In this Act, unless the context otherwise requires,—

This Act binds the Crown.

(1) The closed roads are declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(2) The following lands are included as part of the recreation reserve known as the Arikikapakapa Reserve in Schedule 2 of the Tourist and Health Resorts Control Act 1908:

• (a) the closed roads:

• (b) the Arikikapakapa section 8 land:

• (c) the Arikikapakapa section 101 land.

(3) Subsection (2) has effect despite anything in the Reserves Act 1977 or the Tourist and Health Resorts Control Act 1908.

(4) Immediately after the inclusion of those lands in the Arikikapakapa Reserve,—

• (a) the reservation of the Southern Arikikapakapa Reserve as land comprised in a recreation reserve subject to section 17 of the Reserves Act 1977 is revoked; and

• (b) accordingly,—

  • (i) the Southern Arikikapakapa Reserve ceases to be part of the Arikikapakapa Reserve; and

  • (ii) the Tourist and Health Resorts Control Act 1908 ceases to apply to the Southern Arikikapakapa Reserve.

(5) Sections 24 and 25 of the Reserves Act 1977 (which relate to the revocation of reserves) do not apply to the revocation under subsection (4)(a).

(6) The reference in Schedule 2 of the Tourist and Health Resorts Control Act 1908 to the Arikikapakapa Reserve is to be read subject to the provisions of this section.

(1) The fee simple estate in the Southern Arikikapakapa Reserve vests in the joint trustees subject to—

• (a) the provisions of this Act; and

• (b) the encumbrances and other matters listed in respect of the Southern Arikikapakapa Reserve in Schedule 2.

(2) The vesting is subject to the joint trustees doing the things required by section 13.

(1) The Southern Arikikapakapa Reserve is declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(2) The reserve created by subsection (1) is named the Southern Arikikapakapa Reserve, and section 16(10) of the Reserves Act 1977 has effect as if that name had been specified in a notice under that section.

(1) The vesting of the Southern Arikikapakapa Reserve under this Part is a disposition of land by the Crown for the purposes of Part 4A of the Conservation Act 1987 (which relates to marginal strips).

(2) However, sections 24, 24A, and 24AA of that Act do not apply to the vesting, except as provided in subsection (3).

(3) If the reservation of the Southern Arikikapakapa Reserve under section 7(1) is subsequently revoked in relation to all or a part of the land comprised in the Reserve,—

• (a) section 24 of the Conservation Act 1987 is to be treated, with effect from the date of revocation, as having applied to the vesting to the extent of the land in relation to which the reservation is revoked; and

• (b) the requirement in subsection (2A) of that section is to be treated as having been complied with in respect of that land.

(1) Section 11 and Part 10 of the Resource Management Act 1991 (which relate to subdivisions and reclamations) do not apply to—

• (a) the vesting of the fee simple estate in the Southern Arikikapakapa Reserve under this Part; or

• (b) any matter incidental to, or required for the purpose of, that vesting.

(2) The vesting of the fee simple estate in the Southern Arikikapakapa Reserve under this Part does not—

• (a) limit section 10 or 11 of the Crown Minerals Act 1991; or

• (b) affect other rights to subsurface minerals; or

• (c) limit the rights and obligations of the Crown or of a local authority in respect of geothermal energy (as defined by section 2(1) of the Resource Management Act 1991) under any enactment or rule of law.

(1) Sections 48A, 114, and 115 of the Reserves Act 1977 apply to the Southern Arikikapakapa Reserve, despite sections 48A(6), 114(5), and 115(6) of that Act.

(2) Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply to the Southern Arikikapakapa Reserve.

(3) If the reservation of the Southern Arikikapakapa Reserve under section 7(1) is revoked under section 24 of the Reserves Act 1977 in relation to all or a part of the land comprised in the Reserve, section 25 of that Act, except subsection (2), does not apply to the revocation.

(1) The fee simple estate in the Whakarewarewa Thermal Springs Reserve vests in the joint trustees subject to—

• (a) the provisions of this Act; and

• (b) the encumbrances and other matters listed in respect of the Whakarewarewa Thermal Springs Reserve in Schedule 2.

(2) The vesting is subject to the joint trustees doing the things required by section 13.

(3) The vesting has effect despite anything in the Affiliate Te Arawa Act that regulates the transfer of land comprised in the Whakarewarewa Thermal Springs Reserve.

(4) The vesting does not affect—

• (a) the status of the Whakarewarewa Thermal Springs Reserve as a recreation reserve by virtue of the Affiliate Te Arawa Act; or

• (b) the application of the Reserves Act 1977 or the Conservation Act 1987 to the Whakarewarewa Thermal Springs Reserve as provided in the Affiliate Te Arawa Act.

