APPENDIX 7: STATUTORY ACKNOWLEDGEMENTS
Appendix 7 – STATUTORY ACKNOWLEDGMENTSAPPENDIX 7:STATUTORY ACKNOWLEDGEMENTSTREATY SETTLEMENTSA treaty settlement is an agreement between the Crown and an Iwi to give effect to a deed of settlementfor all the historical claims by an Iwi against the Crown over land or other resources taken in breach ofthe Treaty of Waitangi. A claims settlement act formally records an agreed historical account, statutoryacknowledgements and an apology from the Crown as well as any cultural, financial and commercialredress.STATUTORY ACKNOWLEDGEMENTSA statutory acknowledgement is a formal recognition by the Crown of the particular cultural, spiritual,historic, and traditional associations that an Iwi has with a statutory area.Statutory acknowledgements may only apply to Crown land and may consist of land, rivers, lakes,wetlands, a landscape feature, or a particular part of the coastal marine area.Council is legally obliged to have regard to statutory acknowledgements and to record them in thedistrict plan.PURPOSE OF STATUTORY ACKNOWLEDGEMENTSThe purposes of statutory acknowledgements are to:(a)require consent authorities, the Environment Court and the Heritage New Zealand PouhereTaonga to have regard to the statutory acknowledgements;(b)require consent authorities to forward summaries of resource consent applications for activitiesthat would affect the area to which the statutory acknowledgement applies to the governanceentity; and(c)enable the governance entity and any member of the relevant Iwi to cite a statutoryacknowledgement as evidence of the association of the Iwi with the areas to which thestatutory acknowledgement relates.RECORDING STATUTORY ACKNOWLEDGEMENTS ON STATUTORYPLANSLocal authorities must attach information recording statutory acknowledgements to all statutory plansthat wholly or partly cover the area. The attachment of information to the district plan is for the purposesof information only and is not subject to the provisions of Schedule 1 of the Resource Management Act1991.INFORMATION RECORDS FOR STATUTORY ACKNOWLEDGEMENTSATTACHED TO THE FAR NORTH OPERATIVE DISTRICT PLANThere are five statutory acknowledgements within the Far North District. Te Roroa Claims Settlement Act 2008Ngāti Kuri Claims Settlement Act 2015Te Aupouri Claims Settlement Act 2015NgāiTakoto Claims Settlement Act 2015Te Rarawa Claims Settlement Act 2015Far North District PlanAppendix 7 Page 1
Appendix 7A – TE ROROA CLAIMS SETTLEMENT ACT 2008APPENDIX 7A: TE ROROA CLAIMS SETTLEMENT 2008The following provisions are an extract from the Te Roroa Claims Settlement Act 2008 (Reprint as at 20May 2014), Part 2 - Subpart 4 and Schedule 2. The numbering used in this appendix reflects that whichis contained in the act.68STATUTORY ACKNOWLEDGEMENT BY THE CROWN(1)(2)The Crown acknowledges the statements of association.In this subpart, statements of association means the statements,—(a) made by Te Roroa, of the particular cultural, spiritual, historical, and traditionalassociation of Te Roroa with each statutory area; and(b) that are in the form set out in Part 3 of Schedule 1 of the Deed of Settlement.69PURPOSES OF STATUTORY ACKNOWLEDGEMENT(1)The only purposes of the statutory acknowledgements are—(a) to require relevant consent authorities, the Environment Court, and the HeritageNew Zealand Pouhere Taonga to have regard to the statutory acknowledgements,as provided for in sections 70 to 72; and(b) to require relevant consent authorities to forward summaries of resource consentapplications to the trustees of the Manawhenua Trust, as provided for in section74; and(c) to enable the trustees of the Manawhenua Trust and a member of Te Roroa to citethe statutory acknowledgements as evidence of the association of Te Roroa withthe relevant statutory areas, as provided for in section 75.