This Act binds the Crown.

The Registrar-General of Land is authorised and directed to make entries in the appropriate registers and to do any other things necessary to give effect to this Act.

Sections 48A(6), 114(5), and 115(6) of the Reserves Act 1977 are repealed.

In sections 7, 8, and 9, Albert Park means the land described in the first paragraph of Schedule 1 of the Auckland Improvement Trust Act 1971.

In section 9,—

Auckland City Council wishes to extend the Auckland Art Gallery, which is sited on land vested in fee simple in the Council.

The land over which the extension is sought is—

The Auckland Improvement Trust Act 1971 prohibits the alienation of the whole or any part of Albert Park.

The Auckland Art Gallery is sited on land vested in Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland). Regional Facilities Auckland is a council-controlled organisation of the Auckland Council.

The Auckland Art Gallery is also sited over part of the reserve known as Albert Park. Albert Park is vested in fee simple in the Auckland Council (as the current local authority for Auckland) under the Auckland Improvement Trust Act 1971.

For ease of administration, Auckland Council wishes to amalgamate into one land title the land on which the Auckland Art Gallery is sited. However, the Auckland Improvement Trust Act 1971 prohibits the alienation of the whole or any part of Albert Park.

The first paragraph in Schedule 1 of the Auckland Improvement Trust Act 1971 is amended by inserting “but excluding any land described in this paragraph or the eleventh paragraph that is included as sections 2 and 3 on SO Plan 374931” after “described in this schedule)”.

The excluded land is amalgamated with the Auckland Art Gallery land.

The excluded land is vested in Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland) to be held in trust for the purposes of encouraging, fostering, and promoting the practice and appreciation of, and public interest in, the arts and culture.

The excluded land is then amalgamated with the Auckland Art Gallery land.

The Registrar-General of Land must—

For the avoidance of doubt, as from the commencement of this Act, the excluded land—

Section 5 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915 creates an offence (amongst others) in respect of excavating, quarrying, terracing, or cutting on the side or slope of a volcanic cone or hill in the Auckland Provincial District that is bounded by or abuts on to a domain or other public reserve without express authorisation from the Governor in Council (now the Governor-General by Order in Council).

The requirement to obtain the consent of the Governor-General to this type of local activity is no longer appropriate. Accordingly, the Department of Conservation wishes to replace this requirement with a requirement to obtain the consent of the Minister of Conservation.

Section 5(1) of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915 is amended by omitting “Governor in Council” and substituting “Minister of Conservation”.

In section 13, Octagon land means the land secondly described in section 2(5) of the Reserves and Other Lands Disposal Act 1957 (being the land in Dunedin City commonly known as the Octagon).

Section 2 of the Reserves and Other Lands Disposal Act 1957 vested the Octagon land in the Corporation of the City of Dunedin (now Dunedin City Council) in trust as a reserve for a site for a public garden subject to—

Dunedin City Council wishes to remove the restriction on the erection of structures on the Octagon land.

The proviso to section 2(2) of the Reserves and Other Lands Disposal Act 1957 is repealed.

In sections 16 and 17, Kahurangi land means the land—

The Kahurangi land was declared to be part of the Kahurangi National Park by the Kahurangi National Park Order 1996 (Gazette 1996, p 977).

However, the Kahurangi land is now used as part of State Highway 6.

The Kahurangi land is excluded from Kahurangi National Park.

The Kahurangi land is declared to be road.

The declaration under subsection (2) must be treated as if it had been made under section 114 of the Public Works Act 1981 and the requirements of that section had been satisfied.

In sections 19 and 20, Lookout Point land means the land described in computer freehold register OT325/79.

In 1885, by Order in Council, the Lookout Point land, as part of a larger block, was set aside for the purposes of an endowment in aid of the funds of the Oamaru Borough Council.

In 1937, by Order in Council, the Lookout Point land was set apart as reserves for an endowment in aid of the funds of the Oamaru Borough Council and, erroneously, made subject to (a predecessor of) the Reserves Act 1977 (Gazette 1937, Vol III, p 2549).

In 1947, a certificate of title in the name of the Oamaru Borough Council was issued for the Lookout Point land. The title carried forward the reference to Reserves Act legislation.

Uncertainty now exists as to whether the Lookout Point land—

The Waitaki District Council, the successor to the Oamaru Borough Council, wishes to have the status of the Lookout Point confirmed as that contemplated in the 1885 Order, namely as endowment land, so that it may sell the land in accordance with sections 140 and 141 of the Local Government Act 2002.

The Lookout Point land is—

Subsection (1) applies—

In sections 22 and 23,—

The Mahinepua Bay reserve land forms part of the bed of Mahinepua Bay. The land, formed by accretion, is a narrow spit just above mean high water mark.

In 1995, the Mahinepua Bay reserve land was declared a local purpose (esplanade) reserve under the Reserves Act 1977 (Gazette 1995, p 1911). In accordance with a notice in the Gazette (2005, p 1807), it is currently administered by the trustees of the adjoining Māori reservation, Mahinepua B1 Block, known as the Mahinepua B1 Māori Reservation.

