Hereora Dave: Mauao Historic Reserve Vesting Bill — First Reading 
Hereora Dave: Mauao Historic Reserve Vesting Bill — First Reading 
[Volume:644;Page:13934] 
DAVE HEREORA (Labour) 
: 
 I rise in support of the Mauao Historic Reserve Vesting Bill which will acknowledge the significance of this important ancestral mountain to the tangata whenua of Tauranga Moana while preserving the conservation values of Mauao to the nation. One of the principles of this bill is about the Tauranga community coming together with the iwi and Tauranga Moana and supporting the principle of preserving the conservation values of Mauao to the nation. I think that is quite significant because it shows that where there is a willingness within the community to work together and support a common goal we end up with good legislation that supports that principle.  
The transfer will recognise the value of Mauao to iwi and will elevate the values already associated with the Mauao historic reserve. The bill does not include the recreation reserve at the foot of Mauao but it includes the three parcels that comprise the historic reserve—the bulk of the mountain. From the outset kaumatua have expressed their desire to protect Mauao from alienation and commercialisation.  
This bill provides for the continuance of the provisions of the Reserves Act 1977 which already provides for those key planks. Clause 6 of the bill prohibits the trustees from disposing of transferring or charging the reserve or any part of it. Similarly the bill prevents the Minister of Conservation from exercising any power under section 26 of the Reserves Act 1977 to vest the reserve in other persons. The bill therefore achieves the transfer of the fee simple estate in Mauao historic reserve to Ngai Te Rangi Ngati Ranginui and Ngati Pukenga in perpetuity. The only remunerative activity that could occur would be under the provisions of the Reserves Act. For example interpretive tours could be undertaken and the receipts paid back into the administration of that activity. Third-party access and use rights for the incumbents such as those regarding the reservoir navigational beacon and trig station will continue and public access is guaranteed.  
There is no intention to revoke the reserve status of Mauao historic reserve. The Minister of Conservation will retain the power to appoint the administering body of the Mauao historic reserve. I consider this bill to provide a great compromise that provides for iwi to own the reserve as its registered proprietors and for all New Zealanders to continue to enjoy Mauao. The bill does not preclude iwi from investigating options with the Crown and the Tauranga City Council around the joint management of the historic reserve under the Reserves Act 1977 in the future.  
I would like to mention some of the finer points of the bill. Clause 7 has been the source of some debate. It provides that the Mauao historic reserve must be treated as if the fee simple estate were still vested in the Crown. Although that clause may sound contradictory with the proposal to transfer the ownership of Mauao it is necessary for several reasons that clause 7 provides that the Crown for all legal purposes continues to bear the rights and obligations in respect of the reserve as if it were the owner of the reserve. This clause ensures that the trustees of the Mauao Trust are not liable for any obligations that currently fall to the Crown such as those under the Building Act 2004 that the holder of the fee simple estate may have in relation to the structures or alterations to structures on the reserve.  
Clause 8 is a particular application of clause 7 and it provides that the Mauao historic reserve remains a historic reserve and that in respect of it the Minister of Conservation continues to have the functions obligations and powers of the Minister in relation to a reserve vested in the Crown. Clause 8 also maintains the current position of the Tauranga City Council as the administering body for the reserve. Without the explicit provisions in clauses 7 and 8 the Minister of Conservation would not be able to appoint that administering body and the legal status of the reserve would be unclear. 
The Tauranga Moana iwi and Waitaha are to assume more of a role in managing the Mauao historic reserve in future. When the administration infrastructure is in place the full extent of the rights obligations and potential liabilities associated with that will fall to the trustees of the management body. Ngai Te Rangi Ngati Ranginui Ngati Pukenga and Waitaha are currently represented on an advisory committee that has input into council management decisions over the reserve. A revised proposal recently submitted to the Government which formed the basis of the agreement by iwi to progress this bill includes Waitaha also being represented at the management level. Tauranga Moana iwi and Waitaha have signed the agreement and have indicated broad support for the bill.  
In summary speaking as the chair of the Maori Affairs Committee we look forward to receiving this bill. We look forward to being given the opportunity to analyse this bill through the select committee process and obviously we will be commending it when it comes back to the House. Kia ora.