(1) The fee simple estate in the Roto-a-Tamaheke Reserve vests in the joint trustees subject to—

• (a) the provisions of this Act; and

• (b) the encumbrances and other matters listed in respect of the Roto-a-Tamaheke Reserve in Schedule 2.

(2) The vesting is subject to the joint trustees doing the things required by section 13.

(3) The vesting has effect despite anything in the Affiliate Te Arawa Act that regulates the transfer of land comprised in the Roto-a-Tamaheke Reserve.

(4) The vesting does not affect—

• (a) the status of the Roto-a-Tamaheke Reserve as a recreation reserve by virtue of the Affiliate Te Arawa Act; or

• (b) the application of the Reserves Act 1977 or the Conservation Act 1987 to the Roto-a-Tamaheke Reserve as provided in the Affiliate Te Arawa Act.

The joint trustees must—

• (a) enter into registrable deeds of surrender in respect of the existing Whakarewarewa Thermal Springs lease, the existing Arikikapakapa lease, and the existing Arikikapakapa section 101 lease; and

• (b) grant a registrable lease to MACI in respect of the Whakarewarewa Thermal Springs Reserve substantially in the form set out in Schedule 5 of the vesting deed; and

• (c) grant a registrable lease to MACI in respect of the Southern Arikikapakapa Reserve substantially in the form set out in Schedule 6 of the vesting deed; and

• (d) grant to the Rotorua District Council a registrable easement, substantially in the form set out in Schedule 9 of the vesting deed, for the right to convey water over the area (comprising the route of the pipeline and the existing pump sheds and associated facilities) indicated on the diagram in Schedule 10 of that deed (the final easement being subject to survey) in order to formalise the use right existing at the date of the vesting deed.

(1) The Minister of Tourism may execute any of the following documents on behalf of MACI as lessee:

• (a) a deed of surrender referred to in section 13(a):

• (b) a lease referred to in section 13(b) or (c).

(2) If the Minister does so, the document has effect as if it were properly executed by MACI as lessee in accordance with the New Zealand Maori Arts and Crafts Institute Act 1963 and any rules made under that Act.

The leases referred to in section 13(b) and (c)—

• (a) are enforceable in accordance with their terms despite the provisions of the Reserves Act 1977 and the Tourist and Health Resorts Control Act 1908; and

• (b) are to be treated as having been granted in accordance with those Acts.

The lessor of the leases referred to in section 13(b) and (c) is entitled to receive and use the annual rent payable under the leases for any purpose, despite the provisions of the Reserves Act 1977.

(1) The Registrar-General of Land must, on written application by the chief executive,—

• (a) create a computer freehold register and register the joint trustees as the proprietors of the fee simple estate in the Southern Arikikapakapa Reserve; and

• (b) enter on the register any encumbrances or other matters that are registered, notified, or notifiable in respect of the Southern Arikikapakapa Reserve and that are described in the application.

(2) Subsection (1) is subject to the completion of any survey necessary to create the computer freehold register.

(3) The computer freehold register must be created as soon as is reasonably practicable, but no later than—

• (a) 24 months after the fee simple estate in the Southern Arikikapakapa Reserve vests in the joint trustees; or

• (b) any later date that may be agreed in writing by the joint trustees and the Crown.

(4) The Registrar-General of Land must make the following notifications on the computer freehold register:

• (a) that the land is subject to Part 4A of the Conservation Act 1987:

• (b) that section 24 of that Act does not apply to the land:

• (c) that the land is subject to section 8(3) of this Act:

• (d) that the land is subject to section 20 of this Act.

(5) A notification made under subsection (4)(a) is to be treated as having been made in compliance with section 24D(1) of the Conservation Act 1987.

(6) If the reservation of the Southern Arikikapakapa Reserve under this Part is revoked in relation to the whole of the land comprised in the Reserve,—

• (a) the Director-General of Conservation must apply in writing to the Registrar-General of Land to remove the notifications made under subsection (4)(b), (c), and (d) from the computer freehold register for the Southern Arikikapakapa Reserve; and

• (b) the Registrar-General must comply with any such application.

(7) If the reservation of the Southern Arikikapakapa Reserve under this Part is revoked in relation to a part of the land comprised in the Reserve, the Registrar-General of Land must ensure that the notifications made under subsection (4)(b), (c), and (d) remain only on the computer freehold register for the part of the land that remains a reserve.

(1) The Registrar-General of Land must, on written application by the chief executive,—

• (a) register the joint trustees as the proprietors of the fee simple estate in—

  • (i) the Whakarewarewa Thermal Springs Reserve; and

  • (ii) the Roto-a-Tamaheke Reserve; and

• (b) enter on the register any encumbrances or other matters that are registered, notified, or notifiable in respect of those Reserves and that are described in the applications.

(2) The Registrar-General of Land must—

• (a) remove the notifications recording that those Reserves are subject to section 117 of the Affiliate Te Arawa Act; and

• (b) make a notification recording that they are subject to section 20 of this Act.

(3) If the reservation under the Affiliate Te Arawa Act of either of those Reserves is revoked in relation to the whole of the land comprised in the Reserve,—

• (a) the Director-General of Conservation must apply in writing to the Registrar-General of Land to remove the notification made under subsection (2)(b) from the computer freehold register for that Reserve; and

• (b) the Registrar-General must comply with any such application.

(4) If the reservation under the Affiliate Te Arawa Act of either of those Reserves is revoked in relation to a part of the land comprised in the Reserve, the Registrar-General of Land must ensure that the notification made under subsection (2)(b) remains only on the computer freehold register for the part of the land comprised in that Reserve that remains a reserve.

The joint trustees are the administering body of the Southern Arikikapakapa Reserve, the Whakarewarewa Thermal Springs Reserve, and the Roto-a-Tamaheke Reserve for the purposes of the Reserves Act 1977.

(1) This section applies to the Southern Arikikapakapa Reserve, the Whakarewarewa Thermal Springs Reserve, or the Roto-a-Tamaheke Reserve so long as the land, or any part of the land, comprised in the Reserve remains a reserve under the Reserves Act 1977 after vesting under this Act.

(2) In relation to such a Reserve, the land (or, as the case may be, the part of the land) that remains a reserve is referred to in this section as the reserve land.

(3) The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law.

(4) The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners) if, upon written application, the registered proprietors of the reserve land satisfy the Minister of Conservation that the new owners meet the relevant conditions.

(5) The relevant conditions are—

• (a) that the new owners are able to comply with the requirements of the Reserves Act 1977; and

• (b) that the new owners are able to perform the duties of an administering body under that Act.

(6) The Registrar-General of Land must, upon receiving the documents specified in subsection (7), register the new owners as the proprietors of the fee simple estate in the reserve land.

(7) The documents are—

• (a) a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer; and

• (b) the written consent of the Minister of Conservation to the transfer of the reserve land; and

• (c) any other document required for registration of the transfer instrument.

(8) The new owners, from the time of registration under subsection (6),—

• (a) are the administering body of the reserve land for the purposes of the Reserves Act 1977; and

• (b) hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.

(9) This section does not apply to a transfer of the fee simple estate in the reserve land if—

• (a) the transferors of the reserve land are or were the trustees of a trust; and

• (b) the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and

• (c) the instrument to transfer the reserve land is accompanied by a certificate, given by the transferees or the transferees' solicitor, verifying that the conditions in paragraphs (a) and (b) are met.

(1) On the coming into force of section 20, any provisions of the Affiliate Te Arawa Act that correspond to that section, as it applies to the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve, are to cease to have effect in relation to those Reserves.

(2) The Affiliate Te Arawa Act must be read in accordance with this section.

(1) Neither the rule against perpetuities nor any provisions of the Perpetuities Act 1964 prescribes or restricts the period during which—

• (a) the joint trust may exist in law; or

• (b) the joint trustees may hold or deal with property (including income derived from the property).

(2) However, if the joint trust becomes a charitable trust,—

• (a) subsection (1) ceases to apply; and

• (b) the application of the rule against perpetuities and the provisions of the Perpetuities Act 1964 must be determined under the general law.

(3) The rule against perpetuities and the provisions of the Perpetuities Act 1964 do not apply to a document entered into to give effect to the vesting deed if and so far as application of that rule or those provisions would otherwise make the document, or a right conferred by the document, invalid or ineffective.

For the purposes of the Income Tax Act 2007,—

• (a) the joint trustees are deemed to be trustees of a trust falling within section HF 2(3) of that Act; and

• (b) accordingly, the joint trustees are deemed to be eligible under that section to make an election under section HF 11 of that Act to become a Māori authority.

The Minister of Conservation may direct that any intra-Crown payment for the Southern Arikikapakapa Reserve be paid and applied in the manner specified in section 82(1)(a) of the Reserves Act 1977.

