Whakarewarewa and Roto-a-Tamaheke Vesting Bill
Whakarewarewa and Roto-a-Tamaheke Vesting Bill
Whakarewarewa and Roto-a-Tamaheke Vesting Bill
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Whakarewarewa and Roto-a-Tamaheke Vesting Bill
Government Bill
290—1
Explanatory note
General policy statement
The Whakarewarewa Valley Land comprises the Whakarewarewa Thermal Springs Reserve and the Southern Arikikapakapa Reserve.
The fee simple estate in the Southern Arikikapakapa Reserve is vested in the Crown. Part of the land in the Southern Arikikapakapa Reserve is reserved under the Reserves Act 1977 and administered under the Tourist and Health Resorts Control Act 1908.
The fee simple estate in the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve is being transferred under the Affiliate Te Arawa Iwi and Hapu Claims Settlement legislation (the Affiliate Te Arawa legislation) from the Crown to the trustees of the Te Pūmautanga o Te Arawa Trust (the Te Pūmautanga trustees). Those Reserves are both recreation reserves under the Reserves Act 1977. In the past, they too were administered under the Tourist and Health Resorts Control Act 1908 but, following the transfer to the Te Pūmautanga trustees, the Te Pūmautanga trustees will become the administering body of those Reserves.
Ngāti Whakaue, Tūhourangi Ngāti Wahiao, and the Te Pūmautanga trustees (on behalf of the Affiliate Te Arawa Iwi/Hapū) have entered into a deed with the Crown, dated 5 August 2008, providing for the transfer of the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve to Ngāti Whakaue and Tūhourangi Ngāti Wahiao and for the introduction of vesting legislation to effect the transfer. The deed provides that the transfer will not be in consideration for any Treaty of Waitangi or other claim against the Crown, but rather to assist the Crown’s objective of building healthy relationships with Ngāti Whakaue and Tūhourangi Ngāti Wahiao.
The Bill therefore vests the fee simple estate in the Southern Arikikapakapa Reserve, the Whakarewarewa Thermal Springs Reserve, and the Roto-a-Tamaheke Reserve in a joint trust established by Ngāti Whakaue and Tūhourangi Ngāti Wahiao, subject to certain terms and conditions.
However, in recognition of the wider significance of this land to the public generally, the leases of the land to the New Zealand Māori Arts and Craft Institute (MACI) will remain and the reserve status of the land under the Reserves Act 1977 will be retained. The administering body of the reserves will be the trustees of the joint trust.
The deed establishing the joint trust provides for a beneficial entitlement determination procedure to take place. This may result in the subdivision and transfer of the land on the condition that the land remains subject to the Reserves Act 1977. The Bill therefore includes provision for the subdivision and transfer of the land to new entities as a result of that procedure. The new entities would then become the administering bodies of the parcels of land created by the subdivision.
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 is the commencement clause. The Bill is to come into force on a date to be appointed by the Governor-General by Order in Council. This is to ensure that commencement can be co-ordinated with commencement of the provisions in the Affiliate Te Arawa legislation that vest the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve in the Te Pūmautanga trustees.
Part 1
Preliminary provisions
Clause 3 is the general interpretation clause. In particular, it defines the 3 sites that are to vest under the Bill. The sites are referred to as the Southern Arikikapakapa Reserve, the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve. It also defines the joint trust established by Ngāti Whakaue and Tūhourangi Ngāti Wahiao to hold the 3 sites.
Clause 4 provides that the Bill binds the Crown.
Part 2
Vesting and related matters
Southern Arikikapakapa Reserve
Clause 5 provides for the reservation under the Reserves Act 1977 of part of the land in the Southern Arikikapakapa Reserve (referred to as the closed roads). By subclause (2), that and other land in the Southern Arikikapakapa Reserve is then incorporated into the recreation reserve known as the Arikikapakapa Reserve. The result is that all the land in the Southern Arikikapakapa Reserve is reserved and incorporated into the Arikikapakapa Reserve. The Arikikapakapa Reserve is administered under the Tourist and Health Resorts Control Act 1908. Subclause (4) then revokes the reservation of the Southern Arikikapakapa Reserve so that it no longer forms part of the Arikikapakapa Reserve and is no longer administered under the Tourist and Health Resorts Control Act 1908.
Clause 6 vests the fee simple estate in the Southern Arikikapakapa Reserve in the trustees of the joint trust. The land is vested subject to the provisions of the Bill and the encumbrances and other matters listed in Schedule 2. Vesting is conditional on the joint trustees signing the various documents mentioned in clause 13. This includes the new leases to be granted to MACI.
