Ngāti Mutunga o Wharekauri Claims Settlement Bill

Ngāti Mutunga o Wharekauri Claims Settlement Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT Ngāti Mutunga o Wharekauri are an iwi whose area of interest covers Wharekauri/Chatham Islands. In 2016, the Crown recognised the mandate of the Ngāti Mutunga o Wharekauri Iwi Trust to negotiate the settlement of historical Treaty of Waitangi claims on behalf of Ngāti Mutunga o Wharekauri. On 17 August 2026, the Crown, Ngāti Mutunga o Wharekauri, and the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust signed a deed of settlement of historical Treaty of Waitangi claims. The Ngāti Mutunga o Wharekauri Claims Settlement Bill (the Bill ) gives effect to redress that requires legislation and settles the historical Treaty of Waitangi claims of Ngāti Mutunga o Wharekauri. The settlement contains acknowledgement of Crown breaches of te Tiriti o Waitangi/the Treaty of Waitangi and its principles, including the 1842 annexation of the islands, which failed to respect the mana and tino rangatiratanga of Ngāti Mutunga o Wharekauri, the Crown’s limited engagement with the islands since 1842, the impact of native land laws and land tenure reform, the denial of voting rights, the compulsory acquisition of uneconomic interests, and the Crown’s failure to actively protect te reo Māori. The settlement includes an apology from the Crown to Ngāti Mutunga o Wharekauri for its breaches of te Tiriti o Waitangi/the Treaty of Waitangi, and its principles. Ngāti Mutunga o Wharekauri cultural redress includes a Crown minerals protocol, a primary industries protocol, a taonga tūturu protocol, a statutory acknowledgement for a coastal area, a deed of recognition over 42 sites of importance, and changes to official geographic names. Ngāti Mutunga o Wharekauri commercial redress includes a shared right of first refusal with Moriori and the option to purchase 5 deferred selection properties. The Rēkohu Wharekauri Shared Redress Bill provides for shared redress for Ngāti Mutunga o Wharekauri and Moriori. Some elements of the deed of settlement do not require legislation and are therefore not in the Bill. They include— financial redress funds of $13 million: right of first refusal over fisheries quotas: a cultural revitalisation payment of $5 million: a letter of introduction and relationship agreements with various Crown agencies. CLAUSE BY CLAUSE ANALYSIS Clause 1 states the Bill’s Title. Clause 2 specifies that the Bill comes into force on the day after Royal assent. PRELIMINARY MATTERS, HISTORICAL ACCOUNT, ACKNOWLEDGEMENTS AND APOLOGY, AND SETTLEMENT OF HISTORICAL CLAIMS Part 1 provides for preliminary matters and the settlement of the historical claims. Clause 3 states the purpose of the Bill. Clause 4 provides that the provisions of the Bill take effect on the settlement date unless a provision states otherwise. Clause 5 provides that the Bill will bind the Crown if enacted. Clause 6 gives an outline of the Bill. Clauses 7 to 10 summarise the historical account in the deed of settlement between the Crown and Ngāti Mutunga o Wharekauri, and record the acknowledgements and the apology given by the Crown to Ngāti Mutunga o Wharekauri in the deed. Clause 11 provides that the Bill is to be interpreted in a manner that best furthers the agreements in the deed of settlement. Clause 12 defines certain terms used in the Bill. Clause 13 defines Ngāti Mutunga o Wharekauri. Clause 14 defines the historical claims settled by the Bill. Clause 15 settles the historical claims and provides that the settlement is final. It removes the jurisdiction of courts, tribunals, and other judicial bodies in respect of the historical claims, the deed of settlement, the Bill, and the settlement redress (but not in respect of the interpretation or implementation of the deed or the Bill). Clause 16 amends the Treaty of Waitangi Act 1975 to remove the jurisdiction of the Waitangi Tribunal as provided in clause 15 . Clause 17 provides that certain enactments do not apply to specified land. Clause 18 provides for the removal of existing resumptive memorials from records of title relating to the specified land. Clause 19 overrides the rule under trust law that limits the life of a trust and of any documents that give effect to the settlement. Clause 20 excludes certain provisions of Te Ture Whenua Maori Act 1993 from applying to Te Korowai o Ngāti Mutunga o Wharekauri Trust. Clause 21 requires the chief executive of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau to make the deed of settlement available for inspection or purchase. CULTURAL REDRESS Part 2 provides for cultural redress. PROTOCOLS Subpart 1 ( clauses 22 to 28 ) provides for 3 protocols: a Crown minerals protocol, a primary industries protocol, and a taonga tūturu protocol. The subpart provides that the protocols are subject to the Crown’s obligations and sets certain limits on the rights arising under the protocols. STATUTORY ACKNOWLEDGEMENT AND DEED OF RECOGNITION Subpart 2 ( clauses 29 to 42 ) contains the Crown’s acknowledgement of the statement made by Ngāti Mutunga o Wharekauri of their association with a statutory area ( see Part 1 of Schedule 1 ) and provides that the Crown must issue a deed of recognition in relation to a recognition area ( see Part 2 of Schedule 1 ). OFFICIAL GEOGRAPHIC NAMES Subpart 3 ( clauses 43 to 46 ) provides for changes to official geographic names. It sets out the requirements for publishing notice of each new official geographic name and provides for the process for altering a new official geographic name. MEMBERSHIP OF CHATHAM ISLANDS CONSERVATION BOARD Subpart 4 ( clause 47 ) amends the Conservation Act 1987 to provide that the Minister of Conservation must appoint a person nominated by the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust as a member of the conservation board for the Chatham Islands. STATEMENT OF INTEREST IN SPECIFIED ISLANDS, ISLETS, AND REEFS Subpart 5 ( clauses 48 to 50 ) provides for a statement of interest made by Ngāti Mutunga o Wharekauri, setting out associations of the iwi with certain specified islands, islets, and reefs. The Director-General of Conservation must have regard to the statement of association, and consult the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust, when planning operational activities on the specified islands, islets, and reefs. CUSTOMARY FISHING REGULATIONS Subpart 6 ( clause 51 ) provides for the making of customary fishing regulations. COMMERCIAL REDRESS Part 3 provides for commercial redress. TRANSFER OF DEFERRED SELECTION PROPERTIES Subpart 1 ( clauses 52 to 56 ) authorises the transfer of deferred selection properties to the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust, and provides for the creation of a record of title for each property and other related matters. RIGHT OF FIRST REFUSAL OVER SHARED RFR LAND Subpart 2 ( clauses 57 to 89 ) provides the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust with a shared right of first refusal ( RFR ) in relation to shared RFR land. The RFR is shared with the trustees of the Moriori Imi Settlement Trust. The owner of shared RFR land must not dispose of that land to a person other than the trustee or trustees of the relevant trusts (or their nominees), without first offering it to those trustees on the same or better terms. There are specified exemptions for when an offer does not need to be made. The shared right of first refusal lasts for 179 years after 17 February 2025 (being the date that is 36 months after the settlement date of the Moriori Claims Settlement Act 2021). There are 2 schedules, as follows: Schedule 1 sets out the area subject to a statutory acknowledgement and the areas subject to a deed of recognition: Schedule 2 sets out provisions about notices in relation to shared RFR land. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Ngāti Mutunga o Wharekauri Claims Settlement Act 2026 . 2 Commencement This Act comes into force on the day after Royal assent. 3 Purpose The purpose of this Act is— a to record the acknowledgements and apology given by the Crown to Ngāti Mutunga o Wharekauri in the deed of settlement; and b to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngāti Mutunga o Wharekauri. 4 Provisions to take effect on settlement date The provisions of this Act take effect on the settlement date unless stated otherwise. 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 Outline This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act or of the deed of settlement. This Part— a sets out the purpose of this Act; and b provides that the provisions of this Act take effect on the settlement date unless a provision states otherwise; and c specifies that the Act binds the Crown; and d sets out a summary of the historical account, and records the text of the acknowledgements and apology given by the Crown to Ngāti Mutunga o Wharekauri, as recorded in the deed of settlement; and e defines terms used in this Act, including key terms such as Ngāti Mutunga o Wharekauri and historical claims; and f provides that the settlement of the historical claims is final; and g provides for— i the effect of the settlement of the historical claims on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and ii a consequential amendment to the Treaty of Waitangi Act 1975; and iii the effect of the settlement on certain memorials; and iv the exclusion of the limit on the duration of a trust; and v access to the deed of settlement. Part 2 provides for cultural redress, including— a in subpart 1 , protocols for Crown minerals, primary industries, and taonga tūturu on the terms set out in the documents schedule; and b in subpart 2 ,— i a statutory acknowledgement by the Crown of the statements made by Ngāti Mutunga o Wharekauri of their cultural, historical, spiritual, and traditional association with a coastal statutory acknowledgement area; and ii a deed of recognition for a recognition area; and c in subpart 3 , the provision of official geographic names; and d in subpart 4 , an amendment to the Conservation Act 1987 to provide for the appointment of 1 person nominated by the trustee to be a member of the Conservation Board whose area of jurisdiction includes the Chatham Islands; and e in subpart 5 , a statement of interest, expressing the ancestral, spiritual, cultural, and historical associations of Ngāti Mutunga o Wharekauri with specified islands, islets, and reefs; and f in subpart 6 , provision for the making of regulations about customary fishing. Part 3 provides for commercial redress, including— a in subpart 1 , the transfer of deferred selection properties to the trustee; and b in subpart 2 , a right of first refusal over shared RFR land. There are 2 schedules, as follows: a Schedule 1 describes— i the statutory acknowledgement area that is subject to the statutory acknowledgement; and ii the recognition area for which a deed of recognition is issued: b Schedule 2 sets out provisions that apply to notices given in relation to shared RFR land. 7 Summary of historical account, acknowledgements, and apology Section 8 summarises the historical account in the deed of settlement, setting out the basis for the acknowledgements and apology. Sections 9 and 10 record the text of the acknowledgements and apology given by the Crown to Ngāti Mutunga o Wharekauri in the deed of settlement. 8 Summary of historical account In 1835, tūpuna of Ngāti Mutunga o Wharekauri migrated to Wharekauri (the Chatham Islands) in search of security. This followed many years of warfare during which the migrants left their ancestral homeland in Taranaki and established themselves in Te Whanganui-a-Tara (Wellington). After arriving in Wharekauri, Ngāti Mutunga o Wharekauri established customary interests over Wharekauri in accordance with their tikanga through conquest, a process of takahi or walking the lands, and occupation. In April 1842, the Crown annexed Wharekauri without consulting Ngāti Mutunga o Wharekauri. The Crown did not consult Ngāti Mutunga o Wharekauri before finally sending an official to Wharekauri in 1855, though rangatira were willing to negotiate the terms on which he would serve. Since then the Crown’s presence on the islands has always been very small. In the summer of 1842–1843, some Ngāti Mutunga o Wharekauri migrated to the Auckland Islands, which were annexed at the same time as Wharekauri. In 1849, a British company, exercising Crown authority, sent settlers there, but their settlement only lasted until 1852. There was no investigation into the company’s claimed purchase of Ngāti Mutunga o Wharekauri interests. By 1856, all the Māori migrants had also departed. In the 1860s, the Crown confiscated Taranaki lands in which Ngāti Mutunga o Wharekauri members had interests. Ngāti Mutunga o Wharekauri applied for the return of their ancestral lands, but were generally unsuccessful. Many iwi members subsequently supported the peaceful resistance movement founded by Te Whiti at Parihaka. Between 1866 and 1868, the Crown detained prisoners from other iwi without trial on Wharekauri. The Crown did not consult Ngāti Mutunga o Wharekauri before the prisoners arrived, but Ngāti Mutunga o Wharekauri provided land and supplies for them. The security arrangements were inadequate and in 1868 the prisoners escaped to New Zealand. In 1870, the Native Land Court awarded 97% of Wharekauri to Ngāti Mutunga o Wharekauri under laws allowing no more than 10 individuals to hold titles for any land block. The large Kekerione block was awarded to just 4 individuals and many customary rights holders were dispossessed. Eventually the Crown promoted laws providing for customary rights holders to be included as individual owners in legal titles, but this fragmented the ownership of Ngāti Mutunga o Wharekauri land as owners died and successors inherited their interests. This had a lasting legacy of making Ngāti Mutunga o Wharekauri land difficult to manage and use economically. Ngāti Mutunga o Wharekauri were subject to taxation without representation for decades as they were ineligible to vote in parliamentary elections until 1922. In 1890, 2 iwi members were imprisoned on the mainland after refusing to pay a dog tax opposed by most Ngāti Mutunga o Wharekauri. The Crown was slow to assist with economic infrastructure on Wharekauri. It compulsorily took land for a roading network in the early 1880s, but construction of the roads did not begin until 1945. Even then, the first roads were of poor quality. By the late 1960s, many roads had degenerated into muddy tracks and were described by some Ngāti Mutunga o Wharekauri as like cow tracks to the bails . The Crown sought to assimilate Māori into European culture, and Ngāti Mutunga o Wharekauri recall their children being punished for speaking te reo Māori at school. There has never been a secondary school on Wharekauri. Through the nineteenth and twentieth centuries, Ngāti Mutunga o Wharekauri faced limited economic opportunities, and many lived in poor housing and with bad health. Many members of the iwi have left the island. The Crown recognised in the middle of the twentieth century that its administrative arrangements for Wharekauri were ineffective. In 1950, it placed administration of Wharekauri under the Department of Island Territories, the body responsible for New Zealand’s Pacific Island territories. In 1961, the Crown concluded its administration of Wharekauri was still ineffective, and transferred it to the Department of Internal Affairs. That department, though, was not responsible for the economic development of the islands. During the crayfish boom of the 1960s, the Crown did not manage the fishery, which collapsed due to overfishing with most profits having gone off the islands. During the 1980s, many members of Ngāti Mutunga o Wharekauri became infuriated by repeated reviews of the Crown’s Wharekauri administration that did not produce outcomes that would improve their future economic prospects. 