Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act, 2010

Reprint as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Public Act 2010 No 119 Date of assent 26 October 2010 Commencement see section 2 Contents Page 1 Title 4 2 Commencement 4 Part 1 Preliminary provisions 3 Overarching purpose of Act 5 4 Purpose of Act 5 5 Guiding principles of interpretation 5 6 How this Act applies to Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi 5 7 Interpretation 6 8 Act binds the Crown 12 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Office of Treaty Settlements. 1 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998524 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 Part 2 Co-governance of Waikato River 9 Relationship with Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 12 Recognition of vision and strategy for Waikato River Te Ture Whaimana 10 Scope of vision and strategy 13 Status 11 Relationship of sections 12 to 16 with Resource Management Act 1991 13 12 Vision and strategy is part of Waikato Regional Policy Statement 13 13 Effect of vision and strategy on Resource Management Act 1991 planning documents 14 14 Updating Resource Management Act 1991 planning documents to conform with reviewed vision and strategy 14 15 Effect of vision and strategy on resource consent conditions and designations 16 16 Statement about vision and strategy in Conservation Act 1987 documents and Resource Management Act 1991 planning documents 16 17 Status of vision and strategy for other enactments 17 18 Duty to have particular regard to vision and strategy 18 Reviews 19 Initial review 20 20 Subsequent reviews 20 21 Purpose and conduct of reviews 20 Amendments 22 Amendments made by Order in Council 21 Establishment of, and granting of functions and powers to, Waikato River Authority 23 Establishment and purpose of Authority 21 General functions and powers 24 General functions 22 25 General powers 23 Resource consent functions 26 Accredited commissioners 23 2 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 27 Sections 28 to 32 apply to applications for resource consents relating to Waikato River 24 28 Notice of applications 24 29 Hearing committees 24 30 Call-ins 24 31 Section 100A of Resource Management Act 1991 25 32 Section 147(1)(c) of Resource Management Act 1991 26 Waikato River Clean-up Trust function 33 Trustee 26 Administrative provisions 34 Presentation of annual reports 26 35 Other provisions on Authority 27 Upper Waikato River integrated management plan 36 Meaning of Upper Waikato River integrated management plan 27 37 Preparation and approval of plan 28 38 Effect of components 28 39 Review and amendment of plan 29 40 What plan does not do 29 Part 3 Upper Waikato River co-management arrangements Environmental plan 41 Preparation and availability 30 42 Effect 30 Joint management agreement 43 Duty to make 31 44 Scope 31 45 Contents 32 46 Principles for development and operation 33 47 Monitoring and enforcement 33 48 Preparation, review, change, or variation of Resource Management Act 1991 planning document 35 49 Resource consent process 36 50 Process for finalising 38 51 Suspension 41 52 Waiver of rights 42 53 Legal framework 42 54 Extension 42 55 Review and amendment 43 3 s 1 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 56 Other powers not affected 43 57 Exercise of powers in certain circumstances 43 Miscellaneous 58 Regulations and bylaws 44 59 Limitation on regulations and bylaws 45 60 Accords 45 61 Rule against perpetuities 45 62 Authority and Trusts: public bodies, entities, and authorities 46 Schedule 1 47 Vision and strategy for Waikato River Schedule 2 50 Process to review vision and strategy Schedule 3 54 Terms of Waikato River Clean-up Trust Schedule 4 64 Waikato River Authority Schedule 5 77 Upper Waikato River integrated management plan 1 Title This Act is the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010. 2 Commencement (1) Parts 1 and 3 come into force on the day after the date on which this Act receives the Royal assent. (2) The rest of this Act comes into force on a date to be appointed by the Governor-General by an Order in Council made on the advice of the Minister for Treaty of Waitangi Negotiations. Section 2(2): Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 (except Parts 1 and 3) brought into force, on 25 November 2010, by clause 2(b) of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act and Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act Commencement Order 2010 (SR 2010/379). 4 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3298405 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 1 s 6 Part 1 Preliminary provisions 3 Overarching purpose of Act The overarching purpose of this Act is to restore and protect the health and wellbeing of the Waikato River for present and future generations. 4 Purpose of Act This Act— (a) recognises the significance of the Waikato River to Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi: (b) recognises the vision and strategy for the Waikato River: (c) establishes and grants functions and powers to the Waikato River Authority: (d) establishes the Waikato River Clean-up Trust: (e) acknowledges and provides a process that may recog nise certain customary activities of Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi: (f) provides co-management arrangements for the Waikato River. 5 Guiding principles of interpretation (1) The vision and strategy is intended by Parliament to be the primary direction-setting document for the Waikato River and activities within its catchment affecting the Waikato River. (2) This Act must be interpreted in a manner that best furthers sections 3 and 4 and subsection (1). 6 How this Act applies to Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi (1) In this Act,— Trust means,— (a) for Ngati Tuwharetoa, the Tuwharetoa Maori Trust Board: (b) for Raukawa,— (i) the trustees of the Raukawa Settlement Trust; or 5 Part 1 s 7 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (ii) an entity that the Raukawa Settlement Trust nom inates under subsection (4): (c) for Te Arawa River Iwi, the trustees of the Te Arawa River Iwi Trust. (2) Part 2— (a) provides for each Trust to appoint a member to the Waikato River Authority; and (b) provides for the Trusts to make an UpperWaikato River integrated management plan. (3) Part 3 provides for each Trust to make— (a) its own environmental plan; and (b) its own joint management agreements. (4) The following provisions apply to the Raukawa Settlement Trust: (a) the trusteesmay nominate an entity to carry out a duty or function for them, or exercise a power for them, under this Act: (b) the trustees make the nomination by giving written or electronic notice to the Crown, the Council, a local au thority, or other person affected by the carrying out of the duty or function or the exercise of the power: (c) the trustees are not relieved of liability for the carrying out of the duty or function or the exercise of the power bymaking the nomination, unless the Crown agrees that they are. 7 Interpretation (1) In this Act,— Authority means the Waikato River Authority Council means the Waikato Regional Council Minister means the Minister for the Environment. (2) In this Act, unless the context requires another meaning,— appointer means a person who appoints a member under clause 2 of Schedule 4 6 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 1 s 7 business day means the period of 9 am to 5 pm on any day of the week other than— (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and (b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and (c) a day in the period commencing on 20 December in any year and ending with 10 January in the following year; and (d) the days observed as the anniversaries of the provinces of Auckland and Wellington catchment,— (a) in sections 10, 17, and 18 and Schedule 1, means the areas marked “A” and “B” on SO plan 409144: (b) in sections 36(3), 37(5), 42(4), 44(1) and (2)(a)(i), and 47, means the area marked “B” on SO plan 409144: (c) in sections 44(2)(a)(ii) and 47, includes the area marked “C” on SO plan 409144 to the extent to which activities are included in a joint management agreement through the application of section 44(2)(a)(ii) commencement date means,— (a) in Parts 1 and 3, the day referred to in section 2(1): (b) in the rest of this Act, the date of an Order in Council made under section 2(2) component means a component described in section 36(3) consent authority has the meaning given to it by the Resource Management Act 1991 conservation legislation means— (a) the Conservation Act 1987; and (b) the enactments listed in Schedule 1 of the Conservation Act 1987 Crown has the meaning given to it by the Public Finance Act 1989 deed means,— (a) for Ngati Tuwharetoa, the deed in relation to co-man agement arrangements for the Waikato River between 7 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM103609 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM107200 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM160808 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM160808 Part 1 s 7 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 the Crown and the TuwharetoaMaori Trust Board dated 31 May 2010: (b) for Raukawa, the deed in relation to a co-management framework for the Waikato River between the Crown and Raukawa and the trustees of the Raukawa Settle ment Trust dated 17 December 2009: (c) for TeArawaRiver Iwi, the deed in relation to a co-man agement framework for the Waikato River between the Crown and Te Arawa River Iwi and the trustees of Te Arawa River Iwi Trust dated 9 March 2010 department has the meaning given to it by the State Sector Act 1988 financial year has the meaning given to it by the Public Fi nance Act 1989 joint management agreement means an agreement to which sections 43 to 57 apply local authority,— (a) for the purposes of sections 10 to 16 and Schedules 2 and 4,— (i) means the Council and the territorial authorities whose boundaries fall within, or partly within, the areas marked “A” and “B” on SO plan 409144; and (ii) does not include the Auckland Council: (b) for the purposes of sections 43 to 57,— (i) means the Council and the territorial authorities whose boundaries fall within, or partly within, the area marked “B” on SO plan 409144; and (ii) includes the territorial authorities whose bound aries fall within, or partly within, the area marked “C” on SO plan 409144 to the extent to which activities are included in a joint management agreement through the application of section 44(2)(a)(ii): (c) for the purposes of any other provisions of this Act, has the meaning given to it by the Resource Management Act 1991 Ngati Tuwharetoa means the persons represented by the Tuwharetoa Maori Trust Board 8 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM129109 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM129109 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM160808 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM160808 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 1 s 7 operational date means,— (a) if paragraph (a) of the definition of commencement date applies, the date that is 20 business days after the day referred to in section 2(1): (b) if paragraph (b) of the definition of commencement date applies, the date that is 20 business days after the date of the Order in Council public notice means a notice published— (a) in 1 ormore daily newspapers circulating in theWaikato region; or (b) on an Internet site to which the public have free access Raukawa means— (a) the collective group of individuals who descend from Raukawa and affiliate to a Raukawa marae in the Waikato area; and (b) each individual referred to in paragraph (a); and (c) the part of an iwi, hapu, whanau, or group of individuals made up of individuals referred to in paragraph (a) Raukawa Settlement Trust means the trust created by the trust deed dated 16 June 2009 register means the register established and maintained under section 26 Resource Management Act 1991 decision maker means a person accredited under a programme approved and notified under section 39A of the Resource Management Act 1991 ResourceManagementAct 1991 planning documentmeans each of the following as defined in the Resource Management Act 1991: (a) a district plan: (b) a proposed district plan: (c) a regional plan: (d) a proposed regional plan: (e) a regional policy statement: (f) a proposed regional policy statement scoping studymeans the independent scoping study concern ing theWaikato River commissioned and funded by the Crown Te Arawa Lakes has the meaning given to it by the Te Arawa Lakes Settlement Act 2006 9 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233070 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM381397 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM381397 Part 1 s 7 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 Te Arawa River Iwi means Ngati Tahu-Ngati Whaoa, Ngati Kearoa-Ngati Tuara, and Tuhourangi-Ngati Wahiao, which are the relevant Affiliate Te Arawa Iwi/Hapu under the deed of settlement between the Crown, the Affiliate Te Arawa Iwi/Hapu, and the trustees of Te Pumautanga o Te Arawa Trust dated 11 June 2008 Te Arawa River Iwi Trustmeans the trust created by the trust deed dated 20 May 2009 Te Puaha o Waikato means the mouth of the Waikato River Tuwharetoa Maori Trust Board means the Maori Trust Board continued under section 10 of the Maori Trust Boards Act 1955 that represents— (a) Ngati Tuwharetoa, as the board’s beneficiaries within the meaning of the Maori Trust Boards Act 1955; and (b) the hapu of Ngati Tuwharetoa with interests in the Waikato River vision and strategy means the vision and strategy for the Waikato River set out in Schedule 1 Waikato River,— (a) in sections 10, 17, 18, 21, 23, 24, 27, 33, and 46 and Schedules 1 to 4,— (i) means the body of water known as the Waikato River flowing continuously or intermittently from TeWaiheke o Huka (from a point that Ngati Tuwharetoa know as Te Toka a Tia) to Te Puaha o Waikato to the extent to which it is within the areas marked “A” and “B” on SO plan 409144: (ii) includes the Waipa River from its junction with the Puniu River to its junction with the Waikato River to the extent to which the rivers are within the areas marked “A” and “B” on SO plan 409144: (iii) includes all tributaries, streams, and water courses flowing into the rivers described in subparagraphs (i) and (ii), to the extent to which they are within the areas marked “A” and “B” on SO plan 409144: (iv) includes lakes and wetlands within the areas marked “A” and “B” on SO plan 409144: 10 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM289378 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM289314 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 1 s 7 (v) includes the beds and banks of the water bodies described in subparagraphs (i) to (iv): (b) in sections 36 to 40, 42, 44, 45, 47, 49, and 58 and Schedule 5,— (i) means the body of water known as the Waikato River flowing continuously or intermittently from TeWaiheke o Huka (from a point that Ngati Tuwharetoa know as Te Toka a Tia) to Karapiro to the extent to which it is within the area marked B on SO plan 409144: (ii) includes all tributaries, streams, and water courses flowing into the part of the Waikato River described in subparagraph (i) to the extent to which they are within the area marked “B” on SO plan 409144: (iii) includes lakes and wetlands within the area marked “B” on SO plan 409144 but does not include any of the Te Arawa Lakes: (iv) includes the beds and banks of the water bodies, other than the Te Arawa Lakes, described in sub paragraphs (i) to (iii): (c) in sections 45, 47, and 49,— (i) includes the Waipā River from its source to its junction with the Puniu River to the extent to which— (A) the Waipā River is within the area marked “C” on SO plan 409144: (B) activities in the catchment of the Waipā River are included in a joint management agreement through the application of sec tion 44(2)(a)(ii): (ii) includes all tributaries, streams, and water courses flowing into the part of the Waipā River described in subparagraph (i) to the extent to which they are within the area marked “C” on SO plan 409144: (iii) includes lakes and wetlands associated with the part of the Waipā River described in subpara 11 Part 1 s 8 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 graph (i) to the extent to which they are within the area marked “C” on SO plan 409144: (iv) includes the beds and banks of the water bodies described in subparagraphs (i) to (iii) Waikato River Authoritymeans the body established by sec tion 23 Waikato River Clean-up Trust means the trust established by section 33(2). Section 7(2) business day: replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19). Section 7(2) Te Arawa Lakes: inserted, on 20 March 2014, by section 138(2) of the Raukawa Claims Settlement Act 2014 (2014 No 7). Section 7(2)Waikato River paragraph (a)(iii): inserted, on 20 March 2014, by section 138(3) of the Raukawa Claims Settlement Act 2014 (2014 No 7). Section 7(2)Waikato River paragraph (a)(iv): inserted, on 20 March 2014, by section 138(3) of the Raukawa Claims Settlement Act 2014 (2014 No 7). Section 7(2)Waikato River paragraph (a)(v): inserted, on 20 March 2014, by section 138(3) of the Raukawa Claims Settlement Act 2014 (2014 No 7). Section 7(2) Waikato River paragraph (b): replaced, on 20 March 2014, by section 138(4) of the Raukawa Claims Settlement Act 2014 (2014 No 7). Section 7(2) Waikato River paragraph (c): replaced, on 20 March 2014, by section 138(4) of the Raukawa Claims Settlement Act 2014 (2014 No 7). 