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

(2) The fee simple estate in Matukutūruru then vests in the trustee.

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

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

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

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

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

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

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

  • (ii) any rule of law; and

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

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

• (a) is enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977; and

• (b) is to be treated as having been granted in accordance with that Act.

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

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

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

(4) 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.

(5) 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.

(6) The easement—

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

  • (ii) any rule of law; and

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

(1) 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.

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

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

(4) 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.

(5) 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.

(6) 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 a reserve reserves vested in the administering body.

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

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

• (b) the Auckland Council with a registrable lease on the terms and conditions set out in part 4 of the documents schedule.

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

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

  • (ii) any rule of law; and

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

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

• (a) is enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977; and

• (b) is to be treated as having been granted in accordance with that Act.

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

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

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

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

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

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

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

(8) The easement—

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

  • (ii) any rule of law; and

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

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

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

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

(4) 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.

(5) 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.

(6) The easement—

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

  • (ii) any rule of law; and

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

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

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

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

(4) 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.

(5) 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.

(6) The easement—

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

  • (ii) any rule of law; and

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

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

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

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

(4) 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.

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

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

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

(4) 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.

(5) 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.

(6) The easement—

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

  • (ii) any rule of law; and

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

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

(2) 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.

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

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

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) The easement—

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

  • (ii) any rule of law; and

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

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

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

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

(4) 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.

(5) 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.

(6) The easement—

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

  • (ii) any rule of law; and

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

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

(2) 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.

(3) 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.

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

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) The easement—

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

  • (ii) any rule of law; and

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

(1) 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.

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

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

(4) 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.

(5) 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.

(6) The easement—

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; or

  • (ii) any rule of law; and

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

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

• (a) on the vesting of the maunga in the trustee; and

• (b) despite the vesting.

(2) An improvement that is governed by an interest to which section 41(1) applies is vested, or remains vested, in accordance with the enactment or agreement by or under which the interest was created.

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

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

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

(6) 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.

(7) 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.

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

• (a) must be treated as personal property and not as land or as an interest in land; and

• (b) does not form part of the maunga; and

• (c) may remain attached to the maunga without the consent of, and without charge by, the trustee or the Maunga Authority.

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

• (a) no longer forms part of the maunga; and

• (b) must be treated as personal property and not as land or an interest in land; and

• (c) may remain attached to the maunga without the consent of, and without charge by, the trustee or the Maunga Authority.

(9) 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—

• (a) the person or body who attached the improvement; or

• (b) if the person or body is deceased, dissolved, or otherwise no longer exists, or the person or body no longer has an interest in the improvement, the person or body who, immediately before the vesting of the maunga, would have had a proprietary right to the improvement were the improvement to be treated as personal property.

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

(11) To avoid doubt, subsection (9)—

• (a) relates only to the ownership of an improvement to which that subsection applies; and

• (b) does not affect or limit any rights in relation to the maunga to which the improvement is attached that may arise from the ownership of the improvement.

(12) 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.

(1) 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 41(2) and (3).

(2) On and from the date of the reversion, the improvement—

• (a) must be treated as personal property and not as land or as an interest in land; and

• (b) does not form part of the maunga; and

• (c) may remain attached to the maunga without the consent of, and without charge by, the trustee.

(2) On and from the date of the reversion, the improvement—

• (a) no longer forms part of the maunga; and

• (b) must be treated as personal property and not as land or an interest in land; and

• (c) may remain attached to the maunga without the consent of, and without charge by, the trustee.

(1) For the purposes of administering the maunga under the Reserves Act 1977 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.

(2) Subsection (1) is subject to subsections (3) to (7) (8) and any other enactment that governs the use of the improvement concerned.

(3) 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.

(4) 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.

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

(6) 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—

• (a) the use by the trustee of the improvements described in part 4.1 of the property redress schedule; or

• (b) the use by the trustee of the land over which access is provided to those improvements.

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

(8) 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.

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

• (a) may be accessed, used, occupied, repaired, or maintained at any time without the consent of, and without charge by, the trustee; and

• (b) may be removed or demolished at any time without the consent of, and without charge by, the trustee. However, trustee; but,—

  • (i) before doing so, the trustee must be given no not less than 15 working days' written notice of the intended removal or demolition; and

  • (ii) after the removal or demolition, the Maunga Authority must ensure that the land is left in a clean and tidy condition.

