Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014

  • Sections 12(1)(c) and 134(2) corrected on 30 January 2021 under section 25(1)(m) of the Legislation Act 2012.

Subpart 1—Vesting of maunga (other than Maungauika and Rarotonga / Mount Smart)

18 Matukutūruru

(1)

The reservation of Matukutūruru (being Wiri Historic Reserve) as a historic reserve subject to the Reserves Act 1977 is revoked.

(2)

The fee simple estate in Matukutūruru then vests in the trustee.

(3)

Matukutūruru is then declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

(4)

The Maunga Authority is the administering body of Matukutūruru for the purposes of the Reserves Act 1977, and that Act applies as if Matukutūruru were a reserve vested in the administering body.

(5)

Subsections (1) to (4) do not take effect until the trustee has provided—

(a)

Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule; and

(b)

the Crown with a registrable right of way easement on the terms and conditions set out in part 3 of the documents schedule.

(6)

The easement referred to in subsection (5)(a)—

(a)

is enforceable in accordance with its terms despite—

(i)

the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

(ii)

any rule of law; and

(b)

is to be treated as having been granted in accordance with the Reserves Act 1977.

(7)

The easement referred to in subsection (5)(b)—

(a)

is enforceable in accordance with its terms despite the provisions of the Reserves Act 1977; and

(b)

is to be treated as having been granted in accordance with that Act.