Orakei Act 1991

1: Short Title and commencement
1: This Act may be cited as the Orakei Act 1991.
2: This Act shall come into force on the date on which it receives the Royal assent.
2: Interpretation
In this Act, unless the context otherwise requires,— beneficiary development land Part 1 former Act Orakei Block (Vesting and Use) Act 1978 hapu hapu land section 4
a: the papakainga; and
b: the whenua rangatira hapu reservation Part 2 section 6 papakainga
a: the land described in Schedule 1
i: the development land; and
ii: the hapu reservation; and
b: the land described in Part 2 section 7(3) putea Reserves Board section 20 roads Schedule 2 section 7 Trust Board section 4(1) of the former Act section 9 whenua rangatira Schedule 3
3: Act to bind the Crown
This Act binds the Crown.
1: Vesting and status of hapu land
4: Vesting of hapu land in Trust Board
The hapu land, being the land described in Schedules 1 3
5: Status of hapu land
Subject to section 17
6: Hapu reservation
The hapu reservation, being all the land described in Part 2
a: shall be held for the common use and benefit of the beneficiaries, for the purposes of a marae, church, urupa, and related hapu amenities; and
b: shall be inalienable whether to the Crown or to any other person.
7: Roads
1: The land described in Part 1 section 315
2: Where any road or access way or any part of a road or access way, being a road or access way or a part of a road or access way vested in the Auckland Council
a: vest in the Trust Board for an estate in fee simple; and
b: shall, as appropriate, form part of the adjoining papakainga or whenua rangatira.
3: The land described in Part 2
a: stopped as a road; and
b: vested in the Trust Board as part of the papakainga.
4: The Trust Board shall transfer to the Auckland section 33 Section 7(2) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 7(4) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
8: Whenua rangatira
1: The whenua rangatira, being the land described in Schedule 3 section 439 of the Maori Affairs Act 1953
2: Notwithstanding anything in subsection (1) of this section subsections (5) to (9) and (11) to (17) of section 439 of the Maori Affairs Act 1953
2: Ngati Whatua o Orakei Maori Trust Board
9: Ngati Whatua o Orakei Maori Trust Board
1: The body corporate constituted by section 4 of the former Act, under the name of the Ngati Whatua of Orakei Maori Trust Board, shall continue in being notwithstanding the repeal of the former Act by this Act.
2: As from the commencement of this Act the Trust Board shall be known as the Ngati Whatua o Orakei Maori Trust Board.
3: The Trust Board shall continue to be a Maori Trust Board within the meaning and for the purposes of the Maori Trust Boards Act 1955
10: Beneficiaries
The beneficiaries of the Trust Board are hereby declared to be the living members of the hapu, being the descendants of their common ancestor Tuperiri.
11: Roll of beneficiaries
1: The Trust Board shall maintain a roll containing the names and addresses of its beneficiaries.
2: The Trust Board shall ensure that a copy of the roll of beneficiaries is kept at its office and is made available for inspection by any person.
12: Presumption in relation to roll of beneficiaries
It shall be presumed, in the absence of any proof to the contrary, that where the name of any person appears in the roll of beneficiaries, that person is a beneficiary of the Trust Board.
13: Application for inclusion of name in roll of beneficiaries
1: Any person whose name does not appear in the roll of beneficiaries and who claims to be a beneficiary of the Trust Board, may apply in writing to the Trust Board for the inclusion of his or her name in the roll of beneficiaries.
2: Every application made under subsection (1)
3: On the receipt of any application made under subsection (1), the Trust Board shall either—
a: grant the application, include the applicant's name in the roll of beneficiaries, and inform the applicant accordingly in writing; or
b: reject the application, and inform the applicant accordingly in writing, stating the reasons for the rejection.
4: Where any application made under subsection (1)
5: Where the applicant applies to the Maori Land Court under subsection (4)
6: There shall be no right of appeal against the Maori Land Court's decision in respect of any application made under subsection (4) section 452 of the Maori Affairs Act 1953
7: Where any person who claims to be a beneficiary is a minor, an application may be made on that person's behalf under subsection (1) or subsection (4)
14: Duties and powers of Trust Board
1: The principal duties of the Trust Board shall be—
a: to hold, conserve, administer, and develop the hapu land as a perpetual estate and turangawaewae for the beneficiaries:
b: to hold, conserve, administer, and develop the putea for the beneficiaries:
c: to provide services and amenities in relation to the hapu land and the putea.
