Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
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Version as at 1 October 2026
Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
Public Act |
2017 No 7 |
|
Date of assent |
20 March 2017 |
|
Commencement |
see section 2 |
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Ministry of Māori Development—Te Puni Kōkiri.
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1 Ngā Pānui Whakamārama—Preliminary provisions
3 Purpose
The purpose of this Act is—
(a)
to record the acknowledgements and apology given by the Crown to Whanganui Iwi in Ruruku Whakatupua—Te Mana o Te Iwi o Whanganui; and
(b)
to give effect to the provisions of the deed of settlement that establish Te Pā Auroa nā Te Awa Tupua; and
(c)
to give effect to the provisions of the deed of settlement that settle the historical claims of Whanganui Iwi as those claims relate to the Whanganui River.
4 Provisions to take effect on settlement date
(1)
The provisions of this Act take effect on the settlement date unless stated otherwise.
(2)
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.
Interpretation provisions
6 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 the deed of settlement.
7 Interpretation
In this Act, unless the context otherwise requires,—
bed, in relation to the Whanganui River,—
(a)
means the space of land that the waters of the Whanganui River cover at its fullest flow without overtopping its banks; and
(b)
includes the subsoil, the plants attached to the bed, the space occupied by the water, and the airspace above the water
consent authority has the meaning given in section 2(1) of the Resource Management Act 1991
Crown has the meaning given in section 2(1) of the Public Finance Act 1989
deed of settlement means the deed—
(a)
comprising—
(i)
Ruruku Whakatupua—Te Mana o Te Awa Tupua; and
(ii)
Ruruku Whakatupua—Te Mana o Te Iwi o Whanganui; and
(b)
dated 5 August 2014 and signed by—
(i)
the Honourable Christopher Finlayson and the Honourable William English, for and on behalf of the Crown; and
(ii)
Dardanella Metekingi-Mato, Julie Te Turi Ranginui, John Niko Maihi, Brendon Te Tiwha Puketapu, and Te Kenehi Robert Mair, for and on behalf of Whanganui Iwi
Director-General means the Director-General of Conservation
hapū of Whanganui Iwi includes the hapū listed in clause 1 of Schedule 1
health and well-being includes environmental, social, cultural, and economic health and well-being
historical claims has the meaning given in section 9
Inland Revenue Acts has the meaning given in section 3(1) of the Tax Administration Act 1994
iwi and hapū with interests in the Whanganui River includes—
(a)
the iwi with interests in the Whanganui River; and
(b)
the hapū of those iwi, if those hapū have interests in the Whanganui River
iwi with interests in the Whanganui River includes the following iwi, acting in relation to the Whanganui River or its catchment through their representative iwi organisations:
(a)
Ngā Rauru Kītahi; and
(b)
Ngāti Apa; and
(c)
Ngāti Maniapoto; and
(d)
Ngāti Maru; and
(e)
Ngāti Rereahu; and
(f)
Ngāti Ruanui; and
(g)
Ngāti Tuwharetoa; and
(h)
Whanganui Iwi
marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
Ngā Tāngata Tiaki o Whanganui means the trust of that name established by trust deed dated 4 August 2014
pakohe means metamorphosed indurated mudstone (otherwise known as argillite)
public notice, unless otherwise specified, has the meaning given in section 2(1) of the Resource Management Act 1991
relevant local authorities means, as the context requires, 1 or more of the following:
(a)
the Manawatu–Wanganui Regional Council:
(b)
the Ruapehu District Council:
(c)
the Stratford District Council:
(d)
the Whanganui District Council
relevant local government legislation means any legislation regulating the operation, procedures, decision-making, and conduct of members of a local authority joint committee, including—
(a)
Ruruku Whakatupua—Te Mana o Te Awa Tupua means the part of the deed of settlement referred to by that name
Ruruku Whakatupua—Te Mana o Te Iwi o Whanganui means the part of the deed of settlement referred to by that name
settlement date means the date that is 30 working days after the date on which this Act comes into force
Te Awa Tupua means the legal person created by section 14
Te Awa Tupua register and register mean the register of hearing commissioners provided for in subpart 7 of Part 2
Te Awa Tupua status means the status conferred on Te Awa Tupua by—
(a)
the Te Awa Tupua recognition recorded in section 12; and
(b)
the declaration of legal personality set out in section 14(1)
Te Heke Ngahuru ki Te Awa Tupua and Te Heke Ngahuru mean the strategy required by subpart 4 of Part 2
Te Karewao means the advisory group established by section 27
Te Kōpuka nā Te Awa Tupua and Te Kōpuka mean the strategy group established by subpart 4 of Part 2
Te Korotete o Te Awa Tupua and Te Korotete mean the Te Awa Tupua Fund provided for in subpart 6 of Part 2
Te Pā Auroa nā Te Awa Tupua and Te Pā Auroa mean the framework outlined in section 10 and provided for by Part 2
Te Pou Tupua means the office established by section 18
tikanga means customary law, values, and practices
trustees and trustees of Ngā Tāngata Tiaki o Whanganui mean the trustees of Ngā Tāngata Tiaki o Whanganui, acting in their capacity as trustees
Tupua te Kawa means the intrinsic values set out in section 13
Whanganui Iwi has the meaning given in section 8
Whanganui River and River, other than in relation to the matters provided for in subpart 5 of Part 2 and Schedule 5, mean—
(a)
the body of water known as the Whanganui River that flows continuously or intermittently from its headwaters to the mouth of the Whanganui River on the Tasman Sea and is located within the Whanganui River catchment; and
(b)
all tributaries, streams, and other natural watercourses that flow continuously or intermittently into the body of water described in paragraph (a) and are located within the Whanganui River catchment; and
(c)
all lakes and wetlands connected continuously or intermittently with the bodies of water referred to in paragraphs (a) and (b) and all tributaries, streams, and other natural watercourses flowing into those lakes and wetlands; and
(d)
the beds of the bodies of water described in paragraphs (a) to (c)
Whanganui River catchment and catchment mean the area shown titled as the Whanganui River catchment on SO 469123
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 a 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 day observed as anniversary day in Wellington and Whanganui.
8 Meaning of Whanganui Iwi
(1)
In this Act, Whanganui Iwi—
(a)
means the collective group comprising every individual who is descended from a person who, at any time after 6 February 1840, exercised customary rights and responsibilities in respect of the Whanganui River by virtue of being descended from—
(i)
Ruatipua:
(ii)
Paerangi:
(iii)
Haunui-ā-Pāpārangi; and
(b)
includes those individuals referred to in paragraph (a); and
(c)
includes the iwi, hapū, and tūpuna rohe groups whose members—
(i)
descend from Ruatipua, Paerangi, or Haunui-ā-Pāpārangi; and
(ii)
collectively exercise, or at any time exercised, customary rights and responsibilities in respect of the Whanganui River; and
(e)
(f)
does not include the iwi identified in clause 3 of Schedule 1.
(2)
In this section and section 9,—
customary rights and responsibilities means rights, interests, and responsibilities exercised in relation to the Whanganui River and its catchment according to tikanga Māori, including rights, interests, and responsibilities in relation to the use and occupation of the Whanganui River and its catchment
descended means that a person is descended from another person by—
(a)
birth; or
(b)
legal adoption; or
(c)
Māori customary adoption in accordance with the tikanga of Whanganui Iwi.
(3)
The tūpuna rohe groups of Whanganui Iwi are identified in clause 2 of Schedule 1.
9 Meaning of historical claims
(1)
In this Act, historical claims—
(a)
means the claims described in subsection (2); and
(b)
includes the claims described in subsection (3); but
(c)
does not include the claims described in subsection (4).
(2)
The historical claims are every claim that Whanganui Iwi or a representative entity had on or before the settlement date, or may have after the settlement date, and that—
(a)
is founded on a right arising—
(i)
from the Treaty of Waitangi or its principles; or
(ii)
under legislation; or
(iii)
at common law (including aboriginal title or customary law); or
(iv)
from a fiduciary duty; or
(v)
otherwise; and
(b)
arises from, or relates to, acts or omissions before 21 September 1992—
(i)
by or on behalf of the Crown; or
(ii)
by or under legislation; and
(c)
relates to the Whanganui River.
(3)
The historical claims include those parts of the Wai 167 claim to the Waitangi Tribunal that relate to the Whanganui River.
(4)
However, the historical claims do not include—
(a)
a claim that an individual referred to in section 8(1)(a), or a whānau, hapū, or group referred to in section 8(1), had or may have that is founded on a right arising by virtue of being descended from an ancestor who is not referred to in section 8(1)(a); or
(b)
a claim that Whanganui Iwi had or may have, to the extent that the claim does not relate to the Whanganui River; or
(c)
a claim that a representative entity had or may have that is based on a claim referred to in paragraph (a).
(5)
A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.
(6)
In this section, representative entity means—
(a)
the trustees; and
(b)
any person, including any trustee, acting for or on behalf of—
(i)
the collective group referred to in section 8(1)(a); or
(ii)
1 or more members of Whanganui Iwi; or
(iii)
1 or more of the whānau, hapū, or groups referred to in section 8(1)(c) or (d).
Part 2 Te Pā Auroa nā Te Awa Tupua—Te Awa Tupua framework
Subpart 1—Scope and effect of Te Pā Auroa nā Te Awa Tupua
10 Scope of this Part
This Part gives effect to Te Pā Auroa nā Te Awa Tupua, a framework that provides for—
(a)
the legal recognition of Te Awa Tupua:
(b)
the legal recognition and effect of Tupua te Kawa:
(c)
the establishment of Te Pou Tupua, its membership reflecting the partnership under the Treaty of Waitangi/Te Tiriti o Waitangi:
(d)
the establishment of Te Kōpuka nā Te Awa Tupua:
(e)
the development and effect of Te Heke Ngahuru ki Te Awa Tupua:
(f)
the vesting of the Crown-owned parts of the bed of the Whanganui River and other lands in Te Awa Tupua:
(g)
the establishment of Te Korotete o Te Awa Tupua.
11 Effect and interpretation of Te Pā Auroa
(1)
Te Pā Auroa is a relevant consideration in the exercise of all statutory functions, powers, and duties in relation to the Whanganui River or to activities in its catchment that affect the Whanganui River.
(2)
The statutory functions, powers, and duties referred to in subsection (1) must be exercised in a manner that is consistent with the purpose of the legislation under which those statutory functions, powers, and duties are exercised.
(3)
This Part must be interpreted in a manner that best furthers—
(a)
the intent of Te Pā Auroa set out in clause 1.4 of Ruruku Whakatupua—Te Mana o Te Awa Tupua; and
(b)
the agreements expressed in the deed of settlement in relation to Te Pā Auroa.
Subpart 2—Te Awa Tupua
Te Awa Tupua and Tupua te Kawa
12 Te Awa Tupua recognition
Te Awa Tupua is an indivisible and living whole, comprising the Whanganui River from the mountains to the sea, incorporating all its physical and metaphysical elements.
13 Tupua te Kawa
Tupua te Kawa comprises the intrinsic values that represent the essence of Te Awa Tupua, namely—
Ko Te Kawa Tuatahi
(a)
Ko te Awa te mātāpuna o te ora: the River is the source of spiritual and physical sustenance:
Te Awa Tupua is a spiritual and physical entity that supports and sustains both the life and natural resources within the Whanganui River and the health and well-being of the iwi, hapū, and other communities of the River.
Ko Te Kawa Tuarua
(b)
E rere kau mai i te Awa nui mai i te Kahui Maunga ki Tangaroa: the great River flows from the mountains to the sea:
Te Awa Tupua is an indivisible and living whole from the mountains to the sea, incorporating the Whanganui River and all of its physical and metaphysical elements.
Ko Te Kawa Tuatoru
(c)
Ko au te Awa, ko te Awa ko au: I am the River and the River is me:
The iwi and hapū of the Whanganui River have an inalienable connection with, and responsibility to, Te Awa Tupua and its health and well-being.
Ko Te Kawa Tuawhā
(d)
Ngā manga iti, ngā manga nui e honohono kau ana, ka tupu hei Awa Tupua: the small and large streams that flow into one another form one River:
Te Awa Tupua is a singular entity comprised of many elements and communities, working collaboratively for the common purpose of the health and well-being of Te Awa Tupua.
Legal status of Te Awa Tupua
14 Te Awa Tupua declared to be legal person
(1)
Te Awa Tupua is a legal person and has all the rights, powers, duties, and liabilities of a legal person.
(2)
The rights, powers, and duties of Te Awa Tupua must be exercised or performed, and responsibility for its liabilities must be taken, by Te Pou Tupua on behalf of, and in the name of, Te Awa Tupua, in the manner provided for in this Part and in Ruruku Whakatupua—Te Mana o Te Awa Tupua.
15 Legal effect of declaration of Te Awa Tupua status
(1)
This section applies to persons exercising or performing a function, power, or duty under an Act referred to in Schedule 2—
(a)
if the exercise or performance of that function, power, or duty relates to—
(i)
the Whanganui River; or
(ii)
an activity within the Whanganui River catchment that affects the Whanganui River; and
(b)
if, and to the extent that, the Te Awa Tupua status or Tupua te Kawa relates to that function, duty, or power.
(2)
Persons exercising or performing a function, power, or duty (decision makers) under the Acts listed in clause 1 of Schedule 2 must recognise and provide for—
(a)
the Te Awa Tupua status; and
(b)
Tupua te Kawa.