8 Act binds the Crown This Act binds the Crown. Part 2 Co-governance of Waikato River 9 Relationship with Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 The matters provided for in sections 10 to 35 are also provided for in sections 9 to 34 of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, having been agreed be tween the Crown and Waikato-Tainui in a deed of settlement dated 17 December 2009. 12 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4929207 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM5323821 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM5323821 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM5323821 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM5323821 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM5323821 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM5323821 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2833832 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 2 s 12 Recognition of vision and strategy for Waikato River Te Ture Whaimana 10 Scope of vision and strategy (1) The Waikato River and its contribution to New Zealand’s cul tural, social, environmental, and economic wellbeing are of national importance. (2) The vision and strategy applies to the Waikato River and ac tivities within its catchment affecting the Waikato River. (3) The vision and strategy is Te Ture Whaimana o Te Awa o Waikato. Status 11 Relationship of sections 12 to 16 with Resource Management Act 1991 (1) Sections 12 to 16 have effect to the extent to which the content of the vision and strategy relates to matters covered by the Resource Management Act 1991. (2) Sections 12 to 16 prevail over sections 59 to 77 of the Resource Management Act 1991. 12 Vision and strategy is part of Waikato Regional Policy Statement (1) On and from the commencement date, the vision and strategy in its entirety is deemed to be part of the Waikato Regional Policy Statement without the use of the process in Schedule 1 of the Resource Management Act 1991. (2) As soon as reasonably practicable after the commencement date, the Council must— (a) insert the vision and strategy into the policy statement without using the process in Schedule 1 of the Resource Management Act 1991; and (b) make consequential amendments to records and publi cations to reflect paragraph (a). (3) On and from the commencement date, the Council must ensure that the policy statement does not remain inconsistent with the vision and strategy for any longer than is necessary to amend 13 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233387 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM240686 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM240686 Part 2 s 13 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 the policy statement to make it consistent with the vision and strategy. (4) The vision and strategy prevails over the policy statement dur ing any period of inconsistency described in subsection (3). 13 Effect of vision and strategy on Resource Management Act 1991 planning documents (1) The vision and strategy prevails over any inconsistent provi sion in— (a) a national policy statement issued under section 52 of the Resource Management Act 1991; and (b) a New Zealand coastal policy statement issued under section 57 of the Resource Management Act 1991. (2) The Council must not review or amend under section 79 of the Resource Management Act 1991 the vision and strategy inserted in the Waikato Regional Policy Statement. (3) A local authority must not amend under section 55 of the Re source Management Act 1991 a document defined in section 55(1) of the Act if the amendment would make the document inconsistent with the vision and strategy. (4) A rule included in a regional or district plan for the purpose of giving effect to the vision and strategy prevails over a national environmental standardmade under section 43 of the Resource Management Act 1991, if it is more stringent than the standard. (5) A rule included in a regional or district plan for the purpose of giving effect to the vision and strategy prevails over a water conservation order made under section 214 of the Resource Management Act 1991, if it is more stringent than the order. 14 Updating Resource Management Act 1991 planning documents to conform with reviewed vision and strategy (1) The Council must follow the process in subsection (3), and every local authority must follow the process in subsection (4), after every vision and strategy review. (2) The local authority must begin the process— (a) no later than 6months after the completion of the review under section 19: 14 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233367 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233379 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233814 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233372 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233303 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM236777 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 2 s 14 (b) no later than 12 months after the completion of each review under section 20. (3) The Council must— (a) review the Waikato Regional Policy Statement to see whether it is consistent with the vision and strategy; and (b) if the policy statement is inconsistent with the vision and strategy, initiate an amendment to it to make it con sistent, using the process in Schedule 1 of the Resource Management Act 1991. (4) Every local authority must— (a) review its regional or district plan to see whether it gives effect to the vision and strategy; and (b) if the regional or district plan does not give effect to the vision and strategy, initiate an amendment to it to ensure that it does so, using the process in Schedule 1 of the Resource Management Act 1991. (5) Subsection (6) applies if a joint management agreement be tween a local authority and a Trust is not in force when the local authority begins the process under subsection (3) or (4). (6) The local authority must,— (a) as soon as practicable after the commencement of a re view under subsection (3)(a) or (4)(a), convene a joint working party under section 48(2)(a); and (b) decide jointly with the Trust on the final recommenda tion on whether to make an amendment to a Resource Management Act 1991 planning document, as provided for in section 48(2)(b); and (c) decide jointly with the Trust on the final recommen dation on the content of a Resource Management Act 1991 planning document to be notified under clause 5 of Schedule 1 of the Resource Management Act 1991, as provided for in section 48(2)(c); and (d) discuss with the Trust the potential for the Trust to par ticipate in the decisions on a ResourceManagement Act 1991 planning document under clause 10 of Schedule 1 of the Resource Management Act 1991, as provided for in section 48(2)(d). 15 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM240686 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM240686 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM241213 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM241242 Part 2 s 15 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 15 Effect of vision and strategy on resource consent conditions and designations (1) This section applies as follows: (a) it applies after a local authority has made the amend ments required by section 14; and (b) it does not require a local authority or a requiring au thority to act. (2) The local authority may begin a review under section 128 of the Resource Management Act 1991 of the conditions of a resource consent to make them consistent with the vision and strategy. (3) A requiring authority may give notice under section 181 of the Resource Management Act 1991 of its requirement to alter a designation to make it consistent with the vision and strategy. 16 Statement about vision and strategy in Conservation Act 1987 documents and Resource Management Act 1991 planning documents (1) This section applies to a person who prepares or changes any of the following documents: (a) a conservation management strategy or conservation management plan under the— (i) Conservation Act 1987: (ii) National Parks Act 1980: (iii) Reserves Act 1977: (iv) Wild Animal Control Act 1977: (v) Wildlife Act 1953: (b) a freshwater fisheries management plan approved under the Conservation Act 1987: (c) a sports fish management plan approved under the Con servation Act 1987: (d) a Resource Management Act 1991 planning document to which sections 10 to 15 apply. (2) The person must— (a) make an explicit statement in the document on how the vision and strategy has been given effect to; and (b) provide a copy of the statement to the Authority no later than 20 business days after the document has been com pleted. 16 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM235230 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM236282 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM236282 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM36962 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM444304 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM16622 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM276813 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM103609 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM103609 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM103609 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 2 s 17 17 Status of vision and strategy for other enactments (1) Subsections (2) to (6) have effect to the extent to which the content of the vision and strategy relates to the carrying out of functions or the exercise of powers for the Waikato River and activities in its catchment that affect the Waikato River under the Acts referred to in subsections (2) to (6). (2) For the purposes of the Conservation Act 1987, the vision and strategy is a statement of general policy approved under sec tion 17B of the Act. (3) For the purposes of theNational Parks Act 1980, the vision and strategy is a statement of general policy adopted under section 44 of the Act. (4) For the purposes of the Reserves Act 1977, the vision and strat egy is a statement of general policy approved under section 15A of the Act. (5) For the purposes of the Wild Animal Control Act 1977, the vision and strategy is a statement of general policy approved under section 5(1)(ca) of the Act. (6) For the purposes of theWildlife Act 1953, the vision and strat egy is a statement of general policy approved under section 14C of the Act. (7) A conservation management strategy or a conservation man agement plan made under an Act referred to in any of subsec tions (2) to (6) must not derogate from a statement of general policy created by any of subsections (2) to (6) for any longer than is necessary to amend the strategy or plan to make it con sistent with the vision and strategy. (8) The process for reviewing and, if necessary, amending the strategy or plan must begin— (a) no later than 6months after the completion of the review under section 19: (b) no later than 12 months after the completion of each review under section 20. (9) The vision and strategy prevails over the strategy or plan dur ing any period of inconsistency described in subsection (7). (10) A freshwater fisheries management plan approved under sec tion 17K of the Conservation Act 1987 and a sports fish man 17 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM103609 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM104294 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM104294 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM36962 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM37993 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM37993 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM444304 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM444488 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM444488 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM16622 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM16979 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM276813 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM277272 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM277272 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM104621 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM104621 Part 2 s 18 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 agement plan approved under section 17Mof the Conservation Act 1987 must not derogate from the vision and strategy. (11) Subsections (7) to (10) apply to a freshwater fisheries man agement plan approved under section 17K of the Conservation Act 1987 and a sports fish management plan approved under section 17M of the Conservation Act 1987 as if the plans were conservation management plans. (12) To the extent to which it affects the Waikato River, a national energy efficiency and conservation strategy prepared and pub lished under section 18 of the Energy Efficiency andConserva tion Act 2000 must be consistent with the vision and strategy. (13) To the extent to which it affects the Waikato River, a manage ment plan for a foreshore and seabed reserve prepared under section 44 of the Foreshore and Seabed Act 2004 must not be inconsistent with the vision and strategy. (14) [Repealed] (15) The vision and strategy prevails over any inconsistent provi sion in a bylawmade by a local authority, if it is more stringent than the bylaw. Section 17(14): repealed, on 13 June 2013, by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35). 18 Duty to have particular regard to vision and strategy (1) Subsections (2) and (5) have effect to the extent to which the content of the vision and strategy relates to the carrying out of functions or the exercise of powers under the Acts referred to in subsections (4) and (7). (2) Subsection (3) applies to a person carrying out functions or exercising powers under an enactment specified in subsection (4) if the functions or powers— (a) relate to— (i) the Waikato River; or (ii) activities in the catchment that affect theWaikato River; and (b) are not covered by sections 12 to 17. (3) The person must have particular regard to the vision and strat egy in addition to any requirement specified in the enactment 18 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM104626 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM104621 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM104626 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM54990 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM320278 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4663359 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 2 s 18 for the carrying out of the functions or the exercise of the powers. (4) The enactments are the— (a) Conservation Act 1987: (b) National Parks Act 1980: (c) Reserves Act 1977: (d) Resource Management Act 1991: (e) Wild Animal Control Act 1977: (f) Wildlife Act 1953. (5) Subsection (6) applies to a person carrying out functions or exercising powers under an enactment specified in subsection (7) if the functions or powers relate to— (a) the Waikato River; or (b) activities in the catchment that affect theWaikato River. (6) The person must have particular regard to the vision and strat egy in addition to any requirement specified in the enactment for the carrying out of the functions or the exercise of the powers. (7) The enactments are the— (a) Biosecurity Act 1993: (b) Fisheries Act 1996: (c) Forests Act 1949: (d) Health Act 1956: (e) Heritage New Zealand Pouhere Taonga Act 2014: (f) Land Drainage Act 1908: (g) Local Government Act 1974: (h) Local Government Act 2002: (i) Native Plants Protection Act 1934: (j) New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008: (k) Queen Elizabeth the Second National Trust Act 1977: (l) River Boards Act 1908: (m) Soil Conservation and Rivers Control Act 1941: (n) Walking Access Act 2008. Section 18(7)(e): replaced, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26). 19 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM103609 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM36962 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM444304 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM16622 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM276813 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM314622 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394191 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM255625 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM305839 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4005402 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM160976 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM415531 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM170872 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM216730 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM1065400 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM1065400 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM8800 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM172771 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230364 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230364 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4005646 Part 2 s 19 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 Reviews 19 Initial review Within 3 months of the operational date, the Authority must begin a review of the vision and strategy— (a) for the purpose of considering whether targets and methods should be developed for inclusion in the vision and strategy; and (b) if it wishes, for the purpose of considering whether the vision and strategy should be amended in any other way. 20 Subsequent reviews After the review described in section 19, the Authority must review the vision and strategy no earlier than 5 years and no later than 10 years after the previous review. 21 Purpose and conduct of reviews (1) TheAuthority’s purpose in reviewing the vision and strategy is to determine whether the Authority should recommend to the Crown and the other appointers that the vision and strategy be amended. (2) When reviewing the vision and strategy, the Authority— (a) must take the following into account, to the extent to which they are consistent with the overarching purpose of this Act: (i) iwi environmental plans to the extent to which they relate to the Waikato River: (ii) iwi objectives for the Waikato River: (iii) the report of the scoping study; and (b) may take into account any other documents that the Au thority considers relevant to the health and wellbeing of the Waikato River. (3) When reviewing the vision and strategy, the Authority must follow the process in Schedule 2. (4) The Authority— (a) may recommend that the vision and strategy include— (i) targets to achieve the vision and strategy; and (ii) methods to implement the vision and strategy; and 20 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 2 s 23 (b) may recommend other amendments to the vision and strategy. (5) The Authority may make only those recommendations for amendments to the vision and strategy that are consistent with the overarching purpose of this Act. Amendments 22 Amendments made by Order in Council (1) The Governor-General may amend the vision and strategy by amending Schedule 1 by Order in Council. (2) The Governor-General may make an Order in Council under subsection (1) only on the advice of the Minister given under subsection (3). (3) The Minister must advise the Governor-General to make an Order in Council to amend the vision and strategy if— (a) the Crown and the other appointers each receive a writ ten or electronic recommendation from the Authority under section 21 to amend the vision and strategy; and (b) the recommendation sets out the amended vision and strategy in full and identifies the amendments; and (c) the recommendation complies with section 21(5); and (d) the Crown and the other appointers agree in writing or electronically with one another to accept the recommen dation. (4) An Order in Council made under this section must specify the date on which the amendments to the vision and strategy take effect. Establishment of, and granting of functions and powers to, Waikato River Authority 23 Establishment and purpose of Authority (1) This Act establishes a statutory body called the Waikato River Authority. (2) The purpose of the Authority is to— (a) set the primary direction through the vision and strategy to achieve the restoration and protection of the health and wellbeing of the Waikato River for present and fu ture generations: 21 Part 2 s 24 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (b) promote an integrated, holistic, and co-ordinated ap proach to the implementation of the vision and strategy and the management of the Waikato River: (c) fund rehabilitation initiatives for the Waikato River in its role as trustee for the Waikato River Clean-up Trust. (3) The duty of the members of the Authority is to act to achieve the purpose of the Authority. General functions and powers 24 General functions (1) The principal function of the Authority is to achieve its pur pose. (2) The other functions of the Authority are to— (a) engage with and provide advice to local authorities on amending Resource Management Act 1991 planning documents to make them give effect to the vision and strategy: (b) engage with and provide advice to the range of agencies with responsibilities relating to the Waikato River, in cluding, without limitation, local authorities and biose curity, conservation, and fisheries agencies, to achieve an integrated, holistic, and co-ordinated approach to the implementation of the vision and strategy and the man agement of the Waikato River: (c) act as trustee for the Waikato River Clean-up Trust and, in that capacity, administer the contestable clean-up fund for the Waikato River: (d) engage with and provide advice to the Environmental Protection Authority: (e) monitor— (i) the carrying out, effectiveness, and achievement of the principal function of the Authority: (ii) the implementation, effectiveness, and achieve ment of the vision and strategy, including any tar gets and methods: (iii) the implementation, effectiveness, and achieve ment of clean-up initiatives funded by the Waikato River Clean-up Trust: 22 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 2 s 26 (f) report at least every 5 years to the Crown and the other appointers on the results of the monitoring carried out under paragraph (e): (g) periodically review the vision and strategy and, at the Authority’s discretion, recommend amendments to it to the Crown and the other appointers: (h) request call-ins under the Resource Management Act 1991: (i) establish and maintain the register: (j) appoint commissioners to sit on hearings committees or boards of inquiry when required to do so under section 29 or 30. 25 General powers (1) TheAuthority has full capacity, and the full rights, powers, and privileges entailed by that capacity, to do any act or activity or enter any transaction, subject to the following: (a) the Authority has the capacity, rights, powers, and priv ileges for the purpose only of carrying out its functions; and (b) the Authority’s capacity, rights, powers, and privileges are subject to this Act, other enactments, and the com mon law. (2) The Authority may prescribe a fee for the purposes of clause 16(3) of Schedule 4. Resource consent functions 26 Accredited commissioners The Authority must establish and maintain a register of per sons who— (a) are Resource Management Act 1991 decision makers; and (b) have been appointed for inclusion on the register by iwi who appoint members of the Authority. 23 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 Part 2 s 27 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 27 Sections 28 to 32 apply to applications for resource consents relating to Waikato River Sections 28 to 32 apply to applications to the Council for re source consent— (a) to take, use, dam, or divert water in the Waikato River: (b) to be allowed to make a point source discharge to the Waikato River: (c) to do any activity listed in section 13 of the Resource Management Act 1991 in relation to the Waikato River. 28 Notice of applications (1) The Council must give written or electronic notice to the Au thority and each Trust of the receipt of an application. (2) The Council must give the notice no later than 5 business days after receiving the application. 29 Hearing committees (1) This section applies if the Council holds a hearing under the Resource Management Act 1991 on the application. (2) The committee to hear and make a decision on the application must consist of— (a) a number of members appointed by the Council who are Resource Management Act 1991 decision makers; and (b) the same number of members appointed by the Author ity who must be persons whose names are recorded in the register; and (c) an independent chairperson jointly appointed by the Authority and the Council, who must be a Resource Management Act 1991 decision maker. (3) The Authority and the Council must discuss the persons to be appointed to the hearing committee with a view to ensuring that the committee contains members with an appropriate mix of skills, expertise, and experience. 30 Call-ins (1) This section applies if an application is called in and referred to a board of inquiry under Part 6AA of the Resource Manage ment Act 1991. 24 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM231970 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2418625 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 2 s 31 (2) As soon as practicable, the Environmental Protection Author ity must serve notice on the Authority of the decision to call in the application. (3) As soon as practicable, theMinister must request from the Au thority the names of persons for appointment to the board, seeking the name of 1 person if the board is to have 3 ap pointees and the names of 2 persons if the board is to have 5 appointees. (4) Within 10 business days of receiving the request, the Authority must give the Minister the number of names sought by the Minister, taking the names from the register. (5) The board must consist of— (a) the persons named under subsection (4); and (b) the same number of other persons; and (c) a chairperson appointed under section 149J(3)(b) of the Resource Management Act 1991. (6) The Authority and the Minister must discuss the persons to be appointed to the board with a view to ensuring that the board contains members with an appropriate mix of skills, expertise, and experience. (7) Persons appointed under subsection (5) must be treated in the same manner as persons appointed under section 149J of the Resource Management Act 1991. 31 Section 100A of Resource Management Act 1991 (1) This section applies if the Council receives a request under section 100A of the Resource Management Act 1991 to dele gate the hearing of an application to a commissioner or com missioners. (2) The Council must delegate the hearing duties, functions, and powers only of the persons it must appoint under section 29(2)(a). It must not delegate the hearing duties, functions, and powers of the persons whom the Authority must appoint under section 29(2)(b). (3) The Council must ensure that the number of commissioners delegated to hear the application is equal to the number of members appointed under section 29(2)(b). (4) The commissioners delegated to hear the application are— 25 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2417778 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2417778 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2416444 Part 2 s 32 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (a) the commissioners to whom the Council delegates hear ing duties, functions, and powers under subsection (2), who are appointed under section 100A of the Resource Management Act 1991; and (b) the persons whom the Authority appoints under section 29(2)(b), who are deemed to be appointed under section 100A of the Resource Management Act 1991; and (c) the independent chairperson appointed under section 29(2)(c), who is deemed to be appointed under section 100A of the Resource Management Act 1991. 32 Section 147(1)(c) of Resource Management Act 1991 Section 29 applies if an application is lodged with the Environ mental Protection Authority under section 145 of the Resource Management Act 1991 and a direction is made under section 147(1)(c) of the Act to refer the matter to the Council. Waikato River Clean-up Trust function 33 Trustee (1) The Authority is the trustee of the Waikato River Clean-up Trust. (2) The Waikato River Clean-up Trust is established on the oper ational date. (3) The object of the trust is the restoration and protection of the health and wellbeing of the Waikato River for present and fu ture generations. (4) The terms of the trust are set out in Schedule 3. (5) The trustee of the trust is deemed to satisfy the requirements of section CW 41(5)(a) of the Income Tax Act 2007. Administrative provisions 34 Presentation of annual reports The Minister must present to Parliament each annual report the Minister receives from the Authority within 1 month of receiving the report. 26 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2416444 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2416444 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2416444 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2416444 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2416444 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM235409 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM235413 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM235413 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM1513269 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 2 s 36 35 Other provisions on Authority Schedule 4 contains other provisions on the Authority. Upper Waikato River integrated management plan 36 Meaning of Upper Waikato River integrated management plan (1) An UpperWaikato River integrated management plan is a plan that— (a) has the purpose described in subsection (2); and (b) contains all or some of the components described in subsection (3). (2) The purpose is to achieve an integrated approach between the Trusts that prepare the plan, relevant departments, relevant local authorities, and appropriate agencies to the management of aquatic life, habitats, and natural resources within the Waikato River consistent with the overarching purpose of this Act. (3) The components are— (a) a conservation component, which is a component on issues related to conservation management under the conservation legislation: (b) a fisheries component, which is a component on issues related to fisheries management under the Fisheries Act 1996: (c) a regional council component, which is a component on issues related to the resource management, biosecurity, and local government functions of the Council under the ResourceManagement Act 1991, Biosecurity Act 1993, Local Government Act 2002, and any other relevant enactments: (d) any other component agreed between the Trusts that prepare the plan and an appropriate agency, including a local authority, responsible for— (i) administering enactments that affect the Waikato River and activities in its catchment that affect the Waikato River; or (ii) carrying out functions or exercising powers under enactments that affect the Waikato River. 27 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394191 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394191 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM314622 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM170872 Part 2 s 37 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 37 Preparation and approval of plan (1) For Ngati Tuwharetoa, the Trust must give the other Trusts written or electronic notice within 60 business days of the commencement date as to whether the Trust wishes to par ticipate in the preparation and approval of the Upper Waikato River integrated management plan. (2) For Raukawa and Te Arawa River Iwi, the Trusts must pre pare the plan together with relevant departments, relevant local authorities, and appropriate agencies, and the Trust for Ngati Tuwharetoa if it wishes to participate,— (a) following the process in Schedule 5; and (b) acting in a co-operative and co-ordinated manner. (3) A component becomes a component of the plan when it is approved as follows: (a) the conservation component must be approved jointly by the Trusts that prepared the plan and the Minister of Conservation: (b) the fisheries component must be approved jointly by the Trusts that prepared the plan and the Minister of Fisheries: (c) the regional council component must be approved jointly by the Trusts that prepared the plan and the Council: (d) any other component must be approved jointly by the Trusts that prepared the plan and the agency that agreed on it. (4) If a component cannot be approved under subsection (3) be cause the Trusts and a relevant department or relevant local authority or appropriate agency have not been able to reach agreement on it, each component onwhich agreement has been reached may be approved under subsection (3). (5) Within 3 years of the operational date, an Upper Waikato River integrated management plan for the Waikato River and its catchment must exist containing the components that have been approved under subsection (3). 38 Effect of components (1) This section states the effects of the components of the Upper Waikato River integrated management plan. 28 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 2 s 40 (2) The conservation component is, for the purposes of the Con servation Act 1987,— (a) a conservation management plan under section 17E; and (b) a freshwater fisheries management plan under sec tion 17J. (3) The fisheries component is a fisheries plan under section 11A of the Fisheries Act 1996. (4) The regional council component means that a relevant local authority that is preparing, reviewing, or changing a Resource Management Act 1991 planning document must have regard to the plan. (5) The other component has the effect agreed between the Trusts that prepared the plan and the appropriate agency. 39 Review and amendment of plan The UpperWaikato River integrated management plan may be reviewed and amended— (a) as a combined initiative of the Trusts that prepared the plan, and the Trust for Ngati Tuwharetoa if it did not participate in the preparation of the plan and decides under clause 4(4) of Schedule 5 to participate in the re view, and the relevant departments, relevant local au thorities, and appropriate agencies; and (b) wholly or as to an individual component; and (c) from time to time; and (d) following the process in Schedule 5. 40 What plan does not do The Upper Waikato River integrated management plan does not— (a) displace or derogate from the tikanga of Ngati Tuwhare toa, Raukawa, or Te Arawa River Iwi: (b) displace or derogate from any agreements or arrange ments between Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi and the Crown, local authorities, statutory authorities, or any other person: (c) preclude or otherwise limit the ability of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi to enter 29 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM103609 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM103609 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM104603 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM104619 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM104619 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM395502 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 Part 3 s 41 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 into any agreements or arrangements with the Crown, local authorities, statutory authorities, or any other person. Part 3 Upper Waikato River co-management arrangements Environmental plan 41 Preparation and availability (1) Each Trust may prepare an environmental plan. (2) If a Trust decides to prepare a plan, the plan— (a) must be served on the Director-General of Conserva tion, the chief executive of the Ministry of Fisheries, relevant local authorities, and any other relevant agency: (b) must be available to the public for inspection at the of fices of the Trust, the relevant local authorities, and any other relevant agency: (c) may be reviewed and amended from time to time by the Trust. 42 Effect (1) A local authority served under section 41(2)(a) preparing, re viewing, or changing a Resource Management Act 1991 plan ning document must recognise the environmental plan in the same manner as would be required under the Resource Man agement Act 1991 for any planning document recognised by an iwi authority. (2) A consent authority considering an application for a resource consent under section 104 of the Resource Management Act 1991 must have regard to the environmental plan, if it consid ers that section 104(1)(c) applies to the plan. (3) A person carrying out functions or exercising powers under sections 12 to 14 of the Fisheries Act 1996 must recognise and provide for the environmental plan to the extent to which its contents relate to the functions or powers. 30 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM234355 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM395504 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 3 s 44 (4) A person carrying out functions or exercising powers under the conservation legislation in relation to the Waikato River and its catchment must have particular regard to the environmental plan to the extent to which its contents relate to the functions or powers. Joint management agreement 43 Duty to make (1) A joint management agreement must be in force between each local authority and each Trust no later than,— (a) for Ngati Tuwharetoa,— (i) 18 months after the local authority receives a no tice from the Trust under section 50(1); or (ii) a later date that the authority and the Trust agree on electronically or in writing: (b) for Raukawa and Te Arawa River Iwi,— (i) 18 months after the operational date; or (ii) a later date that the authority and the Trust agree on electronically or in writing. (2) Each joint management agreement must be generally in the form set out in the applicable part of the schedule of the deed. 44 Scope (1) For Ngati Tuwharetoa, a joint management agreement— (a) must cover no other subject matter than— (i) matters relating to the Waikato River and activ ities within its catchment affecting the Waikato River: (ii) matters relating to the waterways within Taupo Waters (as defined in clause 3 of the deed), if the local authority and the Trust agree to the matters being covered in the agreement: (b) must cover the matters referred to in section 45: (c) may cover additional duties, functions, or powers agreed under section 54. (2) For Raukawa, a joint management agreement— (a) must cover no other subject matter than— 31 Part 3 s 45 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (i) matters relating to the Waikato River and activ ities within its catchment affecting the Waikato River: (ii) matters relating to activities in the catchment of the Waipa River from its source to its junction with the Puniu River to the extent to which the matters relate to the Raukawa interests in the catchment if the matters set out in parts 5 and 6 of the deed are applied to the Waipa River: (b) must cover the matters referred to in section 45: (c) may cover additional duties, functions, or powers agreed under section 54. (3) For Te Arawa River Iwi, a joint management agreement— (a) must cover no other subject matter than matters relating to the Waikato River and activities within its catchment affecting the Waikato River: (b) must cover the matters referred to in section 45: (c) may cover additional duties, functions, or powers agreed under section 54. 45 Contents (1) A joint management agreement must provide for the local authority and the Trust to work together in carrying out the following duties and functions, and exercising the following powers, in the Resource Management Act 1991: (a) monitoring and enforcement, under section 47: (b) preparation, review, change, or variation of a Resource Management Act 1991 planning document, under sec tion 48: (c) duties, functions, or powers under Part 6 of the Re sourceManagement Act 1991 in relation to applications for resource consents, under section 49. (2) A joint management agreement must provide a process for the local authority and the Trust to explore— (a) whether customary activities could be carried out by the iwi on theWaikato River without the need for a statutory authorisation from the local authority; and 32 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233845 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 3 s 47 (b) in particular, whether customary activities could be pro vided for as permitted activities in relevant regional plans or district plans. 46 Principles for development and operation In working together to develop the joint management agree ment, and in working together under the joint management agreement, the local authority and the Trust must act in a man ner consistent with the following guiding principles: (a) they must promote the overarching purpose of this Act to restore and protect the health and wellbeing of the Waikato River for present and future generations: (b) they must respect the mana whakahaere rights and re sponsibilities of the iwi: (c) they must promote the principle of co-management: (d) they must reflect a shared commitment to— (i) working together in good faith and a spirit of co-operation: (ii) being open, honest, and transparent in their com munications: (iii) using their best endeavours to ensure that the purpose of the joint management agreement is achieved in an enduring manner: (e) they must recognise that the joint management agree ment operates within statutory frameworks and that complying with those statutory frameworks, meeting statutory timeframes, and minimising delays and costs are important. 47 Monitoring and enforcement (1) This section applies to monitoring and enforcement relating to theWaikato River and activities within its catchment affecting the Waikato River. (2) The part of the joint management agreement on monitoring and enforcement must provide for the local authority and the Trust to— (a) meet no less than twice each year to— 33 Part 3 s 47 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (i) discuss and agree the priorities for themonitoring of those matters set out in section 35(2)(a) to (e) of the Resource Management Act 1991: (ii) discuss and agree the methods for and extent of the monitoring of those matters set out in section 35(2)(a) to (e) of the Resource Management Act 1991: (iii) discuss the potential for the iwi to participate in the monitoring of those matters set out in section 35(2)(a) to (e) of the Resource Management Act 1991: (b) meet no less than twice each year to discuss appropriate responses to address the outcomes of the monitoring of those matters set out in section 35(2)(a) to (e) of the Resource Management Act 1991, including— (i) the potential for review of ResourceManagement Act 1991 planning documents; and (ii) enforcement under the Resource Management Act 1991, including criteria for the commence ment of prosecutions, applications for enforce ment orders, the service of abatement notices, and the service of infringement notices: (c) agree appropriate procedures for reporting back to the Trust on the enforcement action taken by the local au thority: (d) discuss and agree the role of the Trust in the 5 yearly review provided for in section 35(2A) of the Resource Management Act 1991: (e) discuss the potential for persons nominated by the Trust to participate in enforcement action under the Resource Management Act 1991. (3) The local authority and the Trust each bears its own costs of complying with this section. (4) Schedule 7 of the Local Government Act 2002 does not apply to the local authority and the Trust when, under the joint man agement agreement, they carry out the duties and functions or exercise the powers described in this section. 34 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233009 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233009 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233009 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233009 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233009 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233009 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233009 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM175643 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 3 s 48 48 Preparation, review, change, or variation of Resource Management Act 1991 planning document (1) This section applies to preparing, reviewing, changing, or varying a Resource Management Act 1991 planning docu ment to the extent to which those processes relate to the vision and strategy. (2) The part of the joint management agreement on preparing, re viewing, changing, or varying a Resource Management Act 1991 planning document must provide— (a) that, before the preparation, review, change, or variation commences, the local authority and the Trust must con vene a joint working party to discuss and recommend to the local authority— (i) the process to be adopted for the preparation, re view, change, or variation; and (ii) the general form and content of any document to be drafted for the purposes of consultation or notification under clause 5 of Schedule 1 of the Resource Management Act 1991: (b) that the local authority and the Trust must decide jointly on the final recommendation to the local authority on whether to commence a review of, and whether to make an amendment to, a Resource Management Act 1991 planning document: (c) that the local authority and the Trust must decide jointly on the final recommendation to a local authority on the content of a Resource Management Act 1991 planning document to be notified under clause 5 of Schedule 1 of the Resource Management Act 1991: (d) that the local authority and the Trust must discuss the potential for the Trust to participate in making decisions on a Resource Management Act 1991 planning docu ment under clause 10 of Schedule 1 of the Resource Management Act 1991. (3) The part of the joint management agreement on preparing, re viewing, changing, or varying a Resource Management Act 1991 planning document must also provide a mechanism for the Trust to participate in processes under Part 2 of Schedule 1 of the Resource Management Act 1991. 35 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM241213 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM241213 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM241242 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM240686 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM240686 Part 3 s 49 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (4) The local authority and the Trust each bears its own costs of complying with this section. (5) Schedule 7 of the Local Government Act 2002 does not apply to the local authority and the Trust when, under the joint man agement agreement, they carry out the duties and functions or exercise the powers described in this section. 49 Resource consent process (1) This section applies to— (a) applications to the Council for resource consent to— (i) dam, divert, take, or use, water from or in the Waikato River: (ii) discharge a contaminant or water into the Waikato River: (iii) discharge a contaminant onto or into land in cir cumstances that will result in the contaminant en tering the Waikato River: (iv) discharge a contaminant onto or into land in circumstances that will result in another con taminant emanating as a result of natural pro cesses from the former contaminant entering the Waikato River: (v) alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of structure in, on, under, or over the bed or banks of theWaikato River: (vi) drill, excavate, tunnel, or otherwise disturb the bed or banks of the Waikato River: (vii) deposit a substance in, on, or under the bed or banks of the Waikato River: (viii) reclaim or drain the bed of the Waikato River: (ix) enter onto or pass across the bed of the Waikato River: (x) introduce or plant a plant or part of a plant, whether exotic or indigenous, in, on, or under the bed or banks of the Waikato River: (xi) damage, destroy, disturb, or remove a plant or part of a plant, whether exotic or indigenous, in, 36 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM175643 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 3 s 49 on, or under the bed or banks of the Waikato River: (xii) damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed or banks of the Waikato River: (xiii) damage, destroy, disturb, or remove the habitats of animals or aquatic life in, on, or under the bed or banks of the Waikato River: (b) applications to a territorial authority for resource con sent for the use of or activities on the surface of the water in the Waikato River. (2) The part of the joint management agreement on the resource consent process must provide that— (a) the local authority must provide the Trust with informa tion on the applications for resource consents the local authority receives: (b) the information must be— (i) the same as would be given to affected persons through limited notification under section 95B of the Resource Management Act 1991; or (ii) the information that the local authority and the Trust agree on: (c) the information must be provided as soon as reasonably practicable after the application is received and before a determination is made under sections 95A to 95C of the Resource Management Act 1991: (d) the local authority and the Trust must jointly develop and agree criteria to assist local authority decision-mak ing under the following processes or sections of the Re source Management Act 1991: (i) best practice for pre-application processes: (ii) section 87E (request that an application be deter mined by the Environment Court rather than the consent authority): (iii) section 88(3) (incomplete application for re source consent): (iv) section 91 (deferral pending additional con sents): 37 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2416410 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2416409 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2414716 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233858 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233881 Part 3 s 50 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (v) section 92 (requests for further information): (vi) sections 95 to 95F (notification of applications for resource consent): (vii) sections 127 and 128 (change, cancellation, or review of consent conditions). (3) The criteria developed and agreed under subsection (2)(d)— (a) are additional to, and must not derogate from, the cri teria that the local authority must apply under the Re source Management Act 1991: (b) do not impose a requirement on a consent authority to change, cancel, or review consent conditions. (4) The local authority and the Trust each bears its own costs of complying with this section. (5) Schedule 7 of the Local Government Act 2002 does not apply to the local authority and the Trust when, under the joint man agement agreement, they carry out the duties and functions or exercise the powers described in this section. 50 Process for finalising Convening joint committee (1) For Ngati Tuwharetoa, the local authority and the Trust must convene a joint committee to begin the process for finalising the joint management agreement within 30 business days of the local authority receiving from the Trust a written or elec tronic notice to convene the committee. (2) For Raukawa and Te Arawa River Iwi, the local authority and the Trust must convene a joint committee to begin the process for finalising the joint management agreement within 30 busi ness days of the operational date. Working together positively (3) The local authority and the Trust must work together in a posi tive and constructive manner to finalise the joint management agreement within the timeframe in section 43, having particu lar regard to the principles set out in section 46. (4) The local authority and the Trust may resort to any facilitation, mediation, or other process that they consider to be appropriate in the process of finalising the joint management agreement. 