This Act may be cited as the Reserves and Other Lands Disposal Act 1993.

Whereas the Crown land described in subsection (3) was, by Orders in Council made pursuant to section 10(1) of the Reserves and Other Lands Disposal Act 1952 (the Gazette 1961 at pages 207 and 675, and 1963 at page 1496), set apart for the purposes of the Ruakura Animal Research Station: And whereas it is desired that the land described in paragraph (a) of subsection (3) be set apart for a university: And whereas it is desired to empower the Minister of Agriculture to grant leases or licences over the land described in paragraphs (b), (c), and (d) of subsection (3) for the purposes of agricultural research and any other research compatible with the purposes for which the Station has been established: And whereas it is desired to enable the land described in paragraphs (e) and (f) of subsection (3) to be declared to be road under section 114 of the Public Works Act 1981: And whereas the proposals are not permitted by the said section 10(1): Be it therefore enacted as follows:

Notwithstanding anything in section 10 of the Reserves and Other Lands Disposal Act 1952 or any other enactment,—

Any lease or licence granted under subsection (1)(b) may be made subject to such terms and conditions as the Minister considers appropriate in each case.

This section relates to the following land:

Whereas section 18(2) of the Reserves and Other Lands Disposal Act 1957 authorised the Minister of Lands to lease the land to which this section relates to such person or persons or to such incorporated body as the Minister considered to be representative of the Ngati Whakaue Tribe for such term and on such conditions and for such purposes as the Minister thought fit: And whereas, pursuant to that provision, by a deed made on 19 March 1973, the Minister of Lands leased the land to the Proprietors of Ngati Whakaue Tribal Lands (hereafter in this section called the lessee) for a term of 33 years from 26 January 1972 for offices for the lessee: And whereas the land is no longer required for that purpose: And whereas the proviso to section 18(2) of the Reserves and Other Lands Disposal Act 1957 provides that if the land is no longer required or used for the purpose for which it was leased, the Minister of Lands may determine the lease and thereupon the land shall revert to the Crown for use as a public domain freed from all rights, title, and interest therein on the part of the lessee: And whereas the lessee desires to use the land for the purposes of Kaumatua housing: And whereas the Minister having responsibility for the land as a reserve under the Reserves Act 1977 is now the Minister of Conservation: And whereas it is desired to empower that Minister to grant a new lease for the purpose intended by the lessee: Be it therefore enacted as follows:

Notwithstanding any other enactment, the Minister of Conservation may lease the land to which this section relates to the lessee for such term and on such conditions and for such purposes as the Minister thinks fit.

On the commencement of a lease under subsection (1), the lease granted to the lessee under section 18(2) of the Reserves and Other Lands Disposal Act 1957 shall be deemed to have been determined.

Notwithstanding paragraph (b) of the existing lease, nothing in that paragraph shall be read as requiring the lessee to remove any buildings.

Amendment(s) incorporated in the Act(s).

This section relates to all that piece of land comprising 2 529 square metres, more or less, being Section 15, Block LVIII, Town of Rotorua, situated in Block I, Tarawera Survey District, and being all the land comprised and described in certificate of title No 20D/123 (South Auckland Registry).

Whereas the land to which this section relates is included in the Urewera National Park: And whereas the land has been developed to effect improvements to State Highway No 38 and is now part of that highway: And whereas it is desired to exclude the land from Urewera National Park: And whereas section 11(1) of the National Parks Act 1980 prohibits the exclusion of land from a national park, except by Act of Parliament: Be it therefore enacted as follows:

The land to which this section relates is hereby excluded from the Urewera National Park.

This section relates to all that piece of land in the South Auckland Land District comprising 136 square metres, more or less, and being Part Section 5, Block XI, Ahikereru Survey District, as shown marked “C” on SO Plan 56824.

Whereas, pursuant to section 15 of the Reserves and Crown Lands Disposal and Enabling Act 1896, the land to which this section relates was vested in the Kaikoura County Council for an estate in fee simple upon trust as a reserve for harbour purposes: And whereas in 1972 by an Order in Council dated 14 February 1972 (the Gazette 1972 at page 303) the land was vested in the Marlborough Harbour Board: And whereas by a notice dated 24 July 1980 (the Gazette 1980 at page 2347) the Assistant Commissioner of Crown Lands, acting pursuant to the Reserves Act 1977, purported to cancel the vesting of the land in the Board: And whereas the purported effect of the notice dated 24 July 1980 was to revest the land in the Crown subject to the former trust: And whereas the land was exchanged for other land and a certificate of title was issued in respect of the land with effect on and from 1 July 1985: And whereas there is doubt as to the validity of the cancellation of the vesting of the land in the Board and the subsequent exchange of that land: And whereas it is desired to revoke the reservation for harbour purposes and validate the cancellation and subsequent exchange and certificate of title issued in respect of the land: Be it therefore enacted as follows:

The reservation imposed in respect of the land to which this section relates by virtue of section 15 of the Reserves and Crown Lands Disposal and Enabling Act 1896 is hereby revoked.

