Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009

1: Title
This Act is the Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009 brought into force 19 November 2010 clause 2 Whakarewarewa and Roto-a-Tamaheke Vesting Act Commencement Order 2010 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Interpretation
In this Act, unless the context otherwise requires,— Affiliate Te Arawa Act Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 Arikikapakapa section 8 land Schedule 1 Arikikapakapa section 101 land Schedule 1 chief executive closed roads Schedule 1 existing Arikikapakapa lease section 108(9)﻿(b) existing Arikikapakapa section 101 lease Affiliate Te Arawa Act existing Whakarewarewa Thermal Springs lease Affiliate Te Arawa Act joint trust joint trustees MACI Roto-a-Tamaheke Reserve Schedule 1 Southern Arikikapakapa Reserve Schedule 1 Te Pūmautanga trustees trust deed vesting deed Whakarewarewa Thermal Springs Reserve Schedule 1
4: Act binds the Crown
This Act binds the Crown.
2: Vesting and related matters
Southern Arikikapakapa Reserve
5: Arikikapakapa Reserve
1: The closed roads are declared a reserve and classified as a recreation reserve subject to section 17
2: The following lands are included as part of the recreation reserve known as the Arikikapakapa Reserve in Schedule 2
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 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
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
5: Sections 24 25
6: The reference in Schedule 2
6: Vesting of Southern Arikikapakapa Reserve
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
1: The Southern Arikikapakapa Reserve is declared a reserve and classified as a recreation reserve subject to section 17
2: The reserve created by subsection (1) is named the Southern Arikikapakapa Reserve, and section 16(10)
8: Application of Part 4A of Conservation Act 1987
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
2: However, sections 24 24A 24AA
3: If the reservation of the Southern Arikikapakapa Reserve under section 7(1)
a: section 24
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
1: Section 11 Part 10
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 11
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)
10: Modified application of Reserves Act 1977
1: Sections 48A 114 115
2: Sections 78(1)﻿(a) 79 81 88
3: If the reservation of the Southern Arikikapakapa Reserve under section 7(1) section 24 section 25 Other Reserves
11: Vesting of Whakarewarewa Thermal Springs Reserve
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
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
b: the application of the Reserves Act 1977 Conservation Act 1987 Affiliate Te Arawa Act
12: Vesting of Roto-a-Tamaheke Reserve
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
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
b: the application of the Reserves Act 1977 Conservation Act 1987 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
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
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 Tourist and Health Resorts Control Act 1908
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) Reserves Act 1977 Registration
17: Registration: Southern Arikikapakapa Reserve
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
b: that section 24
c: that the land is subject to section 8(3)
d: that the land is subject to section 20
5: A notification made under subsection (4)﻿(a) is to be treated as having been made in compliance with section 24D(1)
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
1: The Registrar-General of Land must, on written application by the chief executive,—
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
b: make a notification recording that they are subject to section 20
3: If the reservation under the Affiliate Te Arawa Act
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)
b: the Registrar-General must comply with any such application.
4: If the reservation under the Affiliate Te Arawa Act 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
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
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
5: The relevant conditions
a: that the new owners are able to comply with the requirements of the Reserves Act 1977
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
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
1: On the coming into force of section 20 Affiliate Te Arawa Act
2: The Affiliate Te Arawa Act Miscellaneous
22: Limit on duration of trusts does not apply to joint trust
1: No rule of law or provisions of an Act, including section 16
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 trust may continue indefinitely under section 16(6)﻿(a)
3: No rule of law or provisions of an Act, including section 16 Section 22 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 22(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 22(2)﻿(b) replaced 30 January 2021 section 161 Trusts Act 2019 Section 22(3) replaced 30 January 2021 section 161 Trusts Act 2019
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)
b: accordingly, the joint trustees are deemed to be eligible under that section to make an election under section HF 11
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)
3: Subdivisions
Power to subdivide
25: Need for Ministerial consent
1: This section applies if—
a: the beneficial interest in the Reserves vested in the joint trustees under Part 2
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 Reserves Act 1977
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 Part 10
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
b: is able to perform the duties of an administering body under that Act.
6: In this Part,— first transferee
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
7: The permission of a council under section 348
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
1: If a relevant Reserve is subdivided and transferred in accordance with section 25 section 17
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
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 section 29
27: Continuing application of Part 4A of Conservation Act 1987
1: If the Southern Arikikapakapa Reserve is subdivided and transferred in accordance with section 25
a: section 8(3)
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)
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 114 115
2: Sections 78(1)﻿(a) 79 to 81 88
3: If the reservation of a resulting parcel of land is revoked under section 24 section 25 Registration
29: Registration of subdivision and transfer
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
b: remove the notification recording that the parcel of land is subject to section 20
c: make a notification recording that the parcel of land is subject to section 32
5: The relevant suspension provision
a: in the case of the Southern Arikikapakapa Reserve, section 8(3)
b: in the case of the Whakarewarewa Thermal Springs Reserve or the Roto-a-Tamaheke Reserve, section 112(4)
30: Other registration requirements cease to apply
1: If the Southern Arikikapakpapa Reserve is subdivided and transferred in accordance with section 25 section 17(6) and (7)
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) section 18(3) and (4)
31: Subsequent revocation
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
a: that section 24
b: that the land is subject to the relevant suspension provision and to section 27
c: that the land is subject to section 32
4: The relevant suspension provision section 29(5) Subsequent transfer of parcels of land
32: Restrictions on transfer of parcels of land
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 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
5: The relevant conditions
a: that the new owners are able to comply with the requirements of the Reserves Act 1977
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
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: Limit on duration of trusts does not apply to first transferees
1: No rule of law or provisions of an Act, including section 16
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 trust may continue indefinitely under section 16(6)﻿(a)
3: For the purposes of this section,—
a: a trust is a relevant trust
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
ii: it is not a charitable trust; and
b: relevant trustees Section 33 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 33(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 33(2)﻿(b) replaced 30 January 2021 section 161 Trusts Act 2019
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)
b: accordingly, each first transferee is deemed to be eligible under that section to make an election under section HF 11