Te Here ā Nuku (Nelson Tenths) Bill

Te Here ā Nuku (Nelson Tenths) Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT On 30 October 2024, the High Court found that approximately 3250 hectares of land owned by the Crown in the Nelson, Tasman Bay / Te Tai-o-Aorere, and Golden Bay / Mohua areas was held by the Crown on trust for the descendants of former owners of that land. The Court, by order of 24 July 2025, removed the Crown as trustee of the relevant lands and appointed 14 individuals as replacement trustees. The parties to the litigation filed appeals and cross-appeals in relation to elements of the High Court’s findings, but the parties settled the litigation before the appeals were heard. The primary element of the settlement between the parties was the recognition by the Crown that it holds, and has since 1845 held, land and money on trust for the beneficiaries, being the descendants of the former owners of that land. The primary purpose of the Bill is to provide for the transfer of legal title in the relevant lands from the Crown (as former trustee) to the new trustees as appointed by the Court (the trustees of Te Here ā Nuku Trust). The Bill also provides for arrangements in respect of trust land that may continue to be used for conservation or reserve purposes and implements matters that require, or for which it is desirable to have, statutory authorisation. On 17 December 2025, the Attorney-General and the Plaintiff, Mr Rore Stafford, signed a Resolution Agreement that settled long-running private law litigation under the name Stafford v Attorney-General (also generally known as the Wakatū case). The Resolution Agreement, which is a binding agreement between the parties, among other things, recognises that the relevant land is already held by the Crown on trust for the beneficiaries, and that title to that land should transfer to the replacement trustees without delay. The Bill provides for the transfer of legal title from His Majesty the King (former trustee of the relevant land) to the trustees of Te Here ā Nuku Trust (appointed by the High Court to be the replacement trustees of the relevant land). The legislation also provides for the specific application of certain provisions of the National Parks Act 1980, Reserves Act 1977, and Public Works Act 1981 to trust land. Importantly, the Bill does not itself alter the ultimate ownership of the relevant lands nor provide for the transfer of any value. The beneficial interests and ownership in the land remain with the beneficiaries of the trust, as found by the Court and recognised by the Crown through the Resolution Agreement. The litigation arose from the circumstances surrounding early land transactions in, and the colonial settlement of, the Nelson, Tasman and Golden Bay areas in the 1840s. Prior to the signing of the Treaty of Waitangi, the New Zealand Company had purported to purchase a large amount of land in those areas, with part of the promised purchase price being the setting aside of one-tenth of land purchased for the benefit of the vendors of the land. The agreement was also that land occupied by the vendors (pā, cultivation areas, and urupā) were to be excluded from the land purchased. Following the signing of the Treaty and the proclamations of Crown sovereignty, the New Zealand Company’s purchase had to be investigated by a commissioner and validated by the Crown. The Crown ultimately accepted the commissioner’s recommendations in relation to the New Zealand Company’s purchase, which were that the Company had validly purchased, and should be granted, 151,000 acres of land subject to reserving from the sale 15,100 acres for the vendors of the land and subject also to excluding any occupied lands from the areas to be granted. The Crown ultimately failed to exclude all occupied lands from the areas granted to the Company and failed to set aside and hold the full 15,100 acres for the vendors. Ultimately, the combined failures amounted to a shortfall of approximately 11,715 acres of land. Mr Stafford, on behalf of the former owners, issued private law proceedings in 2010 founded in trust and property law and in the law of equity seeking findings that the Crown breached its private law obligations in respect of the matters rehearsed above and seeking to recover the trust property, being the ultimate shortfall. Ultimately, the Supreme Court of New Zealand declared that the Crown owed enforceable obligations to the reserve land for the vendors of the original purchase and to have excluded the occupied lands from the areas granted. Those obligations were not merely political or moral in nature, but legally enforceable in private law. Following this, the High Court (charged by the Supreme Court with determining matters of breach, defences, and relief) found that these obligations had been breached and, most importantly, that all land remaining in the Crown’s ownership within the relevant areas has been, since 1845 (or the point acquired by the Crown), held on trust for the beneficiaries (being the descendants of the former owners). The Court further found, and had the matter not settled would have ordered, that the Crown holds on trust, and should transfer to the replacement trustees, money in lieu of trust land no longer held by the Crown and money representing the lost beneficial use of the land since 1845. The Bill comprises a Preamble and six parts The Preamble outlines the background to the Nelson Tenths scheme, including the failure of the Crown to reserve and exclude land for the benefit of the customary owners, and the resulting findings of the High Court. The Preamble will appear in both English and te reo Māori. The rest of the Bill will be in English only. Part 1 sets out the Bill’s purpose, enactment date, general interpretation provisions, land to be released from the Trust (and returned to the Crown), the extinguishment of any further claims relating to the Nelson Tenths scheme, and the recognition that the settlement package constitutes the restoration of trust property. This Part addresses matters concerning Te Here ā Nuku Trust, largely by reference to the trust deed, which requires, under clauses 10.6 and 10.7 of the Resolution Agreement, that certain matters be included in legislation introduced in respect of the trust held by the High Court to have existed since 1845. Part 2 also provides for the High Court’s inherent and exclusive jurisdiction over the trust, enables the trust to exist in perpetuity, and provides for the trust to elect Māori Authority status under the Income Tax Act 2007. Part 3 provides for, and modifies, the application of the National Parks Act 1980, requires the trust to enter a licence with the Department of Conservation to enable the continued operation of the Abel Tasman National Park (Great Walk) for a minimum of 25 years. This part also deals with improvements and assets on trust land and provides for relationship arrangements and reporting obligations between the Department of Conservation and the trust. Part 4 sets out arrangements relating to reserves that are owned by the trust, in particular, Tōtaranui, Kaiteretere, Te Waikoropupū, Milnthorpe, and Te Taero a Kereopa. This part also provides for relationship arrangements, reporting obligations between the Department of Conservation and the trust, and the removal of reserve status by election of the trust. Part 5 provides for the transfer of legal title and registration, enabling mechanisms for the transfer of title to land currently held by the Crown (as trustee) to the replacement trustees. Part 6 inc;udes an official geographic name change, Kaiteriteri to Kaiteretere, and limits on compulsory acquisition under the Public Works Act 1981 of trust land. The Bill contains no clauses relating to resumptive memorials as these have previously been removed through the Te Tau Ihu Treaty settlements. DEPARTMENTAL DISCLOSURE STATEMENT The Crown Law Office is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=328 CLAUSE BY CLAUSE ANALYSIS Preamble The Preamble , in te reo Māori and in English, describes certain matters that are critical to the contents of the Bill. These are the matters at the heart of the private law litigation referred to in the Preamble , and relate to the Crown’s failure in 1845 to honour its undertakings in relation to land purchases of the New Zealand Company in the previous decade, namely— the litigation commenced by Rore Stafford, acting on behalf of the descendants of the customary owners of the land at the time of the purchase; and the replacement of the Crown as trustee; and the continuation of Te Here ā Nuku Trust. Clause 1 is the Title clause. Clause 2 is the commencement clause, providing that the Act comes into force on the day after Royal assent. PRELIMINARY PROVISIONS Clause 3 sets out the purposes of the Bill, which include continuing the trust that has existed since 1845, providing for the transfer of legal title of land of the Crown to the trustees of Te Here ā Nuku Trust, and implementing matters that require, or for which it is desirabl, that they be given, statutory authority Clause 4 provides for when the provisions of the Bill are to take effect, and what may be done before they have full effect. Clause 5 states that this Bill binds the Crown. Clause 6 states that the Bill is to be interpreted in a manner that best furthers the matters in the Resolution Agreement. Clause 7 is the interpretation clause, setting out the meaning of key terms used in the Bill. Clause 8 provides that the trustees may, for a period of 24 months after the commencement of this Bill or after future trust land has been identified, release from the trust, land that they do not wish to continue to hold. Clause 9 discharges all the claims defined as Stafford claims and any claims relating to the operation of the New Zealand Company or the Crown in respect of the Nelson land purchases (the Nelson Tenths scheme ). The provision does not exclude claims relating to the interpretation, implementation, or enforcement of the Bill or the Resolution Agreement. Clause 10 excludes claims made against Rore Stafford or any other trustees in connection with the financial management of the litigation. Clause 11 sets out the nature of the relief comprising the final package, as provided through the Resolution Agreement and this Bill, to Ngā Uri in discharge of the Stafford claims. TE HERE Ā NUKU TRUST Clauses 12 to 14 provide details about the trust and clause 15 sets out the purposes of the trust as contained in the trust deed ( see Schedule 6 of the Resolution Agreement). Clause 16 states that the descendants of Ngā Tūpuna o Ngā Uri are the beneficiaries of the trust. Clauses 17 to 21 provide details on the nature of the trust, the jurisdiction of the High Court in relation to the trust, an exemption to the jurisdiction of the Māori Land Court under Te Ture Whenua Maori Act 1993, an amendment to the Income Tax Act 2007 to enable the trust to elect to be a Māori Authority, and an exemption from any limitation on the duration of the trust. TRUST LAND: TE HERE Ā NUKU NATIONAL PARK LAND Clause 22 sets out the meanings of terms used in Part 3 . Clause 23 provides for the transfer of legal title in Te Here ā Nuku national park land to the trustees, and confirms its ongoing status as part of the Abel Tasman National Park (subject to the terms of the licence under which the Department of Conservation (the Department ) carries out its duties, this Bill, and the National Parks Act 1980 as modified by this Bill: see also clause 51 of this Bill and Appendix 2 of Schedule 4 of the Resolution Agreement). Clauses 24 and 25 provide for how the National Parks Act 1980 applies to Te Here ā Nuku national park land, which is private land owned by the trustees, but is nevertheless subject to provisions under which the Department of Conservation is able to exercise rights provided for under the licence. Clause 24 also provides for additional purposes of the National Parks Act 1980, and limits the application of that Act to the whole or part of Te Here ā Nuku national park land for the duration of the licence. Clause 26 requires the trustees to grant a 25-year licence to the Crown. The purpose of the licence is recorded in the Resolution Agreement. Clauses 27 and 28 provide that the Department of Conservation may use certain areas of Te Here ā Nuku national park land ( excluded land ); that land may be excluded from the licence area. Clause 29 relates to the status of the foreshore areas adjacent to Te Here ā Nuku national park land. Clauses 30 to 33 deal with the responsibilities relating to improvements located in Te Here ā Nuku national park land that belong to the Department of Conservation. Clauses 34 and 35 provide for the matters for which liability falls on the Department of Conservation and the limits to that liability. Clauses 36 to 40 set out the requirements for management planning for, and applying to, Te Here ā Nuku national park land. Clauses 41 to 44 deal with operational matters relevant to the management of Te Here ā Nuku national park land and the limitations on the Department’s activities in those areas, including dealing with emergencies. Clauses 45 and 46 provide for the Department to report annually and confirm the Department’s independence in respect of its budget decisions. Clause 47 requires the trustees and the Department of Conservation, on or about the date that is 22 years after the transfer date, to begin to review the arrangements that apply under the licence. Clauses 48 to 50 provide for concessions (and other kinds of authorisation) and how they are to apply in light of the status of Te Here ā Nuku national park land as private land. Responsibility to grant concessions and other authorisations remains under the National Parks Act 1980, as modified by the Bill. Unless the Bill provides otherwise, the responsibilities of the Minister and the Director-General of Conservation continue to apply as far as they are relevant. Current concessions and other authorisations continue to apply until they expire or are terminated, but must not be amended without the written agreement of the trustees. New concessions or other authorisations may be granted, but only with the written agreement of the trustees. The trustees may exercise their roles as described in the kawenata in applying the process to the granting of concessions or other authorisations and managing current concessions or authorisations. Clause 51 sets out how specified provisions of the National Parks Act 1980 are to be read and applied to align with the provisions of this Bill. TRUST LAND SUBJECT TO RESERVES ACT 1977 Clause 52 sets out the definitions of terms used only within Part 4 . Clause 53 states how conservation legislation applies to Te Here ā Nuku reserve land. SPECIFIC RESERVES Clause 54 provides for Tōtaranui, being part of the Abel Tasman National Park, to be a recreation reserve after its transfer to the trustees and subject to this Bill, the Reserves Act 1977, and the kawenata. Clauses 55 to 57 set out that the Abel Tasman National Park management plan (2008) and the 2009 continue to apply to Tōtaranui while it remains a reserve, though the trustees may give notice that those documents should no longer apply. While the Department is administering Tōtaranui, the Department must have exclusive possession of certain discrete areas as defined in the Resolution Agreement, which may be altered with the agreement of the trustees. The trustees may give notice to the Department if they propose that Ngā Uri use any part of the area for their own purposes, while respecting the use by the Department and by the public. Clauses 58 to 59 cover the requirements relating to the administration of the Kaiteriteri Recreation Reserve after its transfer to the trustees. The trustees are the successors to the Crown and the Kaiteriteri Recreation Board. The trustees may establish a commercial entity to conduct certain commercial enterprises. Clauses 60 to 62 set out the requirements that would apply to any commercial entity established under these provisions. Clauses 63 and 64 provide for— the administration of the Kaiteretere foreshore reserve; and the relationship of the trustees with the Kaiteriteri Mountain Bike Club Incorporated. Clauses 65 to 67 set out the requirements for the administration of Te Waikoropupū after its transfer to the trustees under section 103 and for as long as it remains a reserve. The Bill confirms that Te Puna Waiora o Te Waikoropupū Springs and Wharepapa Arthur Marble Aquifer Water Conservation Order 2023 is unaffected by the transfer. Clauses 68 and 69 provide for the status of Milnthorpe as a scenic reserve after its transfer to the trustees and its ongoing administration by the Milnthorpe Park Society Incorporated, unless the trustees give 3 months’ notice of their intention to take over the administration of Milnthorpe under the Reserves Act 1977. Clauses 70 and 71 provide for the status of the 3 properties comprising Te Taero a Kereopa after their transfer to the trustees as reserves and for their administration by the Department of Conservation while they continue to have reserve status. The trustees must give the Department at least 3 months’ notice should they elect that they or their nominee take over that responsibility. TRANSFER OF OTHER TE HERE Ā NUKU RESERVE LAND Clause 72 sets out how subpart 2 applies to land other than the reserve lands described in subpart 1 . The existing status and classification of a property is revoked upon transfer and, after the transfer, is declared a reserve under the Reserves Act 1977 and classified under that Act in accordance with the relevant part of Schedule 1 of the Resolution Agreement. Clause 73 provides for the trustees or their nominee to administer Kaka Point under the Reserves Act 1977. Clause 74 provides that the land in the category of other reserve land continues to be administered by the Department or other entity as it was before the transfer. The trustees must give 3 months’ notice if they or their nominee elect to take over the administration of a reserve in this category. FURTHER PROVISIONS APPLYING TO ALL TE HERE Ā NUKU RESERVE LAND Clauses 75 to 81 deal with the following matters: the termination of existing appointments to control and manage Te Here ā Nuku reserve land; and the replacement of the appointments subject to this Bill and the Reserves Act 1977 as modified by this Bill: a general duty that the Department and other entities must control and manage reserve land prudently and responsibly: a power for the trustees to appoint a commercial entity to administer or undertake commercial activities on a reserve, or by giving notice in the Gazette , revoke, reclassify, or change the administering body of any Te Here ā Nuku reserve land: the timing for giving notice in relation to those matters. Clauses 82 to 87 provide the following: the appointment of rangers by the trustees: the conditions that apply if the trustees elect to direct other entities: the situations in which the trustees must be the decision makers in relation to Te Here ā Nuku reserve land: the continuation of the existing names of reserves, unless the trustees give notice in the Gazette of the intention to change a name in accordance with the process required by the Reserves Act 1977: the creation of exclusive reserve areas: the continued application of current management plans and . Clause 88 continues the arrangements for the granting and management of concessions and other authorisations under the Reserves Act 1977 and Conservation Act 1980. Clauses 89 and 90 — enable the trustees to declare any trust land to be a reserve under the Reserves