The Mahinepua Bay reserve land is accessible only over the foreshore or the Mahinepua B1 Māori Reservation.

The local community (including local Members of Parliament, local authorities, iwi, local hapū, community representatives, and the trustees) wish the Mahinepua Bay land to be a Māori reservation for esplanade purposes for the common use and benefit of the people of New Zealand.

The Mahinepua Bay reserve land is—

The trustees must grant an easement over that part of the Mahinepua B1 Block shown as Area A on SO Plan 4048622 for the purposes of providing walking access for the public to the Māori reservation (as set apart under subsection (1)(a)).

The reservation of the Mahinepua Bay reserve land as a local purpose (esplanade) reserve subject to the Reserves Act 1977 is revoked.

The Mahinepua Bay reserve land is then set apart as a Māori reservation (esplanade purposes).

The Mahinepua Bay reserve land then vests in the trustees in trust to hold and administer the land for the common use and benefit of the people of New Zealand.

For the avoidance of doubt, the vesting of the Mahinepua Bay reserve land under subsection (1) is not a disposition of land by the Crown for the purposes of Part 4A of the Conservation Act 1987.

The setting apart of the Mahinepua Bay reserve land as a Māori reservation under subsection (1)(a) must be treated as if it had been made under Part 17 of Te Ture Whenua Maori Act 1993 and the requirements of that Part of that Act had been satisfied.

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation under subsection (1) of the reserve status of the Mahinepua Bay reserve land.

In sections 25 to 27,—

The Picton Institute Act 1864 authorised the Superintendent of the Province of Marlborough to convey the Picton Office land to trustees, as a site for the Picton Institute.

The transfer took place but, on the death of the last trustee and with no replacement trustees having been appointed, members of the Picton Institute transferred the Picton Office land to the Mayor, Councillors, and Burgesses of the Borough of Picton by deed of conveyance dated 12 February 1903.

On 13 September 1926, the District Land Registrar issued certificate of title MB29/271 for the Picton Office land in the name of the Mayor, Councillors, and Burgesses of the Borough of Picton.

The current title to the Picton Office land, in the name of the Picton Borough Council, records, amongst other things, that the land is subject to—

The Marlborough District Council, the successor to the Picton Borough Council, now wishes to—

The 1903 transfer is deemed to be and always have been lawful.

The Picton Institute Act 1864 (1864, Sess 10, No 1) is repealed.

The Picton Office land is consequentially no longer subject to the provisions of the Picton Institute Act 1864.

In sections 29 to 34,—

The Nelson–Marlborough District Health Board (the DHB) holds the fee simple title to the French Pass District Nursing Property, the Wairau Hospital Site, East End, and the Braemar Hospital Sites A, B, and C.

In order to better use these properties to provide health and disability support services to its community, and to regularise the uses to which the properties are put, the DHB wishes to remove any references on the titles to a requirement that the land concerned be—

The trust for hospital purposes affecting the French Pass District Nursing Property is cancelled.

The reservation of the French Pass District Nursing Property as reserve under the Reserves and Domains Act 1953 is revoked.

The revocation of status under subsection (2) must be treated as if—

The trust for a public hospital site affecting the Wairau Hospital Site, East End is cancelled.

The endowment affecting the Braemar Hospital Site A is cancelled.

The reservation of the Braemar Hospital Site A as reserve under the Reserves Act 1977 is revoked.

The revocation of status under subsection (2) must be treated as if—

The trust without power of sale affecting the Braemar Hospital Site B is cancelled.

The reservation of the Braemar Hospital Site B as reserve for the purpose of a hospital under the Reserves Act 1977 is revoked.

The revocation of status under subsection (2) must be treated as if—

The trust affecting the Braemar Hospital Site C is cancelled.

The reservation of the Braemar Hospital Site C as reserve for hospital purposes under the Reserves Act 1977 is revoked.

The revocation of status under subsection (2) must be treated as if—

In sections 34B and 34C,—

The Far North District Council wishes to grant easements over part of a local purpose reserve vested in the Council for esplanade purposes to facilitate the operation of a business on land adjoining the reserve.

Some of the proposed easements cannot be granted under section 48 of the Reserves Act 1977.

This section overrides section 48 of the Reserves Act 1977, but does not limit or affect any obligations that a person to whom this section applies may have under the Resource Management Act 1991.

The Far North District Council may grant easements over the esplanade reserve land in favour of the adjoining land.

The easements that may be granted are easements that authorise the current registered proprietor of the adjoining land—

The Council may grant an easement subject to such terms and conditions as the Council thinks fit.

The Council may apply for the registration of the instrument granting an easement against the certificate of title for the esplanade reserve land, and, if it does so, the Registrar-General of Lands must register the instrument granting the easement.

An easement granted under this section expires on the sooner of—

In sections 36 and 37, Paparoa land means the land comprising 666 square metres shown as Area A on SO Plan 12622.

The Paparoa land was declared to be part of the Paparoa National Park by the Paparoa National Park Order 1987 (Gazette 1987, p 5361).

However, the Paparoa land is now used as part of State Highway 6.

The Paparoa land is excluded from Paparoa National Park.

