Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014

1: Title
This Act is the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014.
2: Commencement
1: Section 164(3) Schedule 6 section 38(1)
2: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent. Section 2(1) brought into force 17 January 2019 Gazette 2018-ln6487
1: Preliminary provisions
3: Purpose of Act
The purpose of this Act is to give effect to certain provisions of the collective deed, which provides shared redress to the iwi and hapū constituting Ngā Mana Whenua o Tāmaki Makaurau, including by—
a: restoring ownership of certain maunga and motu of Tāmaki Makaurau to the iwi and hapū, the maunga and motu being treasured sources of mana to the iwi and hapū; and
b: providing mechanisms by which the iwi and hapū may exercise mana whenua and kaitiakitanga over the maunga and motu; and
c: providing a right of first refusal regime in respect of certain land of Tāmaki Makaurau to enable those iwi and hapū to build an economic base for their members.
4: Provisions to take effect on effective date
1: The provisions of this Act take effect on the effective date unless stated otherwise.
2: Before the date on which a provision takes effect, a person may prepare or sign a document or do anything else that is required—
a: for the provision to have full effect on that date; or
b: for a power to be exercised on that date; or
c: for a duty to be performed under the provision on that date.
5: Act binds the Crown
This Act binds the Crown.
6: Outline
1: This section is a guide to the overall scheme and effect of this Act. It does not affect the interpretation or application of the other provisions of this Act or the collective deed.
2: This Part—
a: states the purpose of this Act; and
b: provides that the provisions of the Act take effect on the effective date unless a provision states otherwise; and
c: specifies that the Act binds the Crown; and
d: defines terms used in the Act, including key terms such as Ngā Mana Whenua o Tāmaki Makaurau, maunga, and motu; and
e: delineates the jurisdiction of a court, tribunal, or other judicial body under Te Ture Whenua Maori Act 1993
f: provides—
i: that certain enactments do not apply to certain land transferred by or under this Act or the collective deed; and
ii: for the removal of certain memorials from certain land transferred by or under this Act or the collective deed; and
iii: for the exclusion of the limit on the duration of a trust
iv: for access to the collective deed.
3: Part 2
a: section 17
b: subpart 1
c: subpart 2
d: subpart 3
e: subpart 4
f: subpart 5
g: subpart 6
h: subpart 7
i: subpart 8
j: subpart 9
k: subpart 10
l: subpart 11
m: subpart 12
4: Part 3
5: Part 4
a: a right of first refusal in relation to RFR land that may be exercised by the Whenua Haumi Roroa o Tāmaki Makaurau Limited Partnership (the Limited Partnership) or the rōpū entities; and
b: authorisation for the transfer of former deferred selection properties to the Limited Partnership to give effect to the collective deed.
6: Part 5
7: There are 6 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3
d: Schedule 4
e: Schedule 5
f: Schedule 6 Section 6(2)﻿(f)﻿(iii) amended 30 January 2021 section 161 Trusts Act 2019 Interpretation
7: Interpretation of Act generally
It is the intention of Parliament that this Act is interpreted in a manner that best furthers the agreements expressed in the collective deed.
8: Interpretation
1: In this Act, unless the context requires another meaning,— administered lands
a: means—
i: the Maungakiekie / One Tree Hill northern land; and
ii: Māngere Mountain; and
b: except in subpart 5
i: described in section 110(1)﻿(a) or (b)
ii: to which section 110(2) and (3) administering body section 2(1) annual operational plan section 60 Auckland Council Council section 6(1) authorised cultural activity section 66 Browns Island Recreation Reserve Part 3 collective deed
a: means the deed entitled Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Deed and signed by—
i: the Honourable Christopher Finlayson, Minister for Treaty of Waitangi Negotiations, and the Honourable Simon William English, Minister of Finance, for and on behalf of the Crown; and
ii: the mandated signatories for and on behalf of Ngā Mana Whenua o Tāmaki Makaurau (being the individuals whose names appear in print at the end of the main body of the deed as the signatories for each iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau); and
b: includes—
i: the schedules of, and attachments to, the deed; and
ii: any amendments to the deed or its schedules and attachments Conservation Authority section 6A Conservation Board section 6L Crown section 2(1) Crown protected area section 4 Director-General documents schedule effective date financial year former deferred selection property section 117(1) Gazetteer section 4 Geographic Board section 7 grantee grantor Hauraki Gulf / Tīkapa Moana inner motu section 11(2) integrated management plan section 58 interest Islington Bay Bach 80 property Part 2 Islington Bay Hall property Part 2 Limited Partnership LINZ local authority section 5(1) Māngere Mountain Schedule 2 Marutūāhu rōpū entity Matukutūruru Schedule 1 maunga section 10 Maunga Authority Maungakiekie / One Tree Hill Schedule 1 Maungakiekie / One Tree Hill northern land Schedule 2 Maungarei / Mount Wellington Schedule 1 Maungauika Schedule 1 Maungawhau / Mount Eden Schedule 1 member of Ngā Mana Whenua o Tāmaki Makaurau section 9(b) motu section 11(1) motu plan subpart 10 Motuihe Island Recreation Reserve Part 1 Motutapu Island Recreation Reserve Part 1 Mount Albert Schedule 1 Mount Roskill Schedule 1 Mount St John Schedule 1 Ngā Mana Whenua o Tāmaki Makaurau section 9 Ngā Pona-toru-a-Peretū Part 2 Ngāti Whātua rōpū entity official geographic name section 4 Ōhinerau / Mount Hobson Schedule 1 Ōhuiarangi / Pigeon Mountain Schedule 1 Ōtāhuhu / Mount Richmond Schedule 1 property redress schedule Rangitoto Island properties
a: the Islington Bay Bach 80 property; and
b: the Islington Bay Hall property; and
c: Ngā Pona-toru-a-Peretū Rangitoto Island Scenic Reserve Part 1 Rarotonga / Mount Smart Schedule 1 Registrar-General section 4 reserve section 2(1) RFR land section 118 rōpū entity Takarunga / Mount Victoria Schedule 1 Te Tātua-a-Riukiuta Schedule 1 Tiritiri Matangi Island Scientific Reserve Part 1 trustee Tūpuna Maunga o Tāmaki Makaurau Authority section 106 Tūpuna Taonga o Tāmaki Makaurau Trust Waiohua Tāmaki rōpū entity working day
a: Saturday, Sunday, Waitangi Day (or the following Monday, if the day falls on a Saturday or a Sunday), Good Friday, Easter Monday, Anzac Day (or the following Monday, if the day falls on a Saturday or a Sunday), the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
b: a day in the period starting on 25 December in a year and ending on 15 January in the following year:
c: the day observed as the anniversary of the province of Auckland or the province of Wellington.
2: In this Act, unless the context requires another meaning, improvement
3: Subsection (2) is for the avoidance of doubt. Section 8(1) working day amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
9: Meaning of Ngā Mana Whenua o Tāmaki Makaurau
In this Act, Ngā Mana Whenua o Tāmaki Makaurau
a: means the collective group of the following iwi and hapū:
i: Ngāi Tai ki Tāmaki; and
ii: Ngāti Maru; and
iii: Ngāti Pāoa; and
iv: Ngāti Tamaoho; and
v: Ngāti Tamaterā; and
vi: Ngāti Te Ata; and
vii: Ngāti Whanaunga; and
viii: Ngāti Whātua o Kaipara; and
ix: Ngāti Whātua Ōrākei; and
x: Te Ākitai Waiohua; and
xi: Te Kawerau ā Maki; and
xii: Te Patukirikiri; and
xiii: hapū of Ngāti Whātua (other than Ngāti Whātua o Kaipara and Ngāti Whātua Ōrākei) whose members are beneficiaries of Te Rūnanga o Ngāti Whātua, including Te Taoū not descended from Tuperiri; and
b: includes the individuals who are members of 1 or more of the iwi and hapū described in paragraph (a); and
c: includes any whānau, hapū, or group to the extent that it is composed of those individuals.
10: Meaning of maunga
In this Act, unless the context requires another meaning, maunga
a: Matukutūruru; and
b: Maungakiekie / One Tree Hill; and
c: Maungarei / Mount Wellington; and
d: Maungauika; and
e: Maungawhau / Mount Eden; and
f: Mount Albert; and
g: Mount Roskill; and
h: Mount St John; and
i: Ōhinerau / Mount Hobson; and
j: Ōhuiarangi / Pigeon Mountain; and
k: Ōtāhuhu / Mount Richmond; and
l: Rarotonga / Mount Smart; and
m: Takarunga / Mount Victoria; and
n: Te Tātua-a-Riukiuta.
11: Meaning of motu
1: In this Act, unless the context requires another meaning, motu
a: Motuihe Island Recreation Reserve; and
b: Motutapu Island Recreation Reserve; and
c: Rangitoto Island Scenic Reserve; and
d: Tiritiri Matangi Island Scientific Reserve.
2: In this Act, unless the context requires another meaning, Hauraki Gulf / Tīkapa Moana inner motu
a: Browns Island Recreation Reserve; and
b: Motuihe Island Recreation Reserve; and
c: Motutapu Island Recreation Reserve; and
d: Rangitoto Island Scenic Reserve; and
e: the Rangitoto Island properties. Other matters
12: Application of Te Ture Whenua Maori Act 1993
1: No court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire or to make a finding or recommendation) in respect of any matter that arises from the application of Te Ture Whenua Maori Act 1993
a: 1 or more of the maunga; or
b: 1 or more of the Rangitoto Island properties; or
c: RFR land (other than land subject to an application under section 41(1)﻿(e)
d: land transferred to any of the following persons as the result of a contract formed under section 127
i: the Limited Partnership or a nominee of the Limited Partnership:
ii: a rōpū entity or a nominee of the rōpū entity:
iii: an RFR holder within the meaning of section 153(4)﻿(b)
e: a former deferred selection property transferred to the Limited Partnership in accordance with section 154
i: while the property remains in the ownership of the Limited Partnership; or
ii: if the property is transferred to a rōpū entity or a representative entity of an iwi or a hapū described in section 9(a)
f: any governance arrangement over land or a property described in paragraphs (a) to (e), including governance arrangements relating to the carrying out of authorised cultural activities; or
g: any decision made or other action taken by the Limited Partnership, a rōpū entity, or, if applicable, a representative entity of an iwi or a hapū described in section 9(a)
2: To avoid doubt, nothing in subsection (1) applies to a matter relating to land given by way of an exchange under section 15
3: In subsection (1), ownership
4: To avoid doubt, in subsection (1),— nominee section 9(a) section 127 RFR holder section 9(a) section 153
13: Certain enactments do not apply
1: The enactments listed in subsection (2) do not apply to—
a: a maunga; or
b: a Rangitoto Island property; or
c: land transferred under a contract formed under section 127
d: a former deferred selection property, but only on and from the date on which the property is transferred to the Limited Partnership under section 154
2: The enactments are—
a: sections 8A to 8HJ
b: sections 27A to 27C
c: sections 568 to 570
d: Part 3
e: Part 3 Section 13(2)﻿(c) replaced 1 August 2020 section 668 Education and Training Act 2020
14: Removal of memorials
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register or certificate of title that contains, each allotment—
a: that is—
i: all or part of a maunga; or
ii: all or part of a Rangitoto Island property; or
iii: land transferred under a contract formed under section 127
iv: all or part of a former deferred selection property; and
b: that is subject to a resumptive memorial recorded under any enactment listed in section 13(2)
2: The chief executive of LINZ must issue a certificate under subsection (1) as soon as is reasonably practicable after—
a: the effective date, for a maunga or a Rangitoto Island property; or
b: the date on which the land is transferred, for land transferred under a contract formed under section 127
c: the date on which the property is transferred to the Limited Partnership, for a former deferred selection property transferred under section 154
3: A certificate must state that it is issued under this section.
