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

Part 4 cl 116
Ngāti Tuwharetoa (Bay of Plenty)
Claims Settlement
(2) The Minister of Conservation must not make a recommendation
for the purposes of subsection (1) unless—
(a) the governance entity and the Minister of Conservation
have agreed in writing that the status as an Owhakatihi
is no longer appropriate for the area concerned; or
(b) the area concerned is alienated by the Crown; or
(c) the responsibility for managing the area concerned is
transferred to another Minister of the Crown or
department.
(3) Subsection (4) applies if—
(a) either of subsection (2)(b) or (c) applies; or
(b) there is a change in the statutory management regime
that applies to all or part of the Owhakatihi.
(4) If this subsection applies, the Crown must take reasonable
steps to ensure that the governance entity continues to have
input into the management of the Owhakatihi, or that part of
it, affected by the alienation or change in management responsibility,
through negotiation with the governance entity by—
(a) the Minister of the Crown responsible for the new management
or the management regimes; or
(b) the Commissioner of Crown Lands; or
(c) any other responsible officer.
117 Exercise of powers, duties, and functions
(1) Nothing in section 103 or section 104 affects or may be taken into
account in the exercise of any power, duty, or function of any
person or entity under any statute, regulation, or bylaw.
(2) No person or entity, in considering any matter or making any
decision or recommendation under any statute, regulation, or
bylaw, may give any greater or lesser weight to Ngāti
Tuwharetoa (Bay of Plenty) values than that person or entity
would give under the relevant statute, regulation, or bylaw, if
the area were not an Owhakatihi and Ngāti Tuwharetoa (Bay
of Plenty) values had not been acknowledged in relation to the
area.
(3) Subsection (2) does not limit the operation of subsection (1).
(4) This section applies subject to the other express provisions of
this subpart.
96