New Plymouth District Council (Waitara Lands) Act 2018

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New Plymouth District Council (Waitara Lands) Act 2018

Local Act
 
2018 No 2
Date of assent
 
18 December 2018
Commencement
 
see section 2

Contents

Preamble
1Title
2Commencement
3Purposes
4Interpretation
5Requirement in relation to decisions
6Act binds the Crown
7Waitara Endowment Land and income and proceeds freed from trusts, reservations, and endowments, but subject to existing interests
8Vesting of Vested Land
9Land adjacent to West Beach may also be vested
10Agreement to purchase Council purchase property
11Agreement to transfer Council option property
12Transfer of Council transfer property
13Reserve status of certain Council transfer properties
14Brown Road Land
15Agreement to purchase Crown purchase property
16Transfer of Crown purchase property
17Reserve status of Crown transfer property
18Reserve status of Vested Land and other reserve properties
19Dealing with reserve land
20Management of reserve land
21Purpose of this Part
22Lessee may purchase freehold
23Purchase price and other terms and conditions
24Process for purchase of freehold by lessee
25Valuation of land for purposes of sale to lessee
26Sale other than to lessee
27Council’s rights and powers as local authority not affected
28Allocation and management of accumulated and future income from Waitara Endowment Land
29Allocation of accumulated income from Waitara Endowment Land
30Allocation of future income from Waitara Endowment Land
31TRC duty to allocate accumulated and future income
32Establishment of Waitara River Committee
33Functions of Waitara River Committee
34Waitara River Committee to establish subcommittee
35TRC’s annual plan, long-term plan, and annual report
36Establishment and investment of Fund
37Establishment of Board
38Functions and powers of Board
39Membership of Board
40Membership of Board when appointments not made on time
41Council obligations to Board
42Administration and operation of Board
43Establishment of Hapū Land Fund and Waitara Perpetual Community Fund
44Hapū Land Fund
45Te Kōwhatu Tū Moana’s role in administering Hapū Land Fund
46Waitara Perpetual Community Fund
47Determination of amount of annual release from Waitara Perpetual Community Fund
48Purposes for which annual release may be distributed
49Process for distributions from Fund
50Investment of Hapū Land Fund and Waitara Perpetual Community Fund
51Provision of further land to Te Kōwhatu Tū Moana
52Council’s annual plan, long-term plan, and annual report
53Application of Resource Management Act 1991
54Application of Conservation Act 1987 and Crown Minerals Act 1991
55Registration of ownership and matters to be recorded on record of title for Vested Land
56Record of title for Council transfer properties
57Record of title for Crown transfer properties
58Registration requirements for certain properties
59Right of purchase by lessee to be entered on records of title
60Removal of notation from certain records of title
61Requirements for giving notice
62Time when notice received
63Power to amend schedules
64Repeals
65Income Tax Act 2007 amended
CZ 35Amounts derived by Te Kōwhatu Tū Moana
66Goods and Services Tax Act 1985 amended
78HLand in Waitara vested in Te Kōwhatu Tū Moana to be zero-rated
Legislative history

Preamble

(1)

Rangatira of Otaraua and Manukorihi hapū (the Waitara hapū) signed te Tiriti o Waitangi, with others, in 1840 and in doing so preserved rangatiratanga for their descendants.

(2)

The rangatira Whiti Te Rangitaake refuted individual title of land and therefore the right of sale of the Waitara land. He claimed in 1859 that “the land belongs to us all; to the orphan and to the widow belongs that piece of land”. Despite that advice, land sales did proceed.

(3)

The Waitara hapū consider that the lands and waterways of Waitara have not been recognised by the Crown as taonga tuku iho. The retention and use of those lands for the benefit of the original owners, their hapū, and their whānau, have not been promoted, nor their wāhi tapu protected. The protection of rangatiratanga embodied in te Tiriti o Waitangi has not been manifested in Waitara.

(4)

The Waitara hapū, as tangata whenua, hold mana whenua over the lands and waterways of Waitara, although they have long been unable to exercise their kaitiakitanga over these lands and waterways.

(5)

The New Zealand land wars began at Waitara in 1860 when disputes regarding the Crown’s purchasing methods escalated. In 1865, all land owned by the Waitara hapū at Waitara was confiscated and today only 3 hectares remain in the ownership of the Otaraua hapū, while Manukorihi hapū owns no land.

(6)

Since the 1860s, there have been a number of investigations, commissions, and reports that have inquired into the confiscation of the Waitara lands. All recognised that the confiscations at Waitara, the first wide-scale confiscations in Aotearoa New Zealand, were unjust. The Waitangi Tribunal has characterised them as a breach of te Tiriti o Waitangi.

(7)

The Crown acknowledged the dispossession and the impacts of landlessness to Te Atiawa in 2014, with the settling of Te Atiawa’s historical Treaty claims. In the deed of settlement, the Crown apologised to Te Atiawa tūpuna, hapū, and whānau. That settlement was not supported by the Waitara hapū.

(8)

Some of the confiscated land is vested in the New Plymouth District Council (the Council), as successor to a number of former local government entities (including the Waitara Harbour Board) on which the land was endowed.

(9)

There are restrictions on the purposes for which the Council may apply the proceeds from the use of the land (for example, rental income) or the disposal of the land.

(10)

The Taranaki Regional Council has interests conferred by statute in some of those proceeds and has roles, rights, and responsibilities in respect of the Waitara community generally.

(11)

Leaseholders of much of the land dealt with by this Act have long desired the right to freehold their land and have engaged in litigation to attempt to obtain that right, but ultimately without success.

(12)

The Council, as the relevant territorial authority and as lessor, has interests, roles, rights, and responsibilities in respect of the land and the Waitara community generally.

(13)

Previous attempts (including a local Bill) to reconcile the various interests noted above have not been successful, but despite significant reservations, the Waitara hapū acknowledge that this Act—

(a)

enables the transfer of land to the Waitara hapū and secures for them and their descendants a foundation for the future, as a rock to endure the relentless tide (kōwhatu e te moana); and

(b)

allows lessees to freehold their properties; and

(c)

creates an enduring fund for the benefit of the Waitara community, including the Waitara hapū, as well as a fund for river restoration and a fund for land to be acquired by the Waitara hapū.

(14)

In the words of the whakataukī written by Whiti Te Rangitaake to the chief land purchase commissioner in 1859—

“Ko enei whenua ekore e hoatu e matou ki a korua ringaringa ko te Kawana, kei rite matou ki nga manu o te moana e noho ana i runga i te kōwhatu, ka pari te tai ka ngaromia taua kōwhatu e te moana, ka rere ngā manu, no te mea kaore he nohoanga mo ratou”.

These lands will not be given by us into the Governor’s and your hands, lest we resemble the seabirds which perch upon a rock, when the tide flows the rock is covered by the sea, and the birds take flight for they have no resting place ... .

(15)

Legislation is required in order to give effect to the matters above and related matters affecting land in the Waitara area.

The Parliament of New Zealand therefore enacts as follows:

1 Title

This Act is the New Plymouth District Council (Waitara Lands) Act 2018.

2 Commencement

This Act comes into force on 17 March 2019.

Part 1 Preliminary provisions

3 Purposes

The purposes of this Act are to—

(a)

remove all existing endowments, statutory trusts, restrictions, reservations, and limitations affecting the Waitara Endowment Land and any accumulated and ongoing income generated from the Waitara Endowment Land; and

(b)

provide for the fee simple ownership in the Vested Land (including the Crown-owned portion of Clifton Park) to be vested in Te Kōwhatu Tū Moana subject to restrictions; and

(c)

provide for the future purchase or acceptance of transfer by Te Kōwhatu Tū Moana of further Council land (including the Brown Road Land); and

(d)

provide for the future acceptance by Te Kōwhatu Tū Moana of transfer of the Crown’s title in 5 reserves; and

(e)

provide for the status of the Vested Land and certain land transferred in the future as reserve land subject to the Reserves Act 1977; and

(f)

provide for the Council to be the administering body of Vested Land and other transferred land that remains or becomes a reserve; and

(g)

provide for the Council and Te Kōwhatu Tū Moana (as registered owner of Vested Land and other transferred land that remains or becomes a reserve) to enter an agreement for the administration and management of reserve land and to prepare and review the management plan for that land; and

(h)

provide lessees with the option to freehold their leasehold properties at any time without restricting the ability of the Council to sell its interest in any property before the option is exercised; and

(i)

provide for the division of net accumulated and ongoing income from the Waitara Endowment Land between TRC and the Council (and the Hapū Land Fund, for some accumulated income); and

(j)

provide for the establishment of funds and administrative bodies for the administration and application of TRC’s and the Council’s respective shares of any accumulated and ongoing income generated from the Waitara Endowment Land, including by creating—

(i)

a fund to improve the health and well-being of the Waitara River and its catchment:

(ii)

a fund to improve Waitara and the lower Waitara River catchment:

(iii)

the Hapū Land Fund to enable the Waitara hapū to purchase, develop, and manage land in and adjacent to Waitara:

(iv)

the Waitara Perpetual Community Fund to improve the social, economic, cultural, and environmental well-being of Waitara; and

(k)
4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

accumulated and future income means the income of the Council already derived from, and to be derived from, the Waitara Endowment Land, including sale proceeds, plus earnings on that income

agreed Council option property means a Council option property for which the transfer requirements under a Council agreement have been met

agreed Council purchase property means a Council purchase property for which the transfer requirements under a Council agreement have been met

annual plan has the same meaning as in section 5(1) of the Local Government Act 2002

annual report means an annual report delivered under section 67 of the Local Government Act 2002

Board means the Board established by section 37

Brown Road Land means the land described by that name in Part 3 of Schedule 3

Clifton Park means that part of the Vested Land described by that name in Part 2 of Schedule 3

Council means the New Plymouth District Council

Council agreement means an agreement between the Council and Te Kōwhatu Tū Moana for the transfer to Te Kōwhatu Tū Moana of—

(a)

a Council purchase property; or

(b)

a Council option property

Council option property means a Council-owned property, described in Part 4 of Schedule 3, in relation to which Te Kōwhatu Tū Moana has a future option under section 11 to accept transfer

Council purchase property means a Council-owned property, described in Part 3 of Schedule 3, that Te Kōwhatu Tū Moana has a right to purchase under section 10

Council transfer property means—

(a)

an agreed Council purchase property; or

(b)

an agreed Council option property

Crown agreement means an agreement between the Crown and Te Kōwhatu Tū Moana for the transfer of a Crown purchase property to Te Kōwhatu Tū Moana

Crown purchase property means a property described in Part 5 of Schedule 3

Crown transfer property means a Crown purchase property for which the transfer requirements under a Crown agreement have been met

Director-General has the same meaning as in section 2(1) of the Conservation Act 1987

East Beach River Mouth means that part of the Vested Land described by that name in Part 2 of Schedule 3

Former Borough Land means the land described in subparts 2, 3, and 4 of Part 1 of Schedule 3

Fund means the fund established by section 36

Hapū Land Fund means the fund established under section 43(1)(a)

interest, in relation to any land, means a covenant, easement, lease, licence, licence to occupy, tenancy, or other right or obligation affecting that land

lessee means the holder of a current registered lease of any of the Waitara Endowment Land, other than registered lease 6411893.1

LINZ means Land Information New Zealand

litigation with the lessees means all litigation relating to the Waitara Endowment Land subsequent to the decision of the Council regarding that land dated 30 March 2004, including (without limitation) the challenges to the Council decision by the Waitara Leaseholders Association Incorporated in the High Court, Court of Appeal, and Supreme Court and litigation by individual lessees against the Council

long-term plan has the same meaning as in section 5(1) of the Local Government Act 2002

lower catchment of the Waitara River means that portion of the Waitara River catchment that is identified as the lower catchment on SO 513923

Manukorihi Hapū Charitable Trust means the incorporated trust of that name created by trust deed dated 4 December 2018 and incorporated under the Charitable Trusts Act 1957, number 2723132

Portfolio Land means the land described in subpart 5 of Part 1 of Schedule 3

registered valuer has the same meaning as in section 2 of the Valuers Act 1948

sale proceeds means the net proceeds from the sale of the Council’s interests in any part of the Waitara Endowment Land

Te Kōwhatu Tū Moana means the incorporated charitable trust board of that name created by trust deed on 10 December 2018 by the Manukorihi Hapū Charitable Trust and incorporated under the Charitable Trusts Act 1957, number 2723472; and includes an incorporated trust or other incorporated body that is the successor to Te Kōwhatu Tū Moana

TRC means the Taranaki Regional Council

Vested Land means the land described in Part 2 of Schedule 3 and comprises Clifton Park, East Beach River Mouth, and West Beach

Waitara means the area described in Schedule 1 and includes any additional area that may be added by Order in Council made under section 63(1)

Waitara Endowment Land means,—

(a)

subject to paragraph (b), the land described in subparts 1 to 4 of Part 1 of Schedule 3:

(b)

in Part 3, subpart 2 of Part 4, and section 53, the land described in paragraph (a) and the Portfolio Land

Waitara hapū means Manukorihi hapū and Otaraua hapū of Te Atiawa (within the meaning of section 13 of the Te Atiawa Claims Settlement Act 2016)

Waitara Perpetual Community Fund means the fund established under section 43(1)(b)

Waitara River means—

(a)

the body of water known as the Waitara River that flows continuously or intermittently from its headwaters to the mouth of the Waitara River on the Tasman Sea and that is located within the Waitara River catchment; and

(b)

all tributaries, streams, and other natural watercourses that flow continuously or intermittently into the body of water referred to in paragraph (a) and that are located within the Waitara River catchment; and

(c)

all lakes and wetlands connected continuously or intermittently with the bodies of water referred to in paragraphs (a) and (b) and all tributaries, streams, and other natural watercourses that flow continuously or intermittently into those lakes and wetlands; and

(d)

the beds of the bodies of water referred to in paragraphs (a) to (c)

Waitara River catchment means the catchment of the Waitara River, being the area so identified on SO 513923

Waitara River Committee means the committee established under section 32

West Beach means that part of the Vested Land described by that name in Part 2 of Schedule 3.

(2)

For the purposes of the definition of Waitara, to the extent that the area map in Schedule 1 is inconsistent with the description of Waitara in that schedule, the description prevails.

(3)

The names by which areas of land are described in this Act (for example, Brown Road Land, East Beach River Mouth, Ranfurly Park, and Waitara Endowment Land) may be used in any other enactment, instrument, or document to refer to the land they describe in this Act, but are not required to be so used.

5 Requirement in relation to decisions

(1)

In making decisions under this Act, the Council and TRC must take into account the relationship of the Waitara hapū and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna, and other taonga in Waitara and in relation to the Waitara River.

(2)

Subsection (1) does not affect the performance or exercise of any function, duty, or power by the Council or TRC under any other enactment or TRC’s responsibilities to other iwi and hapū in relation to the Waitara River.

6 Act binds the Crown

This Act binds the Crown.

Part 2 Provisions relating to various land

Subpart 1—Waitara Endowment Land freed from trusts and restrictions

7 Waitara Endowment Land and income and proceeds freed from trusts, reservations, and endowments, but subject to existing interests

(1)

The fee simple estate in the Waitara Endowment Land remains vested in the Council, but—

(a)

free of any trusts or restrictions imposed by the Waitara Borough Reserves Vesting Act 1909 or the Waitara Harbour Act 1940 and all other express or implied trusts, reservations, or endowments; and

(b)

subject to or with the benefit of all interests existing in respect of the Waitara Endowment Land immediately before the commencement of this Act.

(2)

All accumulated and future income generated from the Waitara Endowment Land is free of any trusts imposed by the Waitara Borough Reserves Vesting Act 1909 or the Waitara Harbour Act 1940 and all express or implied trusts, reservations, or endowments, other than those imposed by this Act.

(3)

Subsection (1)(a) does not affect the application of the Reserves Act 1977.

(4)

Sections 140 and 141 of the Local Government Act 2002 do not apply to the Waitara Endowment Land or to any accumulated and future income.

(5)

Sections 40 to 42 of the Public Works Act 1981 do not apply in relation to the vesting or transfer of any Waitara Endowment Land under section 8, 9, or 12 or Part 3 of this Act.

Subpart 2—Vested Land

8 Vesting of Vested Land

(1)

The reservation of any part of Clifton Park as a recreation reserve subject to the Reserves Act 1977 is revoked.

(2)

The fee simple estate in the Vested Land vests in Te Kōwhatu Tū Moana.

(3)

That fee simple estate is vested subject to, or with the benefit of, all existing interests and any applicable resource consents.

(4)

In the case of the Crown-owned portion of Clifton Park (Section 2 SO Plan 495472, see Part 2 of Schedule 3), the Council must pay the Crown fair market value for the land on or before the vesting under subsection (2).

(5)

Each of the following parts of the Vested Land is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977:

(a)

Clifton Park:

(b)

East Beach River Mouth:

(c)

West Beach.

(6)

Any improvements in or on the Vested Land do not vest in Te Kōwhatu Tū Moana, despite the vesting under subsection (2).

(7)

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under subsection (1), of the reserve status of part of Clifton Park.

9 Land adjacent to West Beach may also be vested

(1)

This section applies to each of the following areas of land if at any time the Council is the registered owner of the fee simple estate in the land and there is no leasehold estate in that land:

(a)

Section 10 SO 496323:

(b)

Section 11 SO 496323.

(2)

The fee simple estate in the land vests in the registered owner of West Beach, subject to, or with the benefit of, all interests and any applicable resource consents that exist at the time of vesting.

(3)

The land—

(a)

is declared a reserve and classified under the Reserves Act 1977 with the same classification as for the reserve over West Beach (the existing reserve) at the time of the vesting under subsection (2); and

(b)

forms part of the existing reserve.

(4)

Any improvements in or on the land—

(a)

that are owned by the Council at the time of vesting may vest in the person in whom the land is vested under subsection (2), in accordance with any agreement between the Council and that person:

(b)

that are not owned by the Council at the time of vesting do not vest in the person in whom the land is vested under subsection (2).

(5)

Sections 18, 19, 20, 53, and 55(7) apply to the land as if the land were Vested Land vested under section 8(2) and declared a reserve under section 8(5).

(6)

The Registrar-General of Land must, on written application by a person authorised by the chief executive of the Council,—

(a)

register as the owner of the fee simple estate in the land the person named in the application as the person in whom the land has vested under subsection (2); and

(b)

record on the record of title that the land is subject to sections 18 and 19; and

(c)

record any other entry on the record of title and do anything else necessary to give effect to this Act.

(7)

An application under subsection (6) must be made as soon as is reasonably practicable after a vesting under subsection (2).

Subpart 3—Future transfer of property

Council transfer properties

10 Agreement to purchase Council purchase property

(1)

Te Kōwhatu Tū Moana may, at any time, notify the Council in writing of its interest in purchasing a Council purchase property.

(2)

The purchase price for the property agreed by the Council and Te Kōwhatu Tū Moana must be based on a fair market valuation.

(3)

If Te Kōwhatu Tū Moana decides to purchase the property, the Council and Te Kōwhatu Tū Moana must enter an agreement to transfer the property to Te Kōwhatu Tū Moana on the terms specified in the agreement.

(4)

The parties must enter into the agreement as soon as is reasonably practicable and use their best endeavours to reach agreement on reasonable terms.

(5)

The agreement must provide for the acknowledgement and protection of any existing infrastructure and services (whether or not owned by the Council), including protection by registrable interest if required by the Council.

(6)

If the parties cannot agree on the purchase price, they must submit the issue to a suitably qualified valuation arbitrator.

(7)

The purchase price determined by arbitration under subsection (6) is the price of the property for the purposes of this section, but Te Kōwhatu Tū Moana is not obliged to complete the purchase if not satisfied with the price determined by arbitration.

(8)

The Arbitration Act 1996 applies to an arbitration under this section, subject to the following:

(a)

any arbitrator appointed must be a registered valuer:

(b)

the parties must appoint a single arbitrator, if they can agree on a single arbitrator:

(c)

the parties must each appoint an arbitrator, if they cannot agree on a single arbitrator:

(d)

if 2 arbitrators are appointed but they cannot agree on the purchase price, the arbitrators must appoint an umpire to value the property.

(9)

Subsections (2) and (5) to (8) do not apply to the Brown Road Land (see section 14).

11 Agreement to transfer Council option property

(1)

Te Kōwhatu Tū Moana may, at any time, notify the Council in writing of its interest in accepting transfer of a Council option property at no cost.

(2)

If Te Kōwhatu Tū Moana decides to accept the transfer of the property, the Council and Te Kōwhatu Tū Moana must enter into an agreement to transfer the property to Te Kōwhatu Tū Moana at no cost on the terms specified in the agreement.

(3)

The parties must use their best endeavours to reach agreement on reasonable terms and, as soon as is reasonably practicable, enter into the agreement.

(4)

The agreement must provide for the acknowledgement and protection of any existing infrastructure and services (whether or not owned by the Council), including protection by registrable interest if required by the Council.

12 Transfer of Council transfer property

(1)

This section applies to a property to which a Council agreement entered into under section 10 or 11 relates.

(2)

The chief executive of the Council (acting for and on behalf of the Council) is authorised—

(a)

to transfer the fee simple estate in the property to Te Kōwhatu Tū Moana; and

(b)

to take any other action that is necessary to give effect to the agreement.

(3)

A transfer under subsection (2)(a) is subject to all interests (registered and unregistered) in the property that exist at the time of the transfer.

(4)

The Council, in exercising the powers conferred by subsection (2), is not required to comply with any other enactment that would otherwise regulate, or apply to, the transfer.

13 Reserve status of certain Council transfer properties

(1)

This section applies to an agreed Council option property (other than the Brown Road Land) that is transferred to Te Kōwhatu Tū Moana under section 12.

(2)

The reservation of the following agreed Council option properties as reserves subject to the Reserves Act 1977 is revoked immediately before the transfer of the land takes effect:

(a)

Manukorihi Park:

(b)

Manukorihi Reserve:

(c)

Ranfurly Park property A:

(d)

Tangaroa Reserve.

(3)

Immediately after the transfer takes effect, the property is declared a reserve and classified as follows:

(a)

in the case of Memorial Park, as a local purpose (community buildings and uses) reserve under section 23 of the Reserves Act 1977:

(b)

in the case of Tangaroa Reserve, as a local purpose (esplanade) reserve under section 23 of the Reserves Act 1977:

(c)

in the case of any other agreed Council option property, as a recreation reserve under section 17 of the Reserves Act 1977.

(4)

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation of reserve status under subsection (2).

(5)

In subsections (2) and (3)(a), each of the named properties means the property described by that name in Part 4 of Schedule 3.

14 Brown Road Land

(1)

Despite section 10(2), the transfer value for the Brown Road Land is $1.

(2)

The Council may, at any time before the day that is 12 months after the Brown Road Land is transferred under section 12, request that the registered owner of the Brown Road Land grant the following:

(a)

a registrable easement in gross for a right to drain water shown as CE and CF on SO Plan 496323:

(b)

a registrable right of way easement in gross shown as CG on SO Plan 496323.

(3)

The registered owner must grant an easement referred to in subsection (2).

(4)

The permission of the Council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way in relation to the Brown Road Land while that land is owned by Te Kōwhatu Tū Moana.

Crown purchase properties

15 Agreement to purchase Crown purchase property

(1)

Te Kōwhatu Tū Moana may, at any time, notify the Director-General and the Council in writing of its interest in purchasing a Crown purchase property.

(2)

As soon as is reasonably practicable after receiving a notification under subsection (1),—

(a)

the Director-General must give Te Kōwhatu Tū Moana all material information (including encumbrances) that, to the best of the Director-General’s knowledge, is in records about the property held by the Crown; and

(b)

the chief executive of the Council must give Te Kōwhatu Tū Moana and the Director-General all material information (including encumbrances) that, to the best of the chief executive’s knowledge, is in records about the property held by the Council.

(3)

After providing disclosure under subsection (2), Te Kōwhatu Tū Moana and the Director-General may agree that they will each instruct (at their own cost) a registered valuer to provide a fair market valuation of the property on terms determined by the Director-General.

(4)

After obtaining the valuations, the parties must endeavour to reach written agreement on the purchase price of the property, which must not exceed the higher valuation or be less than the lower valuation.

(5)

If the parties cannot agree on the purchase price, they must submit the valuation of the property to a suitably qualified valuation arbitrator.

(6)

The parties must each pay half the costs of arbitration unless the arbitrator awards a different proportioning of costs as the result of a party’s unreasonable conduct.

(7)

The purchase price determined by arbitration is the price of the property for the purposes of this section, but neither party is obliged to complete the purchase if not satisfied with that price.

(8)

If the parties agree to proceed with the purchase, the Director-General (on behalf of the Crown) and Te Kōwhatu Tū Moana must use their best endeavours to reach agreement on reasonable terms and enter into an agreement to transfer the property to Te Kōwhatu Tū Moana as soon as is reasonably practicable.

16 Transfer of Crown purchase property

(1)

This section applies to give effect to a Crown agreement entered into under section 15.

(2)

The Director-General (acting for and on behalf of the Crown) is authorised—

(a)

to transfer the fee simple estate in the Crown transfer property to Te Kōwhatu Tū Moana; and

(b)

to take any other action that is necessary to give effect to the agreement.

(3)

A transfer under subsection (2)(a) is subject to all interests (registered and unregistered) in the property that exist at the time of the transfer.

(4)

A transfer under subsection (2)(a) does not include any improvements that exist on the land at the time of the transfer, and any such improvements remain the property of their respective owner.

(5)

The Crown, in exercising the powers conferred by subsection (2), is not required to comply with any other enactment that would otherwise regulate, or apply to, the transfer.

(6)

Subsection (5) is subject to section 54(2) and (3).

17 Reserve status of Crown transfer property

(1)

The reservation of a Crown transfer property as a reserve subject to the Reserves Act 1977 is revoked immediately before the transfer of the land takes effect.

(2)

Immediately after the transfer takes effect, the property is declared a reserve and classified as a recreation reserve under section 17 of the Reserves Act 1977.

(3)

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation of reserve status under subsection (1).

Subpart 4—Dealing with reserve status of various land

18 Reserve status of Vested Land and other reserve properties

(1)

While any Vested Land or any other reserve property remains a reserve subject to the Reserves Act 1977 (the reserve land), the reserve land is to be treated for all purposes (unless otherwise provided in this Act) as if it—

(a)

were vested in the Council under the Reserves Act 1977; and

(b)

had not vested in, or transferred to, Te Kōwhatu Tū Moana under section 8(2), 12, or 16.

(2)

Without limiting subsection (1),—

(a)

the Council is the administering body of the reserve land under the Reserves Act 1977 with all of the functions and obligations of an administering body; and

(b)

subject to section 20, the Council may exercise its powers as an administering body under the Reserves Act 1977 with respect to the reserve land; and

(c)

the Minister of Conservation has all the Minister’s functions, obligations, and powers under the Reserves Act 1977, and under any other enactment, as if the fee simple estate in the reserve land had not vested in, or transferred to, Te Kōwhatu Tū Moana but had remained vested in the Council; and

(d)

any interest in land affecting the reserve land at the date of its vesting under section 8(2) or transfer under section 12 or 16 applies as if the Council were the grantor, or the grantee, as the case may be, of the interest in respect of the reserve land; and

(e)

any interest in land affecting the reserve land must be dealt with for the purposes of registration as if the Council were the registered owner of the land; and

(f)

any interest (other than an interest in land) affecting the reserve land at the date of its vesting under section 8(2) or transfer under section 12 or 16 applies—

(i)

as if the Council were the grantor of the interest in respect of the reserve land; and

(ii)

until the interest expires or is terminated; and

(iii)

with any other necessary modifications; and

(iv)

despite any change in status of the land.

(3)

Despite subsection (2)(a), the administration of Pukekohe Domain must be undertaken jointly by the Council and Te Kōwhatu Tū Moana on terms and conditions agreed between them.

(4)

If the reserve status of any reserve land is revoked by the Minister of Conservation under section 24 of the Reserves Act 1977,—

(a)

section 25(2) of the Reserves Act 1977 applies to the revocation, but not the rest of section 25 of that Act; and

(b)

the land remains owned by Te Kōwhatu Tū Moana.

(5)

In this section, other reserve property means—

(a)

an agreed Council option property that is transferred under section 12; or

(b)

a Crown transfer property that is transferred under section 16.

(6)

No part of the reserve land may be exchanged for other land under section 15 of the Reserves Act 1977.

19 Dealing with reserve land

(1)

Te Kōwhatu Tū Moana must not—

(a)

transfer the fee simple estate in any reserve land to any person; or

(b)

mortgage, or give a security interest in, that land.

(2)

Despite subsection (1)(a), Te Kōwhatu Tū Moana may transfer the fee simple estate in reserve land to the successor to Te Kōwhatu Tū Moana if the instrument of transfer is accompanied by a certificate by the transferor or the transferor’s solicitor verifying that the transferee is the successor to Te Kōwhatu Tū Moana.

(3)

In this section, reserve land has the same meaning as in section 18.

20 Management of reserve land

(1)

The Council and Te Kōwhatu Tū Moana must enter into an agreement that—

(a)

provides for the Council to engage with Te Kōwhatu Tū Moana regarding all significant proposed decisions regarding the management and administration of reserve land; and

(b)

allows Te Kōwhatu Tū Moana to make proposals for the management and administration of that land.

(2)

Copies of the agreement must be maintained on the Council’s Internet site and at public premises of the Council in Waitara.

(3)

The Council and Te Kōwhatu Tū Moana, acting as if they were jointly the administering body for the reserve land, must—

(a)

prepare and review the management plan for the reserve land under section 41 of the Reserves Act 1977; and

(b)

consider any proposal to change the classification of any part of the reserve land under section 24 or 24A of the Reserves Act 1977.

(4)

Any management plan for the reserve land that exists before the agreement under subsection (1) is entered into remains in force until it is replaced by a plan prepared and reviewed under subsection (3)(a).

(5)

In this section, reserve land has the same meaning as in section 18.

Part 3 Rights to purchase and sell Waitara Endowment Land

21 Purpose of this Part

(1)

This Part provides for the sale and purchase of Waitara Endowment Land.

(2)

For land that is subject to a lease when this Act comes into force, this Part gives the lessee the right to purchase the fee simple estate.

(3)

For all land, this Part provides for the sale of the fee simple estate to a third party.

22 Lessee may purchase freehold

(1)

The rights and obligations of a lessee of any Waitara Endowment Land are not affected or altered by this Act.

(2)

In addition, a lessee of any Waitara Endowment Land has the right to purchase the fee simple estate in the land that is subject to the lease.

23 Purchase price and other terms and conditions

(1)

The price to be paid by a lessee exercising the right to purchase the fee simple estate in any Waitara Endowment Land is the unimproved value of the land on the date on which the lessee gives notice to the Council under section 24(1)(a).

(2)

If a lessee gives notice under section 24(1)(a) no later than 17 June 2020,—

(a)

the date of the notice under subsection (1) is taken to be the date on which this Act receives the Royal assent; and

(b)

the lessee is not liable to meet the costs of the Council referred to in section 24(1)(c).

(3)

Subsection (2)(a) does not apply if the lessee exercising the right to purchase elects that subsection (1) is to apply according to its terms.

(4)

The purchase price of the land is as determined—

(a)

by a registered valuer; or

(b)

by arbitration under section 25, if applicable.

(5)

The purchase is to be on any additional terms and conditions determined by the Council.

(6)

Additional terms and conditions may include payment by the lessee of—

(a)

any arrears of rent;

(b)

any costs incurred by the Council as a consequence of any breach of the lease by the lessee.

24 Process for purchase of freehold by lessee

(1)

A lessee exercising the right to purchase the fee simple estate in any Waitara Endowment Land must—

(a)

give notice to the Council of the lessee’s intent to purchase; and

(b)

obtain, at the lessee’s expense, any necessary subdivision consent and consents under the Building Act 2004 and any other enactment; and

(c)

meet the costs, including the reasonable costs of the Council, in respect of the transfer.

(2)

Before the day that is 60 working days after receiving the notice from the lessee under subsection (1)(a), the Council must give notice to the lessee of the purchase price determined under section 23(4)(a).

25 Valuation of land for purposes of sale to lessee

(1)

If the lessee, after obtaining a valuation from a registered valuer, states on reasonable grounds that the purchase price determined under section 23(4)(a) is not the unimproved value of the land, the Council and lessee must submit the issue to a suitably qualified valuation arbitrator.

(2)

The purchase price determined by arbitration under subsection (1) is the purchase price of the land for the purposes of the proposed purchase by the lessee, but the lessee is not obliged to complete the purchase if not satisfied with the price determined by arbitration.

(3)

The Arbitration Act 1996 applies to an arbitration under this section, subject to the following:

(a)

any arbitrator appointed must be a registered valuer:

(b)

the Council and the lessee must appoint a single arbitrator, if they can agree on a single arbitrator:

(c)

the Council and the lessee must each appoint an arbitrator, if they cannot agree on a single arbitrator:

(d)

if 2 arbitrators are appointed but they cannot agree on the value of the land, the arbitrators must appoint an umpire to value the land.