Clause 7 declares the Southern Arikikapakapa Reserve to be a new recreation reserve under the Reserves Act 1977 and names it the Southern Arikikapakapa Reserve.
Clause 8 suspends operation of section 24 of the Conservation Act 1987 with respect to the vesting under clause 6. Section 24 deems marginal strips (for example, alongside lakes and rivers) to be reserved from sales and other dispositions of land by the Crown. The suspension means that, in this case, marginal strips are not deemed to be reserved from the vesting. However, the suspension only lasts so long as the Southern Arikikapakapa Reserve remains a reserve under the Reserves Act 1977. If it ceases to be a reserve (in whole or in part), section 24 will then be triggered for the part that ceases to be a reserve. The power under sections 24A and 24AA of the Conservation Act 1987 to reduce or increase the width of a marginal strip will not be triggered, however. The same rules apply to the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve under the Affiliate Te Arawa legislation.
Clause 9 overrides any restrictions in section 11 and Part 10 of the Resource Management Act 1991 that might otherwise apply to the vesting of the Southern Arikikapakapa Reserve in the joint trustees. Section 11 and Part 10 of that Act relate to subdivisions and reclamations. Clause 9 also makes it clear that the vesting does not affect any rights of the Crown under the Crown Minerals Act 1991 to, for example, petroleum, gold, silver, or uranium or any other rights in law to subsurface minerals or geothermal energy.
Clause 10 modifies the application of the Reserves Act 1977 to the Southern Arikikapakapa Reserve. In particular, it applies certain provisions about use of reserve land even though the joint trustees are not appointed as an administering body under section 26 of that Act. It also removes certain restrictions on the joint trustees, for example, as regards the application of money received by way of rent. Section 25(1) of the Reserves Act 1977 is also disapplied. As a result, the Southern Arikikapakapa Reserve will not revert to the Crown if its reserve status is subsequently revoked. Similar modifications apply to the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve under the Affiliate Te Arawa legislation.
Other Reserves
Clause 11 vests the Whakarewarewa Thermal Springs Reserve in the trustees of the joint trust. The land is vested subject to the provisions of the Bill and the encumbrances and other matters listed in Schedule 2.
Clause 12 vests the Roto-a-Tamaheke Reserve in the trustees of the joint trust. The land is vested subject to the provisions of the Bill and the encumbrances and other matters listed in Schedule 2.
Leases, etc
Clause 13 requires the joint trustees to enter into certain documents as a condition of vesting. The documents include leases to be granted to MACI together with a pipeline easement to be granted to the Rotorua District Council.
Clause 14 allows the Minister of Tourism to execute certain documents on behalf of MACI.
Clause 15 overrides any restrictions or procedural or other requirements that might affect the enforceability of the leases granted by the joint trustees to MACI.
Clause 16 allows the joint trustees to use the rent paid by MACI under the leases for any purpose, not merely for the purposes of the Reserves Act 1977.
Registration
Clause 17 provides for the registration of the joint trustees as the new proprietors of the Southern Arikikapakapa Reserve.
Clause 18 provides for the registration of the joint trustees as the new proprietors of the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve.
Administering body
Clause 19 establishes the joint trustees as the new administering body of the 3 sites vested in them under the Bill.
Subsequent transfer of Reserves
Clause 20 sets out the rules that apply if the joint trustees or any subsequent owners wish to transfer any of the sites vested in the joint trustees under the Bill. The rules apply only to the extent that the sites remain reserves under the Reserves Act 1977. While the sites remain reserves, transfers may only occur with the consent of the Minister of Conservation, but consent must be given if the Minister is satisfied that the proposed new owners can comply with the Reserves Act 1977 and carry out the duties of an administering body under that Act. These rules do not apply, however, if the transfer is merely to give effect to a change in the trustees of the joint trust (or any subsequent trust).
Clause 21 disapplies the corresponding rules in the Affiliate Te Arawa legislation that regulate the transfer of the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve once the new rules in clause 20 come into force.
Miscellaneous
Clause 22 exempts the joint trust from the rule against perpetuities (which restricts the length of time that a trust can exist). The exemption ceases if the joint trust becomes a charitable trust.
Clause 23 allows the joint trustees to elect to be a Māori authority for the purposes of the Income Tax Act 2007.
Clause 24 allows the Minister of Conservation to direct that certain intra-Crown payments be applied for reserve purposes.
