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.
21 Maungawhau / Mount Eden

(1)

The reservation of the part of Maungawhau / Mount Eden that is a historic reserve subject to the Reserves Act 1977 is revoked.

(2)

The reservation of the parts of Maungawhau / Mount Eden that are recreation reserve subject to the Reserves Act 1977 is revoked.

(3)

The fee simple estate in Maungawhau / Mount Eden then vests in the trustee.

(4)

The part of Maungawhau / Mount Eden referred to in subsection (1) is then declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

(5)

The parts of Maungawhau / Mount Eden referred to in subsection (2) are then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

(6)

The Maunga Authority is the administering body of Maungawhau / Mount Eden for the purposes of the Reserves Act 1977, and that Act applies as if Maungawhau / Mount Eden were reserves vested in the administering body.

(7)

Subsections (1) to (6) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.

(8)

The easement—

(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.