(3)
Decision makers under the Acts listed in clause 2 of Schedule 2 must have particular regard to—
(a)
the Te Awa Tupua status; and
(b)
Tupua te Kawa.
(4)
The obligations under subsections (2) and (3)—
(a)
apply in addition to section 11(1); and
(b)
must be carried out in a manner that is consistent with the purpose of the Act under which the function, power, or duty is exercised or performed.
(5)
Subsections (2) and (3)—
(a)
do not remove, or prevent the exercise of, any discretion that a decision maker has in exercising or performing a function, power, or duty under an Act referred to in subsection (2) or (3); but
(b)
permit a decision maker to consider the Te Awa Tupua status and Tupua te Kawa as determining factors when exercising or performing a function, power, or duty under an Act listed in Schedule 2.
(6)
If the exercise or performance of a function, power, or duty under subsection (2) or (3) requires a decision, document, or report, that decision, document, or report must state how the requirements of subsection (2) or (3), as the case may be, have been complied with.
16 Limits to effect of this Act and deed of settlement
Unless expressly provided for by or under this Act, nothing in this Act—
(a)
limits any existing private property rights in the Whanganui River; or
(b)
creates, limits, transfers, extinguishes, or otherwise affects any rights to, or interests in, water; or
(c)
creates, limits, transfers, extinguishes, or otherwise affects any rights to, or interests in, wildlife, fish, aquatic life, seaweeds, or plants; or
(d)
affects the application of any enactment.
17 Application of other Acts to Te Awa Tupua
Te Awa Tupua is to be treated as—
(a)
an institution for the purpose of applying for registration as a charitable entity under the Charities Act 2005:
(b)
a public body for the purposes of clauses 30 and 30A of Schedule 7 of the Local Government Act 2002:
(c)
a public authority for the purpose of section 33X of the Maritime Transport Act 1994:
(d)
a registered collector of taonga tūturu for the purposes of section 14 of the Protected Objects Act 1975:
(e)
a public authority for the purposes of the Resource Management Act 1991:
(f)
a body corporate for the purpose of applying to be a heritage protection authority under section 188 of the Resource Management Act 1991:
(g)
a public body for the purposes of sections 4 and 35 of the Outdoor Access Act 2008.
Section 17(g): amended, on 10 July 2026, by section 366 of the Regulatory Systems (Primary Industries) Amendment Act 2026 (2026 No 41).
Subpart 3—Te Pou Tupua
Establishment, purpose, functions, and powers
18 Establishment, purpose, and powers of Te Pou Tupua
(1)
The office of Te Pou Tupua is established.
(2)
The purpose of Te Pou Tupua is to be the human face of Te Awa Tupua and act in the name of Te Awa Tupua.
(3)
Te Pou Tupua has full capacity and all the powers reasonably necessary to achieve its purpose and perform and exercise its functions, powers, and duties in accordance with this Act.
19 Functions of Te Pou Tupua
(1)
The functions of Te Pou Tupua are—
(a)
to act and speak for and on behalf of Te Awa Tupua; and
(b)
to uphold—
(i)
the Te Awa Tupua status; and
(ii)
Tupua te Kawa; and
(c)
to promote and protect the health and well-being of Te Awa Tupua; and
(d)
to perform, for and on behalf of Te Awa Tupua, landowner functions for—
(i)
the land vested in Te Awa Tupua by section 41(1) or under section 53(3), except to the extent that section 42(2) is applicable; and
(ii)
any land transferred to, or vested in, Te Awa Tupua under section 48; and
(e)
to administer Te Korotete; and
(f)
to maintain the Te Awa Tupua register; and
(g)
for the purposes of section 60, to authorise the use of the name Te Awa Tupua; and
(h)
to enter into the relationship documents described in clauses 3.36 to 3.42 of Ruruku Whakatupua—Te Mana o Te Awa Tupua; and
(i)
to take any other action reasonably necessary to achieve its purpose and perform its functions.
(2)
Without limiting subsection (1), Te Pou Tupua, in performing its functions,—
(a)
must act in the interests of Te Awa Tupua and consistently with Tupua te Kawa:
(b)
must develop appropriate mechanisms for engaging with, and reporting to, the iwi and hapū with interests in the Whanganui River on matters relating to Te Awa Tupua, as a means of recognising the inalienable connection of those iwi and hapū with Te Awa Tupua:
(c)
may report publicly on matters relating to Te Awa Tupua:
(d)
may engage with any relevant agency, other body, or decision maker to assist it to understand, apply, and implement the Te Awa Tupua status and the Tupua te Kawa, including (if Te Pou Tupua and the agency, body, or decision maker agree) by developing or reviewing relevant guidelines or policies:
(e)
may participate in any statutory process affecting Te Awa Tupua in which Te Pou Tupua would be entitled to participate under any legislation.
Appointments
20 Appointments to Te Pou Tupua
Nominations
(1)
The office of Te Pou Tupua comprises 2 persons appointed by nominators as set out in subsections (2), (3), and (4).
(2)
One person must be nominated by the iwi with interests in the Whanganui River and one person must be nominated on behalf of the Crown as provided for in subsections (3) and (4).
(3)
In the case of the first nomination after the commencement of this Act, 1 person must be nominated on behalf of the Crown by the Minister for Treaty of Waitangi Negotiations, in consultation with the Minister for Māori Development, the Minister of Conservation, and the Minister for the Environment.
(4)
For all subsequent nominations, 1 person must be nominated on behalf of the Crown by the Minister for the Environment, in consultation with the Minister for Māori Development, the Minister of Conservation, and any other Minister that those Ministers consider to be relevant in light of the purpose of Te Pou Tupua.
(5)
In making their nominations, a nominator must be satisfied that the relevant nominee has the mana, skills, knowledge, and experience to achieve the purpose and perform the functions of Te Pou Tupua.
(6)
However, before making a nomination, a nominator must give notice to the other nominator—
(a)
of the name of the proposed nominee:
(b)
inviting comment from the other nominator on the suitability of the proposed nominee, having regard to the requirement of subsection (5).
Appointments
(7)
The nominators must jointly appoint the persons nominated under subsection (1), having regard to the ability of the 2 nominees jointly to fulfil the purpose and perform the functions of Te Pou Tupua.
(8)
Further provision is made for matters relevant to Te Pou Tupua in Part 1 of Schedule 3.
(9)
In this section and Schedule 3, nominator means, as the case requires,—
(a)
the iwi with interests in the Whanganui River:
(b)
the nominating Minister.
Administrative matters
21 Liabilities
(1)
The persons appointed to Te Pou Tupua are not personally liable for any action taken or omission made in their capacity as Te Pou Tupua, but only if the action or omission relates to their powers and functions under this Act and they have acted in good faith.
(2)
Except as provided for in section 56, Te Pou Tupua is responsible for the liabilities of Te Awa Tupua.