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

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

(1) The reservation of Maungauika (being North Head Historic Reserve) as a historic reserve subject to the Reserves Act 1977 is revoked.

(2) The fee simple estate in Maungauika then vests in the trustee.

(3) Maungauika is then declared a reserve and classified as a historic reserve subject to section 18 of the Reserves Act 1977.

(4) 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.

(5) The easement—

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977, the Property Law Act 2007, or any other enactment; and

  • (ii) any rule of law; and

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

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

(7) To avoid doubt, as a result of subsection (6),—

• (a) Maungauika is not vested in, or managed and controlled by, an administering body; and

• (b) the Crown continues to administer, control, and manage Maungauika; and

• (c) the Crown continues to retain all income, and be responsible for all liabilities, in relation to Maungauika; and

• (d) Maungauika continues to form part of the Hauraki Gulf Marine Park established under section 33 of the Hauraki Gulf Marine Park Act 2000.

(8) Until the integrated management plan comes into effect, the Crown must administer, control, and manage the reserve in accordance with the North Head Historic Reserve Conservation Management Plan (1999).

(1) This section applies to improvements attached to Maungauika—

• (a) on the vesting of the maunga in the trustee under section 33; and

• (b) despite the vesting.

(2) An improvement that is governed by an interest to which section 41(1) applies is vested, or remains vested, in accordance with the enactment or agreement by or under which the interest was created.

(3) The improvements specified in part 4.2(a) of the property redress schedule vest in the trustee.

(4) The improvement specified in part 4.2(b) of the property redress schedule vests in the trustee.

(5) Any other improvements vest in accordance with subsections (6) to (9).

(6) Improvements owned by the Crown immediately before the vesting remain vested in the Crown.

(7) Improvements owned by the Auckland Council immediately before the vesting remain vested in the Auckland Council.

(8) An improvement to which subsection (6) or (7) applies—

• (a) must be treated as personal property and not as land or as an interest in land; and

• (b) does not form part of Maungauika; and

• (c) may remain attached to Maungauika without the consent of, and without charge by, the trustee or the Crown.

(8) An improvement to which subsection (6) or (7) applies—

• (a) no longer forms part of Maungauika; and

• (b) must be treated as personal property and not as land or an interest in land; and

• (c) may remain attached to Maungauika without the consent of, and without charge by, the trustee or the Crown.

(9) Any other improvement attached to Maungauika with the consent of the Crown at the time of its attachment is vested in—

• (a) the person or body who attached the improvement; or

• (b) if the person or body is deceased, dissolved, or otherwise no longer exists, or the person or body no longer has an interest in the improvement, the person or body who, immediately before the vesting of the maunga, would have had a proprietary right to the improvement were the improvement to be treated as personal property.

(10) Subsections (6) to (9) apply subject to any other enactment that governs the ownership of the improvement concerned.

(11) To avoid doubt, subsection (9)—

• (a) relates only to the ownership of an improvement to which that subsection applies; and

• (b) does not affect or limit any rights in relation to Maungauika that may arise from the ownership of the improvement.

(12) The trustee is not liable for an improvement for which it would, apart from this section, be liable by reason of its ownership of Maungauika.

(1) For the purposes of administering Maungauika under the Reserves Act 1977, the Crown 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 Maungauika.

(2) Subsection (1) is subject to subsections (3) to (11) and any other enactment that governs the use of the improvement concerned.

(3) The On and from the vesting of Maungauika in the trustee under section 33, the Crown must provide the trustee with access to the improvements specified in part 4.2(a) of the property redress schedule for the purpose of the trustee maintaining the improvements.

(4) The Crown must not require the payment of any rent, fee, royalty, or other charge from the trustee for using the trustee’s use of land over which access is provided for the purposes of subsection (3).

(5) The On and from the vesting of Maungauika in the trustee under section 33, the trustee must allow the Crown to use the improvement specified in part 4.2(b) of the property redress schedule as an interpretation centre, without charge for access, use, or occupation access to or the use or occupation of the land on which the improvement is sited, until the Crown no longer wishes to use the improvement for that purpose.

(6) The Crown is responsible for maintaining the improvement during this time.

(7) The Crown must provide the trustee with access to the improvement described in subsection (5)—

• (a) on and from the date that the Crown notifies the trustee in writing that it no longer wishes to use the improvement as an interpretation centre; and

• (b) for the purpose of the trustee maintaining the improvement.