26 Sale other than to lessee

(1)

This Part does not prevent the Council from entering into an agreement to sell the fee simple estate in any Waitara Endowment Land to a person other than the lessee (if any) of that land before the Council receives a notice from the lessee under section 24(1)(a).

(2)

Before selling the fee simple estate in any Waitara Endowment Land to any person other than the lessee of that land, the Council must seek and have particular regard to the views of the lessee (if any), Te Kōwhatu Tū Moana, and, in relation to that part of the Waitara Endowment Land that is described in subpart 1 of Part 1 of Schedule 3, TRC.

(3)

If a party whose views are sought under subsection (2) fails to provide its views before the day that is 30 working days after the date on which they were sought, the Council may proceed with the proposed sale on the basis that the party has no views on the matter.

(4)

If the Council proposes to sell the fee simple estate in any Waitara Endowment Land to a person other than the lessee (if any) of that land, the Council must first offer to sell the fee simple estate to Te Kōwhatu Tū Moana at the fair market value of the land.

(5)

An offer under subsection (4) must include—

(a)

the terms of the offer, including its expiry date (which must be no less than 60 working days after the date of the offer); and

(b)

the legal description of the land, including any interests affecting it and the reference for any record of title for the land; and

(c)

the street address for the land (if applicable); and

(d)

a street address, postal address, and electronic address for Te Kōwhatu Tū Moana to give notices to the Council in relation to the offer.

(6)

The Council may, by notice to Te Kōwhatu Tū Moana, withdraw an offer under subsection (4) at any time before it is accepted.

(7)

If the Council withdraws an offer under subsection (6), the Council must not sell the fee simple estate in the land to any person other than the lessee (if any).

(8)

A sale to a person other than the lessee (if any) does not become unconditional before the day that is 30 working days after the earlier of the following:

(a)

the day on which the offer to sell to Te Kōwhatu Tū Moana expires:

(b)

the day on which Te Kōwhatu Tū Moana rejects the offer in writing.

(9)

If the Council sells the fee simple estate in any Waitara Endowment Land under this section,—

(a)

section 22(2) continues to apply to the land; and

(b)

references to the Council in sections 23 to 25 must be read as references to the registered owner for the time being of the fee simple estate in the land.

27 Council’s rights and powers as local authority not affected

This Part does not prevent the Council from exercising its rights and powers as a local authority or lessor in respect of Waitara Endowment Land.

Part 4 Allocation of net rent and sale proceeds

Subpart 1—Outline of this Part

28 Allocation and management of accumulated and future income from Waitara Endowment Land

(1)

This Part provides for the allocation and management of accumulated and future income from Waitara Endowment Land.

(2)

Subpart 2 provides for the allocation of that income as follows:

(a)

accumulated income is allocated in accordance with section 29:

(b)

future income is allocated in accordance with section 30.

(3)

Subpart 3 provides for the expenditure of accumulated and future income allocated to TRC.

(4)

Subpart 4 provides for the management of—

(a)

accumulated income allocated to the Hapū Land Fund and the Waitara Perpetual Community Fund; and

(b)

future income allocated to the Council and then to the Hapū Land Fund or the Waitara Perpetual Community Fund.

(5)

In this Part,—

accumulated income means income derived from the Waitara Endowment Land before the commencement of this Act

future income means income derived from the Waitara Endowment Land on or after the commencement of this Act.

Subpart 2—Allocation of accumulated and future income

29 Allocation of accumulated income from Waitara Endowment Land

(1)

This section allocates the accumulated income.

(2)

The accumulated income is allocated as follows:

(a)

one-third of the accumulated income, less any historical hapū costs, is payable to the Hapū Land Fund:

(b)

half of the income that has been derived from that part of the Waitara Endowment Land that is described in subpart 1 of Part 1 of Schedule 3, less any historical TRC costs, is payable to TRC:

(c)

the balance of the accumulated income, less any historical Council costs that have not already been paid out of the accumulated income and remain outstanding on the commencement of this Act, is payable to the Waitara Perpetual Community Fund.

(3)

In this section,—

historical Council costs means the following actual and reasonable costs incurred by the Council:

(a)

legal costs relating to the litigation with the lessees (less any amounts received from the Council’s insurers in respect of it):

(b)

legal, valuation, and other costs relating to negotiations with the Crown and Te Atiawa regarding the Waitara Endowment Land:

(c)

costs, charges, disbursements, and expenses relating to consultation on, and the drafting, introduction, and enactment of, this Act

historical hapū costs means the costs incurred by the Waitara hapū relating to consultations and responses to drafts of, and proposals relating to, this Act before its enactment

historical TRC costs means the actual and reasonable legal costs paid or incurred by TRC in relation to the litigation with the lessees of the Waitara Endowment Land (less any amount received from TRC’s insurers in respect of it) and its costs, charges, disbursements, and expenses relating to consultation on, and the drafting, introduction, and enactment of, this Act.

30 Allocation of future income from Waitara Endowment Land

(1)

This section allocates future income.

(2)

Future income is allocated as follows:

(a)

future income attributable to the Former Borough Land and the Portfolio Land is payable to the Council; and

(b)

Council costs must be deducted from future income other than the future income referred to in paragraph (a); and

(c)

the balance of the future income is payable in equal shares to the Council and TRC.

(3)

If the Council’s costs for a year exceed the future income for that year, those costs may, to the extent that they exceed that income, be deducted from—

(a)

the future income of a subsequent year; or

(b)

the Fund, after consultation with the Board.

(4)

In this section, Council’s costs means the following actual and reasonable ongoing costs incurred by the Council on or after the commencement of this Act:

(a)

costs, charges, disbursements, and expenses relating to the administration of the Waitara Endowment Land:

(b)

legal, survey, and other internal and external costs for preparing the Waitara Endowment Land for sale in accordance with this Act, including Council staff time but not including costs payable by a lessee under section 24(1)(c):

(c)

legal, valuation, and other costs relating to the negotiating, documenting, and settling of the sale or transfer of any part of the Waitara Endowment Land to any person (not including costs payable by a lessee under section 24(1)(c)).

Subpart 3—Expenditure of TRC’s income

31 TRC duty to allocate accumulated and future income

(1)

TRC must apply the amounts allocated to it under subpart 2 (TRC income) in accordance with determinations made by the Waitara River Committee under section 33.

(2)

TRC must carry out all activities under this subpart in addition to, and not instead of, any other activities carried out by TRC in relation to the same or any related subject matter.

32 Establishment of Waitara River Committee

(1)

TRC must establish a standing committee of TRC called the Waitara River Committee.

(2)

The Waitara River Committee comprises—

(a)

5 members nominated by TRC; and

(b)

4 members nominated by the Waitara River Authorities who enter the agreement under subsection (4); and

(c)

1 member nominated by Te Kōwhatu Tū Moana, in recognition of the historical and continuing mana whenua exercised by the Waitara hapū in Waitara.

(3)

A person to whom clause 4(1)(c), (d), (e), (f), or (g) of Schedule 2 applies is not eligible to be a member of the Waitara River Committee.

(4)

TRC must take all reasonable steps to enter an agreement with the Waitara River Authorities to constitute the Waitara River Committee for the purposes of this subpart.

(5)

A Waitara River Authority that is not a party to the agreement under subsection (4) that first constitutes the Waitara River Committee may be added as a party to the agreement at a later time.

(6)

The name of the Waitara River Committee may be changed—

(a)

by the agreement under subsection (4); or

(b)

later, by the committee.

(7)

A change of name of the Waitara River Committee under subsection (6) has effect as changed, and any reference to the Waitara River Committee in this Act or in any other enactment, instrument, or document is to be treated as a reference to the committee by its new name.

(8)

The agreement under subsection (4) must not be inconsistent with any enactment that applies to TRC or to a Waitara River Authority.

(9)

TRC must delegate to the Waitara River Committee all of TRC’s powers that TRC considers necessary to enable the committee to perform the committee’s functions.

(10)

Schedule 2 applies to the Waitara River Committee—

(a)

subject to this section; and

(b)

as if—

(i)

a reference to the Board were a reference to the Waitara River Committee; and

(ii)

a reference to the Council were a reference to TRC; and

(iii)

a reference to Te Kōwhatu Tū Moana were a reference to the Waitara River Authorities who enter the agreement under subsection (4); and

(c)

as if a reference to the Fund were a reference to the TRC income; and

(d)

with any other necessary modifications.

(11)

To the extent that the procedures of the Waitara River Committee are not prescribed by Schedule 2, they may be determined by the committee.

(12)

Despite clause 4(3) of Schedule 2, if there is a vacancy in the membership of the Waitara River Committee, the committee must not perform any function until the vacancy is filled.

(13)

The Waitara River Committee may be discharged only if TRC and all Waitara River Authorities who are parties to the agreement at the relevant time are satisfied that to do so is appropriate.

(14)

In this section,—

iwi authority means the authority that represents an iwi and that is recognised by that iwi as having authority to do so

Waitara River Authority means an iwi authority that—

(a)

exercises historical and continuing mana whenua in an area within the Waitara River catchment; and

(b)

is 1 or more of the following in relation to the Waitara River catchment:

(i)

a mandated iwi organisation within the meaning of section 5 of the Maori Fisheries Act 2004:

(ii)

either—

(A)

the iwi or any other collective of individuals nominated in an Act of Parliament to receive redress in the settlement of Treaty of Waitangi claims; or

(B)

an entity that represents that iwi or collective under that Act:

(iii)

a body that has been confirmed by the Crown as holding a mandate for the purpose of negotiating Treaty of Waitangi claims and that is in the process of negotiating those claims with the Crown.

33 Functions of Waitara River Committee

(1)

The functions of the Waitara River Committee are—

(a)

to determine the amounts and purposes of distributions of 70% of the TRC income toward the restoration, protection, and enhancement of the environmental, cultural, and spiritual health and well-being of the Waitara River and the Waitara River catchment:

(b)

to determine the amounts and purposes of distributions of 30% of the TRC income toward any matter in Waitara or in the lower catchment of the Waitara River:

(c)

to make a determination under subsection (5):

(d)

to establish a subcommittee to make recommendations under section 34:

(e)

to engage with that subcommittee for the purposes of subsection (7).

(2)

Without limiting subsection (1)(a), the ways in which the restoration, protection, and enhancement of the environmental, cultural, and spiritual health and well-being of the Waitara River and the Waitara River catchment can be pursued include building the capacity and capability of the Waitara River Authorities to pursue those purposes.

(3)

For the purpose of performing its functions, the Waitara River Committee must—

(a)

have regard to the long-term use of the TRC income to pursue the purposes set out in subsection (1)(a) and (b) for present and future generations; and

(b)

so far as is reasonably practicable, notify TRC each year of the determinations under subsection (1)(a) and (b) that the committee proposes to make during the year.

(4)

Subsection (5) applies if the Waitara River Committee is satisfied that—

(a)

it is impracticable to apply any amount for any purpose set out in subsection (1)(a); or

(b)

it is unnecessary to apply any amount for any purpose set out in subsection (1)(a) due to the positive state of the environmental, cultural, and spiritual health and well-being of the Waitara River and the Waitara River catchment.

(5)

The Waitara River Committee may determine that TRC—

(a)

accumulate amounts of TRC income until a purpose set out in subsection (1)(a) arises; or

(b)

apply the amounts—

(i)

for the purpose of the Lower Waitara River Flood Control Scheme; or

(ii)

if expenditure under subparagraph (i) is impracticable, for a purpose that benefits the Waitara community or any part of the Waitara community; or

(iii)

if expenditure under subparagraphs (i) and (ii) is impracticable, for non-commercial purposes that benefit the Taranaki community generally, including the Waitara community.

(6)

The functions of the Waitara River Committee may be performed only in relation to matters that are within the role and responsibilities of TRC under the Local Government Act 2002 or any other enactment.

(7)

Before making a determination under subsection (1)(b), the Waitara River Committee must have particular regard to the recommendations of the subcommittee established under section 34.

(8)

For the purposes of subsection (7), if the Waitara River Committee proposes to make a determination that is not in accordance with a recommendation of the subcommittee, the Waitara River Committee must—

(a)

notify the subcommittee in writing of its proposed determination and the reasons for that proposed determination; and

(b)

invite the subcommittee to make an oral or a written submission in support of its recommendation and in response to the notification; and

(c)

consider any submission made by the subcommittee; and

(d)

make a determination; and

(e)

notify the subcommittee in writing of the determination and the reasons for that determination.

(9)

The only members of the Waitara River Committee who may consider and vote on a determination under subsection (1)(b) are—

(a)

the member or members nominated by the Waitara River Authorities that—

(i)

are parties to the agreement under section 32(4); and

(ii)

are iwi of Taranaki within the meaning of section 75 of the Te Atiawa Claims Settlement Act 2016; and

(b)

an equal number of members nominated by TRC.

(10)

By way of example only, and not a limitation, a distribution is to be treated as being within the role and responsibilities of TRC under the Local Government Act 2002 for the purposes of subsection (1)(b) or (5)(b)(ii) or (iii) if it would contribute to any of the following matters that are within that role and those responsibilities at the relevant time:

(a)

the planning of land and coast restoration and management:

(b)

economic development planning:

(c)

the planning of transport infrastructure development:

(d)

civil defence and emergency preparedness, including marae preparedness planning:

(e)

natural hazards risk management:

(f)

protection of cultural heritage and biodiversity:

(g)

the development of Waitara hapū planning documents that are relevant to TRC’s functions:

(h)

the development of an enduring relationship between Waitara hapū and TRC.

34 Waitara River Committee to establish subcommittee

(1)

The Waitara River Committee must establish a subcommittee for the purposes of this subpart.

(2)

The subcommittee comprises 4 members nominated by Te Kōwhatu Tū Moana.

(3)

A person to whom clause 4(1)(c), (d), (e), (f), or (g) of Schedule 2 applies is not eligible to be a member of the subcommittee.

(4)

The function of the subcommittee is to make recommendations to the Waitara River Committee in relation to determinations to be made under section 33(1)(b).

(5)

In making recommendations, the subcommittee must have regard to the long-term use of that portion of the TRC income that is referred to in section 33(1)(b) to pursue the purposes set out in that provision for present and future generations.

(6)

Schedule 2 applies to the subcommittee—

(a)

subject to this section; and

(b)

as if—

(i)

a reference to the Board were a reference to the subcommittee; and

(ii)

a reference to the Council were a reference to TRC; and

(iii)

the references to the Fund in clauses 10(4) and 11(1) were references to the TRC income; and

(c)

with any other necessary modifications.

(7)

To the extent that the procedures of the subcommittee are not prescribed by Schedule 2, they may be determined by the subcommittee.

(8)

Despite clause 4(3) of Schedule 2, if there is a vacancy in the membership of the subcommittee, the subcommittee must not perform any function until the vacancy is filled.

(9)

TRC must delegate to the subcommittee all of TRC’s powers that TRC considers necessary to enable the subcommittee to perform the subcommittee’s functions.

35 TRC’s annual plan, long-term plan, and annual report

(1)

TRC must ensure that long-term plans, annual plans, and annual reports prepared by TRC under the Local Government Act 2002 provide, as appropriate, for—

(a)

the funds allocated to TRC under section 29;

(b)

TRC’s expenditure and other activities under this subpart, including—

(i)

distributions from the TRC income; and

(ii)

activities and administration costs relating to the Waitara River Committee; and

(c)

recommendations made by the subcommittee of the Waitara River Committee for distributions to be determined under section 33(1)(b); and

(d)

details of any notification, submission, and determination (including reasons) under section 33(8).

(2)

Nothing in this section requires TRC to amend its annual plan or its long-term plan that was in force immediately before the commencement of this Act.

Subpart 4—Expenditure of Council’s income

36 Establishment and investment of Fund

(1)

The Council must establish and maintain a fund (the Fund) comprising—

(a)

all accumulated and future income allocated to the Council under subpart 2; and

(b)

all accumulations derived from any such income (after deduction of Council costs within the meaning of section 30(4)).

(2)

All money held in the Fund must be administered and allocated by the Council in accordance with this subpart.

(3)

Income referred to in subsection (1) and income from investment of the Fund is derived by the Council in its capacity as a local authority, and the Council is not a trustee in respect of the income or the Fund.

37 Establishment of Board

(1)

The Board is established as a statutory body.

(2)

The Board is subject to the Local Government Official Information and Meetings Act 1987 and the Public Records Act 2005, but the Board is not a committee of the Council or a council organisation.

(3)

The Board may choose to name itself and may change its name at any time.

(4)

The name of the Board, as chosen or changed under subsection (3), has effect as chosen or changed, and any reference to the Board in this Act or in any other enactment, instrument, or document is to be treated as a reference to the Board by its name as chosen or changed.

