STATUTORY ACKNOWLEDGEMENT AREA STATUTORY ACKNOWLEDGEMENT .

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AddendumSTATUTORY ACKNOWLEDGEMENT AREASTATUTORY ACKNOWLEDGEMENTAddendum to the Upper Hutt City District PlanThe following documents are to be read as an attachment to and in conjunction with the UpperHutt City District Plan.The information is not subject to the provisions of Schedule 1 to the Resource Management Act1991. However, it is recommended that applicants who are seeking resource consent onproperties that are either adjacent or adjoin a Statutory Acknowledgement Area undertakeconsultation with the relevant iwi prior to lodging their resource consent application.What are Statutory Acknowledgements?A statutory acknowledgement is a formal acknowledgement by the Crown of the mana of tangatawhenua over a specified area. It recognises the particular cultural, spiritual, historical andtraditional association of an iwi with the site, which is identified as a statutory area.Statements of statutory acknowledgements are set out in Treaty of Waitangi claim settlementlegislation. The text for each statutory acknowledgement includes: identification and description of the statutory area; a statement of association detailing the relationship between the relevant iwi and thearea; and details of the statutory area.Statutory areas only relate to Crown-owned land and include areas of land, geographic features,lakes, rivers, wetlands, and coastal marine areas.Whilst there may be minor variations in the legislation for settlements, the purposes of astatutory acknowledgement will generally include the following: Notification of resource consent applicationsConsent authorities, the Environment Court, and Heritage New Zealand PouhereTaonga are required to have regard to a statutory acknowledgement when determiningwhether the relevant iwi may be adversely affected by the granting of a resource consentfor activities within, adjacent to or impacting directly on the statutory area. Summaries of resource consent applicationsConsent authorities are required to forward summaries of resource consent applicationsto the relevant iwi for activities within, adjacent to or impacting directly on any statutoryarea. This information must be the same as would be given to any affected personsunder limited notification in accordance with section 95B of the RMA, unless otherwiseagreed between the consent authority and the relevant iwi.Amended May 2019 (Resource Management Act 1991)1

AddendumThe information is to be provided to the relevant iwi as soon as reasonably practicableafter the consent authority has received the application, and prior to making anydetermination as to notification of the application.This requirement does not affect the obligation of a consent authority to notify anapplication in accordance with section 95 to 95F of the Resource Management Act 1991,or to form an opinion as to whether the relevant iwi group is adversely affected underthose sections. SubmissionsIn submissions to and proceedings before a consent authority, the Environment Courtor Heritage New Zealand Pouhere Taonga , the relevant iwi governance entity - and anymember of that iwi - may cite a statutory acknowledgement as evidence of associationwith a statutory area where those proceedings concern activities that are within,adjacent to or impacting directly on any statutory area.Statutory PlansInformation recording statutory acknowledgements for statutory areas covered wholly or partlyby the plan must be attached to regional policy statements, regional plans and district plans.Statutory plans are required to specify that information provided in relation to statutoryacknowledgements is for the purposes of public information only and does not form part of theplan and is not subject to the provisions of Schedule 1 of the RMA.Amended May 2019 (Resource Management Act 1991)2

Addendum1Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika)AcknowledgementIn accordance with the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika)Claims Settlement Act 2009, information regarding statutory acknowledgements ishereby attached to the Upper Hutt City District Plan.This information includes the relevant provisions of the Port Nicholson Block (TaranakiWhānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 (sections 23 to 31 in full) aswell as descriptions/maps of the statutory areas and the related statements ofassociation.Port Nicholson Block(Taranaki Whānui ki Te Upoko o Te Ika)Claims Settlement Act 2009Part 2Cultural redressSubpart 2 - Statutory acknowledgementand deed of recognitionStatutory acknowledgement23Statutory acknowledgement by the Crown(1)The Crown acknowledges the statements of association.(2)In this Act, statements of association means the statements—(a)made by Taranaki Whānui ki Te Upoko o Te Ika of their particularcultural, spiritual, historical, and traditional association with eachstatutory area; and(b)that are in the form set out in Part 2 of the documents schedule of thedeed of settlement at the settlement date.24Purposes of statutory acknowledgement(1)The only purposes of the statutory acknowledgement are to—(a)require relevant consent authorities, the Environment Court, andHeritage New Zealand Pouhere Taonga to have regard to the statutoryacknowledgement, as provided for in sections 25 to 27; and(b)require relevant consent authorities to forward summaries of resourceconsent applications to the trustees, as provided for in section 29; and(c)enable the trustees and any member of Taranaki Whānui ki Te Upoko oAmended May 2019 (Resource Management Act 1991)3

