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

Part 4 cl 94
Ngāti Tuwharetoa (Bay of Plenty)
Claims Settlement
(b) is identified by similar processes used by the Crown and
Ngāti Tuwharetoa (Bay of Plenty) to identify entitlement
land before entering into the deed of settlement.
95 Termination of Nohoanga entitlement for breach of
obligations
(1) This section applies if the governance entity defaults in performing
any of its obligations under a Nohoanga entitlement.
(2) If the default is capable of remedy, the Crown may give notice
to the governance entity in writing, specifying the default and
the remedy for the default required by the Crown.
(3) The remedy required by the Crown must be reasonable in the
circumstances.
(4) If, at the end of 41 business days after notice is given by the
Crown under subsection (2), the governance entity has not remedied,
or taken appropriate action to remedy, the default as
required by the Crown, the Crown may immediately terminate
the Nohoanga entitlement by notice in writing to the governance
entity.
(5) If the default is not capable of remedy, the Crown may immediately
terminate the Nohoanga entitlement by notice in writing
to the governance entity.
(6) The governance entity may, not earlier than 2 years after the
termination of a Nohoanga entitlement under this section,
apply to the Minister of Māori Affairs for the grant of a
replacement Nohoanga entitlement that complies with clause
5.6.4 of the deed of settlement.
(7) On receipt of an application under subsection (6), the Crown
may, in its discretion, take reasonable steps to grant a replacement
Nohoanga entitlement over land that—
(a) complies with clause 5.6.4 of the deed of settlement;
and
(b) is identified by similar processes used by the Crown and
Ngāti Tuwharetoa (Bay of Plenty) to identify Nohoanga
entitlements before entering into the deed of settlement.
96 Notification of termination of Nohoanga entitlement
(1) If a Nohoanga entitlement is terminated under section 94 or
section 95, the land holding agent must give notice of the
termination in the Gazette.
90