Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014

20 Maungarei / Mount Wellington

(1)

The reservation of the part of Maungarei / Mount Wellington that is a reserve for a site for a borough depot subject to the Reserves Act 1977 is revoked.

(2)

The reservation of the parts of Maungarei / Mount Wellington that are recreation reserve subject to the Reserves Act 1977 is revoked.

(3)

The fee simple estate in Maungarei / Mount Wellington then vests in the trustee.

(4)

The part of Maungarei / Mount Wellington referred to in subsection (1) is then declared a reserve and classified as a local purpose reserve, for the purpose of a site for a council depot, subject to section 23 of the Reserves Act 1977.

(5)

The parts of Maungarei / Mount Wellington referred to in subsection (2) are then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(6)

The Maunga Authority is the administering body of Maungarei / Mount Wellington for the purposes of the Reserves Act 1977, and that Act applies as if Maungarei / Mount Wellington were reserves vested in the administering body.

(7)

Subsections (1) to (6) do not take effect until the trustee has provided—

(a)

Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule; and

(b)

the Auckland Council with a registrable lease on the terms and conditions set out in part 4 of the documents schedule.

(8)

The easement referred to in subsection (7)(a)—

(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.

(9)

The lease referred to in subsection (7)(b)—

(a)

is enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977; and

(b)

is to be treated as having been granted in accordance with that Act.