(1) This section applies if—

• (a) the beneficial interest in the Reserves vested in the joint trustees under Part 2 is determined in accordance with the beneficial entitlement determination procedure referred to in the vesting deed; and

• (b) following that determination, the joint trustees apply in writing to the Minister of Māori Affairs to subdivide and transfer 1 or more of those Reserves; and

• (c) the Minister of Māori Affairs certifies in writing that the subdivision and transfer complies with the conditions set out in the vesting deed; and

• (d) the Reserve or Reserves in question (relevant Reserves) remain reserves under the Reserves Act 1977 at the time of the subdivision and transfer.

(2) The Minister of Māori Affairs must give the certificate required by subsection (1)(c) if he or she is satisfied that the subdivision and transfer complies with the conditions set out in the vesting deed, but no more than 1 certificate may be given for the purposes of this section.

(3) If this section applies, section 11 and Part 10 of the Resource Management Act 1991 do not apply to the subdivision and transfer or to any matter incidental to or required for the purpose of it.

(4) However, the subdivision and transfer may not take place unless the Minister of Conservation consents in writing to the transfer.

(5) The Minister of Conservation must give that consent if, upon written application, the joint trustees satisfy the Minister of Conservation that the first transferee of each resulting parcel of land—

• (a) is able to comply with the requirements of the Reserves Act 1977; and

• (b) is able to perform the duties of an administering body under that Act.

(6) In this Part,—

(7) The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way that may be required for the purposes of the subdivision and transfer.

(8) Nothing in this section affects or limits the application of any enactment or rule of law to a subdivision of a relevant Reserve if this section does not apply.

(1) If a relevant Reserve is subdivided and transferred in accordance with section 25, each resulting parcel of land is to be treated, with effect from the transfer date, as a separate recreation reserve subject (in each case) to section 17 of the Reserves Act 1977.

(2) With effect from the transfer date, the first transferee of a resulting parcel of land—

• (a) is the administering body of the reserve comprising that parcel of land for the purposes of the Reserves Act 1977; and

• (b) holds that parcel of land for the same reserve purposes as it was held by the administering body immediately before the transfer.

(3) Transfer date means the date of registration for all of the resulting parcels of land in accordance with section 29.

(1) If the Southern Arikikapakapa Reserve is subdivided and transferred in accordance with section 25,—

• (a) section 8(3) must be applied separately to each parcel of land resulting from the subdivision of that Reserve; and

• (b) accordingly, the reference there to the Southern Arikikapakapa Reserve must be read as a reference to a parcel of land resulting from that subdivision.

(2) If the Whakarewarewa Thermal Springs Reserve or the Roto-a-Tamaheke Reserve is subdivided and transferred in accordance with section 25,—

• (a) section 112(4) of the Affiliate Te Arawa Act (as it applies to that Reserve) must be applied separately to each parcel of land resulting from the subdivision of that Reserve; and

• (b) accordingly, the reference there to a reserve site (as it applies to that Reserve) must be read as a reference to a parcel of land resulting from that subdivision.

(1) Sections 48A, 114, and 115 of the Reserves Act 1977 apply to each reserve comprising a resulting parcel of land, despite sections 48A(6), 114(5), and 115(6) of that Act.

(2) Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply to any such reserve.

(3) If the reservation of a resulting parcel of land is revoked under section 24 of the Reserves Act 1977 in relation to all or a part of the land comprised in the reserve, section 25 of that Act, except subsection (2), does not apply to the revocation.

(1) For each resulting parcel of land, the Registrar-General of Land must, upon receiving the documents specified in subsection (2),—

• (a) create a computer freehold register and register the first transferee as the proprietor of the fee simple estate in the parcel of land; and

• (b) make the appropriate entries on the register.

(2) The documents are—

• (a) a transfer instrument to transfer the fee simple estate in the parcel of land to the first transferee, including a notification that the first transferee is to hold the parcel of land for the same reserve purposes as it was held by the administering body immediately before the transfer; and

• (b) the written consent of the Minister of Conservation to the transfer of the parcel of land; and

• (c) any other document required for registration of the transfer instrument.

(3) Subsection (1) is subject to the completion of any survey necessary to create the computer freehold register for the resulting parcel of land.

(4) Without prejudice to the generality of subsection (1)(b), the Registrar-General must, for each resulting parcel of land,—

• (a) amend the notification recording that the land is subject to the relevant suspension provision, so that it has effect subject to section 27 of this Act; and

• (b) remove the notification recording that the parcel of land is subject to section 20 of this Act; and

• (c) make a notification recording that the parcel of land is subject to section 32 of this Act.