4: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1),—
a: register the certificate against each computer register or certificate of title identified in the certificate; and
b: remove each resumptive memorial recorded under an enactment listed in section 13(2)
15: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: prescribe or restrict the period during which—
i: the Tūpuna Taonga o Tāmaki Makaurau Trust may exist in law; or
ii: the trustee may hold or deal with property or income derived from property; or
b: apply to a document entered into to give effect to the collective deed if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.
2: However, if the Tūpuna Taonga o Tāmaki Makaurau Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)﻿(a) Section 15 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 15(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 15(2) amended 30 January 2021 section 161 Trusts Act 2019
16: Access to collective deed
The chief executive of the Ministry of Justice must make copies of the collective deed available—
a: for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington between 9 am and 5 pm on any working day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
2: Cultural redress
17: Statements of association
1: The Crown acknowledges the statements of association of iwi and hapū.
2: However, the statements—
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: do not affect the lawful rights or legal obligations of any person; and
c: do not grant, create, or affect any interests or rights relating to the lands referred to in the statements.
3: In this section,— lands statements of association of iwi and hapū
a: that are made by the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau of their particular spiritual, ancestral, cultural, customary, and historical interests in the lands referred to in the statements; and
b: that are in the form—
i: set out in part 1 of the documents schedule:
ii: set out in a deed of settlement between the Crown and 1 or more iwi or hapū specified in section 9(a)
1: Vesting of maunga (other than Maungauika and Rarotonga / Mount Smart)
18: Matukutūruru
1: The reservation of Matukutūruru (being Wiri Historic Reserve) as a historic reserve subject to the Reserves Act 1977
2: The fee simple estate in Matukutūruru then vests in the trustee.
3: Matukutūruru is then declared a reserve and classified as a historic reserve subject to section 18
4: The Maunga Authority is the administering body of Matukutūruru for the purposes of the Reserves Act 1977
5: Subsections (1) to (4) do not take effect until the trustee has provided—
a: Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule; and
b: the Crown with a registrable right of way easement on the terms and conditions set out in part 3 of the documents schedule.
6: The easement referred to in subsection (5)﻿(a)—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977 Property Law Act 2007
ii: any rule of law; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
7: The easement referred to in subsection (5)﻿(b)—
a: is enforceable in accordance with its terms despite the provisions of the Reserves Act 1977
b: is to be treated as having been granted in accordance with that Act.
19: Maungakiekie / One Tree Hill
1: The reservation of Maungakiekie / One Tree Hill as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Maungakiekie / One Tree Hill then vests in the trustee.
3: Maungakiekie / One Tree Hill is then declared a reserve and classified as a recreation reserve subject to section 17
4: The Maunga Authority is the administering body of Maungakiekie / One Tree Hill for the purposes of the Reserves Act 1977
5: Subsections (1) to (4) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.
6: The easement—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977 Property Law Act 2007
ii: any rule of law; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
20: Maungarei / Mount Wellington
1: The reservation of the part of Maungarei / Mount Wellington that is a reserve for a site for a borough depot subject to the Reserves Act 1977
2: The reservation of the parts of Maungarei / Mount Wellington that are recreation reserve subject to the Reserves Act 1977
3: The fee simple estate in Maungarei / Mount Wellington then vests in the trustee.
4: The part of Maungarei / Mount Wellington referred to in subsection (1) is then declared a reserve and classified as a local purpose reserve, for the purpose of a site for a council depot, subject to section 23
5: The parts of Maungarei / Mount Wellington referred to in subsection (2) are then declared a reserve and classified as a recreation reserve subject to section 17
6: The Maunga Authority is the administering body of Maungarei / Mount Wellington for the purposes of the Reserves Act 1977
7: Subsections (1) to (6) do not take effect until the trustee has provided—
a: Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule; and
b: the Auckland Council with a registrable lease on the terms and conditions set out in part 4 of the documents schedule.
8: The easement referred to in subsection (7)﻿(a)—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977 Property Law Act 2007
ii: any rule of law; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
9: The lease referred to in subsection (7)﻿(b)—
a: is enforceable in accordance with its terms, despite the provisions of the Reserves Act 1977
b: is to be treated as having been granted in accordance with that Act.
21: Maungawhau / Mount Eden
1: The reservation of the part of Maungawhau / Mount Eden that is a historic reserve subject to the Reserves Act 1977
2: The reservation of the parts of Maungawhau / Mount Eden that are recreation reserve subject to the Reserves Act 1977
3: The fee simple estate in Maungawhau / Mount Eden then vests in the trustee.
4: The part of Maungawhau / Mount Eden referred to in subsection (1) is then declared a reserve and classified as a historic reserve subject to section 18
5: The parts of Maungawhau / Mount Eden referred to in subsection (2) are then declared a reserve and classified as a recreation reserve subject to section 17
6: The Maunga Authority is the administering body of Maungawhau / Mount Eden for the purposes of the Reserves Act 1977
7: Subsections (1) to (6) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.
8: The easement—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977 Property Law Act 2007
ii: any rule of law; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
22: Mount Albert
1: The reservation of Mount Albert as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Mount Albert then vests in the trustee.
3: Mount Albert is then declared a reserve and classified as a recreation reserve subject to section 17
4: The Maunga Authority is the administering body of Mount Albert for the purposes of the Reserves Act 1977
5: Subsections (1) to (4) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.
6: The easement—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977 Property Law Act 2007
ii: any rule of law; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
23: Mount Roskill
1: The reservation of Mount Roskill as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Mount Roskill then vests in the trustee.
3: Mount Roskill is then declared a reserve and classified as a recreation reserve subject to section 17
4: The Maunga Authority is the administering body of Mount Roskill for the purposes of the Reserves Act 1977
5: Subsections (1) to (4) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.
6: The easement—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977 Property Law Act 2007
ii: any rule of law; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
24: Mount St John
1: The reservation of Mount St John as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Mount St John then vests in the trustee.
3: Mount St John is then declared a reserve and classified as a recreation reserve subject to section 17
4: The Maunga Authority is the administering body of Mount St John for the purposes of the Reserves Act 1977
25: Ōhinerau / Mount Hobson
1: The reservation of Ōhinerau / Mount Hobson as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Ōhinerau / Mount Hobson then vests in the trustee.
3: Ōhinerau / Mount Hobson is then declared a reserve and classified as a recreation reserve subject to section 17
4: The Maunga Authority is the administering body of Ōhinerau / Mount Hobson for the purposes of the Reserves Act 1977
5: Subsections (1) to (4) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.
6: The easement—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977 Property Law Act 2007
ii: any rule of law; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
26: Ōhuiarangi / Pigeon Mountain
1: The reservation of the part of Ōhuiarangi / Pigeon Mountain that is a historic reserve subject to the Reserves Act 1977
2: The reservation of the part of Ōhuiarangi / Pigeon Mountain that is a local purpose (site for community buildings) reserve subject to the Reserves Act 1977
3: The reservation of the parts of Ōhuiarangi / Pigeon Mountain that are recreation reserve subject to the Reserves Act 1977
4: The fee simple estate in Ōhuiarangi / Pigeon Mountain then vests in the trustee.
5: The part of Ōhuiarangi / Pigeon Mountain referred to in subsection (1) is then declared a reserve and classified as a historic reserve subject to section 18
6: The part of Ōhuiarangi / Pigeon Mountain referred to in subsection (2) is then declared a reserve and classified as a local purpose reserve, for the purpose of a site for community buildings, subject to section 23
7: The parts of Ōhuiarangi / Pigeon Mountain referred to in subsection (3) are then declared a reserve and classified as a recreation reserve subject to section 17
8: The Maunga Authority is the administering body of Ōhuiarangi / Pigeon Mountain for the purposes of the Reserves Act 1977
9: Subsections (1) to (8) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.
10: The easement—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977 Property Law Act 2007
ii: any rule of law; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
27: Ōtāhuhu / Mount Richmond
1: The reservation of Ōtāhuhu / Mount Richmond as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Ōtāhuhu / Mount Richmond then vests in the trustee.
3: Ōtāhuhu / Mount Richmond is then declared a reserve and classified as a recreation reserve subject to section 17
4: The Maunga Authority is the administering body of Ōtāhuhu / Mount Richmond for the purposes of the Reserves Act 1977
5: Subsections (1) to (4) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.
6: The easement—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977 Property Law Act 2007
ii: any rule of law; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
28: Takarunga / Mount Victoria
1: The reservation of the parts of Takarunga / Mount Victoria that are recreation reserve subject to the Reserves Act 1977
2: The reservation of the part of Takarunga / Mount Victoria that is a local purpose (community use) reserve subject to the Reserves Act 1977
3: The reservation of the part of Takarunga / Mount Victoria that is a local purpose (community buildings) reserve subject to the Reserves Act 1977
4: The fee simple estate in Takarunga / Mount Victoria then vests in the trustee.
5: The parts of Takarunga / Mount Victoria referred to in subsection (1) are then declared a reserve and classified as a recreation reserve subject to section 17
6: The part of Takarunga / Mount Victoria referred to in subsection (2) is then declared a reserve and classified as a local purpose reserve, for the purpose of community use, subject to section 23
7: The part of Takarunga / Mount Victoria referred to in subsection (3) is then declared a reserve and classified as a local purpose reserve, for the purpose of community buildings, subject to section 23
8: The Maunga Authority is the administering body of Takarunga / Mount Victoria for the purposes of the Reserves Act 1977
9: Subsections (1) to (8) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.
