Rēkohu Wharekauri Shared Redress Bill

Rēkohu Wharekauri Shared Redress Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT This Bill gives effect to elements of the Rēkohu Wharekauri Shared Redress Deed (the shared redress deed ). The shared redress deed specifies the shared cultural, natural resources, and commercial redress as contemplated by the deed of settlement signed between Moriori and the Crown on 14 February 2020 and the deed of settlement signed by Ngāti Mutunga o Wharekauri and the Crown on 17 August 2026. The Bill will not settle any historical claims for either Moriori or Ngāti Mutunga o Wharekauri. Moriori historical claims were settled through the Moriori Claims Settlement Act 2021. Ngāti Mutunga o Wharekauri historical claims will be settled by the Ngāti Mutunga o Wharekauri Claims Settlement Bill. The Bill will vest shared cultural redress properties in equal undivided shares in the trustees of the Moriori Imi Settlement Trust and the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust, as follows: 4 properties at Tikitiki Hill Conservation Area in fee simple, one of which will be administered as a scenic reserve by a joint management board; and Te Whanga Lagoon and 5 associated sites in fee simple, to be administered by the Te Whanga Lagoon Management Board. The Te Whanga Lagoon Management Board will act as the landowner for Te Whanga Lagoon and the associated sites. The Board’s membership includes appointees by the trustees of the Moriori Imi Settlement Trust and the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust, the Chatham Islands Council, and the Director-General of Conservation. The Board will co-ordinate and oversee how the lagoon is managed, including by providing leadership, protecting and enhancing the cultural, spiritual, and ecological values of the lagoon, and acting as guardian for the lagoon. The Bill establishes a permanent Joint Planning Committee of the Chatham Islands Council. Members of the committee include Councillors and appointees by the Moriori Imi Settlement Trust and the Te Korowai o Ngāti Mutunga o Wharekauri Trust. The committee’s purpose is to oversee the development and review of the resource management documents applying in the Chatham Islands and provide for participation of Moriori and Ngāti Mutunga o Wharekauri in their development. The Bill also includes provisions enabling trustees of the Moriori Imi Settlement Trust to nominate a member of the Chatham Islands Conservation Board. The equivalent provisions for the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust are contained in the Ngāti Mutunga o Wharekauri Claims Settlement Bill. The shared cultural redress also includes shared official geographic names and shared alternative official geographic names. The shared commercial redress includes an option to purchase the Kaingaroa School (land only) through a deferred selection property process. CLAUSE BY CLAUSE ANALYSIS Clause 1 states the Title of the Bill. Clause 2 specifies the commencement date of the Bill as the day after Royal assent. PRELIMINARY MATTERS Clause 3 sets out the purpose of the Bill. Clause 4 provides that the provisions of the Bill take effect on the settlement date unless otherwise provided for. Clause 5 provides that the Bill binds the Crown. Clause 6 gives an outline of the Bill. Clause 7 sets out the general approach to interpreting the Bill; and clause 8 defines terms used in the Bill. Clause 9 excludes the jurisdiction of all courts, tribunals, and other judicial bodies in relation to the shared redress deed, this Bill, or the redress provided under the shared redress deed or this Bill (but not in respect of the interpretation or implementation of the Bill or the shared redress deed). Clause 10 amends the Treaty of Waitangi Act 1975 to remove the jurisdiction of the Waitangi Tribunal as provided for in clause 9 . Clause 11 provides for public access to the shared redress deed. CULTURAL REDRESS OFFICIAL GEOGRAPHIC NAMES Subpart 1 ( clauses 12 to 16 ) provides for changes to official geographic names, provides for alternative official geographic names, and sets out the requirements for publishing notice of each new official geographic name and the process for altering those names. VESTING OF CULTURAL REDRESS PROPERTIES Subpart 2 ( clauses 17 to 47 ) provides for the vesting of cultural redress properties (as defined in clause 17 ). The legal descriptions of the properties are set out in the Schedule. Three properties vest in fee simple, six vest in fee simple but to be administered by a newly set- up board, and a further property (Tikitiki Hill) vests in fee simple to be administered as a reserve. Clauses 42 to 47 provide technical provisions relating to the vested properties, facilitating their vesting and management. TE WHANGA LAGOON MANAGEMENT BOARD Clauses 48 to 52 establish the Board (the Te Whanga Lagoon Management Board ) and set out its purposes, functions, and powers. Clauses 53 to 56 provide for the Board to prepare the management plan for Te Whanga Lagoon; and clauses 57 to 60 , provide for its operational management. Clauses 61 to 67 set out procedural matters relating to the Board, its liabilities, and the funding support for its members. CHATHAM ISLANDS CONSERVATION BOARD Clause 68 amends the Conservation Act 1987 to provide for representation of the Moriori imi on the Board. NATURAL RESOURCES REDRESS: CHATHAM ISLANDS JOINT PLANNING COMMITTEE Clauses 69 to 76 provide for the establishment of the Chatham Islands Joint Planning Committee (the JPC ), its membership, purpose, functions, and powers, as well as the term of office of its members. Clauses 77 to 88 set out technical provisions as to how the JPC is to conduct its business. COMMERCIAL REDRESS Clause 89 provides definitions of terms used in this Part. Clause 90 authorises the Crown to transfer a specified property as commercial redress in order to give effect to the shared redress deed, and clauses 91 to 94 set out technical provisions to facilitate the transfer of the commercial redress. SCHEDULE The Schedule sets out the descriptions of, and current interests in, each of the 10 properties to be vested under the Bill. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Rēkohu Wharekauri Shared Redress Act 2026 . 2 Commencement This Act comes into force on the day after Royal assent. 3 Purpose The purpose of this Act is to give effect to the shared redress provided for in the shared redress deed. 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 shared redress deed. 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 defines terms used in this Act; and e provides for— i the effect of this Act on the jurisdiction of a court, tribunal, or other judicial body in respect of the shared redress; and ii a consequential amendment to the Treaty of Waitangi Act 1975; and iii access to the shared redress deed. Part 2 provides for cultural redress, including— a cultural redress that does not involve the vesting of land, namely the provision of official geographic names, including alternative official geographic names; and b cultural redress requiring vesting of the fee simple estate in certain cultural redress properties in— i the trustees of the Moriori Imi Settlement Trust; and ii the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust; and c the establishment and operations of the Te Whanga Lagoon Management Board; and d the right to nominate a person to be a member of the Chatham Islands Conservation Board. Part 3 provides for natural resources redress, by way of establishing and providing for the operation of the Chatham Islands Joint Planning Committee. Part 4 provides for commercial redress, namely the transfer of the deferred selection property. The Schedule sets out the legal descriptions of, and any interests attaching to, the cultural redress properties. 