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

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

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

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.

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

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

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

The reservation of Maungakiekie / One Tree Hill as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Maungakiekie / One Tree Hill then vests in the trustee.

Maungakiekie / One Tree Hill is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

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

Subsections (1) to (4) 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.

The easement—

The reservation of the part of Maungarei / Mount Wellington that is a reserve for a site for a borough depot subject to the Reserves Act 1977 is revoked.

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

The fee simple estate in Maungarei / Mount Wellington then vests in the trustee.

The part of Maungarei / Mount Wellington referred to in subsection (1) is then declared a reserve and classified as a local purpose reserve, for the purpose of a site for a council depot, subject to section 23 of the Reserves Act 1977.

The parts of Maungarei / Mount Wellington 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.

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

Subsections (1) to (6) do not take effect until the trustee has provided—

The easement referred to in subsection (7)(a)—

The lease referred to in subsection (7)(b)—

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

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

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

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.

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.

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.

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.

The easement—

The reservation of Mount Albert as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Mount Albert then vests in the trustee.

Mount Albert is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

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

Subsections (1) to (4) 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.

The easement—

The reservation of Mount Roskill as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Mount Roskill then vests in the trustee.

Mount Roskill is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

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

Subsections (1) to (4) 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.

The easement—

The reservation of Mount St John as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Mount St John then vests in the trustee.

Mount St John is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

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

The reservation of Ōhinerau / Mount Hobson as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Ōhinerau / Mount Hobson then vests in the trustee.

Ōhinerau / Mount Hobson is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

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

Subsections (1) to (4) 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.

The easement—

The reservation of the part of Ōhuiarangi / Pigeon Mountain that is a historic reserve subject to the Reserves Act 1977 is revoked.

The reservation of the part of Ōhuiarangi / Pigeon Mountain that is a local purpose (site for community buildings) reserve subject to the Reserves Act 1977 is revoked.

The reservation of the parts of Ōhuiarangi / Pigeon Mountain that are recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Ōhuiarangi / Pigeon Mountain then vests in the trustee.

The part of Ōhuiarangi / Pigeon Mountain 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.

The part of Ōhuiarangi / Pigeon Mountain referred to in subsection (2) is then declared a reserve and classified as a local purpose reserve, for the purpose of a site for community buildings, subject to section 23 of the Reserves Act 1977.

The parts of Ōhuiarangi / Pigeon Mountain referred to in subsection (3) are then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

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

Subsections (1) to (8) 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.

The easement—

The reservation of Ōtāhuhu / Mount Richmond as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Ōtāhuhu / Mount Richmond then vests in the trustee.

Ōtāhuhu / Mount Richmond is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

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

Subsections (1) to (4) 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.

The easement—

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

The reservation of the part of Takarunga / Mount Victoria that is a local purpose (community use) reserve subject to the Reserves Act 1977 is revoked.

The reservation of the part of Takarunga / Mount Victoria that is a local purpose (community buildings) reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Takarunga / Mount Victoria then vests in the trustee.

The parts of Takarunga / Mount Victoria referred to in subsection (1) are then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

The part of Takarunga / Mount Victoria referred to in subsection (2) is then declared a reserve and classified as a local purpose reserve, for the purpose of community use, subject to section 23 of the Reserves Act 1977.

The part of Takarunga / Mount Victoria referred to in subsection (3) is then declared a reserve and classified as a local purpose reserve, for the purpose of community buildings, subject to section 23 of the Reserves Act 1977.

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

Subsections (1) to (8) 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.

The easement—

The reservation of Te Tātua-a-Riukiuta (commonly known as Big King Reserve) as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Te Tātua-a-Riukiuta then vests in the trustee.

Te Tātua-a-Riukiuta is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

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

Subsections (1) to (4) 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.

The easement—

This section applies to improvements attached to the maunga vested in the trustee under this subpart—

An improvement that is governed by an interest to which section 42(1) applies is vested, or remains vested, in accordance with the enactment or agreement by or under which the interest was created.

The improvements specified in part 4.1 of the property redress schedule vest in the trustee.

Any other improvements vest in accordance with subsections (5) to (10).

Improvements owned by the Crown immediately before the vesting and attached to Takarunga / Mount Victoria or Matukutūruru vest in the Maunga Authority.

Improvements owned by the Auckland Council immediately before the vesting remain vested in the Auckland Council. However, the improvements must be treated as if they were vested in the Maunga Authority for the purposes of administering the maunga under the Reserves Act 1977.