The Paparoa land is declared to be road.

The declaration under subsection (2) must be treated as if it had been made under section 114 of the Public Works Act 1981 and the requirements of that section had been satisfied.

In sections 39 to 41,—

Under section 45 and Schedule 10 of the Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901, the Crown granted the Reserve to Port Chalmers Borough Corporation in trust as a domain with the restriction that the land not be sold or leased.

Despite this prohibition, a lease, dated 15 August 2001, was granted to the Port Chalmers Bowling Club Incorporated over part of the Reserve.

Currently, the Reserve is—

The Dunedin City Council wishes to repeal section 45 of the Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901 and manage and administer the Reserve subject only to the provisions of the Reserves Act 1977. This would allow the Council to—

Section 45 of the Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901 is repealed.

The Bowling Club lease is valid and has always been valid.

Amongst other things, section 9 of the Reserves and Other Lands Disposal Act 1973 empowered the Dunedin City Council (previously the Dunedin City Corporation) to subdivide, develop, lease, and sell the land comprising the Taieri Airport subject to the requirement that as long as any parts of the land were still required for the purposes of an aerodrome, the Corporation was to continue to hold the land for those purposes.

Dunedin City Council now wishes to transfer to a community trust some of the land that is still required for the purposes of an aerodrome.

Section 9 of the Reserves and Other Lands Disposal Act 1973 is amended by inserting the following subsections after subsection (2):

In sections 48 and 49, Waikumete cemetery land means the land comprising 4.11229 hectares being—

The Waikumete cemetery land is a part of Waikumete Cemetery.

Waikumete Cemetery is Crown land classified as a local purpose (site for cemetery) reserve under the Reserves Act 1977. The cemetery is currently vested in the Waitakere City Auckland Council, in trust, for cemetery purposes.

In 1995, the Waitakere City Council, without lawful authority, disposed of the Waikumete cemetery land to a local authority trading enterprise.

The local authority trading enterprise in turn subdivided the Waikumete cemetery land and sold it to private owners as fee simple titles. Most of the land is now developed with residential buildings erected on it.

However, because the titles to the Waikumete cemetery land were created by an invalid process, and contrary to section 112 of the Reserves Act 1977, the land retains its reserve status and remains subject to that Act.

The reservation of the Waikumete cemetery land as a reserve for local purpose (site for cemetery) is revoked.

The revocation of status under subsection (1) must be treated as if—

The dealings referred to in section 48(4) are valid and have always been valid despite section 112 of the Reserves Act 1977.

In sections 51 and 52, trust land means the land comprising 203.7996 hectares contained in computer freehold register 78214 (being sections 23 and 26, Block VII, Pirongia Survey District).

On 9 June 1942, Te Awamutu Borough Council, Otorohanga County Council, Hamilton Borough Council, Raglan County Council, and Waipa County Council entered into an agreement to purchase the Government interest in the trust land, with Te Awamutu Borough Council holding the land in trust for itself and the other councils for afforestation and water conservation purposes and as a scenic reserve. This agreement was validated by section 10 of the Reserves and Other Lands Disposal Act 1942 and vesting notices published in the Gazette (1958, pp 1240, 1315).

On 15 July 1960, Raglan County Council withdrew from the agreement and a supplementary agreement was signed by the remaining parties to reflect this change. This agreement was also validated in legislation, by section 14 of the Reserves and Other Lands Disposal Act 1960.

Changes to local government organisation in 1970 and 1989 and arrangements between the councils again altered the parties to the original agreement so that, by 2003, the legal and beneficial interest in the trust land resided solely with the Waipa District Council. In addition, the purpose of the reserve had changed from afforestation, water conservation, and scenic purposes to a reserve for afforestation and water conservation purposes (Gazette 1973, p 360).

Waipa District Council now wishes to have the trusts cancelled and the reference to them on the computer register in respect of the trust land removed.

The trusts affecting the trust land are removed.

Despite subsection (1), the trust land continues to be reserve subject to the Reserves Act 1977.

In sections 54 and 55, Westland land means the land comprising—

The Westland land is part of the Westland National Park declared by section 6(1)(i) of the National Parks Act 1980 to be a national park under and subject to the provisions of that Act.

However, the Westland land is now used as part of State Highway 6.

The Westland land is excluded from Westland National Park.

The Westland land is declared to be road.

The declaration under subsection (2) must be treated as if it had been made under section 114 of the Public Works Act 1981 and the requirements of that section had been satisfied.

The Winton Racecourse Reserve Management Ordinance 1873—

So as to enable wider community and independent input into the racecourse, the Department of Conservation wishes to enable the Minister of Conservation to appoint up to 5 trustees at any one time for the racecourse, and to limit each appointment to a 3-year period.

Section 3 of the Winton Racecourse Reserve Management Ordinance 1873 is repealed and the following section substituted:

This section applies to a person who is a trustee of the Winton Racecourse immediately before the commencement of this Act.

As from the commencement of this Act, the person must be treated as if he or she were appointed as a trustee under section 3 of the Winton Racecourse Reserve Management Ordinance 1873 (as amended by section 57 of this Act) as from that commencement date.