This page created 20 September 2000
(as at 30 August 2000)
Nohoanga Entitlements
Section 255 to 268 inclusive + Schedule 95
255. Interpretation--- In sections 256 to
268,---
``Entitlement land'' means a site over which a nohoanga entitlement
is granted:
``Holder'' means the holder for the time being of a nohoanga
entitlement, and includes any permitted assignee of Te Runanga
o Ngai Tahu's rights pursuant to a nohoanga entitlement and any
holder of a sub-entitlement granted pursuant to section 260:
``Land holding agent'' means the Minister of the Crown responsible
for the department which manages the existing or proposed
entitlement land, or the Commissioner of Crown Lands, as the
case may be:
``Nohoanga entitlement'' means an entitlement created and granted
pursuant to section 256 (1) and (2).
256. Creation and granting of nohoanga entitlements---
(1) The Crown
may create and grant to Te Runanga o Ngai Tahu renewable entitlements
over Crown-owned land in the Ngai Tahu claim area which meets
the
criteria set out in section 258, other than land in a national
park, a
marginal strip, a nature reserve, an esplanade reserve, a scientific
reserve, or that part of an unformed legal road (including a road
reserve) within 20 metres of a waterway.
(2) Nohoanga entitlements are
created and granted for the purpose of
permitting members of Ngai Tahu Whanui to occupy temporarily land
close to waterways on a non-commercial basis, so as to have access
to
waterways for lawful fishing and gathering of other natural resources.
(3) The Crown must create and
grant 72 nohoanga entitlements to Te
Runanga o Ngai Tahu for an initial term of 10 years---
(a) In the form set out in Schedule 94; and
(b) Over the entitlement land identified in Schedule 95; and
(c) On the terms and conditions (if any) set out in Schedule 95.
(4) Nohoanga entitlements must
be granted pursuant to subsection (3)
no later than 5 business days after the completion of surveys
of the
entitlement land and approval of those surveys by the Chief Surveyor.
(5) The Crown must take reasonable
steps to complete the surveys of
the entitlement land for the purpose of granting the nohoanga
entitlements within 9 months after the settlement date, but in
any event
must complete the surveys no later than 12 months after the settlement
date.
(6) Unless terminated pursuant
to section 265, the nohoanga
entitlements must be renewed for further terms of 10 years.
(7) Section 11 and Part X of
the Resource Management Act 1991 do not
apply to the granting of a nohoanga entitlement.
(8) Part IIIB of the Conservation
Act 1987 does not apply to the
granting of a nohoanga entitlement.
(9) The grant of a nohoanga
entitlement pursuant to subsection (4)
must be notified by the land holding agent in the Gazette.
(10) The Chief Surveyor must
note the grant of a nohoanga entitlement
pursuant to subsection (4), and the notice in the Gazette published
pursuant to subsection (9), in his or her records.
257. Vesting of entitlement land--- (1) At
the Crown's discretion, the
Crown may vest in Te Runanga o Ngai Tahu an estate in fee simple
in
any entitlement land.
(2) After consultation with
Te Runanga o Ngai Tahu and having had
particular regard to its views, the Crown may impose such conditions
as
it considers necessary or desirable as to the ongoing management
and
administration of the surrounding area to the entitlement land,
the fee
simple estate in which is vested in Te Runanga o Ngai Tahu pursuant
to
subsection (1).
(3) The vesting of a fee simple
estate in Te Runanga o Ngai Tahu
pursuant to subsection (1) discharges the Crown fully from its
obligation to grant a nohoanga entitlement over that entitlement
land or
any replacement entitlement land.
(4) The relevant land holding
agent must, before a vesting pursuant to
subsection (1), comply with any statutory or regulatory requirements
and
processes relating to the alienation of the relevant entitlement
land by
the Crown.
258. Type of land--- The land over which a
nohoanga entitlement is
granted is to be determined by the land holding agent and the
Minister
of Maori Affairs in agreement with Te Runanga o Ngai Tahu and
must be
land---
(a) Already in Crown ownership; and
(b) Of approximately 1 hectare in area (unless otherwise agreed
in
writing by those persons) and suitable for temporary occupation;
and
(c) Situated sufficiently close to a waterway to permit convenient
access to the waterway (normally land adjacent to the marginal
strip or esplanade reserve or similar strip bordering the
waterway itself); and
(d) To which lawful access exists; and
(e) Where the existing practices and patterns of public use at
the
time the nohoanga entitlement is created are not unreasonably
impaired by the granting of a nohoanga entitlement; and
(f) The location of which does not unreasonably exclude public
access
to any waterway.