(5)

The Auditor-General is the auditor of the Board and the Fund.

38 Functions and powers of Board

(1)

The functions of the Board are—

(a)

to make recommendations to the Council concerning—

(i)

the Council’s investment policy for the Waitara Perpetual Community Fund (including recommendations about addressing the matters specified in section 105 of the Local Government Act 2002 for the purposes of section 50(1)(b)); and

(ii)

the policy for determining the amount of annual releases from the Waitara Perpetual Community Fund:

(b)

to determine distributions from the annual release from the Waitara Perpetual Community Fund for each financial year:

(c)

to perform any other functions that may be conferred on it by this Act.

(2)

The Board must, before the day that is 9 months after the end of each financial year of the Council, provide to the Council its determinations of the distribution from the annual release from the Waitara Perpetual Community Fund for that financial year.

(3)

The Board need not determine the distribution of all of the annual release for any year and, to the extent that an annual release is not distributed, it remains part of the Waitara Perpetual Community Fund.

(4)

The Board has all the powers necessary to enable it to perform its functions, but must not—

(a)

acquire, hold, or dispose of money or property; or

(b)

borrow any money; or

(c)

purport to lend money or provide any other financial accommodation, indemnity, or guarantee; or

(d)

enter into contracts; or

(e)

employ any person; or

(f)

willingly be a party to any legal proceedings.

39 Membership of Board

(1)

The Board comprises—

(a)

3 members appointed by Te Kōwhatu Tū Moana (who may, but need not, be trustees or employees of Te Kōwhatu Tū Moana); and

(b)

3 members appointed by the Council (who may, but need not, be elected members or employees of the Council).

(2)

Te Kōwhatu Tū Moana and the Council (the appointers) must,—

(a)

in the case of the initial appointments of members of the Board,—

(i)

make the appointments before the first meeting of the Board; and

(ii)

notify each other in writing of the appointments; and

(b)

in the case of any subsequent appointment of a member to the Board, notify the Board in writing of the appointment and provide a copy of the notice to each other as soon as is reasonably practicable.

(3)

Before making an appointment, the appointer must consult the other appointer.

(4)

In making an appointment, the appointer must take into account the need for the Board members to collectively possess the skills, knowledge, and experience, and the understanding of the Waitara community, that are relevant to the purpose and functions of the Board.

(5)

A person to whom clause 4(1)(c), (d), (e), (f), or (g) of Schedule 2 applies is not eligible for appointment to the Board.

40 Membership of Board when appointments not made on time

(1)

If an appointer does not make initial appointments of members of the Board under section 39 by 17 June 2019, the other appointer may make the outstanding appointments.

(2)

If an appointer does not make any subsequent appointment under section 39 by the day that is 3 months after the relevant vacancy occurs, the other appointer may make the appointment.

(3)

If the Council appoints a member of the Board under this section, Schedule 2 applies as if the Council were the appointer of that member under section 39.

(4)

If Te Kōwhatu Tū Moana appoints a member of the Board under this section, Schedule 2 applies as if Te Kōwhatu Tū Moana were the appointer of that member under section 39.

41 Council obligations to Board

(1)

The Council must provide adequate administration and operating services to the Board and meet the Board’s expenses to the extent contemplated by clauses 10 and 11 of Schedule 2.

(2)

The Council must provide the Board with a statement of the amount of the annual release from the Waitara Perpetual Community Fund before the day that is 3 months after the end of each financial year.

42 Administration and operation of Board

(1)

The Council and Te Kōwhatu Tū Moana must adopt terms of reference for the Board to provide for the following matters:

(a)

the calling of and quorum for meetings of the Board:

(b)

how the Board will be administered:

(c)

the procedure relating to meetings of the Board, decision making by the Board, and dispute resolution, and procedures for the Board to refer applications for distributions to the Council for comment:

(d)

how the costs of administering and operating the Board will be approved and met, including the commissioning and costs of any advice to be sought by the Board:

(e)

how applications for distributions from the annual release will be sought and considered:

(f)

how the Board will engage in consultation with the Waitara community regarding issues of importance to the Waitara community as required by section 48(2).

(2)

The terms of reference may be amended by agreement between the Council and Te Kōwhatu Tū Moana.

(3)

The further provisions relating to the Board set out in Schedule 2 have effect according to their terms.

(4)

The terms of reference must not be inconsistent with Schedule 2.

(5)

The Council must ensure that the terms of reference—

(a)

are published on the Council’s Internet site; and

(b)

are available for inspection at premises of the Council in Waitara.

(6)

To the extent that the procedures of the Board are not prescribed by the terms of reference, or Schedule 2, they may be determined by the Board.

43 Establishment of Hapū Land Fund and Waitara Perpetual Community Fund

(1)

The Council must, for the purposes of this subpart, establish within the Fund—

(a)

a Hapū Land Fund; and

(b)

a Waitara Perpetual Community Fund.

(2)

The Council must allocate to each subfund 50% of the money paid into the Fund under section 36(1)(a).

(3)

All accumulations derived from a subfund are a part of the subfund.

44 Hapū Land Fund

(1)

The Hapū Land Fund must be established and administered for the purpose of contributing to the return of land in or adjacent to Waitara to the Waitara hapū.

(2)

The Hapū Land Fund comprises—

(a)

the accumulated income allocated to it under section 29(2)(a); and

(b)

money allocated to it under section 43(2).

(3)

Money in the Hapū Land Fund must be applied only to—

(a)

carrying out the following actions for the benefit of the Waitara hapū in relation to land in or adjacent to Waitara:

(i)

the purchase of land or interests in land:

(ii)

the development of land:

(iii)

the management of interests in land; and

(b)

reimbursing the Council for purchases made under section 51; and

(c)

paying the costs incurred by Te Kōwhatu Tū Moana in administering the Hapū Land Fund.

(4)

A distribution from the Hapū Land Fund must not involve private profit or gain for an individual, except to the extent that the profit or gain is incidental to the principal purpose or purposes of the distribution.

(5)

The Council may abolish the Hapū Land Fund if—

(a)

the Hapū Land Fund has held no funds for a continuous period of 2 years; and

(b)

the Board and Te Kōwhatu Tū Moana are satisfied that the Hapū Land Fund will not receive any further income.

(6)

After the Hapū Land Fund is abolished, the Council must allocate all money paid into the Fund under section 36(1) to the Waitara Perpetual Community Fund.

45 Te Kōwhatu Tū Moana’s role in administering Hapū Land Fund

(1)

Te Kōwhatu Tū Moana has the following functions in the administration of the Hapū Land Fund:

(a)

to determine the amounts and purposes of distributions from the Hapū Land Fund; and

(b)

to make recommendations to the Council concerning the Council’s investment policy for the Hapū Land Fund (including recommendations about addressing the matters specified in section 105 of the Local Government Act 2002 for the purposes of section 50(1)(a)).

(2)

Any interest in any land purchased in accordance with a recommendation of Te Kōwhatu Tū Moana must be registered in the name of Te Kōwhatu Tū Moana.

46 Waitara Perpetual Community Fund

(1)

The Waitara Perpetual Community Fund must be established and administered for the purpose of benefiting the Waitara community or any part of the Waitara community by the scheme of annual releases under sections 47 to 49.

(2)

Money in the Waitara Perpetual Community Fund must be applied only to—

(a)

the operation of the scheme of annual releases; and

(b)

paying the following costs of the Board:

(i)

costs incurred in operating the scheme:

(ii)

the costs of the Board under clause 11 of Schedule 2.

47 Determination of amount of annual release from Waitara Perpetual Community Fund

(1)

The Council must determine the amount of the annual release from the Waitara Perpetual Community Fund for each financial year in accordance with the policy referred to in subsection (2).

(2)

The Council’s policy for determining the amount of the annual release must be set out in the Council’s long-term plan and must—

(a)

have the objective of maintaining or increasing the real value of the capital of the Waitara Perpetual Community Fund; and

(b)

take into account the recommendation of the Board under section 38(1)(a)(ii) on the policy for determining the amount of annual releases.

(3)

Nothing in subsection (2) requires the Council to amend its long-term plan that was in force immediately before the commencement of this Act.

48 Purposes for which annual release may be distributed

(1)

An annual release from the Waitara Perpetual Community Fund must be distributed only for the purpose referred to in section 46(1).

(2)

To assist with the distribution of the annual release from the Waitara Perpetual Community Fund, the Board must assess issues of importance to the Waitara community or a part of the Waitara community (including social, economic, cultural, and environmental issues) in consultation with the Waitara community at intervals of no more than 3 years, with the first such assessment to be commenced no later than 17 June 2019.

(3)

By way of example only, and not limitation, for the purposes of this section, a distribution is for the benefit of the Waitara community or a part of the Waitara community if it will encourage or enable—

(a)

community self-reliance, capacity building, and stability; or

(b)

opportunities for social, recreational, civic, or cultural participation or for reducing or overcoming barriers to such participation; or

(c)

community or environmental health; or

(d)

development or preservation of arts, culture, heritage, or community identity; or

(e)

sports or recreation; or

(f)

a greater understanding of the relationship that the Waitara hapū have with Waitara; or

(g)

a greater understanding of the role of Waitara in the New Zealand land wars.

(4)

A distribution must not involve private profit or gain for an individual, except to the extent that the profit or gain is incidental to the principal purpose or purposes of the distribution (such as a prize, scholarship, or sponsorship).

(5)

The Board may—

(a)

commit to funding an activity that meets the requirements of this section from the annual release over more than one financial year; and

(b)

commit the Waitara Perpetual Community Fund to making, repaying, or underwriting a loan to enable funding of an activity that meets the requirements of this section for a distribution from the Fund.

(6)

The total value of commitments under subsection (5) must not exceed 50% of future annual releases forecast by the Council for the period of the funding or loan.

(7)

Distributions that comply with this section may be made to the Council or Te Kōwhatu Tū Moana, or to entities controlled by either of them.

49 Process for distributions from Fund

The Council must—

(a)

cause the amount of any distribution to be paid in accordance with a determination made under section 38(1)(b) or 45(1)(a) and any terms and conditions attached to the determination; and

(b)

notify in writing the person to whom the distribution is to be paid of any terms or conditions attached to the distribution; and

(c)

publish the distribution, and any terms and conditions, on the Council’s Internet site and in its annual report and make it available for inspection at public premises of the Council in Waitara.

50 Investment of Hapū Land Fund and Waitara Perpetual Community Fund

(1)

The Council’s investment policy under section 105 of the Local Government Act 2002 must separately address the matters specified in that section in respect of—

(a)

the investment of the Hapū Land Fund:

(b)

the investment of the Waitara Perpetual Community Fund.

(2)

Before adopting the investment policy for the Waitara Perpetual Community Fund, the Council must have particular regard to the recommendations made by the Board under section 38(1)(a)(i).

(3)

In addition, before adopting the investment policy for the Hapū Land Fund, the Council must have particular regard to the recommendations made by Te Kōwhatu Tū Moana under section 45(1)(b).

51 Provision of further land to Te Kōwhatu Tū Moana

(1)

The Council may, at the request of Te Kōwhatu Tū Moana and subject to complying with its obligations under this Act and any other enactment,—

(a)

fund the purchase for Te Kōwhatu Tū Moana of any interest in land in or adjacent to Waitara; or

(b)

fund the transfer to Te Kōwhatu Tū Moana of any interest in land owned by the Council in or adjacent to Waitara and no longer required by the Council.

(2)

The Council must be reimbursed from the Hapū Land Fund for—

(a)

the price of a purchase under subsection (1)(a) or the market value of the land transferred under subsection (1)(b); and

(b)

the Council’s net related costs (including any holding costs).

(3)

If any amount is owing to the Council under subsection (2), the Council is entitled to 50% of all money paid or payable into the Hapū Land Fund until no reimbursement is owing.

(4)

The Council may decline any request under subsection (1) if it is reasonably satisfied, having regard to the amounts likely to be paid into the Hapū Land Fund, and any obligations of that Fund, that it is unlikely to be reimbursed under subsection (2) within a reasonable time.

(5)

In this section, interest in land includes an interest in Waitara Endowment Land or any other land to which this Act applies.

52 Council’s annual plan, long-term plan, and annual report

(1)

The Council must ensure that long-term plans, annual plans, and annual reports prepared by the Council under the Local Government Act 2002 provide, as appropriate, for—

(a)

the funds allocated to the Council under section 30:

(b)

the Council’s expenditure and other activities under this subpart, including—

(i)

distributions from the Hapū Land Fund and from annual releases from the Waitara Perpetual Community Fund; and

(ii)

activities and administration costs relating to the Board established under section 37 and Te Kōwhatu Tū Moana in its role administering the Hapū Land Fund:

(c)

the Council’s investment policy for the Waitara Perpetual Community Fund.

(2)

Nothing in this section requires the Council to amend its annual plan or its long-term plan that was in force immediately before the commencement of this Act.

Part 5 Miscellaneous

53 Application of Resource Management Act 1991

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

(a)

the vesting of the Vested Land under section 8; or

(b)

the transfer of a Council transfer property under section 12; or

(c)

the transfer of a Crown transfer property under section 16; or

(d)

any transfer of Waitara Endowment Land to a lessee under Part 3; or

(e)

any matter incidental to, or required to give effect to, any vesting or transfer contemplated by any of paragraphs (a) to (d).

54 Application of Conservation Act 1987 and Crown Minerals Act 1991

(1)

This section applies to—

(a)

the vesting of the fee simple estate in Section 2 SO Plan 495472 under section 8 (see Part 2 of Schedule 3, Vested Land—Clifton Park):

(b)

the transfer of a Crown transfer property under section 16.

(2)

The vesting or transfer does not—

(a)

limit section 10 or 11 of the Crown Minerals Act 1991; or

(b)

affect other rights to subsurface minerals.

(3)

The vesting or transfer is a disposition for the purposes of Part 4A (marginal strips) of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

(4)

However, section 24 of the Conservation Act 1987 does not apply to the transfer of the fee simple estate in a Crown transfer property under section 16.

(5)

If a reservation under section 17(2) is revoked for all or part of a Crown transfer property transferred under section 16, the transfer is no longer exempt from section 24 (except subsection (2A)) of the Conservation Act 1987 for all or that part of the property.

55 Registration of ownership and matters to be recorded on record of title for Vested Land

(1)

This section applies to the land vested under subpart 2 of Part 2.

(2)

For East Beach River Mouth, the Registrar-General of Land must, in accordance with a written application by an authorised person,—

(a)

register Te Kōwhatu Tū Moana as the owner of the fee simple estate in the land; and

(b)

record on the record of title that the land is subject to sections 18 and 19; and

(c)

record any other entry on the record of title and do anything else necessary to give effect to this Act.

(3)

Subsection (4) applies to each of the following:

(a)

Clifton Park:

(b)

West Beach.

(4)

The Registrar-General of Land must, in accordance with a written application by an authorised person,—

(a)

create a record of title for the fee simple estate in the land in the name of Te Kōwhatu Tū Moana; and

(b)

record on the record of title any interests that are registered, noted, or to be noted and that are described in the application.

(5)

The Registrar-General of Land must record on the record of title—

(a)

for Clifton Park—

(i)

that the land is subject to sections 18 and 19; and

(ii)

that Section 2 SO Plan 495472 (see Part 2 of Schedule 3, Vested Land—Clifton Park) is subject to Part 4A of the Conservation Act 1987; and

(b)

for West Beach that the land is subject to sections 18 and 19.

(6)

A notation on a record of title made in accordance with subsection (5)(a)(ii) is taken to comply with section 24D(1) of the Conservation Act 1987.

(7)

For Clifton Park, East Beach River Mouth, or West Beach, if the reservation of the land under section 8(5) is revoked for—

(a)

all of the land, the authorised person must apply in writing to the Registrar-General of Land to remove from the record of title for the land the notations that the land is subject to sections 18 and 19; or

(b)

part of the land, the Registrar-General of Land must ensure that the notations referred to in paragraph (a) remain on the record of title only for the part of the land that remains a reserve.

(8)

Subsection (4) is subject to the completion of any survey necessary to create a record of title.

(9)

A record of title must be created under this section as soon as is reasonably practicable, but not later than 17 March 2020.

(10)

In this section, authorised person means,—

(a)

for Clifton Park, a person authorised by the chief executive of the Council and a person authorised by the Director-General:

(b)

for other land, a person authorised by the chief executive of the Council.

56 Record of title for Council transfer properties

(1)

This section applies to each Council transfer property that is to be transferred to Te Kōwhatu Tū Moana under section 12.

(2)

However, this section applies only to the extent that the property is not all of the land contained in a record of title for a fee simple estate.

(3)

The Registrar-General of Land must, in accordance with a written application by a person authorised by the chief executive of the Council,—

(a)

create a record of title for the fee simple estate in the property in the name of the Council; and

(b)

record on the record of title any interests that are registered, noted, or to be noted and that are described in the application; but

(c)

omit any statement of purpose from the record of title.

(4)

Subsection (3) is subject to the completion of any survey necessary to create a record of title.

57 Record of title for Crown transfer properties

(1)

This section applies to each Crown transfer property that is to be transferred to Te Kōwhatu Tū Moana under section 16.

(2)

However, this section applies only to the extent that the property is not all of the land contained in a record of title for a fee simple estate.

(3)

The Registrar-General of Land must, in accordance with a written application by a person authorised by the Director-General,—

(a)

create a record of title for the fee simple estate in the property in the name of the Crown; and

(b)

record on the record of title any interests that are registered, noted, or to be noted and that are described in the application; but

(c)

omit any statement of purpose from the record of title.

(4)

Subsection (3) is subject to the completion of any survey necessary to create a record of title.

58 Registration requirements for certain properties

(1)

This section applies to a transfer of—

(a)

an agreed Council option property; or

(b)

a Crown transfer property.

(2)

The transfer instrument must include a statement that any record of title for the property must be noted in accordance with this section.

(3)

The Registrar-General of Land must, on registering the transfer, record on the record of title,—

(a)

for an agreed Council option property, that the land is subject to sections 18 and 19:

(b)

for a Crown transfer property,—

(i)

that the land is subject to sections 18, 19, and 54(5); and

(ii)

that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply.

(4)

A notation on a record of title made in accordance with subsection (3)(b)(ii) is taken to comply with section 24D(1) of the Conservation Act 1987.

(5)

If the reservation of an agreed Council option property under section 13(3) is later revoked and the revocation relates to—

(a)

all of the property, the Council must apply in writing to the Registrar-General of Land to remove from the record of title the notations that the land is subject to sections 18 and 19:

(b)

part of the property, the Registrar-General of Land must ensure that the notations that the land is subject to sections 18 and 19 remain on the record of title only for the part of the property that remains a reserve.

(6)

If the reservation of a Crown transfer property under section 17(2) is later revoked and the revocation relates to—

(a)

all of the property, the Director-General must apply in writing to the Registrar-General of Land to remove from the record of title the notations that—

(i)

the land is subject to sections 18, 19, and 54(5); and

(ii)

section 24 of the Conservation Act 1987 does not apply to the land:

(b)

part of the property, the Registrar-General of Land must ensure that the notations that the land is subject to sections 18, 19, and 54(5) remain on the record of title only for the part of the property that remains a reserve.

59 Right of purchase by lessee to be entered on records of title

(1)

As soon as is reasonably practicable after the commencement of this Act, the chief executive of the Council must give the Registrar-General of Land notice of any land that is subject to a right of purchase by a lessee under section 22.

(2)

The notice must include—

(a)

the reference for the record of title for the land; and

(b)

the reference for any record of title for the leasehold estate in the land; and

(c)

a statement that the notice is issued under subsection (1).

(3)

The Registrar-General of Land must, as soon as is reasonably practicable after receiving a notice under subsection (1), record on each record of title referred to in the notice that the land is subject to section 22.

(4)

Subsections (5) and (6) apply to the transfer to a lessee of the fee simple estate in the land that is subject to section 22.

(5)

The transfer instrument for the transfer must include a statement that the fee simple estate in the land is no longer subject to section 22.

(6)

The Registrar-General of Land must, upon registration of the transfer of the land, remove from any record of title for the land the notation that the land is subject to section 22.

(7)

If an amendment to Part 1 of Schedule 3 is made under section 63(2) that results in land becoming, or ceasing to be, subject to section 22, the chief executive of the Council must give notice to the Registrar-General of Land.

(8)

The notice must—

(a)

include the matters referred to in subsection (2)(a) and (b); and

(b)

specify whether the land is, or ceases to be, subject to section 22, as the case requires; and

(c)

include a statement that the notice is issued under subsection (7).

(9)

If the Registrar-General of Land receives a notice under subsection (7), he or she must, as the case requires,—

(a)

record on each record of title referred to in the notice that the land is subject to section 22; or

(b)

remove from each record of title referred to in the notice the notation that the land is subject to section 22.

60 Removal of notation from certain records of title

(1)

As soon as is reasonably practicable after the commencement of this Act, the chief executive of the Council must apply in writing to the Registrar-General of Land to remove from the record of title for any land described in Schedule 3, or any land subsequently included in Part 1 of Schedule 3 by an amendment under section 63(2),—

(a)

any notation that the land is subject to the Waitara Harbour Act 1940 or the Waitara Borough Reserves Vesting Act 1909:

(b)

any statement of purpose relating to an endowment to which section 7 applies.

(2)

The application must—

(a)

include the reference for the record of title for the land; and

(b)

specify any notation or statement of purpose to be removed.

(3)

The Registrar-General of Land must comply with an application received under subsection (1).

61 Requirements for giving notice

(1)

A notice under this Act must be—

(a)

in writing and signed by the person giving it; and

(b)

given by—

(i)

delivering it by hand to the recipient’s street address; or

(ii)

posting it to the recipient’s postal address; or

(iii)

sending it by electronic means such as email.

(2)

The notice may be given by electronic means if it is given with an electronic signature in accordance with section 226(1) of the Contract and Commercial Law Act 2017.

62 Time when notice received

(1)

A notice under this Act is treated as having been received—

(a)

at the time of delivery, if delivered by hand; or

(b)

on the fourth day after posting, if posted; or

(c)

at the time of transmission, if sent by electronic means.

(2)

However, a notice is treated as having been received on the next working day if, under subsection (1), it would be treated as having been received—

(a)

after 5 pm on a working day; or

(b)

on a day that is not a working day.

63 Power to amend schedules

(1)

The Governor-General may, by Order in Council, amend Schedule 1 by extending the area of Waitara.

(2)

The Governor-General may, by Order in Council, amend Part 1 of Schedule 3 for the purpose of—

(a)

correcting any misdescription or error in that schedule:

(b)

adding details of any land that has been omitted in error.

(3)

An Order in Council may be made under this section only on the recommendation of the Minister made in relation to a request for amendment by the Council.

(4)

The Council may request an amendment to be made under subsection (1) only if the Council has consulted Te Kōwhatu Tū Moana, the Board, and TRC.

(5)

The Council may request an amendment to be made under subsection (2)(b) only if—

(a)

the land is owned by the Council and was, immediately before this Act came into force, subject to the Waitara Borough Reserves Vesting Act 1909 or the Waitara Harbour Act 1940; and

(b)

any holder of a registered lease of the land has consented in writing to the Order in Council being made; and

(c)

the Council has consulted Te Kōwhatu Tū Moana and the Board (and TRC, if the land was subject to the Waitara Harbour Act 1940).

(6)

In this section, Minister has the same meaning as in section 5(1) of the Local Government Act 2002.

64 Repeals

The following enactments are repealed:

(b)

the Waitara Harbour Act 1940 (1940 No 6 (L)):

(c)

section 36 of the Local Legislation Act 1952:

(d)

in Schedule 5 of the Taranaki Harbours Board Empowering Act 1955, the item that relates to the Waitara Harbour Act 1940:

(e)

section 3 of the Reserves and Other Lands Disposal Act 1969:

(f)

subpart 3 of Part 3 of the Te Atiawa Claims Settlement Act 2016.

Amendments to other Acts

65 Income Tax Act 2007 amended

(1)

This section amends the Income Tax Act 2007.

(2)

After section CZ 34, insert:

CZ 35 Amounts derived by Te Kōwhatu Tū Moana
Exempt income

(1)

Income derived by Te Kōwhatu Tū Moana (the trust) is exempt income of the trustees and beneficiaries of the trust if it is derived by the trust in the 6-month period starting on 17 March 2019.

Meaning

(2)

In this section, Te Kōwhatu Tū Moana has the meaning given in section 4 of the New Plymouth District Council (Waitara Lands) Act 2018.

Defined in this Act: beneficiary, exempt income, income, month, trustee

66 Goods and Services Tax Act 1985 amended

(1)

This section amends the Goods and Services Tax Act 1985.

(2)

After section 78G, insert:

78H Land in Waitara vested in Te Kōwhatu Tū Moana to be zero-rated

(1)

On the day on which land in Waitara vests in Te Kōwhatu Tū Moana under subpart 2 of Part 2 of the New Plymouth District Council (Waitara Lands) Act 2018, the vesting is treated as being a taxable supply that is charged with tax at the rate of 0%.

(2)

In this section, Te Kōwhatu Tū Moana has the meaning given in section 4 of the New Plymouth District Council (Waitara Lands) Act 2018.

Schedule 1 Waitara defined

s 4(1)

Description of Waitara

Waitara consists of the following area units and meshblocks (as determined by Statistics New Zealand and described in the 2013 Census meshblock dataset):

Area units

551301—Waitara West

551302—Waitara East

Meshblocks

That part of meshblock 1550401, excluding that part east of Elliott Street North (paper road) and that part of Lot 2 DP 17091 that is north of Waihi Road (paper road)

That part of meshblock 1550503 that is bounded by Princess Street, Waipapa Road (paper road), Elliott Street South (both a paper road and a formed road), and Main North Road

That part of meshblock 1550503 that is bounded by Main North Road, Bayly Street, and Elliott Street North

That part of meshblock 1550800 that is north of Joll Street

1565300

That part of meshblock 1565600 that is north of Devon Road

Map of Waitara

Map of Waitara

Schedule 2 Further provisions relating to Board

ss 32, 34, 39, 40, 41, 42, 46

1 Term of appointment

(1)

Subject to this Act,—

(a)

a Te Kōwhatu Tū Moana member is appointed to the Board for a term not exceeding 3 years as may be specified by Te Kōwhatu Tū Moana:

(b)

a Council member is appointed to the Board for a term not exceeding 3 years as may be specified by the Council.

(2)

However, if a Council member is an elected member of the Council, the member is appointed until the close of the day before the members of the Council elected at the next triennial general election take office or such earlier date as is specified in the appointment.

(3)

Any member of the Board is eligible for reappointment.

2 Removal of Board member from office

(1)

A Board member may be removed from office by that member’s appointer.

(2)

If subclause (1) applies, the appointer must, before the day that is 10 working days after that removal,—

(a)

notify the Board in writing that the member has been removed from office; and

(b)

provide a copy of the notice to the other appointer.

3 Resignation of membership

A member may resign by giving written notice to the Board and his or her appointer.

4 Vacancies

(1)

A vacancy occurs if a member—

(a)

resigns or dies:

(b)

is removed from office by that member’s appointer:

(c)

is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, the Financial Markets Conduct Act 2013, or the Takeovers Act 1993:

(d)

is a person in respect of whom an order has been made under section 10, 11, 12, or 31 of the Protection of Personal and Property Rights Act 1988 that reflects adversely on the person’s—

(i)

competence to manage his or her own affairs in relation to his or her property; or

(ii)

capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare:

(e)

has been convicted of an offence punishable by imprisonment for a term of 2 years or more or of a crime involving dishonesty (within the meaning of the Crimes Act 1961), or has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person:

(f)

has been declared bankrupt and not discharged:

(g)

has been removed from office as a trustee by a court at any time during the 10 years before the member’s appointment to the Board or during the member’s term.

(2)

If a vacancy occurs, the relevant appointer must fill the vacancy as soon as is reasonably practicable.

(3)

A vacancy does not prevent the Board from continuing to perform its functions or exercise its powers.

5 Chairperson

(1)

The Board must appoint a member of the Board to be chairperson and may change the chairperson at any time.

(2)

Each chairperson has a term of one year, and the Board may not reappoint the existing chairperson unless all the members of the Board agree.

(3)

A chairperson who is reappointed may not hold that office for more than 3 years.

6 Alternate members

The Council and Te Kōwhatu Tū Moana may each appoint 1 or more alternate members, who may attend meetings and must be treated in all respects as members of the Board when a member of the Board appointed by them is absent or if a vacancy has arisen and not been filled.

7 Proceedings and actions of Board not invalidated by defect in appointment of member

No act or proceeding of the Board is invalid merely because—

(a)

there was a defect in the appointment of any person acting as a member of the Board; or

(b)

a person acting as a member of the Board was incapable of being, or had ceased to be, a member of the Board.

8 Decision making

(1)

The decisions of the Board must be made by consensus whenever possible, but if necessary may be made by vote at meetings or in accordance with the terms of reference.

(2)

In the event of an equality of votes, the chairperson does not have a casting vote.

9 Conflict of interest

(1)

Each member of the Board must disclose any actual or potential conflict of interest to the Board.

(2)

The Board must maintain an interests register.

(3)

A member of the Board is not precluded from discussing or voting on a matter merely because the member has an actual or potential conflict of interest, so long as the conflict has been disclosed before consideration of the matter.

10 Remuneration and expenses of Board members

(1)

Every member of the Board who is neither an elected member nor an employee of the Council is entitled to receive remuneration for services as a member of the Board at a rate determined by the Council having regard to the Board’s purpose and functions, fairness to the members of the Board and the Waitara community, and the Council’s remuneration policy for other entities.

(2)

No elected member or employee of the Council is entitled to receive any remuneration for services as a member of the Board.

(3)

Every member of the Board is entitled to be reimbursed for actual and reasonable travelling and other expenses, incurred in carrying out his or her office as a member of the Board, that have been approved by the Council.

(4)

The Council must approve remuneration and expenses of Board members that are to be paid out of the Fund.

11 Board expenses

(1)

All costs of the Board including remuneration and expenses referred to in clause 10 must be paid out of the Fund, unless the Council agrees otherwise.

(2)

Subclause (1) does not relieve the Board of the obligation to have its administration and operating costs approved by the Council.

12 Reporting on and review of Board

(1)

The Council must include in its annual report prepared under section 98 of the Local Government Act 2002 the matters referred to in section 52(1) and information about—

(a)

the activities of the Board during the previous 12 months; and

(b)

how those activities are relevant to the purpose and functions of the Board.

(2)

The Board must, in a timely manner, provide the Council with information requested by the Council to enable it to comply with subclause (1) and provide Te Kōwhatu Tū Moana with a copy of that information.

(3)

The appointers of Board members—

(a)

must, no later than 3 years after the first meeting of the Board, undertake a review of the performance of the Board; and

(b)

may undertake any subsequent review of the Board’s performance at a time agreed by both appointers.

(4)

The appointers may, following a review, make recommendations to the Board on relevant matters arising from the review.