38 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233884 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM234326 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM235220 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM235230 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM175643 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 3 s 50 Advising Minister of progress (5) In subsection (6), relevant date means,— (a) for Ngati Tuwharetoa,— (i) the date on which the local authority receives a notice from the Trust under subsection (1); or (ii) a later date that the authority and the Trust agree on electronically or in writing: (b) for Raukawa and Te Arawa River Iwi,— (i) the operational date; or (ii) a later date that the authority and the Trust agree on electronically or in writing. (6) No later than 14 months after the relevant date, the local au thority and the Trust must give written or electronic notice to the Minister and the Trust— (a) confirming that all matters relating to the joint manage ment agreement have been agreed; or (b) identifying the nature of issues in dispute that the parties have not been able to resolve and the position of the parties on the issues; or (c) notifying an electronic or written agreement to extend the date by which a joint management agreement must be in force. (7) If notice is given under subsection (6)(a), the notice must also specify the date on which the joint management agreement is to come into force. (8) For Ngati Tuwharetoa, if notice is given under subsection (6)(b), the Minister and the Trust, in consultation with the local authority, must work together to resolve the issues. (9) For Raukawa and Te Arawa River Iwi, if notice is given under subsection (6)(b), the following process applies: (a) the Minister and the Trust must jointly forward the no tice to the Authority: (b) within 2 months of receiving the notice, the Authority must consult with local authorities and the Trust and— (i) make a written or electronic recommendation to the Minister and the Trust on how some or all of the issues in dispute should be determined, having particular regard to the principles set out in section 46; or 39 Part 3 s 50 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (ii) if the members of the Authority are unable to reach a decision on any of the issues in dispute, give written or electronic notice to the Minister and the Trust that the Authority is unable to make a recommendation on how the issues in dispute should be determined: (c) theMinister and the Trust, in consultation with the local authority, must work together to resolve the issues. (10) The working together under subsection (8) or (9)(c) may con tinue for a period of no more than 2 months, unless the Minis ter and the Trust agree in writing or electronically on a longer period. Agreement finalised without ministerial involvement (11) If, at the end of 2 months, all matters relating to the joint man agement agreement have been resolved, the local authority and the Trust must finalise the joint management agreement and give written or electronic notice to the Minister specifying the date on which the joint management agreement is to come into force. Agreement finalised with ministerial involvement (12) If, at the end of 2 months, an issue relating to the joint man agement agreement remains in dispute, the Minister must de termine the issue. In making a determination, the Minister— (a) must have particular regard to the principles set out in section 46: (b) for Raukawa and Te Arawa River Iwi, must have par ticular regard to any recommendations made by the Au thority under subsection (9)(b)(i): (c) for Raukawa and Te Arawa River Iwi, may consult the Authority. (13) When the local authority and the Trust have the Minister’s determination, they must— (a) finalise the joint management agreement; and (b) give written or electronic notice to the Minister specify ing the date on which the joint management agreement is to come into force. (14) The Minister may appoint a facilitator or take any other action that the Minister considers appropriate to promote the reso 40 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 3 s 51 lution of any issues in dispute between the local authority and the Trust. (15) If notice is given under subsection (6)(c), not less than 4 months before the extended date by which a joint manage ment agreement must be in force, the local authority and the Trust must give written or electronic notice to the Minister and the Trust— (a) confirming that— (i) all matters relating to the joint management agreement have been agreed; and (ii) the joint management agreement will be in force on the extended date; or (b) identifying the nature of issues in dispute that the parties have not been able to resolve and the position of the parties on the issues. (16) If notice is given under subsection (15)(b), the Minister and the Trust, in consultation with the local authority, must work together to resolve the issue and the provisions of subsections (8) to (14) apply with any necessary modification. Agreement may come into force in stages (17) The local authority and the Trust may agree that a joint man agement agreement is to come into force in stages. Minister must get copy of agreement (18) When the local authority and the Trust give notice to the Min ister of the date on which the joint management agreement is to come into force, they must also give the Minister a copy of the agreement. Schedule 7 of Local Government Act 2002 excluded (19) Schedule 7 of the Local Government Act 2002 does not apply to the local authority and the Trust when, in finalising the joint management agreement, they carry out the duties and func tions or exercise the powers described in this section. 51 Suspension (1) The local authority and the Trust may agree in writing or elec tronically to suspend, wholly or partly, the operation of the joint management agreement. 41 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM175643 Part 3 s 52 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (2) In reaching an agreement, the parties must specify the scope and duration of the suspension. 52 Waiver of rights (1) The Trust may give written or electronic notice to the local authority that it waives a right provided for in the joint man agement agreement. (2) The Trust must specify the extent and duration of the waiver in the notice. (3) The Trust may at any time revoke a notice of waiver by written or electronic notice to the local authority. 53 Legal framework (1) Sections 36B to 36E of the Resource Management Act 1991 do not apply to a joint management agreement. (2) The carrying out of a duty or function, or the exercise of a power, under a joint management agreement has the same legal effect as the carrying out of a duty or function, or the exercise of a power, by a local authority. (3) A local authority must not use the special consultative pro cedure under section 83 of the Local Government Act 2002 in relation to a joint management agreement. (4) A joint management agreement is enforceable between the parties to it. (5) Neither party has the right to terminate a joint management agreement. 54 Extension (1) The local authority and the Trust may agree to extend the joint management agreement to cover duties, functions, or powers that are additional to those specified in section 45. (2) If the local authority and the Trust agree to extend the joint management agreement to cover additional duties, functions, or powers, subsections (3) to (6) apply. (3) The extended part of the joint management agreement is sub ject to sections 51 to 53 and 55 to 57. 42 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM233037 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM172328 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 3 s 57 (4) The extended part of the joint management agreement may be terminated wholly or partly by one party giving the other party 20 business days’ written or electronic notice. (5) Before either party exercises the right in subsection (4), the parties must work together to seek to resolve the issue giv ing rise to the wish to terminate, in a manner consistent with the principles set out in section 46 and the dispute resolution process contained in the joint management agreement. (6) Termination under subsection (4) does not affect the remaining part of the joint management agreement. 55 Review and amendment (1) The local authority and the Trust may at any time agree in writ ing or electronically to undertake a review of the joint manage ment agreement. (2) If, as a result of a review, the local authority and the Trust agree in writing or electronically that the joint management agree ment should be amended, they may amend the joint manage ment agreement without further formality. (3) If the joint management agreement is amended, the local au thority and the Trust must— (a) give written or electronic notice of the amendment to the Minister; and (b) provide a copy of the amended joint management agree ment to the Minister. 56 Other powers not affected The provisions of this Act relating to joint management agree ments do not preclude the local authority from— (a) making any other joint management agreement with the Trust under the Resource Management Act 1991: (b) making any other co-management arrangement with the Trust under any enactment: (c) making a transfer or delegation to the Trust under any enactment. 57 Exercise of powers in certain circumstances (1) This section applies if— 43 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 Part 3 s 58 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (a) a statutory function or power is affected by a joint man agement agreement; and (b) either— (i) an emergency situation arises; or (ii) a statutory timeframe for the carrying out of the function or the exercise of the power is not able to be complied with under the joint management agreement. (2) The local authority may carry out the function or exercise the power on its own account and not in accordance with the joint management agreement. (3) As soon as practicable, the local authority must give the rele vant Trust written or electronic notice of the carrying out of the function or the exercise of the power. Miscellaneous 58 Regulations and bylaws (1) The Governor-General may, by Order in Council, make regu lations consistent with the overarching purpose of this Act for the management of aquatic life, habitats, and natural resources managed under the conservation legislation. (2) Within 2 years of the operational date, theMinister of Fisheries must recommend to the Governor-General themaking of regu lations under the Fisheries Act 1996 providing for each Trust to manage customary fishing on theWaikato River through the issuing of customary fishing authorisations to fisheries man aged under the Fisheries Act 1996. (3) Within 80 business days of the operational date, theMinister of Fisheries must recommend to the Governor-General the mak ing of regulations under the Fisheries Act 1996 providing for each Trust to recommend to the Minister of Fisheries the mak ing of bylaws restricting or prohibiting fishing on the Waikato River of fisheries managed under the Fisheries Act 1996. (4) The Minister of Fisheries must make any bylaws recom mended under subsection (3), unless the Minister is satisfied that the proposed bylaws would have an undue adverse effect on fishing. 44 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394191 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM394191 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Part 3 s 61 59 Limitation on regulations and bylaws Regulations must not be made under section 58 that— (a) displace or otherwise derogate from— (i) the tikanga of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi; or (ii) any agreements or arrangements between Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi and any Crown agency, local authority, or other person; or (iii) the Te Arawa Lakes (Fisheries) Regulations 2006; or (b) have an undue adverse effect on the rights, benefits, and duties of a mandated iwi organisation (as defined in the Maori Fisheries Act 2004) of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi; or (c) preclude or otherwise limit the ability of Ngati Tuwharetoa, Raukawa, or Te Arawa River Iwi to en ter any agreements or arrangements with any Crown agency, local authority, or other person. 60 Accords (1) In relation to Ngati Tuwharetoa, the Crown and the Trust may enter into accords. (2) In relation to Raukawa and Te Arawa River Iwi, the Crown must actively engage with the Trusts to ensure that the accords referred to in clauses 8.1 to 8.5 of the deeds are entered into— (a) as expeditiously as possible; and (b) before— (i) the operational date; or (ii) another date that the Crown and each Trust indi vidually agree on in writing or electronically. (3) The terms of an accord may be varied by agreement between the Crown and the Trust in accordance with the accord’s terms. 61 Rule against perpetuities (1) Neither the rule against perpetuities nor the Perpetuities Act 1964 prescribes or restricts the period during which— (a) each Trust and the Waikato River Clean-up Trust may exist in law; or 45 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM415605 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM415605 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM311463 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM353436 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM353436 Part 3 s 62 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (b) the trustees of each Trust and the Waikato River Clean-up Trust may hold or deal with property or income from property in their capacity as trustees. (2) Neither the rule against perpetuities nor the Perpetuities Act 1964 applies to a document entered into to give effect to the deed if the application of the rule or the Act would make the document invalid or ineffective or a right conferred by the document invalid or ineffective. 62 Authority and Trusts: public bodies, entities, and authorities (1) The Authority and each Trust is a public body for the purposes of clause 30 of Schedule 7 of the Local Government Act 2002. (2) The Authority is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor. (3) The Authority is a public authority for the purposes of the def inition of public authority in the Resource Management Act 1991. (4) Each Trust— (a) is a public authority for the purposes of paragraph (a) of the definition of public authority in the Resource Man agement Act 1991; and (b) is a public authority for the purposes of paragraph (b) of the definition of public authority in the Resource Man agement Act 1991 only when it makes a joint manage ment agreement under the Resource Management Act 1991 that is not a joint management agreement under any other Act. 46 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM353436 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM353436 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM175699 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM88548 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM230264 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 1 Schedule 1 s 7 Vision and strategy for Waikato River 1 Vision (1) Toku awa koiora me ona pikonga he kura tangihia o te mata muri. The river of life, each curve more beautiful than the last. (2) Our vision is for a future where a healthy Waikato River sus tains abundant life and prosperous communities who, in turn, are all responsible for restoring and protecting the health and wellbeing of the Waikato River, and all it embraces, for gen erations to come. (3) In order to realise the vision, the following objectives will be pursued: (a) the restoration and protection of the health and wellbe ing of the Waikato River: (b) the restoration and protection of the relationships of Waikato-Tainui with the Waikato River, including their economic, social, cultural, and spiritual relationships: (c) the restoration and protection of the relationships of Waikato River Iwi according to their tikanga and kawa with the Waikato River, including their economic, so cial, cultural, and spiritual relationships: (d) the restoration and protection of the relationships of the Waikato Region’s communities with theWaikato River, including their economic, social, cultural, and spiritual relationships: (e) the integrated, holistic, and co-ordinated approach to management of the natural, physical, cultural, and his toric resources of the Waikato River: (f) the adoption of a precautionary approach towards de cisions that may result in significant adverse effects on the Waikato River and, in particular, those effects that threaten serious or irreversible damage to the Waikato River: (g) the recognition and avoidance of adverse cumulative effects, and potential cumulative effects, of activities undertaken both on the Waikato River and within the catchment on the health and wellbeing of the Waikato River: 47 Schedule 1 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (h) the recognition that the Waikato River is degraded and should not be required to absorb further degradation as a result of human activities: (i) the protection and enhancement of significant sites, fish eries, flora, and fauna: (j) the recognition that the strategic importance of the Waikato River to New Zealand’s social, cultural, en vironmental, and economic wellbeing requires the restoration and protection of the health and wellbeing of the Waikato River: (k) the restoration of water quality within theWaikato River so that it is safe for people to swim in and take food from over its entire length: (l) the promotion of improved access to the Waikato River to better enable sporting, recreational, and cultural op portunities: (m) the application to the above of both matauranga Maori and the latest available scientific methods. 