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

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Part 4 cl 85<br />

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

<strong>Claims</strong> <strong>Settlement</strong><br />

that are reasonably necessary for the Nohoanga entitlement to<br />

be used for the purpose set out in section 78.<br />

(3) When applying for the land holding agent’s consent, the governance<br />

entity must provide to the land holding agent details<br />

relating to the proposed activities, including (but not limited<br />

to)—<br />

(a) the effect <strong>of</strong> the activities—<br />

(i) on the entitlement land; and<br />

(ii) if the entitlement land is held under the Conservation<br />

Act 1987 or an Act listed in the First<br />

Schedule <strong>of</strong> that Act, on the surrounding land and<br />

wildlife; and<br />

(b) measures that the governance entity proposes to take (if<br />

the land holding agent’s consent is given) to avoid,<br />

remedy, or mitigate adverse effects.<br />

(4) In considering whether to give consent in relation to land held<br />

under the Conservation Act 1987 or an Act listed in the First<br />

Schedule <strong>of</strong> that Act, the land holding agent may require the<br />

governance entity to obtain (at its own expense) an environmental<br />

impact report about the proposed activities and an<br />

audit <strong>of</strong> that report.<br />

(5) The giving <strong>of</strong> consent is at the complete discretion <strong>of</strong> the land<br />

holding agent.<br />

(6) The land holding agent may give consent subject to any conditions<br />

that he or she thinks fit to impose.<br />

(7) Without limiting subsection (6), in giving consent in relation to<br />

land held under the Conservation Act 1987 or an Act listed in<br />

the First Schedule <strong>of</strong> that Act, the land holding agent may<br />

impose reasonable conditions to avoid, remedy, or mitigate<br />

adverse effects <strong>of</strong> the proposed activities on the entitlement<br />

land, surrounding land, or wildlife.<br />

(8) If the Crown has complied with its obligations under a<br />

Nohoanga entitlement, the Crown is not liable to compensate<br />

the governance entity (whether on termination <strong>of</strong> a Nohoanga<br />

entitlement or at another time) for activities undertaken by the<br />

governance entity on the entitlement land.<br />

86

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