Schedule 3 Land to which this Act applies

ss 4, 8, 13, 26, 29, 54, 55, 59, 60, 63

Part 1 Waitara Endowment Land

Subpart 1—Endowment for municipal purposes subject to section 9 of Waitara Harbour Act 1940

Legal descriptionArea (hectares)Record of title
Lot 1 DP 75250.0766TN197/15
Lot 2 DP 75250.0766TN197/68
Lot 3 DP 75250.0766TN198/29
Lot 4 DP 75250.0766TN197/70
Lot 5 DP 75250.0766TN199/28
Lot 6 DP 75250.0766TN199/27
Lot 8 DP 75250.0766TN197/69
Lot 1 DP 82820.1290715887
Lot 2 DP 82820.0968715888
Lot 2 DP 103880.0508TNC2/600
Lot 1 DP 106100.0739TNC3/312
Lot 2 DP 106100.0739TNC3/313
Lot 4 DP 106100.0739TNC3/315
Lot 5 DP 106100.0739TNC3/316
Lot 6 DP 106100.0739TNC3/317
Lot 7 DP 106100.0739TNC3/318
Lot 1 DP 114120.0505TND2/705
Lot 2 DP 114120.0503TND2/706
Lot 1 DP 144910.0683TNG2/311
Lot 2 DP 144910.0677TNG2/312
Lot 3 DP 144910.0680TNG2/313
Lot 1 DP 88430.0526715884
Limited as to parcels
Lot 2 DP 88430.0871715885
Limited as to parcels
Lot 3 DP 88430.0759715886
Limited as to parcels
Blocks VI, XII, XVIII Town of Waitara East2.6912TN140/263
Section 3 Block IX Town of Waitara East0.1012TN165/218
Limited as to parcels
Section 5 Block IX Town of Waitara East0.1012TN165/215
Limited as to parcels
Section 6 Block IX Town of Waitara East0.1012TN165/216
Limited as to parcels
Section 7 Block IX Town of Waitara East0.1012TN165/217
Limited as to parcels
Section 8 Block IX Town of Waitara East0.1012TN166/13
Limited as to parcels
Section 9 Block XIV Town of Waitara East0.1012TN155/291
Limited as to parcels
Section 10 Block XIV Town of Waitara East0.1012TN155/292
Limited as to parcels
Section 11 Block XIV Town of Waitara East0.1012TN155/293
Limited as to parcels
Section 12 Block XIV Town of Waitara East0.1012TN155/294
Limited as to parcels
Section 3 Block XVI Town of Waitara East0.1012TN159/226
Limited as to parcels
Section 4 Block XVI Town of Waitara East0.1012TN159/227
Limited as to parcels
Section 2 Block XIX Town of Waitara East0.1012726135
Sections 10-11, Block XIX and Sections 1, 3, 5, 7, 9, Block XXXVI and Sections 7-13 Block XXVII Town of Waitara East1.4468726136
Section 9 Block XXI Town of Waitara East0.1012TN157/242
Limited as to parcels
Section 10 Block XXI Town of Waitara East0.1012TN157/243
Limited as to parcels
Section 11 Block XXI Town of Waitara East0.1012TN157/244
Limited as to parcels
Section 12 Block XXI Town of Waitara East0.1012TN157/245
Limited as to parcels
Section 3 Block XXII Town of Waitara East0.1012726127
Limited as to parcels
Section 4 Block XXII Town of Waitara East0.1012726140
Limited as to parcels
Section 8 Block XXII Town of Waitara East0.1012TN95/33
Section 1 Block XXX Town of Waitara East0.1012TN161/62
Limited as to parcels
Section 2 Block XXX Town of Waitara East0.1012TN164/114
Limited as to parcels
Section 3 Block XXX Town of Waitara East0.1012TN155/289
Limited as to parcels
Section 4 Block XXX Town of Waitara East0.1012TNA3/620
Limited as to parcels
Section 11 Block XXXVI Town of Waitara East0.1062TNB3/1137
Section 1 Block XXVIII Town of Waitara East0.1012TN167/184
Section 3 Block XXVIII Town of Waitara East0.1012TN155/290
Limited as to parcels
Section 2 Block XXVIII Town of Waitara East0.1012726128
Section 4 Block XXVIII Town of Waitara East0.1012726141
Section 11 Block XXXII Town of Waitara East0.1012TN167/41
Section 9 Block XLI Town of Waitara East0.1012726130
Section 9 Block XLIII Town of Waitara East0.1012726142
Section 1 Block XLI Town of Waitara East0.1012TN156/268
Section 3 Block XLI Town of Waitara East0.1012TN218/61
Section 5 Block XLI Town of Waitara East0.1012TN166/77
Section 7 Block XLI Town of Waitara East0.1012TN166/12
Section 11 Block XLI Town of Waitara East0.1012TN165/212
Section 10 Block XLIII Town of Waitara East0.1012726132
Section 12 Block XLIII Town of Waitara East0.1012726143
Section 11 Block XLIII Town of Waitara East0.1012TN166/232
Sections 8-11 Block XLV Town of Waitara East0.3794TND2/1171
Limited as to parcels
Lot 1 DP 83980.0682715874
Lot 2 DP 83980.0682715875
Lot 3 DP 83980.0682715876
Lot 4 DP 83980.0682715877
Lot 5 DP 83980.0682715878
Lot 6 DP 83980.0682715879
Lot 7 DP 83980.0682715880
Lot 8 DP 83980.0682715881
Lot 9 DP 83980.0682715882
Lot 10 DP 83980.1023715883
Part Allotment 1 Deeds Plan 50 and Allotments 2-3 Deeds Plan 500.1219528001
Limited as to parcels
Part Lots 6A, 6B, 6B Deeds Plan 50 and Lot 5 Deeds Plan 500.1034TN128/120
Limited as to parcels
Part Lots 8-9 Deeds Plan 500.0458TNH3/812
Limited as to parcels
Allotments 1-6 Deeds Plan 510.2101TN128/11
Limited as to parcels
Lot 7 Deeds Plan 510.1075TN162/213
Limited as to parcels
Lot 3 DP 181680.0181TNJ4/934
Lots 1-3 and Lot 12 Deeds Plan 520.1189TNJ4/935
Limited as to parcels
Lot 6 Deeds Plan 520.0171TNB1/691
Limited as to parcels
Allotments 7-8, 11, 13, Deeds Plan 520.1528TN128/130
Limited as to parcels
Lot 1 DP 181680.0151TNJ4/932
Lot 2 DP 181680.0177TNJ4/933
Section 1, Part Section 2 and Sections 3-4 Block IV Town of Waitara West0.3651677067
Limited as to parcels
Section 2 Block XV Town of Waitara West0.1062TN160/166
Section 4 Block XV Town of Waitara West0.1037TN156/48
Section 7 Block XV Town of Waitara West0.1012726144
Section 5 Block XV Town of Waitara West0.1012726133
Section 6 Block XV Town of Waitara West0.1012TN156/49
Section 1 Block XXIV Town of Waitara West0.1012TN160/249
Limited as to parcels
Section 3 Block XXIV Town of Waitara West0.1012TN160/250
Limited as to parcels
Part Section 2 Block XXIV and Part Section 4 Block XXIV Town of Waitara West0.1012TNB4/228
Limited as to parcels
Lot 1 DP 4407081.2712548089
Section 1 Block XLII Town of Waitara West0.1012TN156/52
Limited as to parcels
Section 2 Block XLII Town of Waitara West0.1012TN156/1
Limited as to parcels
Lot 1 DP 197360.1021TNK4/573
Section 4 Block XLII Town of Waitara West0.1012TN155/297
Limited as to parcels
Section 3 Block XLIV Town of Waitara West0.1012TN158/114
Limited as to parcels
Section 4 Block XLIV Town of Waitara West0.1012TN158/154
Section 9 Block LIII Town of Waitara West0.1012TN156/2
Section 10 Block LIII Town of Waitara West0.1012TN156/51
Limited as to parcels
Section 9 Block LV Town of Waitara West0.1012726134
Limited as to parcels
Section 10 Block LV Town of Waitara West0.1012726145
Limited as to parcels
Section 12 Block LV Town of Waitara West0.1012TN156/3
Limited as to parcels
Section 4 Block LXI Waitara West Town0.1022TN171/64
Section 9 Block XCIV Town of Waitara West0.1012TN93/33
Sections 9-12 Block LXXII Town of Waitara West0.4081TN128/1
Limited as to parcels
Sections 10-12 Block LXXXVII Town of Waitara West0.3062TN127/249
Limited as to parcels
Section 8 Block CI Town of Waitara West0.1012TN150/57
Limited as to parcels
Section 8 Block XV Town of Waitara West0.0986TN157/1
Part Lot 3 DP 23750.0692527996
Lot 1 DP 4353800.1115532674
Lot 2 DP 4353800.0929532675
Part Lot 16 DP 3551 and Part Lots 1-2 DP 74530.0689527997
Part Section 13 DP 34100.0086684368
Part Lot 21 DP 35770.0221529902
Part Lots 22-23 DP 35770.0490527995
Part Lot 24 DP 40220.0111684298
Lots 5-6 and Lots 11-12 DP 47070.2023TNB3/286
Lot 18 DP 47070.0506TNB3/287
Lot 1 DP 4461130.0027561756
Lot 2 DP 4461130.0991561757
Lot 3 DP 4461130.0230561758
Balance Allotment A, B SO 47950.5994TN90/92
Part cancelled
Lot 1 DP 65390.0635TN161/1
Lot 2 DP 65390.0386TN161/2
Lot 1 DP 67050.1305TN166/111
Lot 6 DP 67050.1095TN166/112
Lot 14 DP 67680.0511TN166/84
Part Lot 2 DP 67710.0489528002
Part Lot 1 DP 67950.0340666585
Part Lot 3 DP 67950.0281666589
Lot 4 DP 68160.0599TN171/66
Lot 1 DP 73740.0510TNB4/395
Lot 3 DP 4353800.0885532676
Lot 3 DP 74700.0802726259
Lot 4 DP 74700.0835726260
Lot 7 DP 74700.0809726261
Lot 8 DP 74700.0817726262
Lot 9 DP 74700.1050726263
Lots 5-6 DP 74700.1603726264
Lot 12 DP 74700.1128TNC3/1128
Lot 14 DP 74700.1151TNC3/618
Lot 15 DP 74700.1171TNC3/617
Lot 16 DP 74700.1196TNC3/968
Lot 1 DP 74900.0976TN197/16
Lot 7 DP 75250.0766TN198/28
Lot 1 DP 79350.1201715865
Lot 2 DP 79350.1032715866
Lot 1 DP 8244, and Section 3 Block CXXVII Town of Waitara West0.0435TNB2/190
Lot 2 DP 8244 and Section 2 Block CXXVII Town of Waitara West0.0359TNB3/160
Lot 3 DP 8244 and Section 1 Block CXXVII Town of Waitara West0.0301TNB3/281
Lot 4 DP 82440.0297715843
Lot 5 DP 82440.0297715844
Lot 7 DP 82440.0297715845
Lot 6 DP 82440.0297TNC2/51
Lot 8 DP 82440.0297715840
Lot 10 DP 82440.0297715841
Lot 11 DP 82440.0297715842
Lot 9 DP 82440.0297TNC2/50
Lot 12 DP 82440.0297715831
Lot 13 DP 82440.0297715832
Lot 14 DP 82440.0297715833
Lot 15 DP 82440.0297TNC2/49
Lot 1 DP 82840.0536535823
Lot 2 DP 82840.0536535824
Lot 3 DP 82840.0536535825
Lot 4 DP 82840.0536535826
Lot 5 DP 82840.0536535827
Lot 6 DP 82840.0536535828
Lot 7 DP 82840.0536535829
Lot 2 DP 83170.0599533378
Lot 3 DP 83170.1067533379
Lot 4 DP 83170.0599533380
Lot 3 DP 85060.0592715820
Lot 5 DP 85060.0587715821
Lot 8 DP 85060.0536715822
Lot 10 DP 85060.0536715823
Lots 16-17 DP 85060.1072715824
Lots 18-19 DP 85060.1224TNC2/96
Lot 20 DP 85060.0612720261
Lot 21 DP 85060.0612720262
Lot 23 DP 85060.0612720263
Lot 24 DP 85060.0612720264
Lot 25 DP 85060.0612720265
Lot 26 DP 85060.0607720266
Lot 27 DP 85060.0615720267
Lot 39 DP 85060.0612720268
Lot 41 DP 85060.1166720269
Lot 44 DP 85060.0604720270
Lot 45 DP 85060.0612720271
Lot 29 DP 85060.0615715867
Lot 30 DP 85060.0610715868
Lot 31 DP 85060.0900715869
Lot 34 DP 85060.0551715870
Lot 35 DP 85060.0572715871
Lot 36 DP 85060.0599715872
Lot 37 DP 85060.0599715873
Lots 1-2 DP 85800.1020TNB2/304
Section 4 Block LXII Town of Waitara West0.1062533377
Limited as to parcels
Lot 1 DP 86160.0536539066
Lot 2 DP 86160.0536539067
Lot 3 DP 86160.0536539068
Lot 4 DP 86160.0536539069
Lot 2 DP 74900.2302TN196/22
Lots 62-69, 79-80 DP 87760.6784535822
Lots 70-71 DP 87760.1371535814
Lot 72 DP 87760.0587535815
Lot 73 DP 87760.0536535816
Lot 74 DP 87760.0564535817
Lot 75 DP 87760.0647535818
Lot 76 DP 87760.0604535819
Lot 77 DP 87760.0655535820
Lot 78 DP 87760.0696535821
Lot 1 DP 90040.0855715861
Lot 2 DP 90040.0903715862
Lot 3 DP 90040.0812715863
Part Lot 4 DP 90040.1222715864
Lot 1 DP 3689390.0488280287
Lot 2 DP 3689390.0903280288
Lot 2 DP 91190.0868TNB1/468
Part Lots 3-4 DP 93870.0551539867
Lot 1 DP 94020.0675TNA3/89
Lot 6 DP 93240.0589720713
Lot 4 DP 93240.0589TNB3/41
Lot 5 DP 93240.0589TNB2/770
Lot 11 DP 93240.0637720721
Lot 12 DP 93240.0625722393
Lot 24 DP 93240.0764721078
Lot 25 DP 93240.0610721079
Lot 26 DP 93240.0754721080
Lot 27 DP 93240.0701TNC1/359
Lot 28 DP 93240.0579TNC2/899
Lot 2 DP 96080.0711TNB1/498
Lot 3 DP 96080.0711TNB1/793
Lot 4 DP 96080.0711TNB2/869
Lot 6 DP 96080.0837TNB2/769
Lot 7 DP 96080.0746TNB2/455
Lot 8 DP 96080.0703TNB3/517
Allotments 4-5 Deeds Plan 520.0683TN128/131
Limited as to parcels
Lot 1 DP 98780.0895TNB3/325
Lot 2 DP 98780.1093TNB3/326
Lot 6 DP 99950.0665TNB3/223
Lot 7 DP 99950.0665TNB3/224
Lot 8 DP 99950.0665TNB3/225
Lot 9 DP 99950.0665TNB3/226
Lot 10 DP 99950.0665TNB3/227
Lot 11 DP 99950.0665TNB3/228
Lot 12 DP 99950.0840TNB3/229
Lot 13 DP 99950.0840TNB3/230
Lot 14 DP 99950.0733TNB3/231
Lot 15 DP 99950.0736TNB3/232
Lot 16 DP 99950.0622TNB3/233
Lot 17 DP 99950.0627TNB3/234
Lot 18 DP 99950.0761TNB3/235
Lot 19 DP 99950.0761TNB3/236
Lot 20 DP 99950.0604TNB3/237
Lot 1 DP 100800.0506TNB4/226
Lot 2 DP 100800.0519TNB4/227
Lot 1 DP 101960.0680TNC1/231
Lot 2 DP 101960.0680TNC1/232
Lot 3 DP 101960.0680TNC1/233
Lot 4 DP 101960.0680TNC1/234
Lot 5 DP 101960.0680TNC1/235
Lot 6 DP 101960.0680TNC1/236
Lot 7 DP 101960.0680TNC1/237
Lot 8 DP 101960.0680TNC1/238
Lot 9 DP 101960.0680TNC1/239
Lot 10 DP 101960.0680TNC1/240
Lot 11 DP 101960.0830TNC1/241
Lot 12 DP 101960.0744TNC1/242
Lot 13 DP 101960.0635TNC1/243
Lot 14 DP 101960.0635TNC1/244
Lot 15 DP 101960.0635TNC1/245
Lot 16 DP 101960.0635TNC1/246
Lot 17 DP 101960.0635TNC1/247
Lot 18 DP 101960.0635TNC1/248
Lot 19 DP 101960.0744TNC1/249
Lot 3 DP 106100.0739TNC3/314
Lot 1 DP 107970.1230TNC4/261
Lot 2 DP 107970.0809TNC4/262
Lot 1 DP 112720.0509TND1/1124
Lot 2 DP 112720.0509TND1/1125
Lot 2 DP 114180.0985TND2/725
Part Lot 1 DP 114182.4774TNG4/819
Lot 1 DP 115400.0231TND2/1219
Lot 2 DP 115400.0419TND2/1220
Lot 3 DP 115400.0432TND2/1221
Lot 1 DP 118610.0516TND4/152
Lot 2 DP 118610.0763TND4/153
Lot 3 DP 118610.0746TND4/154
Lot 1 DP 119540.1637TND4/675
Lot 1 DP 126290.0818TNE3/223
Lot 2 DP 126290.0793TNE3/224
Lot 3 DP 126290.0784TNE3/225
Lot 4 DP 126290.0790TNE3/226
Lot 5 DP 126290.0812TNE3/227
Lot 6 DP 126290.0814TNE3/228
Lot 7 DP 126290.0798TNE3/229
Lot 11 DP 126290.0666TNE3/233
Lot 12 DP 126290.0663TNE3/234
Lot 13 DP 126290.0650TNE3/235
Lot 14 DP 126290.0626TNE3/236
Lot 3 DP 128040.0900544137
Lot 1 DP 129190.0648TNE4/604
Lot 2 DP 129190.0648TNE4/605
Lot 3 DP 129190.0648TNE4/606
Lot 4 DP 129190.0648TNE4/607
Lot 5 DP 129190.0620TNE4/608
Lot 6 DP 129190.0620TNE4/609
Lot 2 DP 136350.1270TNF3/44
Lot 1 DP 139700.0732TNF4/570
Lot 2 DP 139700.0732TNF4/571
Lot 3 DP 139700.0732TNF4/572
Lot 4 DP 139700.0732TNF4/573
Lot 5 DP 139700.0699TNF4/574
Lot 6 DP 139700.0775TNF4/575
Lot 7 DP 139700.0731TNF4/576
Lot 8 DP 139700.0731TNF4/577
Lot 9 DP 139700.0731TNF4/578
Lot 10 DP 139700.0731TNF4/579
Lot 11 DP 139700.0790TNF4/580
Lot 12 DP 139700.0736TNF4/581
Lot 13 DP 139700.0730TNF4/582
Lot 1 DP 141040.0724TNG1/28
Lot 2 DP 141040.0724TNG1/29
Lot 3 DP 141040.0724TNG1/30
Lot 4 DP 141040.0724TNG1/31
Lot 5 DP 141040.0724TNG1/32
Lot 6 DP 141040.0724TNG1/33
Lot 1 DP 145770.0698TNG3/129
Lot 2 DP 145770.0715TNG3/130
Lot 3 DP 145770.0763TNG3/131
Lot 4 DP 145770.0704TNG3/132
Lot 5 DP 145770.0704TNG3/133
Lot 6 DP 145770.0704TNG3/134
Lot 7 DP 145770.0763TNG3/135
Lot 8 DP 145770.0761TNG3/136
Lot 9 DP 145770.0702TNG3/137
Lot 10 DP 145770.0702TNG3/138
Lot 11 DP 145770.0702TNG3/139
Lot 12 DP 145770.0709TNG3/140
Lot 13 DP 145770.0751TNG3/141
Lot 14 DP 145770.0689TNG3/142
Lot 15 DP 145770.0689TNG3/143
Lot 16 DP 145770.0701TNG3/144
Lot 17 DP 145770.0658TNG3/145
Lot 1 DP 146990.0726TNG3/878
Lot 2 DP 146990.0654TNG3/879
Lot 3 DP 146990.0766TNG3/880
Lot 4 DP 146990.0908TNG3/881
Lot 5 DP 146990.0687TNG3/882
Lot 6 DP 146990.0789TNG3/883
Lot 7 DP 146990.0673TNG3/884
Lot 8 DP 146990.0609TNG3/885
Lot 9 DP 146990.0599TNG3/886
Lot 10 DP 146990.0599TNG3/887
Lot 11 DP 146990.0623TNG3/888
Lot 12 DP 146990.0652TNG3/889
Lot 13 DP 146990.0682TNG3/890
Lot 14 DP 146990.0834TNG3/891
Lot 15 DP 146990.0735TNG3/892
Lot 16 DP 146990.0793TNG3/893
Lot 17 DP 146990.0792TNG3/894
Lot 18 DP 146990.0638TNG3/895
Lot 19 DP 146990.0701TNG3/896
Lot 20 DP 146990.0679TNG3/897
Lot 21 DP 146990.0654TNG3/898
Lot 22 DP 146990.0631TNG3/899
Lot 23 DP 146990.0654TNG3/900
Lot 1 DP 152410.0510TNH1/441
Lot 2 DP 152410.0795TNH1/442
Lot 1 DP 153530.0973TNH1/431
Lot 2 DP 153530.0832TNH1/432
Lot 3 DP 153530.0832TNH1/433
Lot 4 DP 153530.0832TNH1/434
Lot 5 DP 153530.0832TNH1/435
Lot 6 DP 153530.0832TNH1/436
Lot 7 DP 153530.0832TNH1/437
Lot 8 DP 153530.0972TNH1/438
Lot 1 DP 127600.0733TNE3/921
Lot 3 DP 127600.0709TNE3/923
Lot 1 DP 143570.0844TNG1/1005
Lot 2 DP 143570.0825TNG1/1006
Lot 1 DP 144920.1082TNG2/307
Lot 2 DP 144920.0640TNG2/308
Lot 1 DP 162770.0144TNH3/810
Lot 2 DP 162770.0149TNH3/811
Lot 1 DP 168120.0223TNJ1/413
Lot 2 DP 168120.0299TNJ1/414
Part Section B Town of Waitara West0.0229684296
Part Lot 4 DP 67950.0080684208
Lot 1 DP 107270.0849TNC3/1014
Lot 2 DP 107270.0849TNC3/1015
Lot 19 DP 117070.0707TND3/699
Lot 26 DP 117070.0586TND3/706
Lot 1 DP 119630.9646TND4/676
Lot 2 DP 119630.1011TND4/677
Lot 1 DP 124762.0234TNE2/469
Lot 1 DP 124880.7081TNE2/814
Lot 1 DP 125591.3742TNE2/813
Lot 1 DP 14418 and Lot 5 DP 201160.1323TNL1/368
Lot 2 DP 14418 and Lot 4 DP 201160.1326TNL1/367
Lot 3 DP 14418 and Lot 3 DP 201160.1329TNL1/366
Lot 4 DP 14418 and Lot 2 DP 201160.1332TNL1/365
Lot 1 DP 201160.6878TNL1/364
Lot 1 DP 151780.6018TNG4/1164
Part Lot 4 DP 151780.5013TNH1/1331
Lot 1 DP 152750.1169TNH1/18
Lot 2 DP 152750.1169TNH1/19
Lot 3 DP 152750.1169TNH1/20
Lot 1 DP 156940.0600TNH1/1328
Lot 2 DP 156940.0600TNH1/1329
Lot 3 DP 156940.0892TNH1/1330
Lot 1 DP 90410.0622721054
Lot 6 DP 90410.0604721055
Lot 15 DP 90410.0981721056
Lot 17 DP 90410.0653721057
Lot 18 DP 90410.0620721058
Lot 19 DP 90410.0589721059
Lot 24 DP 90410.0731721060
Lot 25 DP 90410.0645721061
Lot 26 DP 90410.0663721062
Lot 27 DP 90410.0630721063
Lot 28 DP 90410.0632721064
Lot 34 DP 90410.0620721065
Lot 35 DP 90410.0589721066
Lot 36 DP 90410.0731721067
Lot 37 DP 90410.0794721068
Lot 38 DP 90410.0832721069
Lot 39 DP 90410.1004721070
Lot 40 DP 90410.0898721071
Lot 41 DP 90410.0599721072
Part Lot 58 Deposited Plan 8776, Lots 59-61, 81-82 Deposited Plan 8776, and Part Lots 86-92 DP 87760.5804684449
Lot 83 DP 87760.0630530234
Lot 84 DP 87760.0582533239
Lot 85 DP 87760.0620533240
Lots 1-4, 7-10, 13-15 and Part Lot 16 and Lots 19-21 and Part Lot 22 and Lots 25-27 and Part Lot 28 and Lots 31-33 and Part Lot 34 DP 47071.0858666582
Part Reserve A and Part Section 136 Waitara West District, and Part Section 136 Waitara West District and Part Section 136 Waitara West District45.8777658872
Limited as to parcels
Lot 1 DP 100570.0728554551
Lot 2 DP 4512890.4083575169
Lots 3-15 DP 4512899.6149575170
Lot 16 DP 4512890.0386575171
Lots 17-18 DP 4512891.0656575172
Section 5 Block XXXII Town of Waitara East0.1012TNC2/476
Section 7 Block XXXII Town of Waitara East0.1012TNC2/477
Section 9 Block XXXII Town of Waitara East0.1012TNC2/478
Lot 1 DP 103880.0508TNC2/599
Lot 2 DP 104430.0617TNC2/453
Lot 3 DP 104430.0612TNC2/454
Lot 10 DP 104430.0809TNC2/467
Lot 11 DP 104430.0850TNC2/468
Lot 15 DP 104430.1093TNC2/463
Lot 16 DP 104430.0769TNC2/464
Lot 17 DP 104430.0726TNC2/465
Lot 18 DP 104430.0733TNC2/466
Lot 16 DP 110730.0691TND1/19
Lot 17 DP 110730.0691TND1/20
Lot 18 DP 110730.0772TND1/21
Lot 34 DP 110730.0563TND1/23
Lot 35 DP 110730.0563TND1/24
Lot 36 DP 110730.0563TND1/25
Lot 37 DP 110730.0563TND1/26
Lot 40 DP 110730.0592TND1/29
Lot 41 DP 110730.0592TND1/30
Lot 42 DP 110730.0592TND1/31
Lot 5 DP 117070.0707TND3/688
Lot 6 DP 117070.0707TND3/689
Lot 7 DP 117070.0707TND3/690
Lot 8 DP 117070.0707TND3/691
Lot 9 DP 117070.0707TND3/692
Lot 10 DP 117070.0707TND3/693
Lot 11 DP 117070.0707TND3/694
Lot 12 DP 117070.0707TND3/695
Lot 13 DP 117070.0706TND3/696
Lot 14 DP 117070.0707TND3/697
Lot 15 DP 117070.0772TND3/698
Lot 46 DP 117070.0669TND3/715
Lot 47 DP 117070.0711TND3/716
Lot 50 DP 117070.0870TND3/719
Lot 51 DP 117070.0796TND3/720
Lot 52 DP 117070.0753TND3/721
Lot 56 DP 117070.0686TND3/725
Lot 57 DP 117070.0669TND3/726
Lot 1 DP 193940.1020TNK3/747
Lot 1 DP 4553900.5832585941
Lots 2-4 DP 45539038.2060585942
Part Block CXXIII and Part Section 4 Block CXXVII Town of Waitara West0.2331725697

