Reserves and Other Lands Disposal Act 1995

1: Short Title
This Act may be cited as the Reserves and Other Lands Disposal Act 1995. Hauai land claim
2: Oke Bay Scenic Reserve
1: The reservation of the land described in subsection (5) as a reserve under the Reserves Act 1977
2: The land described in subsection (5) is hereby vested in the trustees of the Hauai Trust for an estate in fee simple and, subject to subsection (4) and to section 3
3: The land described in subsection (5) shall be deemed to be Maori freehold land within the meaning of the Maori Land Act 1993
4: Nothing in section 24 section 3 Maori Land Act 1993
5: This section relates to all the piece of land comprising 25.1180 hectares, more or less, being Hauai 2D8 Block, situated in Block XV, Bay of Islands Survey District, and being all the land comprised and described in Gazette New Zealand Gazette
6: For the purpose of this section, foreshore
3: Wahi tapu site
1: Notwithstanding section 2
2: Notwithstanding section 2
3: The wahi tapu site to which this section relates is all that piece of land containing 6800 square metres, more or less, being part Hauai 2D8 Block, situated in Block XV, Bay of Islands Survey District; as shown marked A
4: Felix Farm
1: The vesting in the trustees of the Hauai Trust of the land described in subsection (2) is hereby cancelled and that land is hereby vested in the Crown as Crown land subject to the Land Act 1948
2: This section relates to all the piece of land comprising 28.2000 hectares, more or less, being Allotment 221, Parish of Whangarei, situated in Block VIII, Purua Survey District, and being the balance of the land comprised and described in Register Book 43B/275 (North Auckland Registry) (SO Plan 51857).
5: Revocations
1: The Proclamation by which the land described in section 2(5) Land Act 1948 Gazette
2: The following notices, namely,—
a: the notice by which the land described in section 2(5) Land Act 1948 Gazette
b: the notice by which the Bay of Islands Maritime and Historic Park Board was, under the Reserves Act 1977 section 2(5) Gazette
c: the notice by which the land described in section 2(5) Reserves Act 1977 Gazette are hereby revoked. Ngati Whakaue Education Endowment
6: Ngati Whakaue Education Endowment Trust Board
1: There is hereby established a board to be called the Ngati Whakaue Education Endowment Trust Board.
2: The Board shall be a body corporate with perpetual succession and a common seal, and, subject to section 7
a: full capacity to carry on or undertake any business or activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), full rights, powers, and privileges.
3: The board shall consist of the following members:
a: 5 members appointed by the Trustees of Pukeroa-Oruawhata:
b: 1 member appointed by the Trustees of Pukeroa-Oruawhata who shall be the Chairperson:
c: 1 member appointed by the Board
d: 1 member appointed by the Board
e: 1 member appointed by the Board
f: 1 member appointed by the Board
g: 1 member appointed by the Board
4: The members of the Board shall from time to time appoint one of their number to be the Deputy Chairperson. Section 6(3)﻿(c) amended 1 August 2020 section 668 Education and Training Act 2020 Section 6(3)﻿(d) amended 1 August 2020 section 668 Education and Training Act 2020 Section 6(3)﻿(e) amended 1 August 2020 section 668 Education and Training Act 2020 Section 6(3)﻿(f) amended 1 August 2020 section 668 Education and Training Act 2020 Section 6(3)﻿(g) amended 1 August 2020 section 668 Education and Training Act 2020
7: Trust property
1: Notwithstanding anything in section 19 of the School Trustees Act 1989
a: the land to which this section relates, together with all assets and liabilities associated with that land that were vested in the Public Trustee immediately before the commencement of this section, is hereby vested in the Ngati Whakaue Education Endowment Trust Board in trust and shall hereafter be known as the Ngati Whakaue Education Endowment:
b: the Board has power to lease the land to which this section relates, but shall not sell or otherwise dispose of any part of the land except—
i: for the purpose of subdividing the land to make it more suitable for leasing; or
ii: for the purpose of providing access or any other purpose ancillary to a subdivision:
c: the Board shall not exercise any of its rights, powers, and privileges except for the purposes of performing its functions in relation to the land, assets, and liabilities referred to in paragraph (a):
d: the net revenue (after payment of all administration charges) received by the Board from the land to which this section relates shall be applied by the Board for the general purpose of education:
e: the vesting of the land, assets, and liabilities referred to in paragraph (a) of this subsection in the Public Trustee pursuant to the said section 19 is hereby revoked.