(8) Subsections (3) and (7) apply subject to any terms and conditions agreed between the Crown and the trustee.

(9) The Crown must not require the payment of any rent, fee, royalty, or other charge from the trustee for using the trustee’s use of land over which access is provided for the purposes of subsection (7).

(10) Despite section 17Y of the Conservation Act 1987, the Minister of Conservation must not require the payment of any rent, royalty, fee, levy, or other charge from the trustee in respect of any interest or arrangement granted to the trustee under the Reserves Act 1977 or the Conservation Act 1987 and that relates to—

• (a) the use by the trustee of the improvements described in part 4.2(a) or (b) of the property redress schedule; or

• (b) the use by the trustee of the land over which access is provided to those improvements.

(11) An improvement described in section 34(6) or (7)—

• (a) may be accessed, used, occupied, repaired, or maintained at any time without the consent of, and without charge by, the trustee; and

• (b) may be removed or demolished at any time without the consent of, and without charge by, the trustee. However, trustee; but,—

  • (i) before doing so, the trustee must be given no not less than 15 working days' written notice of the intended removal or demolition; and

  • (ii) after the removal or demolition, the owner of the improvement must ensure that the land is left in a clean and tidy condition.

(12) Subsection (11)(b) is subject to section 36 in relation to the improvements described in subsections (1) and (4) of that section.

(13) In subsections (3) and (6) (7), trustee includes 1 or more members of Ngā Mana Whenua o Tāmaki Makaurau authorised by the trustee.

(14) To avoid doubt, nothing in subsection (11)(b) limits or affects the requirements of any the Reserves Act 1977 and any other enactment that may apply to the removal or demolition of an improvement to which that subsection applies.

(1) Subsections (2) and (3) apply if the Crown decides that it no longer wishes to own and occupy the buildings located on that part of Maungauika identified as Area C1 on deed plan OTS-115-12.

(2) The Crown must offer the buildings to the trustee for purchase on any terms the Crown thinks fit. However, the Crown may sell the buildings to the trustee only if the trustee can demonstrate that it is able to secure the right to use the buildings for a purpose compatible with the classification of Maungauika as a historic reserve subject to section 18 of the Reserves Act 1977 reserve classification under the Reserves Act 1977 that applies to Maungauika on the proposed date of sale.

(3) If the trustee declines to purchase the buildings, the buildings must remain vested in the Crown, and sections 34 and 35 continue to apply to the buildings accordingly.

(4) Subsections (5) and (6) apply if the Crown decides that it no longer wishes to own and occupy the buildings located on that part of Maungauika identified as Area C2 on deed plan OTS-115-12.

(5) The Crown must offer the buildings to the trustee for purchase on any terms the Crown thinks fit. However, the Crown may sell the buildings to the trustee only if the trustee can demonstrate that it is able to secure the right to use the buildings for a purpose compatible with the classification of Maungauika as a historic reserve subject to section 18 of the Reserves Act 1977 reserve classification under the Reserves Act 1977 that applies to Maungauika on the proposed date of sale.

(6) If the trustee declines to purchase the buildings, the Crown must remove or demolish the buildings, after complying with the requirements of section 35(11)(b)(i) and (ii) and any other relevant enactment.

(7) To avoid doubt, the consent of the trustee is not required for the removal or demolition of the buildings, nor may the trustee charge for their removal or demolition.

(8) An offer made by the Crown under subsection (2) or (5) expires on the 40th working day after the trustee receives notice of the offer.

(1) Subsection (2) applies if the trustee purchases, in accordance with section 36, the buildings located on that part of Maungauika identified as Area C1 or C2 on deed plan OTS-115-12.

(2) On and from the date that the purchase settles, the Crown must unconditionally authorise the following:

• (a) the trustee to have access over Maungauika to the buildings as is reasonably required for the occupation and use of the buildings for the purpose referred to in section 36(2) or (5) and, for the purposes of this paragraph, use of the land, and any remaining improvements, in Area C1 or C2 as is reasonably required; and

• (b) 24-hour vehicular access for the trustee to the buildings over the route shown dotted in red on deed plan OTS-115-12 and, for that purpose, 24-hour vehicular access over and use of the land, and any remaining improvements owned by the Crown, in Area C1 or C2 as is reasonably required.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that on the date specified in the order section 163(3) and Schedule 6 come into force.