AddendumTe Ika to cite the statutory acknowledgement as evidence of theassociation of Taranaki Whānui ki Te Upoko o Te Ika with the relevantstatutory areas, as provided for in section 30.(2)This section does not limit sections 33 to 35.Section 24(1) (a): amended, on 202014, by section 107 of the Heritage New ZealandPouhere Taonga Act 2014 (2014 averegardtostatutory(1)On and from the effective date, a relevant consent authority must have regardto the statutory acknowledgement relating to a statutory area in forming anopinion, in accordance with sections 93 to 94C of the Resource ManagementAct 1991, as to whether the trustees are persons who may be adversely affectedby the granting of a resource consent for activities within, adjacent to, ordirectly affecting the statutory area.(2)Subsection (1) does not limit the obligations of a relevant consent authorityunder the Resource Management Act 1991.26Environment Court to have regard to statutory acknowledgement(1)On and from the effective date, the Environment Court must have regard to thestatutory acknowledgement relating to a statutory area in determining undersection 274 of the Resource Management Act 1991 whether the trustees arepersons having an interest in proceedings greater than the public generally inrespect of an application for a resource consent for activities within, adjacentto, or directly affecting the statutory area.(2)Subsection (1) does not limit the obligations of the Environment Court underthe Resource Management Act 1991.27Heritage New Zealand Pouhere Taonga and Environment Court to haveregard to statutory acknowledgement(1)If, on or after the effective date, an application is made under section 44, 56, or61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority toundertake an activity that will or may modify or destroy an archaeological sitewithin a statutory area,—(a)Heritage New Zealand Pouhere Taonga, in exercising its powers undersection 48, 56, or 62 of that Act in relation to the application, must haveregard to the statutory acknowledgement relating to the statutory area;and(b)the Environment Court, in determining under section 59(1) or 64(1) ofthat Act any appeal against a decision of Heritage New Zealand PouhereTaonga in relation to the application, must have regard to the statutoryacknowledgement relating to the statutory area, including in making adetermination as to whether the trustees are persons directly affected byAmended May 2019 (Resource Management Act 1991)4

Addendumthe decision.(2)In this section, archaeological site has the meaning given in section 6 of theHeritage New Zealand Pouhere Taonga Act 2014.Section 27: replaced, on 202014, by section 107 of the Heritage New Zealand PouhereTaonga Act 2014 (2014 No).28Recording statutory acknowledgement on statutory plans(1)On and from the effective date, each relevant consent authority must attachinformation recording the statutory acknowledgement to all statutory plansthat wholly or partly cover a statutory area.(2)The information attached to a statutory plan must include the relevantprovisions of sections 23 to 31 in full, the descriptions of the statutory areas,and the statements of association.(3)The attachment of information to a statutory plan under this section is for thepurpose of public information only, and the information is not—(a)part of the statutory plan, unless adopted by the relevant consentauthority; or(b)subject to the provisions of Schedule 1 of the Resource Management Act1991, unless adopted as part of the statutory plan.29Distribution of resource consent applications to trustees(1)Each relevant consent authority must, for a period of 20 years from the effectivedate, forward to the trustees a summary of resource consent applicationsreceived by that consent authority for activities within, adjacent to, or directlyaffecting a statutory area.(2)The information provided under subsection (1) must be—(3)(a)the same as would be given under section 93 of the ResourceManagement Act 1991 to persons likely to be adversely affected, or asmay be agreed between the trustees and the relevant consent authority;and(b)provided as soon as is reasonably practicable after each application isreceived, and before a determination is made on the application inaccordance with sections 93 to 94C of the Resource Management Act1991.The trustees may, by notice in writing to a relevant consent authority,—(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 applicationto carry out a restricted coastal activity in a statutory area must be treated as ifit were the relevant consent authority in relation to that application.(5)This section does not affect the obligation of a relevant consent authority to—Amended May 2019 (Resource Management Act 1991)5