The improvements referred to in section 2(3) of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1912 vest in the Cornwall Park Trust Board.

An improvement to which any of subsections (5) to (7) apply—

Any other improvement attached to a maunga with the consent of the Crown or the administering body of the maunga at the time of its attachment is vested in—

Subsections (5) to (9) apply subject to any other enactment that governs the ownership of the improvement concerned.

To avoid doubt, subsection (9)—

The trustee is not liable for an improvement for which it would, apart from this section, be liable by reason of its ownership of the maunga.

Subsection (2) applies to an improvement that is attached to a maunga and described in section 30(2), the ownership of which reverts to the Maunga Authority by operation of section 42(2) and (3).

On and from the date of the reversion, the improvement—

For the purposes of administering under the Reserves Act 1977 the maunga vested in the trustee under this subpart, the Maunga Authority is responsible for any decisions in respect of any matter that may arise from a person exercising, or purporting to exercise, a right in relation to any improvement attached to a maunga.

Subsection (1) is subject to subsections (3) to (8) and any other enactment that governs the use of the improvement concerned.

On and from the vesting of Matukutūruru in the trustee under section 18, the Maunga Authority must provide the trustee with access to the improvement described in part 4.1(a) of the property redress schedule for the purpose of the trustee maintaining the improvement.

On and from the vesting of Ōhinerau / Mount Hobson in the trustee under section 25, the Maunga Authority must provide the trustee with access to the improvements described in part 4.1(b) of the property redress schedule for the purpose of the trustee maintaining the improvements.

Subsections (3) and (4) apply subject to any terms and conditions agreed between the Maunga Authority and the trustee.

The Maunga Authority must not require the payment of any rent, royalty, fee, or other charge from the trustee in respect of any interest or arrangement granted to the trustee under the Reserves Act 1977 and that relates to—

Despite subclause (6), the Maunga Authority may require a processing charge from the trustee in relation to any such interest or arrangement in order to recover its actual and reasonable costs.

On and from the vesting of Maungakiekie / One Tree Hill in the trustee under section 19, the Maunga Authority must provide the Cornwall Park Trust Board with access, without charge, to the improvements referred to in section 2(3) of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1912 for the purposes of maintaining and keeping them in good order in accordance with section 2(3) of that Act.

An improvement described in section 30(5), (6), or (7) or 31(1)—

In subsections (3), (4), and (6), trustee includes 1 or more members of Ngā Mana Whenua o Tāmaki Makaurau authorised by the trustee.

To avoid doubt, nothing in subsection (9)(b) limits or affects the requirements of the Reserves Act 1977 and any other enactment that may apply to the removal or demolition of an improvement to which that subsection applies.

The reservation of Rarotonga / Mount Smart as a recreation reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Rarotonga / Mount Smart then vests in the trustee.

Rarotonga / Mount Smart is then declared a reserve and classified as a recreation reserve subject to section 17 of the Reserves Act 1977.

Subsections (1) to (3) 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.

The easement—

Despite the revocation, vesting, declaration, and classification under subsections (1) to (3),—

To avoid doubt, as a result of subsection (6), the Auckland Council—

Nothing in this subpart limits or affects any other lawful right or interest in relation to Rarotonga / Mount Smart.

This section is for the avoidance of doubt.

This section applies to each maunga once the maunga is—

The maunga is held by the trustee for the common benefit of Ngā Mana Whenua o Tāmaki Makaurau and the other people of Auckland.

The trustee must not—

The reserve status of the maunga must not be revoked, but may be reclassified in accordance with the Reserves Act 1977.

Subsection (2) does not of itself create any right on which a cause of action may be founded.

Subsection (2) does not affect the application of section 16(8) of the Reserves Act 1977.

Despite subsection (3), the trustee may transfer the fee simple estate in the maunga if—

The prohibition in subsection (4) does not apply to any part of the maunga transferred in accordance with subsection (7).

Each maunga vests in the trustee under subpart 1, 2, or 3 of this Part subject to, or together with, any interests listed for the maunga in Schedule 1 (whether as an existing interest that continues to affect the maunga after the vesting or as a new interest that first affects the maunga immediately after the vesting).

Subsection (3) applies if a maunga vests subject to, or together with, an interest listed in Schedule 1 that is an interest in land.

On and from the vesting,—

Subsections (5) and (6) apply if a maunga vests subject to an interest listed in Schedule 1 that is not an interest in land, whether or not the interest also applies to any other land.

The interest applies in respect of the maunga—

If the interest has a grantor,—

Nothing in subsection (6)(b) applies to Rarotonga / Mount Smart.

In this section, interest means the interest or any renewal of the interest, including any variations.

This section applies in relation to the fee simple estate in each maunga vested in the trustee under subpart 1, 2, or 3 of this Part.

To the extent that the maunga (other than a specified maunga) is all of the land contained in a computer freehold register, the Registrar-General must, on written application by an authorised person,—

To the extent that subsection (2) does not apply to the maunga, or that the maunga is a specified maunga, the Registrar-General must, in accordance with a written application by an authorised person,—

Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.

A computer freehold register must be created under this section as soon as is reasonably practicable after the effective date, but not later than—

In this section,—

The Registrar-General must record on any computer freehold register for each maunga that the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau specified for that maunga in part 3 of the property redress schedule have spiritual, ancestral, cultural, customary, and historical interests in the maunga.

The recording of interests under this section does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the maunga.

The vesting of the fee simple estate in each maunga in the trustee under subpart 1, 2, or 3 of this Part is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24, 24A, and 24AA of that Act do not apply to the disposition.

Subsection (3) applies if any part of a maunga is no longer subject to reservation as a reserve under the Reserves Act 1977 as the result of an exchange in accordance with section 15 of that Act.

The vesting of that part of the maunga in the trustee under subpart 1, 2, or 3 of this Part is no longer exempt from section 24 of the Conservation Act 1987 (other than subsection (2A) of that section).

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under subpart 1, 2, or 3 of this Part, of the reserve status of each maunga.

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

The vesting of the fee simple estate in each maunga under subpart 1, 2, or 3 of this Part does not—

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 required to fulfil the terms of the collective deed in relation to the maunga.

Sections 48A, 114, and 115 of the Reserves Act 1977 apply to the maunga (other than Rarotonga / Mount Smart) despite sections 48A(6), 114(5), and 115(6) of that Act.

Sections 48A, 114, and 115 of the Reserves Act 1977 apply to Rarotonga / Mount Smart despite—

Otherwise, the Reserves Act 1977 applies to the maunga subject to the provisions of this Act.

This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation has made or imposed under the Reserves Act 1977 or the Conservation Act 1987 in relation to a maunga before the maunga vested in the trustee under subpart 1 or 2 of this Part.

The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Reserves Act 1977 or the Conservation Act 1987.

The official geographic name for North Head Historic Reserve is changed to Maungauika / North Head Historic Reserve, and the Geographic Board must amend the Gazetteer accordingly.

Subsection (3) applies to the land, or the part of the land, in any other maunga that, immediately before the vesting of the maunga under subpart 1 or 3 of this Part, was all or part of a Crown protected area.

The official geographic name is discontinued in respect of the land, or the part of the land, and the Geographic Board must amend the Gazetteer accordingly.

A maunga is not a Crown protected area, despite anything in the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

The Minister of Conservation must not name or change the name of a maunga under section 16(10) of the Reserves Act 1977 without the written consent of the trustee, and section 16(10A) of that Act does not apply to the proposed name or change.

Subsection (6) does not apply to Rarotonga / Mount Smart.

The Auckland Council must not change the name of Rarotonga / Mount Smart under section 16(10) of the Reserves Act 1977 without the written consent of the trustee, and section 16(10A) of that Act does not apply to the proposed change.

This section applies in respect of each maunga.

The Registrar-General must record on any computer freehold register for the maunga—

A notation made under subsection (2)(b) is to be treated as having been made in compliance with section 24D(1) of the Conservation Act 1987.

The Registrar-General must act under subsection (5) if, in accordance with section 15 of the Reserves Act 1977, any part of the maunga is no longer subject to reservation as a reserve under that Act.

The Registrar-General must ensure that the following notations remain only on any computer freehold register for the maunga:

For the purposes of any registration matter relating to an interest,—

Subsection (6) does not apply to the granting and initial registration of the easement and lease interests referred to in sections 18(5), 19(5), 20(7), 21(7), 22(5), 23(5), 25(5), 26(9), 27(5), 28(9), 29(5), 33(4), and 39(4).

This section applies to land in a maunga that is subject to an exchange under section 15 of the Reserves Act 1977.

The land given by way of the exchange no longer forms part of the maunga on and from the exchange.

Subsections (4) to (7) apply to the land acquired by way of the exchange.

On and from the exchange, the land forms part of the maunga and this Part applies to the land.

Despite section 15(6) of the Reserves Act 1977, the fee simple estate in the land is transferred to the trustee.

To avoid doubt, the land is subject to the same reserve classification and administration regime as that which applied to the land given in the exchange.

The Registrar-General must make entries in the appropriate registers and do anything else necessary to give effect to this section.

In this subpart, administered lands means administered lands as that term is defined in section 8(1)(a).

The vesting in trust in the Auckland Council of the Maungakiekie / One Tree Hill northern land is cancelled.

The Maungakiekie / One Tree Hill northern land then vests back in the Crown.

The Maunga Authority is the administering body of the Maungakiekie / One Tree Hill northern land for the purposes of the Reserves Act 1977, and that Act applies as if the Maungakiekie / One Tree Hill northern land were a reserve vested in the administering body.

Subsection (2) is for the avoidance of doubt.

Any vestings in trust in, or control and management appointments over, any parts of Māngere Mountain in favour of the Auckland Council are cancelled.

The fee simple estate in those parts of Māngere Mountain that were vested in trust in the Auckland Council then vest back in the Crown so that the Crown again holds the entire fee simple estate in Māngere Mountain.

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

Subsection (2) is for the avoidance of doubt.

The following matters apply despite the operation of sections 53(1) and 54(1):

Despite subsection (1), on and from the effective date,—

Subparagraphs (i) to (iv) of subsection (2)(d) apply subject to any other enactment that governs the ownership of the improvements.

For the purposes of administering the administered lands under the Reserves Act 1977, the Maunga Authority is responsible for any decisions in respect of any matter that may arise from a person exercising, or purporting to exercise, a right in relation to an improvement attached to the administered lands.

Subsection (4) is subject to any other enactment that governs the use of the improvement concerned.

To avoid doubt, nothing in subsection (1)(a) limits or affects the application of section 24 of the Reserves Act 1977 to the administered lands.

To avoid doubt, nothing in subsection (2)(d)(vi) limits or affects the requirements of the Reserves Act 1977 and any other enactment that may apply to the removal or demolition of an improvement to which that subsection applies.

The Registrar-General must record on any computer freehold register for the administered lands that the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau specified for the administered lands in part 3 of the property redress schedule have spiritual, ancestral, cultural, customary, and historical interests in the administered lands.

The recording of interests under this section does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the administered lands.

In this subpart, maunga does not include Rarotonga / Mount Smart.

The Maunga Authority must prepare and approve an integrated management plan—

Despite subsection (1),—

Section 41 of the Reserves Act 1977 applies to a plan prepared under this section—

To avoid doubt, the Minister of Conservation may still require the Maunga Authority to—

The integrated management plan must prescribe any terms and conditions in relation to members of Ngā Mana Whenua o Tāmaki Makaurau carrying out an authorised cultural activity specified in section 66(a) to (h).

Terms and conditions may relate to carrying out an activity on—

To avoid doubt, terms or conditions must not be of such a nature that an activity is effectively prohibited.

The Maunga Authority must consider including in the integrated management plan—

Without limiting subsection (4), the Maunga Authority must consider including provisions in the plan that relate to members of Ngā Mana Whenua o Tāmaki Makaurau carrying out the following activities:

If, after consideration under subsection (5), the Maunga Authority includes provisions in the plan relating to the carrying out of an activity described in that subsection, the plan must prescribe any terms and conditions in relation to the carrying out of the activity.

The terms and conditions may relate to carrying out the activity on—

For each financial year, the Maunga Authority and the Auckland Council must agree an annual operational plan to provide a framework in which the Council will carry out its functions under section 61 for that financial year.

An annual operational plan must be—

An annual operational plan must include the following information:

The matters referred to in subsection (3)(a) are—

For the purposes of subsection (2),—

The Maunga Authority and the Council must agree the first annual operational plan under this section for the 2015/2016 financial year.

In this section, annual plan and long-term plan have the meanings given in section 5(1) of the Local Government Act 2002.

The Auckland Council is responsible for the routine management of the maunga and the administered lands.

The Council must carry out this responsibility—

Despite subsection (2), the Council may carry out its responsibility in relation to Maungakiekie / One Tree Hill in whole or in part through the One Tree Hill Domain/Maungakiekie maintenance agreement until the agreement terminates. However, the Maunga Authority may direct the Council to terminate the agreement and, if the Maunga Authority does so, the Council must comply with that direction in accordance with the termination provisions of the agreement.

For the purposes of carrying out its responsibilities under this section, the Reserves Act 1977 applies—

This section is subject to section 62.

In subsection (3), One Tree Hill Domain/Maungakiekie maintenance agreement and agreement mean the agreement dated 12 April 2007 between the Auckland City Council (now Auckland Council) and Cornwall Park Trust Board.