10: The easement—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977 Property Law Act 2007
ii: any rule of law; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977
29: Te Tātua-a-Riukiuta
1: The reservation of Te Tātua-a-Riukiuta (commonly known as Big King Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Te Tātua-a-Riukiuta then vests in the trustee.
3: Te Tātua-a-Riukiuta is then declared a reserve and classified as a recreation reserve subject to section 17
4: The Maunga Authority is the administering body of Te Tātua-a-Riukiuta for the purposes of the Reserves Act 1977
5: Subsections (1) to (4) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.
6: The easement—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977 Property Law Act 2007
ii: any rule of law; and
b: is to be treated as having been granted in accordance with the Reserves Act 1977 Improvements attached to maunga
30: Ownership of improvements
1: This section applies to improvements attached to the maunga vested in the trustee under this subpart—
a: on the vesting of the maunga in the trustee; and
b: despite the vesting.
2: An improvement that is governed by an interest to which section 42(1)
3: The improvements specified in part 4.1 of the property redress schedule vest in the trustee.
4: Any other improvements vest in accordance with subsections (5) to (10).
5: Improvements owned by the Crown immediately before the vesting and attached to Takarunga / Mount Victoria or Matukutūruru vest in the Maunga Authority.
6: Improvements owned by the Auckland Council immediately before the vesting remain vested in the Auckland Council. However, the improvements must be treated as if they were vested in the Maunga Authority for the purposes of administering the maunga under the Reserves Act 1977
7: The improvements referred to in section 2(3)
8: An improvement to which any of subsections (5) to (7) apply—
a: no longer forms part of the maunga; and
b: must be treated as personal property and not as land or an interest in land; and
c: may remain attached to the maunga without the consent of, and without charge by, the trustee or the Maunga Authority.
9: Any other improvement attached to a maunga with the consent of the Crown or the administering body of the maunga at the time of its attachment is vested in—
a: the person or body who attached the improvement; or
b: if the person or body is deceased, dissolved, or otherwise no longer exists, or the person or body no longer has an interest in the improvement, the person or body who, immediately before the vesting of the maunga, would have had a proprietary right to the improvement were the improvement to be treated as personal property.
10: Subsections (5) to (9) apply subject to any other enactment that governs the ownership of the improvement concerned.
11: To avoid doubt, subsection (9)—
a: relates only to the ownership of an improvement to which that subsection applies; and
b: does not affect or limit any rights in relation to the maunga to which the improvement is attached that may arise from the ownership of the improvement.
12: The trustee is not liable for an improvement for which it would, apart from this section, be liable by reason of its ownership of the maunga.
31: Improvements where ownership reverts to Maunga Authority
1: Subsection (2) applies to an improvement that is attached to a maunga and described in section 30(2) section 42(2) and (3)
2: On and from the date of the reversion, the improvement—
a: no longer forms part of the maunga; and
b: must be treated as personal property and not as land or an interest in land; and
c: may remain attached to the maunga without the consent of, and without charge by, the trustee.
32: Improvements: exercise of rights, use, access, etc
1: For the purposes of administering under the Reserves Act 1977
2: Subsection (1) is subject to subsections (3) to (8) and any other enactment that governs the use of the improvement concerned.
3: On and from the vesting of Matukutūruru in the trustee under section 18
4: On and from the vesting of Ōhinerau / Mount Hobson in the trustee under section 25
5: Subsections (3) and (4) apply subject to any terms and conditions agreed between the Maunga Authority and the trustee.
6: The Maunga Authority must not require the payment of any rent, royalty, fee, or other charge from the trustee in respect of any interest or arrangement granted to the trustee under the Reserves Act 1977
a: the use by the trustee of the improvements described in part 4.1 of the property redress schedule; or
b: the use by the trustee of the land over which access is provided to those improvements.
7: Despite subclause (6), the Maunga Authority may require a processing charge from the trustee in relation to any such interest or arrangement in order to recover its actual and reasonable costs.
8: On and from the vesting of Maungakiekie / One Tree Hill in the trustee under section 19 section 2(3)
9: An improvement described in section 30(5), (6), or (7) 31(1)
a: may be accessed, used, occupied, repaired, or maintained at any time without the consent of, and without charge by, the trustee; and
b: may be removed or demolished at any time without the consent of, and without charge by, the trustee; but,—
i: before doing so, the trustee must be given not less than 15 working days' written notice of the intended removal or demolition; and
ii: after the removal or demolition, the Maunga Authority must ensure that the land is left in a clean and tidy condition.
10: In subsections (3), (4), and (6), trustee
11: To avoid doubt, nothing in subsection (9)﻿(b) limits or affects the requirements of the Reserves Act 1977
2: Vesting of Maungauika
Subpart 2 repealed 17 January 2019 section 38(1) clause 16
33: Maungauika
Section 33 repealed 17 January 2019 section 38(1) clauses 15(2) 16
34: Ownership of improvements
Section 34 repealed 17 January 2019 section 38(1) clause 16
35: Improvements: exercise of rights, use, access, etc
Section 35 repealed 17 January 2019 section 38(1) clause 16
36: Trustee right of first refusal over certain Crown improvements
Section 36 repealed 17 January 2019 section 38(1) clause 16
37: Crown must allow access to improvements to which section 36 applies if purchased by trustee
Section 37 repealed 17 January 2019 section 38(1) clause 16
38: Order in Council triggering different arrangements for administration of Maungauika
OIC Gazette 2018–ln6487 2019-01-17 Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 s 38(1) empowers/brings into force Schedule 6 (empowering provision confirmed by drafter — email imported into LENZ) Section 38 repealed 17 January 2019 clause 16
3: Vesting of Rarotonga / Mount Smart
39: Rarotonga / Mount Smart
1: The reservation of Rarotonga / Mount Smart as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Rarotonga / Mount Smart then vests in the trustee.
3: Rarotonga / Mount Smart is then declared a reserve and classified as a recreation reserve subject to section 17
4: Subsections (1) to (3) do not take effect until the trustee has provided Watercare Services Limited with a registrable easement in gross on the terms and conditions set out in part 6 of the documents schedule.
5: The easement—
a: is enforceable in accordance with its terms despite—
i: the provisions of the Reserves Act 1977
ii: any inconsistency with the Property Law Act 2007
b: is to be treated as having been granted in accordance with the Reserves Act 1977
6: Despite the revocation, vesting, declaration, and classification under subsections (1) to (3),—
a: any enactment or instrument applying to Rarotonga / Mount Smart immediately before the revocation, vesting, and declaration, including the following, continues to apply as if the revocation, vesting, and declaration had not occurred:
i: the Mount Smart Regional Recreation Centre Act 1985
ii: the Local Government (Tamaki Makaurau Reorganisation) Council-controlled Organisations Vesting Order 2010
iii: any instrument in relation to which the Auckland Council or Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland) is a party, including the licence between the Auckland Council and Regional Facilities Auckland Limited dated 22 December 2011; and
b: the Reserves Act 1977
7: To avoid doubt, as a result of subsection (6), the Auckland Council—
a: retains all the powers conferred upon it under the Mount Smart Regional Recreation Centre Act 1985
b: subject to section 4 Reserves Act 1977
40: Other lawful rights and interests not affected
1: Nothing in this subpart limits or affects any other lawful right or interest in relation to Rarotonga / Mount Smart.
2: This section is for the avoidance of doubt.
4: General provisions applying to all maunga
41: Maunga must remain as reserves vested in trustee
1: This section applies to each maunga once the maunga is—
a: vested in the trustee under subpart 1 2 3
b: declared a reserve under any of sections 18 to 29 33 39
2: The maunga is held by the trustee for the common benefit of Ngā Mana Whenua o Tāmaki Makaurau and the other people of Auckland.
3: The trustee must not—
a: transfer the fee simple estate in the maunga to any other person; or
b: mortgage, or give a security interest in, the maunga.
4: The reserve status of the maunga must not be revoked, but may be reclassified in accordance with the Reserves Act 1977
5: Subsection (2) does not of itself create any right on which a cause of action may be founded.
6: Subsection (2) does not affect the application of section 16(8)
7: Despite subsection (3), the trustee may transfer the fee simple estate in the maunga if—
a: the transfer is to give effect to an exchange of any part of the maunga in accordance with section 15
b: the instrument to transfer the land in the maunga is accompanied by a certificate given by the trustee, or its solicitor, verifying that paragraph (a) applies.
8: The prohibition in subsection (4) does not apply to any part of the maunga transferred in accordance with subsection (7).
42: Maunga vest subject to, or together with, specified interests
1: Each maunga vests in the trustee under subpart 1 2 3 Schedule 1
2: Subsection (3) applies if a maunga vests subject to, or together with, an interest listed in Schedule 1
3: On and from the vesting,—
a: for Maungauika, the Crown must be treated as the grantor of the interest until clause 3 section 38(1)
b: for Rarotonga / Mount Smart, the Auckland Council must be treated as the grantor of the interest:
c: for any other maunga, the Maunga Authority must be treated as the grantor or the grantee of the interest, as the case may be.
4: Subsections (5) and (6) apply if a maunga vests subject to an interest listed in Schedule 1
5: The interest applies in respect of the maunga—
a: until the interest expires or is terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the maunga.
6: If the interest has a grantor,—
a: for Maungauika, the Crown remains the grantor of the interest until clause 3 section 38(1)
b: for any other maunga, the interest applies as if the Maunga Authority were the grantor.
7: Nothing in subsection (6)﻿(b) applies to Rarotonga / Mount Smart.
8: In this section, interest
43: Registration of ownership
1: This section applies in relation to the fee simple estate in each maunga vested in the trustee under subpart 1 2 3
2: To the extent that the maunga (other than a specified maunga) is all of the land contained in a computer freehold register, the Registrar-General must, on written application by an authorised person,—
a: register the trustee as the proprietor of the fee simple estate in the land; and
b: record anything on the register and do anything else that is necessary to give effect to this Part and to the collective deed.
3: To the extent that subsection (2) does not apply to the maunga, or that the maunga is a specified maunga, the Registrar-General must, in accordance with a written application by an authorised person,—
a: create 1 or more computer freehold registers for the fee simple estate in the land in the name of the trustee; and
b: record on the register or registers any interests that are registered, notified, or notifiable and that are described in the application.
4: Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.
5: A computer freehold register must be created under this section as soon as is reasonably practicable after the effective date, but not later than—
a: 24 months after the effective date; or
b: any later date that may be agreed in writing by the Crown and the trustee.