22 Administrative support
Te Pou Tupua and the trustees must enter into a contract under which the trustees provide administrative support for Te Pou Tupua, including support in the administration of Te Korotete (the Te Awa Tupua Fund), unless Te Pou Tupua and the trustees agree otherwise.
23 Application of Charities Act 2005
The persons appointed to Te Pou Tupua are to be treated, for the purpose of applying for registration as a charitable entity under the Charities Act 2005, as officers of Te Awa Tupua.
24 Application of Public Audit Act 2001
Te Pou Tupua is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.
25 Tax treatment of Te Awa Tupua and Te Pou Tupua
(1)
Te Awa Tupua and Te Pou Tupua are deemed to be the same person for the purposes of the Inland Revenue Acts and the liabilities and obligations placed on a person under those Acts.
(2)
In particular, and to avoid doubt,—
(a)
income derived by Te Awa Tupua is treated as income derived by Te Pou Tupua; and
(b)
expenditure incurred by Te Awa Tupua is treated as expenditure incurred by Te Pou Tupua; and
(c)
the application of funds attributable to Te Awa Tupua is treated as the application of funds attributable to Te Pou Tupua; and
(d)
goods and services supplied by Te Awa Tupua are treated as goods and services supplied by Te Pou Tupua; and
(e)
goods and services acquired or used by Te Awa Tupua are treated as goods and services acquired or used by Te Pou Tupua; and
(f)
obligations placed on Te Awa Tupua under section 15B of the Tax Administration Act 1994 are treated as obligations placed on Te Pou Tupua.
(3)
Any income, expenditure, supply, acquisition, or use as described in subsection (2) is not income, expenditure, supply, acquisition, or use by Te Awa Tupua.
(4)
A notice issued by the Commissioner of Inland Revenue to Te Awa Tupua is treated for the purposes of the Inland Revenue Acts as a notice issued to Te Pou Tupua.
(5)
Despite subsections (1) to (4), Te Awa Tupua and Te Pou Tupua are jointly and severally liable under the Inland Revenue Acts.
Amendments to Income Tax Act 2007
26 Amendments to Income Tax Act 2007
(1)
This section amends the Income Tax Act 2007.
(2)
After section CH 10, insert:
Expenditure other than for entities’ purposes
CH 11 Te Awa Tupua and Te Pou Tupua
When this section applies
(1)
This section applies when Te Pou Tupua, as defined in the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017, incurs an amount of expenditure in an income year for a purpose outside the scope and effect of Part 2 of that Act.
Income: amount of expenditure
(2)
Te Pou Tupua derives income in the income year equal to the amount of the expenditure.
(3)
After section CW 40B, insert:
CW 40C Te Pou Tupua
(1)
An amount of income derived by Te Pou Tupua (as defined in the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017) is exempt income.
(2)
However, subsection (1) does not apply for an amount of income under section CH 11 (Te Awa Tupua and Te Pou Tupua).
Te Karewao
27 Establishment and purpose of Te Karewao
(1)
An advisory group to be known as Te Karewao is established to provide advice and support to Te Pou Tupua in the performance of its functions.
(2)
In providing advice and support to Te Pou Tupua, Te Karewao must act in the interests of Te Awa Tupua and consistently with Tupua te Kawa.
(3)
Part 2 of Schedule 3 provides for matters relevant to Te Karewao.
28 Appointments to Te Karewao
(1)
Te Karewao consists of—
(a)
1 person appointed by the trustees; and
(b)
1 person appointed by the iwi with interests in the Whanganui River (other than Whanganui Iwi); and
(c)
1 person appointed by the relevant local authorities.
(2)
If Te Pou Tupua performs a function in relation to a discrete part of the Whanganui River, Te Karewao must also include 1 person appointed by the iwi and hapū with interests in that part of the River, but only for the purpose of providing advice and support about that function.
(3)
Despite subsections (1) and (2), Te Pou Tupua may invite other persons to assist it or Te Karewao, including representatives of—
(a)
the iwi or hapū with interests in the Whanganui; and
(b)
local authorities; and
(c)
relevant departments of State; and
(d)
other agencies that Te Pou Tupua considers relevant in the circumstances.
(4)
Persons invited under subsection (3) to give assistance do not become members of Te Karewao.
Subpart 4—Te Kōpuka nā Te Awa Tupua and Te Heke Ngahuru ki Te Awa Tupua
Te Kōpuka nā Te Awa Tupua
29 Nature and purpose of Te Kōpuka
(1)
Te Kōpuka is established to be a strategy group for Te Awa Tupua.
(2)
Te Kōpuka comprises representatives of persons and organisations with interests in the Whanganui River, including iwi, relevant local authorities, departments of State, commercial and recreational users, and environmental groups.
(3)
The purpose of Te Kōpuka is to act collaboratively to advance the health and well-being of Te Awa Tupua.
(4)
Further provisions relating to Te Kōpuka are set out in Part 1 of Schedule 4.
30 Functions of Te Kōpuka
(1)
The primary function of Te Kōpuka is to develop and approve Te Heke Ngahuru.
(2)
Further functions of Te Kōpuka are—
(a)
to monitor the implementation of Te Heke Ngahuru; and
(b)
to review Te Heke Ngahuru; and
(c)
to provide a forum for discussion of issues relating to the health and well-being of Te Awa Tupua; and
(d)
to perform any functions that may be delegated to it by a local authority; and
(e)
to take any other action that Te Kōpuka considers appropriate for achieving its purpose and performing its functions.
(3)
In performing its functions, Te Kōpuka must have particular regard to—
(a)
the Te Awa Tupua status; and
(b)
Tupua te Kawa.
(4)
Te Kōpuka may determine, in any particular circumstances, whether, how, and to what extent it performs any function specified in subsection (2).
31 General powers
Te Kōpuka has full capacity and all the powers reasonably necessary to achieve its purpose and perform its functions.
Membership of Te Kōpuka
32 Appointment of members
(1)
Te Kōpuka consists of not more than 17 members, appointed by the appointers as follows:
(a)
1 member appointed by the trustees:
(b)
up to 5 members appointed by the iwi with interests in the Whanganui River:
(c)
up to 4 members appointed by the relevant local authorities:
(d)
1 member appointed by the Director-General of Conservation:
(e)
1 member appointed by the New Zealand Fish and Game Council or its successor:
(f)
1 member appointed by Genesis Energy Limited or its successor:
(g)
1 member appointed to represent environmental and conservation interests:
(h)
1 member appointed to represent tourism interests:
(i)
1 member appointed to represent recreational interests:
(j)
1 member appointed to represent the primary industries sector.
(2)
The Manawatu–Wanganui Regional Council must make the appointments under subsection (1)(g) to (j), but only after it has consulted any groups representing the interests referred to in those paragraphs, the relevant departments of State, and other relevant agencies.