9 Acknowledgements E whakaae ana te Karauna ko Ngāti Mutunga o Wharekauri ngā tāngata whenua o Wharekauri. E whakaae ana te Karauna— a i whai hononga whakapapa kaha ngā uri o Ngāti Mutunga o Wharekauri, ā, i noho hoki rātou hei wāhanga nō ngā iwi me ngā hapū i whai hononga ki te Karauna i te tau 1840 mā roto mai i te Tiriti o Waitangi; ā b he mea whakahaere tana raupatu i a Wharekauri i te tau 1842 i runga i te korenga ōna i ngana ki te whiriwhiri ki a Ngāti Mutunga o Wharekauri. I whakaatu tēnei i te mutunga kē mai nei o te hē o te kore i āhukahuka tika, o te kore rānei i whakaute i te mana me te tino rangatiratanga o Ngāti Mutunga o Wharekauri; ā c nā tana kore i tono whakaaetanga i a Ngāti Mutunga o Wharekauri, kāore i eke ki ngā paerewa o ngā kawenga i tuhia rā ki ngā tohutohu i tukuna ki a Kāwana Hobson i te wā i tonoa ai ia i Ingarangi ki te whakarite i te rangatiratanga ki runga i a Nu Tīrani; ā d ahakoa kāore ōna haepapa i raro i te Tiriti o Waitangi e hāngai ana ki a Wharekauri, e whai take ana rānei ki a Ngāti Mutunga o Wharekauri hei iwi, kia mutu rā anō te raupatu whenua i te tau 1842, i taka tēnei hē i raro i te horopaki o tā te Karauna whakaae atu i te tau 1840, hei wāhanga nō te Tiriti o Waitangi, tērā kia mau tonu ai i ngā rangatira me ngā iwi te tino rangatiratanga, tae atu ki a Ngāti Mutunga o Wharekauri. E whakaae ana te Karauna, ko ngā mahi i mahia e ia ki te Māori i raro i te Tiriti o Waitangi, e whai take ana, ā, he āhuatanga pūmau tēnei pānga ki a Ngāti Mutunga o Wharekauri nō te rā o te raupatutanga. E whakaae ana te Karauna nā tāna raupatu i ngā moutere taratahi o Wharekauri i te tau 1842, me te kore i whiriwhiri ki a Ngāti Mutunga o Wharekauri, i tīmata ai tētahi ara roa e kaniawhea ana ia mō te āhua ki te iti o ngā whai wāhitanga ki ō te Karauna take i roto i tō rātou rohe. Inarā, e whakaae ana te Karauna— a kāore te Karauna i whakatū i tētahi nohoanga ki runga i ngā moutere, tae rawa i muri i ngā tono a ētahi kirinoho Pākehā kia pērātia i te tau 1854; ā b i pau te tekau mā toru tau te roa o te tatari nō te raupatutanga, ki te whakatū nohoanga ki runga i ngā moutere, kātahi ka tukuna tētahi āpiha e te Karauna ki Wharekauri i te tau 1855, me te kore i whiriwhiri ki a Ngāti Mutunga o Wharekauri; ā c i te tau 1856, whai muri i tā Ngāti Mutunga o Wharekauri whakahē kia tīmata taua āpiha i āna mahi, ka kitea e te Karauna e ngākau tuwhera ana te iwi ki te whai wāhi atu ki ngā ratonga ka whakahaerehia e taua āpiha ki runga o Wharekauri; ā d mai i taua wā rā, he iti tonu ngā ratonga a te kāwanatanga e wātea ana ki runga o Wharekauri, ā, kāore te mana o te Karauna i kaha kitea i runga o ngā moutere; ā e he iti rawa te āwhina i tukuna e te Karauna ki te whakawhanake i te tūāhanga ā-ōhanga, ā, ahakoa i raupatutia e te Karauna ngā whenua mō ētahi ara rori i ngā tekau tau 1880, ā, kīhai rawa i hangaia ētahi ara rori ki runga i ngā moutere kia tae rā anō ki tua atu o te tau 1945; ā f i te tau 1950, i mōhio te Karauna i tino whāiti te whanaketanga ā-ōhanga o ngā moutere nā te mohoaotanga, ā, hei urupare ki tērā i whakarite te Karauna kia whakahaerehia a Wharekauri e te Department of Island Territories (Tari mō ngā Moutere), ā, ko taua tari anō i whakahaere i ngā Pacific Island dependencies (moutere whirinaki i Te Moananui-a-Kiwa), ahakoa kāore aua moutere i whai wāhi ki raro i te mana o Nu Tīrani; ā g he ngoikore taua tari ki te whakahaere tika i ngā ratonga a te Kāwanatanga ki runga o Wharekauri, ā, i te tau 1961 ka whakawhitihia te haepapa mō te ruruku i ngā mahi a te kāwanatanga ki te Department of Internal Affairs (Tari Taiwhenua); ā h i te tau 1985, ka mutu tētahi arotake a te Karauna, e mea ana, kīhai rawa te Internal Affairs (Tari Taiwhenua) i whai haepapa mō te whanaketanga whānui o Wharekauri; ā i nā te auau o ngā arotake a te Karauna mō tana whakahaere i ngā moutere i ngā tekau tau 1980, i puta ake ai te hēmanawa nui i a Ngāti Mutunga o Wharekauri, hei tā rātou, kāore aua arotake i whai hua ki te whakapai ake i ō rātou tūmanako mō te anamata. E whakaae ana te Karauna— a nāna ngā Motu Maha i raupatu i te marama o Āperira 1842, i runga i te pūtake o te tūhuratanga, me ngā pārongo i tukuna i mua ki te Karauna e ngā kaipuke Piritana e mea ana kāore he tāngata e noho ana ki reira; ā b kāore rawa ngā uri o Ngāti Mutunga o Wharekauri i heke atu ki ngā Motu Maha i paku mōhio ki te mahi raupatu a Piritana. I haere atu rātou ki reira kimi wāhi haumaru ai i runga anō i tō rātou tirohanga ki te tino rangatiratanga, ā, i noho tonu atu ki ngā moutere rā tae noa ki te tau 1856; ā c i te tau 1847, i rīhi te Karauna i ngā Motu Maha ki ngā pānga Pākehā tūmataiti. I taua wā rā i whakaponohia hētia e te Karauna, kāore tonu he tangata e noho ana ki reira; ā d nō te Hune o 1848, kua mōhiotia tērā tētahi taupori iti o Ngāti Mutunga o Wharekauri e noho ana ki ngā moutere; ā e i te tau 1849, ka kopoua e te Karauna te Kaikōmihana a te kairīhi hei Rūtene-Kāwana, ā, mai i taua wā tae noa ki te tau 1852, i te wā i whakarērea ai e Piritana tō rātou nohonga ki runga i ngā moutere, kāore te Karauna i aro atu ki te mana me te tino rangatiratanga o Ngāti Mutunga o Wharekauri, nā te kore i tuku atu i ētahi tohutohu ki a ia ki te āta whai whakaaro ki ngā aronga o Ngāti Mutunga o Wharekauri tae atu ki tō rātou tino rangatiratanga; ā f karekau he tūhuratanga mō te whakapae a te kaikōmihana a te kairīhi e mea ana i tukuna rawatia e Ngāti Mutunga ā rātou kerēme katoa mō te whenua, ngā rāihe, ngā poaka, te aha te aha, i raro i te tikanga ka tukua rātou kia kohikohi i ā rātou anō kai e tupu ana , mō tētahi utu iti noa iho . E whakaae ana te Karauna, i pāngia ngā uri o Ngāti Mutunga o Wharekauri e ngā pakanga me ngā raupatu i Taranaki. I te tau 2001 me te tau 2005, i whakatauria e te Karauna ngā kerēme tawhito a Ngāti Tama me Ngāti Mutunga, ki Taranaki. I roto i ēnei whakataunga, i whakaae te Karauna, he mea takahi te Tiriti o Waitangi me ōna mātāpono e ngā pakanga me ngā raupatutanga ki Taranaki, ā, nā te ngoikoretanga o te tukanga Kōti Utunga i kaha ake ai ngā pānga kino o te raupatu. E whakaae ana te Karauna— a kāore ia i whiriwhiri ki a Ngāti Mutunga o Wharekauri i mua i te kawea o ngā mauhere ki Wharekauri i te marama o Māehe 1866, koia i mauherea ai e te Karauna me te kore i whai whakawākanga; ā b i urupare atu a Ngāti Mutunga o Wharekauri ki te taenga o ngā mauhere i runga i te manaakitanga mā te tuku i ngā rawa ki a rātou; ā c kāore te Karauna i āta whakarite i ngā haumarutanga e tika ana ki te tiaki i ngā mauhere i mauherea ai me te kore i whai whakawākanga, ā, i puta te ihu ki tūwhenua i te Hurae o 1868. E whakaae ana te Karauna— a nāna ngā ture whenua Māori i whakataki, tērā i whakaritea ai te wehewehenga kia takitahi ai ngā taitara whenua o Ngāti Mutunga o Wharekauri, i mua rā, i te noho mana tōpū aua whenua, me te kore i whiriwhiri ki a Ngāti Mutunga o Wharekauri; ā b i te tau 1870, i whakawhiwhia e te Kōti Whenua Māori te manapupuri ā-ture i te nuinga o ngā whenua i roto i ngā paraka e ono, e kapi ana i te nuinga o ngā whenua o Wharekauri, ki te tekau, iti iho rānei, ngā tāngata takitahi. I mārama a Ngāti Mutunga o Wharekauri ka mahi aua tāngata hei māngai mō te takitini o te iwi i hiahia kia riro i taua hunga te mana ā-ture o aua whenua; ā c i tukuna e ngā ture whenua Māori kia taea ai e ngā kaipupuru taitara o ia paraka te whakawhiti atu te taitara hei hautaonga takitahi mā rātou anō, ahakoa e mea ana ka mahi aua tāngata hei māngai mō ētahi atu. Kāhore te Karauna i whakarite kaupapa i mua i te tau 1886 hei aukati i te raupatuhanga o ngā mema o te iwi i ō rātou mōtika ā-ture ki te whenua i te wā i whakawhitia ai te taitara e ngā kaipupuru; ā d kāore te Ture o te tau 1886 i pā ki ngā paraka whenua i whakawhiwhia i runga i te ture kaipupuru tekau ahakoa i whakawhitia katoatia, he wāhanga rānei o aua whenua. Nō te tau 1894 kātahi anō ka whakatairangatia e te Karauna tētahi ture hei whakarite kia whakaurua ngā uri i whakaarotia hei painga i raro i ngā tarahiti ki ngā tiwhikete taitara, ki ngā karāti a te Karauna rānei i whakawhiwhia i runga i te ture kaipupuru tekau hei kaipupuru ā-ture; ā e ko te korenga o te Karauna i āta tiaki i ngā pānga o Ngāti Mutunga o Wharekauri i panaia rātou i ngā whenua i hiahia rātou ki te pupuru, nā te ture kaipupuru tekau , he takahi tēnei i te Tiriti o Waitangi me ōna mātāpono. Ka whakaae hoki te Karauna, ko te whakahaere me te pānga o ngā ture whenua Māori, inarā te whakawhiwhinga o ngā whenua ki te tangata takitahi, kāore ki te iwi, ki ngā hapū rānei, ā, he takahi tēnei i ngā tikanga a Ngāti Mutunga o Wharekauri. Nā tēnei i whakangāwari ai te wāwāhi, te wehewehe, me te raupatu o ngā whenua o Ngāti Mutunga o Wharekauri. Nā aua mahi anō i memeha ai te pūtake o te pā harakeke o te iwi o Ngāti Mutunga o Wharekauri, tērā i takea mai i te mana tiaki o te iwi i te whenua. Ko te korenga o te Karauna i kaha ki te tiaki i taua pūtake o te iwi, he takahitanga tēnei i te Tiriti o Waitangi me ōna mātāpono. E whakaae ana te Karauna— a nāna te ture i whakatairanga, i waenganui i te tau 1953 me te tau 1974, tērā i whakawhiwhia ai te Kaitiaki Māori ki te mana raupatu i ngā pānga whenua e ai ki te Karauna kāore he pāinga ā-ōhanga o aua whenua o Ngāti Mutunga o Wharekauri; ā b nā tēnei i whakakorea ai te tūrangawaewae o ētahi o Ngāti Mutunga o Wharekauri i ngā wāhi maha i whai pānga tuku iho ai rātou, tae atu ki ngā paraka pērā i a Kekerione, i a Otonga me Wharekauri; ā c nāna hoki i whakararua ai te pūtake ā-iwi o Ngāti Mutunga o Wharekauri, ā, he takahitanga anō tēnei i te Tiriti o Waitangi me ōna mātāpono. E whakaae ana te Karauna ki tōna hē, ki tōna korenga i whakarite kia taea ai e ngā kainoho o Ngāti Mutunga o Wharekauri i Wharekauri te pōti i ngā kōwhiringa pōti a Pāremata, tae noa ki te tau 1922, ahakoa i whakatūria te Pāremata i te tau 1852, me ngā rohe pōti Māori i te tau 1867. E whakaae ana anō te Karauna— a nā taua hē, i tukuna a Ngāti Mutunga o Wharekauri kia utua he tāke, me te kore i whai māngai mō rātou i roto i te Pāremata; ā b i te tau 1888, i mahi te Karauna mō ngā hiahia o ngā kainoho Pākehā, i tana whakaae ki te tono kia tukuna he tāke kurī ki Wharekauri, ahakoa i pūrongotia e te Kaiwhakawā Tūturu he whakahē nui nā Ngāti Mutunga o Wharekauri, i te mea he nui ake rātou i te haurua o te taupori o ngā moutere. I mauherea ētahi mema huhua nō Ngāti Mutunga o Wharekauri mō te kore i utu i taua tāke, ā, nō te tau 1891 ka whakarērea e te Karauna te kohikohi i taua tāke i runga i te whakahē a Ngāti Mutunga o Wharekauri; ā c ko te kore i tika a te Karauna, tae noa ki te tau 1922, ki te whakarite kia taea ai e Ngāti Mutunga o Wharekauri te whakamahi i te motika pōti, arā, he motika tūāpapa, he mana nui hoki nō ngā pononga a Piritana, he takahi i te Tiriti o Waitangi me ōna mātāpono. E whakaae ana te Karauna kua rerekē te taiao o Te Whanga mai i te tau 1842, tae atu ki ēnei āhuatanga— a kua nui ake te tote o ngā wai o Te Whanga nā te huakitanga ā-ringa taupua; ā b te whakaurunga o ētahi kararehe pērā i te kakī ānau mangu i te tau 1890, ā, kua whakakapia ngā pārera o mua, te tino kai a Ngāti Mutunga o Wharekauri. E whakaae ana anō te Karauna, mai i te tau 1992, kua whakahē ngā rangahau pūtaiao i te tirohanga roa a te Karauna e mea ana he manga a Te Whanga nō te moana. E whakaae ana te Karauna— a i te tau 1856, i tonoa e Ngāti Mutunga o Wharekauri ki te Karauna kia tukuna mai he tākuta mātanga ki Wharekauri. Heoi anō, kāore te Karauna i whakarite i tētahi tākuta mātanga hei āpiha hauora noho pūmau ki ngā moutere, tae rawa kia tata 50 tau i muri mai; ā b ā, kātahi anō ka whakaritea mai i te tau 1925 kia hangaia tētahi hōhipera kōpuha ki Wharekauri. E whakaae ana te Karauna— a i te tau 1925, i raupatutia e te Karauna he 23 eka mō te hōhipera, ā, i tū te hōhipera ki runga i te 4 eka i raupatutia, ko te toenga o aua whenua i rīhitia ki tētahi kaipāmu; ā b i tīmata tāna whakamahi i te nuinga o te whenua mō ētahi kaupapa tūmatanui i ngā tekau tau o 1960 me 1970, engari i te tau 1989, i whakatau te Karauna kāore ētahi wāhanga o te whenua e hiahiatia ana mō aua kaupapa; ā c i te tau 1990, i tae atu tētahi tono ki te Karauna kia whakahokia atu te whenua kāore i whakamahia, ki ngā uri a te kaipupuru whenua tuatahi e noho ana ki Wharekauri, engari i tautuhia e te Karauna tētahi atu kaupapa tūmatanui mō taua whenua, ā, ka noho tonu hei whakamahinga mō ngā whakataunga Tiriti ā muri ake nei. E whakaae ana te Karauna— a i te rautau tekau mā iwa, he tokomaha o ngā uri o Ngāti Mutunga o Wharekauri e aru ana i a Te Whiti kāore i pai ki te tuku i ā rātou tamariki ki ngā kura a te Karauna; ā b he roa ngā tau i whai te Karauna kia whakauru kia whakawaimehahia ngā ākonga Māori ki te ahurea Pākehā mā ngā kura; ā c nā ngā kaupapa here a te Karauna i akiaki ngā kura ki te whakaako mā te reo Pākehā