6: In this section,— authorised person specified maunga
a: the part of Maungawhau / Mount Eden that is Section 2 SO 454833:
b: Mount Albert:
c: Mount Roskill:
d: the part of Mount St John that is Section 1 SO 454980:
e: the part of Ōtāhuhu / Mount Richmond that is Section 1 SO 454943:
f: Rarotonga / Mount Smart.
44: Recording of iwi and hapū interests
1: The Registrar-General must record on any computer freehold register for each maunga that the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau specified for that maunga in part 3 of the property redress schedule have spiritual, ancestral, cultural, customary, and historical interests in the maunga.
2: The recording of interests under this section does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the maunga.
45: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in each maunga in the trustee under subpart 1 2 3 Part 4A sections 24 24A 24AA
2: Subsection (3) applies if any part of a maunga is no longer subject to reservation as a reserve under the Reserves Act 1977 section 15
3: The vesting of that part of the maunga in the trustee under subpart 1 2 3 section 24
46: Application of other enactments
1: Sections 24 25 subpart 1 2 3
2: Section 11 Part 10
a: the vesting of the fee simple estate in each maunga under subpart 1 2 3
b: any matter incidental to, or required for the purpose of, the vestings.
3: The vesting of the fee simple estate in each maunga under subpart 1 2 3
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348
47: Application of Reserves Act 1977
1: Sections 48A 114 115 sections 48A(6) 114(5) 115(6)
2: Sections 48A 114 115
a: sections 48A(6) 114(5) 115(6)
b: section 4
3: Otherwise, the Reserves Act 1977 Section 47(1) amended 17 January 2019 section 38(1) clause 16
48: Saving of bylaws, etc, in relation to maunga
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation has made or imposed under the Reserves Act 1977 Conservation Act 1987 subpart 1 2
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Reserves Act 1977 Conservation Act 1987
49: Names of maunga in respect of status as Crown protected areas and reserves
1: The official geographic name for North Head Historic Reserve is changed to Maungauika / North Head Historic Reserve, and the Geographic Board must amend the Gazetteer accordingly.
2: Subsection (3) applies to the land, or the part of the land, in any other maunga that, immediately before the vesting of the maunga under subpart 1 3
3: The official geographic name is discontinued in respect of the land, or the part of the land, and the Geographic Board must amend the Gazetteer accordingly.
4: A maunga is not a Crown protected area, despite anything in the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
5:
6: The Minister of Conservation must not name or change the name of a maunga under section 16(10)
7: Subsection (6) does not apply to Rarotonga / Mount Smart.
8: The Auckland Council must not change the name of Rarotonga / Mount Smart under section 16(10) Section 49(5) repealed 17 January 2019 section 38(1) clause 16
50: Recording of certain matters on computer freehold registers
1: This section applies in respect of each maunga.
2: The Registrar-General must record on any computer freehold register for the maunga—
a: the iwi and hapū interests as required by section 44
b: that the land is subject to Part 4A section 24
c: that the land is subject to—
i: this subpart and subpart 2
ii: this subpart and subpart 3
iii: this subpart and subpart 1
3: A notation made under subsection (2)﻿(b) is to be treated as having been made in compliance with section 24D(1)
4: The Registrar-General must act under subsection (5) if, in accordance with section 15
5: The Registrar-General must ensure that the following notations remain only on any computer freehold register for the maunga:
a: the part of the notation referred to in subsection (2)﻿(b) that section 24
b: the relevant notation referred to in subsection (2)﻿(c).
6: For the purposes of any registration matter relating to an interest,—
a: for Maungauika, the Crown must be treated as the registered proprietor of the fee simple estate in the maunga until clause 14 section 38(1)
b: for Rarotonga / Mount Smart, the Auckland Council must be treated as the registered proprietor of the fee simple estate in the maunga:
c: for any other maunga, the Maunga Authority must be treated as the registered proprietor of the fee simple estate in the maunga.
7: Subsection (6) does not apply to the granting and initial registration of the easement and lease interests referred to in sections 18(5) 19(5) 20(7) 21(7) 22(5) 23(5) 25(5) 26(9) 27(5) 28(9) 29(5) 33(4) 39(4)
51: Application of this Part if maunga land exchanged
1: This section applies to land in a maunga that is subject to an exchange under section 15
2: The land given by way of the exchange no longer forms part of the maunga on and from the exchange.
3: Subsections (4) to (7) apply to the land acquired by way of the exchange.
4: On and from the exchange, the land forms part of the maunga and this Part applies to the land.
5: Despite section 15(6)
6: To avoid doubt, the land is subject to the same reserve classification and administration regime as that which applied to the land given in the exchange.
7: The Registrar-General must make entries in the appropriate registers and do anything else necessary to give effect to this section.
5: Maungakiekie / One Tree Hill northern land and Māngere Mountain (administered lands)
52: Meaning of administered lands in this subpart
In this subpart, administered lands section 8(1)﻿(a)
53: Maungakiekie / One Tree Hill northern land
1: The vesting in trust in the Auckland Council of the Maungakiekie / One Tree Hill northern land is cancelled.
2: The Maungakiekie / One Tree Hill northern land then vests back in the Crown.
3: The Maunga Authority is the administering body of the Maungakiekie / One Tree Hill northern land for the purposes of the Reserves Act 1977
4: Subsection (2) is for the avoidance of doubt.
54: Māngere Mountain
1: Any vestings in trust in, or control and management appointments over, any parts of Māngere Mountain in favour of the Auckland Council are cancelled.
2: The fee simple estate in those parts of Māngere Mountain that were vested in trust in the Auckland Council then vest back in the Crown so that the Crown again holds the entire fee simple estate in Māngere Mountain.
3: The Maunga Authority is the administering body of Māngere Mountain for the purposes of the Reserves Act 1977
4: Subsection (2) is for the avoidance of doubt.
55: Status and use of administered lands continue with certain exceptions
1: The following matters apply despite the operation of sections 53(1) 54(1)
a: the administered lands remain reserves subject to the classifications of the Reserves Act 1977 sections 53(1) 54(1)
b: any enactment or any instrument applying to the administered lands, or any part of them, immediately before the operation of sections 53(1) 54(1)
c: any interest that affected the administered lands, or any part of them, immediately before the operation of sections 53(1) 54(1)
2: Despite subsection (1), on and from the effective date,—
a: the Reserves Act 1977
b: the Maunga Authority must be treated as the grantor or the grantee, as the case may be, of an interest described in subsection (1)﻿(c); and
c: if an interest described in subsection (1)﻿(c) is not an interest in land, whether or not the interest also applies to any other land, the interest applies in respect of the administered lands—
i: until the interest expires or is terminated; and
ii: with any other necessary modifications; and
iii: despite any change in status of the land in the administered lands; and
d: any improvement attached to the administered lands and owned by the Auckland Council immediately before the effective date—
i: must be treated as if it were vested in the Maunga Authority for the purposes of administering the lands under the Reserves Act 1977
ii: no longer forms part of the administered lands; and
iii: must be treated as personal property and not as land or an interest in land; and
iv: may remain attached to the administered lands without the consent of, and without charge by, the Crown; and
v: may be accessed, used, occupied, repaired, or maintained at any time without the consent of, and without charge by, the Crown; and
vi: may be removed or demolished at any time without the consent of, and without charge by, the Crown; but,—
A: before doing so, the Crown must be given not less than 15 working days' written notice of the intended removal or demolition; and
B: after the removal or demolition, the Maunga Authority must ensure that the land is left in a clean and tidy condition; and
e: for the purposes of any registration matter relating to an interest, the Maunga Authority must be treated as the registered proprietor of the fee simple estate in the administered lands.
3: Subparagraphs (i) to (iv) of subsection (2)﻿(d) apply subject to any other enactment that governs the ownership of the improvements.
4: For the purposes of administering the administered lands under the Reserves Act 1977
5: Subsection (4) is subject to any other enactment that governs the use of the improvement concerned.
6: To avoid doubt, nothing in subsection (1)﻿(a) limits or affects the application of section 24
7: To avoid doubt, nothing in subsection (2)﻿(d)﻿(vi) limits or affects the requirements of the Reserves Act 1977
56: Recording of iwi and hapū interests
1: The Registrar-General must record on any computer freehold register for the administered lands that the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau specified for the administered lands in part 3 of the property redress schedule have spiritual, ancestral, cultural, customary, and historical interests in the administered lands.
2: The recording of interests under this section does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the administered lands.
6: Care, management, maintenance, etc, of maunga and administered lands
57: Meaning of maunga in this subpart
In this subpart, maunga Section 57 amended 17 January 2019 section 38(1) clause 16
58: Integrated management plan
1: The Maunga Authority must prepare and approve an integrated management plan—
a: that applies to the following land:
i: the maunga; and
ii:
iii: the administered lands; and
iv: any land for which any other enactment requires the Maunga Authority to be the administering body; and
b: that complies with the requirements of section 59
2: Despite subsection (1),—
a:
b: the Maunga Authority must make the entire plan available for inspection by the Minister of Conservation whenever the Minister requires.
3: Section 41
a: with any necessary modifications; but
b: subject to this section.
4: To avoid doubt, the Minister of Conservation may still require the Maunga Authority to—
a: review the plan under section 41(4)
b: consult another administering body under section 41(14) Section 58(1)﻿(a)﻿(ii) repealed 17 January 2019 section 38(1) clause 16 Section 58(2)﻿(a) repealed 17 January 2019 section 38(1) clause 16
59: Integrated management plan and authorised cultural activities
1: The integrated management plan must prescribe any terms and conditions in relation to members of Ngā Mana Whenua o Tāmaki Makaurau carrying out an authorised cultural activity specified in section 66(a) to (h)
2: Terms and conditions may relate to carrying out an activity on—
a: 1 or more maunga:
b: some or all of the administered lands:
c: 1 or more maunga and some or all of the administered lands.
3: To avoid doubt, terms or conditions must not be of such a nature that an activity is effectively prohibited.
4: The Maunga Authority must consider including in the integrated management plan—
a: provisions relating to members of Ngā Mana Whenua o Tāmaki Makaurau carrying out other activities for cultural or spiritual purposes on the lands described in subsection (2); and
b: provisions that recognise the members' traditional or ancestral ties to those lands.
5: Without limiting subsection (4), the Maunga Authority must consider including provisions in the plan that relate to members of Ngā Mana Whenua o Tāmaki Makaurau carrying out the following activities:
a: limited land cultivation for harvesting traditional food and plants:
b: limited collection of other materials, including volcanic rock:
c: archaeological activities:
d: hāngi:
e: tribally significant tangihanga or hari tūpāpaku and the interment of tūpāpaku:
f: spiritual and cultural traditional practices and ceremonies other than those described in section 66(a) to (h)
g: nohoanga:
h: the permanent erection of symbolic structures and signage:
i: activities that exercise kaitiakitanga or manaakitanga, including overnight occupation.