The Auckland Council is responsible for the costs in relation to the maunga and the administered lands—

However, the Council is required to fulfil this responsibility only to the extent that funding and revenue for the maunga and the administered lands allow.

Subsection (2) does not apply in relation to the payment of remuneration and expenses of members of the Maunga Authority.

In this section, funding and revenue have the meanings given by section 63(8).

Funding and revenue for the maunga and the administered lands must be applied only for the purposes of the maunga and the administered lands.

To this end, the funding and revenue must be—

In each financial year, the Auckland Council must—

In each financial year, the Auckland Council must provide to the Maunga Authority an annual operational report on the maunga and the administered lands for the year.

The Maunga Authority may direct the Auckland Council, in writing, to have the Council’s accounts relating to the maunga and the administered lands reviewed by the Council’s auditor.

As soon as practicable after receiving a direction under subsection (5), the Auckland Council must arrange for the accounts to be reviewed by the Council’s auditor and a report by the auditor must be provided to the Maunga Authority.

Subsection (2) applies despite—

In this section,—

The Auckland Council must meet annually with Ngā Mana Whenua o Tāmaki Makaurau to discuss matters relating to the maunga and the administered lands, including—

The process and particulars in relation to each meeting, including the date, time, place, and agenda, must be agreed between the trustee and the Auckland Council.

The Crown acknowledges—

In this Act, authorised cultural activity means—

The trustee may grant approval to 1 or more members of Ngā Mana Whenua o Tāmaki Makaurau to carry out an authorised cultural activity on—

However, if requested by a rōpū entity, or a representative entity of an iwi or a hapū described in section 9(a), the trustee must devolve the decision-making role in subsection (1) in respect of authorising cultural activities for members of that iwi or hapū to the entity.

The trustee must notify the Maunga Authority if it devolves its responsibility under subsection (1) in accordance with subsection (2).

The trustee, a representative entity, or a rōpū entity may grant approval for the carrying out of an authorised cultural activity only if it is satisfied that—

If the authorised cultural activity involves the erection of 1 or more structures, the trustee, representative entity, or rōpū entity must also be satisfied that each structure is—

The trustee, a representative entity, or a rōpū entity must give the Maunga Authority notice, in writing or electronically, of an activity for which it has granted approval under subsection (1).

Notice must be given as soon as possible, but not later than 5 working days before the day, or the first day, on which the activity is to be carried out.

If the trustee, a representative entity, or a rōpū entity grants approval to carry out an authorised cultural activity under this section, any permission or other authorisation required under the Reserves Act 1977 from the Maunga Authority in respect of the carrying out of the activity is deemed to have been granted.

In this section, maunga does not include Rarotonga / Mount Smart.

The trustee may give written notice to the Minister of Conservation of the date on which the motu are to vest in the trustee (proposed date).

The proposed date must be not later than 1 year after the effective date.

The trustee must give the Minister of Conservation not less than 40 working days’ notice of the proposed date. However, the Minister may agree to a shorter notice period, in which case the trustee must give notice within the period of the agreed number of working days.

In this section and section 69, motu vesting date is—

The Minister of Conservation must publish a notice in the Gazette that—

The notice must be published as early as practicable before the motu vesting date.

The stating of interests under subsection (5)(c) does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the motu.

The fee simple estate in each motu vests in the trustee on the motu vesting date (the vestings).

The fee simple estate in each motu vests back in the Crown on the 32nd day after the motu vesting date.

The following matters apply as if the vestings had not occurred:

To avoid doubt, as a result of subsection (3), the Crown retains, as if the vestings had not occurred,—

The vestings are not affected by Part 4A of the Conservation Act 1987, section 11 and Part 10 of the Resource Management Act 1991, or any other enactment.

The reservation of Ngā Pona-toru-a-Peretū (being part of Rangitoto Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in Ngā Pona-toru-a-Peretū then vests in the trustee.

Ngā Pona-toru-a-Peretū is then declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977.

Despite the vesting under subsection (2), the Reserves Act 1977 applies to the reserve as if the reserve were vested in the Crown.

To avoid doubt, as a result of subsection (4),—

However, the Minister of Conservation must not—

The trustee must not—

Ngā Pona-toru-a-Peretū vests in the trustee under section 70 subject to the interests listed for Ngā Pona-toru-a-Peretū in Part 2 of Schedule 3 (whether as an existing interest that continues to affect Ngā Pona-toru-a-Peretū after the vesting or as a new interest that first affects Ngā Pona-toru-a-Peretū immediately after the vesting).

