In this Act, unless the context otherwise requires,—

This Act binds the Crown.

(1) The fee simple estate in Mauao historic reserve is vested, by way of gift, in the trustees of the Mauao Trust subject to—

• (a) this Act; and

• (b) the encumbrances set out in Schedule 2; and

• (c) any authority granted to the Tauranga City Council under the Historic Places Act 1993 to retain, maintain, and replace existing fencing on the reserve; and

• (d) any statutory access or other rights in relation to the reserve that any person may have (including rights of access under the Cadastral Survey Act 2002 or the Maritime Transport Act 1994 to the trig station and navigational beacon on the reserve).

(2) The trustees must hold the fee simple estate on trust for Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga in accordance with the deed of trust.

(3) This section is subject to section 8.

(1) The trustees must not dispose of, transfer, or charge Mauao historic reserve or any part of it.

(2) Subsection (1) is subject to section 9.

(1) Mauao historic reserve—

• (a) remains a historic reserve under the Reserves Act 1977 (unless and until its reserve status is changed, or its reservation as a reserve is revoked, under that Act); and

• (b) for that purpose—

  • (i) the Minister continues to have, in respect of it, the functions, obligations, and powers that the Minister has under the Reserves Act 1977 in relation to a reserve vested in the Crown; and

  • (ii) the Tauranga City Council continues to be appointed as the administering body of the reserve under section 28 of the Reserves Act 1977 (unless and until its appointment as the administering body is revoked under that Act).

(2) However, this section does not entitle the Minister to exercise—

• (a) the power under section 26 of the Reserves Act 1977 (being the power to vest the reserve in other persons); or

• (b) the power under section 15 of the Reserves Act 1977 (being the power to exchange the land comprising the reserve or part of it) unless he or she has complied with section 9 of this Act.

(3) Unless and until the reservation of Mauao historic reserve as a reserve is revoked under the Reserves Act 1977, the Crown continues to have, in relation to the reserve, the rights and obligations of the holder of the fee simple estate (including any obligations in respect of occupational health and safety, building, or rating liability legislation).

(1) The Minister may authorise the exchange of part of Mauao historic reserve in accordance with section 15 of the Reserves Act 1977, but only if the Minister has the written consent of the trustees to do so.

(2) If the Minister acts in accordance with subsection (1),—

• (a) the fee simple in the part of the reserve that is exchanged—

  • (i) ceases to be vested in the trustees; and

  • (ii) is no longer subject to this Act or the Reserves Act 1977; and

• (b) the land acquired by way of the exchange—

  • (i) vests in fee simple in the trustees; and

  • (ii) is held by the trustees on trust for Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga in accordance with the deed of trust; and

  • (iii) is held as part of Mauao historic reserve subject to—

    • (A) the same control and management and for the same objects and purposes as those for which the land given in exchange was held; and

    • (B) this Act and the Reserves Act 1977.

(1) If the Minister revokes the reservation of Mauao historic reserve, or a part of it, as a reserve under section 24 of the Reserves Act 1977,—

• (a) the fee simple in the reserve (or the part of it that ceases to be reserve) remains vested in the trustees, subject to any restrictions, encumbrances, liens, or interests specified in the Gazette notice revoking the reservation; and

• (b) sections 8 and 9 of this Act cease to apply to the reserve (or the part of it that ceases to be reserve).

(2) To avoid doubt, and without limiting subsection (1)(b), Mauao historic reserve (or the part of it that ceases to be reserve) does not become—

• (a) Crown land available for disposal under the Land Act 1948 in accordance with section 25 of the Reserves Act 1977; or

• (b) land over which the Minister may specify, under section 25 of the Reserves Act 1977, the manner in and purpose for which it may be disposed.

The vesting of Mauao historic reserve under section 5(1) does not affect any rights or obligations in respect of the reserve of any person—

• (a) who is not a party to the vesting agreement, including any rights or obligations in relation to the ownership, management, or control of fixtures, structures, and improvements (including trees) attached to, on, or under the reserve; and

• (b) that arise before any revocation of its reservation as a reserve.

(1) Nothing in section 11 or Part 10 of the Resource Management Act 1991 applies to the vesting of Mauao historic reserve under section 5(1).

(2) The vesting of Mauao historic reserve under section 5(1) does not limit section 10 or 11 of the Crown Minerals Act 1991.

(3) The vesting of Mauao historic reserve under section 5(1) is not a disposition of land by the Crown for the purposes of Part 4A of the Conservation Act 1987, unless—

• (a) the reservation of the reserve as a reserve is revoked, in which case—

  • (i) the reserve is to be treated as having been disposed of by the Crown for the purposes of Part 4A; and

  • (ii) that Part, other than sections 24(2A), 24A, 24AA, and 24B, applies accordingly with any necessary modifications; or

• (b) the reservation of part of the reserve as a reserve is revoked, in which case—

  • (i) the part of the reserve is to be treated as having been disposed of by the Crown for the purposes of Part 4A; and

  • (ii) that Part, other than sections 24(2A), 24A, 24AA, and 24B, applies accordingly with any necessary modifications.

Neither the rule against perpetuities nor any relevant provisions of the Perpetuities Act 1964 prescribe or restrict the period during which—

• (a) the Mauao Trust may exist in law; or

• (b) the trustees (in their capacity as trustees) may hold or deal with property (including income derived from the property).

(1) The Crown, Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga acknowledge the statement of recognition of Waitaha in Schedule 3.

(2) However, the statement of recognition—

• (a) must not affect, or be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw made by a local authority under an enactment; and

• (b) does not affect the lawful rights or legal obligations of any person; and

• (c) does not grant, create, or affect any interests or rights relating to Mauao historic reserve.

(1) The Registrar-General of Land must, on written application by the Minister of Māori Affairs, comply with subsections (2) and (3).

(2) The Registrar-General of Land must—

• (a) register the trustees as the proprietors of the fee simple estate in Mauao historic reserve; and

• (b) make the entry in the register; and

• (c) include a notification on the entry recording that the reserve—

  • (i) was vested in accordance with this Act; and

  • (ii) is subject to this Act, including a specific reference to sections 5(1) and 12(3).

(3) However, if Mauao historic reserve does not comprise all the land in a computer freehold register, or there is no computer freehold register for all or part of the reserve, the Registrar-General must instead—

• (a) create a computer freehold register and register the trustees as the proprietors of the fee simple estate in Mauao historic reserve; and

• (b) include a notification on the entry recording that the reserve—

  • (i) was vested in accordance with this Act; and

  • (ii) is subject to this Act, including a specific reference to sections 5(1) and 12(3).

(4) The Registrar-General of Land complies with subsection (2)(a) or (3)(a) by registering the trustees as the proprietors using the words “the trustees for the time being of Mauao Trust”.

(5) Subsection (3) applies subject to any survey necessary to facilitate the creation of the computer freehold register being completed.

(6) A computer freehold register must be created under this section as soon as is reasonably practicable but no later than—

• (a) 2 years after the reserve vests in the trustees; or

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

(7) This section overrides sections 26A(3), 112(2), and 116 of the Reserves Act 1977 and, in the event of inconsistency, any other enactment or rule of law to the contrary.

The Governor-General may, by Order in Council, make amendments to Schedule 1 to reflect any changes in—

• (a) the legal description of Mauao historic reserve resulting from an exchange of land authorised by the Minister under section 9 or any other lawful alteration to the boundaries of the reserve; or

• (b) the computer freehold register for Mauao historic reserve.