6: If, after consideration under subsection (5), the Maunga Authority includes provisions in the plan relating to the carrying out of an activity described in that subsection, the plan must prescribe any terms and conditions in relation to the carrying out of the activity.
7: The terms and conditions may relate to carrying out the activity on—
a: all of the lands described in subsection (2); or
b: specified lands described in subsection (2).
60: Annual operational plan
1: For each financial year, the Maunga Authority and the Auckland Council must agree an annual operational plan to provide a framework in which the Council will carry out its functions under section 61
2: An annual operational plan must be—
a: agreed before the commencement of the financial year to which it relates; and
b: prepared and adopted concurrently with the Council's annual plan; and
c: included in the Council’s annual plan in summary form.
3: An annual operational plan must include the following information:
a: information relating to the matters specified in subsection (4) for the financial year to which the plan relates for each maunga and the administered lands; and
b: indicative information in respect of the matters referred to in paragraph (a) for the following 2 financial years; and
c: relevant financial information contained in the Council's long-term plan and, as the case may be, draft long-term plan, for all activities and functions relating to the maunga and the administered lands; and
d: any other information relating to the maunga and the administered lands agreed by the Maunga Authority and the Council.
4: The matters referred to in subsection (3)﻿(a) are—
a: funding:
b: restoration work:
c: capital projects:
d: strategic, policy, and planning projects:
e: maintenance and operational projects:
f: levels of service to be provided by the Council:
g: contracts for management or maintenance activities on the maunga and the administered lands:
h: facilitation of authorised cultural activities:
i: educational programmes:
j: Ngā Mana Whenua o Tāmaki Makaurau programmes, including iwi or hapū programmes:
k: opportunities for members of Ngā Mana Whenua o Tāmaki Makaurau to carry out or participate in any of the activities described in paragraphs (b) to (i).
5: For the purposes of subsection (2),—
a: the Maunga Authority and the Council must agree a draft annual operational plan and a summary of that plan; and
b: the Council must include the summary in the Council’s draft annual plan; and
c: the Maunga Authority and the Council must jointly consider submissions relating to that part of the Council’s draft annual plan relating to the summary; and
d: the Maunga Authority and the Council must agree the annual operational plan and a summary of that plan; and
e: the Council must include the summary of the annual operational plan in the Council’s annual plan.
6: The Maunga Authority and the Council must agree the first annual operational plan under this section for the 2015/2016 financial year.
7: In this section, annual plan long-term plan section 5(1)
61: Auckland Council responsible for routine management
1: The Auckland Council is responsible for the routine management of the maunga and the administered lands.
2: The Council must carry out this responsibility—
a: under the direction of the Maunga Authority; and
b: in accordance with—
i: the current annual operational plan; and
ii: any standard operating procedures agreed between the Maunga Authority and the Council; and
iii: any delegations made to the Council under section 113
3: Despite subsection (2), the Council may carry out its responsibility in relation to Maungakiekie / One Tree Hill in whole or in part through the One Tree Hill Domain/Maungakiekie maintenance agreement until the agreement terminates. However, the Maunga Authority may direct the Council to terminate the agreement and, if the Maunga Authority does so, the Council must comply with that direction in accordance with the termination provisions of the agreement.
4: For the purposes of carrying out its responsibilities under this section, the Reserves Act 1977
a: as if the Council were the administering body of the maunga and the administered lands; and
b: with any necessary modification; but
c: subject to subsection (2).
5: This section is subject to section 62
6: In subsection (3), One Tree Hill Domain/Maungakiekie maintenance agreement agreement
62: Auckland Council responsible for costs
1: The Auckland Council is responsible for the costs in relation to the maunga and the administered lands—
a: incurred by the Council in carrying out its functions under this Act; and
b: incurred by the Maunga Authority in carrying out its functions under this Act or the Reserves Act 1977
2: However, the Council is required to fulfil this responsibility only to the extent that funding and revenue for the maunga and the administered lands allow.
3: Subsection (2) does not apply in relation to the payment of remuneration and expenses of members of the Maunga Authority.
4: In this section, funding revenue section 63(8)
63: Financial management, financial reporting, and operational accountability
1: Funding and revenue for the maunga and the administered lands must be applied only for the purposes of the maunga and the administered lands.
2: To this end, the funding and revenue must be—
a: held by the Auckland Council and accounted for separately from any other funding, revenue, or other income of the Council; and
b: applied by the Council—
i: under the direction of the Maunga Authority; and
ii: in accordance with the annual operational plan; and
iii: for the purposes of fulfilling its responsibilities under section 62
3: In each financial year, the Auckland Council must—
a: report quarterly to the Maunga Authority on—
i: the costs, funding, and revenue of the maunga and the administered lands for that quarter; and
ii: any variation from the forecast costs, funding, and revenue for the maunga and the administered lands for that quarter; and
b: provide to the Maunga Authority—
i: an annual financial report on the maunga and the administered lands for the year; and
ii: a letter, signed by the Council's chief executive, confirming that the report described in subparagraph (i) is accurate and that the Council's accounts relating to the maunga and the administered lands for the year have been operated appropriately.
4: In each financial year, the Auckland Council must provide to the Maunga Authority an annual operational report on the maunga and the administered lands for the year.
5: The Maunga Authority may direct the Auckland Council, in writing, to have the Council's accounts relating to the maunga and the administered lands reviewed by the Council's auditor.
6: As soon as practicable after receiving a direction under subsection (5), the Auckland Council must arrange for the accounts to be reviewed by the Council's auditor and a report by the auditor must be provided to the Maunga Authority.
7: Subsection (2) applies despite—
a: the provisions of the Reserves Act 1977
b: any agreement or rule of law.
8: In this section,— funding
a: funding from the Auckland Council that is dedicated under the annual operational plan or otherwise held by the Council as funding for the maunga or the administered lands; and
b: funding from any other source revenue
64: Annual meeting of Auckland Council and Ngā Mana Whenua o Tāmaki Makaurau
1: The Auckland Council must meet annually with Ngā Mana Whenua o Tāmaki Makaurau to discuss matters relating to the maunga and the administered lands, including—
a: the performance of the Maunga Authority during the year; and
b: the proposed activities of the Maunga Authority in the following year.
2: The process and particulars in relation to each meeting, including the date, time, place, and agenda, must be agreed between the trustee and the Auckland Council.
7: Ngā Mana Whenua o Tāmaki Makaurau cultural activities in relation to maunga and administered lands
65: Crown acknowledgement
The Crown acknowledges—
a: the importance to Ngā Mana Whenua o Tāmaki Makaurau of cultural activities on and traditional uses of the tūpuna maunga o Tāmaki Makaurau; and
b: the importance of cultural activities on and traditional uses of the tūpuna maunga o Tāmaki Makaurau as integral parts of the relationship of Ngā Mana Whenua o Tāmaki Makaurau with the tūpuna maunga o Tāmaki Makaurau; and
c: the desirability of restoring and facilitating the exercise by Ngā Mana Whenua o Tāmaki Makaurau of cultural activities on and traditional uses of the tūpuna maunga o Tāmaki Makaurau.
66: Meaning of authorised cultural activity
In this Act, authorised cultural activity
a: the erection of pou or flags:
b: an instructional or educational hīkoi:
c: a wānanga, hui, or pōwhiri:
d: an event that celebrates the maunga and volcanic activity as distinguishing and land-shaping features of Tāmaki Makaurau:
e: an event that marks or celebrates the history of Aotearoa, Waitangi Day, or Matariki:
f: an event that celebrates the ancestral association, or exercises the mana, of Ngā Mana Whenua o Tāmaki Makaurau with or over the maunga:
g: an event that celebrates Ngā Mana Whenua o Tāmaki Makaurau in its collective capacity:
h: an event that celebrates an iwi or a hapū of Ngā Mana Whenua o Tāmaki Makaurau:
i: any other activity in relation to which provisions are included in the integrated management plan in accordance with section 59(4) to (7)
67: Carrying out of authorised cultural activities by members of Ngā Mana Whenua o Tāmaki Makaurau
1: The trustee may grant approval to 1 or more members of Ngā Mana Whenua o Tāmaki Makaurau to carry out an authorised cultural activity on—
a: 1 or more maunga:
b: some or all of the administered lands:
c: 1 or more maunga and some or all of the administered lands.
2: However, if requested by a rōpū entity, or a representative entity of an iwi or a hapū described in section 9(a)
3: The trustee must notify the Maunga Authority if it devolves its responsibility under subsection (1) in accordance with subsection (2).
4: The trustee, a representative entity, or a rōpū entity may grant approval for the carrying out of an authorised cultural activity only if it is satisfied that—
a: the activity will comply with the relevant provisions of the integrated management plan, including any terms and conditions prescribed in the plan in respect of the activity or an activity of that type; and
b: the activity will comply with the Resource Management Act 1991
c: any permission or other authorisation required under the Reserves Act 1977
d: the activity will comply with any other relevant enactment (for example, the Heritage New Zealand Pouhere Taonga Act 2014 Burial and Cremation Act 1964 Health Act 1956
5: If the authorised cultural activity involves the erection of 1 or more structures, the trustee, representative entity, or rōpū entity must also be satisfied that each structure is—
a: temporary or moveable; or
b: if permanent, symbolic only (for example, pou whenua or waharoa), or necessary for cultural interpretation (for example, a sign explaining a feature or an event).
6: The trustee, a representative entity, or a rōpū entity must give the Maunga Authority notice, in writing or electronically, of an activity for which it has granted approval under subsection (1).
7: Notice must be given as soon as possible, but not later than 5 working days before the day, or the first day, on which the activity is to be carried out.
8: If the trustee, a representative entity, or a rōpū entity grants approval to carry out an authorised cultural activity under this section, any permission or other authorisation required under the Reserves Act 1977
9: In this section, maunga Section 67(9) amended 17 January 2019 section 38(1) clause 16
8: Vesting and vesting back of motu
68: Notice appointing vesting date for motu
1: The trustee may give written notice to the Minister of Conservation of the date on which the motu are to vest in the trustee ( proposed date
2: The proposed date must be not later than 1 year after the effective date.
3: The trustee must give the Minister of Conservation not less than 40 working days’ notice of the proposed date. However, the Minister may agree to a shorter notice period, in which case the trustee must give notice within the period of the agreed number of working days.
4: In this section and section 69 motu vesting date
a: the date proposed by the trustee in accordance with subsections (1) to (3); or
b: the date that is 1 year after the effective date, if no such date is proposed.