anake, ā, he maha ngā tamariki nō Ngāti Mutunga o Wharekauri i whiua mō te kōrero i te reo Māori; ā d ko te kore a te Karauna i tiaki, i whakatairanga i te reo Māori me tōna whakamahinga e Ngāti Mutunga o Wharekauri, he takahi tēnei i te Tiriti o Waitangi me ōna mātāpono. E whakaae ana te Karauna— a i nui ngā takoha a ngā mātua o Ngāti Mutunga o Wharekauri kia taea ai e ā rātou tamariki te kura tuatahi; ā b kāore anō kia tū tētahi kura tuarua ki Wharekauri. E whakaae ana te Karauna i whai wāhi ētahi o āna kaupapa here me āna mahi ki te ngoikore o te whanaketanga ā-ohapori o Ngāti Mutunga o Wharekauri. Hei tauira— a nā te whakatairanga a te Karauna i ngā ture whenua Māori i te rautau tekau mā iwa i wāwāhia ai te noho whenua o Ngāti Mutunga o Wharekauri, ā, i noho tēnei hei ārai mō te whanaketanga ā-ōhanga tae noa ki te rautau rua tekau; ā b nā te pōturi o te Karauna ki te whakarato tūāhanga pērā i ngā rori ki Wharekauri i aukati i te whanaketanga ā-ōhanga o Ngāti Mutunga o Wharekauri; ā c nā te iti o ngā whai wāhitanga mātauranga i ngā kura kāwanatanga i Wharekauri i aukati i te uru atu o te nuinga o Ngāti Mutunga o Wharekauri ki te mātauranga me ngā mahi, ā, i herea ō rātou whai wāhitanga ā-ohapori. E whakaae ana anō te Karauna, nā te ngoikore o te whanaketanga ā-ōhanga i pā kino te pōhara o te ā-ohapori o Ngāti Mutunga o Wharekauri. He roa rawa te wā i noho ai te nuinga o Ngāti Mutunga o Wharekauri i roto i te pōhara, te hauora ngoikore, te noho whare koretake, me te kore o te tutuki i te mātauranga. The Crown acknowledges Ngāti Mutunga o Wharekauri as tangata whenua of Wharekauri (the Chatham Islands). The Crown acknowledges that— a members of Ngāti Mutunga o Wharekauri had strong whakapapa connections, and were part of iwi and hapū with whom the Crown entered into relationships in 1840 through te Tiriti o Waitangi/the Treaty of Waitangi; and b its annexation of Wharekauri in 1842 was carried out without any effort to consult with Ngāti Mutunga o Wharekauri. This represented a profound failure to give appropriate recognition or respect to the mana and te tino rangatiratanga of Ngāti Mutunga o Wharekauri; and c its failure to seek the consent of Ngāti Mutunga o Wharekauri did not meet the standards of conduct set out in the instructions given to Governor Hobson when he was sent from England to establish sovereignty over New Zealand; and d while it did not have any responsibilities under te Tiriti o Waitangi/the Treaty of Waitangi in relation to Wharekauri, or towards Ngāti Mutunga o Wharekauri as an iwi, until the annexation was completed in 1842, this failure occurred in the context of the Crown agreeing in 1840 as part of te Tiriti o Waitangi/the Treaty of Waitangi that chiefs and tribes, including Ngāti Mutunga o Wharekauri, would retain te tino rangatiratanga. The Crown acknowledges that the undertakings it made to Māori in te Tiriti o Waitangi/the Treaty of Waitangi apply and have always applied to Ngāti Mutunga o Wharekauri from the date of annexation. The Crown acknowledges that its 1842 annexation of remote Wharekauri without consulting Ngāti Mutunga o Wharekauri began a long and regrettable history of limited engagement about the Crown’s role in their rohe. In particular, the Crown acknowledges that— a the Crown established no presence on the islands until after several European settlers requested it to do so in 1854; and b having waited 13 years since the annexation before establishing a presence on the islands, the Crown sent an official to Wharekauri in 1855 without consulting Ngāti Mutunga o Wharekauri; and c in 1856, after Ngāti Mutunga o Wharekauri opposed this official starting work, the Crown found the iwi willing to engage with it about the services the official would perform on Wharekauri; and d the availability of government services on Wharekauri since then has always been limited with only a small Crown presence on the islands; and e the Crown provided little assistance to develop economic infrastructure, and even though the Crown compulsorily acquired land for a road network in the 1880s it was not until after 1945 that a road network began to be constructed on the islands; and f in 1950 the Crown recognised that the economic development of the islands was seriously limited by their isolation, and in response provided for Wharekauri to be administered by the Department of Island Territories which also administered Pacific Island dependencies that were not part of New Zealand; and g this department was ineffective in administering Government services on Wharekauri, and in 1961 the responsibility for co-ordinating government activity was transferred to the Department of Internal Affairs; and h in 1985 a Crown review concluded that the Department of Internal Affairs was never responsible for the overall development of Wharekauri; and i the Crown’s repeated reviews of its administration for the islands during the 1980s caused deep frustration to Ngāti Mutunga o Wharekauri who considered these reviews did little to improve their future prospects. The Crown acknowledges that— a it annexed the Auckland Islands in April 1842 on the basis of discovery, and information previously provided to it by visiting British ships that the islands were uninhabited; and b the members of Ngāti Mutunga o Wharekauri who migrated to the Auckland Islands had no way of knowing about the British annexation. They went there seeking to live in security in accordance with their own view of te tino rangatiratanga, and remained on the islands until 1856; and c in 1847 the Crown leased the Auckland Islands to private European interests. When it did so the Crown mistakenly believed that the islands were still uninhabited; and d by June 1848 it was aware that a small population of Ngāti Mutunga o Wharekauri were living on the islands; and e in 1849 the Crown appointed the lessee’s Commissioner as Lieutenant-Governor, and, until 1852 when the British abandoned their settlement on the islands, failed to have regard to the mana and te tino rangatiratanga of Ngāti Mutunga o Wharekauri by not giving him any instructions to take any account of Ngāti Mutunga o Wharekauri interests including their te tino rangatiratanga; and f there was no investigation into the assertion by the lessee’s commissioner that Ngāti Mutunga surrendered all their claims to land, enclosures, pigs, &c, upon condition of being allowed to collect their growing crops in return for being paid a small sum . The Crown acknowledges that members of Ngāti Mutunga o Wharekauri were affected by war and raupatu in Taranaki. In 2001 and 2005 the Crown settled the historical claims of Ngāti Tama and Ngāti Mutunga at Taranaki. In these settlements, the Crown acknowledged that the wars and confiscations in Taranaki had breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles, and that the inadequacies in the Compensation Court process compounded the prejudicial effects of confiscation. The Crown acknowledges that— a it did not consult Ngāti Mutunga o Wharekauri before bringing prisoners to Wharekauri in March 1866 who the Crown would detain without trial; and b Ngāti Mutunga o Wharekauri responded to the arrival of the prisoners with manaakitanga by making resources available for them; and c the Crown did not make adequate security arrangements to guard the prisoners who were detained without trial, and escaped to the mainland in July 1868. The Crown acknowledges that— a it introduced the native land laws which provided for the individualisation of title to Ngāti Mutunga o Wharekauri lands previously held in collective tenure without consulting Ngāti Mutunga o Wharekauri; and b in 1870, the Native Land Court awarded legal ownership of nearly all the land in each of 6 land blocks, comprising most of the land on Wharekauri, to 10 or fewer individuals who Ngāti Mutunga o Wharekauri understood would act on behalf of the large number of individuals Ngāti Mutunga o Wharekauri had wanted to receive legal ownership; and c the native land laws allowed the title holders of each block to alienate it as their private property, even if it had been intended that the owners would act on behalf of others. The Crown took no steps before 1886 to prevent iwi members being dispossessed of all their legal interests in the land when the title holders alienated the title; and d the 1886 Act did not apply to land blocks awarded under the 10-owner rule that had been wholly or partly alienated. It was not until 1894 that the Crown promoted legislation that provided for intended trust beneficiaries to be included on certificates of title or Crown grants awarded under the 10-owner rule as legal owners; and e the Crown’s failure to actively protect the interests of Ngāti Mutunga o Wharekauri who were dispossessed of land they wished to retain by the operation of the 10-owner rule breached te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown further acknowledges that the operation and impact of the native land laws, in particular the awarding of land to individuals rather than to iwi or hapū, was inconsistent with tikanga Ngāti Mutunga o Wharekauri, and made Ngāti Mutunga o Wharekauri lands more susceptible to partition, fragmentation, and alienation. This contributed to the erosion of the tribal structures of Ngāti Mutunga o Wharekauri, which were based on collective iwi custodianship of land. The Crown's failure to actively protect the iwi structures of Ngāti Mutunga o Wharekauri was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown acknowledges that— a it promoted legislation which, between 1953 and 1974, empowered the Māori Trustee to compulsorily acquire what the Crown considered uneconomic interests in Ngāti Mutunga o Wharekauri land; and b this deprived some Ngāti Mutunga o Wharekauri individuals of their tūrangawaewae in various places where they had customary interests including blocks such as Kekerione, Otonga, and Wharekauri; and c it further undermined the tribal structures of Ngāti Mutunga o Wharekauri, and was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown acknowledges that it failed to provide for Ngāti Mutunga o Wharekauri residents of Wharekauri to vote in parliamentary elections until 1922, despite the establishment of Parliament in 1852, and Māori electoral districts in 1867. The Crown further acknowledges that— a as a result Ngāti Mutunga o Wharekauri were subject to taxation without representation; and b in 1888 the Crown acted in the interests of Pākehā settlers when it agreed to their request to apply a dog tax on Wharekauri that the Resident Magistrate reported was strongly opposed by Ngāti Mutunga o Wharekauri who were more than half the population on the islands. Several members of Ngāti Mutunga o Wharekauri were imprisoned for refusing to pay this tax before the Crown abandoned attempts to collect it in 1891 due to Ngāti Mutunga o Wharekauri opposition; and c the Crown’s unjustified failure, until 1922, to ensure that Ngāti Mutunga o Wharekauri could exercise the right to vote, a fundamental right and privilege of British subjects, was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown acknowledges the changes to the environment of Te Whanga since 1842 including— a greater salinity in the waters of Te Whanga due to the lagoon periodically being artificially opened; and b the introduction of wildlife such as black swans in 1890 which have replaced the ducks that used to be a favourite source of food for Ngāti Mutunga o Wharekauri. The Crown further acknowledges scientific studies since 1992 have contradicted the Crown’s long-held view that Te Whanga is an arm of the sea. The Crown acknowledges that— a in 1856 Ngāti Mutunga o Wharekauri requested that the Crown send a trained doctor to Wharekauri, but it was not until nearly 50 years later that the Crown appointed a trained doctor to be the resident medical official on the islands; and b it was not until 1925 that arrangements were made for the construction of a cottage hospital on Wharekauri. The Crown acknowledges that— a in 1925 the Crown compulsorily took 23 acres for a hospital which was subsequently located on 4 acres of the taken block with the balance of the land being leased to a farmer; and b it began using much of the land for other public purposes in the 1960s and 1970s, but by 1989 had concluded that some of the land was no longer required for public purposes; and c in 1990 the Crown received a request for the unused land to be returned to successors of the original owner who were resident on Wharekauri, but the Crown identified another public purpose for the unused land, which meant it would remain available for use in future Treaty settlements. The Crown acknowledges that— a in the nineteenth century many Ngāti Mutunga o Wharekauri followers of Te Whiti were reluctant to submit their children to Crown education; and b for many years one of the objectives of Crown schools teaching Māori students was to promote their assimilation into European culture; and c Crown policy required schools to teach students only in English, and many Ngāti Mutunga o Wharekauri children were subject to corporal punishment for speaking in te reo Māori; and d its failure to actively protect te reo Māori and encourage its use by Ngāti Mutunga o Wharekauri was a breach of te Tiriti o Waitangi/the Treaty of Waitangi and its principles. The Crown acknowledges— a the contributions made by parents of Ngāti Mutunga o Wharekauri to enable their children to receive primary education; and b that there has never been a secondary school on Wharekauri. The Crown acknowledges that some of its policies and actions contributed to the socio-economic underdevelopment of Ngāti Mutunga o Wharekauri. For example— a the Crown’s promotion of native land laws in the nineteenth century fragmented land ownership for Ngāti Mutunga o Wharekauri and this remained an impediment to their economic development deep into the twentieth century; and b the slow provision of infrastructure on Wharekauri, such as roads, limited Ngāti Mutunga o Wharekauri economic development; and c the limited educational opportunities in state schools on Wharekauri denied many Ngāti Mutunga o Wharekauri access to education and employment opportunities, thereby limiting their socio-economic opportunities. The Crown further acknowledges that the economic underdevelopment of Ngāti Mutunga o Wharekauri led to its socio-economic deprivation. For too long many members of Ngāti Mutunga o Wharekauri endured poverty, poor health, poor housing, and low educational achievement. 