Addendum(a)notify an application in accordance with sections 93 to 94C of theResource Management Act 1991:(b)form an opinion as to whether the trustees are persons who may beadversely affected under those sections.30Use of statutory acknowledgement(1)The trustees and any member of Taranaki Whānui ki Te Upoko o Te Ika may, asevidence of the association of Taranaki Whānui ki Te Upoko o Te Ika with astatutory area, cite the statutory acknowledgement that relates to that area insubmissions to, and in proceedings before, a relevant consent authority, theEnvironment Court, or Heritage New Zealand Pouhere Taonga concerningactivities within, adjacent to, or directly affecting the statutory area.(2)The content of a statement of association is not, by virtue of the statutoryacknowledgement, binding as fact on—(a)relevant consent authorities:(b)the Environment Court:(c)Heritage New Zealand Pouhere Taonga:(d)parties to proceedings before those bodies:(e)any other person who is entitled to participate in those proceedings.(3)Despite subsection (2), the statutory acknowledgement may be taken intoaccount by the bodies and persons specified in that subsection.(4)To avoid doubt,—(a)neither the trustees nor members of Taranaki Whānui ki Te Upoko o TeIka are precluded from stating that Taranaki Whānui ki Te Upoko o Te Ikahave an association with a statutory area that is not described in thestatutory acknowledgement; and(b)the content and existence of the statutory acknowledgement do not limitany statement made.Section 30(1): amended, on 20 May 2014, by section 107 of the Heritage NewZealand Pouhere Taonga Act 2014 (2014 No 26).Section 30(2)(c): replaced, on 20 May 2014, by section 107 of the Heritage NewZealand Pouhere Taonga Act 2014 (2014 No 26).31Application of statutory acknowledgement to river, stream, or harbourIn relation to a statutory acknowledgement,—harbour includes the bed of the harbour and everything above the bedriver or stream—(a)means—(i)a continuously or intermittently flowing body of fresh water,Amended May 2019 (Resource Management Act 1991)6

Addendumincluding a modified watercourse; and(ii)(b)the bed of the river or stream; butdoes not include—(i)a part of the bed of the river or stream that is not owned by theCrown; or(ii)land that the waters of the river or stream do not cover at itsfullest flow without overlapping its banks; or(iii)an artificial watercourse; or(iv)a tributary flowing into the river or stream.Schedule 1Statutory Areas in Upper HuttStatutory AreaLocationHUTT RIVERAs shown on SO 408071Amended May 2019 (Resource Management Act 1991)7

AddendumHUTT RIVER (as shown on SO 408071)Amended May 2019 (Resource Management Act 1991)8

AddendumSTATEMENT OF ASSOCIATIONTe Awakairangi is the oldest name for the Hutt River attributed to the Polynesianexplorer Kupe. It was also known as Heretaunga in a later period. The origins ofthe streams flowing to Awakairangi are high in the Tararua Range. The stream andrivers lead down through Pakuratahi at the head of the Hutt Valley. TaranakiWhānui ki Te Upoko o Te Ika had interests at Pakuratahi. The trail linking TeWhanganui a Tara and the Wairarapa came through Pakuratahi and over theRimutaka Range. Prior to the 1855 uplift Te Awakairangi was navigable by wakaup to Pakuratahi and the river was navigable by European ships almost toWhirinaki (Silverstream).Taranaki Whānui ki Te Upoko o Te Ika travelled in the Hutt Valley largely by waka.There were few trails through the heavy forest of the valley. Many TaranakiWhānui ki Te Upoko o Te Ika Kainga and Pā were close to the river including atHaukaretu (Maoribank), Whakataka Pā (which was across the bank from what isnow Te Marua), Mawaihakona (Wallaceville), Whirinaki, Motutawa Pā (Avalon),Maraenuku Pā (Boulcott), Paetutu Pā and at the mouth of the river, Hikoikoi Pā tothe west and Waiwhetu Pā (Owhiti) to the east.Te Awakairangi linked the settlements as well as being a food supply for the pā andkainga along the river. Mahinga kai were found along the river such as Te Momi(Petone) which was a wetland that held abundant resources of birds, tuna andother food sources. The river ranged across the valley floor and changed courseseveral times leaving rich garden sites. Waka were carved from forest trees felledfor that purpose close to the river.Amended May 2019 (Resource Management Act 1991)9