5: The Minister of Conservation must publish a notice in the Gazette
a: specifies the motu vesting date; and
b: states that the fee simple estate in each motu vests in the trustee on the motu vesting date; and
c: states, for each motu, that the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau specified for that motu in part 3 of the property redress schedule have spiritual, ancestral, cultural, customary, and historical interests in the motu.
6: The notice must be published as early as practicable before the motu vesting date.
7: The stating of interests under subsection (5)﻿(c) does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the motu.
69: Vesting and vesting back of motu
1: The fee simple estate in each motu vests in the trustee on the motu vesting date (the vestings
2: The fee simple estate in each motu vests back in the Crown on the 32nd day after the motu vesting date.
3: The following matters apply as if the vestings had not occurred:
a: each motu remains a reserve under the Reserves Act 1977
b: any other enactment or any instrument that applied to a motu immediately before the motu vesting date continues to apply to the motu; and
c: any interest that affected a motu immediately before the motu vesting date continues to affect the motu.
4: To avoid doubt, as a result of subsection (3), the Crown retains, as if the vestings had not occurred,—
a: all liability for the motu; and
b: all management and administrative authority for the motu.
5: The vestings are not affected by Part 4A section 11 Part 10
9: Vesting of Ngā Pona-toru-a-Peretū, Islington Bay Hall property, and Islington Bay Bach 80 property (Rangitoto Island properties)
Ngā Pona-toru-a-Peretū
70: Ngā Pona-toru-a-Peretū
1: The reservation of Ngā Pona-toru-a-Peretū (being part of Rangitoto Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Ngā Pona-toru-a-Peretū then vests in the trustee.
3: Ngā Pona-toru-a-Peretū is then declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
4: Despite the vesting under subsection (2), the Reserves Act 1977
5: To avoid doubt, as a result of subsection (4),—
a: the reserve is not vested in, or managed and controlled by, an administering body; and
b: the Crown continues to administer, control, and manage the reserve; and
c: the Crown continues to retain all income, and be responsible for all liabilities, in relation to the reserve; and
d: the reserve continues to form part of the Hauraki Gulf Marine Park established under section 33
6: However, the Minister of Conservation must not—
a: authorise the exchange of Ngā Pona-toru-a-Peretū under the Reserves Act 1977
b: revoke the reserve status of Ngā Pona-toru-a-Peretū (but may reclassify it) under that Act.
7: The trustee must not—
a: transfer the fee simple estate in Ngā Pona-toru-a-Peretū to any other person; or
b: mortgage, or give a security interest in, the land.
71: Ngā Pona-toru-a-Peretū vests subject to specified interests
1: Ngā Pona-toru-a-Peretū vests in the trustee under section 70 Part 2
2: Subsection (3) applies to any interest listed in Part 2
3: On and from the vesting, the Crown must be treated as the grantor of the interest.
4: Subsections (5) and (6) apply to any interest listed in Part 2
5: The interest applies in respect of Ngā Pona-toru-a-Peretū—
a: until the interest expires or is terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in Ngā Pona-toru-a-Peretū.
6: If the interest has a grantor, the Crown remains the grantor of the interest.
7: In this section, interest
72: Crown improvements attached to Ngā Pona-toru-a-Peretū
1: This section applies to the improvements attached to Ngā Pona-toru-a-Peretū—
a: on the vesting of Ngā Pona-toru-a-Peretū in the trustee under section 70
b: despite the vesting.
2: The improvements remain vested in the Crown, and each improvement—
a: may remain attached to Ngā Pona-toru-a-Peretū without the consent of, and without charge by, the trustee; and
b: may be used, occupied, accessed, repaired, or maintained at any time without the consent of, and without charge by, the trustee; and
c: may be removed or demolished by the Crown at any time without the consent of, and without charge by, the trustee.
3: If an improvement is removed or demolished, the Crown must leave the land in a clean and tidy condition.
4: The trustee is not liable for an improvement for which it would, apart from this section, be liable by reason of its ownership of Ngā Pona-toru-a-Peretū.
5: To avoid doubt, nothing in subsection (2)﻿(c) limits or affects the requirements of the Reserves Act 1977 Islington Bay Hall property
73: Islington Bay Hall property
1: The reservation of the Islington Bay Hall property (being part of Rangitoto Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Islington Bay Hall property then vests in the trustee.
3: The Islington Bay Hall property is then—
a: declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
b: included in the Hauraki Gulf Marine Park established under section 33 section 164(2)
4: The trustee is the administering body of the reserve created under subsection (3).
5: The trustee must not—
a: transfer the fee simple estate in the Islington Bay Hall property to any other person; or
b: mortgage, or give a security interest in, the property; or
c: consent to the exchange of the property under section 15
6: The reserve status of the Islington Bay Hall property must not be revoked, but may be reclassified in accordance with the Reserves Act 1977
74: Islington Bay Hall property vests subject to specified interests
1: The Islington Bay Hall property vests in the trustee under section 73 Part 2
2: Subsections (3) and (4) apply to the interest listed in Part 2
3: The interest applies in respect of the property—
a: until the interest expires or is terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
4: If the interest has a grantor, the interest applies in respect of the property as if the trustee were the grantor.
5: In this section, interest
75: Crown improvements attached to Islington Bay Hall property
1: This section applies to the improvements attached to the Islington Bay Hall property, and owned by the Crown immediately before the vesting of the property in the trustee under section 73
a: on the vesting of the property in the trustee under that section; and
b: despite the vesting.
2: The improvements remain vested in the Crown, and each improvement—
a: may remain attached to the property without the consent of, and without charge by, the trustee; and
b: may be accessed, used, occupied, repaired, or maintained by the Crown at any time without the consent of, and without charge by, the trustee; and
c: may be removed or demolished by the Crown at any time without the consent of, and without charge by, the trustee.
3: For the purposes of managing the improvement, the Reserves Act 1977
4: If the improvement is removed or demolished, the Crown must leave the land in a clean and tidy condition.
5: The trustee is not liable for an improvement for which it would, apart from this section, be liable by reason of its ownership of the property.
6: In subsection (2)﻿(b), the Crown
7: To avoid doubt, nothing in subsection (2)﻿(c) limits or affects the requirements of the Reserves Act 1977
76: Use of Islington Bay Hall property by Ngā Mana Whenua o Tāmaki Makaurau and trustee
1: Ngā Mana Whenua o Tāmaki Makaurau may use an improvement described in section 75(1)
a: without charge; but
b: subject to availability, as regulated by the Crown (in its capacity as the administrator of that part of the property).
2: The trustee may—
a: place temporary or moveable structures on the open spaces of the Islington Bay Hall property during Ngā Mana Whenua o Tāmaki Makaurau spiritual or cultural events so long as the structures do not damage the improvements; and
b: fix or place permanent symbolic structures (for example, pou whenua or waharoa) that reflect Ngā Mana Whenua o Tāmaki Makaurau associations with Rangitoto or other motu on the open spaces of the Islington Bay Hall property so long as the structures do not damage the improvements.
3: For the purposes of the Reserves Act 1977
4: To avoid doubt, nothing in this section removes any obligations of the trustee in respect of obtaining any other consents or approvals required to erect a structure referred to in subsection (2) (for example, a building consent under the Building Act 2004 Islington Bay Bach 80 property
77: Islington Bay Bach 80 property
1: The reservation of the Islington Bay Bach 80 property (being part of Rangitoto Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in the Islington Bay Bach 80 property then vests in the trustee subject to the interest listed for the property in Part 2
3: The Islington Bay Bach 80 property is then—
a: declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)﻿(a)
b: included in the Hauraki Gulf Marine Park established under section 33 section 164(2)
4: The trustee is the administering body of the reserve created under subsection (3).
5: The trustee must not—
a: transfer the fee simple estate in the Islington Bay Bach 80 property to any other person; or
b: mortgage, or give a security interest in, the property; or
c: consent to the exchange of the property under section 15
6: The reserve status of the Islington Bay Bach 80 property must not be revoked, but may be reclassified in accordance with the Reserves Act 1977
78: Trustee may erect certain improvements on Islington Bay Bach 80 property as if Reserves Act 1977 approvals granted
1: The trustee may erect an ancillary building or structure on the Islington Bay Bach 80 property so that the existing Bach 80 building may be lawfully used as overnight accommodation.
2: The trustee may erect, as a Ngā Mana Whenua o Tāmaki Makaurau spiritual or cultural wānanga centre, a single-storey building of not more than 200 m² floor area on the open space of the Islington Bay Bach 80 property.
3: For the purposes of the Reserves Act 1977
4: To avoid doubt, nothing in this section removes any obligations of the trustee in respect of obtaining any other consents or approvals required to erect the structure or buildings referred to in subsections (1) and (2) (for example, a building consent under the Building Act 2004
79: Trustee may restrict or prohibit access to improvements on Islington Bay Bach 80 property
1: The trustee may—
a: restrict or prohibit public access to the improvements (whether existing or erected under section 78
b: for spiritual or cultural purposes, authorise exclusive private use of those improvements by the trustee or invitees of the trustee.
2: Subsection (1) applies despite anything to the contrary in the Reserves Act 1977 General provisions applying to Rangitoto Island properties
80: Registration of ownership
1: This section applies in relation to the fee simple estate in each Rangitoto Island property vested in the trustee under this subpart.
2: The Registrar-General must, in accordance with a written application by a person authorised by the Director-General,—
a: create 1 computer freehold register for the fee simple estate in the property in the name of the trustee; and
b: record on the register any interests that are registered, notified, or notifiable and that are described in the application.
3: Subsection (2) is subject to the completion of any survey necessary to create a computer freehold register.
4: A computer freehold register must be created under this section as soon as is reasonably practicable after the effective date, but not later than—
a: 24 months after the effective date; or
b: any later date that may be agreed in writing by the Crown and the trustee.
81: Recording of iwi and hapū interests
1: The Registrar-General must record on any computer freehold register for each Rangitoto Island property that the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau specified for that property in part 3 of the property redress schedule have spiritual, ancestral, cultural, customary, and historical interests in the property.
2: The recording of interests under this section does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the property.
82: Application of Part 4A of Conservation Act 1987
The vesting of the fee simple estate in each Rangitoto Island property in the trustee under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
83: Application of other enactments
1: Sections 24 25
2: Section 11 Part 10
a: the vesting of the fee simple estate in the Rangitoto Island properties under this subpart; or
b: any matter incidental to, or required for the purpose of, the vestings.