2: This section relates to all that area in the South Auckland Land District, situated in the District of Rotorua, being Blocks XLIII, XLIV, XLV, XLVI, and XLVII, Town of Rotorua, as more particularly described in the Schedule
8: Term of office of members of Ngati Whakaue Education Endowment Trust Board
1: Subject to subsection (3), every member of the Ngati Whakaue Education Endowment Trust Board shall hold office for such term, not exceeding 3 years, as the appointing body shall specify, and may from time to time be reappointed.
2: Any member of the Board may at any time resign his or her office by writing addressed to the Chairperson or Deputy Chairperson.
3: Unless a member sooner dies, resigns, or is otherwise unable to continue in office, every member of the Board shall continue in office until that member's successor comes into office, notwithstanding that the term for which that member was appointed may have expired.
9: Meetings of Ngati Whakaue Education Endowment Trust Board
1: Meetings of the Ngati Whakaue Education Endowment Trust Board shall be held at such times and places as the Chairperson from time to time appoints.
2: At all meetings of the Board, 5 members shall constitute a quorum and no business shall be transacted unless such a quorum is present.
3: Every question before any meeting of the Board shall be determined by a majority of the members present and voting on the question.
4: At any meeting at which the Chairperson is present, he or she shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
5: If the Chairperson is absent from any meeting, the Deputy Chairperson, if present, shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
6: If neither the Chairperson nor the Deputy Chairperson is present at any meeting, the members present shall appoint one of their number to be the Chairperson of that meeting and that Chairperson shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
7: The powers of the Board shall not be affected by any vacancy in its membership, nor shall the proceedings of the Board be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member.
8: Subject to the provisions of this section, the Board may regulate its procedure in such manner as it thinks fit.
10: Financial statements must be prepared
1: The Ngati Whakaue Education Endowment Trust Board must ensure that, within 5 months after the end of the financial year, financial statements are—
a: completed in relation to the Board and that financial year; and
b: dated and signed on behalf of the Board by 2 members of the Board.
2: The financial statements must be prepared in accordance with—
a: generally accepted accounting practice if the Ngati Whakaue Education Endowment Trust Board is a specified not-for-profit entity; or
b: in any other case, either generally accepted accounting practice or a non-GAAP standard that applies for the purposes of this section.
3: In this section and sections 10A 11 financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 non-GAAP standard section 5 Financial Reporting Act 2013 specified not-for-profit entity section 46 Financial Reporting Act 2013 Section 10 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
10A: Financial statements must be audited
1: The Ngati Whakaue Education Endowment Trust Board must ensure that the financial statements of the Board are audited.
2: The Ngati Whakaue Education Endowment Trust Board is a public entity as defined in section 4 Section 10A inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
11: Annual report
1: The Ngati Whakaue Education Endowment Trust Board must, within 1 month after the receipt of the audit report on the financial statements, provide to the Minister of Education a report of its proceedings and operations for its preceding financial year, a copy of its financial statements for that year, and a copy of the audit report.
2: The Minister must present a copy of the report, of the financial statements, and of the audit report to the House of Representatives—
a: not later than 10 working days after the Minister receives those documents; or
b: if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament. Section 11 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
12: Repeals
Amendment(s) incorporated in the Act(s). Entries in registers
13: Entries in registers
District Land Registrars and Registrars of the Maori Land Court are hereby authorised and directed to make such entries in their respective registers, and to do such other things, as may be necessary to give full effect to the provisions of this Act.