259. Rights attaching to nohoanga entitlements---
(1) The holder of a
nohoanga entitlement has the right to occupy temporarily the entitlement
land to the exclusion of any other person (other than agents of
the
Crown, or other persons empowered by statute, and undertaking
their
normal functions in relation to the land) for up to 210 days in
any
calendar year (such days to exclude any day on and from 1 May
to 15
August).
(2) The holder has the right
to erect camping shelters or similar
temporary dwellings during the period or periods that the right
to
occupy the entitlement land pursuant to subsection (1) is being
exercised.
(3) The holder must,---
(a) When ceasing to exercise the right to occupy the entitlement
land
pursuant to subsection (1), remove camping shelters or temporary
dwellings erected pursuant to subsection (2); and
(b) Leave the entitlement land in substantially the same condition
as
it was in at the beginning of the period in each year when
occupation may commence pursuant to subsection (1), except for
temporary effects normally associated with this type of
occupation.
(4) Notwithstanding subsection
(3) but subject to subsections (5) to
(8) and section 260 (4), the holder may, with the consent of the
land
holding agent, undertake such activities on the entitlement land
as may
be reasonably necessary to enable the entitlement land to be used
for
the purpose set out in section 256 (2).
(5) The giving of consent by
a land holding agent pursuant to
subsection (4) is completely at the land holding agent's discretion
and
subject to such conditions as the land holding agent thinks fit.
(6) Where entitlement land is
land held under the Conservation Act
1987 or a statute listed in the First Schedule of the Conservation
Act
1987, the land holding agent may, in considering whether to give
consent
pursuant to subsection (4),---
(a) Require an environmental impact report in relation to the
proposed
activities and an audit of that report at the holder's expense;
and
(b) Impose reasonable conditions to avoid, remedy, or mitigate
any
adverse effects of the activities on the entitlement land and
the surrounding land or on any wildlife.
(7) When applying for a consent
pursuant to subsection (4), the holder
must provide to the land holding agent details of the proposed
activities, including but not limited to,---
(a) The effect of the activities on the entitlement land and,
where
the entitlement land is land held under the Conservation Act
1987 or a statute listed in the First Schedule of the
Conservation Act 1987, on the surrounding land and upon any
wildlife; and
(b) Any proposed measures by the holder to avoid, remedy, or mitigate
any adverse effects.
(8) If the Crown has complied
with its obligations pursuant to the
nohoanga entitlement, it is not obliged to compensate the holder
for any
activities undertaken by the holder pursuant to subsection (4),
whether
on termination of the nohoanga entitlement or at any other time.
(9) Part IIIB of the Conservation
Act 1987 does not apply to this
section.
260. Obligations related to nohoanga entitlements---
(1) The existence
and exercise of a nohoanga entitlement---
(a) Must not impede public access along a waterway; and
(b) Does not restrict the Crown's right to alienate either the
entitlement land, land adjacent to the entitlement land, or land
adjacent to the waterway next to which the entitlement land is
situated.
(2) If the Crown alienates,
or changes the classification or status
of, land adjacent to the entitlement land, with the result that
lawful
access to the entitlement land no longer exists, the Crown must
ensure
that Te Runanga o Ngai Tahu continues to have the same type of
access
to the entitlement land as existed prior to the alienation or
change of
classification or status, unless and until the nohoanga entitlement
over
that entitlement land is terminated pursuant to section 265.
(3) The Crown's obligations
pursuant to subsection (2) are subject to
its obligation to comply with any statutory or regulatory requirements.
(4) The holder, and the activities
carried on by the holder on the
entitlement land (including any work undertaken on the entitlement
land
pursuant to section 259 (4) to (8)), are subject to all laws,
bylaws,
regulations, and land and water management practices relating
to the
entitlement land.
(5) In carrying out land and
water management practices relating to
the entitlement land, the land holding agent must---
(a) Have regard to the existence of the nohoanga entitlement;
and
(b) Notify Te Runanga o Ngai Tahu of any activity which may affect
the holder; and
(c) Avoid unreasonable disruption to the holder.