(2)This sectiondoes not limit the operation of sections 76 to 79.Section 69(1)(a): amended, on 20 May 2014, by section 107 of the Heritage New ZealandPouhere Taonga Act 2014 (2014 No 26).7071RELEVANT CONSENT AUTHORITIES TO HAVE REGARD TOSTATUTORY ACKNOWLEDGEMENT(1)On and from the effective date, a relevant consent authority must have regard to astatutory acknowledgement relating to a statutory area in forming an opinion, inaccordance with sections 93 to 94C of the Resource Management Act 1991, as towhether the trustees of the Manawhenua Trust are persons who may be adverselyaffected by the granting of a resource consent for activities within, adjacent to, orimpacting directly on the statutory area.(2)Subsection (1) does not limit the obligations of a relevant consent authority under theResource Management Act 1991.ENVIRONMENT COURT TO HAVE REGARD TO STATUTORYACKNOWLEDGEMENT(1)(2)72On and from the effective date, the Environment Court must have regard to a statutoryacknowledgement relating to a statutory area in determining under section 274 of theResource Management Act 1991 whether the trustees of the Manawhenua Trust arepersons having an interest in the proceedings greater than the public generally inrespect of an application for a resource consent for activities within, adjacent to, orimpacting directly on the statutory area.Subsection (1) does not limit the obligations of the Environment Court under theResource Management Act 1991.HERITAGENEWZEALANDPOUHERETAONGAANDENVIRONMENT COURT TO HAVE REGARD TO STATUTORYACKNOWLEDGEMENTS(1)If, on or after the effective date, an application is made under section 44, 56, or 61 ofthe Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake anactivity that will or may modify or destroy an archaeological site within a statutory area:Far North District PlanAppendix 7A Page 1
Appendix 7A – TE ROROA CLAIMS SETTLEMENT ACT 2008(a) Heritage New Zealand Pouhere Taonga, in exercising its power under section 48,56, or 62 of that Act in relation to the application, must have regard to the statutoryacknowledgment relating to the statutory area; and(b) the Environment Court, in determining under section 59(1) or 64(1) of that Act anyappeal against a decision of Heritage New Zealand Pouhere Taonga in relation tothe application, must have regard to a statutory acknowledgement relating to thestatutory area, including in making a as to whether the trustees of theManawhenua Trust are persons directly affected by the decision.(2)In this section, archaeological site has the same meaning as in section 6 of theHeritage New Zealand Pouhere Taonga Act 2014.Section 72: replaced, on 20 May 2014, by section 107 of the Heritage New Zealand PouhereTaonga Act 2014 (2014 No 26).73RECORDINGSTATUTORYSTATUTORY PLANS(1)(2)ACKNOWLEDGEMENTONOn and from the effective date, a relevant consent authority must attach informationrecording a statutory acknowledgement to all statutory plans that wholly or partlycover the statutory area.The attachment of information under subsection (1) to a statutory plan—(a) must include the relevant provisions of this subpart in full, the description of thestatutory area, and the statement of association that relates to the statutory area;and(b) is for the purpose of public information only, and the information is not—(i) part of the statutory plan (unless adopted by the relevant consentauthority); or(ii) subject to the provisions of Schedule 1 of the Resource Management Act1991.(3)74In this section, statutory plan—(a)means a district plan, proposed plan, regional coastal plan, regional plan, orregional policy statement as defined in section 2(1) of the ResourceManagement Act 1991; and(b)includes a proposed policy statement provided for in Schedule 1 of theResource Management Act 1991.DISTRIBUTION OF RESOURCE CONSENT APPLICATIONS TOTRUSTEES OF MANAWHENUA TRUST(1)A relevant consent authority must, for a period of 20 years from the effective date,forward to the trustees of the Manawhenua Trust a summary of resource consentapplications received by that consent authority for activities within, adjacent to, orimpacting directly on a statutory area.(2)The information provided under subsection (1) must be—(a) the same as would be given under section 93 of the Resource Management Act1991 to persons likely to be adversely affected, or as may be agreed between thetrustees of the Manawhenua Trust and the relevant consent authority; and(b) provided as soon as is reasonably practicable after the application is received, andbefore a determination is made in accordance with sections 93 to 94C of theResource Management Act 1991.(3)The trustees of the Manawhenua Trust may, by notice in writing to a relevant consentauthority,—(a) waive their rights to be notified under this section; and(b) state the scope of that waiver and the period it applies for.(4)For the purposes of this section, a regional council dealing with an application to carryout a restricted coastal activity in a statutory area must be treated as if it were therelevant consent authority in relation to the application.Far North District PlanAppendix 7A Page 2