Subpart 2—Mixed endowment land

Legal descriptionArea (hectares)Record of title
Lots 16-31, 38 DP 8776 (Parts formerly Part Section 12 Block XLV, Parts Sections 9, 11 and 12 Block XLVI and Part Block CXXIII Town of Waitara West (municipal purposes) and parts formerly Section 2 and Part Sections 1, 3, 4 and 6 Block LVI, Part Blocks CXIII, CXXIV, and CXXV Town of Waitara West (Town Improvements)1.0920TN258/73
Lot 1 DP 10395 (part Block CXXIV Town of Waitara West (Town improvements) and Parts Sections 11 and 12 Block XLVI Town of Waitara West (municipal purposes)0.0774TNC2/220
Lot 1 DP 9324 (municipal purposes except as to Part formerly Block CXXXI Town of Waitara West)0.0701720711
Lot 2 DP 9324 (municipal purposes except as to Part formerly Block CXXXI Town of Waitara West)0.0579720712
Lot 7 DP 9324 (municipal purposes except as to Part formerly Block CXXXI Town of Waitara West)0.0589720714
Lot 8 DP 9324 (municipal purposes except as to Part formerly Block CXXXI Town of Waitara West)0.0579720715
Lot 9 DP 9324 (municipal purposes except as to Part formerly Block CXXXI Town of Waitara West)0.0701720716
Lot 3 DP 9324 (municipal purposes except as to Part Block formerly CXXXI Town of Waitara West)0.0579TNC1/911
Lot 10 DP 9324 (municipal purposes except as to Part Block CXXXI Town of Waitara West)0.0650720720
Lot 13 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0809722394
Lot 14 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0625722395
Lot 15 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0668722396
Lot 16 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0655722397
Lot 17 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0802722398
Lot 18 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0731722399
Lot 19 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0933721073
Lot 20 DP 9324 (municipal purposes except as to the Part Blocks VI and CXXXI Town of Waitara West)0.0787721074
Lot 21 DP 9324 (municipal purposes except as to the Part Blocks VI and CXXXI Town of Waitara West)0.0675721075
Lot 22 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0647721076
Lot 23 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0759721077
Lot 31 DP 9324 (municipal except as to the Part Block CXXXI Town of Waitara West)0.0589TNB3/39
Lot 32 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0589TNG4/983
Lot 34 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0579TNC1/530
Lot 29 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0579TNH2/848
Lot 30 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0589TNH2/849
Lot 33 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0589TNA2/664
Lot 35 DP 9324 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0701TNH2/847
Lot 1 DP 9608 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0845TNB2/300
Lot 5 DP 9608 (municipal purposes except as to Part Block CXXXI Town of Waitara West)0.0703TNA3/767
Lot 9 DP 9608 (municipal purposes except as to Part Block CXXXI Town of Waitara West)0.0670TNB3/54
Lot 10 DP 9608 (municipal purposes as to Part formerly Block CIX Town of Waitara West)0.0713TNB1/874
Lot 11 DP 9608 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0713TNB2/302
Lot 12 DP 9608 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0698TNB2/303
Lot 1 DP 9995 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0665TNB3/218
Lot 2 DP 9995 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0744TNB3/219
Lot 3 DP 9995 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0665TNB3/220
Lot 4 DP 9995 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0665TNB3/221
Lot 5 DP 9995 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0665TNB3/222
Lot 21 DP 9995 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0604TNB3/238
Lot 22 DP 9995 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0604TNB3/239
Lot 23 DP 9995 (municipal purposes except as to the Part Block CXXXI Town of Waitara West)0.0604TNB3/240
Lot 8 DP 10610 (the part formerly contained in TN161/130 held for municipal purposes)0.0764TNC3/319
Lot 9 DP 10610 (the part formerly contained in TN161/130 held for municipal purposes)0.0764TNC3/323
Lot 10 DP 10610 (the part formerly contained in TN161/130 held for municipal purposes)0.0764TNC3/320
Lot 11 DP 10610 (the part formerly contained in TN161/130 held for municipal purposes)0.0764TNC3/324
Lot 12 DP 10610 (the part formerly contained in TN161/130 held for municipal purposes)0.0764TNC3/321
Lot 13 DP 10610 (the part formerly contained in TN161/130 held for municipal purposes)0.0764TNC3/325
Lot 14 DP 10610 (the part formerly contained in TN161/130 held for municipal purposes)0.0764TNC3/322
Lot 15 DP 10610 (the part formerly contained in TN161/130 held for municipal purposes)0.0764TNC3/326
Lot 16 DP 10610 (the part formerly contained in TN161/130 held for municipal purposes)0.0678TNC3/327
Lot 17 DP 10610 (the part formerly contained in TN161/130 held for municipal purposes)0.0678TNC3/328
Lot 1 DP 10446 (municipal purposes except as to the part formerly described as Block CXXXIX in TNC2/517)1.4038TNC2/518
Lot 1 DP 10602 (the part formerly contained in TN155/296 and TNB3/289 subject to Section 9 of the Waitara Harbour Act 1940)0.0604TNC3/307
Lot 2 DP 10602 (the part formerly contained in TN155/296 subject to Section 9 of the Waitara Harbour Act 1940)0.0604TNC3/308
Lot 3 DP 10602 (the part formerly contained in TN155/296 and TN93/44 subject to Section 9 of the Waitara Harbour Act 1940)0.0604TNC3/309
Lot 4 DP 10602 (the part formerly contained in TN93/44 subject to Section 9 of the Waitara Harbour Act 1940)0.0604TNC3/310
Lot 5 DP 10602 (the part formerly contained in TN93/44 subject to Section 9 of the Waitara Harbour Act 1940)0.0604TNC3/311
Lot 1 DP 451289 (municipal purposes except as to the part marked Part CXXXI on DP 451289)0.8546575168
Lot 1 DP 10443 (subject to Section 9 of the Waitara Harbour Act 1940 as to part formerly in TN161/130)0.0698TNC2/452
Lot 4 DP 10443 (subject to Section 9 of the Waitara Harbour Act 1940 as to part formerly in TN161/130)0.0675TNC2/455
Lot 5 DP 10443 (subject to Section 9 of the Waitara Harbour Act 1940 as to part formerly in TN161/130)0.0900TNC2/456
Lot 6 DP 10443 (subject to Section 9 of the Waitara Harbour Act 1940 as to part formerly in TN161/130)0.0718TNC2/457
Lot 7 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/231)0.0923TNC2/458
Lot 8 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/231)0.1148TNC2/459
Lot 9 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/231)0.1176TNC2/460
Lot 12 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/231)0.0779TNC2/469
Lot 13 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/231)0.1252TNC2/461
Lot 14 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/231)0.0635TNC2/462
Lot 19 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/231)0.0759TNC2/470
Lot 20 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/229)0.0726TNC2/471
Lot 21 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/229)0.0617TNC2/472
Lot 22 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/229)0.0617TNC2/473
Lot 23 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/229)0.0617TNC2/474
Lot 24 DP 10443 (municipal purposes except as to the part formerly contained in TNC2/229)0.0726TNC2/475
Lot 33 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/230)0.0658TND1/22
Lot 39 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/230)0.0643TND1/28
Lot 43 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/227)0.0707TND1/32
Lot 60 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/231)0.0604TND1/33
Lot 61 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/231)0.0604TND1/34
Lot 62 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/231)0.0604TND1/35
Lot 63 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/231)0.0604TND1/36
Lot 64 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/231)0.0604TND1/37
Lot 65 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/231)0.0604TND1/38
Lot 66 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/231)0.0756TND1/39
Lot 67 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/231)0.0678TND1/40
Lot 68 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/231)0.0678TND1/41
Lot 92 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/229)0.0666TND1/44
Lot 93 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/229)0.0565TND1/45
Lot 94 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/229)0.0565TND1/46
Lot 95 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/229)0.0565TND1/47
Lot 96 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/229)0.0666TND1/48
Lot 97 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/229)0.0765TND1/49
Lot 98 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/229)0.0765TND1/50
Lot 99 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/229)0.0765TND1/51
Lot 100 DP 11073 (municipal purposes except as to the part formerly contained in TNC2/229)0.0765TND1/52
Lot 1 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/226)0.0708TND3/684
Lot 2 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/226)0.0634TND3/685
Lot 3 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/226)0.0634TND3/686
Lot 4 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/226)0.0699TND3/687
Lot 20 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0592TND3/700
Lot 21 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0592TND3/701
Lot 22 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0592TND3/702
Lot 23 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0592TND3/703
Lot 24 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0672TND3/704
Lot 25 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0586TND3/705
Lot 27 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0586TND3/707
Lot 28 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0586TND3/708
Lot 29 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0631TND3/709
Lot 30 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0636TND3/710
Lot 31 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0592TND3/711
Lot 32 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0592TND3/712
Lot 44 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/227)0.0691TND3/713
Lot 45 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/227)0.0777TND3/714
Lot 48 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0650TND3/717
Lot 49 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0771TND3/718
Lot 53 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0728TND3/722
Lot 54 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0710TND3/723
Lot 55 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0679TND3/724
Lot 58 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0778TND3/727
Lot 59 DP 11707 (municipal purposes except as to the part formerly contained in TNC2/230)0.0692TND3/728
Lots 1-6, 11-12 DP 9370 (that part formerly part Section 1 Block LVII Town of Waitara West held for town improvements)0.0976TNA3/225
Lot 8 DP 9370 (that part formerly part Section 1 Block LVII Town of Waitara West held for town improvements)0.0089TNF3/47
Lot 9 DP 9370 (that part formerly part Section 1 Block LVII Town of Waitara West held for town improvements)0.0101TNA3/257
Lot 10 DP 9370 (that part formerly part section 1 Block LVII Town of Waitara West held for town improvements)0.0124TNC2/95
Lot 14 DP 9370 (that part formerly part Block CXIII Town of Waitara West held for town improvements)0.0873TNB2/870