Act 1977 and classify it for a statutory purpose under the Reserves Act 1977; and provide for the necessary modification of certain enactments relevant to concessions and other authorisations on Te Here ā Nuku reserve land to ensure that the trustees have a role in the concession-granting process. Clauses 91 and 92 provide that the trustees and Ngā Uri are entitled to access and use Te Here ā Nuku reserve land, being private land owned by the trustees on behalf of Ngā Uri, subject to authorisation by the trustees for activities that could not be undertaken by the general public. Other than certain exceptions, Ngā Uri are not prevented from using Te Here ā Nuku reserve land by anything in the Reserves Act 1977, the operative management plan, or the 2009 . Clauses 93 and 94 set out the trustees’ obligations in relation to certain properties ( gifted land ) described in Schedule 1 of the Resolution Agreement. Clause 95 provides that the Department may undertake operational management of any Te Here ā Nuku reserve land, but only with the agreement of the trustees. Clauses 96 and 97 deal with the ownership, maintenance, retirement, and replacement of improvements owned by the Department on Te Here ā Nuku reserve land. Clauses 98 and 99 set out where liability falls in relation to Te Here ā Nuku reserve land, including when the reservation of a reserve is revoked, administration is transferred to the trustees, or an improvement is retired. Clause 100 requires the Department to report annually to the trustees in relation to reserves administered by the Department under this Bill. Clause 101 provides that while the Department is managing a reserve under this Bill and the Reserves Act 1977, the revenue derived from the reserve must be used in the management of that reserve or other reserves that are Te Here ā Nuku reserve land. If the trustees are the administering body of a reserve, the revenue from that reserve must be paid to the trustees to be spent on managing that or other reserve land, or for any other purpose. Clause 102 sets out how specified provisions of the Reserves Act 1977 are to be read to align those provisions with this Bill. TRUST LAND: TRANSFER OF LEGAL TITLE AND REGISTRATION Clauses 103 and 104 set out the requirements for the transfer to the trustees of the legal title to land and registration of that title. Clauses 105 and 106 provide for the ongoing status of transferred properties, including ceasing the conservation status of certain properties. Clauses 107 to 109 provide for the way records of title must apply to certain properties and how interests are to be dealt with if the Minister of Conservation is either the grantor or grantee in relation to certain land. Existing third-party rights are to continue ( see clause 109 ). Clause 110 provides for how certain other enactments are to apply to the transfer of property under the Bill. Clauses 111 and 112 discontinue the names and status of Crown protected areas applying to Te Here ā Nuku national park land or Te Here ā Nuku reserve land. Clause 113 provides that a transfer property is not RFR land, and the RFR memorials must be removed from records of title when the transfer is registered, despite the relevant provisions in a Te Tau Ihu settlement Act. Clause 114 provides for the transfer to the trustees of improvements, other than as specified, on or over properties that are transferred to the trustees. Clause 115 provides that land that is an unformed road in Tōtaranui ceases to be a road. It vests in the Crown as Crown land. The land becomes part of Tōtaranui and is declared a reserve and classified as a recreation reserve. The changes described in this clause are dependent on the trustees providing a registrable easement in gross to the Crown for a right of way, as described in Schedule 7 of the Resolution Agreement. Clause 116 provides that for any other unformed road within a property that is transferred to the trustees under this Bill, notice may be given requiring the relevant unitary authority to transfer the unformed road to the Crown without consideration. After giving notice, the Crown must transfer that land to the trustees. Clause 117 provides for the transfer of Te Here ā Nuku national park land or reserve land if there is a change in the trustees. Under clause 118 , notice must be given if the classification of any Te Here ā Nuku reserve land is to be changed or trust land is declared to be a reserve. The Registrar-General must be notified and enter the change on the relevant record of title. Clauses 119 and 120 provide for the removal of notations from records of title of relevant natioal park or reserve land and for the ongoing status of the relevant national park or reserve land if the existing notations are revoked. Clause 121 provides for the transfer to the Crown of trust land released by the trustees from its status as trust land. MISCELLANEOUS APPLICATION OF PUBLIC WORKS ACT 1981 Clauses 122 to 127 apply certain restrictions on the use of compulsory acquisition powers under the Public Works Act 1981 for roading or emergency purposes in respect of Te Here ā Nuku national park land and reserve land. However, there is provision for an interest in that land less than a fee simple estate to be taken for a term of less than 35 years, subject to the consent of the Attorney-General, who must be satisfied as to the tests set out in clause 125(4) . The provisions of this subpart cease to apply if the trustees dispose of land, other than to a subsidiary of the trustees, a successor entity, or an entity holding land for the benefit of the beneficiaries. The trustees retain their right under the Public Works Act 1981 to object to notice being given under the Public Works Act 1981 of an intention to take or acquire any interest in trust land. APPLICATION AND AMENDMENT OF EXISTING PLANNING DOCUMENTS Clauses 128 and 129 enable the trustees to request a relevant local authority to amend certain existing planning documents to reflect the status of trust land as private land and no longer constituted as national park or reserve land. The local authority must comply with that request. STATUTORY IMMUNITY Clause 130 provides that because the Crown failed to disclose certain information by the agreed date ( see clause 7.2 of the Resolution Agreement), the trustees are granted immunity from liability in any court proceedings arising from that failure. RATEABILITY OF CERTAIN TRUST LAND Clause 131 provides that trust land retains the non-rateable status it had before its transfer under this Bill, even if the status that applied before its transfer is revoked, provided there continues to be the same or similar benefit to the general public from the land. OFFICIAL GEOGRAPHIC NAMES Clauses 132 to 134 provide for the orthography of certain place names to be updated and declared to be new official geographic names. The New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) must publish the new official geographic names, as required by the New Zealand Geographic Board (Ngā Pou Taunaha) Act 2008, and any change of name must be made in accordance with that Act and only with the written agreement of the trustees. OTHER MATTERS Clause 135 requires the trustees to make redacted copies of the Resolution Agreement available for inspection free of charge on an internet site that they maintain. The Solicitor-General and the trustees have jointly agreed the content that is redacted and withheld as at 25 June 2026. Clause 136 sets out how notices must be given under this Bill. The Parliament of New Zealand therefore enacts as follows: 1 Title This Act is Te Here ā Nuku (Nelson Tenths) Act 2026 . 2 Commencement This Act comes into force on the day after Royal assent. 3 Purpose The purposes of this Act are— a to continue, as a discretionary trust, the trust that the High Court held has existed since 1845 in respect of land within the Spain Award area ( see Stafford v Attorney-General [2024] NZHC 3110); and b to include provisions to transfer, to the trustees, legal title to land of the Crown within the Spain Award area; and c to provide for arrangements in relation to Te Here ā Nuku national park land and Te Here ā Nuku reserve land; and d to implement those matters agreed under the Resolution Agreement that require statutory authorisation, or for which it is desirable that they be given statutory authorisation. 4 Provisions to take effect on commencement of this Act Unless stated otherwise, the provisions of this Act take effect on the day they come into force under section 2 . Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required for— a the provision to have full effect on that date; or b a power to be exercised under the provision on that date; or c a duty to be performed under the provision on that date. 5 Act binds the Crown This Act binds the Crown. 6 Interpretation of Act generally It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the matters set out in the Resolution Agreement. 7 Interpretation In this Act, unless the context requires otherwise,— 2009 means the Abel Tasman National Park 2009 Abel Tasman National Park management plan and management plan mean the Abel Tasman National Park management plan made under the National Parks Act 1980 and dated 2008 adjacent foreshore areas has the meaning given in section 22 administering body has the meaning given in section 2(1) of the Reserves Act 1977 authorised licence activities has the meaning given in section 22 authorised Ngā Uri activities has the meaning given in section 22 board , unless otherwise defined, means the relevant Conservation board established under the Conservation Act 1987 chattels and equipment means tangible movable items of personal property not fixed to land or a building, and includes tools, machinery, and electronic devices commencement and commencement date , unless otherwise qualified, mean the commencement of this Act in accordance with section 2 concession has the meaning given in section 2(1) of the Conservation Act 1987 conservation area has the meaning given in section 2(1) of the Conservation Act 1987 conservation legislation means— a the Conservation Act 1987; and b the enactments listed in Schedule 1 of that Act corporate trustee has the meaning given in section 14(3) Crown has the meaning given in section 2(1) of the Public Finance Act 1989 delayed disclosure information means information about trust land that— a was not given by the Crown to the trustees in the course of giving initial disclosure information as required by clause 7.1 of the Resolution Agreement; but b was given by the Crown to the trustees before 27 February 2026 delayed release land has the meaning given in section 8(1) Department means the department of State that, for the time being, administers the Conservation Act 1987, National Parks Act 1980, and Reserves Act 1977 Director-General means the Director-General of Conservation disclosure information means information given or required for initial disclosure or delayed disclosure, as the case may be expiry date has the meaning given in section 8(5) final package means— a Te Here ā Nuku trust land, as described in Schedule 1 of the Resolution Agreement; and b monetary payments provided for under the Resolution Agreement foreshore administering committee has the meaning given in section 22 former unformed road means the land that has vested in the Crown under section 115 or is transferred to the Crown under section 116 future third- party rights means any lawfully created rights or interests that relate to future trust land future trust land means land that is within the meaning of clause 7.12 of the Resolution Agreement improvements means improvements of any kind on trust land, including buildings, sealed yards and paths, fences, subsoil structures and services, but not including chattels or equipment initial disclosure information has the meaning given in clause 2.1.8 of the Resolution Agreement initial Te Here ā Nuku national park land has the meaning given in section 22 interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property Kaka Point has the meaning given in section 52 kawenata means the covenant that must be entered into in the terms described in the Resolution Agreement Kaiteretere foreshore reserve has the meaning given in section 52 land means trust land licence means the licence— a applying over Te Here ā Nuku national park land, as required by section 26 ; and b that is in a form consistent with Appendix 2 to Schedule 4 of the Resolution Agreement; and c includes, as long as the trustees and Department agree, a new, an extended, and a varied licence, and any other agreed arrangement to replace the licence LINZ means Land Information New Zealand local authority has the meaning given in section 5(1) of the Local Government Act 2002 Minister means the Minister responsible for administering— a the Conservation legislation, for the purposes of Parts 3 and 4 ; and b Land Information legislation for the purposes of subpart 1 of Part 6 Ngā Tūpuna o Ngā Uri means the tūpuna named in Schedule 3 of the trust deed or as that list is amended from time to time in accordance with the requirements of clause 4 of Schedule 4 of that trust deed Ngā Uri means the descendants of Ngā Tūpuna o Ngā Uri listed in Schedule 3 of the trust deed or as that list is amended from time to time in accordance with the requirements of clause 4 of Schedule 4 of that trust deed Ngā Uri member means a member of Ngā Uri, regardless of the age of a member NZGB Act means the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 other authorisations means authorisations granted by— a the Director-General acting under any conservation legislation; or b the Minister of Conservation acting under any conservation legislation other entity has the meaning given in section 52 other Te Here ā Nuku reserve land and other reserve land have the meaning given in section 52 other trust land means a property described in Part 3 of Schedule 1 of the Resolution Agreement proceedings means any or all of the following: a the proceeding against the Crown filed in the High Court as CIV-2010-442-181: b the appeal filed in the Court of Appeal as CA436/2012: c the appeal filed in the Supreme Court as SC13/2015: d the claims remitted by the Supreme Court to the High Court for liability, loss, and remedy to be determined in accordance with the Supreme Court’s judgment of 28 February 2017, including any case stated to the Māori Appellate Court: e any appeals from the High Court’s decision on any remaining questions: f any other related claims brought before any court, tribunal, or other jurisdiction, including the Māori Land Court and the Waitangi Tribunal, as well as any arbitration or mediation process, or any formally constituted inquiry of commission record of title has the meaning given in section 5(1) of the Land Transfer Act 2017 regional council has the meaning given in section 5(1) of the Local Government Act 2002 Registrar-General has the meaning given to Registrar in section 5(1) of the Land Transfer Act 2017 released trust land means— a the trust land described in Schedule 3 of the Resolution Agreement; and b any trust land described in a notice given to the Crown by the trustees under section 8 that the trustees wish to be released from the trust Reserves Act has the meaning given in section 52 Resolution Agreement — a means the Resolution Agreement dated 17 December 2025 and signed by— i the Honourable Judith Collins, Attorney-General, for and on behalf of the Crown; and ii Rore Pat Stafford as plaintiff and as trustee; and iii each of the other Te Here ā Nuku trustees, for and on behalf of the beneficiaries of Te Here ā Nuku Trust; and b includes— i the schedules of, and attachments to, the Resolution Agreement; and ii any amendments of, and attachments to, the Resolution Agreement or its schedules or attachments Spain Award area means the area— a referred to in the William Spain Report entitled Report on the New Zealand Company’s Purpose of Nelson District dated 31 March 1845; and b as represented in the mapping relied on by the High Court in proceeding CIV-2010-442-181; and c as set out in the joint statement of John Stewart Wallace and James Brent Parker recording their agreement of 14 August 2023 on the location of the Spain Award area boundary Stafford claims means any claim, including contingent, prospective, actual, or alleged claims against the Crown, by any person relating to or arising from the facts and circumstances underlying the proceedings filed in the High Court as CIV-2010-442-181, including claims preserved by section 25(6) of the Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2024 Te Here ā Nuku national park land has the meaning given in section 22 Te Here ā Nuku reserve land has the meaning given in section 52 Te Here ā Nuku Trust and trust have the meaning given in section 12 Te Here ā Nuku trust deed means Te Here ā Nuku trust deed dated 16 December 2025 as set out in Schedule 6 of the Resolution Agreement Te Here ā Nuku trust land and trust land mean— a all the land impressed with Te Here ā Nuku Trust and described in Schedule 1 of the Resolution Agreement; and b any future trust land Te Taero a Kereopa has the meaning given in section 52 third-party rights means the rights, interests, and other lawfully created matters that relate to— a trust land for which initial disclosure information was given, as noted in column 3 of Schedule 1 of the Resolution Agreement; or b trust land for which delayed disclosure information has been given, as contained in that information and set out in a list notified to the trustees by the Crown not later than 27 February 2026; or c future trust land for which disclosure is given to the trustees as part of the negotiation process referred to in clause 7.12.2 of the Resolution Agreement transfer date means the date on which the fee simple estate in a property is transferred to the trustees transfer property means 1 or more of the following: a other trust land, initial Te Here ā Nuku national park land, and Te Here ā Nuku reserve land ( see Schedule 1 of the Resolution Agreement); and b future trust land; and c a former unformed road trust deed means the trust deed set out in Schedule 6 of the Resolution Agreement trustees and Te Here ā Nuku trustees mean— a the following persons named in the High Court (Minute No 23) of Edwards J, dated 24 July 2025, in their capacity as trustees of Te Here ā Nuku Trust: i Rore Pat Stafford: ii Jamie Tuuta: iii Kerensa Johnston: iv George Stafford: v Riria Te Kanawa: vi Roma Hippolite: vii Hone McGregor: viii Olivia Hall: ix Jeremy Banks: x Nicole Akuhata: xi Hēmi Sundgren: xii Rōpata Taylor: xiii Russell (Barney) Thomas: xiv Peter Meihana; and b includes any subsequent trustees named as trustees of Te Here ā Nuku from time to time in accordance with clause 4 of the trust deed; and c includes a corporate trustee, if appointed trust fund means the property that the trustees or their nominee hold, or is held, from time to time on the trusts of the trust deed, including— a the final package; and b any other property that the trustees may subsequently purchase, receive (including income) or otherwise acquire from themselves or another person, firm, or corporation, or the Crown for the purpose and objects of the trust working day means a day that is not— a a Saturday or Sunday; or b Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, Labour Day, or Te Rā Aro ki a Matariki/Matariki Observance Day; or c if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday; or d a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; or e a day that is observed as the anniversary on the province of— i Wellington; or ii Nelson. 