2 Strategy To achieve the vision, the following strategies will be fol lowed: (a) ensure that the highest level of recognition is given to the restoration and protection of the Waikato River: (b) establish what the current health status of the Waikato River is by utilising matauranga Maori and the latest available scientific methods: (c) develop targets for improving the health and wellbeing of theWaikato River by utilising mataurangaMaori and the latest available scientific methods: (d) develop and implement a programme of action to achieve the targets for improving the health and well being of the Waikato River: (e) develop and share local, national, and international ex pertise, including indigenous expertise, on rivers and activities within their catchments that may be applied to the restoration and protection of the health and well being of the Waikato River: 48 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 1 (f) recognise and protect wahi tapu and sites of significance to Waikato-Tainui and other Waikato River iwi (where they do decide) to promote their cultural, spiritual, and historic relationship with the Waikato River: (g) recognise and protect appropriate sites associated with theWaikato River that are of significance to theWaikato regional community: (h) actively promote and foster public knowledge and understanding of the health and wellbeing of the Waikato River among all sectors of the Waikato re gional community: (i) encourage and foster a “whole of river” approach to the restoration and protection of the Waikato River, includ ing the development, recognition, and promotion of best practice methods for restoring and protecting the health and wellbeing of the Waikato River: (j) establish new, and enhance existing, relationships be tween Waikato-Tainui, other Waikato River iwi (where they so decide), and stakeholders with an interest in ad vancing, restoring, and protecting the health and well being of the Waikato River: (k) ensure that cumulative adverse effects on the Waikato River of activities are appropriately managed in statu tory planning documents at the time of their review: (l) ensure appropriate public access to the Waikato River while protecting and enhancing the health and wellbe ing of the Waikato River. 49 Schedule 2 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 Schedule 2 s 21(3) Process to review vision and strategy 1 Powers during review During a review of the vision and strategy, the Authority may— (a) consult with any person whom the Authority considers appropriate; and (b) seek any information and commission any reports that the Authority considers appropriate; and (c) take any other actions that the Authority considers ap propriate. 2 Duty following review If the Authority considers that an amendment to the vision and strategy may be appropriate as a result of its review, the Au thority must prepare a draft vision and strategy by following the process in clause 3. 3 Preparation of draft (1) This clause applies during the preparation of a draft vision and strategy. (2) The Authority must consult— (a) the Minister, the Minister of Conservation, the Minister of Fisheries, and relevant departments; and (b) relevant iwi authorities; and (c) the local authorities. (3) The Authority may consult any other person or organisation. (4) The Authority may— (a) seek any information and commission any reports that the Authority considers appropriate; and (b) take any other actions that the Authority considers ap propriate. 4 Notice of draft (1) This clause applies once the Authority has prepared the draft vision and strategy. 50 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 2 (2) The Authority must ensure that the draft is available for public inspection at locations that are appropriate to facilitate public participation in the development of the vision and strategy. (3) The Authority must give public notice of the draft. (4) The public notice must— (a) state that the draft vision and strategy is available for inspection at the places and times specified in the notice; and (b) call on interested persons to make submissions on the draft to the Authority at the place and before a date, specified in the notice, no less than 20 business days after the date of the notice. (5) The Authority must also give to the persons who provided comments under clause 3— (a) a copy of the draft; and (b) written or electronic notice inviting them to provide a written or electronic submission to the Authority on the draft before the date specified in the public notice. (6) The Authority may give notice of the draft in any other way that the Authority considers appropriate but the notice must convey the same information as is in the public notice. (7) Any person may make a written or electronic submission on the draft to the Authority before the date specified in the public notice. (8) A submission must include a statement as to whether the per son wishes to be heard in support of the submission. 5 Submissions made public As soon as practicable after the Authority receives a submis sion, it must ensure that the submission is available for public inspection at the locations at which the draft vision and strat egy is available for public inspection. 6 Hearing of submissions (1) The Authority must give persons who ask to be heard in sup port of a submission a reasonable opportunity of appearing be fore the Authority. 51 Schedule 2 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (2) The Authority must give the persons written or electronic no tice of not less than 10 business days specifying the dates, times, and places of the hearings. (3) The Authority may— (a) appoint a committee to hear submissions: (b) appoint to the committee any person whom the Au thority considers appropriately qualified to hear submis sions, whether or not the person is a member of the Au thority. (4) The Authority must hear submissions in public. (5) The Authority may— (a) request a person to provide further information or evi dence in support of the person’s submission; and (b) commission reports on submissions; and (c) commission reports on any other matters; and (d) take any other action it considers appropriate in relation to the hearing of submissions. (6) The Authority must comply with subclauses (1), (2), and (4) but may otherwise regulate its procedures as it sees fit. 7 Decision (1) This clause applies once the Authority has completed the hear ing and consideration of submissions. (2) The Authority must do 1 of the following: (a) notify the appointers that it does not recommend that the vision and strategy be amended: (b) recommend to the appointers that the vision and strat egy be amended in the manner set out in the full version of the vision and strategy with amendments shown ac companying the recommendation. (3) In making a decision under subclause (2), the Authority— (a) must seek to identify all reasonably practicable options for the achievement of the overarching purpose of this Act; and (b) must assess the options by considering— (i) the benefits and costs of each option in terms of the present and future social, economic, environ mental, and cultural wellbeing of the communi 52 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 2 ties associated with the Waikato River, including if practicable a quantification of the benefits and costs of each option; and (ii) the extent to which the vision and strategy would be promoted or achieved in an integrated and ef ficient manner by each option; and (c) may recommend that the vision and strategy be amended only if the amendment would be consistent with the overarching purpose of this Act. (4) The Authority must include with its notification or recommen dation under subclause (2)— (a) a report that summarises the Authority’s assessment under subclause (3); and (b) a report that summarises the submissions on a proposed provision or an issue and gives reasons for accepting or rejecting the submissions, without necessarily address ing each individual submission. 53 Schedule 3 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 Schedule 3 s 33(4) Terms of Waikato River Clean-up Trust 1 Interpretation In this schedule, unless the context requires another mean ing,— object means the object of the trust described in clause 3 property— (a) means all property, whether real or personal; and (b) includes choses in action, interests, money, and rights river iwi means— (a) Maniapoto; and (b) Ngati Tuwharetoa; and (c) Raukawa; and (d) Te Arawa River Iwi; and (e) Waikato-Tainui trust means the trust established by section 33(2) trust fund means property that— (a) either— (i) the Authority receives from time to time from the Crown or otherwise; or (ii) is growth in the property described in subpara graph (i); and (b) the Authority holds on the terms of the trust trustee means the Authority. 2 Name (1) The trust is the Waikato River Clean-up Trust. (2) The trustee may amend or change the name by deed. 3 Object (1) The trust is a trust for charitable purposes. (2) The object of the trust is the restoration and protection of the health and wellbeing of the Waikato River for present and fu ture generations. (3) Whenever possible, the object is to be interpreted having ad equate regard to— (a) the vision and strategy; and 54 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 3 (b) the report of the scoping study. 4 Application of income (1) The trustee may pay or apply all or any of the income of the trust to promote or advance the object in the manner the trustee determines. (2) Before acting under subclause (1), the trustee must pay or pro vide for all the trustee’s costs for establishing, managing, and administering the trust. 5 Application of capital The trustee may pay or apply all or any of the capital of the trust to promote or advance the object in the manner the trustee determines. 6 Applications for funding (1) Funding from the trust is available on a contestable basis for use in projects to achieve the object. (2) The trustee must— (a) prepare a strategy document that identifies areas of pri ority for funding that are consistent with the object; and (b) identify the criteria, based on relevant factors, that the trustee is to apply in approving or not approving fund ing; and (c) publish the strategy document and the criteria. (3) The trustee must devise an appropriate process for inviting and dealing with applications to the trust for funding. (4) The process must be designed to ensure the following, to the extent reasonably possible: (a) the targeting of funding to the priority areas identified by the trustee in its strategy document; and (b) not funding a project or a part of a project that another agency would fund or be likely to fund in the normal course of its operations if the trust did not exist; and (c) efficiency in the allocation and use of funding, including having particular regard to the desirability of applicants using funding from other sources; and (d) contestability in the allocation of funding; and 55 Schedule 3 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (e) preference being given to projects that achieve practical results over projects that are purely for research pur poses; and (f) adequate regard being given to the vision and strategy; and (g) adequate regard being given to the report of the scoping study; and (h) adequate regard being given to any other relevant re search; and (i) adequate regard being given to the extent to which pro jects would further iwi environmental plans, in the case of applications from iwi or applications based onmatau ranga Maori or on the mauri of the Waikato River; and (j) accountability by recipients of funding. (5) The trustee must devise appropriate forms or templates for ap plications to ensure that the information applicants provide to the trustee is sufficient to enable the trustee to make properly informed decisions by being— (a) complete; and (b) supported by adequate technical material and other sub missions and evidence; and (c) timely. (6) The trustee may approve an application for funding only after due consideration. (7) The trustee must impose accountability requirements on re cipients of funds for— (a) achievement of targets or milestones; and (b) reporting back to the trustee on the use of funds and results achieved. (8) The accountability requirements must— (a) be adequate and appropriate; and (b) not impose unduly onerous obligations on applicants with limited infrastructure, such as marae. (9) In making decisions under this clause, the members of the trustee must pursue— (a) the highest level of good faith engagement; and (b) consensus decision-making. 56 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 3 7 Funding from non-Crown sources (1) The trustee may accept a donation of property from a source other than the Crown to be held on the terms of the trust. (2) However, the trustee must not accept a donation if it is subject to a condition that is inconsistent with the object. 8 Investment of trust fund (1) The trustee may invest all or any of the trust fund in any prop erty that the laws of New Zealand permit for the investment of the funds of trusts. (2) The trustee has full power to buy or otherwise acquire any property and full power to sell or otherwise dispose of any of the trust fund. (3) In exercising its investment powers, the trustee must— (a) act in accordance with the applicable provisions of Part 2 of the Trustee Act 1956; and (b) have due regard to the object. 9 Authorities, discretions, and powers (1) The trustee has all the authorities, discretions, and powers vested in the trustee by law or by this schedule. (2) The trustee has power— (a) to sell, call in, and convert into money or other property all or part of the trust fund; and (b) to accumulate the income of the trust fund; and (c) to apply or set aside part of the trust fund towards the payment of liabilities or obligations of the trustee; and (d) to open and maintain a bank account and to decide on the signatories to the account; and (e) to raise or borrow money (either bearing or free of in terest) from any person; and (f) to secure the repayment of money borrowed and any interest on it by mortgage or charge over all or any of the property that is part of the trust fund; and (g) to apply money borrowed for any of the purposes for which the assets of the trust fund may be applied, used, or invested; and (h) in relation to a part of the trust fund,— 57 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM305061 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM305061 Schedule 3 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (i) to set it apart as a sub-trust or special endowment or for a special purpose or under a special or distinguishing name; and (ii) to apply it and any accretions to it for the purpose for which it was set apart or for any other purpose authorised by this schedule; and (i) to advertise the trust and the object; and (j) to seek, receive, or decline bequests, conveyances, de vises, donations, or transfers of property; and (k) to obtain incorporation or registration of the trust under an enactment on charitable trusts; and (l) to appoint or engage or employ a person for a period— (i) as an expert or professional person to advise on or carry out any of the authorities, discretions, or powers authorised by this schedule: (ii) as an attorney or delegate for the trustee in New Zealand or elsewhere for all or any of the pur poses of the trust: (iii) as a manager or agent for or on behalf of the trustee in all or any matters relating to the man agement and the control of the trust and any busi ness owned by the trustee or in which it is con cerned: (iv) as a secretary of the trustee: (v) as an employee of the trustee in all or any matters relating to the trust; and (m) to act on an opinion or advice or information obtained from a person referred to in subclause (l)(i); and (n) to determine all questions and matters of doubt that may arise in the course of the administration, distribution, investment, liquidation, management, partition, realisa tion, or winding up of the trust fund or the trust in a manner conducive to the attainment of the object; and (o) generally to do all other lawful acts and things that are incidental or conducive to the attainment of the object; and (p) to pay from the assets of the trust costs incurred by the trustee in carrying out any of its duties or functions or 58 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 3 exercising any of its authorities, discretions, or powers, except as prohibited by clause 12. (3) All authorities, discretions, and powers that the trustee has may be exercised by the trustee in its absolute discretion and from time to time and on such terms and conditions and in such manner and by such means as it thinks fit. (4) The trustee may exercise the fullest possible authorities and powers as if it were the beneficial owner of the trust fund, as long as each exercise of an authority or power by the trustee is reasonably necessary or advisable in order to further the achievement of the object. 