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

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Schedule 7 Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement When Mātāriki (the Pleiades constellation) was first seen, usually before sunrise in the middle of winter, the people would set kūmara in beds in the warm earth and for 2 to 3 weeks tubers would sprout. This was the nursery from which the main crops would be planted. These were the resources that provided sustenance for the many hapū who lived up and down the banks of the Rangitaiki River. The people travelled along the river by canoe, often to visit relatives, to the upper reaches and downstream to the sea where mullet, herring, and whitebait were caught. Specially made canoes were used for reclamation work. Purposes of statutory acknowledgement Under section 38, and without limiting the rest of this Schedule, the only purposes of this statutory acknowledgement are— (a) to require that relevant consent authorities, the New Zealand Historic Places Trust, or the Environment Court, as the case may be, have regard to this statutory acknowledgement in relation to the Rangitaiki River, as provided in sections 39 to 41; and (b) to require that relevant consent authorities forward summaries of resource consent applications to the governance entity as provided in section 43; and (c) to enable the governance entity and any member of Ngāti Tuwharetoa (Bay of Plenty) to cite this statutory acknowledgement as evidence of the association of Ngāti Tuwharetoa (Bay of Plenty) with the Rangitaiki River as provided in section 44. In this statutory acknowledgement river— (a) means— (i) a continuously or intermittently flowing body of fresh water including a stream and modified water course; and (ii) the bed of the river; but (b) does not include— (i) any artificial watercourse; or (ii) any part of the bed of the river which is not owned by the Crown; or (iii) any land which the waters of the river do not cover at its fullest flow without overlapping its banks; or (iv) any tributary flowing into the river. 116
Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Schedule 7 Limitations on effect of statutory acknowledgement Except as expressly provided in sections 39 to 41,— (a) this statutory acknowledgement does not affect, and is not to be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and (b) without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under statute, regulation, or bylaw, may give any greater or lesser weight to the association of Ngāti Tuwharetoa (Bay of Plenty) with the Rangitaiki River than that person or entity would give under the relevant statute, regulation, or bylaw if this statutory acknowledgement had not been made. Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not affect the lawful rights or interests of any person who is not a party to the deed of settlement. Except as expressly provided in subpart 3 of Part 4, this statutory acknowledgement does not have the effect of granting, creating, or providing evidence of any estate or interest in, or any rights of any kind whatsoever relating to, the Rangitaiki River. No limitation on Crown The existence of this statutory acknowledgement does not prevent the Crown from providing a statutory acknowledgement in respect of the Rangitaiki River to (a person or) persons other than Ngāti Tuwharetoa (Bay of Plenty) or a representative entity. or a representative entity. 117
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Ng¯ati Tuwharetoa (Bay of Plenty) Claims Settlement Bill

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