8 Trust land released from trust At any time or times not later than the expiry date, the trustees may— a notify the Crown of any trust land that they wish to release from the trust ( delayed release land ); and b transfer the legal (if applicable) and equitable estate in that land to the Crown. The trustees must do everything required of them— a to release the relevant land from the trust; and b to transfer the legal (if applicable) and equitable estate in the released land to the Crown. Any land released under this section— a must be released in the same condition and state that it was in at the date of the Resolution Agreement, except as to any matters outside the control of the trustees; and b continues to have the same status as applied before its release under this section. The costs incurred by the trustees in performing their obligations under this section must be paid by the Crown. In this section, expiry date means,— a in relation to trust land described in Schedule 1 of the Resolution Agreement, the date that is 24 months after the commencement date; and b in relation to future trust land, the date that is 24 months after the date on which land is identified as future trust land. 9 Stafford claims discharged On and from the 17 December 2025, all claims determined by the Court in the proceedings ( see the definition of proceedings in section 7 ), are fully and finally settled. The Crown is discharged and released from all obligations and liabilities in respect of— a the Stafford claims; or b any other claim relating to the operation of the New Zealand Company or the Crown in respect of the Nelson Tenths scheme; or c any claim against the Crown as trustee of the trust. Despite any other enactment or rule of law, on and after the commencement date, no court, tribunal, or other judicial body has jurisdiction to consider or further consider, or make a finding or order in relation to— a any claim referred to in subsection (2) ; or b this Act; or c the Resolution Agreement. Subsection (3) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation, implementation, or enforcement of this Act or the Resolution Agreement. 10 No claims against trustees No person has a claim against— a Rore Pat Stafford or any other trustee for entering into the Resolution Agreement; or b the trustees for using the money paid by the Crown to the trustees on 1 December 2025 to satisfy debts incurred by the trustees or Rore Pat Stafford before 17 December 2025, including debts through litigation funding arrangements relating to the Stafford claims. 11 Nature of relief and final package The relief provided to Ngā Uri for the discharge of the Stafford claims is the recognition by the Crown, through the Resolution Agreement and as recorded in the Preamble, that it held money and holds land on trust for Ngā Uri. The land and money comprising the final package was, before the signing of the Resolution Agreement, property beneficially owned by Ngā Uri and held by the Crown on trust for Ngā Uri. The money payments provided for under the Resolution Agreement and paid by the Crown to the trustees on 18 December 2025 was a transfer of trust property to the trustees by the Crown as former trustee of that property. The transfer of a transfer property under this Act to the trustees effects a transfer of legal title to that transfer property by the Crown as former trustee of that property. 12 Meaning of Te Here ā Nuku Trust In this Act, Te Here ā Nuku Trust and trust mean the trust that the High Court in Stafford v Attorney-General [2024] NZHC 3110 found to have existed since 1845 and is continued by trust deed dated 16 December 2025, in accordance with the order of the High Court. 13 Continuation and name of trust The continuation of Te Here ā Nuku Trust by the trust deed gives effect to the trust found by the High Court to have existed since 1845 ( see Stafford v Attorney-General [2024] NZHC 3110). Te Here ā Nuku Trust is— a a discretionary trust; and b enforceable in accordance with the terms of the trust deed. 14 Power to appoint corporate trustee The trustees may, at any time, appoint a corporate trustee. If a corporate trustee is appointed, any trustee appointed in accordance with the trust deed becomes a director of the corporate trustee and the provisions applying to that individual as a trustee apply to the individual as a director of the corporate trustee. In this section, corporate trustee means an entity incorporated to act as a corporate trustee of Te Here ā Nuku Trust. 15 Purposes of Te Here ā Nuku Trust The primary purpose of Te Here ā Nuku Trust is to ensure the collective and intergenerational well-being of Ngā Uri, including by enhancing and caring for the trust fund. The trustees may take any action required to settle, receive, hold, manage, and administer the trust fund as an endowment on behalf of, and for the collective benefit of, present and future Ngā Uri members, including— a promoting the collective educational, spiritual, economic, health, and social or cultural well-being, and the development and advancement, of Ngā Uri; and b promoting the kaitiakitanga of all trust land and other land within Nelson, Tasman/Te Tai-o-Aorere, and Golden Bay/Mohua; and c supporting the ongoing care, maintenance, establishment of, and enhancement pf places of physical, cultural, or spiritual significance to Ngā Uri within Nelson, Tasman/Te Tai-o-Aorere, and Golden Bay/Mohua (including specified trust land); and d supporting strategies, whether led and implemented by the trustees or any other entity,— i designed to build communities of tikanga practice for Ngā Uri in Nelson, Tasman/Te Tai-o-Aorere, and Golden Bay/Mohua; and ii that supports the reconnection of the members of Ngā Uri to one another and to the trust and its land in Nelson, Tasman/Te Tai-o-Aorere, and Golden Bay/Mohua; and e undertaking commercial activities to support the purpose of the trust; and f funding any other agency or entity, consistent with the purpose of the trust; and g for any other purpose that the trustees, from time to time, consider to be beneficial to Ngā Uri. 16 Beneficiaries of trust The beneficiaries of the trust are the descendants of Ngā Tūpuna o Ngā Uri. 17 Declaration that land and money held on single trust Despite the judgment of the High Court in Stafford v Attorney-General [2024] NZHC 3110,— a the Tenths land and occupation land, which is the land to which legal title is transferred to the trustees under this Act, is general land that does not have a particular character; and b there is no distinction between money held by the Trust that could, historically, have been derived from Tenths land, and money that could have been derived from occupation land. In this section and section 18 , the terms Tenths land and occupation land have the meanings given by the High Court in Stafford v Attorney-General [2024] NZHC 3110. 18 Exclusive jurisdiction of High Court The High Court has exclusive jurisdiction on all matters relating to Te Here ā Nuku Trust and trust land. 19 Treatment of Te Here ā Nuku Trust under Te Ture Whenua Maori Act 1993 For the purposes of section 236(1)(c) of Te Ture Whenua Maori Act 1993, Te Here ā Nuku Trust must not be treated as a trust constituted in respect of General land owned by Māori. General land owned by Māori has the meaning given in section 4 of Te Ture Whenua Maori Act 1993. 20 Amendment to Income Tax Act 2007 This section amends section HF 2 of the Income Tax Act 2007. After section HF 2(8), insert: Te Here ā Nuku Trust 9 Te Here ā Nuku Trust, a discretionary trust held by the High Court in Stafford v Attorney-General [2024] NZHC 3110 to have been in existence since 1845 and continued by the trust deed dated 16 December 2025, is eligible to make an election. Subsection (2) applies for the 2025–26 and later income years. 21 Limit on duration of trust does not apply A limit on the duration of a trust in any rule of law, and a limit in the provisions of an Act, including section 16 of the Trusts Act 2019,— a do not prescribe or restrict the period during which— i Te Here ā Nuku Trust may exist in law; or ii the trustees may hold or deal with property or income derived from property; and b do not apply to a document entered into to give effect to the Resolution Agreement 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. However, if Te Here ā Nuku Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019. 22 Interpretation In this Part, unless the context requires otherwise,— adjacent foreshore areas means the areas that are— a adjacent to Te Here ā Nuku national park land; and b part of the Abel Tasman Scenic Reserve administered by the foreshore administering committee authorised licence activities means the activities provided for in the Fifth Schedule of the licence authorised Ngā Uri activities means any activities that are— a authorised in writing by the trustees; and b undertaken by the trustees or by Ngā Uri in accordance with section 25 foreshore administering committee — a means the committee appointed by the Minister under section 9 of the Reserves Act 1977 in relation to the adjacent foreshore area; and b includes any successor committee or body initial Te Here ā Nuku national park land means the property described in Part 1 of Schedule 1 of the Resolution Agreement Te Here ā Nuku national park land means all or the part of the initial Te Here ā Nuku national park land that is held in the name of the trustees and that forms part of Abel Tasman National Park. 23 Transfer of legal title of initial Te Here ā Nuku national park land to trustees This section applies to the initial Te Here ā Nuku national park land (being part of the Abel Tasman National Park) that is transferred to the trustees under section 103 . Immediately before the transfer of that land, the land ceases to be a national park under the National Parks Act 1980. Immediately after the transfer of that land, the land— a is held as Te Here ā Nuku national park land under this Act; and b is declared to be national park and forms part of Abel Tasman National Park; and c unless otherwise expressly provided by this Act, is subject to the National Parks Act 1980 as if it were constituted under that Act. 24 Application of National Parks Act 1980 The National Parks Act 1980 applies to Te Here ā Nuku national park land for as long as the licence is in effect, but subject to— a the terms of this Act; and b the modifications to the National Parks Act 1980 by this Act ( see section 51 ); and c the terms of the licence; and d the kawenata. In addition to the general purposes set out in section 4(1) and (2) of the National Parks Act 1980, the provisions of that Act apply for the purpose of acknowledging and upholding— a the status of Te Here ā Nuku national park land as private land, as provided for by this Act; and b the use of that land for Te Here ā Nuku national park land purposes (as provided for in this Part). The National Parks Act 1980 ceases to apply to Te Here ā Nuku national park land or part of it on the day that the licence terminates for Te Here ā Nuku national park land or the relevant part of that land in accordance with the terms of the licence and the Resolution Agreement. However, despite subsection (3) , the lawful rights and interests existing on that date that relate to Te Here ā Nuku national park land continue to apply according to their terms and conditions with any necessary modification until the right or interest expires or is terminated in accordance with the terms and conditions of that right or interest. 25 Te Here ā Nuku national park land is private land Te Here ā Nuku national park land is private land owned by the trustees on behalf of Ngā Uri. The trustees and Ngā Uri, as the owners of Te Here ā Nuku national park land, have and must always have access to, and use of, Te Here ā Nuku national park land for their own purposes. Subsections (1) and (2) apply despite— a the trustees’ grant of the licence; and b anything in the National Parks Act 1980; and c the status of the land as part of a national park; and d the national park management plan and 2009 continuing to apply in modified form. However, this section is subject to the following conditions: a the Department must be able to exercise, without unreasonable interference, its rights provided for in the licence; and b any use of Te Here ā Nuku national park land by the trustees or Ngā Uri for authorised Ngā Uri activities— i must not unreasonably interfere with the rights of the Department under the licence; and ii must be sensitive to the environment in which the authorised Ngā Uri activities are proposed (including conservation activities and making provision for public access to and over Te Here ā Nuku national park land); and c before activities are undertaken by the trustees or Ngā Uri on or over Te Here ā Nuku national park land, the trustees must authorise the activities in writing as authorised Ngā Uri activities and provide copies of the authorisations to the Department, subject to subsection (6) ; and d the authorised Ngā Uri activities may not occur within the areas referred to in section 27 without the agreement of the Department. The kawenata must provide a process by which— a the trustees are to provide prior notice to the Department of proposed authorised Ngā Uri activities; and b the trustees and the Department can best provide for the proposed authorised Ngā Uri activities; and c the trustees and Department will discuss any matters of concern. This section does not— a require the trustees to consent to, or be responsible for, the use of Te Here ā Nuku national park land by Ngā Uri in the same manner as applies to the general public; or b affect the fact that, in such circumstances, Ngā Uri have the same rights and obligations as apply to the general public. 26 Licence to the Crown for authorised licence activities The trustees must grant a licence to the Crown through the Minister of Conservation and the Director-General. The licence is to commence on the transfer date for a period of 25 years. The area to which the licence must apply is Te Here ā Nuku national park land, subject to any exclusion of land under section 28 . The purpose, scope, and form of the licence are further described in Schedule 4 of the Resolution Agreement. 27 Areas of Te Here ā Nuku national park land exclusive to Department The licence provides for the Department to have exclusive possession of certain areas of Te Here ā Nuku national park land so that these areas are inaccessible to any other person, including the trustees and Ngā Uri. The areas subject to this limitation as at the transfer date are described in the licence, but may be amended through the process agreed and described in the kawenata. 28 Land may be excluded from licence area If the trustees wish to exclude land from Te Here ā Nuku national park land to undertake, or authorise Ngā Uri to undertake, activities within discrete areas of Te Here ā Nuku national park land for the use and benefit of Ngā Uri, the trustees must— a give notice to the Department that discrete areas of the national park land are to become excluded areas (the excluded areas ) and confirming that those areas— i are removed from the area described in the licence; and ii cease to be Te Here ā Nuku national park land; and iii cease to be national park and part of the Abel Tasman National Park; and b publish in the Gazette a notice confirming the matters set out in paragraph (a) . However, before giving notice under subsection (1) that the trustees require that an area of Te Here ā Nuku national park land is to become an excluded area, the trustees must give the Department at least 3 months’ notice of their intention and discuss the proposal with the Department during that period. The exclusion of areas from Te Here ā Nuku national park land and the activities to be undertaken in the excluded areas must not unreasonably interfere with the Department’s rights under the licence, including public access over, and use of, Te Here ā Nuku national park land and facilities. 29 Foreshore areas adjacent to Te Here ā Nuku national park land The adjacent foreshore areas are held as part of the Abel Tasman Scenic Reserve. Activities on adjacent foreshore areas directly interact with, and impact on, Te Here ā Nuku national park land. If the foreshore administering committee (the committee ) agrees, the trustees may enter into a relationship agreement with the committee that provides for and acknowledges that— a the activities on adjacent foreshore areas directly interact with, and impact on, Te Here ā Nuku national park land; and b the trustees and the committee must have a relationship based on good faith, respect, transparency, and open-minded collaboration; and c the committee recognises, and provides for, the impact that decisions made in relation to the adjacent foreshore areas could have on the adjacent Te Here ā Nuku national park land; and d the trustees need to be involved at an early stage in, and have an opportunity to contribute to, decisions on managing impacts on the adjacent national park land. 30 Improvements The Department must, for the term of the licence, maintain the improvements on Te Here ā Nuku national park land to the appropriate standard, as set out in the following (the departmental standard ): a the Tracks and Outdoor Visitor Structures: Standards New Zealand Handbook: b the Department’s Hut Service Standard: c any replacement standard agreed with the trustees. The Department may, at its option, repair or replace any improvements of a like nature in the same location, following discussion with the trustees as provided for in the kawenata. The kawenata will include provisions in relation to how the trustees and the Department will interact in relation to improvements, including in relation to asset plans, and discussions on how to approach aging improvements. 31 If improvements no longer required The Department may notify the trustees that it wishes to retire a particular improvement. The Department must secure the agreement of the trustees (which must not be unreasonably withheld) to retire an improvement. The trustees may require that— a the improvement be left in a state that complies with the departmental standard ( see section 30(1) ); and b the Department complies with the process described in section 32 in respect of the relevant improvement. When an improvement is retired in accordance with this section, the Department is no longer required to maintain the improvement to the departmental standard. The Department must obtain the agreement of the trustees before dealing with improvements— a other than in the circumstances set out in subsections (2) to (4) ; and b if improvements are not within the scope of section 30(1) or (2) . Except where subsection (4) applies, at the end of the licence term, the Department must ensure that the improvements meet the Department’s standard. 32 Department’s responsibilities at end of licence term This section applies to the Department’s responsibilities— a at the end of the term of the licence: b if an improvement is retired in accordance with section 31 . Within a reasonable time after an improvement is retired or after the end of the term of the licence, the Department must remove, enclose, or otherwise manage any improvement that the Department and trustees agree are a health and safety risk or that create an environmental liability. If the Department and trustees agree that an improvement must be removed, enclosed, or otherwise managed under subsection (2) , the Department must make good any damage caused to Te Here ā Nuku national park land in the course of removing, enclosing, or otherwise managing the relevant improvement. The Department is not required to reinstate any Te Here ā Nuku national park land after an improvement has been removed, enclosed, or otherwise managed, but the Department must leave the land in a clean and tidy condition. 