10 Benefits and advantages (1) No person with some control over a business carried on by, for, or for the benefit of the trust is able to direct or divert an amount from the trust to their own benefit or advantage. (2) However,— (a) the trustee may receive full reimbursement for all costs that the trustee properly incurs in connection with the affairs of the trust and that are not met by the Crown; and (b) the trustee may pay reasonable and proper remuneration for services actually rendered to the trust. (3) Subclause (1) does not apply if the Income Tax Act 2007 or any other relevant legislation is amended to allow a person with some control over a business carried on by, for, or for the benefit of a trust to be able to direct or divert an amount from the trust to the person’s own benefit or advantage without compromising the charitable tax status of the trust. (4) In this clause,— (a) benefit or advantage includes a benefit or advantage listed in section CW 42(8) of the Income Tax Act 2007: (b) person with some control includes a person who has control of the types described in sections CW 42(5) to (7) of the Income Tax Act 2007. 59 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM1512300 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM1513271 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM1513271 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM1513271 Schedule 3 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 11 No private pecuniary profit (1) No person involved in the trust may make a private pecuniary profit. (2) However,— (a) a member of the trustee is entitled to be reimbursed out of the assets of the trust for all expenses that he or she properly incurs in connection with the affairs of the trust: (b) the trust may pay reasonable and proper remuneration to an employee of the trust in return for services actually rendered to the trust. 12 Interested members of trustee (1) A conflict transaction exists for a member of the trustee if the member’s interests or duty in a particular matter conflict or might conflict with his or her duty to the trust. (2) A conflict transaction also exists for a member of the trustee if the following circumstances arise: (a) the member has been, is, becomes, or intends to become associated with a person, whether as director or other wise in a private capacity or as trustee of another trust; and (b) the person is a person with whom the trustee is dealing in any way but, in particular, dealing with by way of considering the person’s application for funding. (3) However, a conflict transaction does not arise for a member in relation to an application for funding merely because the member is a member of an iwi that is making the application. (4) When a conflict transaction exists for a member,— (a) the member for whom it exists must declare the nature of the conflict or the potential conflict at a meeting of the trustee; and (b) the member may be required by the chairperson to leave the meeting; and (c) if the member does not leave the meeting, the chair person may adjourn the meeting until the member does leave; and 60 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 3 (d) the member must not take part in deliberations or proceedings, including decision-making, relating to the conflict transaction; and (e) if the member contravenes paragraph (a) or (d),— (i) the member’s participation is not counted; and (ii) the member is not counted in the quorum present at the meeting. 13 Execution of documents (1) This clause applies when the trustee needs to sign or attest to a document under a resolution of the trustee. (2) It is sufficient for the document to be signed or attested to by— (a) 2 or more members of the trustee; or (b) an attorney, agent, or other delegate validly appointed by the trustee for the purpose of signing or attesting to the document. 14 Costs and indemnity (1) The Crown must meet the reasonable operational costs of the trustee. (2) To the extent to which the Crown’s meeting of the operational costs is insufficient, the trustee is fully indemnified by the as sets of the trust for a loss or liability that the trustee incurs in relation to— (a) an authority, discretion, duty, function, or power of the trustee; or (b) a cost of managing or administering the trust. 15 Accounts and audit (1) The trustee must ensure that financial records are kept for the trust. (2) The financial records must present the trust’s receipts, credits, payments, liabilities, and any other relevant matter in a way that shows the true state of the trust’s financial affairs. (3) The trust’s annual accounts must be prepared by a chartered accountant appointed by the trustee. (4) The trustee must have the annual accounts audited by the Auditor-General. 61 Schedule 3 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (5) The financial records and annual accounts must be kept at the trustee’s office or at any other place that the trustee thinks suit able. (6) The financial records and annual accounts must be available to be inspected by a member of the trustee at any time. 16 Reporting (1) At the end of each financial year, the trustee must provide an annual report to the Minister and the river iwi. (2) The report must include— (a) adequate details of the applications for funding ap proved by the trustee under clause 6 during the financial year; and (b) adequate details of the reports received by the trustee from recipients of funds under clause 6(7); and (c) the accounts for the financial year prepared and audited under clause 15. (3) The trustee must publish the annual report. (4) In this clause, financial year means the period of 1 year start ing on 1 July. 17 Borrowing No lender to the trustee for the purposes of the trust need en quire about— (a) the need for the borrowing; or (b) the purpose of the borrowing; or (c) the use of the money borrowed. 18 Winding up (1) The trust is wound up on the earlier of— (a) the date the trust fund has finally been exhausted; and (b) the date the trustee determines with the approval of the Crown and river iwi. (2) On the winding up, the trustee must pay or apply the remain ing capital and income of the trust fund, if any, towards the achievement of the object. 62 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 3 19 Governing law The trust is governed by the laws of New Zealand. 63 Schedule 4 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 Schedule 4 s 35 Waikato River Authority 1 Legal status The Authority is a body corporate separate from— (a) its appointers, employees, and members; and (b) the local authorities. 2 Composition of membership (1) The Authority consists of 10 members as follows: (a) 1 member appointed by the trustee of the Waikato Rau patu River Trust: (b) 1 member appointed by the trustees of the Te Arawa River Iwi Trust: (c) 1 member appointed by the Tuwharetoa Maori Trust Board: (d) 1 member appointed by the trustees of the Raukawa Settlement Trust: (e) 1 member appointed by the Maniapoto Maori Trust Board: (f) 1 member appointed by the Minister in consultation with theMinister of Finance, theMinister of Local Gov ernment, and the Minister of Maori Affairs on the rec ommendation of the Council: (g) 1 member appointed by the Minister in consultation with the Minister of Finance, the Minister of Local Government, and the Minister of Maori Affairs from persons recommended by the territorial authorities (other than the Auckland Council) whose boundaries fall within, or partly within, areas marked “A” and “B” on SO plan 409144: (h) 3 members appointed by the Minister in consultation with the Minister of Finance and the Minister of Maori Affairs. (2) In appointing members to the Authority, the Minister— (a) may seek recommendations from persons whom the Minister considers appropriate; and (b) must have regard to the members already appointed to the Authority to ensure that the membership reflects a 64 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 4 balanced mix of knowledge and experience in relation to the Waikato River; and (c) must ensure that at least 2 of the members appointed under subclause (1)(f) to (h) are ordinarily resident in the Waikato region. (3) In recommending a person for appointment as a member of the Authority, a local authority must be satisfied that the person has the skills, knowledge, or experience to— (a) participate effectively in the governance of the Author ity and the management of its functions; and (b) contribute to the achievement of the overarching pur pose of this Act to restore and protect the health and wellbeing of the Waikato River for present and future generations. (4) The decision of a local authority to recommend a person for appointment as a member of the Authority— (a) does not require the local authority to undertake con sultation; and (b) does not have the effect of making the Authority a coun cil organisation or a council-controlled organisation. (5) If the Council does not make a recommendation, the Minister may appoint a member who, in the opinion of the Minister,— (a) has a sound knowledge of the Waikato region and its communities; and (b) has the skills, knowledge, or experience to— (i) participate effectively in the governance of the Authority and the management of its functions; and (ii) contribute to the achievement of the overarch ing purpose of this Act to restore and protect the health and wellbeing of the Waikato River for present and future generations. (6) If the territorial authorities do not make a recommendation, the Minister may appoint a member who, in the opinion of the Minister,— (a) has a sound knowledge of local communities associated with the Waikato River and its catchments; and (b) has the skills, knowledge, or experience to— 65 Schedule 4 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (i) participate effectively in the governance of the Authority and the management of its functions; and (ii) contribute to the achievement of the overarch ing purpose of this Act to restore and protect the health and wellbeing of the Waikato River for present and future generations. 3 Method of appointment and length of membership (1) A member is appointed by the appointer of the member giving a written or electronic notice to— (a) the other appointers; and (b) the Authority. (2) The notice must state the date on which the appointment starts. (3) A member— (a) is appointed for a term of up to 3 years; and (b) may be reappointed for further terms of up to 3 years each. 4 Cessation of membership (1) A member whose term of appointment has ended under clause 3(3)(a) continues to hold office until— (a) the member is reappointed; or (b) the appointer of the member appoints a successor for the member. (2) A member may resign from the Authority by giving 4 weeks’ written or electronic notice to— (a) the appointers; and (b) the other members. (3) A member is removed as a member of the Authority by the appointer of the member giving a written or electronic notice to— (a) the other appointers; and (b) the Authority. (4) The notice must state the date on which the appointment stops. (5) An appointer may give a notice under subclause (3) only if the appointer is satisfied that the member— (a) has neglected his or her duty as a member: 66 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 4 (b) has been guilty of misconduct: (c) is bankrupt: (d) is unable to perform the functions of office. (6) Subclause (7) applies if— (a) a member dies: (b) a member’s term of appointment ends and the member is not reappointed: (c) a member resigns: (d) a member is removed as a member. (7) The appointer of the member must appoint a successor to the member as soon as reasonably practicable and within 4 weeks. 5 Vacancies in membership (1) Subclause (2) applies if the appointer named in clause 2(1)(b) or (d)— (a) has not appointed a member; or (b) has not appointed a successor to a member. (2) The chairperson of the Trust referred to in clause 2(1)(b) or (d) is the member or the successor to a member. 6 Co-chairs (1) Two members of the Authority are to be co-chairs. (2) The members appointed under clause 2(1)(a) to (e) must des ignate one of their number to be one of the co-chairs. (3) The appointer of members under clause 2(1)(f) to (h) must designate one of those members to be one of the co-chairs. (4) A co-chair— (a) holds office for a term of up to 3 years unless before his or her term as co-chair ends he or she ceases to be a member of the Authority; and (b) may hold office for further terms of up to 3 years each for so long as he or she continues to be a member of the Authority. (5) When designating a person to be a co-chair, those responsible for making the designation must consider the person’s know ledge, experience, and expertise relevant to— (a) the functions and powers of the Authority; and (b) the role and responsibilities of co-chair of the Authority. 67 Schedule 4 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 7 Setting up meetings (1) The Authority— (a) must hold 4 meetings a year; and (b) may hold as many more meetings as are necessary to enable it to perform its functions and exercise its powers properly. (2) The Authority must meet within the first 2 months of each financial year. (3) At the initial meeting of each financial year, theAuthoritymust adopt a schedule of meetings for the coming year. (4) Notices of meetings must be given as follows: (a) for the initial meeting of the financial year, the notice must be given at least 5 business days before it: (b) once the Authority has adopted a schedule of meet ings,— (i) the notice must be given at least 5 business days before the first meeting on the schedule: (ii) a notice to members of the schedule or a change to the schedule constitutes a notice of everymeet ing on the schedule or the schedule as amended: (c) the co-chairs must give the notice: (d) the notice must be given to each member: (e) the notice must state the date, time, and place of the meeting: (f) the notice must be given by hand, by post, or by an electronic means. (5) Except when the Authority is meeting to exercise its func tions as trustee of the Waikato River Clean-up Trust, notices of meetings must be published in— (a) 1 or more daily newspapers circulating in the Waikato region; or (b) 1 or more other newspapers that have at least an equiva lent circulation in the Waikato region. (6) A member may waive the requirement of giving notice of a meeting to him or her. (7) A member may request leave of absence from a particular meeting. 68 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 4 8 At meetings (1) The Authority must keep and approve the minutes of its meet ings. The properly kept and approved minutes are prima facie evidence of the business transacted at the meetings. (2) A resolution of the Authority is valid when the co-chairs cer tify it. (3) A member has the right to attend any meeting, unless lawfully excluded. (4) A member unable to attend a meeting in person may attend by way of an electronic means. (5) The quorum for meetings is one of the following: (a) the co-chair appointed from among the members ap pointed under clause 2(1)(a) to (e), 2 other members appointed under clause 2(1)(a) to (e), and 3 members appointed under clause 2(1)(f) to (h); or (b) the co-chair appointed from among the members ap pointed under clause 2(1)(f) to (h), 2 other members appointed under clause 2(1)(f) to (h), and 3 members appointed under clause 2(1)(a) to (e); or (c) both co-chairs, 2 members appointed under clause 2(1)(f) to (h), and 2 members appointed under clause 2(1)(a) to (e). (6) A meeting is properly constituted if a quorum is present. (7) At least a quorummust be present during the whole of the time at which the business is transacted at the meeting. (8) Membersmay bring tomeetings such advisers as theAuthority considers necessary to facilitate the efficient transaction of the meeting’s business. (9) Except when the Authority is meeting to exercise its functions as trustee of theWaikato River Clean-up Trust, the Authority’s meetings must be open to the public. (10) Despite subclause (9), the co-chairs may— (a) exclude the public from any meeting, or any part of a meeting, of the Authority for one or both of the follow ing reasons: (i) if attendance of the public would result in dis closure of information for which, in the opinion 69 Schedule 4 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 of the co-chairs, good reason for withholding the information exists; or (ii) if the Authority wants to deliberate in private; and (b) require a member of the public to leave a meeting if, on reasonable grounds, the co-chairs believe that the be haviour of the member of the public is likely to preju dice or continue to prejudice the orderly conduct of the meeting. (11) A member of the public required to leave a meeting who re fuses or fails to do so or attempts to re-enter without permis sion may be removed by a constable or an officer or employee of the Authority. (12) For the purposes of subclauses (10) and (11), public includes bona fide members of the news media. 9 Decision-making (1) Members must reach decisions pursuing— (a) the highest level of good faith engagement; and (b) consensus decision-making. (2) Members must approach decision-making in a manner that is consistent with, and reflects, the purpose of the Authority. 10 Decisions by Minister and nominated person (1) If the members of the Authority are unable to reach a decision as described in clause 9(1), they must refer the matter to— (a) the Minister for the Environment or another Minister nominated by the Minister for the Environment; and (b) a person nominated by the members appointed under clause 2(1)(a) to (e). (2) The members of the Authority must provide the persons to whom the matter is referred under subclause (1) with a written statement of the matters in disagreement and the reasons for the disagreement. (3) The persons must work in good faith to resolve the matter. (4) If the persons reach agreement on a resolution of the matter, theymust notify the Authority of the recommended resolution. 