Ng¯ati Tuwharetoa (Bay of Plenty) Claims Settlement Bill

Ngāti Tuwharetoa (Bay of Plenty)
Claims Settlement Part 4 cl 94
(b) has particular regard to the views of the governance
entity.
(3) The land holding agent must not suspend a Nohoanga entitlement
unless he or she considers the suspension necessary for
the management of the land, having regard to the purposes for
which the land is held by the land holding agent.
(4) If a Nohoanga entitlement is suspended, the governance entity
may, after the end of the suspension, permit members of Ngāti
Tuwharetoa (Bay of Plenty) to occupy the entitlement land for
a period equal to the period of the suspension.
(5) The occupation of the entitlement land under subsection (4) is
not subject to the restriction under section 82(2).
94 Termination of Nohoanga entitlement
(1) The governance entity and the Crown may terminate a
Nohoanga entitlement by agreement in writing.
(2) The Crown may terminate a Nohoanga entitlement by giving
written notice to the governance entity on 1 or more of the
following grounds:
(a) that the Crown has alienated the entitlement land:
(b) that the entitlement land has, by a natural cause, been
destroyed or permanently and detrimentally affected:
(c) that the entitlement land is on reserve land that is
required for the specific purpose for which it was originally
set apart as a reserve:
(d) that the entitlement land was an unformed legal road
that is now formed:
(e) subject to section 90, that lawful access to the entitlement
land has ceased to exist.
(3) On the termination of a Nohoanga entitlement under this
section, the Crown must take all reasonable steps to grant
replacement entitlement land to the governance entity.
(4) Subsection (3) does not apply in relation to a Nohoanga entitlement
if the fee simple estate in the entitlement land is vested in
the governance entity.
(5) The grant of replacement entitlement land under subsection (3)
must be over land that—
(a) complies with clause 5.6.4 of the deed of settlement;
and
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