7 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— a Part 7 of the Moriori deed of settlement signed 14 February 2020; and b Part 7 of the Ngāti Mutunga o Wharekauri deed of settlement signed 17 August 2026; and c the shared redress deed. 8 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 shared redress deed conservation area has the meaning given in section 2(1) of the Conservation Act 1987 Council means the Chatham Islands Council constituted under section 6 of the Chatham Islands Council Act 1995 Crown has the meaning given in section 2(1) of the Public Finance Act 1989 cultural redress property has the meaning given in section 17 deferred selection property has the meaning given in section 89 Director-General means the Director-General of Conservation documents schedule means the documents schedule of the shared redress deed governance entities means— a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust 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 Moriori Imi Settlement Trust means the trust of that name established by a trust deed dated 3 December 2018 Ngāti Mutunga o Wharekauri settlement legislation means the legislation that settles the historical claims of Ngāti Mutunga o Wharekauri property redress schedule means the property redress schedule of the shared redress deed 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 reserve has the meaning given in section 2(1) of the Reserves Act 1977 reserve property has the meaning given in section 17 settlement date means the date that is 40 working days after the date on which the Ngāti Mutunga o Wharekauri settlement legislation comes into force shared redress deed — a means the deed entitled Rēkohu Wharekauri Shared Redress Deed, dated 16 September 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 Dianne Kay Grenell and Paula Ann Page, for and on behalf of Ngāti Mutunga o Wharekauri; and iii Dianne Kay Grennell and Paula Ann Page, being directors of Te Korowai o Ngāti Mutunga o Wharekauri Trustee Limited in its capacity as trustee of the 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 Te Korowai o Ngāti Mutunga o Wharekauri Trust means the trust of that name established by a trust deed dated 13 August 2026 Te Whanga Lagoon means the lake of that name comprising the Te Whanga Lagoon property Te Whanga Lagoon and associated sites means the following properties vested in the governance entities under this Act and administered by the Te Whanga Lagoon Management Board: a Te Whanga Lagoon property; and b Wharekauri site 110; and c Wharekauri site 111; and d Wharekauri site 112; and e Wharekauri site 113; and f Wharekauri site 114 Te Whanga Lagoon Management Board (the Board ) means the board established under subpart 3 of Part 2 tikane and tikanga mean customary values and practices trustees of the Moriori Imi Settlement Trust has the meaning given in section 12 of the Moriori Claims Settlement Act 2021 trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust has the meaning given to that term in the Ngāti Mutunga o Wharekauri settlement legislation working day means a day other than— a a Saturday, a 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: b if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday: c a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year: d the days observed as the anniversaries of the Chatham Islands and the province of Wellington. In this Act,— a a reference to the vesting of a cultural redress property, or the vesting of the fee simple estate in a cultural redress property, includes the vesting of an undivided share of the fee simple estate in the property: b a reference to the transfer of the deferred selection property, or the transfer of the fee simple estate in that property, includes the transfer of an undivided share of the fee simple estate in the property. 9 Jurisdiction of courts, etc, excluded On and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or inquire further, or to make a finding or recommendation) in respect of— a the shared redress deed; or b this Act; or c the redress provided under the shared redress deed or this Act. Subsection (1) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the shared redress deed or this Act. 10 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: Rēkohu Wharekauri Shared Redress Act 2026 , section 9 11 Access to shared redress deed The chief executive of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau must make copies of the shared redress deed 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. 12 Interpretation In this subpart,— Act means the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 alternative official geographic name has the meaning given in section 4 of the Act Board has the meaning given in section 4 of the Act official geographic name has the meaning given in section 4 of the Act. 13 Official geographic names A name specified in the second column of the table in clause 3.9 of the shared redress deed is the official geographic name shared by Moriori and Ngāti Mutunga o Wharekauri for the feature described in the third and fourth columns of that table. 14 Alternative official geographic names A name specified in the second column of the table in clause 3.10 of the shared redress deed is the alternative official geographic name shared by Moriori and Ngāti Mutunga o Wharekauri for the feature described in the third and fourth columns of that table. 15 Status and publication of official geographic names and alternative official geographic names Each official geographic name and each alternative 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. 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 and each alternative official geographic name specified under this subpart. The notice must state that each official geographic name and each alternative official geographic name became an official geographic name on the settlement date. 16 Subsequent alteration of official geographic names and alternative official geographic names In making a determination to alter the official geographic name or alternative 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— i the trustees of the Moriori Imi Settlement Trust; and ii the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. 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. 17 Interpretation In this subpart, unless the context requires otherwise,— cultural redress property means each of the following properties, and each property means the land of that name described in the Schedule : Properties vested in fee simple a Paddocks property: b Southern property: c White House property: Properties vested in fee simple to be administered by Te Whanga Lagoon Management Board d Te Whanga Lagoon property: e Wharekauri site 110: f Wharekauri site 111: g Wharekauri site 112: h Wharekauri site 113: i Wharekauri site 114: Property vested in fee simple to be administered as reserve j Tikitiki Hill property existing structure — a means a structure in or on the Te Whanga Lagoon property, to the extent that the structure existed on the settlement date; and b includes a structure whether or not it was or is unlawful or unauthorised lake means— a the space occupied from time to time by the waters of a lake at their highest level without overflowing its banks; and b the airspace above the water of the lake; and c the bed below the water of the lake reserve property means the property named in paragraph (j) of the definition of cultural redress property. 18 Paddocks property The Paddocks property ceases to be a conservation area under the Conservation Act 1987. The fee simple estate in the Paddocks property vests as undivided half shares in the following as tenants in common: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust. Subsections (1) and (2) do not take effect until the Minister of Conservation has provided— a the Council with a registrable easement in gross for a right to convey water and a right to discharge water on the terms and conditions set out in part 1.1 of the documents schedule; and b the Crown, the Council, Chatham Islands Electricity Limited, and Chatham Islands Ports Limited with a registrable right of way easement in gross on the terms and conditions set out in part 1.2 of the documents schedule; and c the Crown with a registrable right of way easement on the terms and conditions set out in part 1.3 of the documents schedule. Despite the vesting under subsection (2) , the water tank, as labelled on deed plan TTW-063/064-02, does not vest. 19 Southern property The Southern property ceases to be a conservation area under the Conservation Act 1987. The fee simple estate in the Southern property vests as undivided half shares in the following as tenants in common: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust. Unless section 21 applies, the Southern property is subject to a ground lease ( see section 20 ). 20 Registered ground lease over Southern property Before the settlement date, the Minister of Education, acting through the Secretary for Education, must provide for a registered lease over the land comprising the Southern property (but excluding improvements on the property) on the terms and conditions set out in part 2 of the documents schedule. The parties to the lease required under subsection (1) are the 2 governance entities as lessor and the Crown as lessee. The initial annual rental must be specified by notice given by the Crown to both governance entities no later than 10 working days before the settlement date, together with the report of an independent valuer that assesses the initial annual rental to be the amount specified in the notice. The lease comes into existence under this section— a immediately upon the vesting of the property under section 19(2) ; and b despite any other enactment or rule of law, whether any or all of the parties have executed the lease. On written application by a person authorised by the Secretary for Education, the Registrar-General must— a create a record of title for the leasehold estate in the Southern property in the name of the Crown; and b register the lease against the records of title for the Southern property. 