Subsection (3) applies to any interest listed in Part 2 of Schedule 3 that is an interest in land.

On and from the vesting, the Crown must be treated as the grantor of the interest.

Subsections (5) and (6) apply to any interest listed in Part 2 of Schedule 3 that is not an interest in land, whether or not the interest also applies to any other land administered by the Department of Conservation.

The interest applies in respect of Ngā Pona-toru-a-Peretū—

If the interest has a grantor, the Crown remains the grantor of the interest.

In this section, interest means the interest, or any renewal of the interest, including any variations.

This section applies to the improvements attached to Ngā Pona-toru-a-Peretū—

The improvements remain vested in the Crown, and each improvement—

If an improvement is removed or demolished, the Crown must leave the land in a clean and tidy condition.

The trustee is not liable for an improvement for which it would, apart from this section, be liable by reason of its ownership of Ngā Pona-toru-a-Peretū.

To avoid doubt, nothing in subsection (2)(c) limits or affects the requirements of the Reserves Act 1977 and any other enactment that may apply to the removal or demolition of an improvement.

The reservation of the Islington Bay Hall property (being part of Rangitoto Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in the Islington Bay Hall property then vests in the trustee.

The Islington Bay Hall property is then—

The trustee is the administering body of the reserve created under subsection (3).

The trustee must not—

The reserve status of the Islington Bay Hall property must not be revoked, but may be reclassified in accordance with the Reserves Act 1977.

The Islington Bay Hall property vests in the trustee under section 73 subject to the interests listed for the property in Part 2 of Schedule 3 (whether as an existing interest that continues to affect the property after the vesting or as a new interest that first affects the property immediately after the vesting).

Subsections (3) and (4) apply to the interest listed in Part 2 of Schedule 3 that is not the interest in land, whether or not that interest also applies to any other land administered by the Department of Conservation.

The interest applies in respect of the property—

If the interest has a grantor, the interest applies in respect of the property as if the trustee were the grantor.

In this section, interest means the interest, or any renewal of the interest, including any variations.

This section applies to the improvements attached to the Islington Bay Hall property, and owned by the Crown immediately before the vesting of the property in the trustee under section 73,—

The improvements remain vested in the Crown, and each improvement—

For the purposes of managing the improvement, the Reserves Act 1977 continues to apply as if the Crown administers that part of the property occupied by the improvement.

If the improvement is removed or demolished, the Crown must leave the land in a clean and tidy condition.

The trustee is not liable for an improvement for which it would, apart from this section, be liable by reason of its ownership of the property.

In subsection (2)(b), the Crown includes any person with the consent of the Crown to access, use, or occupy the property.

To avoid doubt, nothing in subsection (2)(c) limits or affects the requirements of the Reserves Act 1977 and any other enactment that may apply to the removal or demolition of the improvement.

Ngā Mana Whenua o Tāmaki Makaurau may use an improvement described in section 75(1) for activities that would otherwise be authorised only by a permit under the Hauraki Gulf Maritime Park Bylaws 1984—

The trustee may—

For the purposes of the Reserves Act 1977, any activity carried out by the trustee under subsection (2) must be treated as having been carried out with the approvals or consents required under that Act.

To avoid doubt, nothing in this section removes any obligations of the trustee in respect of obtaining any other consents or approvals required to erect a structure referred to in subsection (2) (for example, a building consent under the Building Act 2004).

The reservation of the Islington Bay Bach 80 property (being part of Rangitoto Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977 is revoked.

The fee simple estate in the Islington Bay Bach 80 property then vests in the trustee subject to the interest listed for the property in Part 2 of Schedule 3 as a new interest that first affects the property immediately after the vesting.

The Islington Bay Bach 80 property is then—

The trustee is the administering body of the reserve created under subsection (3).

The trustee must not—

The reserve status of the Islington Bay Bach 80 property must not be revoked, but may be reclassified in accordance with the Reserves Act 1977.

The trustee may erect an ancillary building or structure on the Islington Bay Bach 80 property so that the existing Bach 80 building may be lawfully used as overnight accommodation.

The trustee may erect, as a Ngā Mana Whenua o Tāmaki Makaurau spiritual or cultural wānanga centre, a single-storey building of not more than 200 m² floor area on the open space of the Islington Bay Bach 80 property.

For the purposes of the Reserves Act 1977, any activity carried out by the trustee that complies with subsection (1) or (2) must be treated as having been carried out with the approvals or consents required under that Act.

