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

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Ngāti <strong>Tuwharetoa</strong> (<strong>Bay</strong> <strong>of</strong> <strong>Plenty</strong>)<br />

<strong>Claims</strong> <strong>Settlement</strong> Part 5 cl 129<br />

128 Effect <strong>of</strong> Crown forestry licences on redress licensed<br />

land<br />

(1) On and from the redress licensed land settlement date, the<br />

governance entity is the licensor under any Crown forestry<br />

licences in relation to the redress licensed land as if that land<br />

had been returned to Maori ownership under section 36 <strong>of</strong> the<br />

Crown Forests Assets Act 1989.<br />

(2) To the extent that the Crown has not completed the process<br />

described in clause 17.4 <strong>of</strong> the Crown forestry licences in<br />

relation to the redress licensed land before the redress licensed<br />

land settlement date, it must continue the process after that<br />

date until its completion.<br />

(3) For the period from the redress licensed land settlement date<br />

until the completion by the Crown <strong>of</strong> the process referred to in<br />

subsection (2), the licence fee payable under the Crown<br />

forestry licence in respect <strong>of</strong> the redress licensed land is the<br />

amount described in clause 6.3.5(a) <strong>of</strong> the deed <strong>of</strong> settlement.<br />

(4) To avoid doubt, section 36(1)(b) <strong>of</strong> the Crown Forests Assets<br />

Act 1989 does not apply to the redress licensed land.<br />

Rights <strong>of</strong> access over redress licensed land<br />

129 Access to protected sites over redress licensed land<br />

(1) On and from the redress licensed land settlement date, the<br />

owner <strong>of</strong> the redress licensed land, or any person holding an<br />

interest or occupancy right from the owner, must allow Māori<br />

for whom a protected site is <strong>of</strong> special spiritual, cultural, or<br />

historical significance to have access over the redress licensed<br />

land to that site.<br />

(2) The right <strong>of</strong> access under subsection (2) may be exercised by<br />

vehicle over any existing reasonably convenient routes or on<br />

foot over any reasonably convenient route specified, in each<br />

case, by the owner subject to the following conditions:<br />

(a) a person intending to exercise the right <strong>of</strong> access must<br />

give the owner reasonable notice in writing <strong>of</strong> his or her<br />

intention to exercise the right; and<br />

(b) the right <strong>of</strong> access may be exercised only at reasonable<br />

times and during daylight hours; and<br />

(c) a person exercising the right must observe any reasonable<br />

conditions imposed by the owner—<br />

101

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