(3)
The appointers must use their best endeavours to appoint members not later than 40 working days—
(a)
after the settlement date; or
(b)
after the commencement of any subsequent term.
(4)
Before making an appointment under subsection (1), each appointer must—
(a)
be satisfied that the person to be appointed has the mana, skills, knowledge, or experience—
(i)
to participate effectively in Te Kōpuka; and
(ii)
to contribute to achieving the purpose of Te Kōpuka; and
(b)
have regard to any members already appointed to Te Kōpuka so as to ensure that the membership reflects a balanced mix of skills, knowledge, and experience.
(5)
In this section and section 33(3), appointers means the persons responsible for making appointments to Te Kōpuka under subsections (1) and (2).
Legal status of Te Kōpuka
33 Status of Te Kōpuka
(1)
Despite Schedule 7 of the Local Government Act 2002, Te Kōpuka is a permanent joint committee for the administrative purposes of—
(a)
the Manawatu–Wanganui Regional Council; and
(b)
the Ruapehu District Council; and
(c)
the Stratford District Council; and
(d)
the Whanganui District Council.
(2)
The relevant local government legislation does not apply to Te Kōpuka.
(3)
In this section, permanent joint committee means a joint committee described in clause 30(1)(b) of Schedule 7 of the Local Government Act 2002 except that the committee must not be discharged other than with the written and unanimous agreement of the appointers.
Collaboration in freshwater planning
34 Collaborative planning process
If at any time the Manawatu–Wanganui Regional Council adopts, under any legislation, a collaborative planning process to develop a policy statement or plan relating to freshwater management in the Whanganui River catchment, Te Kōpuka is to be the group appointed by the Council for that process.
Te Heke Ngahuru ki Te Awa Tupua
35 Purpose of Te Heke Ngahuru
The purpose of Te Heke Ngahuru is to provide for the collaboration of persons with interests in the Whanganui River, in order to address and advance the health and well-being of Te Awa Tupua.
36 Contents of Te Heke Ngahuru
(1)
Te Heke Ngahuru must—
(a)
identify the issues relevant to the health and well-being of Te Awa Tupua; and
(b)
provide a strategy to deal with those issues; and
(c)
recommend actions to deal with those issues.
(2)
Provisions relating to the development, approval, notification, and review of Te Heke Ngahuru are set out in Part 2 of Schedule 4.
37 Legal effect of Te Heke Ngahuru
(1)
Persons exercising or performing functions, powers, or duties under any of the Acts referred to in subsection (2) must have particular regard to Te Heke Ngahuru.
(2)
The Acts are as follows:
(a)
the Acts listed in clause 1 of Schedule 2; and
(b)
(ba)
the rest of the Natural Environment Act 2026; and
(bb)
the rest of the Planning Act 2026; and
(c)
the rest of the Resource Management Act 1991.
(3)
The obligations under subsection (1) apply—
(a)
if the exercise or performance of that function, power, or duty relates to—
(i)
the Whanganui River; or
(ii)
an activity within the Whanganui River catchment that affects the Whanganui River; and
(b)
in a manner that is consistent with the purpose of the Act under which that function, power, or duty is exercised or performed; and
(c)
if, and to the extent that, Te Heke Ngahuru relates to that function, power, or duty.
(4)
If the exercise or performance of a function, power, or duty referred to in this section is the subject of a written report, decision, or document, the report, decision, or document must state how subsection (1) has been complied with.
(5)
A person exercising or performing a function, power, or duty to which this section applies may, in his or her discretion, adopt or implement Te Heke Ngahuru, wholly or in part, including as part of an RMA planning document, but may do so only in accordance with the applicable statutory process.
(6)
In this section and section 38, RMA planning document means a regional policy statement, regional plan, or district plan as these terms are defined in section 43AA of the Resource Management Act 1991.
Section 37(2)(ba): inserted, on 1 October 2026, by section 343(1) of the Planning Act 2026 (2026 No 70).
Section 37(2)(bb): inserted, on 1 October 2026, by section 343(1) of the Planning Act 2026 (2026 No 70).
38 Review of RMA planning documents
(1)
Each time Te Heke Ngahuru, or an amendment to it, is approved, each relevant local authority—
(a)
must consider its RMA planning documents in light of the Te Awa Tupua status, Tupua te Kawa, and Te Heke Ngahuru; and
(b)
may, in its discretion, initiate a review of an RMA planning document under section 79 of the Resource Management Act 1991 in order to meet its obligations under sections 15(2) and (3) and 37(1).
(2)
If a relevant local authority initiates a review under subsection (1), on completion of that review,—
(a)
the local authority must inform Te Kōpuka and Te Pou Tupua of the outcome of the review; and
(b)
if it considers that an RMA planning document requires alteration, it may propose to change the document under Schedule 1 of the Resource Management Act 1991; but
(c)
if it considers that an RMA planning document does not require alteration, it need not give public notice of that document despite section 79 of the Resource Management Act 1991.
Subpart 5—Kia Matara Rawa—Vesting of parts of bed of Whanganui River in Te Awa Tupua
39 Interpretation
(1)
In this subpart and Schedule 5,—
adjoining land means land that immediately before the settlement date had, or on or after the settlement date has, a water boundary with the Whanganui River, whether or not that land, on or after the settlement date, is physically adjacent to the bed of the River
balance land means the land that remains in the name of the transferor after the rest of the land is transferred to, or vested in, Te Awa Tupua
cadastre has the meaning given in section 4 of the Cadastral Survey Act 2002
Crown land has the meaning given in section 2 of the Land Act 1948
Crown-owned parts of the bed of the Whanganui River means the parts of the bed of that River that were, immediately before the settlement date, owned by the Crown and held under—
(a)
the Conservation Act 1987; or
(b)
the Land Act 1948; or
(c)
the Reserves Act 1977; or
(d)
interest, in relation to the bed of the Whanganui River, means a covenant, easement, lease, licence, licence to occupy, or other right or obligation relating to the bed of the Whanganui River
Māori customary land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
Māori freehold land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
Māori land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
railway infrastructure has the meaning given in section 4(1) of the Railways Act 2005
Registrar-General means the Registrar-General of Land appointed in accordance with section 4 of the Land Transfer Act 1952
structure has the meaning given in section 2(1) of the Resource Management Act 1991
transfer land means land to which section 48 applies
transferor means the person in whose name the fee simple estate in the balance land and transfer land is registered immediately before the transfer or vesting of the transfer land under this subpart
water boundary means a moveable natural boundary set at the landward margin of the bed of any river, stream, or lake
Whanganui River and the River mean—
(a)
the body of water known as the Whanganui River that flows continuously or intermittently from its headwaters to the mouth of the Whanganui River on the Tasman Sea and is located within the Whanganui River catchment; and
(b)
all tributaries, streams, and other natural watercourses that flow continuously or intermittently into the body of water defined in paragraph (a) and are located within the Whanganui River catchment; and
(c)
all tributaries, streams, and other natural watercourses that flow continuously or intermittently into any lakes that are connected continuously or intermittently with the bodies of water defined in paragraphs (a) and (b); and
(d)
the beds of the body of water, tributaries, streams, and other natural watercourses defined in paragraphs (a) to (c).
(2)
To avoid doubt, in this subpart and Schedule 5, Whanganui River does not include any lake or lake bed.
Vesting
40 Removal of existing status
On the settlement date, any Crown-owned part of the bed of the Whanganui River that is—
(a)
a conservation area under the Conservation Act 1987 ceases to be a conservation area:
(b)
Crown land under the Land Act 1948 ceases to be Crown land:
(c)
a national park under the National Parks Act 1980 ceases to be a national park:
(d)
a reserve under the Reserves Act 1977 has its reservation revoked.
41 Vesting
(1)
On the settlement date, the fee simple estate in the Crown-owned parts of the bed of the Whanganui River vests in Te Awa Tupua.
(2)
The vesting by subsection (1) does not include—
(a)
legal roads; or
(b)
railway infrastructure; or
(c)
structures; or
(d)
to avoid doubt, any part of the bed of the Whanganui River—
(i)
held under the Public Works Act 1981; or
(ii)
located in the marine and coastal area.
(3)
Despite section 11(1) of the Crown Minerals Act 1991, the vesting by subsection (1) includes pakohe, gravel, sand, and shingle in or on the land that is vested, but only to the extent that they are owned by the Crown.
42 Restoration of former status
(1)
Upon the vesting of the fee simple estate in the Crown-owned parts of the bed of the Whanganui River by section 41(1), any part that, immediately before the vesting, was—
(a)
a conservation area is declared to be a conservation area under the Conservation Act 1987 and is subject to the same conservation purposes that applied before the vesting by section 41(1):
(b)
a national park is declared to be a national park under the National Parks Act 1980:
(c)
a reserve is declared to be a reserve under the Reserves Act 1977 and subject to the same reserve classification that it had immediately before the vesting by section 41(1).
(2)
The functions, powers, and duties arising under an Act referred to in subsection (1) continue to apply instead of the functions, powers, and duties that would otherwise have been exercised or performed by Te Pou Tupua under section 19(1)(d)(i) as a result of the vesting.
Land not to be alienated
43 Limits on alienation of land vested in Te Awa Tupua
(1)
The following land, for as long as it is part of the bed of the Whanganui River, must not be alienated:
(a)
the land vested by section 41(1); and
(b)
any land vested under section 53(3) or 55(3)(a).
(2)
In this section, alienate—
(a)
means to sell, gift, mortgage, charge, or otherwise transfer; but
(b)
does not include—
(i)
the acquisition or taking under Part 2 of the Public Works Act 1981 of an interest in the land that is less than a fee simple estate; or
(ii)
except in the case of an acquisition or a taking described in subparagraph (i), the granting, for a term of less than 35 years (including any renewals), of an easement, a lease, a licence, or other interest in the land that is less than a fee simple estate.
(3)
Subsection (1) does not apply to minerals vested in Te Awa Tupua by section 41(3).
(4)
If a matter arises that may lead to the development of a proposal to acquire or take an interest in land less than a fee simple estate under Part 2 of the Public Works Act 1981, as soon as is reasonably possible the Crown or local authority, as the case may be, must—
(a)
fully inform Te Pou Tupua of the matter that has arisen; and
(b)
engage with Te Pou Tupua on the development of any proposal, including the nature and terms of any proposed acquisition or taking of land that is less than a fee simple estate in the land.
(5)
In subsection (4)(b), the process of engagement between Te Pou Tupua and the Crown or local authority, as the case may be, includes a requirement—
(a)
to provide Te Pou Tupua with relevant information on the nature of the matter that has arisen; and
(b)
to invite Te Pou Tupua to participate with the Crown or local authority, as the case may be, in developing the nature and terms of any acquisition or taking of an interest in land less than a fee simple estate in the land.
Application of certain legislation and rules of law
44 Application of certain legislation
(1)
The following legislation does not apply to the vesting of land by section 41(1) or under section 53(3):
(a)
Part 4A of the Conservation Act 1987:
(b)
the Public Works Act 1981, except as provided for by section 55(2)(b):
(c)
sections 24 and 25 of the Reserves Act 1977:
(d)
Te Ture Whenua Maori Act 1993, except as expressly provided for in this Act.
(2)
The vesting by section 41(1) or under section 53(3) does not, unless expressly provided for,—
(a)
limit section 10 or 11 of the Crown Minerals Act 1991; or
(b)
affect other lawful rights to subsurface minerals.
(3)
Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—
(a)
the vesting by section 41(1) or under section 53(3); or
(b)
any vesting in the Crown under section 54(2) or 55(7); or
(c)
any matter incidental to, or required for the purpose of, any vesting.
45 Application of certain rules to adjoining lands
(1)
Subsection (2) applies if, and to the extent that, there are water boundaries between the Whanganui River and the adjoining lands.
(2)
The common law rules of accretion, erosion, and avulsion apply to the water boundaries when the adjoining lands are subject to those rules.
(3)
In relation to land transferred or vested under section 48(2) or 49(1), the boundary between the transferred or vested land and any adjoining land is a water boundary.
Status of certain rights and interests
46 Certain matters not affected by vesting
(1)
The vesting of the Crown-owned parts of the bed of the Whanganui River by section 41(1) or under section 53(3) or 55(3)(a) does not create or transfer—
(a)
a proprietary interest in water; or
(b)
a proprietary interest in wildlife, fish, aquatic life, seaweeds, or plants (except in relation to plants attached to the bed of the Whanganui River).
(2)
The following matters are preserved and not affected by the vesting of the Crown-owned parts of the Whanganui River by section 41(1) or under section 53(3) or 55(3)(a):
(a)
existing public use of, and access to and across, the Whanganui River, including navigation rights; and
(b)
existing private property rights, including customary rights and title; and
(c)
the existing rights of State-owned enterprises and mixed ownership model companies; and
(d)
existing resource consents and other existing statutory authorisations; and
(e)
(f)
the existing ownership of, and consents for, lawful structures in or on any part of the Whanganui River, and any existing lawful rights to use, access, occupy, maintain, remove, repair, or demolish those structures; and
(g)
the statutory functions, powers, and duties of the relevant local authorities, except as otherwise provided in this Act; and
(h)
the application of any other enactment, unless expressly provided otherwise by this Act.
(3)
Despite the vestings referred to in subsection (1),—
(a)
the consent of Te Pou Tupua to use water is not required but a consent authority may determine under the Resource Management Act 1991 that Te Pou Tupua is an affected person for the purpose of applications for resource consents relating to water; and
(b)
the consent of Te Pou Tupua may be required in relation to the use of the bed of the Whanganui River.