2: Subject to the provisions of this Act and of any other enactment, the Trust Board shall have and may exercise all such powers and authorities as may be necessary to enable it to perform its duties under subsection (1)
15: Restrictions in relation to land
Subject to sections 16 17
16: Power to grant easements
1: The Trust Board may grant, for valuable consideration or otherwise, easements, in gross or otherwise, over any part of the hapu land.
2: The Trust Board may grant, for valuable consideration or otherwise, easements, in gross or otherwise, over any part of the putea to any local authority within whose jurisdiction that part of the putea is situated.
17: Power to grant leases of development land
The Trust Board may at any one time lease not more than one-fifth of the total area of the development land on such terms as it thinks fit, as if that land were general land within the meaning of the Maori Affairs Act 1953
18: Naming of whenua rangatira
1: The Trust Board shall accord the whenua rangatira such name or names as it considers appropriate, and shall notify the Minister of Maori Affairs of its decision.
2: The Minister of Maori Affairs shall, by notice in the Gazette
19: Power of Trust Board to negotiate outstanding claims
1: Subject to subsection (2), in addition to the functions and powers conferred on the Trust Board by the Maori Trust Boards Act 1955
2: This Act shall constitute a full and final settlement of any claim which the hapu may have against the Crown in relation to the Orakei Block.
3: Ngati Whatua o Orakei Reserves Board
20: Ngati Whatua o Orakei Reserves Board established
There is hereby established a board to be known as the Ngati Whatua o Orakei Reserves Board.
21: Duties and powers of Reserves Board
1: The Reserves Board is hereby appointed as the administering body to control and manage the whenua rangatira, deemed by section 8 section 439 of the Maori Affairs Act 1953
2: Subject to the provisions of this Act, the Reserves Board shall control and manage the whenua rangatira for the purposes of the classification of the whenua rangatira as a recreation reserve under the Reserves Act 1977
3: In relation to the whenua rangatira, the Reserves Board shall have, to the extent that they do not conflict with the provisions of this Act,—
a: the powers conferred by the Reserves Act 1977
b: the powers that, by regulations made from time to time under section 439(10) of the Maori Affairs Act 1953
4: The Reserves Board shall have such additional and incidental powers as may from time to time be conferred on it by regulations made under this Act or by any other enactment.
22: Management plan
The Reserves Board shall prepare and maintain a management plan, in accordance with section 41
23: Power to grant leases and licences
Subject to the management plan prepared in accordance with section 22
24: Costs of management of reserves
Except as provided by section 29 Section 24 amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
25: Membership of Reserves Board
1: The Reserves Board shall comprise 6 members or such greater even number of persons as may be fixed by agreement in writing between the Auckland
2: One half of the number of members of the Reserves Board shall be appointed in writing by the Trust Board and one half of such number shall be appointed in writing by the Auckland
3: Subject to section 26 Section 25(1) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 25(2) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
26: Extraordinary vacancies
1: The body by which any member of the Reserves Board is appointed may at any time in its discretion, by notice in writing to that member, remove that member from office.
2: Any member of the Reserves Board may at any time resign his or her office by writing addressed to the body by which the member was appointed.
3: If any member of the Reserves Board dies, or resigns, or is removed from office, his or her office shall become vacant and the vacancy shall be deemed to be an extraordinary vacancy.
4: An extraordinary vacancy shall be filled in the manner in which the appointment to the vacant office was originally made.
5: Every person appointed to fill an extraordinary vacancy in the office of a member of the Reserves Board shall be appointed for the residue of the term for which the vacating member was appointed.
6: The powers of the Reserves Board shall not be affected by any vacancy in its membership.
27: Appointment of presiding member and deputy presiding member
1: Not less than 1 month before the first meeting of the Reserves Board,—
a: the Trust Board shall, in writing, appoint one member of the Reserves Board to be the initial presiding member; and
b: the Auckland City Council shall, in writing, appoint one other member of the Reserves Board to be the initial deputy presiding member.
2: The presiding member and the deputy presiding member of the Reserves Board shall thereafter be appointed by the Trust Board and the Auckland
3: Appointments under subsection (2) Section 27(2) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
28: Meetings of Reserves Board
1: The first meeting of the Reserves Board shall be held in the City of Auckland within 6 months from the date of commencement of this Act, at a time and place to be appointed by the Auckland City Council.