21 Ground lease over Southern property not required If the improvements on the Southern property become surplus to the requirements of the Ministry of Education, the Crown may, at any time before the settlement date, give written notice to both governance entities that the vesting of the Southern property is not subject to a ground lease. If a notice is given under subsection (1) , the requirements of section 20 no longer apply. 22 White House property The White House property ceases to be a conservation area under the Conservation Act 1987. The fee simple estate in the White House property vests as undivided half shares in the following as tenants in common: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. For the purpose of protecting the historic values of the Commissioner’s Cottage, the White House property is subject to the conditions set out in subsection (4) . The registered owners must not— a demolish or remove the Commissioner’s Cottage, or permit it to be demolished or removed, without the prior written agreement of the Minister of Conservation; or b make structural alterations to the Commissioner’s Cottage, or permit structural alterations to be made to it, without first consulting Heritage New Zealand Pouhere Taonga. Subsections (1) to (4) do not take effect until the Minister of Conservation has provided the Council with a registrable easement in gross for a right to convey water and a right to discharge water on the terms and conditions set out in part 1.4 of the documents schedule. The Registrar-General must note on the records of title for the White House property that the land is subject to the conditions set out in section 22(4) of the Rēkohu Wharekauri Shared Redress Act 2026 . In this section and section 23 , Commissioner’s Cottage means the building located within the area shaded yellow on deed plan TTW-063/064-10, subject to survey. 23 When protections for White House property may cease If the Commissioner’s Cottage is demolished or removed, the Minister of Conservation may authorise in writing that the protection of the building under section 22(3) and (4) is to cease. If an authorisation is given under subsection (1) , the Director-General must apply in writing to the Registrar-General to remove from the records of title for the White House property the notation that the property is subject to section 22(4) . The Registrar-General must comply with an application received in accordance with subsection (2) . 24 Te Whanga Lagoon property The fee simple estate in the Te Whanga Lagoon property vests as undivided half shares in the following as tenants in common: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust. The Te Whanga Lagoon Management Board must administer the Te Whanga Lagoon property. To avoid doubt, the vesting does not give any rights to, or impose any obligations on, the governance entities and the Board in relation to— a the waters of Te Whanga Lagoon; or b the aquatic life of Te Whanga Lagoon (other than plants attached to the bed of the lake). To the extent that the Te Whanga Lagoon property has moveable boundaries, the boundaries are governed by the common law rules of accretion, erosion, and avulsion. 25 Existing structures This section applies to the Te Whanga Lagoon property. Despite the vesting under section 24(1) , an existing structure— a does not vest in the governance entities; but b may remain in or on the Te Whanga Lagoon property without the consent of, and without charge by, the Te Whanga Lagoon Management Board; and c may be used, occupied, accessed, repaired, maintained, removed, or demolished at any time without the consent of, and without charge by, the Te Whanga Lagoon Management Board. However, if the owner of an existing structure removes or demolishes the structure, the Te Whanga Lagoon Management Board may require the owner of the structure to leave the Te Whanga Lagoon property in a clean and tidy condition. 26 Wharekauri site 110 The fee simple estate in Wharekauri site 110 vests as undivided half shares in the following as tenants in common: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. The Te Whanga Lagoon Management Board must administer Wharekauri site 110. 27 Wharekauri site 111 The fee simple estate in Wharekauri site 111 vests as undivided half shares in the following, as tenants in common: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. The Te Whanga Lagoon Management Board must administer Wharekauri site 111. 28 Wharekauri site 112 The fee simple estate in Wharekauri site 112 vests as undivided half shares in the following as tenants in common: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. The Te Whanga Lagoon Management Board must administer Wharekauri site 112. 29 Wharekauri site 113 The fee simple estate in Wharekauri site 113 vests as undivided half shares in the following as tenants in common: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. The Te Whanga Lagoon Management Board must administer Wharekauri site 113. 30 Wharekauri site 114 The fee simple estate in Wharekauri site 114 vests as undivided half shares in the following as tenants in common: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. The Te Whanga Lagoon Management Board must administer Wharekauri site 114. 31 Transfer of Te Whanga Lagoon and associated sites The registered owners of an undivided half share in the fee simple estate in Te Whanga Lagoon and associated sites may transfer that share if— a the transferees are the trustees of the same trust in whose trustees the share was vested by this Act; and b the instrument to transfer the share is accompanied by a certificate given by the transferees, or their lawyer, verifying that paragraph (a) applies. The registered owners of Te Whanga Lagoon and associated sites must not mortgage, or give a security interest in, Te Whanga Lagoon and associated sites. 32 Interests in land: Te Whanga Lagoon property and associated sites This section applies to Te Whanga Lagoon and associated sites. Any interest in land that affects the properties must be dealt with for the purposes of registration as if the Te Whanga Lagoon Management Board were the registered owner of the property. 33 Interests that are not interests in land This section applies to the following cultural redress properties, each of which is subject to an interest other than an interest in land: a Wharekauri site 110; and b Wharekauri site 111; and c Wharekauri site 112; and d Wharekauri site 113; and e Wharekauri site 114. The interest to which subsection (1) refers is an unregistered licence to occupy that— a is listed for the property in the Schedule ; and b applies to each property named in subsection (1) as if the Te Whanga Lagoon Management Board were the grantor of the interest in respect of the properties. The interest applies— a until the interest expires or is terminated, but any subsequent transfer of the property must be ignored in determining whether the interest expires or is or may be terminated; and b with any other necessary modifications; and c despite any change in status of the land in the property. 34 Tikitiki Hill property The Tikitiki Hill property ceases to be a conservation area under the Conservation Act 1987. The fee simple estate in the Tikitiki Hill property vests as undivided half shares in the following as tenants in common: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. The Tikitiki Hill property is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977. The reserve is named Tikitiki Hill Scenic Reserve. The joint management body established by section 43 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve as if it were vested in that body (as if the body were trustees) under section 26 of that Act. Subsection (5) applies despite any subsequent transfer of the property under section 45 . Subsections (1) to (6) do not take effect until the Minister of Conservation has provided— a Chatham Islands Electricity Limited with a registrable easement in gross for a right to convey electricity on the terms and conditions set out in part 1.5 of the documents schedule; and b Chatham Islands Ports Limited with a registrable right of way easement in gross on the terms and conditions set out in part 1.6 of the documents schedule. Despite the vesting under subsection (2) , the water pipe, as shown by a blue pecked line on deed plan TTW-063/064-01, does not vest. 35 Interests in land: Tikitiki Hill reserve land This section applies to all or the part of the Tikitiki Hill property that remains a reserve under the Reserves Act 1977 (the reserve land ), but only while the reserve land has an administering body that is treated as if the land were vested in it. The interests in land listed for the Tikitiki Hill property in the Schedule apply as if the administering body were the grantor of those interests in respect of the reserve land. Any interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered owner of the reserve land. Subsections (2) and (3) continue to apply despite any subsequent transfer of the reserve land under section 45 . 