(4)
In this section,—
mixed ownership model company means a company listed in Schedule 5 of the Public Finance Act 1989
State-owned enterprise means a company listed in Schedule 1 of the State-Owned Enterprises Act 1986
to use water includes to take, dam, divert, or discharge into water, but does not include the use of land, including the bed of the Whanganui River, or the erection of structures.
47 Certain existing interests continue to apply
(1)
In this section, existing interest means, in relation to land vested by section 41(1) or under section 53(3) or 55(3)(a), a lawful interest in existence immediately prior to the date on which the land is vested.
(2)
An existing interest continues to apply in accordance with its terms, with any necessary modifications, until—
(a)
the land is no longer part of the bed of the Whanganui River; or
(b)
the interest expires or is terminated, whichever is the sooner.
(3)
Unless section 42(2) applies, on and from the date on which the land is vested,—
(a)
Te Pou Tupua is to be treated as the grantor of any existing interests granted at any time before the vesting by the Crown as the landowner; and
(b)
a reference in a document to the enactment under which that interest was granted is to be read as a reference to this Act.
Future acquisitions and interests
48 Bed of River on land not owned or held by the Crown
(1)
This section—
(a)
applies to land—
(i)
not owned or otherwise held by the Crown under any enactment; and
(ii)
on which, at any time after the settlement date, any part of the Whanganui River is located; but
(b)
does not apply to Māori land.
(2)
The part of the land on which the bed of the Whanganui River is located may be transferred to, or vested in, Te Awa Tupua as long as written agreement for the transfer or vesting is first obtained from Te Pou Tupua and the owner of the land.
(3)
If any land transferred to, or vested in, Te Awa Tupua under this section is subject to a lease, licence, mortgage, or charge, the consent of the holder of the lease, licence, mortgage, or charge is required.
49 Bed of River on Māori freehold land
(1)
If part of the Whanganui River is located on Māori freehold land, the Māori Land Court may, on application by a person referred to in subsection (2), make a vesting order to vest in Te Awa Tupua the part of any Māori freehold land on which the bed of the Whanganui River is located.
(2)
The persons who may apply to the Māori Land Court under subsection (1) are—
(a)
the legal owners of the fee simple estate in the land, if the legal owners are different from the beneficial owners of the land:
(b)
any legal owners of the fee simple estate in the land, if the legal owners are the same as the beneficial owners:
(c)
Te Pou Tupua.
(3)
The Māori Land Court must not make a vesting order under subsection (1)—
(a)
without the consent, as applicable, of—
(i)
at least 75% of the owners, if no owner has a defined share in the land; or
(ii)
the persons who together own at least 75% of the beneficial freehold interest in the land; and
(b)
without the consent of the legal owners of the fee simple estate in the land, if that owner differs from the beneficial owners of the land.
(4)
The Māori Land Court must not make a vesting order in respect of Māori freehold land set apart as a Māori reservation under Part 17 of Te Ture Whenua Maori Act 1993 or any prior enactment to the same effect unless—
(a)
the reservation of the land is first cancelled under section 338 of that Act; or
(b)
the land to be vested in Te Awa Tupua under subsection (1) is first excluded from the reservation under that section.
(5)
Land that is subject to a lease, licence, mortgage, or charge may be vested in Te Awa Tupua under this section, but only with the consent of the holder of the lease, licence, mortgage, or charge.
(6)
In exercising its jurisdiction under subsection (1), the Māori Land Court may make other orders that it considers necessary—
(a)
to provide for reasonable access to any part of the balance land:
(b)
to apportion or adjust, as between the land vested in Te Awa Tupua under subsection (1) and the balance land, all rights, obligations, or liabilities arising from any lease, licence, mortgage, or charge to which the land is subject at the date of the vesting.
(7)
In exercising its powers under subsection (6)(b), the Māori Land Court—
(a)
may exercise those powers as it thinks equitable; but
(b)
must not, if the land is subject to a mortgage or lease, apportion or adjust any rights, obligations, or liabilities without the consent of the mortgagee or lessee.
(8)
Every order made under subsection (6)(b)—
(a)
has effect according to its tenor in the same manner and in all respects as if the necessary transfers, releases, covenants, and other dispositions or agreements had been duly made by the appropriate persons; and
(b)
may be registered under the Land Transfer Act 1952 accordingly.
(9)
The following provisions of Te Ture Whenua Maori Act 1993 apply, as relevant, to orders made under subsection (1):
(a)
section 43 (relating to rehearings):
(b)
section 44 (relating to the special powers of the Chief Judge):
(c)
section 49 (which confers a right of appeal to the Māori Appellate Court):
(d)
section 77 (which provides for when orders become conclusive):
(e)
section 123 (which provides for orders affecting title to Māori freehold land to be registered).
50 Registration and related matters
(1)
If land is transferred to, or vested in, Te Awa Tupua under section 48(2) or 49(1), the Registrar-General must, upon registration of the transfer or vesting of the land,—
(a)
cancel the existing computer register for both the balance land and the land that is transferred or vested; and
(b)
create 1 computer register for the estate in the balance land in the name of the registered proprietor immediately prior to the transfer or vesting, as the case may be.
(2)
Land vested under section 49(1) ceases to be Māori freehold land upon registration of the vesting order.
(3)
The land transferred or vested under section 48(2) or 49(1) must, for as long as Te Awa Tupua remains the legal owner of the land, be described in the cadastre as part of the bed of the Whanganui River.
(4)
The transfer or vesting of land under section 48(2) or 49(1) is subject to the completion of any survey required to create a computer register for any balance land.
51 Return of land transferred or vested under section 48 or 49
(1)
This section applies—
(a)
to any part of the bed of the Whanganui River that—
(i)
has been transferred to, or vested in, Te Awa Tupua under section 48(2) or 49(1); but
(ii)
no longer forms part of the bed of the Whanganui River because there has been a change in the course of the River arising from a natural event or process; and
(b)
for the purpose of enabling Te Pou Tupua to amalgamate land that no longer forms part of the bed of the Whanganui River with adjoining land owned by others (appurtenant land).
(2)
If the conditions set out in subsection (1) are met,—
(a)
Te Pou Tupua may transfer the land referred to in subsection (1)(a) to the owner of the appurtenant land; or
(b)
in the case of land that was formerly Māori freehold land, the Māori Land Court may, on application by Te Pou Tupua, make a vesting order to vest the land in the owner of the appurtenant land.