2: Subject to subsections (1) and (3)
3: The Reserves Board shall hold meetings at successive intervals of not more than 6 months.
4: At all meetings of the Reserves Board a quorum shall consist of one half of the number of members, but no meeting of the Reserves Board shall be held or continue unless—
a: the presiding member or the deputy presiding member is present; and
b: at least 1 member appointed by the Trust Board and 1 member appointed by the Auckland
5: The presiding member shall chair all meetings of the Reserves Board at which he or she is present.
6: In the absence of the presiding member from any meeting of the Reserves Board, the deputy presiding member shall chair the meeting.
7: All resolutions to be considered by the Reserves Board shall be proposed by one member of the Reserves Board and shall be seconded by another member of the Reserves Board; and any such resolution shall be passed or rejected according to the voting of the members thereof present at the meeting of the Reserves Board, which voting shall be by a show of hands.
8: At any meeting of the Reserves Board the person presiding over the meeting shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
9: The proceedings and resolutions of every meeting of the Reserves Board shall be recorded in a minute book to be kept for the purpose.
10: Subject to the provisions of this Act and of any regulations made under this Act, the Reserves Board shall regulate its own procedure. Section 28(4)(b) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
29: Remuneration and expenses of members of Reserves Board
1: There shall, in accordance with the Fees and Travelling Allowances Act 1951
a: remuneration by way of fees, salary, or allowances, for the member's services as a member of the Reserves Board; and
b: travelling allowances and expenses in respect of time spent travelling in the service of the Reserves Board.
2: Amendment(s) incorporated in the Act(s)
30: Accounting and auditing of Reserves Board
1: Not later than 4 months before the end of each financial year of the Auckland
2: The Reserves Board shall cause full and accurate accounts to be kept of all money received and paid by it.
3: At the close of each financial year the Reserves Board shall cause its accounts to be audited by a chartered accountant.
4: The Reserves Board shall cause a copy of any accounts audited under subsection (3) to be delivered to the Trust Board and the Auckland Section 30(1) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 30(4) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
31: Charitable nature of purposes of Reserves Board
The purposes for which the Reserves Board is established shall be deemed to be of a charitable nature.
4: Miscellaneous provisions
32: Zoning
1: In addition to any purposes for which it might lawfully be developed and used before the commencement of this Act, the development land may be developed and used for housing purposes.
2: Subject to subsection (1), until such time as it is lawfully changed, the zoning of the hapu land shall, for the purposes of the Resource Management Act 1991
33: Subdivision of development land for housing purposes
Without limiting anything in sections 14 to 17 Resource Management Act 1991
34: Exemption from payment of rates and other charges
The whenua rangatira, the hapu reservation, and, to the extent that it remains undeveloped, the balance of the development land shall—
a: not be rateable under the Local Government (Rating) Act 2002
b: be exempt from all other taxes and charges from time to time imposed by the Auckland Council Section 34(a) substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 Section 34(b) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
35: No reserves contribution to be required on subdivision
Notwithstanding anything in the Resource Management Act 1991 1978 No 47 s 18
36: Exemption from payment of land tax
Notwithstanding anything in the Land Tax Act 1976
37: Registrars to give effect to provisions of this Act
1: Notwithstanding anything in any other enactment, the District Land Registrar and the Registrar of the Maori Land Court shall, without fee, make all such entries in any register or other record kept by him or her, and shall do all such other things, as may be necessary to give full effect to the provisions of this Act.
2: In the performance of any duty under subsection (1) 1978 No 47 s 20
38: Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: to enable the Reserves Board to grant leases or licences over the whenua rangatira pursuant to section 23
b: prescribing any act or thing necessary to render more effectual the administration of the Trust Board, or its management of the hapu land and the putea for the benefit of the beneficiaries:
c: prescribing any act or thing necessary to render more effectual the administration of the Reserves Board, or its management of the whenua rangatira:
d: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act or for its due administration.
39: Amendment to Maori Trust Boards Act 1955
Amendment(s) incorporated in the Act(s)
40: Amendment to Maori Trust Boards Regulations 1985
Amendment(s) incorporated in the regulations
41: Transitional provision in relation to membership of Trust Board
Each member of the Trust Board in office at the commencement of this Act shall continue in office for the residue of the term for which he or she was appointed.
42: Repeal
The Orakei Block (Vesting and Use) Act 1978