Tutae-Ka-Wetoweto Forest Act 2001

Reprint as at 1 April 2008

Tutae-Ka-Wetoweto Forest Act 2001

Public Act2001 No 48
Date of assent10 September 2001
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Conservation.


  • Preamble

    (1) Rakiura Maori Land Trust is an ahu whenua trust established under Te Ture Whenua Maori Act 1993 in respect of the sections of blocks IX and X Lords River Survey District that contain the Tutae-Ka-Wetoweto Forest:

    (2) Rakiura is the kaitiaki and registered proprietor of the Forest:

    (3) Members of Rakiura are the tangata whenua and beneficial owners of the Forest, with full rights of ownership, possession, and use of the Forest:

    (4) The Forest contains virgin indigenous timber, vegetation, and wildlife which Rakiura wish to preserve and protect not only for their own benefit but also for the benefit of the New Zealand public:

    (5) By a deed dated 9 October 1999, the Crown and Rakiura have agreed, among other things,—

    • (a) that Rakiura will continue to be the kaitiaki and registered proprietor of the Forest; and

    • (b) that Rakiura members will continue to be the beneficial owners of the Forest; and

    • (c) that Rakiura members will continue to have full rights of ownership, possession, and use of the Forest; and

    • (d) that upon payment by the Crown of valuable consideration Rakiura will enter into a deed of covenant to preserve and protect the Forest in perpetuity; and

    • (e) that despite its rights to undisturbed possession and enjoyment of the Forest Rakiura will allow controlled public access to the Forest; and

    • (f) that the Crown will not seek to acquire title or possession of the Forest; and

    • (g) that Rakiura will not manage or use the Forest for any purpose inconsistent with the deed of covenant; and

    • (h) that the Crown will introduce legislation to ensure that Rakiura does not incur any liability for income tax arising out of the payment of money as provided for in the deed:

    (6) By a deed of covenant dated 9 October 1999, the Crown and Rakiura agreed that Rakiura would manage the Forest in perpetuity, in accordance with the covenant,—

    • (a) to preserve the natural environment, landscape, amenities, wildlife, freshwater, and historic values of the Forest; and

    • (b) to recognise that the Forest contains scenery of such distinctive quality, and ecological systems and natural features so beautiful, unique, or scientifically important that the Forest should be preserved in perpetuity for its intrinsic worth and for the benefit, use, and enjoyment of not only members of Rakiura, but also the wider public, as if it were a national park; and

    • (c) to provide, subject to a management plan to be prepared under the deed of covenant, freedom of access to the Forest for the New Zealand public.