Appendix 7A – TE ROROA CLAIMS SETTLEMENT ACT 2008(5)This section does not affect the obligation of a relevant consent authority to—(a) notify an application in accordance with sections 93 and 94C of the ResourceManagement Act 1991:(b) form an opinion as to whether the trustees of the Manawhenua Trust are personsthat are likely to be adversely affected under those sections.75USE OF STATUTORY ACKNOWLEDGEMENT(1)The trustees of the Manawhenua Trust and a member of Te Roroa may, as evidenceof the association of Te Roroa with a statutory area, cite the relevant statutoryacknowledgement in submissions to, and in proceedings before, a relevant consentauthority, the Environment Court, or the Heritage New Zealand Pouhere Taongaconcerning activities within, adjacent to, or impacting directly on, the statutory area.(2)The content of the statement of association is not, by virtue of the statutoryacknowledgement, binding as deemed fact on—(a) a relevant consent authority:(b) the Environment Court:(c) Heritage New Zealand Pouhere Taonga:(d) parties to proceedings before those bodies:(e) any other person able to participate in those proceedings.(3)Despite subsection (2), the statutory acknowledgement may be taken into account bythe bodies and persons specified in that subsection.(4)Neither the trustees of the Manawhenua Trust nor a member of Te Roroa areprecluded from stating that Te Roroa has an association with a statutory area that isnot described in the statutory acknowledgements.(5)The content and existence of the statutory acknowledgements does not limit astatement made under subsection (4).Section 75(1): amended, on 20 May 2014, by section 107 of the Heritage New Zealand PouhereTaonga Act 2014 (2014 No 26).Section 75(2)(c): replaced, on 20 May 2014, by section 107 of the Heritage New ZealandPouhere Taonga Act 2014 (2014 No 26).Deeds of recognition76AUTHORISATION TO ENTER INTO AND AMEND DEEDS OFRECOGNITION(1)The Minister of Conservation may—(a) enter into deeds of recognition with the trustees of the Manawhenua Trust inrespect of the land within the statutory areas:(b) amend a deed of recognition by entering into a deed with the trustees of theManawhenua Trust to amend that deed of recognition.(2)In this section, deed of recognition means a deed—(a) entered into in accordance with clauses 8.19.1 and 8.19.2 of the Deed ofSettlement; and(b) in the form set out in Part 4 of Schedule 1 of the Deed of Settlement.General DGEMENTSRECOGNITIONGRANTINGOTHERORDEEDSOFNeither the provision of a statutory acknowledgement nor the entry into a deed of recognitionprecludes the Crown from providing a statutory acknowledgement to, or entering into a deed ofrecognition with, persons other than Te Roroa or the trustees of the Manawhenua Trust withrespect to the same area.Far North District PlanAppendix 7A Page 3
Appendix 7A – TE ROROA CLAIMS SETTLEMENT ACT 200878EXERCISE OF POWERS AND PERFORMANCE OF DUTIES ANDFUNCTIONS NOT AFFECTED(1)Except as expressly provided in this subpart,—(a) neither a statutory acknowledgement nor a deed of recognition affects, or may betaken into account by, a person exercising a power or performing a function or dutyunder a statute, regulation, or bylaw:(b) no person, in considering a matter or making a decision or recommendation undera statute, regulation, or bylaw, may give greater or lesser weight to the associationof Te Roroa with a statutory area (as described in the relevant statutoryacknowledgement) than that person would give under the relevant statute,regulation, or bylaw if no statutory acknowledgement or deed of recognition existedin respect of the statutory area.