10 Apology The text of the apology offered by the Crown to Ngāti Mutunga o Wharekauri, as set out in the deed of settlement, is as follows: Te reo Māori “(a) Ki a koutou o Ngāti Mutunga o Wharekauri, ki ō koutou tūpuna, ki ā koutou tamariki-mokopuna, tēnei ka rere te whakapāha a te Karauna kua roa rawa nei e tāria ana, mō āna mahi takahi i te Tiriti o Waitangi, mō ētahi atu mahi, me ētahi atu hapa i whiua ai koutou ki te whakatoihara. b E whakapāha mārika ana te Karauna i tāna raupatu i a Wharekauri i te tau 1842 me te kore noa i paku ngana ki te whiriwhiri ki a koutou, nā tēnei mahi mutunga kē mai nei o te hē o te kore i āhukahuka tika ai, o te kore rānei i whakaute ai i tō mana, i tō tino rangatiratanga, ā, nā reira i tīmata ai tētahi ara roa me tō mātou kaniawhea i tēnei āhuatanga, mō te āhua ki te iti o ngā whai wāhitanga ki a koutou me tō koutou rohe. Nā te hītori nei o te korenga i whānui te tukuna o ngā ratonga ki runga o Wharekauri, me te pōturi rawa o te whanaketanga o te tūāhanga ā-ōhanga i whakaaro ai ētahi uri maha nō Ngāti Mutunga o Wharekauri mō tētahi wā roa, i noho kē rātou ki tētahi whirinaki nā Nu Tīrani, tēnā i te noho ki tētahi wāhanga tūturu nō te motu whānui. c E kaniawhea ana te Karauna i āna mahi takahi i te Tiriti o Waitangi, me te whakatoihara i taka iho i ēnei mahi ki a koutou. Ko ētahi o ngā mahi nei, ko te korenga o te Karauna i whakarite kia whakamahi a Ngāti Mutunga o Wharekauri i ō rātou mōtika pōti i roto i ngā kōwhiringa pōti a Pāremata kia tae rā anō ki te tekau tau o 1920. E kite mārika ana i tēnei, ngā tohumate o tā te Karauna tūkino i a koutou. Ko te wāwāhitanga o ngā taitara pupuru whenua o Ngāti Mutunga o Wharekauri i te rautau tekau mā iwa, kua roa nei e whakahawea ana i ō koutou hanganga ā-iwi, i ngā pānga whenua o ngā uri maha o Ngāti Mutunga, me te whakawhīwhiwhi haere i te whakahaeretanga o ngā whenua e mahue mai ana, ki tua atu o te whīwhiwhi e tika ana. d E kaniawhea mārire ana te Karauna i ngā pānga kua puta i te whakahoutanga o ngā whakahaere whenua, me ngā pānga kua puta i te kōpaka o te tūāhanga ā-ōhanga ki te kounga o te ora o ngā uri maha nō Ngāti Mutunga o Wharekauri. Mō tētahi wā roa rawa atu, kāore te ōhanga o tō rohe i paku whakawhanakehia, ā, tae noa ki te tekau tau o 1980 me te hēmanawa nui ka hua iho ki tō iwi i ngā arotakenga auau a te Karauna i te āhua o tāna whai wāhi ki Wharekauri. e Ka tuohu nei te māhunga whakapāha o te Karauna i te pānga o te ngaronga o ngā mātauranga tuku iho ki a Ngāti Mutunga o Wharekauri nā ngā kaupapahere whakawaimeha a te Karauna i kore ai te reo Māori i whakahaumarutia, ā, i kore ai hoki tōna whakamahinga i ākina. He mākiri taikare tēnei ki a Ngāti Mutunga o Wharekauri, ā, kāore i tika te pānga o tēnei ki a koutou. f E whakaae ana te Karauna, he kirirarau whaimana a Ngāti Mutunga o Wharekauri nō Nu Tīrani. Mā te whakataunga kerēme nei e kī taurangi ana, ka mahi tahi ia ki a Ngāti Mutunga o Wharekauri i runga anō i te whakaute ki te Tiriti o Waitangi me ōna mātāpono.” English “(a) To Ngāti Mutunga o Wharekauri, your tūpuna, your tamariki, and your mokopuna, the Crown makes this long overdue apology for breaches of te Tiriti o Waitangi/the Treaty of Waitangi and other acts and omissions that have caused you prejudice. b The Crown is deeply sorry that it annexed Wharekauri in 1842 without any effort to consult you, which was a profound failure to give appropriate recognition or respect to your mana and te tino rangatiratanga, and that this began a long and regrettable history of limited engagement with you and your rohe. This history of limited services on Wharekauri and the painfully slow development of economic infrastructure has meant that many Ngāti Mutunga o Wharekauri long felt they lived in a dependency of New Zealand rather than a fully integrated part of the country. c The Crown is remorseful for its breaches of te Tiriti o Waitangi/the Treaty of Waitangi, and the prejudice they caused you. Among these the Crown’s failure to arrange for Ngāti Mutunga o Wharekauri to exercise voting rights in parliamentary elections until the 1920s was all too symptomatic of how the Crown has treated you. The individualisation of Ngāti Mutunga o Wharekauri land tenure in the nineteenth century has had a legacy of undermining your tribal structures, depriving many Ngāti Mutunga of their interests in tribal lands, and making the administration of the remaining lands far more complex than it should have been. d The Crown deeply regrets the impacts land tenure reform and the lack of economic infrastructure have had on the quality of life for many Ngāti Mutunga o Wharekauri. For too long the economy of your rohe was seriously underdeveloped, and, as late as the 1980s, the Crown’s constant reviews of how it engaged with Wharekauri caused deep frustration among your people. e The Crown is profoundly sorry for the intergenerational loss of knowledge suffered by Ngāti Mutunga o Wharekauri due to Crown policies of cultural assimilation by which te reo Māori was not protected, and its use was not encouraged. This has been a tragedy for Ngāti Mutunga o Wharekauri that should not have happened. f The Crown acknowledges that Ngāti Mutunga o Wharekauri are fully-fledged citizens of New Zealand. Through this settlement it pledges to build a relationship with Ngāti Mutunga o Wharekauri that is based on respect for te Tiriti o Waitangi/the Treaty of Waitangi and its principles.” 11 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 agreements expressed in the deed of settlement. 12 Interpretation In this Act, unless the context otherwise requires,— administering body has the meaning given in section 2(1) of the Reserves Act 1977 aquatic life has the meaning given in section 2(1) of the Conservation Act 1987 attachments means the attachments to the deed of settlement consent authority has the meaning given in section 2(1) of the Resource Management Act 1991 conservation management strategy has the meaning given in section 2(1) of the Conservation Act 1987 Crown has the meaning given in section 2(1) of the Public Finance Act 1989 deed of recognition — a means a deed of recognition issued under section 38 by the Minister of Conservation and the Director-General; and b includes any amendments made under section 38(3) deed of settlement — a means the deed of settlement dated 17 August 2026 and signed by— i the Honourable Paul Jonathan Goldsmith, Minister for Treaty of Waitangi Negotiations, and the Honourable Nicola Valentine Willis, Minister of Finance, for and on behalf of the Crown; and ii Melodie Michaelina Pare Eruera, Monique Croon, Deena Ngawhata Whaitiri, Megan Louise Lanauze-King, John Charles Preece, Dianne Kay Grennell, and Paula Ann Page, for and on behalf of— A Ngāti Mutunga o Wharekauri; and B Te Korowai o Ngāti Mutunga o Wharekauri Trustee Limited, being the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust; and b includes— i the schedules of, and attachments to, the deed; and ii any amendments to the deed or its schedules and attachments deferred selection property has the meaning given in section 52 Director-General means the Director-General of Conservation documents schedule means the documents schedule of the deed of settlement effective date means the date that is 6 months after the settlement date historical claims has the meaning given in section 14 interest means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting a property LINZ means Land Information New Zealand local authority has the meaning given in section 5(1) of the Local Government Act 2002 member of Ngāti Mutunga o Wharekauri means an individual referred to in section 13(1)(a) property redress schedule means the property redress schedule of the deed of settlement record of title has the meaning given in section 5(1) of the Land Transfer Act 2017 Registrar-General has the meaning given to Registrar in section 5(1) of the Land Transfer Act 2017 representative entity means— a the trustee; and b any person, including any trustee, acting for or on behalf of— i the collective group referred to in section 13(1)(a) ; or ii 1 or more members of Ngāti Mutunga o Wharekauri; or iii 1 or more of the whānau, hapū, or groups referred to in section 13(1)(c) reserve has the meaning given in section 2(1) of the Reserves Act 1977 resource consent has the meaning given in section 2(1) of the Resource Management Act 1991 RFR means the right of first refusal provided for by subpart 2 of Part 3 RFR area has the meaning given in section 57 settlement date means the date that is 40 working days after the date on which this Act comes into force shared RFR land has the meaning given in section 58 statutory acknowledgement has the meaning given in section 29 Te Korowai o Ngāti Mutunga o Wharekauri Trust means the trust of that name established by a trust deed dated 13 August 2026 Te Korowai o Ngāti Mutunga o Wharekauri Trustee Limited means the company of that name incorporated under company number 9447724 tikanga means customary values and practices trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust and trustee mean the trustee or trustees of Te Korowai o Ngāti Mutunga o Wharekauri Trust acting in its or their capacity as the trustee or trustees of that trust working day — a means a day other than— i Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day: ii if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday: iii a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year: iv the days observed as the anniversaries of the provinces of Chatham Islands and Wellington; but b in relation to shared RFR land, has the meaning given in section 12 of the Moriori Claims Settlement Act 2021. 13 Meaning of Ngāti Mutunga o Wharekauri In this Act, Ngāti Mutunga o Wharekauri — a means the collective group composed of individuals who are descended from an ancestor of Ngāti Mutunga o Wharekauri; and b includes those individuals; and c includes any whānau, hapū, or group to the extent that it is composed of those individuals. In this section and section 14 ,— ancestor of Ngāti Mutunga o Wharekauri means an individual who— a exercised customary rights by virtue of being descended from— i Mutunga, Hinetuhi, Hineweo, Haumia, Whata, Rakaeiora, or Tamaariki; or ii any other recognised ancestor of a group referred to in clause 9.9.2 of the deed of settlement; and b exercised the customary rights in relation to the area of interest at any time after 1 November 1842 area of interest means the area shown as the Ngāti Mutunga o Wharekauri area of interest in part 1 of the attachments customary rights means rights exercised according to Ngāti Mutunga o Wharekauri tikanga, including— a rights to occupy land; and b rights in relation to the use of land or other natural or physical resources descended means that a person is descended from another person by— a birth; or b legal adoption; or c Māori customary adoption in accordance with Ngāti Mutunga o Wharekauri tikanga. 14 Meaning of historical claims In this Act, historical claims — a means the claims described in subsection (2) ; and b includes the claims described in subsection (3) ; but c does not include the claims described in subsection (4) . The historical claims are every claim that Ngāti Mutunga o Wharekauri or a representative entity had on or before the settlement date, or may have after the settlement date, and that— a is founded on a right arising— i from the Treaty of Waitangi or its principles; or ii under legislation; or iii at common law (including aboriginal title or customary law); or iv from a fiduciary duty; or v otherwise; and b arises from, or relates to, acts or omissions before 21 September 1992— i by or on behalf of the Crown; or ii by or under legislation. The historical claims include— a a claim to the Waitangi Tribunal that relates exclusively to Ngāti Mutunga o Wharekauri or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim: i Wai 65—Chatham Islands and Fisheries claim: ii Wai 181—Kekerione No.1 Hospital Land claim: iii Wai 460—Chatham and Auckland Islands claim: iv Wai 1382—Matarakau Wharekauri (Public Works and Partition Orders) claim: v Wai 2279—Pamariki Lands (Thomas and Brown) claim: vi Wai 2403—the Kekerione Land Blocks (Winitana and Tuuta-Rurehe) claim; and b every other claim to the Waitangi Tribunal to the extent that subsection (2) applies to the claim and the claim relates to Ngāti Mutunga o Wharekauri or a representative entity. However, the historical claims do not include— a a claim that a member of Ngāti Mutunga o Wharekauri, or a whānau, hapū, or group referred to in section 13(1)(c) , had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not an ancestor of Ngāti Mutunga o Wharekauri; or b a claim that a member of Ngāti Mutunga o Wharekauri, or a whānau, hapū, or group referred to in section 13(1)(c) , had or may have as a result of a loss of interest in land in New Zealand, or in the natural or physical resources in that land, if the land is outside the area of interest; or c a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a) or (b) . A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date. In this section, land in New Zealand means land within the baseline described in sections 5, 6, and 6A of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 (being the low-water mark along the coast of New Zealand, including all islands, except as otherwise provided in section 6 or 6A of that Act ). 15 Settlement of historical claims final The historical claims are settled. The settlement of the historical claims is final, and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims. Subsections (1) and (2) do not limit the deed of settlement. Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire, or to make a finding or recommendation) in respect of— a the historical claims; or b the deed of settlement; or c this Act; or d the redress provided under the deed of settlement or this Act. Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act. 16 Amendment to Treaty of Waitangi Act 1975 This section amends the Treaty of Waitangi Act 1975. In Schedule 3, insert in its appropriate alphabetical order: Ngāti Mutunga o Wharekauri Claims Settlement Act 2026 , section 15(4) and (5) 17 Certain enactments do not apply The enactments listed in subsection (2) do not apply— a to land in the RFR area; or b for the benefit of Ngāti Mutunga o Wharekauri or a representative entity. The enactments are— a Part 3 of the Crown Forest Assets Act 1989: b sections 568 to 570 of the Education and Training Act 2020: c Part 3 of the New Zealand Railways Corporation Restructuring Act 1990: d sections 27A to 27C of the State-Owned Enterprises Act 1986: e sections 8A to 8HJ of the Treaty of Waitangi Act 1975. 18 Resumptive memorials to be cancelled The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the record of title for, each allotment that— a is solely within the RFR area; and b is subject to a resumptive memorial recorded under an enactment listed in section 17(2) . The chief executive of LINZ must issue a certificate as soon as is reasonably practicable after the settlement date. Each certificate must state that it is issued under this section. As soon as is reasonably practicable after receiving a certificate, the Registrar-General must— a register the certificate against each record of title identified in the certificate; and b cancel each memorial recorded under an enactment listed in section 17(2) on a record of title identified in the certificate, but only in respect of each allotment described in the certificate. 19 Limit on duration of trusts does not apply A limit on the duration of a trust in any rule of law, and a limit in the provisions of any Act, including section 16 of the Trusts Act 2019,— a do not prescribe or restrict the period during which— i Te Korowai o Ngāti Mutunga o Wharekauri Trust may exist in law; or ii the trustee 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 deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective. However, if Te Korowai o Ngāti Mutunga o Wharekauri Trust is or becomes a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019. 20 Treatment of Te Korowai o Ngāti Mutunga o Wharekauri Trust under Te Ture Whenua Maori Act 1993 Te Korowai o Ngāti Mutunga o Wharekauri Trust is not a trust constituted in respect of— a any Maori land for the purpose of section 236(1)(b) of Te Ture Whenua Maori Act 1993; or b any General land owned by Maori for the purpose of section 236(1)(c) of that Act. In this section, Maori land and General land owned by Maori have the meanings given in section 4 of Te Ture Whenua Maori Act 1993. 21 Access to deed of settlement The chief executive of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau must make copies of the deed of settlement available— a for inspection free of charge, and for purchase at a reasonable price, at that Office in Wellington between 9 am and 5 pm on any working day; and b free of charge on an internet site maintained by or on behalf of that Office. 22 Interpretation In this subpart,— protocol — a means each of the following protocols issued under section 23(1) or (2) : i the Crown minerals protocol: ii the primary industries protocol: iii Appendix B of the Whakaaetanga Tiaki Taonga; and b includes any amendments made under section 23(3) responsible Minister means the 1 or more Ministers who have responsibility under a protocol Whakaaetanga Tiaki Taonga means the document entered into under clause 5.12 of the deed of settlement (in the form set out in part 4 of the documents schedule). 23 Issuing, amending, and cancelling protocols The responsible Minister must issue each of the protocols, other than Appendix B of the Whakaaetanga Tiaki Taonga, to the trustee on the terms set out in part 4 of the documents schedule. Appendix B of the Whakaaetanga Tiaki Taonga must be treated as having been issued by the responsible Minister for that protocol on the terms set out in part 4 of the documents schedule. The responsible Minister may amend or cancel a protocol at the initiative of— a the trustee; or b the responsible Minister. The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustee. 24 Protocols subject to rights, functions, and duties A protocol does not restrict— a the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability— i to introduce legislation and change Government policy; and ii to interact with or consult a person that the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or b the responsibilities of the responsible Minister or a department of State; or c the legal rights of Ngāti Mutunga o Wharekauri or a representative entity. 25 Enforcement of protocols The Crown must comply with a protocol while it is in force. If the Crown fails to comply with a protocol without good cause, the trustee may enforce the protocol, subject to the Crown Proceedings Act 1950. Despite subsection (2) , damages or other forms of monetary compensation are not available as a remedy for a failure by the Crown to comply with a protocol. To avoid doubt,— a subsections (1) and (2) do not apply to guidelines developed for the implementation of a protocol; and b subsection (3) does not affect the ability of a court to award costs incurred by the trustee in enforcing the protocol under subsection (2) . 26 Crown minerals protocol The chief executive of the department of State responsible for the administration of the Crown Minerals Act 1991 must note a summary of the terms of the Crown minerals protocol in— a a register of protocols maintained by the chief executive; and b the minerals programmes that affect the Crown minerals protocol area, but only when those programmes are changed. The noting of the summary is— a for the purpose of public notice only; and b not a change to the minerals programmes for the purposes of the Crown Minerals Act 1991. The Crown minerals protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Crown minerals. In this section,— Crown mineral means a mineral, as defined in section 2(1) of the Crown Minerals Act 1991,— a that is the property of the Crown under section 10 or 11 of that Act; or b over which the Crown has jurisdiction under the Continental Shelf Act 1964 Crown minerals protocol area means the area shown on the map attached to the Crown minerals protocol, together with the adjacent waters minerals programme has the meaning given in section 2(1) of the Crown Minerals Act 1991. 27 Primary industries protocol The chief executive of the Ministry for Primary Industries must note a summary of the terms of the primary industries protocol in any fisheries plan that affects the primary industries protocol area. The noting of the summary is— a for the purpose of public notice only; and b not an amendment to a fisheries plan for the purposes of section 11A of the Fisheries Act 1996. The primary industries protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, assets or other property rights (including in respect of fish, aquatic life, or seaweed) that are held, managed, or administered under any of the following enactments: a the Fisheries Act 1996: b the Maori Commercial Aquaculture Claims Settlement Act 2004: c the Maori Fisheries Act 2004: d the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. In this section,— fisheries plan means a plan approved or amended under section 11A of the Fisheries Act 1996 primary industries protocol area means the area shown on the map attached to the primary industries protocol, together with the adjacent waters. 28 Appendix B of Whakaaetanga Tiaki Taonga Appendix B of the Whakaaetanga Tiaki Taonga does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu. In this section, taonga tūturu — a has the meaning given in section 2(1) of the Protected Objects Act 1975; and b includes ngā taonga tūturu, as defined in section 2(1) of that Act. 29 Interpretation In this subpart,— recognition area means the area comprising the sites described in Part 2 of Schedule 1 , the general location of which is indicated on deed plan TTW-063-03 relevant consent authority , for the statutory area, means a consent authority of a region or district that contains, or is adjacent to, the statutory area statement of association , for the statutory area, means the statement— a made by Ngāti Mutunga o Wharekauri of their particular cultural, historical, spiritual, and traditional association with the statutory area; and b set out in part 1 of the documents schedule statutory acknowledgement means the acknowledgement made by the Crown in section 30 in respect of the statutory area described in Part 1 of Schedule 1 , on the terms set out in this subpart statutory area means the area described in Part 1 of Schedule 1 , the general location of which is indicated on the deed plan for that area statutory plan — a means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as defined in section 43AA of the Resource Management Act 1991; and b includes a proposed plan, as defined in section 43AAC of that Act. 30 Statutory acknowledgement by the Crown The Crown acknowledges the statement of association for the statutory area. 31 Purposes of statutory acknowledgement The only purposes of the statutory acknowledgement are— a to require relevant consent authorities, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, in accordance with sections 32 to 34 ; and b to require relevant consent authorities to record the statutory acknowledgement on statutory plans that relate to the statutory area and to provide summaries of resource consent applications or copies of notices of applications to the trustee, in accordance with sections 35 and 36 ; and c to enable the trustee and any member of Ngāti Mutunga o Wharekauri to cite the statutory acknowledgement as evidence of the association of Ngāti Mutunga o Wharekauri with the statutory area, in accordance with section 37 . 32 Relevant consent authorities to have regard to statutory acknowledgement This section applies in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting the statutory area. On and from the effective date, a relevant consent authority must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustee is an affected person in relation to the activity. Subsection (2) does not limit the obligations of a relevant consent authority under the Resource Management Act 1991. 33 Environment Court to have regard to statutory acknowledgement This section applies to proceedings in the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting the statutory area. On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274 of the Resource Management Act 1991, whether the trustee is a person with an interest in the proceedings greater than that of the general public. Subsection (2) does not limit the obligations of the Environment Court under the Resource Management Act 1991. 34 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement This section applies to an application made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within the statutory area. On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48, 56, or 62 of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to the application. On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area— a in determining whether the trustee is a person directly affected by the decision; and b in determining, under section 59(1) or 64(1) of the Heritage New Zealand Pouhere Taonga Act 2014, an appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application. In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014. 35 Recording statutory acknowledgement on statutory plans On and from the effective date, each relevant consent authority must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area. The information attached to a statutory plan must include— a a copy of sections 30 to 34 , 36 , and 37 ; and b descriptions of the statutory area wholly or partly covered by the plan; and c the statement of association for the statutory area. The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not— a part of the statutory plan; or b subject to the provisions of Schedule 1 of the Resource Management Act 1991. 36 Provision of summary or notice to trustee Each relevant consent authority must, on and from the effective date, provide the following to the trustee for each resource consent application for an activity within, adjacent to, or directly affecting the statutory area: a if the application is received by the consent authority, a summary of the application; or b if notice of the application is served on the consent authority under section 145(10) of the Resource Management Act 1991, a copy of the notice. A summary provided under subsection (1)(a) must be the same as would be given to an affected person by limited notification under section 95B(4) of the Resource Management Act 1991 or as may be agreed between the trustee and the relevant consent authority. The summary must be provided— a as soon as is reasonably practicable after the relevant consent authority receives the application; but b before the relevant consent authority decides under section 95 of the Resource Management Act 1991 whether to notify the application. A copy of a notice must be provided under subsection (1)(b) not later than 10 working days after the day on which the consent authority receives the notice. The trustee may, by written notice to a relevant consent authority,— a waive the right to be provided with a summary or copy of a notice under this section; and b state the scope of that waiver and the period it applies for. This section does not affect the obligation of a relevant consent authority to decide,— a under section 95 of the Resource Management Act 1991, whether to notify an application: b under section 95E of that Act, whether the trustee is an affected person in relation to an activity. 37 Use of statutory acknowledgement The trustee and any member of Ngāti Mutunga o Wharekauri may, as evidence of the association of Ngāti Mutunga o Wharekauri with the statutory area, cite the statutory acknowledgement in submissions concerning activities within, adjacent to, or directly affecting the statutory area that are made to or before— a the relevant consent authorities; or b the Environment Court; or c Heritage New Zealand Pouhere Taonga; or d the Environmental Protection Authority or a board of inquiry under Part 6AA of the Resource Management Act 1991. The content of a statement of association is not, because of the statutory acknowledgement, binding as fact on— a the bodies referred to in subsection (1) ; or b parties to proceedings before those bodies; or c any other person who is entitled to participate in those proceedings. However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account. To avoid doubt,— a the trustee and members of Ngāti Mutunga o Wharekauri are not precluded from stating that Ngāti Mutunga o Wharekauri has an association with the statutory area that is not described in the statutory acknowledgement; and b the content and existence of the statutory acknowledgement do not limit any statement made. 38 Issuing and amending deed of recognition This section applies in respect of the recognition area. The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 2 of the documents schedule for the recognition area. The Minister of Conservation and the Director-General may amend the deed, but only with the written consent of the trustee. 