(2) The Minister of Conservation may recommend the making of an order only if—

• (aa) the rest of the Act has or will come into force before the date specified in the proposed order; and

• (a) a computer freehold register for the fee simple estate in Maungauika in the name of the trustee has been created under section 42; and

• (b) the Minister has consulted the Minister of Local Government; and

• (c) the Auckland Council, after consulting the Maunga Authority, has provided notice in writing to the Minister of Conservation that the Council has agreed to be responsible for the routine management of Maungauika in the same manner as for other maunga under section 60.

(3) Despite subsection (2), if the Crown has made an offer to the trustee under section 36(2) or (5), the Minister of Conservation may recommend the making of an order only if he or she is also satisfied that the consequences of the making of the offer under section 36 have been fully dealt with under the relevant remaining provisions of that section.

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

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

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

(4) 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.

(5) The easement—

• (a) is enforceable in accordance with its terms despite—

  • (i) the provisions of the Reserves Act 1977; and

  • (ii) any inconsistency with the Property Law Act 2007 or any other enactment or rule of law; and

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

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

• (a) any enactment or instrument applying to Rarotonga / Mount Smart immediately before the revocation, vesting, and declaration, including the following, continues to apply as if the revocation, vesting, and declaration had not occurred:

  • (i) the Mount Smart Regional Recreation Centre Act 1985; and

  • (ii) the Local Government (Tamaki Makaurau Reorganisation) Council-controlled Organisations Vesting Order 2010; and

  • (iii) any instrument in relation to which the Auckland Council or Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland) is a party, including the licence between the Auckland Council and Regional Facilities Auckland Limited dated 22 December 2011; and

• (b) the Reserves Act 1977 continues to apply to Rarotonga / Mount Smart as if the reserve were vested in the Auckland Council.

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

• (a) retains all the powers conferred upon it under the Mount Smart Regional Recreation Centre Act 1985 in respect of Rarotonga / Mount Smart; and

• (b) subject to section 4 of that Act, retains all management and administrative authority for Rarotonga / Mount Smart as the administering body for the reserve under the Reserves Act 1977.

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

(2) This section is for the avoidance of doubt.

(1) This section applies to each maunga once the maunga is—

• (a) vested in the trustee under subpart 1, 2, or 3 of this Part; and

• (b) declared a reserve under any of sections 18 to 29, 33, and 38.

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

(3) The trustee must not—

• (a) transfer the fee simple estate in the maunga to any other person; or

• (b) mortgage, or give a security interest in, the maunga.

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

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

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

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

• (a) the transfer is to give effect to an exchange of any part of the maunga in accordance with section 15 of the Reserves Act 1977; and

• (b) the instrument to transfer the land in the maunga is accompanied by a certificate given by the trustee, or its solicitor, verifying that paragraph (a) applies.

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

(1) 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).

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

(3) On and from the vesting,—

• (a) for Maungauika, the Crown must be treated as the grantor of the interest until clause 3 of Schedule 6 comes into force (in accordance with section 37(1)):

• (b) for Rarotonga / Mount Smart, the Auckland Council must be treated as the grantor of the interest:

• (c) for any other maunga, the Maunga Authority must be treated as the grantor or the grantee of the interest, as the case may be.

(4) 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.

(5) The interest applies in respect of the maunga—

• (a) until the interest expires or is terminated; and

• (b) with any other necessary modifications; and

• (c) despite any change in status of the land in the maunga.

(6) If the interest has a grantor,—

• (a) for Maungauika, the Crown remains the grantor of the interest until clause 3 of Schedule 6 comes into force (in accordance with section 37(1)):

• (b) for any other maunga, the interest applies as if the Maunga Authority were the grantor.

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

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

(1) 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.

(2) 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,—

• (a) register the trustee as the proprietor of the fee simple estate in the land; and

• (b) record anything on the register and do anything else that is necessary to give effect to this Part and to the collective deed.

(3) 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,—

• (a) create 1 or more computer freehold registers for the fee simple estate in the land in the name of the trustee; and

• (b) record on the register or registers any interests that are registered, notified, or notifiable and that are described in the application.

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

(5) A computer freehold register must be created under this section as soon as is reasonably practicable after the effective date, but no not later than—

• (a) 24 months after the effective date; or

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

(6) In this section,—

(1) 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.

(2) 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.

(1) 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.

(2) 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.

(3) 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).

(1) 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.

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

• (a) the vesting of the fee simple estate in each maunga under subpart 1, 2, or 3 of this Part; or

• (b) any matter incidental to, or required for the purpose of, the vestings.

