New Zealand Legislation: Bills
Bills are proposed Acts
The Whakarewarewa Valley Land comprises the Whakarewarewa Thermal Springs Reserve and the Southern Arikikapakapa Reserve.
The fee simple estate in the Southern Arikikapakapa Reserve is vested in the Crown. Part of the land in the Southern Arikikapakapa Reserve is reserved under the Reserves Act 1977 and administered under the Tourist and Health Resorts Control Act 1908.
The fee simple estate in the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve is being transferred under the Affiliate Te Arawa Iwi and Hapu Claims Settlement legislation (the Affiliate Te Arawa legislation) from the Crown to the trustees of the Te Pūmautanga o Te Arawa Trust (the Te Pūmautanga trustees). Those Reserves are both recreation reserves under the Reserves Act 1977. In the past, they too were administered under the Tourist and Health Resorts Control Act 1908 but, following the transfer to the Te Pūmautanga trustees, the Te Pūmautanga trustees will become the administering body of those Reserves.
Ngāti Whakaue, Tūhourangi Ngāti Wahiao, and the Te Pūmautanga trustees (on behalf of the Affiliate Te Arawa Iwi/Hapū) have entered into a deed with the Crown, dated 5 August 2008, providing for the transfer of the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve to Ngāti Whakaue and Tūhourangi Ngāti Wahiao and for the introduction of vesting legislation to effect the transfer. The deed provides that the transfer will not be in consideration for any Treaty of Waitangi or other claim against the Crown, but rather to assist the Crown’s objective of building healthy relationships with Ngāti Whakaue and Tūhourangi Ngāti Wahiao.
The Bill therefore vests the fee simple estate in the Southern Arikikapakapa Reserve, the Whakarewarewa Thermal Springs Reserve, and the Roto-a-Tamaheke Reserve in a joint trust established by Ngāti Whakaue and Tūhourangi Ngāti Wahiao, subject to certain terms and conditions.
However, in recognition of the wider significance of this land to the public generally, the leases of the land to the New Zealand Māori Arts and Craft Institute (MACI) will remain and the reserve status of the land under the Reserves Act 1977 will be retained. The administering body of the reserves will be the trustees of the joint trust.
The deed establishing the joint trust provides for a beneficial entitlement determination procedure to take place. This may result in the subdivision and transfer of the land on the condition that the land remains subject to the Reserves Act 1977. The Bill therefore includes provision for the subdivision and transfer of the land to new entities as a result of that procedure. The new entities would then become the administering bodies of the parcels of land created by the subdivision.
Clause 1 is the Title clause.
Clause 2 is the commencement clause. The Bill is to come into force on a date to be appointed by the Governor-General by Order in Council. This is to ensure that commencement can be co-ordinated with commencement of the provisions in the Affiliate Te Arawa legislation that vest the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve in the Te Pūmautanga trustees.
Clause 3 is the general interpretation clause. In particular, it defines the 3 sites that are to vest under the Bill. The sites are referred to as the Southern Arikikapakapa Reserve, the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve. It also defines the joint trust established by Ngāti Whakaue and Tūhourangi Ngāti Wahiao to hold the 3 sites.
Clause 4 provides that the Bill binds the Crown.
Clause 5 provides for the reservation under the Reserves Act 1977 of part of the land in the Southern Arikikapakapa Reserve (referred to as the closed roads). By subclause (2), that and other land in the Southern Arikikapakapa Reserve is then incorporated into the recreation reserve known as the Arikikapakapa Reserve. The result is that all the land in the Southern Arikikapakapa Reserve is reserved and incorporated into the Arikikapakapa Reserve. The Arikikapakapa Reserve is administered under the Tourist and Health Resorts Control Act 1908. Subclause (4) then revokes the reservation of the Southern Arikikapakapa Reserve so that it no longer forms part of the Arikikapakapa Reserve and is no longer administered under the Tourist and Health Resorts Control Act 1908.
Clause 6 vests the fee simple estate in the Southern Arikikapakapa Reserve in the trustees of the joint trust. The land is vested subject to the provisions of the Bill and the encumbrances and other matters listed in Schedule 2. Vesting is conditional on the joint trustees signing the various documents mentioned in clause 13. This includes the new leases to be granted to MACI.
Clause 7 declares the Southern Arikikapakapa Reserve to be a new recreation reserve under the Reserves Act 1977 and names it the Southern Arikikapakapa Reserve.
Clause 8 suspends operation of section 24 of the Conservation Act 1987 with respect to the vesting under clause 6. Section 24 deems marginal strips (for example, alongside lakes and rivers) to be reserved from sales and other dispositions of land by the Crown. The suspension means that, in this case, marginal strips are not deemed to be reserved from the vesting. However, the suspension only lasts so long as the Southern Arikikapakapa Reserve remains a reserve under the Reserves Act 1977. If it ceases to be a reserve (in whole or in part), section 24 will then be triggered for the part that ceases to be a reserve. The power under sections 24A and 24AA of the Conservation Act 1987 to reduce or increase the width of a marginal strip will not be triggered, however. The same rules apply to the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve under the Affiliate Te Arawa legislation.
