77A Nga Whenua Rahui kawenata

(1)

Notwithstanding any enactment or rule of law,—

(a)

if satisfied that any Maori land or Crown land held under a Crown lease by Maori should be managed so as to preserve and protect—

(i)

the natural environment, landscape amenity, wildlife or freshwater-life or marine-life habitat, or historical value of the land; or

(ii)

the spiritual and cultural values which Maori associate with the land,—

the Minister may, subject to subsection (2), treat and agree with the owner or the lessee for a Nga Whenua Rahui kawenata to provide for the management of the land in a manner that will achieve those purposes:

(b)

a Nga Whenua Rahui kawenata under this section may be in perpetuity or for any specific term or may be in perpetuity subject to a condition that at agreed intervals of not less than 25 years the parties to the Nga Whenua Rahui kawenata shall review the objectives, conditions, and continuance of the Nga Whenua Rahui kawenata; and on such review the parties may mutually agree that the Nga Whenua Rahui kawenata shall be terminated, or the owner or lessee may terminate the Nga Whenua Rahui kawenata on giving such notice (being not less than 6 months) as may be agreed. The Crown shall have regard to the manawhenua of the owner or lessee in any such review:

(c)

while any Nga Whenua Rahui kawenata under this section remains in force, sections 93 to 105, as far as they are applicable and with the necessary modifications, but subject to the terms of the Nga Whenua Rahui kawenata, shall apply to the land affected thereby in all respects as if it were a reserve, notwithstanding that the land or the interest of the lessee may be sold or otherwise disposed of:

(d)

every such Nga Whenua Rahui kawenata shall run with and bind the land that is subject to the burden of the Nga Whenua Rahui kawenata, and shall be deemed to be an interest in land for the purposes of the Land Transfer Act 2017:

(e)

where a Nga Whenua Rahui kawenata is entered into under this section, the Registrar-General of Land, on the application of the Commissioner, shall, without fee, enter on the appropriate record of title relating to the land that is subject to the burden of the Nga Whenua Rahui kawenata a notification thereof:

(f)

subject to sections 78, 82, 83, 84, 89, 90, 95, 105, and 110, any money payable as consideration for a Nga Whenua Rahui kawenata shall be paid out of money appropriated by Parliament; and references in those provisions to a conservation covenant shall be read as references to a Nga Whenua Rahui kawenata.

(2)

In the case of a Crown lease other than a lease administered by the Department of Conservation, the consent of the Minister of Lands shall be required before a Nga Whenua Rahui kawenata is entered into, and that Minister may give consent subject to the inclusion of any condition in the Nga Whenua Rahui kawenata or conditions, and may agree to a reduction in rent if, having regard to the basis for fixing the rent, it appears fair and equitable to do so.

(3)

In the case of a Crown lease administered by the Department of Conservation, the Minister may agree to a reduction in rent if, having regard to the basis for fixing the rent, it appears fair and equitable to do so.

(4)

Where the burden of a Nga Whenua Rahui kawenata under this section applies to land comprising part of the land in a record or instrument of title, the Registrar-General of Land shall not enter in any register a notification of the Nga Whenua Rahui kawenata unless—

(a)

the land to which the Nga Whenua Rahui kawenata relates is defined on an existing plan approved under the Land Transfer Act 2017 or a new plan approved under that Act; or

(b)

the document incorporating the Nga Whenua Rahui kawenata is accompanied by a certificate given by the Surveyor-General, or the Chief Surveyor of the land district in which the land is situated, to the effect that the Nga Whenua Rahui kawenata is adequately described and properly defined—

(i)

for the nature of the Nga Whenua Rahui kawenata; and

(ii)

in relation to existing surveys made in accordance with regulations for the time being in force for the purpose; and

(iii)

in accordance with standards agreed from time to time by the Director-General and either the Surveyor-General or Chief Surveyor, as the case may be.

Section 77A: inserted, on 24 March 1993, by section 3 of the Reserves Amendment Act 1993 (1993 No 8).

Section 77A(1)(d): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 77A(1)(e): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 77A(4): replaced, on 25 November 1994, by section 6 of the Reserves Amendment Act 1994 (1994 No 110).

Section 77A(4): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 77A(4)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).