Mauao Historic Reserve Vesting Act 2008

1: Title
This Act is the Mauao Historic Reserve Vesting Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Interpretation
In this Act, unless the context otherwise requires,— deed of trust
a: means the deed of trust, dated 2 July 2007, between Te Runanganui o Tauranga Moana Incorporated (as settlor) and the trustees (being representatives of Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga) establishing the Mauao Trust; and
b: includes any amendments validly made to the deed Mauao historic reserve
a: described in Schedule 1
b: declared to be a historic reserve by Gazette Mauao Trust Minister Ngāi Te Rangi Ngāti Pūkenga Ngāti Ranginui trustees vesting agreement Waitaha
4: Act binds the Crown
This Act binds the Crown.
2: Vesting of Mauao historic reserve and related matters
Vesting of Mauao historic reserve
5: Mauao historic reserve vested in trustees of Mauao Trust
1: The fee simple estate in Mauao historic reserve is vested, by way of gift, in the trustees of the Mauao Trust subject to—
a: this Act; and
b: the encumbrances set out in Schedule 2
c: any authority granted to the Tauranga City Council under the Heritage New Zealand Pouhere Taonga Act 2014
d: any statutory access or other rights in relation to the reserve that any person may have (including rights of access under the Cadastral Survey Act 2002 Maritime Transport Act 1994
2: The trustees must hold the fee simple estate on trust for Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga in accordance with the deed of trust.
3: This section is subject to section 7 Section 5(1)﻿(c) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
6: Trustees must not dispose of, transfer, or charge Mauao historic reserve
1: The trustees must not dispose of, transfer, or charge Mauao historic reserve or any part of it.
2: Subsection (1) is subject to section 8
7: Mauao historic reserve status preserved
1: Mauao historic reserve—
a: remains a historic reserve under the Reserves Act 1977
b: for that purpose—
i: the Minister continues to have, in respect of it, the functions, obligations, and powers that the Minister has under the Reserves Act 1977
ii: the Tauranga City Council continues to be appointed as the administering body of the reserve under section 28
2: However, this section does not entitle the Minister to exercise—
a: the power under section 26
b: the power under section 15 section 8
3: Unless and until the reservation of Mauao historic reserve as a reserve is revoked under the Reserves Act 1977 Exchange of part of Mauao historic reserve
8: Exchange of part of Mauao historic reserve
1: The Minister may authorise the exchange of part of Mauao historic reserve in accordance with section 15
2: If the Minister acts in accordance with subsection (1),—
a: the fee simple in the part of the reserve that is exchanged—
i: ceases to be vested in the trustees; and
ii: is no longer subject to this Act or the Reserves Act 1977
b: the land acquired by way of the exchange—
i: vests in fee simple in the trustees; and
ii: is held by the trustees on trust for Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga in accordance with the deed of trust; and
iii: is held as part of Mauao historic reserve subject to—
A: the same control and management and for the same objects and purposes as those for which the land given in exchange was held; and
B: this Act and the Reserves Act 1977 Revocation of reserve status
9: Revocation of reserve status
1: If the Minister revokes the reservation of Mauao historic reserve, or a part of it, as a reserve under section 24
a: the fee simple in the reserve (or the part of it that ceases to be reserve) remains vested in the trustees, subject to any restrictions, encumbrances, liens, or interests specified in the Gazette
b: sections 7 8
2: To avoid doubt, and without limiting subsection (1)﻿(b), Mauao historic reserve (or the part of it that ceases to be reserve) does not become—
a: Crown land available for disposal under the Land Act 1948 section 25
b: land over which the Minister may specify, under section 25 Vesting has no effect on existing rights
10: Vesting has no effect on existing rights
The vesting of Mauao historic reserve under section 5(1)
a: who is not a party to the vesting agreement, including any rights or obligations in relation to the ownership, management, or control of fixtures, structures, and improvements (including trees) attached to, on, or under the reserve; and
b: that arise before any revocation of its reservation as a reserve. Particular application of other enactments and general law
11: Application of other enactments
1: Nothing in section 11 Part 10 section 5(1)
2: The vesting of Mauao historic reserve under section 5(1) section 10 11
3: The vesting of Mauao historic reserve under section 5(1) Part 4A
a: the reservation of the reserve as a reserve is revoked, in which case—
i: the reserve is to be treated as having been disposed of by the Crown for the purposes of Part 4A
ii: that Part, other than sections 24(2A) 24A 24AA 24B
b: the reservation of part of the reserve as a reserve is revoked, in which case—
i: the part of the reserve is to be treated as having been disposed of by the Crown for the purposes of Part 4A
ii: that Part, other than sections 24(2A) 24A 24AA 24B
12: Limit on duration of trusts does not apply
No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: the Mauao Trust may exist in law; or
b: the trustees (in their capacity as trustees) may hold or deal with property (including income derived from the property). Section 12 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 12 amended 30 January 2021 section 161 Trusts Act 2019 Waitaha statement of recognition
13: Waitaha statement of recognition
1: The Crown, Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga acknowledge the statement of recognition of Waitaha in Schedule 3
2: However, the statement of recognition—
a: must not affect, or be taken into account by, a person exercising a power or performing a function or duty under an enactment or a bylaw made by a local authority under an enactment; and
b: does not affect the lawful rights or legal obligations of any person; and
c: does not grant, create, or affect any interests or rights relating to Mauao historic reserve. Miscellaneous provisions
14: Registration of ownership
1: The Registrar-General of Land must, on written application by the Minister of Māori Affairs, comply with subsections (2) and (3).
2: The Registrar-General of Land must—
a: register the trustees as the proprietors of the fee simple estate in Mauao historic reserve; and
b: make the entry in the register; and
c: include a notification on the entry recording that the reserve—
i: was vested in accordance with this Act; and
ii: is subject to this Act, including a specific reference to sections 5(1) 11(3)
3: However, if Mauao historic reserve does not comprise all the land in a computer freehold register, or there is no computer freehold register for all or part of the reserve, the Registrar-General must instead—
a: create a computer freehold register and register the trustees as the proprietors of the fee simple estate in Mauao historic reserve; and
b: include a notification on the entry recording that the reserve—
i: was vested in accordance with this Act; and
ii: is subject to this Act, including a specific reference to sections 5(1) 11(3)
4: The Registrar-General of Land complies with subsection (2)﻿(a) or (3)﻿(a) by registering the trustees as the proprietors using the words the trustees for the time being of Mauao Trust
5: Subsection (3) applies subject to any survey necessary to facilitate the creation of the computer freehold register being completed.
6: A computer freehold register must be created under this section as soon as is reasonably practicable but no later than—
a: 2 years after the reserve vests in the trustees; or
b: any later date that may be agreed in writing by the trustees and the Crown.
7: This section overrides sections 26A(3) 112(2) 116
15: Alteration of Schedule 1 by Order in Council
1: The Governor-General may, by Order in Council, make amendments to Schedule 1
a: the legal description of Mauao historic reserve resulting from an exchange of land authorised by the Minister under section 8
b: the computer freehold register for Mauao historic reserve.
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 15(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021