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

• (a) limit section 10 or 11 of the Crown Minerals Act 1991; or

• (b) affect other rights to subsurface minerals.

(4) The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out or forming any private road or private way, or granting or reserving a right of way over any private way, 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.

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

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

• (a) sections 48A(6), 114(5), and 115(6) of that Act; and

• (b) section 4 of the Mount Smart Regional Recreation Centre Act 1985.

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

(1) 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.

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

(1) 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.

(2) 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, 2, or 3 of this Part, was all or part of a Crown protected area.

(3) 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.

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

(5) Subsection (4) does not apply to Maungauika.

(6) 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.

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

(8) 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.

(1) This section applies in respect of each maunga.

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

• (a) the iwi and hapū interests as required by section 43; and

• (b) that the land is subject to Part 4A of the Conservation Act 1987, but that section 24 of that Act does not apply; and

• (c) that the land is subject to—

  • (i) subpart 2 and this subpart, this subpart and subpart 2 of this Part, if the register relates to Maungauika:

  • (ii) subpart 3 and this subpart, this subpart and subpart 3 of this Part, if the register relates to Rarotonga / Mount Smart:

  • (iii) subpart 1 and this subpart, this subpart and subpart 1 of this Part, if the register relates to any other maunga.

(3) 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.

(4) 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.

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

• (a) the part of the notation referred to in subsection (2)(b) that section 24 of the Conservation Act 1987 does not apply; and

• (b) the relevant notation referred to in subsection (2)(c).

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

• (a) for Maungauika, the Crown must be treated as the registered proprietor of the fee simple estate in the maunga until clause 13 of Schedule 6 comes into force (in accordance with section 37(1)):

• (b) for Rarotonga / Mount Smart, the Auckland Council must be treated as the registered proprietor of the fee simple estate in the maunga:

• (c) for any other maunga, the Maunga Authority must be treated as the registered proprietor of the fee simple estate in the maunga.

(7) 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 38(4).

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

(2) The land given by way of the exchange no longer forms part of the maunga and nothing in this Part applies to the land on and from the exchange.

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

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

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

(6) 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.

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

In this subpart, administered lands does not include administered lands within the meaning of paragraph (b) of that term as defined in section 8(1) (being any land described in section 109(1)(a) or (b) to which section 109(3) applies).

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

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

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

(3) 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.

(4) Subsection (2) is for the avoidance of doubt.

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

(2) 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.

(3) 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.

(4) Subsection (2) is for the avoidance of doubt.

(1) The following matters apply despite the operation of sections 52(1) and 53(1):

• (a) the administered lands remain reserves subject to the classifications of the Reserves Act 1977 that applied immediately before the operation of sections 52(1) and 53(1):

• (b) any enactment or any instrument applying to the administered lands, or any part of them, immediately before the operation of sections 52(1) and 53(1) continues to apply to the administered lands, or the part of them:

• (c) any interest that affected the administered lands, or any part of them, immediately before the operation of sections 52(1) and 53(1) continues to affect the administered lands, or the part of them.

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

• (a) the Reserves Act 1977 applies to the administered lands subject to the provisions of this Act; and

• (b) the Maunga Authority must be treated as the grantor or the grantee, as the case may be, of an interest described in subsection (1)(c); and

• (c) if an interest described in subsection (1)(c) is not an interest in land, whether or not the interest also applies to any other land, the interest applies in respect of the administered lands—

  • (i) until the interest expires or is terminated; and

  • (ii) with any other necessary modifications; and

  • (iii) despite any change in status of the land in the administered lands; and

• (d) any improvement attached to the administered lands and owned by the Auckland Council immediately before the effective date—

  • (i) must be treated as if it were vested in the Maunga Authority for the purposes of administering the lands under the Reserves Act 1977; and

  • (ii) must be treated as personal property and not as land or as an interest in land; and

  • (iii) does not form part of the administered lands; and

  • (ii) no longer forms part of the administered lands; and

  • (iii) must be treated as personal property and not as land or an interest in land; and

  • (iv) may remain attached to the administered lands without the consent of, and without charge by, the Crown; and

  • (v) may be used, occupied, accessed accessed, used, occupied, repaired, or maintained at any time without the consent of, and without charge by, the Crown; and

  • (vi) may be removed or demolished at any time without the consent of, and without charge by, the Crown. However, Crown; but,—

    • (A) before doing so, the Crown must be given no not less than 15 working days' written notice of the intended removal or demolition; and

    • (B) after the removal or demolition, the Maunga Authority must ensure that the land is left in a clean and tidy condition; and

• (e) for the purposes of any registration matter relating to an interest, the Maunga Authority must be treated as the registered proprietor of the fee simple estate in the administered lands.

