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

Ngāti Tuwharetoa (Bay of Plenty)
Claims Settlement Part 4 cl 90
Obligations relating to Nohoanga entitlements
86 Nohoanga entitlements must not impede public access
The grant and exercise of a Nohoanga entitlement must not
impede access by members of the public along a waterway.
87 Crown functions to continue
The grant and exercise of a Nohoanga entitlement does not
prevent agents of the Crown or persons exercising statutory
powers from undertaking their functions in relation to the
entitlement land.
88 Nohoanga entitlement does not restrict the Crown’s
right to alienate land
The grant and exercise of a Nohoanga entitlement does not
restrict the Crown’s right to alienate any entitlement land,
land adjacent to the entitlement land, or land adjacent to a
waterway.
89 Governance entity may enforce rights against other
persons
While members of Ngāti Tuwharetoa (Bay of Plenty) are
occupying entitlement land under a Nohoanga entitlement, the
governance entity may enforce its rights under the Nohoanga
entitlement against persons who are not parties to the deed of
settlement as if the governance entity were the owner of the
entitlement land.
90 Crown’s obligation to provide lawful access
(1) If an event described in subsection (2) occurs during the term of
a Nohoanga entitlement, the Crown must ensure that the governance
entity continues, for the rest of the term, to have the
same type of lawful access to the entitlement land as it had
before the event occurred.
(2) The events are—
(a) the alienation by the Crown of land adjacent to entitlement
land:
(b) a change in the classification or status of land adjacent
to the entitlement land.
87