(6) Subject to subsection (5),---
(a) A nohoanga entitlement may be suspended at any time at the
discretion of the land holding agent, after consulting with Te
Runanga o Ngai Tahu and having particular regard to its views,
if necessary for reasons of management in accordance with the
purposes for which the land over which the nohoanga entitlement
has been granted is held; and
(b) If a nohoanga entitlement is suspended pursuant to this
subsection, the rights under that nohoanga entitlement may be
exercised by the holder outside the entitlement period described
in section 259 (1) for a time equal to the period of suspension.
(7) The rights of Te Runanga
o Ngai Tahu under a nohoanga
entitlement may be assigned by Te Runanga o Ngai Tahu to any Papatipu
Runanga.
(8) Te Runanga o Ngai Tahu must,
before assigning any of its rights
pursuant to subsection (7), give to the Crown written notice of
its
intention to assign its rights, including the contact details
of the
person or persons responsible for the receipt of notices in respect
of
the nohoanga entitlement.
(9) An assignment by Te Runanga
o Ngai Tahu of any of its rights
pursuant to subsections (7) and (8) is without prejudice to the
Crown's
rights, powers, and remedies against Te Runanga o Ngai Tahu under
the
nohoanga entitlement.
(10) Te Runanga o Ngai Tahu
or its assignee may grant
sub-entitlements to members of Ngai Tahu Whanui in respect of
each
nohoanga entitlement.
(11) A sub-entitlement granted
pursuant to subsection (10) must be
consistent with the terms of the nohoanga entitlement in respect
of
which it is granted.
(12) The Crown's obligations
to notify Te Runanga o Ngai Tahu of any
matter pursuant to a nohoanga entitlement do not extend to any
holder of
a sub-entitlement granted pursuant to subsection (10).
(13) On termination of a nohoanga
entitlement, any sub-entitlement
granted pursuant to subsection (10) is automatically terminated.
(14) The holder of a nohoanga
entitlement has rights of enforcement of
the nohoanga entitlement against a person who is not a party to
the deed
of settlement as if the holder were the owner of the entitlement
land.
(15) Nohoanga entitlements are
subject to---
(a) Such other special terms and conditions as the Crown reasonably
requires to give effect to sections 255 to 268; and
(b) Such variations as may be agreed by the land holding agency
and Te
Runanga o Ngai Tahu to the provisions of section 259---
which are contained in each particular nohoanga entitlement.
261. Boundaries of entitlement land--- The
boundaries of entitlement
land must be defined by 1 or more of the following methods:
(a) By references to any plan lodged in the office of the Chief
Surveyor and approved by the Chief Surveyor:
(b) By reference to any existing survey plan:
(c) In accordance with a plan that meets standards agreed from
time to
time by the land holding agent and the Surveyor-General.
262. Section 44 of Reserves Act 1977 not to apply---
Section 44 of the
Reserves Act 1977 does not apply to nohoanga entitlements which
are
granted over land held under that Act.
263. Rating Powers Act 1988--- The grant of
a nohoanga entitlement does
not make entitlement land rateable for the purposes of section
4 (1) (a)
or (b) of the Rating Powers Act 1988.
264. Service charges--- Te Runanga o Ngai
Tahu is liable to pay
rates, charges, and fees payable pursuant to section 7 of the
Rating
Powers Act 1988 in respect of the entitlement land, in proportion
to the
period for which Te Runanga o Ngai Tahu is entitled to occupy
the
entitlement land pursuant to section 259 (1).
265. Termination of nohoanga entitlements---
(1) The Crown may
terminate a nohoanga entitlement if---
(a) The Crown alienates the entitlement land during the term of
a
nohoanga entitlement; or
(b) The entitlement land is destroyed or permanently detrimentally
affected by any natural cause; or
(c) It is a condition of the nohoanga entitlement that the entitlement
land is on reserve land which may be required for the specific
purpose for which it was originally set apart as a reserve and
it becomes so required, or it is an unformed legal road which
becomes formed; or
(d) Subject to section 260 (2), lawful access to the entitlement
land
no longer exists.
(2) On termination of a nohoanga
entitlement pursuant to subsection
(1), unless the fee simple estate in the entitlement land has
been
vested in Te Runanga o Ngai Tahu pursuant to section 257, the
Crown
must take reasonable steps to grant a replacement nohoanga entitlement
over another site.