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

(3) 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.

(3A) Subsection (3) is subject to any other enactment that governs the use of the improvement concerned.

(4) 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.

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

(1) 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.

(2) 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 Maungauika or Rarotonga / Mount Smart.

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

• (a) that applies to the following land:

  • (i) the maunga; and

  • (ii) Maungauika; and

  • (iii) the administered lands; and

  • (iv) any land for which any other enactment requires the Maunga Authority to be the administering body; and

• (b) that complies with the requirements of section 58.

(2) Despite subsection (1),—

• (a) the part of the plan relating to Maungauika must also be approved by the Minister of Conservation; and

• (b) the Maunga Authority must make the entire plan available for inspection by the Minister of Conservation whenever the Minister requires.

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

• (a) with any necessary modifications; but

• (b) subject to this section.

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

• (a) review the plan under section 41(4) of the Reserves Act 1977; or

• (b) consult another administering body under section 41(14) of that Act.

(1) 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 65(a) to (h).

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

• (a) 1 or more maunga:

• (b) either or both some or all of the administered lands:

• (c) 1 or more maunga and either or both some or all of the administered lands.

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

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

• (a) provisions relating to members of Ngā Mana Whenua o Tāmaki Makaurau carrying out other activities for cultural or spiritual purposes on the lands described in subsection (2); and

• (b) provisions that recognise the members' traditional or ancestral ties to those lands.

(5) 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:

• (a) limited land cultivation for harvesting traditional food and plants:

• (b) limited collection of other materials, including volcanic rock:

• (c) archaeological activities:

• (d) hāngi:

• (e) tribally significant tangihanga or hari tūpāpaku and the interment of tūpāpaku:

• (f) spiritual and cultural traditional practices and ceremonies other than those described in section 65(a) to (h):

• (g) nohoanga:

• (h) the permanent erection of symbolic structures and signage:

• (i) activities that exercise kaitiakitanga or manaakitanga, including overnight occupation.

(6) 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.

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

• (a) all of the lands described in subsection (2); or

• (b) specified lands described in subsection (2).

(1) 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 60 for that financial year.

(2) An annual operational plan must be—

• (a) agreed before the commencement of the financial year to which it relates; and

• (b) prepared and adopted concurrently with the Council's annual plan; and

• (c) included in the Council’s annual plan in summary form.

(3) An annual operational plan must include the following information:

• (a) information relating to the matters specified in subsection (4) for the financial year to which the plan relates for each maunga and the administered lands; and

• (b) indicative information in respect of the matters referred to in paragraph (a) for the following 2 financial years; and

• (c) relevant financial information contained in the Council's long-term plan and, as the case may be, draft long-term plan, for all activities and functions relating to the maunga and the administered lands; and

• (d) any other information relating to the maunga and the administered lands agreed by the Maunga Authority and the Council.

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

• (a) funding:

• (b) restoration work:

• (c) capital projects:

• (d) strategic, policy, and planning projects:

• (e) maintenance and operational projects:

• (f) levels of service to be provided by the Council:

• (g) contracts for management or maintenance activities on the maunga and the administered lands:

• (h) facilitation of authorised cultural activities:

• (i) educational programmes:

• (j) Ngā Mana Whenua o Tāmaki Makaurau programmes, including iwi or hapū programmes:

• (k) opportunities for members of Ngā Mana Whenua o Tāmaki Makaurau to carry out or participate in any of the activities described in paragraphs (b) to (i).

(5) For the purposes of subsection (2),—

• (a) the Maunga Authority and the Council must agree a draft annual operational plan and a summary of that plan; and

• (b) the Council must include the summary in the Council’s draft annual plan; and

• (c) the Maunga Authority and the Council must jointly consider submissions relating to that part of the Council’s draft annual plan relating to the summary; and

• (d) the Maunga Authority and the Council must agree the annual operational plan and a summary of that plan; and

• (e) the Council must include the summary of the annual operational plan in the Council’s annual plan.