39 Application of deed of recognition to river, stream, or lake If any part of the deed of recognition applies to a river or stream, including a tributary, that part of the deed— a applies only to the bed of the river or stream, which is the land that the waters of the river or stream cover at their fullest flow without flowing over the banks of the river or stream; but b does not apply to— i a part of the bed of the river or stream that is not owned and managed by the Crown; or ii the bed of an artificial watercourse. If any part of the deed of recognition applies to a lake, that part of the deed— a applies only to— i the body of fresh water in the lake; and ii the bed of the lake; and b does not apply to any part of the bed of the lake that is not owned and managed by the Crown; and c does not apply,— i in the case of a lake not controlled by artificial means, to any land that the waters of the lake do not cover at their highest level without overflowing the banks of the lake; or ii in the case of a lake controlled by artificial means, to any land that the waters of the lake do not cover at the maximum operating level; or iii to any river, stream, or watercourse, whether artificial or otherwise, that drains into or out of a lake. In this section,— lake means a body of fresh water that is entirely or nearly surrounded by land, and includes a lake controlled by artificial means maximum operating level means the level of water prescribed for an activity carried out in or on a lake under a resource consent or a rule in a regional plan or proposed plan within the meaning of the Resource Management Act 1991. 40 Exercise of powers and performance of functions and duties The statutory acknowledgement and deed of recognition do not affect, and must not be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw. A person, in considering a matter or making a decision or recommendation under an enactment or a bylaw, must not give greater or lesser weight to the association of Ngāti Mutunga o Wharekauri with the statutory area or the recognition area than that person would give if there were no statutory acknowledgement or deed of recognition for the statutory area or recognition area. Subsection (2) does not limit subsection (1) . This section is subject to— a the other provisions of this subpart; and b any obligation imposed on the Minister of Conservation or the Director-General by the deed of recognition. 41 Rights not affected The statutory acknowledgement and deed of recognition— a do not affect the lawful rights or interests of a person who is not a party to the deed of settlement; and b do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the statutory area or recognition area. This section is subject to the other provisions of this subpart. 42 Amendment to Resource Management Act 1991 This section amends the Resource Management Act 1991. In Schedule 11, insert in its appropriate alphabetical order: Ngāti Mutunga o Wharekauri Claims Settlement Act 2026 43 Interpretation In this subpart,— Act means the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board has the meaning given in section 4 of the Act official geographic name has the meaning given in section 4 of the Act. 44 Official geographic names A name specified in the second column of the table in clause 5.28 of the deed of settlement is the official geographic name of the feature described in the third and fourth columns of that table. Each official geographic name is to be treated as if it were an official geographic name that takes effect on the settlement date by virtue of a determination of the Board made under section 19 of the Act. 45 Publication of official geographic names The Board must, as soon as practicable after the settlement date, give public notice, in accordance with section 21(2) and (3) of the Act, of each official geographic name specified under section 44 . The notice must state that each official geographic name became an official geographic name on the settlement date. 46 Subsequent alteration of official geographic names In making a determination to alter the official geographic name of a feature named under this subpart, the Board— a need not comply with section 16, 17, 18, 19(1), or 20 of the Act; but b must have the written consent of the trustee. To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3) of the Act. 47 Amendments to Conservation Act 1987 This section amends the Conservation Act 1987. After section 6P(7C), insert: 7CA A Board whose area of jurisdiction includes the Chatham Islands must consist of— a 1 person to be appointed by the Minister on the recommendation of the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust (as defined in section 12 of the Ngāti Mutunga o Wharekauri Claims Settlement Act 2026 ); and b not more than 11 persons appointed under subsection (2). In section 6P(7D), replace (7B)(a) and (7C)(a) with (7B)(a), (7C)(a), and (7CA)(a) . 48 Interpretation In this subpart,— Chatham Islands Conservation Management Strategy means each conservation management strategy that applies to the Chatham Islands operational activity means any on-site work undertaken by, or on behalf of, the Director-General or the Department of Conservation and includes (but is not limited to) restoration work, capital projects, maintenance projects, pest and weed control, and species management specified islands, islets, and reefs means the islands, islets, and reefs— a located offshore from Chatham Island and Pitt Island (Rangiauria); and b identified by name and position on the map in part 5 of the attachments statement of interest means the statement— a made by Ngāti Mutunga o Wharekauri of their ancestral, spiritual, cultural, and historical associations with the specified islands, islets, and reefs; and b set out in part 7 of the documents schedule. 49 Director-General to have regard to statement of interest and consult Ngāti Mutunga o Wharekauri The Director-General of Conservation must do the following when planning to undertake an operational activity on any of the specified islands, islets, and reefs: a have regard to the statement of interest: b consult the trustee. 50 Statement of interest to be attached to Chatham Islands Conservation Management Strategy On and from the settlement date, the Director-General must attach the statement of interest to the Chatham Islands Conservation Management Strategy. However, the statement of interest is not— a part of the Chatham Islands Conservation Management Strategy; or b subject to section 17F, 17H, or 17I of the Conservation Act 1987. 51 Customary fishing regulations The responsible Minister must recommend the making of regulations under section 186 of the Fisheries Act 1996 that— a provide for the trustees of the Moriori Imi Settlement Trust and the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust to manage customary fishing in the Wharekauri/Rēkohu fisheries area by appointing kaitiaki/tchieki to issue authorisations for customary fishing: b revoke regulation 5B of the Fisheries (South-East Area Commercial Fishing) Regulations 1986 and replace it by prohibiting commercial fishing in the following (the rāhui areas ): i the same areas of water in which commercial fishing was prohibited by that regulation; or ii any areas of water, whether or not they overlap with those same areas, that— A are in the Wharekauri/Rēkohu fisheries area; and B are places of importance for customary food gathering, as agreed by the trustees of the Moriori Imi Settlement Trust, the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust, and the chief executive of the department responsible for administering the Fisheries Act 1996 ; and C the responsible Minister has consulted about with any persons materially affected by the change in areas; and D the responsible Minister is satisfied are areas that, when closed to commercial fishing, do not prevent persons with a commercial interest in a species from taking their quota entitlement or annual catch entitlement within the quota management area for that species: c provide that the trustees of the Moriori Imi Settlement Trust and the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust may recommend to the responsible Minister that bylaws be made that restrict or prohibit other fishing (customary or recreational) in 1 or more rāhui areas: d require that any restriction or prohibition imposed by the bylaws applies generally to all persons: e require the responsible Minister to make bylaws that are recommended in accordance with regulations made under paragraphs (c) and (d) , unless that Minister considers that the proposed bylaws would have an undue adverse effect on fishing in the Wharekauri/Rēkohu fisheries area: f provide for any other matter required by clause 5.32 of the deed of settlement. However, the responsible Minister must not recommend the making of the regulations unless— a the trustees of the Moriori Imi Settlement Trust and the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust notify that Minister that regulations are required for the management of customary food gathering in relation to the Wharekauri/Rēkohu fisheries area; and b the chief executive of the department responsible for administering the Fisheries Act 1996 , the trustees of the Moriori Imi Settlement Trust, and the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust all agree on the text of the regulations. In this section,— responsible Minister means the Minister that, under the authority of a warrant or with the authority of the Prime Minister, is responsible for administering the Fisheries Act 1996 Wharekauri/Rēkohu fisheries area means the area shown on deed plan TTW-063-04. 52 Definition of deferred selection property In this subpart, deferred selection property means a property described in part 2 of the property redress schedule for which the requirements for transfer under the deed of settlement have been satisfied. 53 The Crown may transfer properties To give effect to part 6 of the deed of settlement, the Crown (acting by and through the chief executive of LINZ) is authorised— a to transfer the fee simple estate in a deferred selection property to the trustee; and b to sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer. 54 Records of title for deferred selection properties This section applies to each deferred selection property that is to be transferred to the trustee under section 53 . However, this section applies only to the extent that— a the property is not all of the land 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. The Registrar-General must, in accordance with a written application by an authorised person,— 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 from the record of title. Subsection (3) is subject to the completion of any survey necessary to create a record of title. In this section and section 55 , authorised person means a person authorised by the chief executive of LINZ for the relevant property. 55 Authorised person may grant covenant for later creation of record of title For the purposes of section 54 , the authorised person may grant a covenant for the later creation of a record of title for a fee simple estate in any deferred selection property. Despite the Land Transfer Act 2017,— a the authorised person may request the Registrar-General to register the covenant under that Act by creating a record of title that records an interest; and b the Registrar-General must comply with the request. 56 Application of other enactments This section applies to the transfer to the trustee of the fee simple estate in a deferred selection property. The transfer is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition. The transfer does not— a limit section 10 or 11 of the Crown Minerals Act 1991; or b affect other rights to subsurface minerals. 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 deed of settlement in relation 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, the transfer. In exercising the powers conferred by section 53 , the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer. Subsection (6) is subject to subsections (2) and (3) . 