Whereas, pursuant to the provisions of section 66 of the Maori Purposes Act 1931, the land and water described in subsection (9) are held by Her Majesty as reserves for the Maoris to whom they were promised and the descendants of those Maoris, and the control and management of the reserves is vested in the Kaiapoi Reserve Board: And whereas it is desired that the land and water comprising the reserves be vested in trustees as hereinafter provided for the purposes of a marae, meeting place, recreation ground, sports ground, church site, burial ground, a place of emotional association, and a place of historical significance and scenic interest, for the common use and benefit of the Tuahuriri Hapu (or subtribe) of the Ngai Tahu people (in this section referred to as the intended purposes): Be it enacted therefore as follows:
(1) The land and water described in subsection (9) is hereby set apart as a Maori reservation, (in this section referred to as the said reservation) to be known as Kaiapoi Pā or Te Pa of Turakautahi or Te Kohaka a Kaikai a Waro, for the intended purposes.
(2) As soon as practicable after the commencement of this Act, the Minister of Maori Affairs shall apply to the Maori Land Court for an order vesting the said reservation, for an estate in fee simple, in the trustees mentioned in subsection (3), who shall be known as Kaiapoi Pā Trustees, to hold and administer subject to the provisions of this section and in accordance with section 439 of the Maori Affairs Act 1953 and the Maori Reservations Regulations 1963; and the Maori Land Court shall thereupon make such order.
(3) The trustees in whom the Maori Land Court shall vest the said reservation shall comprise 3 persons nominated by the people commonly known as the Ngai Tuahuriri Runanga, and 1 person nominated by Te Runanga o Ngai Tahu.
(4) Any new trustee or new trustees appointed by the court pursuant to section 439(7) of the Maori Affairs Act 1953 shall be a person or persons nominated by the people commonly known as the Ngai Tuahuriri Runanga, except that a new trustee to be appointed in the place of a person who was appointed on the nomination of Te Runanga o Ngai Tahu shall be a person nominated by Te Runanga o Ngai Tahu.
(5) The trustee appointed by the court on the nomination of the said Board shall be chairman, and the trustees may from time to time appoint a deputy chairman who may act for and shall have all the powers of the chairman during such time as the chairman, in the opinion of the other trustees, is incapacitated by illness, absence, or other sufficient cause, from performing the duties of chairman.
(6) Upon the date on which the said reservation vests in trustees in accordance with subsections (2) to (5), the Board of Managers called the Kaiapoi Reserve Board shall cease to exist, and all the personal property and all the rights, powers, and privileges appertaining to the Kaiapoi Reserve Board shall vest in the trustees appointed in accordance with this section, who shall become subject to and liable for all claims and liabilities to which the Kaiapoi Reserve Board was subject immediately before that date.
(7) If any of the said land is excluded from the said reservation, or if the said reservation is cancelled, the provisions of section 439(8) of the Maori Affairs Act 1953 shall not enure so as to vest the same in Her Majesty the Queen; but otherwise the persons entitled shall be as determined by an order of the court pursuant to the said section 439(8), except that the court at any time, upon application being made to it by the trustees, shall vest the beneficial interest in the said reservation in Te Runanga o Ngai Tahu.
(8) The provisions of section 66 of the Maori Purposes Act 1931 shall cease to have effect and shall be deemed to be repealed as from the date on which the said reservation vests in trustees in accordance with subsections (2) to (5) of this section.
(9) This section relates to—
(a) all that parcel of land, containing 6.4517 hectares, more or less, situated in the Rangiora Survey District, called Reserve 873A, and known as the old Maori Pa at Kaiapoi:
(b) all that land and water, containing 9.7127 hectares, more or less, situated in Block VIII, Rangiora Survey District, being the balance or southern portion of Reserve 1873, and known as the Waikuku Lagoon.
Section 21(1): amended, on 22 October 1998, by section 271 of the Ngāi Tahu Claims Settlement Act 1998 (1998 No 97).
Section 21(2): amended, on 22 October 1998, by section 271 of the Ngāi Tahu Claims Settlement Act 1998 (1998 No 97).
Section 21(3): amended, on 24 April 1996, by section 34(1) of Te Runanga o Ngai Tahu Act 1996 (1996 No 1 (P)).
Section 21(4): amended, on 24 April 1996, by section 34(1) of Te Runanga o Ngai Tahu Act 1996 (1996 No 1 (P)).
Section 21(7): amended, on 24 April 1996, by section 34(1) of Te Runanga o Ngai Tahu Act 1996 (1996 No 1 (P)).