33 Asset plans and annual report As part of the annual operational planning process the Department must— a provide an asset plan to the trustees and the trustees and Department will discuss the plan in accordance with the process set out in the kawenata; and b provide an annual report to the trustees, setting out relevant information about the improvements on Te Here ā Nuku national park land, including a description, with relevant details, of— i the maintenance that was undertaken in the previous year or years; and ii the maintenance required in the succeeding year or years. 34 Liabilities For the term of the licence, or if liability arose during the term of the licence, the Crown, through the Department, has liability for the following matters as they relate to Te Here ā Nuku national park land: a liability associated with public access to Te Here ā Nuku national park land; and b liability for health and safety matters relating to authorised licence activities on Te Here ā Nuku national park land; and c liability for the actions on Te Here ā Nuku national park land of the Department, its contractors, persons it invites to the Te Here ā Nuku national park land, or the general public; and d liability for contamination in or on Te Here ā Nuku national park land that— i occurred before the transfer date; or ii was caused by the Department during the term of the licence; and e liability for fire, if the fire begins on Te Here ā Nuku national park land or other public conservation land and the Department, its contractors, persons it invites on to Te Here ā Nuku national park land, or a member of the public, causes the fire; and f any other liability that would ordinarily be incurred by the Department as the administering agency of national park land. 35 Limits to Department’s liability Despite section 34 , the Department will not be responsible for a liability that arises as a result of the use of Te Here ā Nuku national park land by the trustees, their agents, contractors, persons invited onto Te Here ā Nuku national park land by the trustees, or Ngā Uri (to the extent that their actions were authorised by the trustees). Subsection (1) does not apply if the use of any Te Here ā Nuku national park land by the trustees, their agents, contractors, invited persons, or Ngā Uri is of the same or similar nature to the lawful and reasonable use of a national park by the general public. 36 Management plan The Abel Tasman National Park management plan continues to apply to Te Here ā Nuku national park land for as long as the licence is in effect, subject to— a this Act; and b any modifications to the application of the management plan necessary to give effect to this Act; and c the terms of the licence; and d the kawenata. 37 New or amended management plan If the Abel Tasman National Park management plan is replaced or amended, the new or amended Abel Tasman National Park management plan applies to Te Here ā Nuku national park land, but only— a to the extent that it is agreed to by the trustees; and b for as long as the licence is in effect. In recognition that Te Here ā Nuku national park land is private land ( see section 25(1) and (2) ), nothing in a new or amended Abel Tasman National Park management plan may prevent the access to, or use of, that land by the trustees or Ngā Uri, for authorised Ngā Uri activities. Subsection (2) is subject to section 25 . 38 Preparation of new or amended management plan This section applies— a if, under Part 5 of the National Parks Act 1980, the Director-General and board propose to replace or amend the Abel Tasman National Park management plan, to the extent that the replacement or amendment would apply to Te Here ā Nuku national park land; but b only for as long as the licence is in effect. In addition to the requirements of section 47 of the National Parks Act 1980 and the roles of the Director-General and board,— a the trustees’ agreement to the form of the draft new or amended management plan (to the extent that it relates to Te Here ā Nuku national park land) is required before the plan is released for public notification; and b the trustees may appoint a member to the hearing panel to hear any submissions on the new or amended draft management plan; and c the trustees’ agreement is required to the final form of the management plan (to the extent that is relates to Te Here ā Nuku national park land) before it takes effect over Te Here ā Nuku national park land. In addition, the trustees may participate in the approval process in the manner set out in the kawenata. This section does not prevent the Department from preparing and approving a new or amended management plan for any parts of the Abel Tasman National Park that are not within Te Here ā Nuku national park land. The kawenata will include a process for the trustees and the Department to explore how they might achieve an integrated approach to the management of Te Here ā Nuku national park land and to the wider Abel Tasman National Park. 39 Abel Tasman National Park 2009 The 2009 and any other relevant continue to apply in respect of Te Here ā Nuku national park land, but only for as long as the licence is in effect and subject to— a this Act; and b modifications to the application of the 2009 necessary to give effect to this Act; and c the terms of the licence; and d the kawenata. 40 New or amended Any new or amended may apply to Te Here ā Nuku national park land, but only— a to the extent that they are agreed to by the trustees; and b for as long as the licence is in effect. The trustees must have a formal role in preparing and approving any new or amended that are to apply to Te Here ā Nuku national park land, as provided for in the kawenata. In recognition that Te Here ā Nuku national park land is private land (as provided for in section 25(1) and (2) ), nothing in new or amended may prevent access to, or use of that land for authorised Ngā Uri activities. Subsection (3) is subject to section 25 . 41 General operational matters The Department must undertake operational management over Te Here ā Nuku national park land for as long as the licence is in effect in accordance with the requirements under— a the National Parks Act 1980, subject to this Act and as modified by this Act ( see section 51 ); and b the terms of the licence; and c the kawenata; and d the annual operational plan. 42 Purpose and preparation of annual operational plan The purpose of the annual operational plan is to provide for how the Department’s activities and those of the trustees are to be undertaken within Te Here ā Nuku national park land for the agreed operational period, including— a setting out in detail how the Department will undertake authorised licence activities in the coming year ( see subsection (3) ); and b identifying any other activities, as agreed to by the trustees, to be undertaken on Te Here ā Nuku national park land but not contemplated in the licence; and c identifying opportunities for Ngā Uri to participate in the operational management of Te Here ā Nuku national park land and in other areas of the Abel Tasman National Park; and d identifying and describing the trustees’ plans and proposals for activities, including authorised Ngā Uri activities, on Te Here ā Nuku national park land for the coming year. To that end, the trustees and the Department must meet not later than 3 months before the start of each operational period for the purpose of developing and agreeing the annual operational plan. The trustees must not unreasonably withhold their agreement as to how the authorised licence activities specified in the licence are to be carried out. In this section, the agreed operational period means a period of 1 year or other period that the trustees and Department agree. 43 Limitations on Department’s activities The Department may undertake— a authorised licence activities on Te Here ā Nuku national park land but only as provided for by the licence and the annual operational plan; and b additional authorised activities (as provided for in section 42(1)(b) ) and emergency activities (as provided for in section 44 ). However, at times other than in the course of setting the annual operational plan, the Department may request the trustees’ agreement for other activities to be undertaken on Te Here ā Nuku national park land that are not included in the annual operational plan. If the Department seeks to use the option described in subsection (2) , it must follow the process provided in the kawenata. 44 Emergency circumstances The Department must follow the processes provided for in the kawenata if an emergency circumstance arises on Te Here ā Nuku national park land that requires the Department to undertake operational management activities urgently without it being reasonably possible to obtain the agreement of the trustees; for example, if— a the circumstances have implications for health and safety or carry other significant risks: b the circumstances require immediate closure of any area, including any track, hut, or campsite. 45 Department to report annually to trustees The Department must provide an annual report to the trustees not later that 3 months after the end of each operational year. The report must deal with the following matters: a the activities undertaken by the Department on Te Here ā Nuku national park land; and b how any relevant issues under this Act, the licence, or the kawenata have been achieved or complied with in the relevant year; and c any issues that have arisen and how they are being, or are to be, resolved; and d any other matters relating to this Act, the licence, or the kawenata that are also relevant to the Department. 46 Department to make own budget and funding decisions The Department retains the discretion to make its own decisions over its budget and funding allocation functions. 47 Review of licence arrangements On or about the date that is 22 years after the transfer date, the trustees and the Department must begin a review of the arrangements under the licence. The purpose and scope of the review is to provide the opportunity for the trustees and the Department— a to discuss how effective the arrangements under the licence have been; and b to discuss whether, following the expiry of the 25-year licence term, they wish— i to extend the term of, or vary, the licence; or ii to enter into a new licence or other arrangement following the expiry of the current term; and c if the trustees and the Department wish to enter into a new, extended, or varied licence or other arrangement, to discuss the terms of that new, extended, or varied licence or other arrangement. The trustees and the Department must both agree before any decision is made to extend or vary the current licence or to enter into a new licence or other arrangement in relation to Te Here ā Nuku national park land, but neither the trustees or the Department is required to give reasons for any decision made under this section. The trustees and the Department may make their decisions under subsection (3) at their sole discretion and on any grounds. 48 Responsibility for granting concessions and other authorisations Subject to the limitations described in sections 49 and 50 and despite the status of Te Here ā Nuku national park land as private land, the Minister and Director-General are responsible for granting, in relation to Te Here ā Nuku national park land, the following concessions and authorisations: a concessions under the following Acts, as modified by this Act: i section 49 of the National Parks Act 1980; and ii Part 3B of the Conservation Act 1987; and b other authorisations under the conservation legislation (as modified by this Act). Except as otherwise provided in this Act, the other statutory responsibilities of the Minister and Director-General under conservation legislation continue to apply, as far as they are relevant, to concessions and other authorisations relating to Te Here ā Nuku national park land. 49 Transitional arrangements This section applies to any lawful concessions or other authorisations that are third-party rights (the current concessions and other authorisations )— a granted under any conservation legislation applying in relation to Te Here ā Nuku national park land; and b in effect on the transfer date. Current concessions and other authorisations— a continue to have effect until they expire or are terminated; but b must not be amended, varied, or extended, except with the prior agreement of the trustees. The parties to a current concession or other authorisation continue to be the Minister or the Director-General, as the case may be, and the holder of a concession or other authorisation. 50 Conditions applying to grant of concessions and other authorisations On and after the transfer date, the following conditions modify the application of the National Parks Act 1980, the Conservation Act 1987, and other conservation legislation, in respect of Te Here ā Nuku national park land, for the purposes of this Act: a the Minister and Director-General may grant a concession or other authorisation over that land but only with the prior agreement of the trustees: b a concession or other authorisation over that land may be granted under the Fast-track Approvals Act 2024 or any other legislation but only with the prior agreement of the trustees: c the trustees are entitled to exercise their roles, as provided in the kawenata, in— i the process applying to the granting of concessions and other authorisations; and ii managing any current concessions or other authorisations. 51 Modifications to certain provisions of National Parks Act 1980 The application of the following provisions of the National Parks Act 1980 to Te Here ā Nuku national park land is modified in the manner, and to the effect, provided for in this Act, and subject to any specific provisions in this Act, as follows: Indigenous plants and animals to be preserved a the power conferred by section 5 of the National Parks Act 1980 may be exercised, in relation to Te Here ā Nuku national park land, but only with the prior written agreement of the trustees. Section 5 of that Act does not apply if the authorised Ngā Uri activities include to cut, destroy, or take any indigenous plant or part of an indigenous plant: Introduction of biological organisms b the power conferred by section 5A of the National Parks Act 1980 may be exercised in relation to Te Here ā Nuku national park land, but only with the prior written agreement of the trustees: Exclusion of land from national park c section 11 of the National Parks Act 1980 does not prevent the removal of national park status from Te Here ā Nuku national park land if— i the licence no longer applies; or ii the trustees exercise the power to exclude areas from Te Here ā Nuku national park land ( see section 28 ): Specially protected areas in national parks d the power conferred by section 12 of the National Parks Act 1980 may be exercised in relation to Te Here ā Nuku national park land, but only with the prior written agreement of the trustees: Permits for access to specially protected areas e the power conferred by section 13 of the National Parks Act 1980 may be exercised in relation to Te Here ā Nuku national park land, but only with the prior written agreement of the trustees: Wilderness areas f the powers conferred by section 14 of the National Parks Act 1980 may be exercised in relation to Te Here ā Nuku national park land, but only with the prior written agreement of the trustees: Amenities areas g the power conferred by section 15 of the National Parks Act 1980 may be exercised in relation to Te Here ā Nuku national park land, but only with the prior written agreement of the trustees: Plans of national parks h any plan that is created under section 16 of the National Parks Act 1980 to apply to the Abel Tasman National Park must identify Te Here ā Nuku national park land: Functions of Authority i the functions of the New Zealand Conservation Authority described in section 18 of the National Parks Act 1980 apply to Te Here ā Nuku national park land, but only to the extent that the functions are consistent with this Act: Functions of boards j the functions of boards described in section 30 of the National Parks Act 1980 apply to Te Here ā Nuku national park land, but only to the extent that the functions are consistent with this Act: Rangers k the power conferred by, and requirements prescribed in, section 40 of the National Parks Act 1980 are to be read as applying to Te Here ā Nuku national park land, including a power for the Minister to appoint members of Ngā Uri as honorary rangers over Te Here ā Nuku national park land, using the process set out in the kawenata: Delegation of Minister’s powers and functions l the powers of delegation conferred by section 41 of the National Parks Act 1980 may be exercised in favour of the trustees in relation to Te Here ā Nuku national park land: Delegation of Director-General’s powers and functions m the powers of delegation conferred by section 42 of the National Parks Act 1980 may be exercised in favour of the trustees in relation to Te Here ā Nuku national park land: Parks to be administered by Department n despite section 43 of the National Parks Act 1980, Te Here ā Nuku national park land must be administered in accordance with this Act and the National Parks Act 1980 as modified by this Act: General policy for parks o a statement of general policy for national parks under section 44 of the National Parks Act 1980 that applies to Te Here ā Nuku national park land must acknowledge, and must not derogate from, this Act: Conservation management strategies p a conservation management strategy made under section 44A of the National Parks Act 1980 that applies to Te Here ā Nuku national park land must acknowledge, and must not derogate from, this Act: Management plans q the provisions in sections 45 to 48 of the National Parks Act 1980 in relation to the preparation, amendment, review, and approval of management plans that apply to Te Here ā Nuku national park land are subject to any specific provisions for those processes set out in this Act ( see sections 36 to 38 on management plans): Concessions r the provisions in section 49 of the National Parks Act 1980 and Part 3B of the Conservation Act 1987 in relation to concessions over Te Here ā Nuku national park land are subject to any specific provisions on concessions in this Act ( see sections 48 to 50 ): Accommodation within parks s section 50 of the National Parks Act 1980 does not prevent the use of Te Here ā Nuku national park land by Ngā Uri, subject to— i the conditions specified in section 25 ; and ii any relevant provisions of this Act: Farming within parks and other activities in parks t the powers conferred by sections 51 and 51A of the National Parks Act 1980 may be exercised in relation to Te Here ā Nuku national park land, but only with the prior written agreement of the trustees: Roads within park u the power conferred by section 55(2) of the National Parks Act 1980 may be exercised in relation to Te Here ā Nuku national park land, but only with the prior written agreement of the trustees: v the power conferred by section 56 of the National Parks Act 1980 may be exercised in relation to Te Here ā Nuku national park land, but only with the prior written agreement of the trustees ( see sections 39 and 40 ): Financial provisions w Part 6 of the National Parks Act 1980 does not apply to the licence fee or other revenue or payment received by the trustees in respect to Te Here ā Nuku national park land: Offences and infringement offences x Parts 7 and 7A of the National Parks Act 1980 do not apply to authorised Ngā Uri activities that are authorised and undertaken in accordance with this Act: Records of title in respect of national parks y despite the requirements of section 76 of the National Parks Act 1980, a record of title must be raised in respect of Te Here ā Nuku national park land in the name of the Crown and transferred to the trustees under section 103 . 