57 Interpretation In this subpart and Schedule 2 ,— control , for the purposes of paragraph (d) of the definition of Crown body, means,— a for a company, control of the composition of its board of directors; and b for another body, control of the composition of the group that would be its board of directors if the body were a company Crown body means— a a Crown entity, as defined in section 7(1) of the Crown Entities Act 2004; and b a State enterprise, as defined in section 2 of the State-Owned Enterprises Act 1986; and c the New Zealand Railways Corporation; and d a company or body that is wholly owned or controlled by 1 or more of the following: i the Crown: ii a Crown entity: iii a State enterprise: iv the New Zealand Railways Corporation; and e a subsidiary or related company of a company or body referred to in paragraph (d) dispose of , in relation to shared RFR land,— a means— i to transfer or vest the fee simple estate in the land; or ii to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but b to avoid doubt, does not include— i to mortgage, or give a security interest in, the land; or ii to grant an easement over the land; or iii to consent to an assignment of a lease, or to a sublease, of the land; or iv to remove an improvement, a fixture, or a fitting from the land expiry date , in relation to an offer, means its expiry date under sections 61(2)(a) and 62 Health New Zealand has the meaning given in section 4 of the Pae Ora (Healthy Futures) Act 2022 Moriori Imi Settlement Trust has the meaning given in section 12 of the Moriori Claims Settlement Act 2021 notice means a notice given under this subpart offer means an offer by an RFR landowner, made in accordance with section 61 , to dispose of shared RFR land to the trustees of an offer trust offer trust means each of the following: a Te Korowai o Ngāti Mutunga o Wharekauri Trust: b the Moriori Imi Settlement Trust public work has the meaning given in section 2 of the Public Works Act 1981 recipient trust means the 1 offer trust whose trustees accept an offer to dispose of shared RFR land under section 64 related company has the meaning given in section 2(3) of the Companies Act 1993 RFR area means the area shown on SO 536545 RFR date means 17 February 2025 RFR landowner , in relation to shared RFR land,— a means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and b means a Crown body, if the body holds the fee simple estate in the land; and c includes a local authority to which shared RFR land has been disposed of— i before the settlement date, under section 100(1) of the Moriori Claims Settlement Act 2021; or ii on or after the settlement date, under section 67(1) ; but d to avoid doubt, does not include an administering body in which shared RFR land is vested— i on the settlement date ( see section 101(1) of the Moriori Claims Settlement Act 2021); or ii after the settlement date, under section 68(1) RFR period means the period of 179 years that starts on 17 February 2025, which is the date that is 36 months after the settlement date under the Moriori Claims Settlement Act 2021 shared RFR land has the meaning given in section 58 subsidiary has the meaning given in section 5 of the Companies Act 1993 trustees of a recipient trust means,— a if the recipient trust is Te Korowai o Ngāti Mutunga o Wharekauri Trust, the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust; and b if the recipient trust is the Moriori Imi Settlement Trust, the trustees of the Moriori Imi Settlement Trust trustees of an offer trust means each of the following: a the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust: b the trustees of the Moriori Imi Settlement Trust. 58 Meaning of shared RFR land In this subpart, shared RFR land — a means— i the land described in part 4 of the attachments that, on the RFR date, was held in fee simple by Health New Zealand; and ii the land that is within the RFR area that on the RFR date— A was vested in the Crown; or B was held in fee simple by the Crown; and b includes any land that, before the settlement date, was obtained in exchange for a disposal of shared RFR land under section 105(1)(c) or 106 of the Moriori Claims Settlement Act 2021; and c includes any land obtained in exchange for a disposal of shared RFR land under section 72(1)(c) or 73 ; but d does not include any land described in paragraph (a) or (b) if, on the settlement date, the land— i has ceased to be shared RFR land in any of the circumstances described in section 90(2)(a), (b), (c), or (d) of the Moriori Claims Settlement Act 2021; or ii is subject to a contract formed under section 98 of the Moriori Claims Settlement Act 2021. Land ceases to be shared RFR land if— a the fee simple estate in the land transfers from the RFR landowner to— i the trustee or its nominee (for example, under section 53 in the case of a deferred selection property, or under a contract formed under section 65 ); or ii the trustees of the Moriori Imi Settlement Trust or their nominee (for example, under a contract formed under section 65 , or under section 85 of the Moriori Claims Settlement Act 2021); or iii any other person (including the Crown or a Crown body) under section 60(d) ; or b the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body— i under any of sections 69 to 76 (which relate to permitted disposals of RFR land); or ii under any matter referred to in section 77(1) (which specifies matters that may override the obligations of an RFR landowner under this subpart); or c the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 87 ; or d a notice is given under section 59(2) ; or e the RFR period for the land ends. 59 Shared RFR land required for shared redress This section applies to shared RFR land that is required as a property to be shared by Moriori and Ngāti Mutunga o Wharekauri under an enactment that provides for their shared redress. The Minister for Treaty of Waitangi Negotiations must give notice to both the RFR landowner and the trustees of the 2 offer trusts that the land ceases to be shared RFR land. The notice may be given at any time before a contract is formed under section 65 for the disposal of the land. In this section, Moriori has the meaning given in section 13 of the Moriori Claims Settlement Act 2021. 60 Restrictions on disposal of shared RFR land An RFR landowner must not dispose of shared RFR land to a person other than the trustees of a recipient trust or their nominee unless the land is disposed of— a under any of sections 66 to 76 ; or b under any matter referred to in section 77(1) ; or c in accordance with a waiver or variation given under section 87 ; or d within 2 years after the expiry date of an offer by the RFR landowner to dispose of the land to the trustees of an offer trust if the offer to those trustees was— i made in accordance with section 61 ; and ii made on terms that were the same as, or more favourable to those trustees than, the terms of the disposal to the person; and iii not withdrawn under section 63 ; and iv not accepted under section 64 . 61 Requirements for offer An offer by an RFR landowner to dispose of shared RFR land to the trustees of an offer trust must be by notice to the trustees of the 2 offer trusts. The notice must include— a the terms of the offer, including its expiry date; and b the legal description of the land, including any interests affecting it, and the reference for any record of title for the land; and c a street address for the land (if applicable); and d a street address, postal address, and fax number or electronic address for the trustees of an offer trust to give notices to the RFR landowner in relation to the offer. 62 Expiry date of offer The expiry date of an offer must be on or after the date that is 40 working days after the date on which the trustees of each offer trust receive notice of the offer. However, the expiry date of an offer may be on or after the date that is 20 working days after the date on which those trustees receive notice of the offer if— a those trustees received an earlier offer to dispose of the land; and b the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and c the earlier offer was not withdrawn. If the RFR landowner has received notice of acceptance from the trustees of 2 offer trusts at the end of the expiry date specified in the notice of offer given under section 61 , the expiry date is extended to the 20th working day after the day on which those trustees receive the RFR landowner’s notice given under section 64(4) . 63 Withdrawal of offer The RFR landowner may, by notice to the trustees of the 2 offer trusts, withdraw an offer at any time before it is accepted. 64 Acceptance of offer The trustees of an offer trust may, by notice to the RFR landowner who made an offer, accept the offer if— a it has not been withdrawn; and b its expiry date has not passed. Those trustees must accept all the shared RFR land offered, unless the offer permits them to accept less. The offer is accepted only if the RFR landowner has received notice of acceptance from the trustees of only 1 offer trust at the end of the expiry date. If the RFR landowner has received notice of acceptance from the trustees of 2 offer trusts at the end of the expiry date specified in the notice of offer given under section 61 , the RFR landowner has 10 working days to give notice to the trustees of the 2 offer trusts. The RFR landowner’s notice must state that— a notice of acceptance has been received from the trustees of both offer trusts; and b the offer may be accepted by the trustees of only 1 of the offer trusts before the end of the 20th working day after the day on which they receive the RFR landowner’s notice. 65 Formation of contract If the trustees of an offer trust accept an offer by an RFR landowner to dispose of shared RFR land, a contract for the disposal of the land is formed between the RFR landowner and those trustees on the terms in the offer. The terms of the contract may be varied by written agreement between the RFR landowner and those trustees. Under the contract, those trustees may nominate any person (the nominee ) to receive the transfer of the shared RFR land. Those trustees may nominate a nominee only if— a the nominee is lawfully able to hold the shared RFR land; and b notice is given to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle. The notice must specify— a the full name of the nominee; and b any other details about the nominee that the RFR landowner needs in order to transfer the shared RFR land to the nominee. If those trustees nominate a nominee, they remain liable for the obligations of the transferee under the contract. 66 Disposal to the Crown or Crown bodies An RFR landowner may dispose of shared RFR land to— a the Crown; or b a Crown body. To avoid doubt, the Crown may dispose of shared RFR land to a Crown body in accordance with section 563 of the Education and Training Act 2020. 67 Disposal of existing public works to local authorities An RFR landowner may dispose of shared RFR land that is a public work or part of a public work, in accordance with section 50 of the Public Works Act 1981, to a local authority, as defined in section 2 of that Act. To avoid doubt, if shared RFR land is disposed of to a local authority under subsection (1) , the local authority becomes— a the RFR landowner of the land; and b subject to the obligations of an RFR landowner under this subpart. 68 Disposal of reserves to administering bodies An RFR landowner may dispose of shared RFR land in accordance with section 26 or 26A of the Reserves Act 1977. To avoid doubt, if shared RFR land that is a reserve is vested in an administering body under subsection (1) , the administering body does not become— a the RFR landowner of the land; or b subject to the obligations of an RFR landowner under this subpart. However, if shared RFR land vests back in the Crown under section 25 or 27 of the Reserves Act 1977, the Crown becomes— a the RFR landowner of the land; and b subject to the obligations of an RFR landowner under this subpart. 69 Disposal in accordance with obligations under enactment or rule of law An RFR landowner may dispose of shared RFR land in accordance with an obligation under any enactment or rule of law. 70 Disposal in accordance with legal or equitable obligations An RFR landowner may dispose of shared RFR land in accordance with— a a legal or an equitable obligation that— i was unconditional before the RFR date; or ii was conditional before the RFR date but became unconditional on or after the RFR date; or iii arose after the exercise (whether before, on, or after the RFR date) of an option existing before the RFR date; or b the requirements, existing before the RFR date, of a gift, an endowment, or a trust relating to the land. 71 Disposal under certain legislation An RFR landowner may dispose of shared RFR land in accordance with— a section 54(1)(d) of the Land Act 1948; or b section 34, 43, or 44 of the Marine and Coastal Area (Takutai Moana) Act 2011; or c section 355(3) of the Resource Management Act 1991; or d an Act that— i excludes the land from a national park within the meaning of the National Parks Act 1980; and ii authorises that land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987, the National Parks Act 1980, or the Reserves Act 1977. 72 Disposal of land held for public works An RFR landowner may dispose of shared RFR land in accordance with— a section 40(2) or (4) or 41 of the Public Works Act 1981 (including as applied by another enactment); or b section 52, 105(1), 106, 114(3), 117(7), or 119 of the Public Works Act 1981; or c section 117(3)(a) of the Public Works Act 1981; or d section 117(3)(b) of the Public Works Act 1981 if the land is disposed of to the owner of adjoining land; or e section 23(1) or (4), 24(4), or 26 of the New Zealand Railways Corporation Restructuring Act 1990. To avoid doubt, shared RFR land may be disposed of by an order of the Māori Land Court under section 134 of Te Ture Whenua Maori Act 1993, after an application by an RFR landowner under section 41(1)(e) of the Public Works Act 1981. 73 Disposal for reserve or conservation purposes An RFR landowner may dispose of shared RFR land in accordance with— a section 15 of the Reserves Act 1977; or b section 16A or 24E of the Conservation Act 1987. 74 Disposal for charitable purposes An RFR landowner may dispose of shared RFR land as a gift for charitable purposes. 75 Disposal to tenants The Crown may dispose of shared RFR land,— a if the land was held on the RFR date for education purposes, to a person who, immediately before the disposal, is a tenant of the land or all or part of a building on the land; or b under section 67 of the Land Act 1948, if the disposal of the land is to a lessee under a lease of the land granted— i before the RFR date; or ii on or after the RFR date under a right of renewal in a lease granted before the RFR date; or c under section 93(4) of the Land Act 1948. 76 Disposal by Health New Zealand Health New Zealand, or any of its subsidiaries, may dispose of shared RFR land to any person if the Minister of Health has given notice to the trustees of the 2 offer trusts that, in the Minister's opinion, the disposal will achieve, or assist in achieving, Health New Zealand’s objectives. 77 RFR landowner’s obligations subject to other matters An RFR landowner’s obligations under this subpart in relation to shared RFR land are subject to— a any other enactment or rule of law except that, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and b any interest or legal or equitable obligation— i that prevents or limits an RFR landowner’s disposal of shared RFR land to the trustees of an offer trust; and ii that the RFR landowner cannot satisfy by taking reasonable steps; and c the terms of a mortgage over, or security interest in, shared RFR land. Reasonable steps , for the purposes of subsection (1)(b)(ii) , does not include steps to promote the passing of an enactment. 