To avoid doubt, nothing in this section removes any obligations of the trustee in respect of obtaining any other consents or approvals required to erect the structure or buildings referred to in subsections (1) and (2) (for example, a building consent under the Building Act 2004).

The trustee may—

Subsection (1) applies despite anything to the contrary in the Reserves Act 1977.

This section applies in relation to the fee simple estate in each Rangitoto Island property vested in the trustee under this subpart.

The Registrar-General must, in accordance with a written application by a person authorised by the Director-General,—

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

A computer freehold register must be created under this section as soon as is reasonably practicable after the effective date, but not later than—

The Registrar-General must record on any computer freehold register for each Rangitoto Island property that the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau specified for that property in part 3 of the property redress schedule have spiritual, ancestral, cultural, customary, and historical interests in the property.

The recording of interests under this section does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the property.

The vesting of the fee simple estate in each Rangitoto Island property in the trustee under this subpart is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

Sections 24 and 25 of the Reserves Act 1977 do not apply to the revocation, under this subpart, of the reserve status of the Rangitoto Island properties.

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

The vesting of the fee simple estate in the Rangitoto Island properties under this subpart does not—

Sections 48A, 114, and 115 of the Reserves Act 1977 apply to the Islington Bay Hall property and the Islington Bay Bach 80 property, despite sections 48A(6), 114(5), and 115(6) of that Act.

Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply to the Islington Bay Hall property or the Islington Bay Bach 80 property.

Otherwise, the Reserves Act 1977 applies to the Rangitoto Island properties subject to the provisions of this Act.

For the purposes of the Forest and Rural Fires Act 1977, each Rangitoto Island property must be treated as if it were a State area within the meaning of section 2(1) of that Act.

This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation has made or imposed under the Reserves Act 1977 or the Conservation Act 1987 in relation to a Rangitoto Island property before the property vested in the trustee under this subpart.

The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Reserves Act 1977 or the Conservation Act 1987.

The official geographic name—

The Islington Bay Hall property and the Islington Bay Bach 80 property are not Crown protected areas, despite anything in the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

The Minister of Conservation must not name or change the name of a Rangitoto Island property under section 16(10) of the Reserves Act 1977 without the written consent of the trustee, and section 16(10A) of that Act does not apply to the proposed name or change.

This section applies in respect of each Rangitoto Island property.

The Registrar-General must record on any computer freehold register for the property—

A notation made under subsection (2)(b) is to be treated as having been made in compliance with section 24D(1) of the Conservation Act 1987.

For the purposes of any registration matter relating to an interest for Ngā Pona-toru-a-Peretū, the Crown must be treated as the registered proprietor of the fee simple estate in Ngā Pona-toru-a-Peretū.

A conservation management plan for the Hauraki Gulf / Tīkapa Moana inner motu (the Tāmaki Makaurau motu plan or motu plan) must be prepared and approved in accordance with this subpart.

The Reserves Act 1977 applies to the motu plan as if the plan were a conservation management plan prepared and approved under section 40B of that Act.

Sections 17E (except subsection (9)), 17F to 17I, and 49(2) and (3) of the Conservation Act 1987 do not apply to the preparation, approval, review, or amendment of the motu plan, despite section 40B of the Reserves Act 1977.

The Director-General must start preparing the first motu plan not later than 6 months after the effective date.

This section is subject to section 90.

The requirements of this subpart, and the motu plan, apply in relation to the Browns Island Recreation Reserve only while the Crown administers the reserve.

The Director-General must prepare a draft motu plan in consultation with—

The Director-General must give notice of the draft motu plan as follows:

The notices must be given not later than 12 months after the start of the preparation of the draft plan.

Each notice must—

Any person or organisation may make written submissions to the Director-General on the draft motu plan at the place, and on or before the date, specified in a notice given under section 92.

The Director-General may, after consulting the trustee and the Conservation Board, obtain public opinion on the draft plan from any person or organisation by any other means.

The Director-General must make the draft plan available for public inspection between 9 am and 5 pm on any working day—

Submissions on the draft motu plan must be heard by a meeting of representatives of the Director-General, the trustee, and the Conservation Board.

A submitter who requests to be heard in support of a submission must be given a reasonable opportunity to be heard.

Any other person or organisation that was consulted on the draft plan may be heard at the discretion of the representatives.

The representatives must determine the procedures at any hearing under this section.

The hearing of submissions must end not later than 2 months after the last date for written submissions.

The Director-General must—

The Director-General must consider the submissions received, and any public opinion obtained, on the draft motu plan.

