Te Arawa Lakes Settlement Act 2006

40 Limits to rights applying to certain public utilities

(1)

Sections 38 and 39 do not apply to a public utility that is also—

(a)

an existing structure (to the extent that a structure is an existing structure):

(b)

an existing commercial activity of a kind described in item 7 of subpart C of Part 1 of the Cultural Redress Schedule (other than an activity of the Department of Conservation, the Institute of Geological and Nuclear Sciences Limited, or the National Institute of Water and Atmospheric Research Limited).

(2)

The common law right of navigation provided for by section 31 and the right to undertake a recreational activity provided for by section 32 do not apply in the case of a public utility.

(3)

Section 36(3) does not apply in the case of an existing commercial activity that is also a public utility, unless that existing commercial activity is of a kind described in item 7 of subpart C of Part 1 of the Cultural Redress Schedule (other than an activity of the Department of Conservation, the Institute of Geological and Nuclear Sciences Limited, or the National Institute of Water and Atmospheric Research Limited).