Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014

19 Maungakiekie / One Tree Hill

(1)

The reservation of Maungakiekie / One Tree Hill as a recreation reserve subject to the Reserves Act 1977 is revoked.

(2)

The fee simple estate in Maungakiekie / One Tree Hill then vests in the trustee.

(3)

Maungakiekie / One Tree Hill is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(4)

The Maunga Authority is the administering body of Maungakiekie / One Tree Hill for the purposes of the Reserves Act 1977, and that Act applies as if Maungakiekie / One Tree Hill were a reserve vested in the administering body.

(5)

Subsections (1) to (4) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.

(6)

The easement—

(a)

is enforceable in accordance with its terms despite—

(i)

the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

(ii)

any rule of law; and

(b)

is to be treated as having been granted in accordance with the Reserves Act 1977.