(2)79Subsection (1)(b) does not affect the operation of subsection (1)(a).RIGHTS NOT AFFECTEDExcept as expressly provided in this subpart, neither a statutory acknowledgement nor a deedof recognition affects the lawful rights or interests of a person who is not a party to the Deed ofSettlement.80LIMITATION OF RIGHTSExcept as expressly provided in this subpart, neither a statutory acknowledgement nor a deedof recognition has the effect of granting, creating, or providing evidence of an estate or interestin, or rights relating to, a statutory area.Amendment to Resource Management Act 199181AMENDMENT TO RESOURCE MANAGEMENT ACT 1991Schedule 11 of the Resource Management Act 1991 is amended by inserting the following itemin its appropriate alphabetical order:Te Roroa Claims Settlement Act 2008.Far North District PlanAppendix 7A Page 4
Appendix 7A – TE ROROA CLAIMS SETTLEMENT ACT 2008Schedule 2Statutory acknowledgementsStatutory areas for which statutory acknowledgements providedStatutory areaLocationArai-Te-Uru Recreation ReserveAs shown on SO 354586Tokatoka Scenic ReserveAs shown on SO 354587Note: Tokatoka Scenic Reserve is located within the boundaries of the Kaipara District Council.Far North District PlanAppendix 7A Page 5
Appendix 7A – TE ROROA CLAIMS SETTLEMENT ACT 2008ARAI-TE-URU RECREATION RESERVEFar North District PlanAppendix 7A Page 6
Appendix 7A – TE ROROA CLAIMS SETTLEMENT ACT 2008TOKATOKA SCENIC RESERVEFar North District PlanAppendix 7A Page 7
Appendix 7B – NGĀTI KURI CLAIMS SETTLEMENT ACT 2015APPENDIX 7B: NGĀTI KURI CLAIMS SETTLEMENT ACT 2015The following provisions are an extract from the Ngāti Kuri Claims Settlement Act 2015, Part 2 - Subpart4 and Schedule 4. The numbering used in this appendix reflects that which is contained in the act.SUBPART 4 – STATUTORY ACKNOWLEDGEMENT109INTERPRETATIONIn this subpart,—relevant consent authority, for a statutory area, means a consent authority of a region ordistrict that contains, or is adjacent to, the statutory areastatement of association, for a statutory area, means the statement—(a) made by Ngāti Kuri of their particular cultural, historical, spiritual, and traditional associationwith the statutory area; and(b) set out in part 2.1 of the documents schedulestatutory acknowledgement means the acknowledgement made by the Crown in section 110in respect of the statutory areas, on the terms set out in this subpartstatutory area means an area described in Schedule 4, the general location of which isindicated on the deed plan for that areastatutory plan—(a) means a district plan, regional coastal plan, regional plan, regional policy statement, orproposed policy statement, as defined in section 43AA of the Resource Management Act1991; and(b) includes a proposed plan, as defined in section 43AAC of that Act.Statutory acknowledgement110STATUTORY ACKNOWLEDGEMENT BY THE CROWNThe Crown acknowledges the statements of association for the statutory areas.111PURPOSES OF STATUTORY ACKNOWLEDGEMENTThe only purposes of the statutory acknowledgements are—112(a)to require relevant consent authorities, the Environment Court, and Heritage NewZealand Pouhere Taonga to have regard to the statutory acknowledgements, inaccordance with sections 112 to 114; and(b)to require relevant consent authorities to record the statutory acknowledgements onstatutory plans that relate to the statutory areas and to provide summaries of resourceconsent applications or copies of notices of applications to the trustees in accordancewith sections 115 and 116; and(c)to enable the trustees and any member of Ngāti Kuri to cite the statutoryacknowledgement as evidence of the association of Ngāti Kuri with a statutory area, inaccordance with section 117.RELEVANT CONSENT AUTHORITIES TO HAVE REGARD TOSTATUTORY ACKNOWLEDGEMENT(1)Thjs section applies in relation to an application for a resource consent for an activitywithin, adjacent to, or directly affecting a statutory area.(2)On and from the effective date, a relevant consent authority must have regard to astatutory acknowledgement relating to the statutory area in deciding, under section95E of the Resource Management Act 1991, whether the trustees are affectedpersons in relation to the activity.(3)Subsection (2) does not limit the obligations of a relevant consent authority under theResource Management Act 1991.Far North District PlanAppendix 7B Page 1
Appendix 7B – NGĀTI KURI CLAIMS SETTLEMENT ACT 2015113114ENVIRONMENT COURT TO HAVE REGARD TO STATUTORYACKNOWLEDGEMENT(1)This section applies to proceedings in the Environment Court in relation to anapplication for a resource consent for an activity within, adjacent to, or directlyaffecting a statutory area.(2)On or from the effective date, the Environment Court must have regard to the statutoryacknowledgment relating to the statutory area in deciding under section 274 of theResource Management Act 1991, whether the trustees are persons with an interest inthe proceedings greater than that of the general public.(3)Subsection (2) does not limit the obligations of the Environment Court under theResource Management Act 1991.HERITAGENEWZEALANDPOUHERETAONGAANDENVIRONMENT COURT TO HAVE REGARD TO STATUTORYACKNOWLEDGEMENT(1)This section applies to an application made under section 44, 56, or 61 of the HeritageNew Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity thatwill or may modify or destroy an archaeological site within a statutory area.(2)On and from the effective date, Heritage New Zealand Pouhere Taonga must haveregard to the statutory acknowledgement relating to the statutory area in exercising itspowers under section 48, 56, or 62 of the Heritage New Zealand Pouhere Taonga Act2014 in relation to the application.(3)On and from the effective date, the Environment Court must have regard to thestatutory acknowledgement relating to the statutory area—(a) in determining whether the trustees are persons directly affected by the decision;and(b) in determining, under section 59(1) or 64(1) of the Heritage New Zealand PouhereTaonga Act 2014, an appeal against a decision of Heritage New Zealand PouhereTaonga in relation to the application.(4)115In this section, archaeological site has the meaning given in section 6 of the HeritageNew Zealand Pouhere Taonga Act 2014.RECORDINGSTATUTORYSTATUTORY PLANSACKNOWLEDGEMENTON(1)On and from the effective date, each relevant consent authority must attachinformation recording the statutory acknowledgement to all statutory plans that whollyor partly cover the statutory area.(2)The information attached to a statutory plan must include —(a) a copy of sections 110 to 114, 116, and 117; and(b) descriptions of the statutory areas, wholly or partly covered by the plan; and(c) the statement of association that relates to the statutory area.(3)The attachment of information to a statutory plan under this section is for the purposeof public information only and, unless adopted by the relevant consent authority aspart of the statutory plan, the information is not (a) part of the statutory plan; or(b) subject to the provisions of Schedule 1 of the Resource Management Act 1991.116PROVISION OF SUMMARY OR NOTICE TO TRUSTEES(1)Each relevant consent authority must, for a period of 20 years on and from theeffective date, provide the following to
applications received by that consent authority for activities within, adjacent to, or impacting directly on a statutory area. (2) The information provided under subsection (1) must be— (a) the same as would be given under section 93 of the Resource Management Act
Issue of orders 69 : Publication of misleading information 69 : Attending Committees, etc. 69 : Responsibility 69-71 : APPENDICES : Appendix I : 72-74 Appendix II : 75 Appendix III : 76 Appendix IV-A : 77-78 Appendix IV-B : 79 Appendix VI : 79-80 Appendix VII : 80 Appendix VIII-A : 80-81 Appendix VIII-B : 81-82 Appendix IX : 82-83 Appendix X .
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Relevant consent authorities to have regard to Statutory Acknowledgements 2.4 Notification of Resource Consent Applications 2.4 Provision of summaries or notices of certain applications to relevant trustees 2.6 Use of Statutory Acknowledgements 2.7 Relevant trustees may waive rights 2.8 Application to river or stream 2.9 Submissions
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