Part 3
Subdivisions
Power to subdivide
Clause 25 creates a special regime that is to apply (on a one-off basis) if the joint trustees propose to subdivide 1 or more of the sites vested in them under the Bill. The trust deed establishing the joint trust contemplates a procedure (referred to as the beneficial entitlement determination procedure) for determining the beneficial ownership of the 3 sites. The result of this procedure may require the sites to be subdivided and transferred to new entities in order to reflect the beneficial entitlements. The special regime in clause 25 will be triggered if the Minister of Māori Affairs certifies that the proposed subdivision meets certain criteria. The criteria are listed in the vesting deed and include a requirement that the subdivision will not create so many separate allotments as to adversely affect the integrity of the management of the relevant sites. The special regime allows the transfers to proceed provided the Minister of Conservation is satisfied that the new entities will be able to comply with the Reserves Act 1977 and to carry out their duties as administering bodies under that Act. Subclause (7) overrides the need for permission under the Local Government Act 1974 for certain steps that may have to be taken when the subdivision occurs, for example, the laying of a private road.
Clause 26 ensures that each new parcel of land resulting from the subdivision under clause 25 is to be treated as a separate recreation reserve under section 17 of the Reserves Act 1977 and appoints the new proprietor, in each case, as the administering body.
Clause 27 ensures that the suspension of section 24 of the Conservation Act 1987 (which relates to marginal strips) continues to apply to each parcel of land as it applied to the site before it was subdivided. If the reservation of one of those parcels of land is subsequently revoked, section 24 of the Conservation Act 1987 will then be triggered.
Clause 28 modifies the application of the Reserves Act 1977 to each parcel of land just as it was modified previously for the whole site before it was subdivided.
Clauses 29 to 31 make provision about registration following the subdivision and transfer.
Clause 32 regulates the subsequent transfer of parcels of land. The rules are the same as the ones that applied to the whole site before it was subdivided.
Clause 33 overrides the rule against perpetuities if the new entity that acquires a parcel of land on subdivision is a trust.
Clause 34 allows the new entity that acquires a parcel of land on subdivision to elect to be a Māori authority for the purposes of the Income Tax Act 2007.
Hon Parekura Horomia
Whakarewarewa and Roto-a-Tamaheke Vesting Bill
Government Bill
290—1
Contents
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Preamble
(1) The Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve are of significant cultural, traditional, historical, and spiritual importance to Ngāti Whakaue and Tūhourangi Ngāti Wahiao:
(2) The Whakarewarewa Valley Land comprises the Whakarewarewa Thermal Springs Reserve and the Southern Arikikapakapa Reserve:
(3) The fee simple estate in the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve is vested as follows:
(a) the fee simple estate in the Southern Arikikapakapa Reserve is vested in the Crown:
(b) the fee simple estate in the Whakarewarewa Thermal Springs Reserve was vested in the Crown but, under the Affiliate Te Arawa Act, is being vested in the Te Pūmautanga trustees:
(c) the fee simple estate in the Roto-a-Tamaheke Reserve was vested in the Crown but, under the Affiliate Te Arawa Act, is being vested in the Te Pūmautanga trustees:
(4) The Whakarewarewa Valley Land is subject to certain leases that are being granted to MACI in connection with the vesting of the fee simple estate in the Whakarewarewa Thermal Springs Reserve under the Affiliate Te Arawa Act:
(5) The Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve are recreation reserves under the Reserves Act 1977, administered under the Tourist and Health Resorts Control Act 1908. Under the Affiliate Te Arawa Act, the Te Pūmautanga trustees will become the administering body of those Reserves, and the Reserves will be renamed the Whakarewarewa Thermal Springs Recreation Reserve and the Roto-a-Tamaheke Recreation Reserve respectively:
(6) Some of the land included in the Southern Arikikapakapa Reserve forms part of a recreation reserve under the Reserves Act 1977 known as the Arikikapakapa Reserve. The Arikikapakapa Reserve is administered under the Tourist and Health Resorts Control Act 1908. The Arikikapakapa section 8 land is also a recreation reserve under the Reserves Act 1977 administered under the Tourist and Health Resorts Control Act 1908:
(7) On 8 April 2008, in order to assist its objective of building healthy relationships with Ngāti Whakaue and Tūhourangi Ngāti Wahiao, the Crown agreed (in principle) to transfer the fee simple estate in the Southern Arikikapakapa Reserve to Ngāti Whakaue and Tūhourangi Ngāti Wahiao, subject to certain conditions. The transfer was not to be consideration or redress of any nature for the settlement of any claim against the Crown that was, or was founded on, a right arising from the Treaty of Waitangi, the principles of the Treaty, or otherwise:
(8) The Te Pūmautanga trustees agreed to transfer the fee simple estate in the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve to Ngāti Whakaue and Tūhourangi Ngāti Wahiao:
(9) Ngāti Whakaue and Tūhourangi Ngāti Wahiao agreed to establish a joint trust to hold the fee simple estate in the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve:
(10) The deed establishing the joint trust includes a procedure for determining the beneficial entitlement to the fee simple estate in the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve and for the possible transfer of some or all of those lands following the determination. Under the vesting deed dated 5 August 2008 (see recital (12)), the Crown acknowledged that Tūhourangi, Ngāti Wahiao (including Ngāti Tukiterangi, Ngāti Huarere and Ngāti Hinganoa) and Ngāti Hurungaterangi, Ngāti Taeotu me Ngāti Te Kahu o Ngāti Whakaue and the Koromatua hapū of Ngāti Whakaue, including the collective of the beneficial owners of Pukeroa Oruawhata block, all have the right to have their claims to the beneficial ownership of the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve independently determined through that procedure:
(11) Legislation is required to enable the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve to be vested in the trustees of the joint trust and the Crown’s conditions in relation to the vesting to be met:
(12) A deed to introduce the vesting legislation, dated 5 August 2008, was signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Minister of Māori Affairs, the Minister of Tourism, representatives of Ngāti Whakaue and Tūhourangi Ngāti Wahiao, and the Te Pūmautanga trustees (on behalf of the Affiliate Te Arawa Iwi/Hapū):
The Parliament of New Zealand therefore enacts as follows:
1 Title
This Act is the Whakarewarewa and Roto-a-Tamaheke Vesting Act 2008.
2 Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
Part 1
Preliminary provisions
3 Interpretation
In this Act, unless the context otherwise requires,—
Affiliate Te Arawa Act means the Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008
Arikikapakapa section 8 land means the land described by that name in Schedule 1
Arikikapakapa section 101 land means the land described by that name in Schedule 1
chief executive means the chief executive of Te Puni Kōkiri
closed roads means the land described by that name in Schedule 1
existing Arikikapakapa lease means the lease held in computer interest register SA2021/47, as varied by the registrable variation of lease mentioned in section 108(9)(b) of the Affiliate Te Arawa Act and entered into between the Crown and MACI in accordance with that Act
existing Arikikapakapa section 101 lease means the registrable lease of the Arikikapakapa section 101 land granted by the Crown to MACI in accordance with the Affiliate Te Arawa Act
existing Whakarewarewa Thermal Springs lease means the registrable lease of the Whakarewarewa Thermal Springs Reserve granted by the Te Pūmautanga trustees to MACI in accordance with the Affiliate Te Arawa Act
joint trust means the trust established by Ngāti Whakaue and Tūhourangi Ngāti Wahiao in accordance with the vesting deed
joint trustees means the trustees for the time being of the joint trust
MACI means the New Zealand Māori Arts and Crafts Institute
Roto-a-Tamaheke Reserve means the land described by that name in Schedule 1
Southern Arikikapakapa Reserve means the land described by that name in Schedule 1
Te Pūmautanga trustees means the trustees for the time being of the Te Pūmautanga o Te Arawa Trust (being the trust established by deed of trust dated 1 December 2006)
trust deed means the deed of trust establishing the joint trust, as amended from time to time in accordance with its terms
vesting deed means the deed dated 5 August 2008 to introduce vesting legislation in relation to the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve and signed by the Minister in Charge of Treaty of Waitangi Negotiations, the Minister of Māori Affairs, the Minister of Tourism, representatives of Ngāti Whakaue and Tūhourangi Ngāti Wahiao, and the Te Pūmautanga trustees (on behalf of the Affiliate Te Arawa Iwi/Hapū)
Whakarewarewa Thermal Springs Reserve means the land described by that name in Schedule 1.
4 Act binds the Crown
This Act binds the Crown.
Part 2
Vesting and related matters
Southern Arikikapakapa Reserve
5 Arikikapakapa Reserve
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(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
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(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.
6 Vesting of Southern Arikikapakapa Reserve
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(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.
7 Reservation of Southern Arikikapakapa Reserve
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(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.
8 Application of Part 4A of Conservation Act 1987
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(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.
9 Application of other enactments
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(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.
10 Modified application of Reserves Act 1977
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(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.
Other Reserves
11 Vesting of Whakarewarewa Thermal Springs Reserve
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(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.
12 Vesting of Roto-a-Tamaheke Reserve
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(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.
Leases, etc
13 Documents to be entered into
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.