36 Properties vest subject to or together with interests Each cultural redress property vested under this subpart is subject to, or has the benefit of, any interests listed for the property in the third column of the table in the Schedule . 37 Registration of ownership This section applies to a cultural redress property that is vested in the governance entities under this subpart. The Registrar-General must, in accordance with a written application by an authorised person,— a create a record of title for an undivided half share of the fee simple estate in the property in the names of the trustees of the Moriori Imi Settlement Trust; and b create a record of title for an undivided half share of the fee simple estate in the property in the name of the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. The Registrar-General must record on each record of title created under subsection (2) any interests that are registered, noted, or to be noted and that are described in the application. Subsection (2) is subject to the completion of any survey necessary to create a record of title. The records of title required under subsection (2) must be created as soon as is reasonably practicable after the settlement date, but not later than— a 24 months after the settlement date; or b any later date that is agreed in writing by the Crown and the governance entities. In this section, authorised person means a person authorised by— a the chief executive of the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau for the Te Whanga Lagoon property: b the chief executive of LINZ for the following properties: i Wharekauri site 110: ii Wharekauri site 111: iii Wharekauri site 112: iv Wharekauri site 113: v Wharekauri site 114: c the Director-General, for all other cultural redress properties. 38 Application of Part 4A of Conservation Act 1987 The vesting of the fee simple estate in a cultural redress property in the governance entities under this subpart 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. Section 24 of the Conservation Act 1987 does not apply to the vesting of the following properties: a Tikitiki Hill property: b Wharekauri site 110: c Wharekauri site 111: d Wharekauri site 112: e Wharekauri site 113: f Wharekauri site 114. Part 4A of the Conservation Act 1987 does not apply to the vesting of the Te Whanga Lagoon property. If the reservation of the reserve property under this subpart is revoked for all or part of the property, the vesting of the property is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property. Subsections (2) and (4) do not limit subsection (1) . 39 Matters to be recorded on records of title The Registrar-General must record on the records of title created under section 37 — a for the Tikitiki Hill property,— i that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and ii that the land is subject to sections 35(3), 38(4), and 45 of the Rēkohu Wharekauri Shared Redress Act 2026 ; and b for each of the Wharekauri sites listed in section 38(2)(b) to (f) ,— i that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and ii that the land is subject to sections 31 and 32 of the Rēkohu Wharekauri Shared Redress Act 2026 ; and c for the Te Whanga Lagoon property, that— i Part 4A of the Conservation Act 1987 does not apply; but ii the land is subject to sections 31 and 32 of the Rēkohu Wharekauri Shared Redress Act 2026 ; and d for any other cultural redress property, that the land is subject to Part 4A of the Conservation Act 1987. A notation made under subsection (1) that land is subject to Part 4A of the Conservation Act 1987 is to be treated as having been made in compliance with section 24D(1) of that Act. If the reservation of the Tikitiki Hill property under the Reserves Act 1977 is revoked for— a all of the property, the Director-General must apply in writing to the Registrar-General to remove from any record of title created under section 37 for the property the notations that— i section 24 of the Conservation Act 1987 does not apply to the property; and ii the property is subject to sections 35(3), 38(4), and 45 ; or b part of the property, the Registrar-General must ensure that the notations referred to in paragraph (a) remain only on any record of title, created under section 37 or derived from a record of title created under that section, for the part of the property that remains a reserve. The Registrar-General must comply with an application received in accordance with subsection (3)(a) . 40 Application of other enactments The vesting of the fee simple estate in a cultural redress property under this subpart 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 shared redress deed in relation to a cultural redress property. Section 11 and Part 10 of the Resource Management Act 1991 do not apply to— a the vesting of the fee simple estate in a cultural redress property under this subpart; or b any matter incidental to, or required for the purpose of, the vesting. 41 Minister of Conservation may grant easements The Minister of Conservation may grant easements over a conservation area or reserve if required to fulfil the terms of the shared redress deed in relation to a cultural redress property. Any such easement— a is enforceable in accordance with its terms, despite Part 3B of the Conservation Act 1987; and b is to be treated as having been granted in accordance with Part 3B of that Act. 42 Application of other enactments to reserve property Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to the Tikitiki Hill property. If the reservation of the Tikitiki Hill property under this subpart is revoked under section 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of that Act applies to the revocation, but not the rest of section 25 of that Act. The Tikitiki Hill property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, despite anything in that Act. The Tikitiki Hill property must not have a name assigned to it or have its name changed under section 16(10) of the Reserves Act 1977 without the written consent of the owners of the property, and section 16(10A) of that Act does not apply to the proposed name. 43 Joint management body for Tikitiki Hill property A joint management body is established for the Tikitiki Hill property ( see section 34 ). The following are appointers for the purposes of this section: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. Each appointer may appoint 2 members to the joint management body. A member is appointed only if the appointer gives written notice with the following details to the other appointers: a the full name, address, and other contact details of the member; and b the date on which the appointment takes effect, which must be no earlier than the date of the notice. An appointment ends after 5 years or when the appointer replaces the member by making another appointment. A member may be appointed, reappointed, or discharged at the discretion of the appointer. Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board. The chairperson of the joint management body must— a be elected by the members of that body; and b hold the office of chairperson in accordance with section 32(5) of the Reserves Act 1977. However, despite section 32(1) of the Reserves Act 1977, the first meeting of the joint management body must be held not later than 2 months after the settlement date. 44 Procedural requirements for voting Despite section 32(7) of the Reserves Act 1977, the person elected to be the chairperson of the joint management body ( see section 43(7) ) has a deliberative, but not a casting, vote. Despite section 32(9) of the Reserves Act 1977, if both governance entities have appointed at least 1 member each to the joint management body in accordance with section 43 , the quorum for any voting is 2 members, as follows: a 1 member appointed by the trustees of the Moriori Imi Settlement Trust; and b 1 member appointed by the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. However, if 1 of the governance entities has not appointed a member of the joint management body, the quorum (irrespective of vacancies) is— a half of the whole number of members of the joint management body (when that number is even); and b a majority of the members of the joint management body (when that number is odd). 