70 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 4 (5) After receiving a recommendation, the members of the Au thority must seek to resolve the matter. (6) If within 20 business days of receiving a recommendation the members of the Authority have not resolved the matter, the recommendation becomes binding and the Authority must give effect to it. (7) If within 30 business days of receiving a referral the persons do not reach agreement on a resolution, they must advise the Authority that the matter has not been resolved. 11 Members bound by decisions (1) Members are bound by the decisions and recommendations made by the Authority and by recommendations that have be come binding under clause 10. (2) Members must not take steps to undermine the decisions and recommendations. 12 Validity and invalidity (1) The appointment of amember is not invalid because of a defect in the appointment. (2) A meeting is not invalid if a member does not receive a notice of the meeting or does not receive it in time unless— (a) the person responsible for giving the notice is proved to have acted in bad faith or without reasonable care; and (b) the member concerned did not attend the meeting. (3) A meeting is not invalid if notice of the meeting is not pub lished as required by this schedule or is not published in time. (4) Nothing done by the Authority is invalid because of— (a) a vacancy in the membership of the Authority at the time the thing was done; or (b) the subsequent discovery of a defect in the appointment of a person acting as a member; or (c) the subsequent discovery that the person was incapable of being a member; or (d) a member’s contravention of clause 13(1) or (2). 71 Schedule 4 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 13 Conflict management (1) If a member has a material interest in the carrying out of a function, exercise of a power, or making of a decision or rec ommendation by the Authority, the member must declare the nature of the interest— (a) at a meeting of the Authority; and (b) either,— (i) if the member is not a co-chair, to the co-chairs; or (ii) if the member is a co-chair, to the other co-chair and to the member’s appointer. (2) The member must not take part in any deliberations or pro ceedings, including any form of decision-making, concerning the matter in which the member has a material interest. (3) The co-chairs, or either of them, may require the member to leave the meeting. (4) If the member does not leave the meeting, the co-chairs, or either of them, may adjourn the meeting until the member does leave. (5) If a member contravenes subclause (1) or (2),— (a) his or her participation in the decision is not counted; and (b) he or she will not be counted in the quorum present at the meeting; and (c) the co-chairs must,— (i) as soon as practicable after becoming aware of the contravention, report it to the appointers; and (ii) record the contravention in the annual report of the Authority. (6) A material interest arises when a member— (a) is a party to, or will derive a material financial benefit from, the transaction or matter: (b) has a material financial interest in another party to the transaction or in a person to whom the matter directly relates: (c) is a director, officer, member, or trustee of another party to, or a person who will or may derive a material finan cial benefit from, the transaction or matter: 72 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 4 (d) is the parent, child, spouse, civil union partner, or de facto partner of another party to, or a person who will or may derive a material financial benefit from, the trans action or matter: (e) through the person’s membership of a local authority, public body, group, organisation, or iwi has a vested in terest in the subject-matter under consideration of such a nature that any decision in which the member partici pated would be, or would have the appearance of being, improperly influenced by the interest or connection. (7) A material interest does not arise— (a) merely because the member is a ratepayer: (b) merely because the member is a member of a local au thority: (c) merely because the member is a member of an iwi or hapu: (d) merely because the economic, social, cultural, and spir itual values of any iwi or hapu and their relationships with the Authority are advanced by or reflected in— (i) the subject matter under consideration: (ii) any decision by or recommendation of the Au thority: (iii) participation in the matter by the member. (8) Members whose appointment was recommended by, or who are members of, a local authority are not— (a) disqualified from participating in any decision-making by the local authority by virtue of being a member or participating in making a decision of the Authority: (b) bound by the provisions of the Local Government Act 2002 when acting or making decisions as a member of the Authority: (c) bound to consult with or seek direction from the local authority. 14 Administration (1) The Crown bears the reasonable operational costs of the Au thority. (2) Members are paid out of money appropriated by Parliament. 73 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM170872 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM170872 Schedule 4 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (3) Members are paid fees as determined by the Minister of Fi nance in accordance with the framework determined by the Government for the classification and remuneration of statu tory and other bodies in which the Crown has an interest. (4) Members are also paid, in accordance with the framework, re imbursing allowances or actual and reasonable expenses in curred in undertaking the duties and functions of the Author ity. (5) A member is not entitled to compensation or any other pay ment or benefit if he or she ceases for any reason to be a mem ber of the Authority. (6) A member is not liable for anything done or omitted in good faith in the carrying out of the Authority’s functions or the exercise of its powers. 15 Reporting and audit (1) No later than 4 months after the end of each financial year, the Authority must provide a report to the appointers. (2) The report must be signed by the co-chairs and include at least the following information: (a) the dates and times of the meetings of the Authority that occurred during the year: (b) details of advice given and recommendations made by the Authority during the year: (c) the outcomes achieved by the Authority during the year: (d) the results of monitoring carried out by the Authority during the year: (e) any other activities undertaken by the Authority during the year: (f) details (including approved and paid funding) of ini tiatives and activities funded during the year by the Waikato River Clean-up Trust: (g) the annual financial statements of the Authority for the year: (h) the annual financial statements of the Waikato River Clean-up Trust for the year: (i) for each member, the total value of fees, allowances, reimbursements, or other benefits paid or payable to the member during the year: 74 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 4 (j) the Auditor-General’s audit report for the year: (k) any other information that is necessary to enable an in formed assessment to bemade of the operations and per formance of the Authority for the year. (3) The Authority must publish every report. (4) No later than 6 months after the end of each financial year, the Authority must hold an annual meeting. (5) Notices of the annual meetings must be given as follows: (a) to the appointers at least 10 business days before the meeting is to be held; and (b) by the co-chairs; and (c) by hand, by post, or by an electronic means. (6) Notices of the annual meeting must include the annual reports and any other information that the Authority considers the ap pointers may require to assess the activities of the Authority during the year. 16 Access to information (1) A member of the public may, without payment of a fee, in spect, during normal business hours,— (a) at least 2 business days before a meeting of the Author ity, copies of agendas and reports circulated to members relating to the meeting; and (b) copies of minutes of a meeting or part of a meeting, except for minutes covering periods when the public was excluded. (2) The co-chairs of the Authority may classify reports, minutes, or documents or parts of reports, minutes, or documents, or classes of document as confidential, in which case they must be withheld from inspection by a member of the public. (3) A member of the public who inspects a document may take notes and, on payment of any fee the Authority may prescribe, obtain from the Authority a copy of any part of a document inspected by the member of the public. (4) Defamatory matter in a document inspected by a member of the public under subclause (3) is privileged unless, in proceed ings for defamation in respect of the publication, the plaintiff 75 Schedule 4 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 proves that, in publishing the matter, the defendant was pre dominantly motivated by ill will towards the plaintiff. (5) An oral statement made at a meeting of the Authority in ac cordance with the procedure for the conduct of meetings ap proved by the Authority is privileged unless, in proceedings for defamation in respect of the statement, the plaintiff proves that, in making the statement, the defendant was predomin antly motivated by ill will towards the plaintiff. (6) The privilege conferred in this clause is in addition to and not in substitution for or derogation from any other privilege, whether absolute or qualified, that applies to the proceedings of the Authority by virtue of any other enactment or rule of law. 17 First steps (1) The terms of membership of the initial members are as fol lows: (a) for the purposes of clause 2(1)(a), the initial member is appointed for a term of 5 years: (b) for the purposes of clause 2(1)(b) and (c), the initial members are appointed for terms of 2 years: (c) for the purposes of clause 2(1)(d) and (e), the initial members are appointed for terms of 3 years: (d) for the purposes of clause 2(1)(f) and (g), the initial members are appointed for terms of 2 years: (e) for the purposes of clause 2(1)(h), the initial members are appointed for terms of 3 years. (2) The Authority must have its first meeting within 3 months of the commencement date. (3) The initial co-chairs are— (a) the member appointed under clause 2(1)(a); and (b) the member appointed under clause 2(1)(h) designated by the appointer of members under clause 2(1)(h) to be an initial co-chair. (4) For 5 years following the commencement date, the member appointed under clause 2(1)(a) is the designated co-chair under clause 6(2). 76 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 5 Schedule 5 s 37 Upper Waikato River integrated management plan 1 Preparation of draft plan The following process applies to the preparation of a draft of the integrated management plan: (a) the Trusts and the relevant departments, relevant local authorities, and appropriate agencies must meet to dis cuss the preparation of a draft plan; and (b) the Trusts and the relevant departments, relevant local authorities, and appropriate agencies may consult with and seek comment from appropriate persons and organ isations in the preparation of the draft plan. 2 Notification and submissions on draft plan (1) When the Trusts and the relevant departments, relevant local authorities, and appropriate agencies have prepared the draft plan, they— (a) must notify it by giving public notice; and (b) may notify it by any other means that the Trusts and the relevant departments, relevant local authorities, and appropriate agencies think appropriate; and (c) must ensure that the draft plan is available for public inspection. (2) The public notice must— (a) state that the draft plan is available for inspection at the places and times specified in the notice; and (b) state that interested persons or organisations may lodge submissions on the draft plan— (i) with the Trusts or the relevant departments, rele vant local authorities, or appropriate agencies: (ii) at the place specified in the notice: (iii) before the date specified in the notice; and (c) set a date for the lodging of submissions that is at least 20 business days after the date of the publication of the notice. 77 Schedule 5 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 (3) Any person or organisation may make a written or electronic submission on the draft plan in the manner described in the public notice. 3 Approval of plan (1) The Trusts and the relevant departments, relevant local au thorities, and appropriate agencies must consider submissions made under clause 2, to the extent to which they are consistent with the purpose of the plan. (2) The Trusts and, as applicable, the relevant Minister or the Council or the appropriate agency may then approve the plan. (3) The Trusts and the relevant departments, relevant local author ities, and appropriate agencies— (a) must notify the plan by giving public notice; and (b) may notify the plan by any other means that the Trusts and the relevant departments, relevant local authorities, and appropriate agencies think appropriate. (4) The public notice must— (a) state where the plan is available for public inspection; and (b) state when the plan comes into force. (5) The plan— (a) must be available for public inspection at the local of fices of the relevant departments, relevant local author ities, and appropriate agencies; and (b) comes into force on the date specified in the public no tice. 4 Review of, and amendments to, plan (1) The Trusts that prepared the plan and the relevant departments, relevant local authorities, and appropriate agencies may at any time agree to review the plan or any component of the plan. (2) None of the Trusts or the relevant departments, relevant local authorities, or appropriate agencies may unreasonably with hold their agreement under subclause (1). (3) The Trusts that prepared the plan and the relevant departments, relevant local authorities, and appropriate agencies must start a review of the plan— 78 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Schedule 5 (a) within 5 years after the date on which the plan comes into force; and (b) within 5 years after the previous review is completed by— (i) a decision that the plan does not need to be amended; or (ii) the approval of an amended plan. (4) If the Trust for Ngati Tuwharetoa did not participate in the preparation of the plan, the following provisions apply: (a) the other Trusts must give the Trust for Ngati Tuwhare toa written or electronic notice of an intended review under subclause (1) or (3): (b) if the Trust for Ngati Tuwharetoa decides to participate in the review, it must give the other Trusts written or electronic notice of its decision within 30 business days after receipt of the other Trusts’ notice: (c) if the Trust for Ngati Tuwharetoa decides not to partici pate in the review, it must give the other Trusts written or electronic notice of its decision— (i) as soon as practicable after the decision is made; and (ii) within 30 business days after receipt of the other Trusts’ notice. (5) The Trusts that participate in a review under subclause (1) or (3) and the relevant departments, relevant local authorities, and appropriate agencies must apply clauses 1 to 3, modified as necessary, to the review. (6) If the Trusts that participate in a review and the relevant de partments, relevant local authorities, and appropriate agencies agree as a result of the review that the plan should be amended in a material way, the amendment must be approved under sec tion 37(3). (7) If the Trusts that prepared a plan and the relevant departments, relevant local authorities, and appropriate agencies agree that the plan should be amended in a way that is not material, they must apply clause 3(3) to (5), modified as necessary, to the pro 79 Schedule 5 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Reprinted as at 20 May 2014 posed amendment and the amendment need not be approved under section 37(3). 80 Reprinted as at 20 May 2014 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Notes Reprints notes 1 General This is a reprint of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 that incorporates all the amendments to that Act as at the date of the last amendment to it. 2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status. 3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/. 4 Amendments incorporated in this reprint Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26): section 107 Raukawa Claims Settlement Act 2014 (2014 No 7): section 138 Land Transport Management Amendment Act 2013 (2013 No 35): section 72 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act and Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act Commencement Order 2010 (SR 2010/379): clause 2(b) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2014 81 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998516 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998515 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998532 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2998532 http://www.pco.parliament.govt.nz/editorial-conventions/ http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4005646 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM5323821 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4663359 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM4929207 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM3298405