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

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

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

(2) The Council must carry out this responsibility—

• (a) under the direction of the Maunga Authority; and

• (b) in accordance with—

  • (i) the current annual operational plan; and

  • (ii) any standard operating procedures agreed between the Maunga Authority and the Council; and

  • (iii) any delegations made to the Council under section 112.

(3) Despite subsection (2), the Council may carry out this 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 it the Maunga Authority does so, the Council must comply with that direction in accordance with the termination provisions of the agreement.

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

• (a) as if the Council were the administering body of the maunga and the administered lands; and

• (b) with any necessary modification; but

• (c) subject to subsection (2).

(5) This section is subject to section 61.

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

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

• (a) incurred by the Council in carrying out its functions under this Act; and

• (b) incurred by the Maunga Authority in carrying out its functions under this Act or the Reserves Act 1977.

(2) 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.

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

(4) In this section, funding and revenue have the meanings given by section 62(8).

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

(2) To this end, the funding and revenue must be—

• (a) held by the Auckland Council and accounted for separately from any other funding, revenue, or other income of the Council; and

• (b) applied by the Council—

  • (i) under the direction of the Maunga Authority; and

  • (ii) in accordance with the annual operational plan; and

  • (iii) for the purposes of fulfilling its responsibilities under section 61.

(3) In each financial year, the Auckland Council must—

• (a) report quarterly to the Maunga Authority on—

  • (i) the costs, funding, and revenue of the maunga and the administered lands for that quarter; and

  • (ii) any variation from the forecast costs, funding, and revenue for the maunga and the administered lands for that quarter; and

• (b) provide to the Maunga Authority—

  • (i) an annual financial report on the maunga and the administered lands for the year; and

  • (ii) a letter, signed by the Council's chief executive, confirming that the report described in subparagraph (i) is accurate and that the Council's accounts relating to the maunga and the administered lands for the year have been operated appropriately.

(4) 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.

(5) 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.

(6) 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.

(7) Subsection (2) applies despite—

• (a) the provisions of the Reserves Act 1977 or any other enactment; and

• (b) any agreement or rule of law.

(8) In this section,—

(1) 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—

• (a) the performance of the Maunga Authority during the year; and

• (b) the proposed activities of the Maunga Authority in the following year.

(2) 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—

• (a) the importance to Ngā Mana Whenua o Tāmaki Makaurau of cultural activities on and traditional uses of the tūpuna maunga o Tāmaki Makaurau; and

• (b) the importance of cultural activities on and traditional uses of the tūpuna maunga o Tāmaki Makaurau as an integral part parts of the relationship of Ngā Mana Whenua o Tāmaki Makaurau with the tūpuna maunga o Tāmaki Makaurau; and

• (c) the desirability of restoring and facilitating the exercise by Ngā Mana Whenua o Tāmaki Makaurau of cultural activities on and traditional uses of the tūpuna maunga o Tāmaki Makaurau.

In this Act, authorised cultural activity means—

• (a) the erection of pou or flags:

• (b) an instructional or educational hīkoi:

• (c) a wānanga, hui, or pōwhiri:

• (d) an event that celebrates the maunga and volcanic activity as distinguishing and land-shaping features of Tāmaki Makaurau:

• (e) an event that marks or celebrates the history of Aotearoa, Waitangi Day, or Matariki:

• (f) an event that celebrates the ancestral association, or exercises the mana, of Ngā Mana Whenua o Tāmaki Makaurau with or over the maunga:

• (g) an event that celebrates Ngā Mana Whenua o Tāmaki Makaurau in its collective capacity:

• (h) an event that celebrates an iwi or a hapū of Ngā Mana Whenua o Tāmaki Makaurau:

• (i) any other activity in relation to which provisions are included in the integrated management plan in accordance with section 58(4) to (7).

(1) 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—

• (a) 1 or more maunga:

• (b) either or both some or all of the administered lands:

• (c) 1 or more maunga and either or both some or all of the administered lands.

(2) 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.

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

(4) 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—

• (a) the activity will comply with the relevant provisions of the integrated management plan, including any terms and conditions prescribed in the plan in respect of the activity or an activity of that type; and

• (b) the activity will comply with the Resource Management Act 1991; and

• (c) any permission or other authorisation required under the Reserves Act 1977 from any person other than the Maunga Authority in respect of the carrying out of the activity has been obtained; and

• (d) the activity will comply with any other relevant enactment (for example, the Historic Places Act 1993 Heritage New Zealand Pouhere Taonga Act 2014, the Burial and Cremation Act 1964, and the Health Act 1956).