3: The vesting of the fee simple estate in the Rangitoto Island properties under this subpart does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
84: Application of Reserves Act 1977
1: Sections 48A 114 115
2: Sections 78(1)﻿(a) 79 to 81 88
3: Otherwise, the Reserves Act 1977
85: Application of Forest and Rural Fires Act 1977
For the purposes of the Forest and Rural Fires Act 1977 section 2(1)
86: Saving of bylaws, etc, in relation to Rangitoto Island properties
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister of Conservation has made or imposed under the Reserves Act 1977 Conservation Act 1987
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Reserves Act 1977 Conservation Act 1987
87: Names of Rangitoto Island properties in respect of status as Crown protected areas and reserves
1: The official geographic name—
a: for that part of Rangitoto Island Scenic Reserve that is Ngā Pona-toru-a-Peretū is changed to Ngā Pona-toru-a-Peretū Scenic Reserve, and the Geographic Board must amend the Gazetteer accordingly:
b: for the Islington Bay Hall property is discontinued in respect of the land, and the Geographic Board must amend the Gazetteer accordingly:
c: for the Islington Bay Bach 80 property is discontinued in respect of the land, and the Geographic Board must amend the Gazetteer accordingly.
2: The Islington Bay Hall property and the Islington Bay Bach 80 property are not Crown protected areas, despite anything in the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
3: The Minister of Conservation must not name or change the name of a Rangitoto Island property under section 16(10)
88: Recording of certain matters on computer freehold registers
1: This section applies in respect of each Rangitoto Island property.
2: The Registrar-General must record on any computer freehold register for the property—
a: the iwi and hapū interests as required by section 81
b: that the land is subject to Part 4A
c: that the land is subject to—
i: section 70(4) to (7)
ii: section 73(5) and (6)
iii: section 77(5) and (6)
3: A notation made under subsection (2)﻿(b) is to be treated as having been made in compliance with section 24D(1)
4: For the purposes of any registration matter relating to an interest for Ngā Pona-toru-a-Peretū, the Crown must be treated as the registered proprietor of the fee simple estate in Ngā Pona-toru-a-Peretū.
10: Conservation management plan for Hauraki Gulf / Tīkapa Moana inner motu (Tāmaki Makaurau motu plan)
89: Process for preparation and approval of Tāmaki Makaurau motu plan for Hauraki Gulf / Tīkapa Moana inner motu
1: A conservation management plan for the Hauraki Gulf / Tīkapa Moana inner motu (the Tāmaki Makaurau motu plan motu plan
2: The Reserves Act 1977 section 40B
3: Sections 17E 17F to 17I 49(2) section 40B
4: The Director-General must start preparing the first motu plan not later than 6 months after the effective date.
5: This section is subject to section 90
90: Browns Island Recreation Reserve
The requirements of this subpart, and the motu plan, apply in relation to the Browns Island Recreation Reserve only while the Crown administers the reserve.
91: Preparation of draft motu plan
The Director-General must prepare a draft motu plan in consultation with—
a: the trustee; and
b: the Conservation Board; and
c: the Auckland Council, in respect of that part of the draft plan relating to the Browns Island Recreation Reserve; and
d: any other persons or organisations that the Director-General considers it practicable and appropriate to consult.
92: Notification of draft motu plan
1: The Director-General must give notice of the draft motu plan as follows:
a: by public notice under section 49(1)
b: by written notice to—
i: the Auckland Council; and
ii: the rōpū entities; and
iii: iwi authorities (as defined in section 2(1)
iv: the Hauraki Gulf Forum (as defined in section 4
2: The notices must be given not later than 12 months after the start of the preparation of the draft plan.
3: Each notice must—
a: state that the draft plan is available for inspection at the places and times specified in the notice; and
b: invite any person or organisation to make written submissions to the Director-General on the draft plan on or before the date specified in the notice, which must be no earlier than 2 months after the date the notice is given.
93: Submissions on draft motu plan
1: Any person or organisation may make written submissions to the Director-General on the draft motu plan at the place, and on or before the date, specified in a notice given under section 92
2: The Director-General may, after consulting the trustee and the Conservation Board, obtain public opinion on the draft plan from any person or organisation by any other means.
3: The Director-General must make the draft plan available for public inspection between 9 am and 5 pm on any working day—
a: on and from the date notice is given under section 92(1)﻿(a) section 92(3)﻿(b)
b: in places and quantities that are likely to encourage public participation in the development of the plan.
94: Hearing of submissions
1: Submissions on the draft motu plan must be heard by a meeting of representatives of the Director-General, the trustee, and the Conservation Board.
2: A submitter who requests to be heard in support of a submission must be given a reasonable opportunity to be heard.
3: Any other person or organisation that was consulted on the draft plan may be heard at the discretion of the representatives.
4: The representatives must determine the procedures at any hearing under this section.
5: The hearing of submissions must end not later than 2 months after the last date for written submissions.
6: The Director-General must—
a: prepare a summary of the submissions received, and any public opinion obtained, on the draft plan; and
b: provide the summary to the trustee and the Conservation Board not later than 1 month after the end of the hearing of submissions.
95: Revision of draft motu plan
1: The Director-General must consider the submissions received, and any public opinion obtained, on the draft motu plan.
2: The Director-General then—
a: may revise the draft plan in consultation with the representatives of the trustee and the Conservation Board who heard submissions; and
b: must provide the draft plan, including any revisions, to the trustee and the Conservation Board not later than 4 months after the end of the hearing of submissions.
3: The trustee and the Conservation Board,—
a: on receiving the draft plan, must together consider the draft plan and the summary of submissions; and
b: not later than 4 months after receiving the draft plan and the summary, may request the Director-General to revise the draft plan.
4: If the Director-General receives a request under subsection (3)﻿(b), he or she must—
a: revise the draft plan in accordance with the request; and
b: provide the revised draft plan to the trustee and the Conservation Board not later than 2 months after receiving the request.
5: In subsection (3)﻿(a) and section 96(1) summary of submissions section 94(6)﻿(a)
96: Referral of draft motu plan to Conservation Authority and Minister of Conservation
1: The trustee and the Conservation Board must provide the draft motu plan and the summary of submissions to—
a: the Conservation Authority for its comments on matters relating to the national public conservation interest in the motu; and
b: the Minister of Conservation for his or her comments.
2: The draft plan must be provided in the form of—
a: the draft plan provided by the Director-General under section 95(2)﻿(b) section 95(3)﻿(b)
b: the revised draft plan provided by the Director-General under section 95(4)﻿(b) section 95(3)﻿(b)
3: The Conservation Authority and the Minister of Conservation must provide any comments on the draft plan to the trustee and the Conservation Board not later than 4 months after receiving the draft plan.
97: Approval of draft motu plan
1: The trustee and the Conservation Board must—
a: consider any comments received from the Conservation Authority and the Minister of Conservation under section 96(3)
b: make any changes to the draft motu plan that are considered necessary.
2: The trustee and the Conservation Board must, not later than 2 months after receiving the comments,—
a: approve the draft plan; or
b: refer any disagreement about the draft plan to the Conservation Authority by providing a written statement of the matters of disagreement and the reasons for them.
98: Referral of disagreement to Conservation Authority
1: If a disagreement is referred to the Conservation Authority under section 97(2)﻿(b)
a: make a recommendation on any matter of disagreement; and
b: give written notice of the recommendation to the trustee and the Conservation Board.
2: The notice of recommendation must be given not later than 3 months after the disagreement is referred to the Conservation Authority.
3: The trustee and the Conservation Board must, after receiving and considering the notice of recommendation,—
a: try to resolve any matters of disagreement; and
b: make any changes to the draft motu plan that are considered necessary.
4: If any matter of disagreement has not been resolved within 2 months after the trustee and the Conservation Board receive the notice of recommendation,—
a: the recommendations in the notice become binding; and
b: the trustee and the Conservation Board must make any changes to the draft plan that are necessary to implement any recommendations.
5: The trustee and the Conservation Board must approve the draft plan not later than 4 months after receiving the notice of recommendation.
99: Mediation of disagreement
1: The trustee, the Conservation Board, and the Director-General—
a: must all agree on a mediator not later than 3 months after the effective date; and
b: may all agree on a different mediator at any time.
2: If a disagreement arises between the persons referred to in subsection (1) at any time during the process under sections 91 to 98 parties
3: If a party considers that it is necessary to resort to mediation, the party must refer the matter to mediation by giving written notice to the 1 or more other parties.
4: The mediation must be conducted by the mediator agreed on under subsection (1).
5: The parties must participate in the mediation in a co-operative, open-minded, and timely manner, having particular regard to—
a: the purpose of having a conservation management plan for the Hauraki Gulf / Tīkapa Moana inner motu; and
b: the conservation purposes for which the motu are held.
6: The parties must do their best to continue with the preparation and approval of the motu plan while the disagreement is mediated.
7: Each party must—
a: pay its own costs of the mediation; and
b: pay an equal share of the costs associated with the mediation.
8: The mediation must end not later than 3 months after the day on which the matter was referred to mediation.
9: The period of time starting on the day on which the matter is referred to mediation and ending on the last day of the mediation must be excluded from any time limit specified in sections 91 to 98
100: Review of motu plan
1: The Director-General may at any time initiate a review of all or part of the motu plan, after first consulting the trustee and the Conservation Board.
2: The trustee or the Conservation Board may at any time request the Director-General to initiate a review of all or part of the motu plan. The Director-General must consider the request.
3: Any review of the motu plan must be carried out and approved in accordance with sections 91 to 98
4: The Director-General must review all of the motu plan not later than 10 years after the date on which it was last approved.
5: The Minister of Conservation may extend the time limit in subsection (4), but only after consulting the trustee and the Conservation Board.
101: Amendment of motu plan
1: The Director-General may at any time initiate the amendment of all or part of the motu plan, after first consulting the trustee and the Conservation Board.
2: Any amendment of the motu plan must be carried out and approved in accordance with sections 91 to 98
3: However, an amendment may instead be made under subsections (4) to (6) if the Director-General, the trustee, and the Conservation Board all consider that the amendment will not materially affect—
a: the objectives or policies expressed in the motu plan; or
b: the public interest in the relevant area.
4: The Director-General must provide the draft amendment to the trustee and the Conservation Board.
5: The trustee and the Conservation Board—
a: must consider the draft amendment; and
b: may amend the motu plan as proposed and approve the amended plan.
6: Any approval under subsection (5)﻿(b) must be given not later than 2 months after the trustee and the Conservation Board receive the proposed amendment.
11: Geographic names
102: New official names of features
1: The name specified in the first column of the table in clause 5.1 of the collective deed is assigned to the feature described in the second and third columns of that table.
2: A name specified in the first column of the table in clause 5.2 of the collective deed is altered to the name specified in the second column of that table for the feature described in the third and fourth columns of that table.