The Director-General then—

The trustee and the Conservation Board,—

If the Director-General receives a request under subsection (3)(b), he or she must—

In subsection (3)(a) and section 96(1), summary of submissions means a summary prepared under section 94(6)(a) of the submissions received, and any public opinion obtained, on a draft plan.

The trustee and the Conservation Board must provide the draft motu plan and the summary of submissions to—

The draft plan must be provided in the form of—

The Conservation Authority and the Minister of Conservation must provide any comments on the draft plan to the trustee and the Conservation Board not later than 4 months after receiving the draft plan.

The trustee and the Conservation Board must—

The trustee and the Conservation Board must, not later than 2 months after receiving the comments,—

If a disagreement is referred to the Conservation Authority under section 97(2)(b), the Conservation Authority must—

The notice of recommendation must be given not later than 3 months after the disagreement is referred to the Conservation Authority.

The trustee and the Conservation Board must, after receiving and considering the notice of recommendation,—

If any matter of disagreement has not been resolved within 2 months after the trustee and the Conservation Board receive the notice of recommendation,—

The trustee and the Conservation Board must approve the draft plan not later than 4 months after receiving the notice of recommendation.

The trustee, the Conservation Board, and the Director-General—

If a disagreement arises between the persons referred to in subsection (1) at any time during the process under sections 91 to 98, the parties to the disagreement (the parties) must first try to resolve the matter in a co-operative, open-minded, and timely manner.

If a party considers that it is necessary to resort to mediation, the party must refer the matter to mediation by giving written notice to the 1 or more other parties.

The mediation must be conducted by the mediator agreed on under subsection (1).

The parties must participate in the mediation in a co-operative, open-minded, and timely manner, having particular regard to—

The parties must do their best to continue with the preparation and approval of the motu plan while the disagreement is mediated.

Each party must—

The mediation must end not later than 3 months after the day on which the matter was referred to mediation.

The period of time starting on the day on which the matter is referred to mediation and ending on the last day of the mediation must be excluded from any time limit specified in sections 91 to 98.

The Director-General may at any time initiate a review of all or part of the motu plan, after first consulting the trustee and the Conservation Board.

The trustee or the Conservation Board may at any time request the Director-General to initiate a review of all or part of the motu plan. The Director-General must consider the request.

Any review of the motu plan must be carried out and approved in accordance with sections 91 to 98, which apply with any necessary modifications.

The Director-General must review all of the motu plan not later than 10 years after the date on which it was last approved.

The Minister of Conservation may extend the time limit in subsection (4), but only after consulting the trustee and the Conservation Board.

The Director-General may at any time initiate the amendment of all or part of the motu plan, after first consulting the trustee and the Conservation Board.

Any amendment of the motu plan must be carried out and approved in accordance with sections 91 to 98, which apply with any necessary modifications.

However, an amendment may instead be made under subsections (4) to (6) if the Director-General, the trustee, and the Conservation Board all consider that the amendment will not materially affect—

The Director-General must provide the draft amendment to the trustee and the Conservation Board.

The trustee and the Conservation Board—

Any approval under subsection (5)(b) must be given not later than 2 months after the trustee and the Conservation Board receive the proposed amendment.

The name specified in the first column of the table in clause 5.1 of the collective deed is assigned to the feature described in the second and third columns of that table.

A name specified in the first column of the table in clause 5.2 of the collective deed is altered to the name specified in the second column of that table for the feature described in the third and fourth columns of that table.

Each assignment or alteration is to be treated as if it were an assignment or alteration of the official geographic name by a determination of the Geographic Board under section 19 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 that takes effect on the effective date.

The Geographic Board must, as soon as practicable after the effective date, give public notice of each assignment or alteration of a name under section 102 in accordance with section 21(2) and (3) of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

However, the notices must state that the assignments and alterations took effect on the effective date.

The Geographic Board need not comply with the requirements of sections 16 to 18, 19(1), and 20 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 in making a determination to alter the official geographic name of a feature named under this subpart.

Instead, the Geographic Board may make the determination as long as it has the written consent of the trustee.

To avoid doubt, the Geographic Board must give public notice of the determination in accordance with section 21(2) and (3) of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

No enforcement order may be made by the Environment Court requiring the trustee to act under section 314(1)(da) of the Resource Management Act 1991 to avoid, remedy, or mitigate any actual or likely adverse effect on the environment relating to—

Subsection (1) applies only to the extent that the effect—

In this section, enforcement order and environment have the meanings given in section 2(1) of the Resource Management Act 1991.