78 Notice to LINZ of shared RFR land with record of title after settlement date If a record of title is first created for shared RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the record of title has been created. If land for which there is a record of title becomes shared RFR land after the settlement date, the RFR landowner must give the chief executive of LINZ notice that the land has become shared RFR land. The notice must be given as soon as is reasonably practicable after a record of title is first created for the shared RFR land or after the land becomes shared RFR land. The notice must include the legal description of the land and the reference for the record of title. 79 Notice to trustees of offer trusts if disposal of shared RFR land being considered This section applies if an RFR landowner is considering whether to dispose of shared RFR land in a way that may require an offer under this subpart. The RFR landowner must give notice to the trustees of the 2 offer trusts that, if the landowner decides to dispose of the land, the landowner may be required to offer the land to the trustees of an offer trust under this subpart. The notice must be given immediately before the RFR landowner starts the processes under any of the following provisions, as relevant: a section 52 of the Land Act 1948: b section 23 or 24 of the New Zealand Railways Corporation Restructuring Act 1990: c section 40 of the Public Works Act 1981 (if the tests in section 40(1) of that Act are met): d any other enactment that regulates or applies to the disposal of the land. The notice must include— a the legal description of the land; and b the reference for any record of title for the land; and c the street address for the land (if applicable); and d if the land does not have a street address, a description or diagram with enough information to enable a person who is not familiar with the land to locate it. To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under— a section 564(3) of the Education and Training Act 2020 (concerning the application of sections 40 to 42 of the Public Works Act 1981 to transfers of land under the Education and Training Act 2020); or b sections 23(1) and 24(4) of the New Zealand Railways Corporation Restructuring Act 1990 (concerning the disposal of land of the Corporation); or c section 40 of the Public Works Act 1981 (concerning the requirement to offer back surplus land to a previous owner), or that section as applied by another enactment. In this section, dispose of means to transfer the fee simple estate in the land. 80 Notice to trustees of offer trusts of disposal of shared RFR land to others An RFR landowner must give the trustees of the 2 offer trusts notice of the disposal of shared RFR land by the landowner to a person other than the trustees of an offer trust or their nominee. The notice must be given on or before the date that is 20 working days before the day of the disposal. The notice must include— a the legal description of the land, including any interests affecting it; and b the reference for any record of title for the land; and c the street address for the land (if applicable); and d the name of the person to whom the land is being disposed of; and e an explanation of how the disposal complies with section 60 ; and f if the disposal is to be made under section 60(d) , a copy of any written contract for the disposal. 81 Notice to LINZ of land ceasing to be shared RFR land Subsections (2) and (3) apply if land contained in a record of title is to cease being shared RFR land because— a the fee simple estate in the land is to transfer from the RFR landowner to— i the trustee or its nominee (for example, under section 53 in the case of a deferred selection property, or under a contract formed under section 65 ); or ii the trustees of the Moriori Imi Settlement Trust or their nominee (for example, under a contract formed under section 65 , or under section 85 of the Moriori Claims Settlement Act 2021); or iii any other person (including the Crown or a Crown body) under section 60(d) ; or b the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body— i under any of sections 69 to 76 ; or ii under any matter referred to in section 77(1) ; or c the fee simple estate in the land is to transfer or vest from the RFR landowner in accordance with a waiver or variation given under section 87 . The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being shared RFR land. The notice must include— a the legal description of the land; and b the reference for the record of title for the land; and c the details of the transfer or vesting of the land. Subsections (5) and (6) apply if land contained in a record of title ceases to be shared RFR land because a notice is given under section 59 in relation to the land. The RFR landowner must, as soon as practicable after receiving the notice under section 59 , give the chief executive of LINZ notice that the land has ceased to be shared RFR land. The notice must include— a the legal description of the land; and b the reference for the record of title for the land; and c a copy of the notice given under section 59 . 82 Notice requirements Schedule 2 applies to notices given under this subpart by or to— a an RFR landowner; or b the trustees of an offer trust or a recipient trust. 83 Right of first refusal to be recorded on records of title for shared RFR land The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the records of title for,— a the shared RFR land for which there is a record of title on the settlement date; and b the shared RFR land for which a record of title is first created after the settlement date; and c land for which there is a record of title that becomes shared RFR land after the settlement date. The chief executive must issue a certificate as soon as is reasonably practicable— a after the settlement date, for shared RFR land for which there is a record of title on the RFR date; or b after receiving a notice under section 78 that a record of title has been created for the shared RFR land or that the land has become shared RFR land, for any other land. Each certificate must state that it is issued under this section. The chief executive must provide a copy of each certificate to the trustees of the 2 offer trusts as soon as is reasonably practicable after issuing the certificate. The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each record of title for the shared RFR land identified in the certificate that the land is— a shared RFR land, as defined in section 58 ; and b subject to this subpart (which restricts disposal, including leasing, of the land). 84 Removal of notations when land to be transferred or vested The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 81(2) , issue to the Registrar-General a certificate that includes— a the legal description of the land; and b the reference for the record of title for the land; and c the details of the transfer or vesting of the land; and d a statement that the certificate is issued under this section. The chief executive must provide a copy of each certificate to the trustees of the 2 offer trusts as soon as is reasonably practicable after issuing the certificate. If the Registrar-General receives a certificate issued under this section, the Registrar-General must, immediately before registering the transfer or vesting described in the certificate, remove from the record of title identified in the certificate any notation recorded under section 83 for the land described in the certificate. 85 Removal of notations if notice given under section 59 The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice under section 81(5) , issue to the Registrar-General a certificate that includes— a the legal description of the land; and b the reference for the record of title for the land; and c a copy of the notice given under section 59 ; and d a statement that the certificate is issued under this section. The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove from the record of title identified in the certificate any notation recorded under section 83 for the land described in the certificate. 86 Removal of notations when RFR period ends The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends in respect of any shared RFR land, issue to the Registrar-General a certificate that includes— a the reference for each record of title for that shared RFR land that still has a notation recorded under section 83 ; and b a statement that the certificate is issued under this section. The chief executive must provide a copy of each certificate to the trustees of the 2 offer trusts as soon as is reasonably practicable after issuing the certificate. The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any notation recorded under section 83 from any record of title identified in the certificate. 87 Waiver and variation The trustees of an offer trust may, by notice to an RFR landowner, waive any or all of the rights those trustees have in relation to the landowner under this subpart. The trustees of an offer trust and an RFR landowner may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart. A waiver or an agreement under this section is on the terms, and applies for the period, specified in it. 88 Disposal of Crown bodies not affected This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body. 89 Assignment of rights and obligations under this subpart Subsection (3) applies if the RFR holder— a assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional document; and b has given the notices required by subsection (2) . The RFR holder must give notices to each RFR landowner that— a state that the RFR holder's rights and obligations under this subpart are being assigned under this section; and b specify the date of the assignment; and c specify the names of the assignees and, if they are the trustees of a trust, the name of the trust; and d specify the street address, postal address, and fax number or electronic address for notices to the assignees. This subpart and Schedule 2 apply to the assignees (instead of to the RFR holder) as if the assignees were the trustees of the relevant offer trust, with any necessary modifications. In this section,— constitutional document means the trust deed or other instrument adopted for the governance of the RFR holder RFR holder means the 1 or more persons who have the rights and obligations of the trustees of an offer trust under this subpart, because— a they are the trustees of the offer trust; or b they have previously been assigned those rights and obligations under this section. 1 Statutory area and recognition area The following table is small in size and has 2 columns. Column 1 is headed Statutory area and column 2 is headed Location. Statutory area Location Coastal statutory acknowledgement area As shown on TTW-063-02 Cannon – Peirce Scenic Reserve Chudleigh Conservation Area Hāpūpū / J M Barker Historic Reserve Harold Peirce Memorial Scenic Reserve Henga Scenic Reserve Manauea / Ocean Mail Scenic Reserve Mangape Creek Conservation Area Mangere Island Nature Reserve Marginal Strip—Hanson Bay North Marginal Strip—Hanson Bay South Marginal Strip—Lake Huro Marginal Strip—Lake Kaingarahu Marginal Strip—Lake Makuku Marginal Strip—Lake Taia Marginal Strip—Owenga Marginal Strip—Pacific Ocean Marginal Strip—Petre Bay Marginal Strip—Pitt Strait Marginal Strip—Te Awainanga River—Te Whanga Lagoon Marginal Strip—Te Whanga Lagoon Marginal Strip—Waikawa Islands Marginal Strip—Waitangi Nikau Bush Conservation Area Part Tikitiki Hill Conservation Area Rangatira Nature Reserve Scenic Reserve—Chudleigh Scenic Reserve—Lake Rotokawau Scenic Reserve—Lower Nikau Bush Scenic Reserve—Owenga Scenic Reserve—Punakokowai / Tangepu Scenic Reserve—Tioriori / Green Swamp Scenic Reserve—Wharekauri coastal strip Taia Bush Historic Reserve Te Awatea Scenic Reserve Te One Base Te One Conservation Area Thomas Mohi Tuuta (Rangaika) Scenic Reserve Tuku Nature Reserve Waikokopu / Canister Cove Scenic Reserve Waipaua Conservation Area Waipāua Scenic Reserve Waitangi Conservation Area 2 Notices in relation to shared RFR land A notice by or to an RFR landowner or the trustees of an offer trust or the trustees of a recipient trust under subpart 2 of Part 3 must be— a in writing and signed by— i the person giving it; or ii for a notice given by the trustees of the Moriori Imi Settlement Trust, at least 2 of the trustees of that trust; or iii for a notice given by the trustee of Te Korowai o Ngāti Mutunga o Wharekauri, at least 2 of the directors of that trustee; and b addressed to the recipient at the street address, postal address, fax number, or electronic address,— i for a notice to the trustees of an offer trust or the trustees of a recipient trust, specified for those trustees in accordance with the deed of settlement, or in a later notice given by those trustees to the RFR landowner, or identified by the RFR landowner as the current address, fax number, or electronic address of those trustees; or ii for a notice to an RFR landowner, specified by the RFR landowner in an offer made under section 61 , or in a later notice given to those trustees, or identified by those trustees as the current address, fax number, or electronic address of the RFR landowner; and c for a notice given under section 78 or 81 , addressed to the chief executive of LINZ at the Wellington office of LINZ; and d given by— i delivering it by hand to the recipient’s street address; or ii posting it to the recipient’s postal address; or iii faxing it to the recipient’s fax number; or iv sending it by electronic means such as email. Despite clause 1 , a notice given in accordance with clause 1(a) may be given by electronic means as long as the notice is given with an electronic signature that satisfies section 226(1)(a) and (b) of the Contract and Commercial Law Act 2017. A notice is to be treated as having been received— a at the time of delivery, if delivered by hand; or b on the sixth day after posting, if posted; or c at the time of transmission, if faxed or sent by other electronic means. However, a notice is to be treated as having been received on the next working day if, under subclause (1) , it would be treated as having been received— a after 5 pm on a working day; or b on a day that is not a working day.