Addendum2Ngati Toa Rangatira AcknowledgementIn accordance with the Ngati Toa Rangatira Claims Settlement Act 2014, informationregarding statutory acknowledgements is hereby attached to the Upper Hutt CityDistrict Plan.This information includes the relevant provisions of the Ngati Toa Rangatira ClaimsSettlement Act 2014 (sections 24 to 33 in full) as well as descriptions/maps of thestatutory areas and the related statements of association.Ngati Toa Rangatira ClaimsSettlement Act 2014Part 2Cultural redressSubpart 1 - Statutory acknowledgement anddeeds of recognitionStatutory acknowledgement24Interpretation(1)In this Act, statutory acknowledgement means the acknowledgement madeby the Crown in section 25 in respect of each statutory area, on the terms setout in this subpart.(2)In this subpart,—coastal statutory area means a statutory area described in Schedule 1 underthe heading “Coastal statutory areas”relevant consent authority, for a statutory area, means a consent authority ofa region or district that contains, or is adjacent to, the statutory areastatements of association means the statements—(a)made by Ngati Toa Rangatira of their particular cultural, spiritual,historical, and traditional association with the statutory areas (except thecoastal statutory areas); and(b)that are in the form set out in part 2.1 of the documents schedule of thedeed of settlementstatements of coastal values means the statements—(a)made by Ngati Toa Rangatira of their particular values relating to thecoastal statutory areas; and(b)that are in the form set out in part 2.2 of the documents schedule of theAmended May 2019 (Resource Management Act 1991)10

Addendumdeed of settlementstatutory area means an area described in Schedule 1, with the generallocation (but not the precise boundaries) indicated on the deed plan referred toin relation to the area.25Statutory acknowledgement by the CrownThe Crown acknowledges the statements of association and the statements ofcoastal values.26Purposes of statutory acknowledgementThe only purposes of the statutory acknowledgement are—(a)to require relevant consent authorities, the Environment Court, andHeritage New Zealand Pouhere Taonga to have regard to the statutoryacknowledgement, as provided for in sections 27 to 29; and(b)to require relevant consent authorities to provide summaries of resourceconsent applications, or copies of notices of resource consentapplications, to the trustee of the Toa Rangatira Trust, as provided for insection 31; and(c)to enable the trustee of the Toa Rangatira Trust and members of NgatiToa Rangatira to cite the statutory acknowledgement as evidence of theassociation of Ngati Toa Rangatira with a statutory area, as provided forin section 32.Section 26(a): amended, on 202014, by section 107 of the Heritage New ZealandPouhere Taonga Act 2014 (2014 On and from the effective date, a relevant consent authority must have regardto the statutory acknowledgement relating to a statutory area in deciding,under section 95E of the Resource Management Act 1991, whether the trusteeof the Toa Rangatira Trust is an affected person in relation to an activity within,adjacent to, or directly affecting the statutory area and for which an applicationfor a resource consent has been made.(2)Subsection (1) does not limit the obligations of a relevant consent authorityunder the Resource Management Act 1991.28Environment Court to have regard to statutory acknowledgement(1)On and from the effective date, the Environment Court must have regard to thestatutory acknowledgement relating to a statutory area in deciding, undersection 274 of the Resource Management Act 1991, whether the trustee of theToa Rangatira Trust is a person who has an interest in proceedings that isgreater than the interest that the general public has in respect of an applicationAmended May 2019 (Resource Management Act 1991)tohaveregardtostatutory11

Addendumfor a resource consent for activities within, adjacent to, or directly affecting thestatutory area.(2)Subsection (1) does not limit the obligations of the Environment Court underthe Resource Management Act 1991.29Heritage New Zealand Pouhere Taonga and Environment Court to haveregard to statutory acknowledgement(1)If, on or after the effective date, an application is made under section 44, 56, or61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority toundertake an activity that will or may modify or destroy an archaeological sitewithin a statutory area,—(a)Heritage New Zealand Pouhere Taonga, in exercising its powers undersection 48, 56, or 62 of that Act in relation to the application, must haveregard to the statutory acknowledgement relating to the statutory area;and(b)the Environment Court, in determining under section 59(1) or 64(1) ofthat Act any appeal against a decision of Heritage New Zealand PouhereTaonga in relation to the application, must have regard to the statutoryacknowledgement relating to the statutory area, including in making adetermination as to whether the trustees are persons directly

29 Distribution of resource consent applications to trustees (1) Each relevant consent authority must, for a period of 20 years from the effective date, forward to the trustees a summary of resource consent applications received by that consent authority for activities within, adjacent to, or directly affecting a statutory area.

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