The cancellation of the vesting of the land in the Board, the exchange of the land, and the issuing of certificate of title No 4B/280 in respect of the land are hereby validated and declared always to have been lawful.

The land to which this section relates is all that piece of land comprising 8.153 hectares, more or less, being Section 47, Block XI, Mount Fyffe Survey District, and being all the land comprised and described in certificate of title No 4B/280, Marlborough Registry.

Whereas section 7 of the Reserves and Other Lands Disposal Act 1982 empowers the Minister of Lands to declare certain areas of land adjacent to the foreshore of the Marlborough Sounds to be held as reserves under the Reserves Act 1977: And whereas the said section 7 empowers that Minister to grant licences in respect of any part or parts of any reserve declared under that section: And whereas the responsible Minister under the Reserves Act 1977 is the Minister of Conservation: And whereas it is desirable that the Minister of Conservation be empowered to exercise those powers: And whereas it is desirable to provide for the classification of reserves declared under the said section 7: And whereas it is desirable to repeal subsections (8) and (9) of the said section 7, as those provisions relate to land subject to the Land Act 1948 and are not relevant to land in the conservation estate: And whereas, since 1 April 1987 certain licences have been issued under the said section 7 without lawful authority and it is desirable to validate them and the fees, rentals, and other money collected under them: Be it therefore enacted as follows:

Amendment(s) incorporated in the Act(s).

Notwithstanding anything in section 7 of the Reserves and Other Lands Disposal Act 1982,—

The holder of a licence referred to in subsection (6)(a) shall not be liable to pay any fee, rental, or other amount—

Whereas the land to which this section relates is included in the Westland National Park: And whereas part of the land, being the land described in paragraph (a) of subsection (2), has been developed for roading purposes at the approaches to Kiwi Jacks (Hendes) Creek Bridge: And whereas part of the land, being the land described in paragraph (b) of that subsection, has been developed for roading purposes at the approaches to the McDonalds Creek Bridge: And whereas the remainder of the land, being the land described in paragraphs (c), (d), and (e) of that subsection, is presently used for farming: And whereas it is desired to exclude the land from the park: And whereas section 11(1) of the National Parks Act 1980 prohibits the exclusion of land from a national park, except by Act of Parliament: Be it therefore enacted as follows:

The land to which this section relates is hereby excluded from the Westland National Park.

This section relates to all those pieces of land in the Westland Land District—

Whereas the land to which this section relates is included in the Fiordland National Park: And whereas part of the land, being the land described in paragraphs (a) and (b) of subsection (2), is situated adjacent to Fraser’s Beach on the foreshore of Lake Manapouri and it is desired that the said part be amalgamated with other areas to form a recreation reserve: And whereas the other part of the land, being the land described in paragraphs (c) and (d) of that subsection, is a ranger station situated at Clifden and is no longer required for the purposes of the park: And whereas section 11(1) of the National Parks Act 1980 prohibits the exclusion of land from a national park, except by Act of Parliament: Be it therefore enacted as follows:

The land to which this section relates is hereby excluded from the Fiordland National Park.

This section relates to all those pieces of land in the Southland Land District—

Whereas the land to which this section relates is included in the Mount Aspiring National Park: And whereas it is desired to exclude the land from the Park to provide for it to be dealt with under the Land Act 1948: And whereas the land is presently grazed and is not widely used for recreation purposes: And whereas section 11(1) of the National Parks Act 1980 prohibits the exclusion of land from a national park, except by Act of Parliament: Be it therefore enacted as follows:

The land to which this section relates is hereby excluded from the Mount Aspiring National Park.

The land to which this section relates is hereby declared to be Crown land subject to the Land Act 1948.

This section relates to all that piece of land in the Queenstown Lakes District, Otago Land District, comprising 11.7200 hectares, more or less, being Parts Blocks I and XII and Part Reserve A, Block XII, Dart Survey District, and being part of the land comprised and described in the Gazette 1964 at page 2305 and in the Gazette 1971 at page 1675 (shown marked “A” on SO Plan 23192).

Whereas this section relates to 5 pieces of land vested in the University of Otago as endowments: And whereas it is desired to vest the first and second pieces of land in the Crown subject to the Land Act 1948, to facilitate the setting apart of the land as reserves: And whereas it is desired to authorise the University to grant a right of way in favour of the Crown over the third piece of land: And whereas it is desired that the fourth piece of land be included with other land in a deferred payment licence under the Land Act 1948: And whereas it is desired to authorise the University to sell the fifth piece of land to an adjoining farmer who presently occupies that land: Be it therefore enacted as follows:

The pieces of land described in paragraph (a) and (b) of subsection (7) are hereby vested in the Crown and declared to be Crown land subject to the Land Act 1948.

The University of Otago may grant a right of way in favour of the Crown over the land described in paragraph (c) of subsection (7).

The land described in paragraph (d) of subsection (7) shall be deemed to have been sold pursuant to section 16 of the Reserves and Other Lands Disposal Act 1977 (as amended by section 9 of the Reserves and Other Lands Disposal Act 1981) to the licensee under deferred payment licence No DPF 1638 registered as No 11D/816 (Otago Registry); and the Commissioner of Crown Lands may prepare and sign a certificate under section 113 of the Land Act 1948 incorporating that land in that deferred payment licence.