14 Minister's power to execute on behalf of MACI
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(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.
15 Enforceability of leases
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.
16 Receipt and use of annual rent
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.
Registration
17 Registration: Southern Arikikapakapa Reserve
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(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.
18 Registration: other Reserves
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(1) The Registrar-General of Land must, on written application by the chief executive,—
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(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.
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Administering body
19 Change of administering body
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.
Subsequent transfer of Reserves
20 Restrictions on transfer
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(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.
21 Corresponding provisions cease to apply
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(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.
Miscellaneous
22 Rule against perpetuities does not apply to joint trust
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(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.
23 Election of joint trustees to become Māori authority
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.
24 Application of intra-Crown payments
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.
Part 3
Subdivisions
Power to subdivide
25 Need for Ministerial consent
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(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—
first transferee, in relation to a resulting parcel of land,—
(a) means the person or persons to whom the fee simple estate in that parcel of land is or is to be transferred in accordance with this section; and
(b) if those persons are trustees of a trust, includes (where applicable) the trustees for the time being of that trust
resulting parcel of land means a parcel of land resulting from the subdivision of a relevant Reserve in accordance with this section.
(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.
26 Resulting parcels of land to be treated as separate reserves
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(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.
27 Continuing application of Part 4A of Conservation Act 1987
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(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.
28 Modified application of Reserves Act 1977 to resulting reserves
-
(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.
Registration
29 Registration of subdivision and transfer
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(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.
30 Other registration requirements cease to apply
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(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.
31 Subsequent revocation
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(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).
Subsequent transfer of parcels of land
32 Restrictions on transfer of parcels of land
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(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.
Miscellaneous
33 Rule against perpetuities does not apply to first transferees
-
(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.
34 Election of first transferees to become Māori authorities
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.
Schedule 1 |
s 3 |
Arikikapakapa section 8 land
3.2931 hectares, more or less, being Section 8 Block XLIX Town of Rotorua. Part Gazette 1932 page 1252.
Arikikapakapa section 101 land
0.9143 hectares, more or less, being Section 101 Block I Tarawera Survey District. All GN H496075.
Closed roads
(a) 330 square metres, more or less, being Part Section 40 Block I Tarawera Survey District. Part Gazette 1958 page 622; and
(b) 599 square metres, more or less, being Part Section 3 Block V Tarawera Survey District. Part Gazette 1958 page 622.
Roto-a-Tamaheke Reserve
4.2110 hectares, more or less, being Sections 1, 2, and 3 SO 389705. Part Gazette 1904 page 2119.
Southern Arikikapakapa Reserve
(a) 0.5978 hectares, more or less, being Part Lot 1 DP 23567. Part computer freehold register SA621/156; and
(b) 12.8247 hectares, more or less, being Part Lot 3 DP 23567. Part computer freehold register SA621/156; and
(c) the Arikikapakapa section 8 land; and
(d) the Arikikapakapa section 101 land; and
(e) the closed roads.
Whakarewarewa Thermal Springs Reserve
43.4200 hectares, more or less, being Section 1 SO 390094. Part Gazette 1904 page 2119.
Schedule 2 |
ss 6(1), 11(1), 12(1) |
Southern Arikikapakapa Reserve
The encumbrances and other matters are—
(a) the existing Arikikapakapa lease; and
(b) the existing Arikikapakapa section 101 lease; and
(c) caveat No 5130240.1; and
(d) that the land must be administered as a recreation reserve subject to section 17 of the Reserves Act 1977.
Roto-a-Tamaheke Reserve
The encumbrances and other matters are—
(a) that the land must be administered as a recreation reserve subject to section 17 of the Reserves Act 1977; and
(b) that the land is subject to Part 4A of the Conservation Act 1987, but section 24 of that Act does not apply; and
(c) that the land is subject to sections 112(4) and 117 of the Affiliate Te Arawa Act; and
(d) that the land is subject to section 11 of the Crown Minerals Act 1991.
Whakarewarewa Thermal Springs Reserve
The encumbrances and other matters are—
(a) the existing Whakarewarewa Thermal Springs lease; and
(b) that the land must be administered as a recreation reserve subject to section 17 of the Reserves Act 1977; and
(c) that the land is subject to Part 4A of the Conservation Act 1987, but section 24 of that Act does not apply; and
(d) that the land is subject to sections 112(4) and 117 of the Affiliate Te Arawa Act; and
(e) that the land is subject to section 11 of the Crown Minerals Act 1991.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Whakarewarewa and Roto-a-Tamaheke Vesting Bill
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