Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009

Reprint as at 19 November 2010

Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009

Public Act2009 No 50
Date of assent6 November 2009
Commencementsee section 2

Note

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

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

This Act is administered by Te Puni Kōkiri.


Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Interpretation

4 Act binds the Crown

Part 2
Vesting and related matters

Southern Arikikapakapa Reserve

5 Arikikapakapa Reserve

6 Vesting of Southern Arikikapakapa Reserve

7 Reservation of Southern Arikikapakapa Reserve

8 Application of Part 4A of Conservation Act 1987

9 Application of other enactments

10 Modified application of Reserves Act 1977

Other Reserves

11 Vesting of Whakarewarewa Thermal Springs Reserve

12 Vesting of Roto-a-Tamaheke Reserve

Leases, etc

13 Documents to be entered into

14 Minister's power to execute on behalf of MACI

15 Enforceability of leases

16 Receipt and use of annual rent

Registration

17 Registration: Southern Arikikapakapa Reserve

18 Registration: other Reserves

Administering body

19 Change of administering body

Subsequent transfer of Reserves

20 Restrictions on transfer

21 Corresponding provisions cease to apply

Miscellaneous

22 Rule against perpetuities does not apply to joint trust

23 Election of joint trustees to become Māori authority

24 Application of intra-Crown payments

Part 3
Subdivisions

Power to subdivide

25 Need for Ministerial consent

26 Resulting parcels of land to be treated as separate reserves

27 Continuing application of Part 4A of Conservation Act 1987

28 Modified application of Reserves Act 1977 to resulting reserves

Registration

29 Registration of subdivision and transfer

30 Other registration requirements cease to apply

31 Subsequent revocation

Subsequent transfer of parcels of land

32 Restrictions on transfer of parcels of land

Miscellaneous

33 Rule against perpetuities does not apply to first transferees

34 Election of first transferees to become Māori authorities

Schedule 1
Descriptions of land

Schedule 2
Encumbrances and other matters

Reprint notes


  • Preamble

    (1) The Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve are of significant cultural, traditional, historical, and spiritual importance to Ngāti Whakaue and Tūhourangi Ngāti Wahiao:

    (2) The Whakarewarewa Valley Land comprises the Whakarewarewa Thermal Springs Reserve and the Southern Arikikapakapa Reserve:

    (3) The fee simple estate in the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve is vested as follows:

    • (a) the fee simple estate in the Southern Arikikapakapa Reserve is vested in the Crown:

    • (b) the fee simple estate in the Whakarewarewa Thermal Springs Reserve was vested in the Crown but, under the Affiliate Te Arawa Act, is being vested in the Te Pūmautanga trustees:

    • (c) the fee simple estate in the Roto-a-Tamaheke Reserve was vested in the Crown but, under the Affiliate Te Arawa Act, is being vested in the Te Pūmautanga trustees:

    (4) The Whakarewarewa Valley Land is subject to certain leases that are being granted to MACI in connection with the vesting of the fee simple estate in the Whakarewarewa Thermal Springs Reserve under the Affiliate Te Arawa Act:

    (5) The Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve are recreation reserves under the Reserves Act 1977, administered under the Tourist and Health Resorts Control Act 1908. Under the Affiliate Te Arawa Act, the Te Pūmautanga trustees will become the administering body of those Reserves, and the Reserves will be renamed the Whakarewarewa Thermal Springs Recreation Reserve and the Roto-a-Tamaheke Recreation Reserve respectively:

    (6) Some of the land included in the Southern Arikikapakapa Reserve forms part of a recreation reserve under the Reserves Act 1977 known as the Arikikapakapa Reserve. The Arikikapakapa Reserve is administered under the Tourist and Health Resorts Control Act 1908. The Arikikapakapa section 8 land is also a recreation reserve under the Reserves Act 1977 administered under the Tourist and Health Resorts Control Act 1908:

    (7) On 8 April 2008, in order to assist its objective of building healthy relationships with Ngāti Whakaue and Tūhourangi Ngāti Wahiao, the Crown agreed (in principle) to transfer the fee simple estate in the Southern Arikikapakapa Reserve to Ngāti Whakaue and Tūhourangi Ngāti Wahiao, subject to certain conditions. The transfer was not to be consideration or redress of any nature for the settlement of any claim against the Crown that was, or was founded on, a right arising from the Treaty of Waitangi, the principles of the Treaty, or otherwise:

    (8) The Te Pūmautanga trustees agreed to transfer the fee simple estate in the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve to Ngāti Whakaue and Tūhourangi Ngāti Wahiao:

    (9) Ngāti Whakaue and Tūhourangi Ngāti Wahiao agreed to establish a joint trust to hold the fee simple estate in the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve:

    (10) The deed establishing the joint trust includes a procedure for determining the beneficial entitlement to the fee simple estate in the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve and for the possible transfer of some or all of those lands following the determination. Under the vesting deed dated 5 August 2008 (see recital (12)), the Crown acknowledged that Tūhourangi, Ngāti Wahiao (including Ngāti Tukiterangi, Ngāti Huarere and Ngāti Hinganoa) and Ngāti Hurungaterangi, Ngāti Taeotu me Ngāti Te Kahu o Ngāti Whakaue and the Koromatua hapū of Ngāti Whakaue, including the collective of the beneficial owners of Pukeroa Oruawhata block, all have the right to have their claims to the beneficial ownership of the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve independently determined through that procedure:

    (11) Legislation is required to enable the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve to be vested in the trustees of the joint trust and the Crown’s conditions in relation to the vesting to be met:

    (12) A deed to introduce the vesting legislation, dated 5 August 2008, was signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Minister of Māori Affairs, the Minister of Tourism, representatives of Ngāti Whakaue and Tūhourangi Ngāti Wahiao, and the Te Pūmautanga trustees (on behalf of the Affiliate Te Arawa Iwi/Hapū):

The Parliament of New Zealand therefore enacts as follows: