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

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Ngāti Tuwharetoa (Bay of Plenty) Claims
Settlement Commentary
However, we were advised that, in line with the Crowns policy
regarding the use of natural resources, the right of first refusal relates
only to Crown-owned assets in the form of physical assets such as
geothermal bores. The Crown geothermal assets do not include land
in which the bores are situated, or subsurface geothermal water or
steam.
We expressed concern that the bill may affect offer-back rights that
any third party may have under section 40 of the Public Works Act
1981. Officials advised that clause 61 of the bill provides protection
for the lawful rights and interests of those not party to the deed of
settlement. In addition to this, there are existing mechanisms under
the Resource Management Act for a private landowner to be advised
of resource consent applications. The bill does not incorporate the
terms of the right of first refusal into legislation, and this is consistent
with similar right of first refusal provisions in other settlement
deeds.
Technical amendments
We propose a number of technical amendments to the bill to allow
for corrections to text, the addition of inadvertently omitted text, and
the deletion of unnecessary text. The replacement preamble also
allows for the insertion of Māori translations of text not previously
present.