(5) 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—

• (a) temporary or moveable; or

• (b) if permanent, symbolic only (for example, pou whenua or waharoa), or necessary for cultural interpretation (for example, a sign explaining a feature or an event).

(6) 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).

(7) Notice must be given as soon as possible, but no fewer not later than 5 working days before the day, or the first day, on which the activity is to be carried out.

(8) 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.

(9) In this section, maunga does not include Maungauika or Rarotonga / Mount Smart.

(1) 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).

(2) The proposed date must be no not later than 1 year after the effective date.

(3) 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.

(4) In this section and section 68, motu vesting date is—

• (a) the date proposed by the trustee in accordance with subsections (1) to (3); or

• (b) the date that is 1 year after the effective date, if no such date is proposed.

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

• (a) specifying specifies the motu vesting date; and

• (b) stating states that the fee simple estate in each motu vests in the trustee on the motu vesting date; and

• (c) stating, states, for each motu, that the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau specified for that motu in part 3 of the property redress schedule have spiritual, ancestral, cultural, customary, and historical interests in the motu.

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

(7) 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.

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

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

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

• (a) each motu remains a reserve under the Reserves Act 1977 and that Act continues to apply to the motu; and

• (b) any other enactment or any instrument that applied to a motu immediately before the motu vesting date continues to apply to the motu; and

• (c) any interest that affected a motu immediately before the motu vesting date continues to affect the motu.

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

• (a) all liability for the motu; and

• (b) all management and administrative authority for the motu.

(5) Subsection (4) is for the avoidance of doubt.

(6) 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.

(1) 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.

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

(3) 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.

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

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

• (a) the reserve is not vested in, or managed and controlled by, an administering body; and

• (b) the Crown continues to administer, control, and manage the reserve; and

• (c) the Crown continues to retain all income, and be responsible for all liabilities, in relation to the reserve; and

• (d) the reserve continues to form part of the Hauraki Gulf Marine Park established under section 33 of the Hauraki Gulf Marine Park Act 2000.

(6) However, the Minister of Conservation must not—

• (a) authorise the exchange of Ngā Pona-toru-a-Peretū under the Reserves Act 1977; or

• (b) revoke the reserve status of Ngā Pona-toru-a-Peretū (but may reclassify it) under that Act.

(7) The trustee must not—

• (a) transfer the fee simple estate in Ngā Pona-toru-a-Peretū to any other person; or

• (b) mortgage, or give a security interest in, the land.

(1) Ngā Pona-toru-a-Peretū vests in the trustee under section 69 subject to, or together with, 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).

(2) Subsection (3) applies if Ngā Pona-toru-a-Peretū vests subject to an to any interest listed in Part 2 of Schedule 3 that is an interest in land.

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

(4) Subsections (5) and (6) apply if Ngā Pona-toru-a-Peretū vests subject to an 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.

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

• (a) until the interest expires or is terminated; and

• (b) with any other necessary modifications; and

• (c) despite any change in status of the land in Ngā Pona-toru-a-Peretū.

(6) If the interest has a grantor, the Crown remains the grantor in respect of the interest.

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

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

• (a) on the vesting of the property Ngā Pona-toru-a-Peretū in the trustee under section 69; and

• (b) despite the vesting.

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

• (a) may remain attached to Ngā Pona-toru-a-Peretū without the consent of, and without charge by, the trustee; and

• (b) may be used, occupied, accessed, repaired, or maintained at any time without the consent of, and without charge by, the trustee; and

• (c) may be removed or demolished by the Crown at any time without the consent of, and without charge by, the trustee.

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

(4) 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.

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

(1) 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.

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

(3) The Islington Bay Hall property is then—

• (a) declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977; and

• (b) included in the Hauraki Gulf Marine Park established under section 33 of the Hauraki Gulf Marine Park Act 2000 in accordance with section 163(2) of this Act.

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

(5) The trustee must not—

• (a) transfer the fee simple estate in the Islington Bay Hall property to any other person; or

• (b) mortgage, or give a security interest in, the property; or

• (c) consent to the exchange of the property under section 15 of the Reserves Act 1977.

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

(1) The Islington Bay Hall property vests in the trustee under section 72 subject to, or together with, 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).

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

(3) The interest applies in respect of the property—

• (a) until the interest expires or is terminated; and