45 Transfer of reserve land Subsection (2) applies to all or the part of the Tikitiki Hill property that remains a reserve under the Reserves Act 1977 after the property has vested under this subpart in— a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. The fee simple estate in the reserve land may be transferred, but only in accordance with subsection (3) . The registered owners of an undivided half share in the fee simple estate in the reserve land may transfer that share if— a the transferees are the trustees of the same trust in whose trustees the share was vested by this or another Act; and b the instrument to transfer the share is accompanied by a certificate given by the transferees, or the transferees' lawyer, verifying that paragraph (a) applies. In this section and section 46 , reserve land means the land that remains a reserve as described in subsection (1) . 46 Reserve land not to be mortgaged The owners of the reserve land must not mortgage, or give a security interest in, the reserve land. 47 Saving of bylaws, etc, in relation to Tikitiki Hill property This section applies to any bylaw, or any prohibition or restriction on use or access, that the Minister of Conservation made or imposed under the Conservation Act 1987 in relation to the Tikitiki Hill property before the property was vested under section 34(2) . The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Conservation Act 1987. 48 Establishment of Te Whanga Lagoon Management Board A statutory board called the Te Whanga Lagoon Management Board (the Board ) is established. 49 Membership of Te Whanga Lagoon Management Board The Board comprises— a 2 members appointed by the trustees of the Moriori Imi Settlement Trust; and b 2 members appointed by the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust; and c 1 member appointed by the Council; and d 1 member appointed by the Director-General. In subsection (1) , the persons named in paragraphs (a) and (d) and the bodies named in paragraphs (b) and (c) are appointers for the purposes of this subpart. 50 Qualifications of persons appointed as members of Board When appointing a member of the Board under section 49 , the appointer must,— a where practicable, consider the skills, experience, and knowledge of the other members of the Board so as to achieve a balance of skills, experience, and knowledge on the Board; and b when an appointer has made an appointment to the Board, give notice of the appointment made in writing to the other appointers. 51 Purpose of Board The purpose of the Board is to co-ordinate and oversee the delivery of management for Te Whanga Lagoon and associated sites, including by— a providing leadership for the management of Te Whanga Lagoon and associated sites; and b protecting and enhancing the cultural, spiritual, and ecological values of Te Whanga Lagoon and associated sites; and c acting as guardian for Te Whanga Lagoon and associated sites. 52 Functions and powers of Board The principal function of the Board is to achieve its purpose. The other functions of the Board are as follows: a to act as if it were the owner of Te Whanga Lagoon and associated sites; and b to prepare and approve a management plan for Te Whanga Lagoon and associated sites; and c to determine the priorities for implementing the management plan; and d to develop and agree with the appointers an annual work programme; and e to seek funding and other support so as to improve the health and wellbeing of Te Whanga Lagoon; and f to monitor and report to the appointers on the implementation of the management plan; and g to report to the appointers on the condition of Te Whanga Lagoon and associated sites; and h take any other action considered appropriate to achieve the purpose of the Board. In carrying out its functions, the Board— a may, in its discretion,— i provide advice to the Council, and to Ministers and management agencies with functions relevant to Te Whanga Lagoon; and ii work with landowners adjoining the catchment of Te Whanga Lagoon and associated sites to promote the sustainable management of the catchment; and b in carrying out its functions, the Board must have regard to— i tikane Moriori and tikanga Māori; and ii the fact that Te Whanga Lagoon and associated sites is jointly owned by— A the trustees of the Moriori Imi Settlement Trust; and B the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. Except as expressly provided in this Act or the shared redress deed, the Board has discretion as to whether, how, and to what extent, in a particular circumstance, it will perform a function. In performing its functions and exercising its powers, the Board must act in a manner consistent with the management plan. The Board has the powers necessary to achieve its purpose and perform its functions. 53 Management plan: Overview The management plan required under section 52(2)(b) must— a be consistent with relevant resource management, conservation, and fisheries legislation; and b if appropriate, enable that legislation to be implemented. The management plan must set out the following: a a framework or principles to describe how the Board must exercise landowner functions in relation to Te Whanga Lagoon and associated sites; and b the long-term strategic goals and desired outcomes for Te Whanga Lagoon and associated sites; and c to the extent that the Board considers appropriate, the operational management activities or projects proposed to achieve those goals or objectives. 54 Preparation of management plan Before preparing the management plan, the Board must— a undertake discussions with any governance entity that has not made the appointments to the Board required under section 49 ; and b in any manner that the Board considers appropriate, undertake informal discussions with the general public, seeking their views on what should be included in the management plan. The Board must begin to prepare the management plan not later than 12 months after the settlement date. The Board must then— a prepare a draft management plan, and give public notice of it, providing an opportunity for any persons or entities to make written submissions on the draft plan; and b consider the submissions received under paragraph (a) and any other relevant matters before finalising and approving the management plan. The Board must then give public notice of the approved management plan and make the plan publicly available in any way the Board considers appropriate. 55 Review and amendment of management plan The Board must review the management plan not later than 10 years after the date the Board approved the plan. After a review, or at any other time, the Board may— a decide not to amend the plan; or b amend the management plan, following the steps set out in section 54 ; or c make minor or technical amendments to the management plan without following the formal process. 56 Effect on local government matters If any matters in the management plan are relevant to the functions of the Council under the Local Government Act 2002 or the Chatham Islands Council Act 1995, the Council may consider both the management plan and the views of the Board. 57 Priorities and annual work programme Each year the Board may— a determine its annual and multi-year priorities; and b publish those priorities as it considers appropriate. The Board and the appointers may, each year,— a agree an annual work programme to implement the management plan, including operational management activities as well as specified projects; and b specify in the annual work programme the appointers’ financial or in-kind contributions to the work programme and specified projects. 58 Operational management of Te Whanga Lagoon and associated sites The appointers must undertake the operational management of Te Whanga Lagoon and associated sites in a manner consistent with the management plan and any priorities set by the Board under section 57 . The Board and appointers may agree to meet from time to time to discuss operational management matters. The appointers are not required to undertake, or contribute financially to, operational management, though may do so at their discretion. 