(3) A site over which a replacement
nohoanga entitlement is granted
pursuant to subsection (2) must---
(a) Meet the criteria set out in sections 256 (1), 258, and 260
(1);
and
(b) Be identified by similar processes to those used by Te Runanga
o
Ngai Tahu and the Crown for identification of entitlement land,
prior to entry into the deed of settlement.
(4) If the holder of a nohoanga
entitlement defaults in performing any
of the holder's obligations pursuant to the nohoanga entitlement,
and---
(a) The default is capable of
remedy, the Crown may give written
notice to Te Runanga o Ngai Tahu specifying the default and
the remedy which the Crown requires (which remedy must be
reasonable in the relevant circumstances); or
(b) The default is not capable of remedy, the Crown may immediately
terminate the nohoanga entitlement by notice in writing to Te
Runanga o Ngai Tahu.
(5) Unless within 41 business
days after the giving of notice pursuant
to subsection (4) (a) the default specified in the notice has
been
remedied, or appropriate action has been taken to remedy the default
as
required in that notice, the Crown may immediately terminate the
nohoanga entitlement by notice in writing to Te Runanga o Ngai
Tahu.
(6) If a nohoanga entitlement
is terminated pursuant to subsection (4)
(b) or subsection (5), Te Runanga o Ngai Tahu may apply to the
Minister of Maori Affairs for a replacement nohoanga entitlement,
after
the expiry of 2 years from the date of termination.
266. Purpose of creation of nohoanga entitlements---
Without limiting
sections 267 and 268, the creation of nohoanga entitlements is
for the
sole purpose of permitting members of Ngai Tahu Whanui to occupy
temporarily land close to waterways, as provided in section 256
(2).
267. Rights not affected--- Except as expressly
provided in sections
255 to 268, the existence of a nohoanga entitlement does not affect
the
lawful rights or interests of any person who is not a party to
the deed
of settlement.
268. Limitation of rights--- Except as expressly
provided in sections
255 to 268, the existence of a nohoanga entitlement does not,
of itself,
have the effect of granting, creating, or providing evidence of
any
estate or interest in, or any rights of any kind whatsoever relating
to,
the entitlement land.
SCHEDULE 95: Sites Over which Nohoanga Entitlements to be Granted
September 1999
1(b). Camping licences or Nohoanga.
This is an area of up to one hectare near a waterway that gives
access to
traditional sources of food. Ngati Tama members will have the
right to use this
entitlement for non-commercial, lawful fishing and food gathering
for up to 210
days a year. One licence is being offered, at the Jones Point
Conservation
Area and the Purupuru Conservation area is being transferred to
Ngati Tama
for nohoanga purposes.
3. Are the public's rights affected?
Generally, no, but
· The camping licence site or Nohoanga, which is similar
to other
concessions granted by the Department of Conservation, will be
for the
exclusive use of Ngati Tama for up to 210 days a year. A site
is up to I
hectare in size. It will not affect public access to waterways.
· Some very small parcels of land of historic significance
to Ngati Tama
(including Pa sites) totalling just over 16 hectares will be returned
to the
iwi.
4. What is a camping licence or Nohoanga?
It is a licence to temporarily occupy a piece of land of up to
one hectare near a
traditional Ngati Tama food gathering area such as a river or
a lake. It is set
back from the marginal strip and does not impede public access
to or along a
waterway. It is the same concept as a nohoanga in the Ngai Tahu
settlement.
September 1999
1(b). Camping licences or Nohoanga.
This is an area of up to one hectare near a waterway which gives
access to
traditional sources of food. Ngati Mutunga members will have the
right to use
this entitlement for non-commercial, lawful fishing and food gathering
for up to
210 days a year. One licence is being offered, at the Uruti Domain
Scenic
Reserve and the Mataro Road Conservation Area is being transferred
to Ngati
Mutunga for nohoanga purposes.
3. Are the public's rights affected?
Generally, no, but
· A camping licence or Nohoanga, is similar to other concessions
granted by
the Department of Conservation, and will be for the exclusive
use of Ngati
Mutunga for up to 210 days a year. A camping licence site is up
to I
hectare in size. This will not affect public access to waterways.
· Some small sites of historic significance to Ngati Mutunga
totalling
approximately 2 hectares will be returned to the iwi.