52 Interpretation In this Part, unless the context requires otherwise,— Kaiteriteri foreshore reserve means the land defined as Section 18 SQ 9, Nelson Land District Kaka Point means the property described by that name in subpart B of Part 2 of Schedule 1 of the Resolution Agreement other entity means, in relation to any Te Here ā Nuku reserve land, a board, any trustees, the local authority, a society, an association, a voluntary organisation, or a person or group of persons, whether incorporated or unincorporated, appointed to control and manage that Te Here ā Nuku reserve land other Te Here ā Nuku reserve land and other reserve land mean a property that is described in subpart B of Part 2 of Schedule 1 of the Resolution Agreement Reserves Act means any existing prepared and approved under the Reserves Act 1977 and relevant to any Te Here ā Nuku reserve land Te Here ā Nuku reserve land means land that is subject to the Reserves Act 1977, being— a each of the following properties described under that name in subpart A of Part 2 of Schedule 1 of the Resolution Agreement: i Tōtaranui; and ii Kaiteretere; and iii Milnthorpe; and iv Te Waikoropupū; and v Te Taero a Kereopa A; and vi Te Taero a Kereopa B; and vii Te Taero a Kereopa C; and b other Te Here ā Nuku reserve land; and c as the context requires, all or part of each property described in paragraphs (a) and (b) that is held in the names of the trustees and that remains a reserve under the Reserves Act 1977 Te Taero a Kereopa means, collectively, the following 3 reserves: a Te Taero a Kereopa A (being Boulder Bank Scenic Reserve); and b Te Taero a Kereopa B (being Boulder Bank Recreation Reserve); and c Te Taero a Kereopa C. 53 Conservation legislation The Acts comprising the conservation legislation apply to Te Here ā Nuku reserve land except as otherwise expressly provided by this Act. However, this Act prevails over those Acts to the extent necessary to give effect to the provisions of this Act. 54 Tōtaranui This section applies to Tōtaranui (being part of the Abel Tasman National Park) transferred to the trustees under section 103 . Immediately before the transfer of Tōtaranui to the trustees, the property ceases to be a national park and part of the Abel Tasman National Park under the National Parks Act 1980. Immediately after the transfer, Tōtaranui is declared a reserve and classified as a recreation reserve for the purposes of section 17 of the Reserves Act 1977, and is subject to— a this Act; and b the Reserves Act 1977 (subject to this Act and as modified by section 102 ); and c the kawenata. 55 Application of management plan and 2009 The Abel Tasman National Park management plan and the 2009 apply to the Abel Tasman National Park, including as amended or replaced in accordance with this Act. Despite the fact that Tōtaranui is a recreation reserve, the relevant provisions of the Abel Tasman National Park management plan and the 2009 continue to apply to Tōtaranui while Tōtaranui remains a reserve, as if the management plan and had been approved under the Reserves Act 1977, but subject to— a this Act; and b any modifications of the management plan or necessary to give effect to this Act; and c the kawenata. After discussion with the Department, as provided for in the kawenata, the trustees may give notice in the Gazette that 1 or both of the following, as in force, no longer apply: a the Abel Tasman National Park management plan: b the 2009 . 56 Administration of Tōtaranui On and after the transfer of Tōtaranui under section 103 , the Department must administer Tōtaranui while it remains a reserve under the Reserves Act 1977. However, the trustees must give the Department at least 3 months’ notice in writing if they elect that they or their nominee will, on a specified date, take over the administration of Tōtaranui under the Reserves Act 1977. If the reserve status of Tōtaranui is revoked, the trustees must allow the walking and camping activities associated with the Abel Tasman coastal track to continue while the licence is in effect. To enable the Department to administer Tōtaranui, and for as long as the Department is doing so,— a the Department has exclusive possession, at no cost to the Department, of certain discrete areas and facilities described in paragraphs 4.63(a) to (f) of Schedule 4 of the Resolution Agreement; and b if the Department from time to time proposes to alter any of those areas or facilities, the Department must seek and obtain the agreement of the trustees to that alteration, using the process set out in the kawenata. 57 Use of specified areas The trustees may identify discrete areas in, or buildings in or on, Tōtaranui that Ngā Uri may, from time to time, use for their own purposes with the trustees’ authorisation. Subsection (1) is subject to section 56(4) and the process set out in the kawenata. The trustees must give prior notice to the Department if the trustees propose that Ngā Uri use any part of Tōtaranui, or any buildings in or on Tōtaranui, taking into account operational requirements, including the public booking arrangements that operate at Tōtaranui. The use of any part of Tōtaranui or any buildings in or on Tōtaranui by Ngā Uri must not unreasonably interfere with the Department's ability to operate the Abel Tasman coastal track, camping, and recreational activities in and through Tōtaranui. The trustees and the Department must work together to design and agree a process to be included in the kawenata that enables use of Tōtaranui by Ngā Uri while respecting the booking and other operational arrangements of the Department. This section does not— a require the trustees to consent to, or be responsible for, the use of Tōtaranui by Ngā Uri in the same manner as applies to the general public; or b affect the fact that, in such circumstances, Ngā Uri has the same rights and obligations as apply to the general public. 58 Kaiteretere This section applies to Kaiteretere (being Kaiteriteri Recreation Reserve) transferred to the trustees under section 103 . Immediately before the transfer of Kaiteretere, the reservation of Kaiteretere as a recreation reserve subject to the Reserves Act 1977 is revoked. Immediately after the transfer, Kaiteretere is declared a reserve and classified as a recreation reserve for the purposes of section 17 of the Reserves Act 1977, and is subject to— a this Act; and b the Reserves Act 1977 (subject to this Act and as modified by section 102 ); and c the relationship agreement between the trustees and the Kaiteriteri Mountain Bike Club Incorporated (the Club ), if the trustees and the Club agree ( see section 64 ); and d the kawenata. 59 Administration of Kaiteretere On and after the transfer date, the trustees or their nominee are the administering body of Kaiteretere under the Reserves Act 1977. The trustees may appoint a committee or other body to be the administering body of Kaiteretere. While Kaiteretere remains a reserve, any revenue derived from it must be paid to the trustees or their nominee to be expended on the reserve or on other reserves or land in the vicinity of Kaiteretere that the trustees own or administer, or otherwise, as the trustees see fit. On and from the transfer date, the trustees are successors to the Crown and the Kaiteriteri Recreation Reserve Board as grantor or grantee, as the case may be, of any concessions, agreements, or other arrangements (that are third-party rights) relating to Kaiteretere (but they have no liability for acts and omissions that occurred before the transfer date). On, or at any time after, the transfer date, the trustees may establish a company, partnership, or other entity or structure (a commercial entity ) to conduct the campground, shops, and other commercial and operational activities ( commercial activities ) on Kaiteretere. 60 Assets and liabilities of Kaiteriteri Recreation Reserve Board On and after the transfer date,— a the assets (including all improvements, chattels and equipment and any other property of any kind) and liabilities of the Kaiteriteri Recreation Reserve Board (the reserve board ), to the extent that they relate to Kaiteretere, transfer to the commercial entity; and b contracts and other legal arrangements of the reserve board— i transfer to the commercial entity; and ii are binding on, and legally enforceable against, by, or in favour of, the commercial entity. Any liability for acts and omissions of the reserve board occurring before the transfer date does not transfer to the commercial entity. The assets and liabilities referred to in subsection (1)(a) exclude assets and other property on the Kaiteretere foreshore reserve. Subsection (1)(b) applies as if the contracts or other arrangements had been entered into by, made with, given to or by, or addressed to, the commercial entity. 61 Employees On and after the transfer date, each employee of the reserve board ceases to be that board’s employee and becomes an employee of the commercial entity (a transferred employee ), subject to the following terms: a the employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those that applied to that person’s employment immediately before the transfer date; and b for the purposes of any legislation, determination, contract, or agreement relating to the employment of a transferred employee, the transfer referred to in paragraph (a) does not, of itself, break the employment of that person and the period of employment by the reserve board is to be treated as a period of employment with the commercial entity; but c a transferred employee is not entitled to any payment or other benefit solely on the ground that— i the position held by the employee with the reserve board has ceased to exist; or ii the employee has ceased to be an employee of the reserve board as a result of being a transferred employee. 62 Rights and obligations of commercial entity A commercial entity, when it is carrying out commercial activities on Kaiteretere, and while Kaiteretere remains a reserve under the Reserves Act 1977, has the same rights and obligations under the Reserves Act 1977 as if it were the administering body of Kaiteretere. The commercial entity does not require authorisation under the Reserves Act 1977 to undertake the following: a activities that are the same as or similar to those carried out by the reserve board before the transfer date; and b any new commercial activities, as long as they enable members of the public to enjoy and benefit from Kaiteretere, or are activities carried out for the convenience of persons using Kaiteretere. 63 Kaiteretere foreshore reserve On and after the transfer date, the trustees are the administering body of the Kaiteretere foreshore reserve ( foreshore reserve ), as if the foreshore reserve were vested in the trustees under section 26 of the Reserves Act 1977. If the trustees decide to revoke the reserve status of Kaiteretere, that decision will not apply to the foreshore reserve, which remains a reserve under the Reserves Act 1977, with the trustees or their nominee continuing to be the administering body of the foreshore reserve for as long as they are prepared to undertake that role. However, if the trustees relinquish the role of administering body of the foreshore reserve, the Department is to be the administering body of the reserve. Any revenue derived from the foreshore reserve must be paid to the trustees or their nominee,— a who may expend it on the foreshore reserve, Kaiteretere, or other reserves or land in the vicinity of Kaiteretere that the trustees administer or own, as long as the funds are used to provide a public benefit; but b if the trustees or their nominee relinquish the role of administering body of the foreshore reserve, on and from the date that they relinquish the role, the revenue derived from the foreshore reserve must be held and applied in accordance with Part 4 of the Reserves Act 1977. 64 Kaiteriteri Mountain Bike Club Inc If the Kaiteriteri Mountain Bike Club Incorporated (the Club ) agrees, the trustees intend to enter into a relationship agreement with the Club— a in relation to the Club operating the mountain bike area within the Kaiteretere Recreation Reserve; and b to reflect the relevant provisions of this Act. 65 Te Waikoropupū This section applies to Te Waikoropupū (being Te Waikoropupū Scenic Reserve) transferred to the trustees under section 103 . Immediately before the transfer of Te Waikoropupū, the reservation of Te Waikoropupū as a scenic reserve subject to the Reserves Act 1977 is revoked. Immediately after the transfer, Te Waikoropupū is declared a reserve and classified as a scenic reserve for the purposes of section 19(1)(a) of the Reserves Act 1977, subject to— a this Act; and b the Reserves Act 1977 (subject to this Act and as modified by section 102 ); and c the kawenata. 66 Administration of Te Waikoropupū On and after the transfer date, the Department must administer Te Waikoropupū while it remains a reserve under the Reserves Act 1977. However, the trustees must give the Department at least 3 months’ notice in writing if they elect that they or their nominee, on a specified date, will take over the administration of Te Waikoropupū under the Reserves Act 1977. Nothing in the Reserves Act 1977, , or other instrument made under that Act prevents the trustees from authorising Ngā Uri to access Te Waikoropupū for customary purposes. The trustees must authorise those customary activities and confirm to the Department that those authorisations have been granted. 67 Water conservation order not affected by transfer Despite anything in sections 65 and 66 , the Te Puna Waiora o Te Waikoropupū Springs and Wharepapa Arthur Marble Aquifer Water Conservation Order 2023 continues to apply in accordance with its terms. 68 Milnthorpe This section applies to Milnthorpe (being part of Milnthorpe Park Scenic Reserve) transferred to the trustees under section 103 . Immediately before the transfer of Milnthorpe, the reservation of Milnthorpe as a scenic reserve subject to the Reserves Act 1977 is revoked. Immediately after the transfer, Milnthorpe is declared a reserve and classified as a scenic reserve for the purposes of section 19(1)(a) of the Reserves Act 1977, subject to— a this Act; and b the Reserves Act 1977 (subject to this Act and as modified by section 102 ); and c a relationship agreement between the trustees and the Milnthorpe Park Society Incorporated (the Society ) if the trustees and the Society agree ( see section 69(3) ); and d the kawenata. 69 Administration of Milnthorpe Immediately before the transfer of Milnthorpe, the appointment of the Society to control and manage Milnthorpe is revoked. On and after the transfer date, the Society is the administering body of Milnthorpe under the Reserves Act 1977, as if appointed to control and manage that reserve under that Act while— a Milnthorpe retains its reserve status; and b the Society agrees to undertake the administration of Milnthorpe in accordance with any relationship agreement with, or directions from, the trustees. If the Society agrees, the trustees intend to enter into a relationship agreement with the Society in relation to the administration of Milnthorpe to reflect the relevant provisions of this Act. The trustees must give the Society at least 3 months’ notice in writing if the trustees elect that they or their nominee will, on a specified date, take over the administration of Milnthorpe under the Reserves Act 1977. The Society must comply with any directions from the trustees that are consistent with this Act and the Reserves Act 1977 (subject to this Act as modified by section 102 ) in relation to administering Milnthorpe. If the Society at any time wishes to relinquish the role of administering body of Milnthorpe, the trustees or their nominee must take over the administration of Milnthorpe. 70 Te Taero a Kereopa This section applies to the 3 properties comprising Te Taero a Kereopa, each of which is transferred to the trustees under section 103 . Immediately before the transfer of the properties, the reservation of the properties as reserves, subject to the Reserves Act 1977, is revoked. Immediately after the transfer,— a Te Taero a Kereopa A is declared a reserve and classified as a scenic reserve for the purposes of section 19(1)(a) of the Reserves Act 1977; and b Te Taero a Kereopa B is declared a reserve and classified as a recreation reserve for the purposes of section 17 of the Reserves Act 1977; and c Te Taero a Kereopa C is declared a reserve and classified as a local purpose reserve for harbour improvement for the purposes of section 23 of the Reserves Act 1977. Each of the reserves referred to in subsection (3) is subject to— a this Act; and b the Reserves Act 1977 (subject to this Act and as modified by section 102 ); and c the kawenata. 71 Administration of Te Taero a Kereopa On and after the transfer date, the Department must administer Te Taero a Kereopa for as long as each of the reserves remains a reserve subject to the Reserves Act 1977. However, the trustees must give the Department at least 3 months’ notice in writing if they elect that they or their nominee will, on a specified date, take over the administration under the Reserves Act 1977 of a reserve named in this section. 72 Transfer of other reserve land This section applies to other Te Here ā Nuku reserve land that is transferred to the trustees under section 103 . Immediately before the transfer of a property, the reservation of the property as a reserve subject to the Reserves Act 1977 is revoked. Immediately after the transfer of the property, that property is declared a reserve under the Reserves Act 1977 and classified under that Act for the purposes specified for that property in the third column of subpart B of Part 2 of Schedule 1 of the Resolution Agreement, and subject to— a this Act; and b the Reserves Act 1977 (subject to this Act and as modified by section 102 ); and c in the case of an other entity,— i any relationship agreement entered into by the trustees and that other entity: ii any directions from the trustees that are consistent with this Act and the Reserves Act 1977 (subject to this Act and as modified by section 102 ); and d the kawenata. 73 Kaka Point On and after the transfer date, the trustees or their nominee are the administering body of Kaka Point (being Kaka Point Historic Reserve) under the Reserves Act 1977. 74 Administration of other Te Here ā Nuku reserve land While the other Te Here ā Nuku reserve land that was administered by the Department or other entity immediately before the transfer date remains a reserve under the Reserves Act 1977, the Department or other entity must, on and after the transfer date, administer that other reserve land under the Reserves Act 1977 (subject to this Act and as modified by section 102 ). However, the trustees must give the Department or other entity at least 3 months’ notice in writing if the trustees elect that they or their nominee will, on a specified date, take over the administration of that other reserve land under the Reserves Act 1977. 