59 Decision-making The Board exercises or performs the rights, powers, and duties that would, but for this Part, be exercised or performed by the following, as the owners of Te Whanga Lagoon and associated sites: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. The Board’s permission is required for— a any commercial activities to be undertaken on Te Whanga Lagoon and associated sites, including on the bed, in the water column, or on or above the surface of the water in the lagoon; and b any activities that involve fixing or placing a structure, fixture, or other item on Te Whanga Lagoon and associated sites, including on the bed of the lagoon. The Board’s permission is not required for public access to, navigation over, or recreational use of, Te Whanga Lagoon and associated sites. The Board may impose conditions or restrictions on public access to, navigation over, or recreational use of Te Whanga Lagoon and associated sites that the Board considers necessary to achieve— a the Board’s purpose; or b the safety of the public. The Board may impose conditions on any permission granted under subsection (2) , including a charge for commercial activities, and must specify the duration of any permission granted under this provision. The Board must not unreasonably withhold permission for the following: a customary activities to be undertaken by 1 or both governance entities or members of Moriori or Ngāti Mutunga o Wharekauri, to the extent that the activities require permission; or b a network utility operation to be undertaken by a network utility operator; or c activities that are necessary in responding to any emergency or to circumstances presenting an imminent threat to the safety of persons or a significant threat of damage to property. 60 Emergency situations This section applies if there is an emergency or if circumstances present an imminent threat to the safety of persons or of significant damage to property and it is not feasible to obtain the permission of the Board to undertake urgent and necessary activities. The necessary response may be taken without first obtaining the permission of the Board, but the Board must be notified as to the urgent action taken as soon as possible. 61 Board to elect chairperson At the first meeting in a new term, the Board must— a elect a chairperson and deputy chairperson or co-chairpersons for the term; and b adopt terms of reference for matters such as— i setting agendas for meetings; and ii meeting procedures; and iii managing conflicts of interest; and iv the role of the chairperson; and v a process for dispute resolution. The Board must pursue consensus decision-making unless, in the opinion of the chairperson, after reasonable discussion, consensus decision-making is not practicable. The Board may then make a decision by a vote, requiring at least a 66% majority of those present at a meeting and voting. 62 Term of Board Each term of the Board is 3 years, commencing on the settlement date and continuing on and from each 3-year anniversary of that date. Members of the Board are appointed for that same 3-year term and may be removed, replaced, or reappointed at the discretion of the appointer of that member. 63 Quorum A quorum for a meeting of the Board is 4 members, including— a at least 1 member appointed by the trustees of the Moriori Imi Settlement Trust; and b at least 1 member appointed by the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust; and c at least 1 member appointed either by the Council or the Director-General of Conservation. The chairperson must preside over a meeting, and that person is included for the purpose of determining whether the quorum requirements are met. 64 Interim quorum If an appointer has not appointed the members to the Board that it is entitled to appoint under section 49 , the interim quorum for a meeting is 3 members, including— a at least 1 member appointed by a governance entity; and b at least 1 member appointed by either the Council or the Director-General of Conservation. When an interim quorum is in effect, the Board must— a pursue consensus decision-making unless, in the opinion of the chairperson, and after reasonable discussion, consensus decision-making is not practicable; in that case a decision may be made by a vote requiring at least a 75% majority of those present at the meeting and voting; and b before granting any interest in Te Whanga Lagoon and associated sites, consult, and consider the views of, the governance entity that has not appointed a member to the Board; and c before granting an interest in Te Whanga Lagoon and associated sites for a term 10 years or longer, obtain the written consent of the governance entity that has not appointed a member to the Board. 65 Committees The Board may appoint 1 or more committees to which it may delegate functions, other than— a the power of delegation; and b the power to approve the management plan. A committee must include at least 1 Board member, but may also include persons who are not members of the Board. 66 Liabilities Neither the Board nor the governance entities, as owners of the Te Whanga Lagoon property, have any liability in relation to any use of Te Whanga Lagoon before the settlement date. The Board and the governance entities, as owners of the Te Whanga Lagoon property, have no liability in relation to— a the waters or aquatic life of the Te Whanga Lagoon property; or b any structures in or on the Te Whanga Lagoon property that predate the commencement date. Members of the Board, when acting in good faith to achieve the Board’s purpose, are not personally liable for any action or omission made in their capacity as members of the Board. In all other respects, the Board is liable for the Te Whanga Lagoon property as if the Board were the owner. 67 Funding and administrative support Each appointer is responsible for the costs of its members on the Board. Each appointer retains discretion over its own decisions on funding proposals relating to Te Whanga Lagoon and associated sites. 68 Amendments to Conservation Act 1987 This section amends the Conservation Act 1987. After section 6P(7CA)(a) (as inserted by section 47(2) of the Ngāti Mutunga o Wharekauri Claims Settlement Act 2026 ), insert: ab 1 person to be appointed by the Minister on the recommendation of the trustees of the Moriori Imi Settlement Trust (as defined in section 8 of the Rēkohu Wharekauri Shared Redress Act 2026 ); and In section 6P(7CA)(b), replace 11 persons with 10 persons . In section 6P(7D), after (7CA)(a) , insert and (ab) . 69 Interpretation In this Part,— appointer means 1 or more of the following: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust; and c the Council change and variation have the meanings given in section 43AA of the Resource Management Act 1991 JPC means the Chatham Islands Joint Planning Committee established by section 70 local government legislation means— a the Local Government Act 2002; and b the Local Government Official Information and Meetings Act 1987; and c the Chatham Islands Council Act 1995; and d the Local Authorities (Members’ Interests) Act 1968 members , in relation to the JPC, means each member appointed by an appointer proposed resource management document means a resource management document that is proposed but not yet approved resource management document means any resource management planning, land use planning, spatial planning, or natural environment planning document prepared in accordance with— a the Chatham Islands Council Act 1995; and b the Resource Management Act 1991 (and any successor legislation) specified legislation means 1 or more of the following: a this Act: b the local government legislation: c the relevant provisions of the Resource Management Act 1991 (and any successor legislation) terms of reference — a means the terms of reference to be agreed by the JPC in accordance with section 85 ; and b includes any amendments to the terms of reference. 70 Chatham Islands Joint Planning Committee established The Chatham Islands Joint Planning Committee is established as a statutory body. 71 Appointments to JPC The JPC consists of 8 members appointed as follows: a 2 members appointed by the trustees of the Moriori Imi Settlement Trust; and b 2 members appointed by the trustee of Te Korowai o Ngāti Mutunga o Wharekauri Trust; and c 4 members appointed by the Council. The members appointed under subsection (1)(c) must be elected members of the Council and currently holding office. If an appointer fails to make an appointment, this does not affect the number of appointments that the other appointers may make under this section. Members appointed by a governance entity under subsection (1)(a) or (b) are not, by virtue of that appointment, members of the Council. 72 Status of JPC Despite the membership of the JPC, the JPC is a joint committee of the Council and deemed to be appointed in accordance with clause 30(1)(b) of Schedule 7 of the Local Government Act 2002. Despite Schedule 7 of the Local Government Act 2002, the JPC— a is a permanent committee; and b must not be discharged except with the unanimous written agreement of the appointers. 