Subpart 3—Endowment for maintenance of Waitara Public Library

Legal DescriptionArea (hectares)Record of title
Section 5 Block XX Town of Waitara East0.1012TN155/90
Section 7 Block XX Town of Waitara East0.1012TN155/88
Section 9 Block XX Town of Waitara East0.1012TN155/89
Section 1 Block XXXI Town of Waitara West0.1012TNB3/561
Section 3 Block XXXI Town of Waitara West0.1012TNB3/562
Section 4 Block XXXI Town of Waitara West0.1012TN160/199
Section 5 Block XXXI Town of Waitara West0.1012TNB3/563
Section 6 Block XXXI Town of Waitara West0.1012TN160/164
Section 8 Block XXXI Town of Waitara West0.1012TN160/165
Section 5 Block XXXII Town of Waitara West defined on DP 35460.1062TNE3/370
Section 6 Block XXXII Town of Waitara West0.1062TNE3/260
Section 7 Block XXXII Town of Waitara West0.1062TNE3/65
Section 8 Block XXXII Town of Waitara West0.1062TNE3/261
Section 10 Block XLIV Town of Waitara West0.1012726125
Section 12 Block XLIV Town of Waitara West0.1012726139
Section 2, Section 4 and Section 6 Block LXXXII Town of Waitara West0.3035TNB3/698
Lot 1 DP 108520.0511TNC4/395
Lot 2 DP 108520.0511TNC4/396

Subpart 4—Land held for town improvements

Legal descriptionArea (hectares)Record of title
Section 3 Block L Town of Waitara East0.1012TN167/108
Section 4 Block L Town of Waitara East0.1012TNC1/306
Section 5 Block L Town of Waitara East0.1012TNC3/615
Section 6 Block L Town of Waitara East0.1012TN168/71
Section 7 Block L Town of Waitara East0.1012TNC3/616
Section 8 Block L Town of Waitara East0.1012TN168/74
Section 9 Block L Town of Waitara East0.1012TN167/181
Section 10 Block L Town of Waitara East0.1012TN168/73
Section 12 Block L Town of Waitara East0.1012TN168/72
Section 1 Block LI Town of Waitara East0.1012TN162/135
Section 3 Block LI Town of Waitara East0.1012TN162/136
Section 5 Block LI Town of Waitara East0.1012TN167/42
Section 7 Block LI Town of Waitara East0.1012TN162/137
Section 9 Block LI Town of Waitara East0.1011TNC4/610
Section 11 Block LI Town of Waitara East0.1012533237
Sections 1-9 Block LII Town of Waitara East1.0018721050
Section 4 Block CII Town of Waitara West0.1012TN157/67
Lot 1 DP 79010.0596TNE2/81
Lot 2 DP 79010.0589TNE2/82
Lot 3 DP 79010.0596TNE2/850
Lot 4 DP 79010.0613TNE1/1001
Lot 5 DP 79010.0613TNE1/1258
Lot 6 DP 79010.0613TNE2/186
Lot 7 DP 79010.0613715937
Lot 10 DP 79010.0613715938
Lot 12 DP 79010.0613715939
Lot 13 DP 79010.0613715940
Lot 19 DP 79010.1054715941
Lot 8 DP 79010.0613TNE1/1256
Lot 9 DP 79010.0613TNE1/1000
Lot 11 DP 79010.0613TNE2/1245
Lot 14 DP 79010.0613TNE2/816
Lot 15 DP 79010.0613TNE2/238
Lot 16 DP 79010.0613TNE2/851
Lot 17 DP 79010.0680TNE2/80
Lot 18 DP 79010.0679TNE1/845
Lot 1 DP 79750.0519TNE1/1257
Lot 2 DP 79750.0685TNE2/1244
Lot 3 DP 79750.0640TNE1/1015
Lot 4 DP 79750.0574715935
Lot 7 DP 79750.0551715936
Lot 5 DP 79750.0589TNE2/817
Lot 6 DP 79750.0506TNE1/1255
Lot 8 DP 79750.0612TNE2/502
Lot 9 DP 79750.0612TNE1/1013
Lot 10 DP 79750.0612715932
Lot 12 DP 79750.0506715933
Lot 13 DP 79750.0589715934
Lot 11 DP 79750.0551TNE1/846
Lot 14 DP 79750.0534TNE2/1243
Lot 15 DP 79750.0551TNE2/1242
Lot 16 DP 79750.0579TNE2/849
Lot 7 DP 81330.0893535090
Lot 1 DP 81330.0523715920
Lot 2 DP 81330.0501715921
Lot 3 DP 81330.0579715922
Lot 8 DP 81330.0473715923
Lot 9 DP 81330.0498715924
Lot 10 DP 81330.0521715925
Lot 11 DP 81330.0579715926
Lot 12 DP 81330.0501715927
Lot 13 DP 81330.0524715928
Lot 1 DP 88010.0890715929
Lot 2 DP 88010.0602715930
Lot 14 DP 81330.0812715895
Lot 15 DP 81330.0688715896
Lot 17 DP 81330.0521715897
Lot 18 DP 81330.0569715898
Lot 19 DP 81330.0599715899
Lot 20 DP 81330.0716715900
Lot 21 DP 81330.0599715901
Lot 22 DP 81330.0599715902
Lot 23 DP 81330.0574715903
Lot 24 DP 81330.0521715904
Lot 25 DP 81330.0503715905
Lot 16 DP 81330.0579TNE2/1241
Lot 26 and Part Lot 27 DP 81330.1054715889
Lot 28 DP 81330.0660715890
Lot 29 DP 81330.0663715891
Lot 30 DP 81330.0635715892
Lot 31 DP 81330.0653715893
Lot 32 DP 81330.0607715894
Lot 1 DP 84410.1315535830
Lot 2 DP 84410.0653535831
Lot 3 DP 84410.0749535832
Lot 4 DP 84410.0754535833
Lot 5 DP 84410.0690535834
Lot 6 DP 84410.0610535835
Lot 1 DP 87760.0670715846
Lot 2 DP 87760.0554715847
Lot 3 DP 87760.0627715848
Lot 4 DP 87760.0668715849
Lot 5 DP 87760.0776715850
Lot 6 DP 87760.0658715851
Lot 7 DP 87760.0630715852
Lot 8 DP 87760.0640715853
Lot 9 DP 87760.0640715854
Lot 10 DP 87760.0630715855
Lot 11 DP 87760.0658715856
Lot 12 DP 87760.0776715857
Lot 13 DP 87760.0668715858
Lot 14 DP 87760.0627715859
Lot 15 DP 87760.0554715860
Lot 37 DP 87760.0696TNC1/707
Lot 1 DP 89670.1492TN268/37
Lot 1 DP 90780.0559TNC3/1130
Lot 2 DP 90780.0624TNC3/1131
Lot 3 DP 90780.0814TNC3/1132
Lot 6 DP 90780.0799720432
Lot 7 DP 90780.0865720433
Lot 8 DP 90780.0802720434
Lot 9 DP 90780.0731720435
Lot 10 DP 90780.0807720436
Lot 11 DP 90780.1361720437
Lot 7 DP 93700.0089TNF4/255
Part Lot 15 DP 93700.4993TNC2/219
Lot 1 DP 98100.0511TNC1/303
Lot 2 DP 98100.0511TNC1/304
Lot 1 DP 99390.1140TNC3/966
Lot 1 DP 113880.0916TND2/352
Lot 2 DP 113880.0973TND2/353
Lot 1 DP 147850.0517TNG3/1091
Lot 2 DP 147850.0505TNG4/69
Lot 1 DP 149090.0510TNG4/294
Lot 2 DP 149090.0511TNG4/295
Part Block CXXIV Town of Waitara West0.0055725698

Subpart 5—Other land (portfolio)

Legal descriptionArea (hectares)Record of title
Sections 2, 3, 5, and 6 Block XXIII Town of Waitara West0.4248TNF4/662
Lot 1 DP 141840.0536TNG1/164
Lot 2 DP 141840.0536TNG1/165
Section 7 Block XXIII Town of Waitara West0.1062TNC3/969
Lot 1 DP 126180.0510TNE3/382
Lot 2 DP 126180.0511TNE3/383
Lot 1 DP 148070.0516TNG4/292
Lot 2 DP 148070.0505TNG4/293
Section 9 Block VIII Town of Waitara East0.1012TNC1/912
Section 10 Block VIII Town of Waitara East0.1012TNC1/924
Section 9 Block XXIII Town of Waitara West0.1062TNC2/794
Lot 1 DP 167960.4083TNH4/1197
Section 13 Block LXXXVIII Town of Waitara West0.0809TNB1/370
Section 6 Block XLVI Town of Waitara East0.1012TNA3/1058
Lot 38 DP 110730.0643TND1/27
Section 5 Block LXXXVIII Town of Waitara West0.1012TNA3/184

Part 2 Vested Land

Clifton Park

Legal descriptionArea (hectares)Record of title
Section 1 SO Plan 4954726.3600721050
721051
667448
652535
TNH2/1168
Section 2 SO Plan 4954720.0733764959

East Beach River Mouth

Legal descriptionArea (hectares)Record of title
Lot 1 DP 4553900.5832585941

West Beach

Legal descriptionArea (hectares)Record of title
Section 7 SO Plan 4963230.4723Part 658872
Section 9 SO Plan 49632320.0600Part 658872
Part 666582
Part TNB3/286
Section 12 SO Plan 4963233.1150Part 658872
TNG4/819
TND4/675
TNB3/287
Part 666582

Part 3 Council purchase properties

Brown Road Land

Legal descriptionArea (hectares)Record of title
Section 1 SO Plan 49632313.1220Part 658872
Section 2 SO Plan 4963230.2082Part 658872

Ranfurly Park

Legal descriptionArea (hectares)Record of title
Lots 3-15 DP 4512899.6149575170
Lots 19-20 DP 4512894.4193575173
Section 1 Block IV Town of Waitara West and Part Section 2 Block IV Town of Waitara West and Sections 3-4 Block IV Town of Waitara West0.3651677067
Limited as to parcels
Section 13 SO Plan 4963230.0632Part 658872
Section 14 SO Plan 4963230.0033Part 658872

Waitara Golf Club Land

Legal descriptionArea (hectares)Record of title
Lot 2 DP 45539017.7816Part 585942
Blocks VI, XII, XVIII Town of Waitara East2.6912TN140/263

Part 4 Council option properties

Barclay Park

Legal descriptionArea (hectares)Record of title
Sections 7, 9, and 11 Block LXXV Town of Waitara West0.3036TNF4/1027

East Quay

Legal descriptionArea (hectares)Record of title
Sections 1, 3, 5, 7, and 9 Block XXXVI and Sections 7-13 Block XXVII Town of Waitara East1.2440Part 726136

Kinkade Park

Legal descriptionArea (hectares)Record of title
Lots 17 and 18 DP 4512891.0656575172
Part Block CXXIV Town of Waitara West0.0055725698
Section 15 SO Plan 4963230.2108Part 725697

Larsen Park

Legal descriptionArea (hectares)Record of title
Lot 7 DP 81330.0893535090

Manukorihi Park

Legal descriptionArea (hectares)Record of title
Part Section 96 Waitara East District1.5336841968
Part Lot 13 DP 140092.3844846586
Section 1 SO 124092.0806TNH3/970

Manukorihi Reserve

Legal descriptionArea (hectares)Record of title
Lot 3 DP 159750.4576845480

Memorial Park

Legal descriptionArea (hectares)Record of title
Sections 1-4 Block 85 Town of Waitara West0.4047TN58/245

Pennington Park

Legal descriptionArea (hectares)Record of title
Lot 2 DP 90050.1394TNA1/249
Sections 1, 3, 5, 7, 9, and 11 Block XXXVII Town of Waitara East0.6070TN167/232
Sections 1-2 Block XLVI Town of Waitara East0.2024TNH1/1237
Sections 3-4 Block XLVI Town of Waitara East0.2024TNG3/923
Section 6 Block XXXVII Town of Waitara East0.1012TNH1/1229
Section 10 Block XXXVII Town of Waitara East0.1012TNH1/1231
Section 12 Block XXXVII Town of Waitara East0.1012TNH1/1232
Section 13 Block XXXVII Town of Waitara East0.0357TN203/52
Section 8 Block XXXVII Town of Waitara East0.1012TNH1/1230
Section 5 Block XLVI Town of Waitara East0.1012TNH1/1234

Ranfurly Park property A

Legal descriptionArea (hectares)Record of title
Part Section 1 Block CXXXV Town of Waitara West (being the land formerly held in records of title TN93/44 and TNA1/278)4.8651
(subject to survey)
Part TNC1/177

Tangaroa Reserve

Legal descriptionArea (hectares)Record of title
Lot 57 DP 5023110.8247759651
Lot 60 DP 4940250.1256737463

Victoria Park

Legal descriptionArea (hectares)Record of title
Part Lot 15 DP 93700.4993TNC2/219
Lots 1-6, 11-12 DP 93700.0976TNA3/225
Lot 7 DP 93700.0089TNF4/255
Lot 8 DP 93700.0089TNF3/47

West Quay

Legal descriptionArea (hectares)Record of title
Part Section 13 DP 34100.0086684368
Part Lot 24 DP 40220.0111684298
Part Lot 1 DP 67950.0340666585
Balance Allotment A, B SO 47950.5994TN90/92 Part cancelled
Part Lot 3 DP 67950.0281666589
Part Section B Town of Waitara West0.0229684296
Part Lot 4 DP 67950.0080684208

Part 5 Crown purchase properties

James Nuku Reserve

Legal descriptionArea (hectares)Record of title
Blocks X and XI Town of Waitara East2.4432Part TNH1/1238

Joll Street Reserve

Legal descriptionArea (hectares)Record of title
Part Section 18 Waitara East District9.7037841966

Pukekohe Domain

Legal descriptionArea (hectares)Record of title
Block CXV Town of Waitara West6.0804773306

Ranfurly Park property B

Legal descriptionArea (hectares)Record of title
Part Section 1 Block CXXXV Town of Waitara West (being the land formerly held in record of title TN69/196) 3.1472
(subject to survey)
Part TNC1/177

Te Puna Park

Legal descriptionArea (hectares)Record of title
Block LVIII Town of Waitara East1.2216Part TNH1/1238
Legislative history

14 September 2016

Introduction (Bill 174–1)

21 September 2016

First reading and referral to Māori Affairs Committee

2 August 2017

Reported from Māori Affairs Committee (Bill 174–2)

9 August 2018

Second reading

12 December 2018

Committee of the whole House, third reading

18 December 2018

Royal assent