75 Application of this subpart The provisions of this subpart apply to all reserves transferred to the trustees under section 103 , unless— a otherwise expressly provided by this Act; or b expressly modified in relation to a particular reserve. 76 Appointments to control and manage Immediately before the transfer date, any current appointments to control and manage Te Here ā Nuku reserve land cease to apply. On the transfer date, an other entity holding an appointment to control and manage any Te Here ā Nuku reserve land immediately before that date is appointed to control and manage the same Te Here ā Nuku reserve land, subject to—. a this Act; and b the Reserves Act 1977 (subject to this Act and as modified by section 102 ); and c any relationship agreement with, or directions from, the trustees. Section 74 applies to appointments under this section. Subsection (2) does not apply if the trustees elect that they or their nominee take over the administration of a reserve under section 74(2) . Subsection (2) does not apply to Kaiteretere or Kaka Point, both of which are to be administered by the trustees in accordance with section 59 or 73 respectively. 77 Other requirements for administering reserves In addition to the other requirements for administering Te Here ā Nuku reserve land under this Act, the Department and other entities must administer and care for every reserve that they are responsible for in a prudent and responsible manner. 78 Role of commercial entity on other Te Here ā Nuku reserve land In the case of Te Here ā Nuku reserve land administered by the trustees (or their nominee), the trustees may do 1 or both of the following: a appoint a commercial entity to be the administering body ( see section 59(5) ): b appoint the commercial entity to undertake commercial activities that may be undertaken or authorised on a reserve of the same classification. 79 Trustees may revoke, reclassify, or change administering body In relation to Te Here ā Nuku reserve land, the trustees may, in accordance with this Act, give notice in the Gazette — a to revoke the reserve status of the whole or part of that land: b after discussing the matter with the Department, to reclassify the reserve status of that land (in whole or in part) to an appropriate reserve classification: c to change the administering body of that land. A decision made under subsection (1) is at the sole discretion of the trustees, who are not required— a to give reasons for, or justify, the decision; or b to comply with any statutory process for revoking the reserve status, reclassifying the reserve, or changing the administrating body, including the requirements of sections 24 and 25 (except section 25(2)) of the Reserves Act 1977. The trustees and the Department or other entity must agree to include in the kawenata or in any relationship agreement a process for discussing any matters relating to the partial revocation of a reserve. If the trustees or their nominee become the administering body in accordance with this Act, the trustees or their nominee must assume the role of grantor or grantee on and from the date that a power under this section is exercised, but without bearing any liability for acts or omissions done before that date in relation to a relevant concession, agreement, or other arrangement. If the reserve status of any Te Here ā Nuku reserve land is revoked under subsection (1) , existing concessions, agreements, or other legal arrangements continue to have effect (with the necessary modifications) until the end of their term or earlier termination. Subsections (4) and (5) apply if there are current concessions, agreements, or other arrangements (that are third-party rights) relating to Te Here ā Nuku reserve land for which the trustees propose to exercise a power under this section to revoke the reserve status or change the administering body (so that the trustees or their nominee becomes the administering body). 80 Timing for giving notices In relation to Kaiteretere and Tōtaranui, the trustees must not give notice in relation to revoking the reserve status of those reserves earlier than 2 years after the transfer date (but this limitation does not apply to reclassifying a reserve or changing an administering body). For the remainder of Te Here ā Nuku reserve land, notice may be given to revoke the reserve status at any time after the transfer date, in accordance with this Act. In relation to a proposed revocation of the reserve status of any of the reserves listed in section 81 , the trustees must— a give the Minister at least 3 months’ advance notice of their intention to revoke the reserve status of 1 or more of the relevant reserves; and b request the Minister to provide them with the Minister’s views on their proposal. In relation to Te Here ā Nuku reserve land (other than the reserves listed in section 81 ), the trustees must— a give the Department or other entity at least 3 months’ advance notice in writing if they intend to revoke the reserve status of any of those reserves; and b discuss the intent of the proposal and any transitional issues that may arise in the course of the revocation process with the Department. Notices reclassifying or changing administering body The trustees must— a give the Department or other entity at least 3 months’ advance notice in writing of a proposal to change the administering body of Te Here ā Nuku reserve land in accordance with this Act; and b discuss the proposal with the Department or other entity before making a decision to reclassify any Te Here ā Nuku reserve land in accordance with this Act. 81 Proposals to revoke reserve status of certain reserves This section applies if the trustees seek to revoke the reserve status of any of the following reserves: a Council Caves Scenic Reserve: b Grove Scenic Reserve: c Hanson Winter Scenic Reserve: d Paines Ford Scenic Reserve: e Washbourne Scenic Reserve: f Te Taero a Kereopa: g Te Waikoropupū. In relation to the reserves listed in subsection (1) , the trustees must— a give notice to the Minister in accordance with section 80(3) ; and b in making a decision on whether to revoke reserve status, have regard to— i the views expressed by the Minister; and ii the particular conservation and other values of the relevant reserves; and iii how those values will be recognised or protected after their reserve status is revoked. The reserves listed in— a subsection (1)(a) to (e) are described in subpart B of Part 2 of Schedule 1 of the Resolution Agreement; and b subsection (1)(f) and (g) are described in subpart A of Part 2 of Schedule 1 of the Resolution Agreement. 82 Appointment of rangers At any time after the transfer date, the trustees may, under section 8(9) of the Reserves Act 1977, appoint members of Ngā Uri to be rangers on Te Here ā Nuku reserve land that is administered by the trustees. The kawenata must include provisions relating to the appointment of members of Ngā Uri to be rangers over Te Here ā Nuku reserve land and other land administered by the Department. See section 102(b) for further provisions relating to the appointment of members of Ngā Uri as rangers on Te Here ā Nuku reserve land administered by the Department. 83 Directions to other entity If the trustees elect to issue directions under this Act to an other entity acting as an administering body of Te Here ā Nuku reserve land, the directions— a may be issued at any time; but b must be consistent with— i this Act; and ii the Reserves Act 1977 (subject to this Act and as modified by section 102 ). 84 Decision-making by trustees This section applies— a if the Minister or Department has decision-making functions under the Reserves Act 1977 in relation to Te Here ā Nuku reserve land; but b only as long as the reserve land is not a reserve administered by the Department. Unless otherwise expressly provided by this Act, those decision-making functions must be exercised by the trustees rather than by the Minister or Department. However, subsection (2) does not— a apply if the trustees decide that the Minister or Department is to retain those decision-making functions; or b affect the 2013 delegations to territorial authorities under the Reserves Act 1977, which may continue to be exercised subject to this Act and until they are revoked by the trustees. 85 Names of reserves to continue Unless otherwise expressly provided for by this Act, the name applying to Te Here ā Nuku reserve land immediately before the transfer date continues to apply to that land after the transfer, unless the trustees change the name by giving notice of the change in the Gazette in accordance with the process set out in section 16(10) of the Reserves Act 1977. If the trustees give notice under subsection (1) , the requirement in section 16(10A) of the Reserves Act 1977 does not apply. 86 Trustees may create exclusive reserve areas for Ngā Uri purposes If the trustees elect to set aside discrete areas of Te Here ā Nuku reserve land for the exclusive use of the trustees or Ngā Uri (the exclusive reserve areas ), they must give notice of the proposal to the Department or other entity. The trustees may authorise activities within the exclusive reserve areas for use by Ngā Uri, such as customary activities or the construction of buildings or other facilities for the use and benefit of Ngā Uri. The kawenata, or a relationship agreement with an other entity, must provide a process to deal with the continuing administration by the Department or other entity over the exclusive reserve areas and over the wider Te Here ā Nuku reserve land. This section does not— a have the effect of the trustees or Ngā Uri assuming the role of an administering body; or b require the trustees or Ngā Uri to comply with the Reserves Act 1977 when authorising or undertaking activities that are provided for under subsection (2) . Before giving notice under subsection (1) , the trustees must enter into discussions with the Department or other entity in relation to the proposed exclusive reserve areas and activities that are proposed to be authorised under subsection (2) . This section is subject to section 56(4) and the process set out in the kawenata. 87 Continuing application of current management plans and Any current management plan or Reserves Act bylaw that applied to a Te Here ā Nuku reserve on the transfer date continues to apply while the land continues to have reserve status, subject to— a this Act; and b any modification to the application of the management plan or as necessary to give effect to this Act; and c the kawenata; and d in the case of an other entity, any relationship agreement with, or directions from the trustees to the other entity. The trustees may (but are not required to) amend, prepare or approve a new management plan or under the Reserves Act 1977 in relation to any Te Here ā Nuku reserve land. Any new or amended management plan or that are proposed to apply to Te Here ā Nuku reserve land may be prepared or approved, but only with the agreement of the trustees. 88 Concessions and other authorisations relating to Te Here ā Nuku reserve land Despite the status of Te Here ā Nuku reserve land as private land, the Minister, Director-General, or other entity continues to be responsible for granting the following concessions and other authorisations in relation to Te Here ā Nuku reserve land: a concessions under the following Acts, as far as applicable: i the Reserves Act 1977 as modified by this Act; and ii Part 3B of the Conservation Act 1987; and b other authorisations under any other conservation legislation. The Minister, Director-General, Department, or other entity retain their functions and powers under the Reserves Act 1977 and Part 3B of the Conservation Act 1987 or other conservation legislation in relation to applications for concessions or other authorisations. 89 Trustees may declare and classify trust land as reserve The trustees may, by notice in the Gazette ,— a declare any trust land (including any land to which section 103 applies) to be a reserve under the Reserves Act 1977; and b classify the reserve status of that land (in whole or in part) to an appropriate reserve classification. The trustees are not required to comply with any of the requirements of the Reserves Act 1977 when they use the powers set out in subsection (1) . The trustees (or their nominee) are to be the administering body under the Reserves Act 1977 of a reserve declared under this section. A reserve that is declared and classified under subsection (1) is Te Here ā Nuku reserve land for the purposes of this Act, subject to—. a this Act; and b the Reserves Act 1977 (subject to this Act and as modified by section 102 ). The provisions of this Act that apply to Te Here ā Nuku reserve land (including in relation to the revocation or reclassification of a reserve) apply to a reserve declared or classified under subsection (1) . 90 Modification of certain legislation The legislation referred to in this section, to the extent that it is relevant to concessions and other authorisations on Te Here ā Nuku reserve land, is modified as follows: a the Minister, Director-General, or other entity may grant concessions or other authorisations, but only with the prior written agreement of the trustees: b applications for concessions and other authorisations may be granted over Te Here ā Nuku reserve land under the following legislation, but only with the prior written agreement of the trustees: i the Fast-track Approvals Act 2024: ii any other relevant legislation: c the trustees must have roles in the processes relating to concessions or other authorisations, as provided for in the kawenata or in any relationship agreement: d the trustees and the Department or other entity must work together to ensure that the kawenata or any relationship agreement sets out a clear and straightforward process for applicants seeking a concession or other authorisation: e current concessions or authorisations that apply to Te Here ā Nuku reserve land (and are third-party rights)— i continue until the end of their term; but ii must not be amended, varied, or extended without the prior written agreement of the trustees: f the trustees must be involved, as appropriate, in managing the current concessions and authorisations, as provided for in the kawenata: g the parties to current concessions or authorisations continue to be the Minister, Director-General or other entity, and the concessionaire or holder of an authorisation. 91 Te Here ā Nuku reserve land is private land Te Here ā Nuku reserve land is private land owned by the trustees on behalf of Ngā Uri. The trustees and Ngā Uri must have access to, and be able to use, Te Here ā Nuku reserve land for their own purposes. Subsection (1) applies despite any statutory provision, management plan or . 92 Use of Te Here ā Nuku reserve land by trustees and Ngā Uri The use of Te Here ā Nuku reserve land by the trustees or Ngā Uri must not unreasonably interfere with the administration of the reserve land and must be sensitive to the nature of the environment in which the activities are proposed to occur (including for conservation and public access activities). Before the trustees or Ngā Uri may undertake activities on Te Here ā Nuku reserve land, the trustees must authorise in writing the activities that may be undertaken on that reserve land. Authorisations granted under subsection (2) must be made available to the Department or other entity on reasonable request. However, authorisation is not required if Ngā Uri use or have access to Te Here ā Nuku reserve land in the same way members of the general public have a right to use or access that land. The kawenata or a relationship agreement must also provide for the matters included in this section. As long as the matters set out in subsections (1) to (5) are complied with, use of Te Here ā Nuku reserve land by the trustees or Ngā Uri is not prevented by anything in— a the Reserves Act 1977; or b the management plan for the relevant reserve; or c Reserves Act or any new or amended made for the relevant reserve. 93 Interpretation In this section and section 94 , gifted land means the following sites: a Aranui Park Scenic Reserve: b Boundary Bay Scenic Reserve: c Hanson Winter Scenic Reserve: d Kaka Point Historical Reserve: e WF Moss Scenic Reserve: f Part Snowden’s Bush Scenic Reserve: g Wall Street Kaiteriteri Scenic Reserve: h Washbourne Scenic Reserve: i Parts Kaiteriteri Recreation Reserve. The sites listed in subsection (1)(a) to (h) are described in subpart B of Part 2 of Schedule 1 of the Resolution Agreement, and the site referred to in subsection (1)(i) is described as Kaiteretere in subpart A of Part 2 of Schedule 1 of the Resolution Agreement. 94 Trustees’ obligations in respect of gifted land If the trustees exercise the power under section 79 to revoke, in part or in whole, the reserve status of any gifted land, the trustees must have regard to the original purpose of the gift, to the extent that the purpose of the gift can be ascertained. 95 Operational management of reserves Operational management of Te Here ā Nuku reserve land may be undertaken by the Department or an other entity, but only with the written agreement of the trustees, whether that is given in general terms or in relation to a specific reserve. The operational management of Te Here ā Nuku reserve land must be undertaken in accordance with— a this Act; and b the kawenata; and c an annual operational plan or process set out— i in the kawenata; or ii in any relationship agreement with an other entity; or iii in any directions from the trustees to an other entity. No later than 3 months before the start of each operational year, the trustees and the Department must meet to develop and agree the annual operational plan for the activities on reserves administered by the Department on Te Here ā Nuku reserve land (the annual reserves operational plan ). The annual reserves operational plan must— a set out in detail for the coming operational year the Department’s proposed operational activities and asset planning for the reserves that the Department administers; and b identify any asset planning or maintenance that is required or proposed as well as any matters of concern in relation to any particular reserves; and c provide an opportunity for the Department and the trustees to discuss and agree their proposed approach to the operational management of the relevant reserves for the following year. The Department or other entity undertaking operational management in relation to Te Here ā Nuku reserve land must maintain decision-making over its own budgets and funding allocation. To avoid doubt, the trustees and the Department may agree a shorter or longer period of time than a year for an operational cycle. 96 Ownership and maintenance of improvements The Department or other entity must maintain the improvements on Te Here ā Nuku reserve land— a to a reasonable and an appropriate standard that is consistent with the standard to which the Department maintains the improvements on other reserves that it administers in the area; and b in the case of the Department, in accordance with this Act, the kawenata, and the annual reserves operational plan; and c in the case of an other entity, in accordance with this Act and any relationship agreement with, or directions from, the trustees to the other entity. The Department or other entity may, at its discretion, repair or replace improvements of a like nature in the same location, after discussing the matter with the trustees, as provided for in the kawenata or any relationship agreement. The kawenata or a relationship agreement must include provisions as to— a how the trustees and the Department or other entity must interact in relation to the improvements; and b how to approach managing aging improvements. 