The land described in paragraph (e) of subsection (7) is hereby—

The University of Otago may sell the land described in paragraph (e) of subsection (7) or any part thereof, and the proceeds of any sale shall be applied in accordance with section 304 of the Education and Training Act 2020.

The land to which this section relates is hereby released from the endowment for which it was vested in the University of Otago by the University of Otago Endowment Ordinance 1870 (Province of Otago).

This section relates to all that land,—

Whereas the land to which this section relates is included in the Abel Tasman National Park: And whereas it is desired to exclude the land from the Park to facilitate its exchange for other land: And whereas the land does not have national values that justify its inclusion in the Park: And whereas the land to be taken in exchange is covered by native forest: And whereas section 11(1) of the National Parks Act 1980 prohibits the exclusion of land from a national park, except by Act of Parliament: Be it therefore enacted as follows:

The land to which this section relates is hereby excluded from the Abel Tasman National Park.

This section relates to all that land comprising 1 944 square metres, more or less, being Sections 1, 2, and 3 on SO Plan 14060, situated in Block IV, Kaiteriteri Survey District, and being all the land comprised and described in certificate of title No 8C/648, Nelson Registry.

Whereas the land to which this section relates is vested in the Manukau City Council: And whereas the Waitangi Tribunal, in its Manukau Harbour Report of 19 July 1985, recommended that the land should be acquired by the Crown and gazetted as a Maori Reservation for the Ngati Te Akitai and Waiohua: And whereas the Manukau City Council desires to transfer the land without consideration to the local Maori community but lacks the legislative authority necessary to enable it to do so: And whereas the land is subject to the Harbour Boards Dry Land Endowment Revesting Act 1991 and cannot be disposed of without the consent of the Minister of Conservation given under section 5 of that Act: Be it therefore enacted as follows:

Notwithstanding anything in the Local Government Act 1974 or the Harbour Boards Dry Land Endowment Revesting Act 1991, the Manukau City Council may transfer the land to which this section relates to the Pukaki Maori Marae Committee (being a committee constituted pursuant to section 9 of the Maori Community Development Act 1962) without consideration but subject to any existing encumbrances, restrictions, and interests affecting the land.

Nothing in section 5 of the Harbour Boards Dry Land Endowment Revesting Act 1991 shall apply to the land to which this section relates.

Amendment(s) incorporated in the Act(s).

The land to which this section relates is all that land—

Whereas the New Zealand Mission Trust Board is registered as the proprietor of the land described in paragraphs (a) and (b) of subsection (8): And whereas the Waiapu Board of Diocesan Trustees is registered as proprietor of the land described in paragraph (c) of that subsection: And whereas those pieces of land are held in trust by virtue of Crown Grant No 49R dated 21 September 1854: And whereas the Waitangi Tribunal, in its Ngati Rangiteaorere Claim Report of 18 December 1990, recommended that the land to which this section relates be acquired by the Crown and vested in Ngati Rangiteaorere as Maori freehold land freed from existing trusts: And whereas the said Boards desire to transfer those lands to various persons as trustees subject to the same trust: And whereas it is desired to empower the registered proprietor for the time being of any of those pieces of land to transfer the land to Rangiteaorere (male deceased): And whereas it is further desired that such lands be held as Maori freehold land for the general benefit of the descendants of Rangiteaorere: And whereas special legislation is necessary to enable such transfers to be effected and to achieve those purposes: Be it therefore enacted as follows:

The registered proprietor for the time being of any piece of land described in subsection (8) may transfer to Rangiteaorere (male deceased) the whole or any part of that land.

Such transfers—

Upon the registration of any such transfer—

For the purposes of this section, the Maori Land Court is hereby authorised and empowered to appoint trustees and constitute trusts in accordance with section 438 of the Maori Affairs Act 1953 or any other provisions for trusts in respect of Maori land hereafter enacted, and may appoint any incorporated body representative of the Iwi as Trustee; and those provisions shall apply with any necessary modifications.

The trustees may from time to time at their discretion execute a declaration of trust declaring that they shall stand possessed of any of the Trust property and any other property settled by negotiation, whether real or personal, upon trust for such purposes referred to in sections 24 to 24F of the Maori Trust Boards Act 1955, or any provisions substituted in their place, as may be specified in the declaration of trust; and the trustees may apply to the Commissioner of Inland Revenue for approval of the Trust so created as a charitable trust within the meaning of the Income Tax Act 1976.

For the purposes of this section, the trustees shall have and may exercise all or any of the powers of a Maori Trust Board under sections 24 to 24F of the Maori Trust Boards Act 1955; and those sections shall apply with the necessary modifications.

The provisions of this section shall have effect notwithstanding anything in any other enactment or rule of law.

This section relates to the following land:

District Land Registrars are hereby authorised and directed to make such entries in their respective registers, and do such other things, as may be necessary to give full effect to the provisions of this Act.