(3)
In making a vesting order under subsection (2)(b), the Māori Land Court—
(a)
must include in the order the relative interests of the several owners of the land, which must be calculated by reference to the relative values of the interests those owners hold in the appurtenant land; and
(b)
may vest the land in—
(i)
the owners of the land, in the shares set out in the order described in paragraph (a), if those persons are the legal owners of the appurtenant land; or
(ii)
if those persons differ from the legal owners of the appurtenant land, the legal owners of the appurtenant land on behalf of those persons; and
(c)
may cancel the titles under which the vested land and the appurtenant land are held and make an amalgamation order substituting for those titles 1 title for the whole of the land.
(4)
Land transferred or vested under subsection (2) becomes adjoining land to which section 45 applies.
(5)
Land vested under subsection (2)(b) becomes Māori freehold land upon registration of the vesting order.
(6)
A transfer or vesting under subsection (2) is subject to the completion of any survey required to create a computer register for the land to be transferred or vested.
(7)
The owner of the appurtenant land may apply to the Registrar-General to issue 1 computer register for the appurtenant land and the land transferred or vested under this section.
(8)
The Registrar-General must comply with an application received under subsection (7).
52 Application of other enactments
(1)
Section 11 and Part 10 of the Resource Management Act 1991 do not apply to the transfer or vesting of land under section 48(2), 49(1), or 51(2) or to any matter incidental to, or required for, the purpose of that transfer or vesting.
(2)
A transfer or vesting referred to in subsection (1) does not—
(a)
limit section 10 or 11 of the Crown Minerals Act 1991; or
(b)
affect other lawful rights to subsurface minerals.
(3)
Section 123 of Te Ture Whenua Maori Act 1993 applies to any orders made under section 49(1) or (6) or 51(2)(b) or (3)—
(a)
while Te Awa Tupua is the legal owner of the land to which the orders apply; and
(b)
as if the orders were orders to which Part 5 of Te Ture Whenua Maori Act 1993 applies.
(4)
In relation to a transfer or vesting referred to in subsection (1), 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.
53 Land that becomes part of bed of Whanganui River
(1)
Subsection (3) applies to any part of land owned by the Crown if, after the settlement date,—
(a)
the land is held under an Act referred to in subsection (2); and
(b)
the land is or, because there is a change in the course of the River arising from a natural event or process, becomes part of the bed of the Whanganui River.
(2)
The Acts referred to in subsection (1)(a) are—
(a)
(b)
the Land Act 1948:
(c)
(d)
the Reserves Act 1977.
(3)
On and from the date on which the land referred to in subsection (1) becomes part of the bed of the Whanganui River, the fee simple estate in that land vests in Te Awa Tupua as if that land were vested by section 41(1).
54 Land that ceases to be part of bed of Whanganui River
(1)
This section applies if, after the settlement date,—
(a)
land that was part of the Crown-owned bed of the Whanganui River ceases to be part of the bed of the Whanganui River because there is a change in the course of the River arising from a natural event or process; and
(b)
the title to that land is not determined by an enactment or by the common law rules of accretion, erosion, or avulsion.
(2)
If the land to which this section applies was previously vested in Te Awa Tupua under section 53(3) or by section 41(1), on and from the date that the land ceases to be part of the bed of the Whanganui River, that land—
(a)
vests in the Crown; and
(b)
resumes the status it had immediately before it was vested in Te Awa Tupua, in accordance with the Act under which the land was formerly held.
(3)
However, in relation to land to which this section applies, any existing interests continue to apply under the legislation that applied to that interest prior to the vesting in, or transfer of the land to, Te Awa Tupua until the interest expires or is terminated, whichever is the sooner.
(4)
In subsection (3), existing interests has the meaning given in section 47(1).
55 Land held under Public Works Act 1981 and no longer required for public work
(1)
This section applies to any parts of the bed of the Whanganui River that are held by the Crown under the Public Works Act 1981.
(2)
If at any time a part of the bed of the Whanganui River to which this section applies is no longer required for a public work under the Public Works Act 1981, the chief executive of Land Information New Zealand must—
(a)
notify Te Pou Tupua in writing as to the part of the bed that is no longer required for a public work; and
(b)
comply with the requirements of sections 40 and 41 of the Public Works Act 1981.
(3)
If any land that is part of the bed remains in Crown ownership after the requirements under subsection (2)(b) have been complied with,—
(a)
on and from the date on which that compliance is complete, that land vests in Te Awa Tupua; and
(b)
the chief executive of Land Information New Zealand must notify Te Pou Tupua in writing that that land has been vested in Te Awa Tupua under this subsection; and
(c)
that land must be described in the cadastre as part of the bed of the Whanganui River.
(4)
Land vested under subsection (3)(a)—
(a)
does not include structures or any part of the bed of the Whanganui River located in the marine and coastal area; but
(b)
despite section 11(1) of the Crown Minerals Act 1991, does include pakohe, gravel, sand, and shingle in or on the land that is vested, but only to the extent that they are owned by the Crown.
(5)
Part 4A of the Conservation Act 1987 and section 11 and Part 10 of the Resource Management Act 1991 do not apply—
(a)
to the vesting of any part of the bed of the Whanganui River under subsection (3)(a); or
(b)
to any matter incidental to, or required by, that vesting.
(6)
Subsection (7) applies if—
(a)
land vested in Te Awa Tupua by subsection (3)(a) ceases to be part of the bed of the Whanganui River as a result of a change in the course of the River arising from a natural event or process; and
(b)
the title to that land is not determined by legislation or by the common law rules of accretion, erosion, or avulsion.
(7)
Land described in subsection (6) vests in the Crown as Crown land subject to the Land Act 1948.
Liabilities and responsibilities
56 Certain exclusions
(1)
The liabilities of Te Awa Tupua in respect of land it owns by virtue of section 41(1), 53(3), or 55(3)(a) are excluded in accordance with clause 1 of Schedule 5.
(2)
On and from the date on which land is vested by section 41(1) or under section 53(3) or 55(3)(a), the Crown continues to have the liabilities applying under clause 2 of Schedule 5.
Subpart 6—Te Korotete o Te Awa Tupua, Te Awa Tupua Fund
57 Te Korotete established
(1)
There is a fund called Te Korotete.
(2)
Te Korotete includes the Crown contribution to Te Korotete, as provided for by clause 7.1 of Ruruku Whakatupua—Te Mana o Te Awa Tupua.
(3)
The purpose of Te Korotete is to support the health and well-being of Te Awa Tupua.
58 Administration of Te Korotete
(1)
Te Korotete must be—
(a)
held by Te Awa Tupua; and
(b)
administered by Te Pou Tupua on behalf of Te Awa Tupua.
(2)
In administering Te Korotete, Te Pou Tupua must—
(a)
seek advice and recommendations from Te Karewao; but
(b)
make all final decisions in relation to Te Korotete.
(3)
To avoid doubt,—
(a)
grants from Te Korotete may be combined with funds from other sources:
(b)
Te Awa Tupua may seek and receive contributions for Te Korotete from any source.
(4)
The trustees must support T