97 Retirement of improvements The Department or other entity may notify the trustees that it no longer intends to use a particular improvement. The Department or other entity must secure the agreement of the trustees (which must not be unreasonably withheld) to retire the identified improvement. The trustees may require that— a the improvement be in a state that complies with the standard referred in section 96(1)(a) before it is retired; and b the Department or other entity complies with the process set out in section 99(2) and (3) . When an improvement is retired in accordance with this section, the Department or other entity is no longer required to maintain the improvement to the standard referred to in section 96(1)(a) . The Department or other entity must obtain the agreement of the trustees before dealing with improvements,— a other than in the circumstances described in subsections (2) to (4) ; or b if the improvements are not within the scope of section 96(1) or (2) . 98 Department or other entity retains liability in relation to Te Here ā Nuku reserve land The Department or other entity retains liability for the following matters relating to Te Here ā Nuku reserve land that the Department or other entity administers or that arose while the Department or other entity administered that land: a liabilities associated with members of the public having access to that reserve land: b health and safety matters related to the role of the Department or other entity in relation to that reserve land: c the actions of the Department or other entity, its contractors, invitees, and members of the public on that reserve land: d contamination that occurred before the transfer date or was caused by the Department or other entity: e fire that starts within that reserve land or other public conservation land and was caused by the Department, other entity, or a member of the public: f other liabilities that would ordinarily be incurred by the Department or other entity as the administering body of that reserve land. Despite subsection (1) , the Department or other entity is not responsible for liabilities that arise from the use of Te Here ā Nuku reserve land by the trustees, their agents, contractors, or invitees, or by Ngā Uri (to the extent that their use was authorised by the trustees), unless their use was the same or of a similar nature to the lawful and reasonable use of a reserve by the general public. 99 Obligations in event of revocation, etc This section applies in the following circumstances: a the reserve status of a reserve is revoked: b the administration of a reserve is transferred to the trustees or a new entity: c an improvement or other asset is retired in accordance with section 97 . If the trustees so require, the Department or other entity, within a reasonable period of time, must remove, enclose, or otherwise manage improvements to the reasonable satisfaction of the trustees that the Department or other entity agrees are a health and safety risk or create an environmental liability. If the trustees and Department or other entity agree that the improvement must be removed, enclosed, or otherwise managed, the Department or other entity— a must make good any damage caused to Te Here ā Nuku reserve land after that operation; but b is not obliged to reinstate the land, other than to leave it in a clean and tidy condition. 100 Department and other entity to report to trustees Not later than 3 months after the end of an operational year, the Department or other entity must provide an annual report to the trustees for the reserves that the Department or other entity has administered. The report must set out the following: a the activities undertaken by the Department or other entity on Te Here ā Nuku reserve land administered by the Department or other entity; and b how the relevant matters required under this Act, the kawenata, any directions from the trustees to an other entity, or a relationship agreement with an other entity have been achieved or complied with in the relevant year; and c any issues that have arisen and how they have, or are planned to be, resolved; and d any other matters relevant to this Act, the kawenata, direction from the trustees to an other entity, or any relationship agreement with an other entity. 101 Revenue derived from Te Here ā Nuku reserve land While the Department is managing a reserve on Te Here ā Nuku reserve land, any revenue derived from that reserve must be used in the management of that reserve or other reserves on Te Here ā Nuku reserve land. If an other entity is administering a reserve on Te Here ā Nuku reserve land, any revenue derived from that reserve must be used in the management of that reserve or of other reserves on Te Here ā Nuku reserve land. If the trustees, their nominee, or the commercial entity take on the role of administering a reserve on Te Here ā Nuku reserve land, any revenue derived from that reserve must be paid to the trustees to expend on that reserve, on land owned or administered by the trustees in the vicinity of that reserve, on Te Here ā Nuku reserve land, or for any other purpose. 102 Modification of certain provisions of Reserves Act 1977 The application of the following provisions of the Reserves Act 1977 to reserves transferred under Part 5 is modified in the manner, and to the effect, provided for in specific provisions in this Act as follows: Purpose of this Act a section 3 of the Reserves Act 1977 includes acknowledging and upholding the status of Te Here ā Nuku reserve land as private land, as provided for by this Act, and the use of that land for reserve purposes, as set out in this Act: Rangers b the power conferred by, and requirements prescribed in, section 8 of the Reserves Act 1977 must be read as applying to Te Here ā Nuku reserve land, including the power for the Minister to appoint members of Ngā Uri as honorary rangers over Te Here ā Nuku reserve land, using the process set out in the kawenata: Committees c the power conferred by section 9 of the Reserves Act 1977 may be exercised in relation to Te Here ā Nuku reserve land, but only with the prior written agreement of the trustees: Delegation of Minister’s powers d the powers conferred by section 10 of the Reserves Act 1977 may be exercised in favour of the trustees in relation to Te Here ā Nuku reserve land, and the trustees may exercise the powers delegated to territorial authorities, including the delegations made in 2013 under the Reserves Act 1977 and any additional delegations made to local authorities under that Act: Minister’s powers e the powers conferred by section 12 of the Reserves Act 1977 may be exercised in relation to Te Here ā Nuku reserve land, but only with the prior written agreement of the trustees: Governor-General may declare reserve to be national reserve f the power conferred by section 13 of the Reserves Act 1977 may be exercised in relation to Te Here ā Nuku reserve land, but only with the prior written agreement of the trustees: Authorisation of exchange of reserves for other land g the powers conferred by sections 15 and 15AA of the Reserves Act 1977 may be exercised in relation to Te Here ā Nuku reserve land, but only with the prior written agreement of the trustees: General policy h a statement of general policy for reserves prepared and approved under section 15A of the Reserves Act 1977 and that applies to Te Here ā Nuku reserve land, must acknowledge this Act and must not derogate from it. A reference to general policy includes a reference to an equivalent or successor document that is provided for by any amended conservation legislation: Classification of reserves i the reserve classifications that applied to Te Here ā Nuku reserve land before the transfer date also apply after the transfer date, but the trustees may— i rename a reserve in accordance with the process set out in section 16(10) of the Reserves Act 1977; and ii reclassify a reserve in the manner set out in or under this Act: Change of classification and purpose of reserves j the trustees may reclassify reserves in accordance with the relevant provisions of this Act and, under section 24A of the Reserves Act 1977, may, by notice in the Gazette , change the purpose for which a reserve that is a local purpose reserve is classified, without complying with the processes under section 24A of the Reserves Act 1977: Effect of revocation of reserve or change of classification or purpose k section 25 of the Reserves Act 1977, other than subsection (2), does not apply to a revocation or change of classification made under this Act: Vesting of reserves l despite the fact that Te Here ā Nuku reserve land is transferred under this Act and not vested under section 26 of the Reserves Act 1977, the trustees have— i the powers of an administering body as if the reserve were vested under section 26 of the Reserves Act 1977; and ii the powers of a local authority under the Reserves Act 1977, which apply as if that reserve were vested in a local authority: Control and management of reserves m sections 28 to 39B of the Reserves Act 1977 do not apply to Te Here ā Nuku reserve land: Functions of administering body n section 40 of the Reserves Act 1977 must be read as including an obligation on the administering body to acknowledge and uphold— i the status of Te Here ā Nuku reserve land as private land, as provided for under this Act; and ii the use of that land for reserve purposes, as set out in this Act: Conservation management strategies o a conservation management strategy applying under section 40A of the Reserves Act 1977 to Te Here ā Nuku reserve land, and a reference to an equivalent or successor strategy that is provided through any amended or replacement conservation legislation, is subject to the relevant provisions of this Act: Conservation management plans in respect of reserves administered by Department p any management plan applying under section 40B of the Reserves Act 1977 to Te Here ā Nuku reserve land is subject to the relevant provisions of this Act, and a reference to a management plan includes a reference to any equivalent or a successor document that is provided for in or under any amended conservation legislation: Management plans q the application of a management plan under section 41 of the Reserves Act 1977 to Te Here ā Nuku reserve land is subject to the relevant provisions in this Act: General powers of Minister and of administering body r sections 42 to 64 of the Reserves Act 1977 are subject to the provisions of this Act, including the prohibition on granting concessions, rights, or other authorisations over Te Here ā Nuku reserve land without the prior written agreement of the trustees: Recreation reserves set apart for racecourse purposes, farming, and afforestation s to the extent that sections 65 to 77A of the Reserves Act 1977 are applicable under this Act, they are subject to this Act, but do not apply to the trustees in relation to Te Here ā Nuku reserve land: Financial provisions t to the extent that sections 78 to 85A of the Reserves Act 1977 are applicable under this Act, they are subject to this Act but do not apply to the trustees in relation to Te Here ā Nuku reserve land: Financial statements and audit u section 88 of the Reserves Act 1977 does not apply to the trustees in relation to Te Here ā Nuku reserve land: Offences v sections 93 to 105 of the Reserves Act 1977 do not apply to, or restrict the use of Te Here ā Nuku reserve land by the trustees or Ngā Uri, as long as the use is for activities referred to, and authorised by, the trustees under sections 86 or 92 : Infringement offences w sections 105A to 105O of the Reserves Act 1977 do not apply to, or restrict the use of, Te Here ā Nuku reserve land by the trustees or Ngā Uri, as long as the use is for activities referred to in, and authorised under, section 86 or 92 : x the application of made under sections 106 to 108 of the Reserves Act 1977 to Te Here ā Nuku reserve land is subject to the relevant provisions of this Act: Mining y section 109 of the Reserves Act 1977 does not permit mining on reserves on Te Here ā Nuku reserve land without the prior written agreement of the trustees. 103 Transfer of legal title To give effect to the recognition of the trust by this Act and the Resolution Agreement, and to reflect the equitable ownership of the trust since 1845, the Crown (acting by and through the authorised person) is authorised to— a transfer the fee simple estate in a transfer property to the trustees; and b sign a transfer instrument or other document, or do anything else as necessary to effect the transfer. The Crown must transfer the fee simple estate in a property described in Schedule 1 of the Resolution Agreement to the trustees no later than 40 working days after the commencement date, unless otherwise agreed in writing by— a no fewer than 2 trustees, 1 of whom must be the chairperson; and b the authorised person. In this section and sections 107, 116, and 118 , authorised person means a person authorised by the Solicitor-General. 104 Matters to be specified in transfer instrument The transfer instrument required under section 103(1)(b) for each transfer property must specify the following matters: a that Part 4A of the Conservation Act 1987 does not apply to the property and must not be noted on the record of title; and b that section 11 of the Crown Minerals Act 1991 does not apply to the property and must not be noted on the record of title; and c that if there is an RFR memorial noted on any record of title, it must be removed; and d any other matters to be noted on the record of title for a property, for example,— i that the relevant land is subject to the Te Here ā Nuku (Nelson Tenths) Act 2026 : ii that the land is held for the purposes of a national park subject to the National Parks Act 1980: iii that the land is held for the purposes of a scenic reserve subject to the Reserves Act 1977. The Registrar-General must, when registering the transfer of the land, record on, or remove from, any record of title for the land the relevant matters specified in the transfer instrument. In this section, RFR memorial has the meaning given in section 113(5) . 105 Reserves Act ceases to apply to certain properties This section applies to the following that are transferred to the trustees under section 103 : a a property described in subpart A of Part 3 of Schedule 1 of the Resolution Agreement ; and b future trust land that is a reserve subject to the Reserves Act 1977. Immediately before the transfer of the property, the reservation of the property as a reserve subject to the Reserves Act 1977 is revoked. 106 Certain properties cease to be conservation areas This section applies to the following that are transferred to the trustees under section 103 : a a property described in subpart B of Part 3 of Schedule 1 of the Resolution Agreement and; and b future trust land that is a conservation area under the Conservation Act 1987. Immediately before the transfer, the property ceases to be— a a conservation area under the Conservation Act 1987; and b in the case of the Conservation Park–Onekaka River, part of that park. In this section, Conservation Park–Onekaka River means the property described by that name in subpart B of Part 3 of Schedule 1 of the Resolution Agreement. 107 Records of title for transfer properties This section applies to each transfer property that is to be transferred to the trustees under section 103 . However, this section applies only to the extent that— a the property is not all of the land that is contained in a record of title for a fee simple estate; or b there is no record of title for the fee simple estate in all or part of the property. However, the trustees may, by written notice to the authorised person, request that subsection (2) not apply to any of the following properties: a Central Takaka School: b Clifton Terrace School: c Hope School: d Kaiteretere: e Marahau Outdoor Education Centre: f Parklands School: g Part Auckland Point School: h Victory Primary School. The Registrar-General, in accordance with a written application by an authorised person, must— a create a record of title for the fee simple estate in the property in the name of the Crown; and b record on the record of title any interests that are registered, noted, or to be noted and that are described in the application; but c omit any statement of purpose. Subsection (4) is subject to the property being adequately defined to support the creation of a record of title. In subsection (5) , a property is adequately defined if— a the property is shown on an approved survey plan with a unique appellation and area; and b the plan complies with the Cadastral Survey Act 2002 or any former enactment in force when the plan was prepared. In this section,— a each of the properties named in subsection (3)(a) to (c) and (e) to (h) is the property described under that name in subpart D of Part 3 of Schedule 1 of the Resolution Agreement; and b Kaiteretere means the property described by that name in subpart A of Part 2 of Schedule 1 of the Resolution Agreement. 108 Registration if Minister of Conservation is grantor or grantee This section applies to the following land while the Crown administers that land: a Te Here ā Nuku national park land: b Te Here ā Nuku reserve land. Any interest in that land must be dealt with for the purposes of registration as if the Crown were the registered owner of the land. However, subsection (2) does not affect the registration of the easement in gros referred to in section 115(4) . 109 Third-party rights to continue A transfer property transferred to the trustees under section 103 is subject to, or has the benefit of, any third-party rights and future third-party rights. Subsection (3) applies to any third-party rights and future third-party rights affecting the property immediately before the fee simple estate in the land is transferred under section 103(1) . The rights referred to in subsection (2) continue to affect the land as if the land had not been transferred, unless otherwise expressly provided by this Act as being cancelled, modified, or discontinued under this Act. 110 Application of other enactments This section applies to the transfer to the trustees of the fee simple estate in a transfer property under section 103 . The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required to fulfil the terms of the Resolution Agreement. Part 4A of the Conservation Act 1987 does not apply to the transfer. Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the transfer or to any matter incidental to, or required for the purpose of giving effect to, the transfer. Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this Act, of the reserve status of a transfer property. Section 11 of the Crown Minerals Act 1991 does not apply to the transfer. For the purposes of the Marine and Coastal Area (Takutai Moana) Act 2011, all land transferred to the trustees under section 103 must be treated as specified freehold land. In exercising the powers conferred by section 103 , the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer. Subsection (4) applies to— a land that may be excluded from Te Here ā Nuku national park land in accordance with section 28 ; and b to Te Here ā Nuku reserve land if the reserve status is revoked for part of that land in accordance with this Act. 111 Names of Crown protected areas discontinued Subsection (2) applies to a transfer property, or the part of a transfer property, that, immediately before its transfer under section 103 , was all or part of a Crown protected area. The official geographic name of the Crown protected area is discontinued in respect of the property, or part of the property, and the Board must amend the Gazetteer accordingly. In this section, Board , Crown protected area , Gazetteer , and official geographic name have the meanings given in section 4 of the NZGB Act. 112 Certain properties not Crown protected areas Te Here ā Nuku national park land and Te Here ā Nuku reserve land are not Crown protected areas under the NZGB Act, despite anything in that Act. 113 Transfer properties not RFR land This section applies to a transfer property that is to be transferred to the trustees under section 103 . The land is not RFR land ( see section 104(1)(c) and (2) ). This section applies despite any provision in a Te Tau Ihu Treaty Settlement Act. In this section,— RFR land has the meaning given to that term in a Te Tau Ihu Settlement Act RFR memorial means a memorial recorded on a record of title for RFR land under subpart 4 of Part 3 of a Te Tau Ihu Settlement Act Te Tau Ihu Settlement Act means any or all of the following Settlement Acts: a Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014: b Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Act 2014: c Ngati Toa Rangatira Claims Settlement Act 2014. 114 Improvements On the date that a transfer property transfers to the trustees under section 103 , all improvements in, on, or over that property are transferred to the trustees. Subsection (1) does not apply to— a chattels and equipment (other than those owned by the Kaiteriteri Recreation Reserve Board); or b improvements of a third party provided for in, or permitted by, a third- party right ( see section 109(1) ); or c improvements referred to in a Ministry of Education lease for that property. 115 Unformed road in Tōtaranui The Tōtaranui unformed road— a ceases to be road; and b is vested in the Crown as Crown land subject to the Land Act 1948. As soon as is reasonably practicable after the land becomes Crown land, the land must be transferred to the trustees under section 103 . Immediately after the transfer under subsection (2) , the Tōtaranui unformed road is— a declared a reserve and classified as a recreation reserve for the purposes of section 17 of the Reserves Act 1977; and b for the purposes of this Act, becomes part of Tōtaranui and the reserve referred to in section 54(3) . Subsections (1) to (3) do not take effect until the trustees have provided the Crown with a registrable easement in gross within Tōtaranui. Despite the provisions of this Act and the Reserves Act 1977 (as modified by this Act), the easement— a is enforceable on its terms; and b is to be treated as if it were granted in accordance with the Reserves Act 1977. Section 11 and Part 10 of the Resource Management Act 1991 do not apply so as to give effect to the vesting referred to in subsection (1)(b) . In this section,— Tōtaranui means the property described under that name in subpart A of Part 2 of Schedule 1 of the Resolution Agreement Tōtaranui unformed road means the unformed road within the property described as Tōtoranui and subject to survey. 116 Transfer of other unformed roads This section applies to any land within a property transferred to the trustees under this Act and that comprises any unformed legal road (the unformed road ). An authorised person may give written notice to the relevant unitary authority (the Authority ) to require the Authority to transfer the unformed road to the Crown without consideration, and the Authority must transfer that road. The Crown must publish a notice in the Gazette declaring that any unformed road referred to in a notice given under subsection (2) has been transferred to the Crown and that it ceases to be a road and is deemed to be Crown land subject to the Land Act 1948. As soon as is reasonably practicable after the unformed road becomes Crown land, that land must be transferred to the trustees under section 103 . Section 11 and Part 10 of the Resource Management Act 1991 do not apply so as to give effect to the transfer referred to in subsection (2) . The Authority may transfer the unformed road to the Crown despite any other enactment that would otherwise regulate or apply to that transfer. 117 Transfer of national park or reserve land if trustees change This section applies to enable the fee simple estate in Te Here ā Nuku national park land or Te Here ā Nuku reserve land to be transferred if there is a change of trustees. The registered owners of land referred to in subsection (1) may transfer the fee simple estate in the land if— a the transferors are or were the trustees of the Te Here ā Nuku Trust; and b the transferees are the trustees of the same trust following the appointment of a new trustee or after a trustee’s appointment has ceased; and c the instrument of transfer is accompanied by a certificate given by the transferees or their lawyer certifying that paragraphs (a) and (b) apply. 118 Recording of change in classification If the trustees publish a notice in the Gazette declaring trust land to be a reserve or changing the classification of any Te Here ā Nuku reserve land under this Act, an authorised person or the trustees must provide the Registrar-General with a copy of the notice as soon as is reasonably practicable after the publication of that notice. When the Registrar-General receives the copy of the notice, the Registrar-General must, as soon as is reasonably practicable, record the reserve status or change of reserve classification on the relevant record of title. 119 Land ceasing to be national park land This section applies to Te Here ā Nuku national park land. If all of Te Here ā Nuku national park land ceases to be national park land, the trustees must apply in writing to the Registrar-General to remove from the record of title for the property the notations that the property is subject to, under— a the National Parks Act 1980; and b Te Here ā Nuku (Nelson Tenths) Act 2026 . If only part of Te Here ā Nuku national park land ceases to be national park land, the Registrar-General must, as soon as is reasonably practicable, ensure that the notations required under subsection (2) remain on the record of title only for the part of the property that remains Te Here ā Nuku national park land. The Registrar-General must comply with an application received in accordance with subsection (2) . 120 Land ceasing to be Te Here ā Nuku reserve land This section applies to Te Here ā Nuku reserve land. If the reservation of a property under Part 4 is revoked— a for all of the property, the trustees must apply in writing to the Registrar-General to remove from the record of title for the property the notations that the property is subject to— i the Reserves Act 1977; and ii Te Here ā Nuku (Nelson Tenths) Act 2026 . b if only part of the property ceases to be Te Here ā Nuku reserve land, the Registrar-General must, as soon as is reasonably practicable, ensure that the notations referred to in paragraph (a) remain on the record of title only for the part of the property that remains a reserve . The Registrar-General must, as soon as is reasonably practicable, comply with an application received in accordance with subsection (2)(a) . 121 Transfer of delayed release land to the Crown This section applies to any delayed release land to be transferred from the trustees to the Crown. If the land is subject to the National Parks Act 1980 or the Reserves Act 1977, the trustees may transfer that land back to the Crown despite any other enactment or rule of law. If any record of title for the property has a notation recorded on it that the within land is subject to the Te Here ā Nuku (Nelson Tenths) Act 2026 , the transfer instrument for that land must specify that the notation must be removed. When the transfer of the land is registered, the Registrar-General must remove from any record of title for the land any notation that the land is subject to the Te Here ā Nuku (Nelson Tenths) Act 2026 . In this section, delayed release land , has the meaning given in section 8(1) . 122 Application of Public Works Act 1981 This subpart applies to Te Here ā Nuku trust land that— a has been transferred to the trustees; but b has not been released from the trust. Parts 2 and 2A of the Public Works Act 1981 apply to that land only to the extent provided in this subpart. 123 Restrictions on compulsory acquisition of fee simple estate or lesser interest in trust land There can be no compulsory acquisition of trust land, except as provided for in this subpart for— a roads; or b emergency circumstances. If land is necessary for roading purposes or as a response to a national or local emergency, the fee simple estate or an interest in land less than a fee simple estate in any trust land may be acquired or taken under Part 2 or 2A of the Public Works Act 1981 for those purposes and in accordance with this subpart. If the acquisition or taking of the fee simple estate or interest in land less than a fee simple estate is for the purpose of responding to a national or local emergency, the engagement and agreement process with the trustees must be reasonable having regard to the context of the particular emergency. Subsections (2) and (3) apply only if the fee simple estate or interest in land less than a fee simple estate has not been able to be acquired by agreement with the trustees under Part 2 of the Public Works Act 1981 or otherwise. This subpart applies if the purpose of acquiring or taking trust land or an interest in trust land relates to a public work, Government work, or local work. 124 Modifications applying to certain land Despite section 123 , the fee simple estate in any trust land that is or was formerly part of Te Here ā Nuku national park land and specified reserves cannot be compulsorily acquired or taken under Part 2 or 2A of the Public Works Act 1981 for roading or emergency purposes. The fee simple estate or an interest in land less than a fee simple estate in any trust land that is or was formerly Te Here ā Nuku national park land or a specified reserve cannot be compulsorily acquired or taken under Part 2 of the Public Works Act 1981 for the purposes of a national park, a reserve, or other conservation purpose. An interest in trust land less than a fee simple estate may be compulsorily acquired or taken under Part 2 of the Public Works Act 1981, subject to the following provisions: a any lease, easement, or other interest must be for a term of less than 35 years (including renewals): b the provisions of this subpart relating to the compulsory acquisition or taking of trust land for roading purposes apply to the compulsory acquisition or taking of an interest in trust land less than a fee simple estate for roading purposes with the necessary modifications. 125 Consent of Attorney-General required before giving or serving notice The Minister for Land Information or the local authority (or any other body with the relevant powers under the Public Works Act 1981) must obtain the Attorney-General’s consent before deciding to compulsorily acquire or take a fee simple, or less than fee simple, estate in trust land. Before giving their consent, the Attorney-General must consider— a the relevant history of the land, including the litigation; and b the Resolution Agreement; and c the purposes of this Act. The Attorney-General may request all the information relating to the proposed acquisition or taking that was provided to the Minister or local authority. Before agreeing to a proposed compulsory acquisition of a fee simple estate in trust land, the Attorney-General must be satisfied that— a exceptional circumstances in the national or regional interest necessitate the acquisition of that land; and b all other options involving acquiring or taking other land have been exhausted; and c the taking of trust land is a last resort. 126 Effect of trustees disposing of trust land This subpart ceases to apply if the trustees dispose of the fee simple estate in any trust land or an interest in trust land less than a fee simple estate, unless the disposal is to a subsidiary of the trustees, a successor entity, or other entity holding land for the benefit of the beneficiaries. 127 Objections by trustees The trustees may object to a notice of intention to take trust land or acquire an interest in trust land less than a fee simple estate in accordance with Part 2 or 2A of the Public Works Act 1981, which applies for that purpose with the necessary modifications. 128 Interpretation In this subpart,— planning document includes— a any of the following under the Resource Management Act 1991: i a plan: ii a proposed plan: iii a regional policy statement: iv a proposed regional policy statement: b a change or variation to any document mentioned in paragraph (a) : c a document issued under planning legislation that has a similar purpose or effect as a document mentioned in paragraph (a) planning legislation includes the Resource Management Act 1991 or any enactment passed in substitution for that Act. 129 Process for amending existing planning documents This section applies to existing planning documents that apply to trust land. The trustees may, by notice in writing, request any relevant local authority to amend its existing planning documents to reflect that the trust land is no longer constituted as national park land or reserve land. The local authority must, without using the planning process in Schedule 1 of the Resource Management Act 1991 or other planning legislation to amend its planning documents, amend its planning documents in accordance with this section within 3 months after being given notice by the trustees, or within a longer period as may be agreed with the trustees. The local authority must— a ensure that there are no unduly restrictive planning provisions in place such as those that reflected the former national park or reserve status of the trust land; and b ensure that the planning documents applied to the trust land are appropriate for the nature of the trust land; and c in undertaking that process,— i engage with the trustees to develop those planning provisions together; and ii make those decisions in a manner that reflects both the existing planning legislation and this Act; and iii apply the least restrictive provisions that are feasible in the circumstances, reflecting both the existing planning legislation and this Act. 130 Immunity related to Crown’s breach of warranty This section relates to the Crown’s warranty to the trustees in clause 7.2 of the Resolution Agreement, which required the Crown to provide all disclosure information by 27 February 2026. The Crown failed to comply with the disclosure obligation. The trustees are immune from liability in any civil or criminal proceedings arising from the Crown’s failure to provide to the trustees all disclosure information by 27 February 2026. The immunity covers, for example, an act or omission at a property that the trustees own through transfer if that act or omission is attributable to a matter that the Crown failed to disclose by 27 February 2026. 131 Application of Local Government (Rating) Act 2002 This section applies to trust land that, before its transfer under this Act, was fully non-rateable, being land that was within the meaning of clause 1 of Part 1 of Schedule 1 of the Local Government (Rating) Act 2002 (a National Park, reserve, conservation area, wildlife management reserve, wildlife refuge, or wildlife sanctuary). Despite the status of any trust land to which this section applies being revoked or changed under this Act, that trust land is not rateable. Subsection (2) applies only if, and for as long as, there continues to be the same or a similar benefit to the general public from the land as there was before the revocation or change of status. 132 Official geographic names In this subpart, Board and official geographic name have the meanings given in section 4 of the NZGB Act. A name specified in the second column of the following table is the official geographic name of the feature or locality within the area of Te Here ā Nuku trust land that is named in the first column and described in the third column of the table. The following table is small in size and has 3 columns. Column 1 is headed Existing official geographic name. Column 2 is headed New official geographic name. Column 3 is headed Geographic feature. Existing name New official geographic name Geographic feature Kaiteriteri Kaiteretere Locality Kaiteriteri Beach Kaiteretere Beach Beach Kaiteriteri Inlet Kaiteretere Inlet Bay Little Kaiteriteri (local use) Little Kaiteretere Beach Each official geographic name is to be treated as if it were an official geographic name that takes effect on the commencement of this Act by virtue of a determination of the Board made under section 19 of the NZGB Act. 133 Publication of official geographic names The Board must, as soon as practicable after the commencement of this Act, give public notice in accordance with section 21(2) and (3) of the NZGB Act of each official geographic name that takes effect under section 132 . The notice must state that— a each name became an official geographic name on the date of commencement of this Act; and b each official geographic name may be altered only with the written consent of the trustees of Te Here ā Nuku Trust. 134 Subsequent alteration of official geographic names The official geographic name of a feature to which section 132 applies may be altered. In making a determination to alter an official geographic name of a feature named in section 132 , the Board— a need not comply with sections 16, 17, 18, 19(1), or 20 of the NZGB Act; but b must have the written agreement of the trustees to the alteration. The Board must give public notice of a determination made under this section in accordance with section 21(2) and (3) of the NZGB Act. 135 Access to redacted Resolution Agreement The trustees must, on written request from any person, make a redacted copy of the Resolution Agreement available free of charge on an internet site maintained by or on behalf of the trustees. The right of access to the Resolution Agreement under this section applies to the extent that any content of the Resolution Agreement is not redacted and withheld in accordance with subsection (3) . The Attorney-General and the trustees jointly agree to redact and withhold from any person certain content of the Resolution Agreement, as at 25 June 2026. 136 Notices A notice given or required to be given under this Act must be— a in writing and signed by the person giving the notice, but if a notice is given by the trustees it is effective if signed by at least 2 of the trustees, 1 of whom is the chairperson; and b addressed to the recipient at its address or email address— i as stipulated in clause 12.6 of the Resolution Agreement; or ii if the recipient has given notice of a new address or email address, at the most recent address of change of address or email address. A notice must be given by— a personal delivery (including by courier) to the recipient’s street address; or b pre-paid post and addressed to the recipient’s postal address; or c electronic mail to the recipient’s email address. A notice is to be treated as having been received— a at the time of delivery, if personally delivered; or b on the 6th day after posting, if posted; or c on the day of transmission, if sent by electronic mail. If a notice is, or is treated as being, received after 5 pm on a working day or at any time on a non-working day, it is to be treated as having been received on the next working day.