Ngāi Tahu (Tūtaepatu Lagoon Vesting) Act 1998

1: Short Title and commencement
1: This Act may be cited as the Ngāi Tahu (Tūtaepatu Lagoon Vesting) Act 1998.
2: This Act comes into force on 1 June 1998. Preliminary
2: Interpretation
In this Act, unless the context otherwise requires,— Council Local Government Act 1974 Deed of “On Account” Settlement Minister new reserve Schedule 2 Te Rūnanga o Ngāi Tahu section 6 trust section 10 Tūtaepatu Lagoon Schedule 1
3: Act to bind the Crown
This Act binds the Crown. Tūtaepatu Lagoon
4: Reservation of Tūtaepatu Lagoon as reserve revoked
1: The reservation of the Tūtaepatu Lagoon as a reserve under the Reserves Act 1977
2: The Reserves Act 1977
5: Declaration of Tūtaepatu Lagoon as wildlife refuge revoked
1: Those parts of Schedules 2 3 New Zealand Gazette Amending Declaration of Land, North Canterbury Acclimatisation District, as a Wildlife Refuge
2: The provisions of the Wildlife Act 1953
6: Vesting of Tūtaepatu Lagoon in Te Rūnanga o Ngāi Tahu
1: The Tūtaepatu Lagoon is vested, by way of gift, in Te Rūnanga o Ngāi Tahu for an estate in fee simple free of any encumbrances existing immediately before the commencement of this Act.
2: For the avoidance of doubt, the vesting of the Tūtaepatu Lagoon in Te Rūnanga o Ngāi Tahu by subsection (1) is not a disposition of land by the Crown for the purposes of Part 4A
7: Management of Tūtaepatu Lagoon
1: As recorded in clause 4.6 of the Deed of On Account Appendix 3
2: The objectives are included in Schedule 3
3: Subsection (1) and the inclusion of the objectives in Schedule 3 On Account
8: Tūtaepatu Lagoon subject to walkway
1: Te Rūnanga o Ngāi Tahu must grant to the Crown a walkway over the south-eastern corner of the Tūtaepatu Lagoon.
2: The New Zealand Walkways Act 1990 sections 5 6 7 8(1), 8(2), 8(8)﻿(b) 11 18 20 30 31 32
3: For the purposes of the New Zealand Walkways Act 1990
4: For the purposes of subsection (2), section 8(3) For the purposes of subsection (1) of this Act For the purposes of section 8 of the Ngāi Tahu (Tūtaepatu Lagoon Vesting) Act 1998
9: Issue of certificate of title for Tūtaepatu Lagoon
The District Land Registrar of the Canterbury Land Registration District must (after completion of such survey, if any, as may be necessary) issue a certificate of title under the Land Transfer Act 1952 Establishment of trust
10: Establishment of trust
1: The Council and Te Rūnanga o Ngāi Tahu must, not later than 3 months after the commencement of this Act, establish by deed a trust—
a: the name of which is Te Kohaka o Tuhaitara Trust; and
b: the object of which is the management and administration of the new reserve.
2: The deed establishing the trust must authorise the trustees of the trust to—
a: hold, manage, and administer the new reserve; and
b: expend money on the new reserve, the Tūtaepatu Lagoon, and the preparation and administration of the management plan for the new reserve.
3: As soon as the trust is established, the Council and Te Rūnanga o Ngāi Tahu must give to the Minister—
a: notice of the establishment of the trust; and
b: a certified copy of the deed establishing the trust. New reserve
11: Declaration of recreation reserve
1: The Council and Te Rūnanga o Ngāi Tahu must, not later than 3 months after the commencement of this Act,—
a: agree on the boundaries of the new reserve; and
b: notify the Minister of the boundaries as agreed.
2: The Minister must, not later than 6 months after the commencement of this Act, do the things specified in subsection (3) if the Minister—
a: has been notified of the establishment of the trust under section 10(3)
b: is satisfied that the deed establishing the trust complies with section 10(2); and
c: has been notified of the boundaries of the new reserve under subsection (1).
3: Those things are—
a: declare, by notice in the Gazette Reserves Act 1977
b: appoint the trustees of the trust to be the administering body of the new reserve; and
c: vest the new reserve in the trustees of the trust to hold and administer as a recreation reserve, and, subject to sections 12 13 section 17
4: The things done under subsection (3) have effect as if they had been done under the Reserves Act 1977
12: Management plan
1: The management plan prepared for the new reserve pursuant to section 41
a: must include the Tūtaepatu Lagoon; and
b: may include such other land as the Council and Te Rūnanga o Ngāi Tahu agree on from time to time.
2: The Minister must consult with and have particular regard to the views of Te Rūnanga o Ngāi Tahu before approving that part of the management plan that relates to the Tūtaepatu Lagoon.
13: Application of Reserves Act 1977
Except as provided in this Act, the Reserves Act 1977 Miscellaneous
14: Extension of time limits
1: The time within which anything must be done under section 10 section 11
2: The power in subsection (1) may be exercised more than once in respect of the same time limit.
3: 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 14(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
15: Amendment to Conservation Act 1987
Amendment(s) incorporated in the Act(s).