73 Requirements for making appointments Each appointer must,— a in the case of the initial appointments of members of the JPC,— i make an appointment within 2 months after the settlement date; and ii notify other appointers in writing of the appointment; and b in the case of any subsequent appointments, notify the JPC and other appointers in writing of an appointment as soon as is reasonably practicable. In making appointments to the JPC, appointers must— a be satisfied that the person has the skills, knowledge, and experience— i to participate effectively in the JPC; and ii to contribute to achieving the purpose of the JPC; and b have regard to the members already appointed, to ensure that the total membership of the JPC reflects a balanced mix of skills, knowledge and experience in relation to the Chatham Islands and the purpose and functions of the JPC. If there is a vacancy on the JPC, the relevant appointer must fill the vacancy as soon as is reasonably practicable. A member may be discharged by written notice from the relevant appointer. A member may resign by written notice to the relevant appointer. An appointer who gives a notice under subsection (4) or who receives a notice under subsection (5) must, not later than 10 working days after giving notice or receiving notice, forward a copy of the notice to the chairperson of the JPC and the other appointers. 74 Purpose of JPC The purpose of the JPC is— a to oversee the development and review of the resource management documents applying in the Chatham Islands; and b to provide for the participation of Moriori and Ngāti Mutunga o Wharekauri in those matters. 75 Functions and powers of JPC The principal function of the JPC is to achieve its purpose. The other functions of the JPC are— a to provide advice or recommendations to the Council in relation to— i the review of any resource management document: ii the preparation of any new resource management document: iii the change of, or variation to, any existing resource management document; and b to monitor the efficiency and effectiveness of implementing those resource management documents; and c to perform any other functions that the JPC considers relevant to achieving its purpose or that the Council delegates to the JPC. The JPC has full capacity and all the powers necessary to achieve its purpose and perform its functions. Except as expressly provided in the Act or the shared redress deed, the JPC has discretion as to whether, how, and to what extent, in a particular circumstance, it will perform a function. 76 Term of office of JPC The first term of office of the JPC— a begins on the settlement date under this Act; and b ends on the close of the day before the next triennial general election under the Local Electoral Act 2001. The subsequent terms of the JPC— a begin on the date of the first meeting of the Council after the triennial general election; and b end at the close of the day before the next triennial general election. Members are appointed to the JPC for the term of that committee. However, if a member is appointed during the term of the JPC, the member’s appointment is from that date until the end of that term of the JPC. 77 Application of other legislation The provisions of the Acts listed in subsection (2) apply to the JPC— a to the extent that the provisions are relevant to the purpose and functions of the JPC; and b subject to any necessary modification, or except as otherwise provided by this Act. The Acts are— a the Local Government Act 2002: b the Local Government Official Information and Meetings Act 1987: c the Local Authorities (Members’ Interests) Act 1968: d the Chatham Islands Council Act 1995. 78 JPC may regulate its own procedures Except as otherwise provided in this Act or in the shared redress deed, the JPC may regulate its own procedure. 79 Election of chairperson At its first meeting in each new term, the JPC must elect a chairperson or co-chairpersons for that term. The terms of reference for the JPC may set out further provisions for the role of the chairperson, co-chairpersons, and deputy chairperson. Clause 26(3) and (4) of Schedule 7 of the Local Government Act 2002 does not apply to the JPC. 80 Conflict of interest Each member of the JPC must disclose any actual or potential interest to the JPC. The JPC must maintain an interests register. If an interest is disclosed, the chairperson of the JPC must determine the appropriate response to the interest, including whether the member should be recused or not participate in a certain part of the meeting, or any other response considered appropriate. A member of the JPC is not precluded by the Local Authorities (Members’ Interests) Act 1968 from discussing or voting on a matter merely because— a the member is a member of a hapū, an imi, or an iwi; or b the economic, social, cultural, or spiritual values of any hapū, imi, or iwi and their relationships with the JPC are advanced by or reflected in— i the subject of the matter under consideration; or ii any decisions by or recommendations of the JPC; or iii participation in the matter by the member. In this section, interest does not include an interest that a member may have through an affiliation with a hapū, an imi, or an iwi that has customary interests in the Chatham Islands. 81 Meetings The first meeting of the JPC must be held no later than 3 months after the settlement date. Clauses 19, 20, and 22 of Schedule 7 of the Local Government Act 2002 apply to the JPC, subject to— a the references to the chief executive being read as references to the chairperson of the JPC; and b the references to local authority being read as references to the JPC; and c the references to standing orders being read as references to the terms of reference made under section 85 . 82 Quorum and interim quorum The quorum for a meeting of the JPC is 4 members, comprising— a 1 member appointed by each governance entity; and b 2 members appointed by the Council. Clause 23(3)(b) of Schedule 7 of the Local Government Act 2002 does not apply to the JPC. If a governance entity has not appointed a member of the JPC as required, an interim quorum for a meeting of the JPC is 3 members, including— a at least 1 member appointed by a governance entity; and b at least 2 members appointed by the Council. 83 Decision-making by JPC All decisions of the JPC must be made by a vote at a meeting. The members of the JPC must— a approach decision-making in a manner that is consistent with, and reflects, the purpose of the JPC; and b pursue consensus decision-making. If, in the opinion of the chairperson, after reasonable discussion, consensus decision-making is not practicable, the JPC may make a decision by a vote, requiring at least a 66% majority of those present at a meeting and voting. When an interim quorum is in effect,— a if, in the opinion of the chairperson, after reasonable discussion, consensus decision-making is not practicable, the JPC may make a decision by a vote requiring at least a 75% majority of those present and voting at a meeting; and b the JPC may make a recommendation to the Council under section 84 only after— i notifying the governance entity that has not made an appointment under section 71 of the proposed recommendation; and ii considering any feedback from that governance entity. The chairperson presiding over a meeting may vote on any matter, but does not have a casting vote. Clause 24 of Schedule 7 of the Local Government Act 2002 does not apply to the JPC. The Council may make a decision that would ordinarily be made by the JPC if— a the matter is subject to statutory time frames that must be met; and b a quorum or interim quorum of the JPC has not, after reasonable efforts, been able to be achieved. 84 Recommendations to Council The Council must refer to the JPC any of the following matters in a time frame that enables the JPC to make a recommendation in relation to— a whether or when to commence reviewing a resource management document: b developing a change or variation to a resource management document: c preparing a new resource management document: d giving public notice in relation to the proposed resource management document: e approving or adopting a resource management document. The JPC may make recommendations to the Council on those matters prior to the Council making a decision on any of them. The Council must— a provide to the JPC the relevant documents and other information relating to the matters referred to in subsection (1) ; and b provide early and ongoing opportunities for the JPC to contribute to the content of a resource management document; and c refer back to the JPC, for its reconsideration, any recommendations it made that have not been adopted in whole or in part by the Council; and d enable the JPC to provide further recommendations to the Council in relation to the matters referred back to the JPC. The Council is not required to refer the same matter back to the JPC more than twice. 85 Terms of reference The JPC must adopt terms of reference at its first meeting, setting out the following requirements for the JPC’s compliance: a procedures for the JPC reflecting that the committee is not a standard committee of the Council but has been provided through this Act; and b without limiting paragraph (a) , a procedure for dispute resolution. The terms of reference of the JPC may be amended by the unanimous agreement in writing of the JPC. The terms of reference must not contravene— a this Act; or b the shared redress deed; or c local government legislation or other enactment (but subject to this Act). If there is an inconsistency between the Council’s obligations under the terms of reference and those under the specified legislation, the specified legislation prevails. 86 Council to report The Council must include in its annual report prepared under section 98 of the Local Government Act 2002 the following information: a the activities of the JPC during the previous 12 months; and b how those activities are relevant to the purpose and functions of the JPC. 87 Appointers to review and report Not later than 3 years after the date of the first meeting of the JPC, the appointers must undertake a review of the JPC to consider— a what the JPC has done towards achieving its purpose and performing its functions; and b any other relevant matters. The appointers may— a undertake any subsequent reviews of the JPC at a time agreed by all appointers; and b following a review undertaken under this section, make recommendations to the JPC on any relevant matters arising from the review. 88 Administration of JPC The Council must provide administrative support to the JPC in performing its functions, including— a providing venues, agendas, and minutes for meetings; and b other assistance of a kind that the Council would ordinarily provide to a Council committee. If the JPC requests further support from the Council, such as technical advice or the commissioning of external advice, the provision of that support requires the prior agreement of the Council. 89 Interpretation In this Part,— deferred selection property means the property described in part 3 of the property redress schedule if the requirements for transfer under the shared redress deed have been satisfied land holding agency means the Ministry of Education. 90 The Crown may transfer property To give effect to part 4 of the shared redress deed, the Crown (acting by and through the chief executive of the land holding agency) is authorised— a to transfer the fee simple estate in the deferred selection property in accordance with this section; and b to sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer. The deferred selection property may be transferred to 1 or both governance entities. 91 Record of title if deferred selection property transfers to 1 entity This section applies to the deferred selection property that is to be transferred under section 90 to either of the following (but not as tenants in common): a the trustees of the Moriori Imi Settlement Trust; or b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. 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 sections 92 and 93 , authorised person means a person authorised by the chief executive of the land holding agency. 92 Records of title if deferred selection property transfers to more than 1 entity This section applies if the deferred selection property is to be transferred under section 90 to the following as tenants in common: a the trustees of the Moriori Imi Settlement Trust; and b the trustee of the Te Korowai o Ngāti Mutunga o Wharekauri Trust. The Registrar-General must, in accordance with a written application by an authorised person,— a create a record of title in the name of the Crown for each undivided half share of the fee simple estate in the property; and b record on each record of title any interests that are registered, noted, or to be noted and that are described for that record of title in the application; but c omit any statement of purpose from each record of title. Subsection (2) is subject to the completion of any survey necessary to create a record of title. 93 Authorised person may grant covenant for later creation of record of title For the purposes of sections 91 and 92 , the authorised person may grant a covenant for the later creation of a record of title for a fee simple estate in the 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. 94 Application of other enactments This section applies to the transfer of the fee simple estate in the deferred selection property to 1 or both governance entities. 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 shared redress deed 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 90 , 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) . Cultural redress properties The following table is small in size and has 3 columns. Column 1 is headed Name of property, column 2 is headed Description, and column 3 is headed Interests. Name of property Description Interests Paddocks property Wellington Land District—Chatham Islands Council 1.45 hectares, approximately, being Part Section 1 SO 531657 and Part Kekerione 1,W Block. Subject to survey. As shown on TTW-063/064-02. Subject to the easement in gross for a right to convey water and a right to discharge water referred to in section 18(4)(a) . Subject to the right of way easement in gross referred to in section 18(4)(b) . Subject to the right of way easement referred to in section 18(4)(c) . Southern property Wellington Land District—Chatham Islands Council 0.14 hectares, approximately, being Part Section 1 SO 531657. Subject to survey. As shown on TTW-063/064-03. Subject to the lease referred to in section 19(3) , unless section 21 applies. White House property Wellington Land District—Chatham Islands Council 0.53 hectares, approximately, being Part Section 1 SO 531657 and Part Kekerione 1,W Block. Subject to survey. As shown on TTW-063/064-10. Subject to the conditions set out in section 22(4) . Subject to the easement in gross for a right to convey water and a right to discharge water referred to in section 22(4) . The following table is small in size and has 3 columns. Column 1 is headed Name of property, column 2 is headed Description, and column 3 is headed Interests. Name of property Description Interests Te Whanga Lagoon property Wellington Land District—Chatham Islands Council 18,558.5840 hectares, more or less, being Sections 1, 2, 3, 4, and 5 SO 565481. Wharekauri site 110 Wellington Land District—Chatham Islands Council 15.3200 hectares, more or less, being Section 1 SO 36806. Part transfer 067039.2. Subject to an unregistered licence to occupy to Chatham Heritage and Restoration Trust. Wharekauri site 111 Wellington Land District—Chatham Islands Council 14.9000 hectares, more or less, being Section 1 SO 36807. Part transfer 067039.2. Subject to an unregistered licence to occupy to Chatham Heritage and Restoration Trust. Wharekauri site 112 Wellington Land District—Chatham Islands Council 5.3000 hectares, more or less, being Section 3 SO 36548. Part transfer 067039.2. Subject to an unregistered licence to occupy to Chatham Heritage and Restoration Trust. Wharekauri site 113 Wellington Land District—Chatham Islands Council 0.2500 hectares, more or less, being Section 4 SO 36548. Part transfer 067039.2. Subject to an unregistered licence to occupy to Chatham Heritage and Restoration Trust. Wharekauri site 114 Wellington Land District—Chatham Islands Council 0.7000 hectares, more or less, being Section 5 SO 36548. Part transfer 067039.2. Subject to an unregistered licence to occupy to Chatham Heritage and Restoration Trust. The following table is small in size and has 3 columns. Column 1 is headed Name of property, column 2 is headed Description, and column 3 is headed Interests. Name of property Description Interests Tikitiki Hill property Wellington Land District—Chatham Islands Council 1.20 hectares, approximately, being Part Kekerione 1,W Block and Part Section 1 SO 531657. Subject to survey. As shown on TTW-063/064-01. Subject to being a scenic reserve, as referred to in section 34(3) . Subject to the easement in gross for a right to convey electricity referred to in section 34(7)(a) . Subject to the right of way easement in gross referred to in section 34(7)(b) .