(5) The relevant suspension provision is,—

• (a) in the case of the Southern Arikikapakapa Reserve, section 8(3) of this Act:

• (b) in the case of the Whakarewarewa Thermal Springs Reserve or the Roto-a-Tamaheke Reserve, section 112(4) of the Affiliate Te Arawa Act.

(1) If the Southern Arikikapakpapa Reserve is subdivided and transferred in accordance with section 25, section 17(6) and (7) cease to apply.

(2) If the Whakarewarewa Thermal Springs Reserve or the Roto-a-Tamaheke Reserve is subdivided and transferred in accordance with section 25, section 113(3) of the Affiliate Te Arawa Act and section 18(3) and (4) of this Act cease to apply with respect to that Reserve.

(1) If the reservation of a resulting parcel of land is revoked in relation to the whole of the land comprised in the parcel of land,—

• (a) the Director-General of Conservation must apply in writing to the Registrar-General of Land to remove the relevant notifications from the computer freehold register for the parcel of land; and

• (b) the Registrar-General must comply with any such application.

(2) If the reservation of a resulting parcel of land is revoked in relation to a part of the land comprised in the parcel of land, the Registrar-General of Land must ensure that the relevant notifications remain only on the computer freehold register for the part of the land that remains a reserve.

(3) The relevant notifications are the notifications recording—

• (a) that section 24 of the Conservation Act 1987 does not apply to the land:

• (b) that the land is subject to the relevant suspension provision and to section 27 of this Act:

• (c) that the land is subject to section 32 of this Act.

(4) The relevant suspension provision has the meaning given by section 29(5).

(1) This section applies to a resulting parcel of land so long as the land, or any part of the land, comprised in the parcel of land remains a reserve under the Reserves Act 1977 after the subdivision and transfer of a relevant Reserve in accordance with section 25.

(2) The land (or, as the case may be, the part of the land) that remains a reserve is referred to in this section as the reserve land.

(3) The fee simple estate in the reserve land may be transferred to any other person only in accordance with this section, despite any other enactment or rule of law.

(4) The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners) if, upon written application, the registered proprietors of the reserve land satisfy the Minister of Conservation that the new owners meet the relevant conditions.

(5) The relevant conditions are—

• (a) that the new owners are able to comply with the requirements of the Reserves Act 1977; and

• (b) that the new owners are able to perform the duties of an administering body under that Act.

(6) The Registrar-General of Land must, upon receiving the documents specified in subsection (7), register the new owners as the proprietors of the fee simple estate in the reserve land.

(7) The documents are—

• (a) a transfer instrument to transfer the fee simple estate in the reserve land to the new owners, including a notification that the new owners are to hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer; and

• (b) the written consent of the Minister of Conservation to the transfer of the reserve land; and

• (c) any other document required for registration of the transfer instrument.

(8) The new owners, from the time of registration under subsection (6),—

• (a) are the administering body of the reserve land for the purposes of the Reserves Act 1977; and

• (b) hold the reserve land for the same reserve purposes as it was held by the administering body immediately before the transfer.

(9) This section does not apply to a transfer of the fee simple estate in the reserve land if—

• (a) the transferors of the reserve land are or were the trustees of a trust; and

• (b) the transferees are the trustees of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and

• (c) the instrument to transfer the reserve land is accompanied by a certificate, given by the transferees or the transferees' solicitor, verifying that the conditions in paragraphs (a) and (b) are met.

(1) Neither the rule against perpetuities nor any provisions of the Perpetuities Act 1964 prescribes or restricts the period during which—

• (a) a relevant trust may exist in law; or

• (b) relevant trustees may hold or deal with property (including income derived from the property).

(2) However, if a relevant trust becomes a charitable trust,—

• (a) subsection (1) ceases to apply; and

• (b) the application of the rule against perpetuities and the provisions of the Perpetuities Act 1964 must be determined under the general law.

(3) For the purposes of this section,—

• (a) a trust is a relevant trust if—

  • (i) a resulting parcel of land is transferred to the trustees of that trust as part of the subdivision and transfer of a relevant Reserve in accordance with section 25; and

  • (ii) it is not a charitable trust; and

• (b) relevant trustees are the trustees for the time being of a relevant trust.

For the purposes of the Income Tax Act 2007,—

• (a) the first transferee of each resulting parcel of land is deemed to be a company falling within section HF 2(2) or, as the case may be, trustees of a trust falling within section HF 2(3) of that Act; and

• (b) accordingly, each first transferee is deemed to be eligible under that section to make an election under section HF 11 of that Act to become a Māori authority.