Clause 9 overrides any restrictions in section 11 and Part 10 of the Resource Management Act 1991 that might otherwise apply to the vesting of the Southern Arikikapakapa Reserve in the joint trustees. Section 11 and Part 10 of that Act relate to subdivisions and reclamations. Clause 9 also makes it clear that the vesting does not affect any rights of the Crown under the Crown Minerals Act 1991 to, for example, petroleum, gold, silver, or uranium or any other rights in law to subsurface minerals or geothermal energy.
Clause 10 modifies the application of the Reserves Act 1977 to the Southern Arikikapakapa Reserve. In particular, it applies certain provisions about use of reserve land even though the joint trustees are not appointed as an administering body under section 26 of that Act. It also removes certain restrictions on the joint trustees, for example, as regards the application of money received by way of rent. Section 25(1) of the Reserves Act 1977 is also disapplied. As a result, the Southern Arikikapakapa Reserve will not revert to the Crown if its reserve status is subsequently revoked. Similar modifications apply to the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve under the Affiliate Te Arawa legislation.
Clause 11 vests the Whakarewarewa Thermal Springs Reserve in the trustees of the joint trust. The land is vested subject to the provisions of the Bill and the encumbrances and other matters listed in Schedule 2.
Clause 12 vests the Roto-a-Tamaheke Reserve in the trustees of the joint trust. The land is vested subject to the provisions of the Bill and the encumbrances and other matters listed in Schedule 2.
Clause 13 requires the joint trustees to enter into certain documents as a condition of vesting. The documents include leases to be granted to MACI together with a pipeline easement to be granted to the Rotorua District Council.
Clause 14 allows the Minister of Tourism to execute certain documents on behalf of MACI.
Clause 15 overrides any restrictions or procedural or other requirements that might affect the enforceability of the leases granted by the joint trustees to MACI.
Clause 16 allows the joint trustees to use the rent paid by MACI under the leases for any purpose, not merely for the purposes of the Reserves Act 1977.
Clause 17 provides for the registration of the joint trustees as the new proprietors of the Southern Arikikapakapa Reserve.
Clause 18 provides for the registration of the joint trustees as the new proprietors of the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve.
Clause 19 establishes the joint trustees as the new administering body of the 3 sites vested in them under the Bill.
Clause 20 sets out the rules that apply if the joint trustees or any subsequent owners wish to transfer any of the sites vested in the joint trustees under the Bill. The rules apply only to the extent that the sites remain reserves under the Reserves Act 1977. While the sites remain reserves, transfers may only occur with the consent of the Minister of Conservation, but consent must be given if the Minister is satisfied that the proposed new owners can comply with the Reserves Act 1977 and carry out the duties of an administering body under that Act. These rules do not apply, however, if the transfer is merely to give effect to a change in the trustees of the joint trust (or any subsequent trust).
Clause 21 disapplies the corresponding rules in the Affiliate Te Arawa legislation that regulate the transfer of the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve once the new rules in clause 20 come into force.
Clause 22 exempts the joint trust from the rule against perpetuities (which restricts the length of time that a trust can exist). The exemption ceases if the joint trust becomes a charitable trust.
Clause 23 allows the joint trustees to elect to be a Māori authority for the purposes of the Income Tax Act 2007.
Clause 24 allows the Minister of Conservation to direct that certain intra-Crown payments be applied for reserve purposes.
Clause 25 creates a special regime that is to apply (on a one-off basis) if the joint trustees propose to subdivide 1 or more of the sites vested in them under the Bill. The trust deed establishing the joint trust contemplates a procedure (referred to as the beneficial entitlement determination procedure) for determining the beneficial ownership of the 3 sites. The result of this procedure may require the sites to be subdivided and transferred to new entities in order to reflect the beneficial entitlements. The special regime in clause 25 will be triggered if the Minister of Māori Affairs certifies that the proposed subdivision meets certain criteria. The criteria are listed in the vesting deed and include a requirement that the subdivision will not create so many separate allotments as to adversely affect the integrity of the management of the relevant sites. The special regime allows the transfers to proceed provided the Minister of Conservation is satisfied that the new entities will be able to comply with the Reserves Act 1977 and to carry out their duties as administering bodies under that Act. Subclause (7) overrides the need for permission under the Local Government Act 1974 for certain steps that may have to be taken when the subdivision occurs, for example, the laying of a private road.
Clause 26 ensures that each new parcel of land resulting from the subdivision under clause 25 is to be treated as a separate recreation reserve under section 17 of the Reserves Act 1977 and appoints the new proprietor, in each case, as the administering body.
Clause 27 ensures that the suspension of section 24 of the Conservation Act 1987 (which relates to marginal strips) continues to apply to each parcel of land as it applied to the site before it was subdivided. If the reservation of one of those parcels of land is subsequently revoked, section 24 of the Conservation Act 1987 will then be triggered.
Clause 28 modifies the application of the Reserves Act 1977 to each parcel of land just as it was modified previously for the whole site before it was subdivided.
Clauses 29 to 31 make provision about registration following the subdivision and transfer.
Clause 32 regulates the subsequent transfer of parcels of land. The rules are the same as the ones that applied to the whole site before it was subdivided.
Clause 33 overrides the rule against perpetuities if the new entity that acquires a parcel of land on subdivision is a trust.
Clause 34 allows the new entity that acquires a parcel of land on subdivision to elect to be a Māori authority for the purposes of the Income Tax Act 2007.
