Ngai Tahu (Pounamu Vesting) Act 1997 081

Ngai Tahu (Pounamu Vesting) Act 1997 081
ANALYSIS

Schedule(s)

1 : Description of Land in Which Serpentine Included

                              1997, No. 81

 An Act to give effect to certain provisions of the Deed of `On Account'

   Settlement, signed on 14 June 1996 by the Crown and Te Runanga o Ngai

   Tahu as representative of Ngai Tahu, by vesting, in Te Runanga o Ngai

   Tahu, pounamu in the Takiwa of Ngai Tahu Whanui and in those parts of

   the territorial sea of New Zealand that are adjacent to the Takiwa of

                      Ngai Tahu Whanui                    [1 October 1997

Ngai Tahu (Pounamu Vesting) Act 1997 081

 WHEREAS---

   A. Ngai Tahu has made claims against the Crown under the Treaty of

      Waitangi Act 1975, and those claims have been the subject of 2

      reports of the Waitangi Tribunal, the 1991 Ngai Tahu Report and the

      1995 Ancillary Claims Report:

   B. Since 1991 there have been a number of attempts by Ngai Tahu and

      the Crown to reach a negotiated settlement of Ngai Tahu's claims

      and to remove the sense of grievance felt by Ngai Tahu:

   C. The Crown and Ngai Tahu, wishing to recommence negotiations towards

      a comprehensive settlement of all claims made by or on behalf of

      Ngai Tahu or hapu, whanau or individuals within the Ngai Tahu

      Whanui against the Crown pursuant to the Treaty of Waitangi Act

      1975, have agreed to negotiate in good faith to achieve a

      settlement of all Ngai Tahu's historical claims under the Treaty of

      Waitangi and Ngai Tahu has agreed to an indefinite adjournment of

      certain litigation relating to the claims to allow those

      negotiations to take place:

   D. As a sign of good faith and as a demonstration of the Crown's

      goodwill, and in recognition of the long process of negotiation

      that has already taken place between the parties, the Crown has

      agreed to renew and modify an offer it made to Ngai Tahu in 1994 to

      provide certain redress to Ngai Tahu on an `on account' basis, and

      Ngai Tahu has accepted that modified offer:

   E. Accordingly, on 14 June 1996, the Crown and Te Runanga o Ngai Tahu

      as representative of Ngai Tahu signed a Deed of `On Account'

      Settlement, in which the Crown agreed that it would present for the

      consideration of Parliament legislation to provide for---

       (a) The vesting in Te Runanga o Ngai Tahu of the Crown's rights to

           pounamu in the Takiwa of Ngai Tahu and the adjacent

           territorial sea; and

       (b) The continuation of all current mining privileges relating to

           that pounamu until they expire; and

       (c) The payment by the Crown to Te Runanga o Ngai Tahu of any

           royalties received by the Crown in respect of any such mining

           privileges; and

       (d) A regime for access to land in which the pounamu is situated

           in the same manner as is provided for in the Crown Minerals

           Act 1991 for persons holding a permit in respect of a mineral

           under that Act:

   F. To give effect to a recommendation of the Waitangi Tribunal, Te

      Runanga o Ngai Tahu intends to execute a deed vesting in the

      Mawhera Incorporation all pounamu within the catchment area of the

      Arahura river:

BE IT THEREFORE ENACTED by the Parliament of New Zealand as follows:

3. Ownership by Ngai Tahu of certain minerals--- Notwithstanding any

 other enactment, all pounamu occurring in its natural condition in---

   (a) The Takiwa of Ngai Tahu Whanui; and

   (b) Those parts of the territorial sea of New Zealand (as defined by

         section 3 of the Territorial Sea, Contiguous Zone, and Exclusive

         Economic Zone Act 1977) that are adjacent to the Takiwa of Ngai

         Tahu Whanui and the seabed and subsoil beneath those parts of

         the territorial sea---

 that, immediately before the commencement of this Act, is the property

 of the Crown, ceases, on the commencement of this Act, to be the

 property of the Crown and vests in and becomes the property of Te

 Runanga o Ngai Tahu.

4. Existing privileges for pounamu--- (1) Nothing in section 3 affects

 an existing privilege or the rights or obligations of any holder of an

 existing privilege and Part II of the Crown Minerals Act 1991 continues

 to apply in relation to that privilege as if this Act had not been

 passed.

   (2) Notwithstanding anything in the Crown Minerals Act 1991, all

 royalties paid to the Crown after the commencement of this Act by the

 holder of any existing privilege in respect of pounamu must be paid by

 the Crown to Te Runanga o Ngai Tahu.

5. Applications for mining privileges and permits for

 pounamu--- Notwithstanding anything in the Crown Minerals Act 1991, the

 Minister of Energy must not grant any---

   (a) Permit pursuant to an application made under section 23 of that

         Act before the commencement of this Act; or

   (b) Mining privilege pursuant to an application to which section 112

         of that Act applies---

 in respect of any pounamu to which section 3 applies.