4. What is a camping licence or Nohoanga?
It is a licence to temporarily occupy a piece of land of up to
one hectare near a
traditional Ngai Mutunga food gathering area such as a river or
a lake. It is set
back from the marginal strip and does not impede public access
to or along a
waterway. It is the same concept as a nohoanga in the Ngai Tahu
settlement.
20 November 1999
1(b). Camping licences or Nohoanga.
This is an area of up to one hectare near a waterway that gives
access to
traditional sources of food. Te Uri o Hau members will have the
right to use
this entitlement for non-commercial, lawful fishing and food gathering
for up to
210 days a year.
Three licences are being offered and will be located in the Pouto
Stewardship
Area.
3. Are the public's rights affected?
Generally, no, but
· The 3 camping licence sites or Nohoanga, which are similar
to other
concessions granted by the Department of Conservation, will be
for the
exclusive use of Te Uri o Hau for up to 210 days a year. A site
is up to I
hectare in size. It will not affect public access to waterways.
· Some very small parcels of land of historic significance
to Te Uri o Hau
(including Pa sites) totalling approximately 30 hectares will
be returned to
them.
4. What is a camping licence or Nohoanga?
It is a licence to temporarily occupy a piece of land of up to
one hectare near
a traditional Te Uri o Hau food gathering area such as a river
or a lake. It is
set back from the marginal strip and does not impede public access
to or
along a waterway. It is the same concept as a nohoanga in the
Ngai Tahu
settlement.
25 November 1999
1(b). Camping licences or Nohoanga.
These are areas of up to one hectare near a waterway which give
access to
traditional sources of food. Rangitaane o Manawatu members will
have the
right to use these entitlements for non-commercial, lawful fishing
and food
gathering for up to 210 days a year. The licences do not affect
existing public
access to waterways.
Two licences are being offered,
one in the Takapari Conservation Area and
the other in the Tangimoana Beach Conservation Area.
3 Are the public's rights affected?
Generally, no, but
· Two camping licence sites or Nohoanga near rivers, which
are similar to
other concessions granted by the Department of Conservation, will
be for
the exclusive use of Rangitaane o Manawatu for up to 210 days
a year.
Each site is up to I hectare in size. This does not affect public
access to
waterways.
· Approximately 3.4 hectares of land, the Awapuni Conservation
Area, will
be transferred to Rangitaane o Manawatu.
4 What is a Camping licence or Nohoanga?
It is a licence to temporarily occupy a piece of land of up to
one hectare near
a traditional food gathering area such as a river or a lake. It
is set back from
the marginal strip and does not impede public access to or along
a waterway.
It is the same concept as a nohoanga as applied in other settlements.
26 November 1999
2(b) Camping licences or Nohoanga.
These are areas of up to one hectare near a waterway which give
access to
traditional sources of food. Te Atiawa members will have the right
to use
these entitlements for non-commercial, lawful fishing and food
gathering for
up to 210 days a year. One licence is being offered and another
two sites
suitable for nohoanga are being transferred to Te Atiawa.
2(f) Sites Transferred to Te
Atiawa
Four areas of significance to Te Atiawa, the Omata Road Conservation
Area,
Taumata Historic Reserve, Kerekereinga Conservation Area and Waionganga
Stream Conservation Area, will be returned to Te Atiawa. Two of
the sites are
intended to be used for camping licenses or nohoanga. These are
small sites
that cover a total of 1.5 hectares.
Two existing reserves will have their status changed. The reclassified
Manukorihi Recreation Reserve will become an historic reserve
to be called
Ngangana Pa Historic Reserve and the Crown Land Conservation Area
will
become the Rewa Rewa Historic Reserve.
3 Are the public's rights affected?
Generally, no, but
· Camping license sites or Nohoanga, which are similar
to other
concessions granted by the Department of Conservation, will be
for the
exclusive use of Te Atiawa for up to 210 days a year. Each site
is up to I
hectare in size and there will be one site in Te Atiawa's rohe.
This does
not affect public access to waterways.
· Four small reserves and conservation areas of significance
to Te Atiawa
are to be transferred to the iwi. The total area transferred is
1.5 hectares.
4 What is a Camping license or Nohoanga?
It is a licence to temporarily occupy a piece of land of up to
one hectare near
a traditional Te Atiawa food gathering area such as a river or
a lake. It is set
back from the marginal strip and does not impede public access
to or along a
waterway.