3: Each assignment or alteration is to be treated as if it were an assignment or alteration of the official geographic name by a determination of the Geographic Board under section 19
103: Publication of new official names
1: The Geographic Board must, as soon as practicable after the effective date, give public notice of each assignment or alteration of a name under section 102 section 21(2)
2: However, the notices must state that the assignments and alterations took effect on the effective date.
104: Alteration of new official names
1: The Geographic Board need not comply with the requirements of sections 16 to 18 19(1) 20
2: Instead, the Geographic Board may make the determination as long as it has the written consent of the trustee.
3: To avoid doubt, the Geographic Board must give public notice of the determination in accordance with section 21(2)
12: Limitation of liability for maunga and Rangitoto Island properties
105: Limitation of liability under section 314(1)﻿(da) of Resource Management Act 1991
1: No enforcement order may be made by the Environment Court requiring the trustee to act under section 314(1)﻿(da)
a: 1 or more of the maunga vested in the trustee under this Act; or
b: 1 or more of the Rangitoto Island properties.
2: Subsection (1) applies only to the extent that the effect—
a: is caused by or results from 1 or more activities or events that were carried out or occurred at any time before the vesting of the maunga or, in the case of the Rangitoto Island properties, before the effective date; and
b: is not identified in the disclosure information provided by the Crown to Ngā Mana Whenua o Tāmaki Makaurau, as described in clause 1.1 of the property redress schedule.
3: In this section, enforcement order environment section 2(1)
3: Tūpuna Maunga o Tāmaki Makaurau Authority
106: Establishment of Tūpuna Maunga o Tāmaki Makaurau Authority
This section establishes the Tūpuna Maunga o Tāmaki Makaurau Authority.
107: Membership
1: The Maunga Authority comprises—
a: 2 members appointed by the Marutūāhu rōpū entity; and
b: 2 members appointed by the Ngāti Whātua rōpū entity; and
c: 2 members appointed by the Waiohua Tāmaki rōpū entity; and
d: 6 members appointed by the Auckland Council; and
e: 1 non-voting member appointed by the Minister for Arts, Culture and Heritage—
i: for the first 3 years of the Maunga Authority's existence; and
ii: for any longer period agreed between the Minister, the trustee, and the Auckland Council.
2: An appointer may appoint a member only by giving written notice with the following details to the member, all other appointers, and the Maunga Authority:
a: the member's full name, address, and contact details; and
b: the date on which the appointment takes effect in accordance with this section; and
c: the date of the notice.
3: An appointment takes effect on the 60th day after the polling day of the triennial general election that is held, under section 10
4: Despite subsection (3), an appointment to fill an extraordinary vacancy takes effect on the date on which the notice under subsection (2) is given to the relevant appointers and the Maunga Authority.
5: In this section,— appointer extraordinary vacancy clause 4
108: Chairperson and deputy chairperson
1: The members appointed by the rōpū entities must appoint the chairperson of the Maunga Authority from among its members.
2: The members appointed by the Auckland Council must appoint the deputy chairperson of the Maunga Authority from among its members.
3: The chairperson must preside at all meetings of the Maunga Authority at which he or she is present.
4: The deputy chairperson must preside at all meetings of the Maunga Authority at which he or she is present and from which the chairperson is absent.
5: An appointer may appoint a chairperson or deputy chairperson only by giving written notice with the following details to the other appointers and the Maunga Authority:
a: the member's full name, address, and contact details; and
b: the date on which the member's appointment as chairperson or deputy chairperson takes effect, which must be not earlier than the date of the notice.
109: Functions and powers
1: The Maunga Authority has the powers and functions conferred on it by or under this Act or any other enactment.
2: In exercising its powers and carrying out its functions in relation to the maunga, the Maunga Authority must have regard to—
a: the spiritual, ancestral, cultural, customary, and historical significance of the maunga to Ngā Mana Whenua o Tāmaki Makaurau; and
b: section 41(2)
3: In exercising its powers and carrying out its functions in relation to the administered lands, the Maunga Authority must have regard to the spiritual, ancestral, cultural, customary, and historical significance of the administered lands to Ngā Mana Whenua o Tāmaki Makaurau.
110: Maunga Authority administering body for certain other land
1: To enable integrated management, the Maunga Authority may consent to being appointed as the administering body of land of the following description:
a: land owned by the Crown—
i: that is subject to the Reserves Act 1977
ii: to which the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau have a historical and cultural relationship similar to the one that they have to the maunga; and
iii: in respect of which the Crown has determined that the Maunga Authority is best suited to manage the land; and
iv: in respect of which the Auckland Council has consented to the appointment of the Maunga Authority as the administering body:
b: land owned by or vested in the Auckland Council—
i: that is subject to the Reserves Act 1977
ii: to which the iwi and hapū of Ngā Mana Whenua o Tāmaki Makaurau have a historical and cultural relationship similar to the one that they have to the maunga; and
iii: in respect of which the Auckland Council has determined that the Maunga Authority is best suited to manage the land.
2: An appointment is made and takes effect on the day that the Minister of Conservation, by notice in the Gazette Reserves Act 1977
3: Land in respect of which the Maunga Authority has been appointed as the administering body under subsection (2) must be administered as if it were vested in the Maunga Authority and, subject to any terms and conditions specified in the notice,—
a: this Act and the Reserves Act 1977
b: for the purposes of any registration matter relating to an interest, the Maunga Authority must be treated as the registered proprietor of the fee simple estate in the land.
4: Subsection (5) applies—
a: if the Crown—
i: no longer wishes the Maunga Authority to administer Crown-owned land in accordance with an appointment made under subsection (2); and
ii: has consulted the Maunga Authority; and
iii: has notified the Minister of Conservation in writing of the matters in subparagraphs (i) and (ii); or
b: if the Auckland Council—
i: no longer wishes the Maunga Authority to administer land owned by or vested in the Auckland Council in accordance with an appointment made under subsection (2); and
ii: has consulted the Maunga Authority; and
iii: has notified the Minister of Conservation in writing of the matters in subparagraphs (i) and (ii).
5: The Minister of Conservation must, by notice in the Gazette Reserves Act 1977
111: Ministerial delegations under Reserves Act 1977
1: The Maunga Authority may exercise or perform, in relation to the maunga and the administered lands, a power or function—
a: that the Minister of Conservation has delegated to all local authorities under section 10
b: that is relevant to the maunga and the administered lands.
2: The delegation applies to the Maunga Authority with all necessary modifications.
112: Local authority powers under Reserves Act 1977
1: Subject to the other provisions of this Act, the Maunga Authority may exercise or perform, in relation to the maunga and the administered lands, a power or function—
a: that a local authority is authorised to exercise or perform under the Reserves Act 1977
b: that is relevant to the maunga and the administered lands.
2: For the purposes of subsection (1), the Reserves Act 1977
3: To avoid doubt, subsection (1) applies where a local authority is authorised to exercise or perform the power or function—
a: as the administering body of a reserve vested in the local authority; or
b: as the administering body appointed to control and manage a reserve; or
c: in any other capacity.
113: Maunga Authority delegations for purposes of routine management of maunga and administered lands
1: For the purposes of section 61
a: a power or function to which section 111 112
b: 1 or more of its general functions, duties, and powers as the administering body of a maunga under the Reserves Act 1977
2: The Council may delegate any of the functions, duties, and powers delegated to it under this section by the Maunga Authority to another person, subject to any conditions, limitations, or prohibitions imposed on the Council by the Maunga Authority when making the original delegation.
3: The Council or a person to which or to whom the Council has delegated functions, duties, or powers under this section may, without confirmation by the Maunga Authority or the Council (as the case may be), exercise or perform the powers, functions, or duties in the same manner and with the same effect as the Maunga Authority could itself have exercised or performed them.
4: No delegation under this section relieves the Maunga Authority or the Council of the liability or legal responsibility to perform or to ensure the performance of any function or duty.
5: This section applies despite the provisions of the Reserves Act 1977
114: Administrative support for Maunga Authority
1: The Auckland Council must provide the Maunga Authority with the administrative support necessary for the Maunga Authority to carry out its functions and to exercise its powers under this Act.
2: The Council must provide the support—
a: from within the Council's current administrative framework; and
b: at a level equivalent to that provided to a committee of the Council.
3: Subsection (2) applies unless and until the Council and the Maunga Authority agree otherwise in writing.
4: To avoid doubt, administrative support
115: Maunga Authority not council organisation, council-controlled organisation, committee, or joint committee
1: The Maunga Authority is not a council organisation or a council-controlled organisation for the purposes of the Local Government Act 2002
2: The Maunga Authority is not a committee or a joint committee of the Auckland Council.
3: Subsection (2) is for the avoidance of doubt.
116: Procedures
1: Schedule 4
2: Otherwise, the Maunga Authority and its members may regulate their own procedures.
4: Commercial redress
Interpretation
117: Interpretation
1: In this Act, unless the context requires another meaning,— former deferred selection property
a: is situated in the RFR area; and
b: is defined or specified as a deferred selection property in a deed of settlement between the Crown and 1 or more iwi or hapū specified in section 9(a)﻿(i) to (vii) and (ix) to (xiii)
c: has not been transferred, and is no longer available for transfer, to the iwi or hapū, or a representative entity of the iwi or hapū, in accordance with that deed of settlement RFR area
2: In this Part and Schedule 5 Crown body section 119 dispose of
a: means to transfer or vest the fee simple estate in the land or to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), for 50 years or longer; but
b: to avoid doubt, does not include to—
i: mortgage, or give a security interest in, the land; or
ii: grant an easement over the land; or
iii: consent to an assignment of a lease, or to a sublease, of the land; or
iv: remove an improvement, fixture, or fitting from the land expiry date sections 123(1)﻿(a) 124 former deferred selection RFR land
a: would have been subject to a lease back to the Crown under the relevant deed of settlement; and
b: has not been transferred, and is no longer available for transfer, to the Limited Partnership in accordance with part 7 of the collective deed land holding agency notice section 120 subpart 1 offer subpart 1 RFR land required for another Treaty settlement section 120(3) RFR landowner
a: means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
b: means a Crown body, if the body holds the fee simple estate in the land; and
c: includes a local authority to which RFR land has been disposed of under section 129(1)
d: to avoid doubt, does not include an administering body in which RFR land is vested on the effective date or (under section 130(1) RFR period subsidiary section 5 tertiary education institution section 10(1) Unitec Section 117(2) tertiary education institution amended 1 August 2020 section 668 Education and Training Act 2020 Section 117(2) Unitec replaced 1 August 2020 section 668 Education and Training Act 2020
118: Meaning of RFR land
1: In this Act, RFR land
a: the land within the RFR area, but only if, on the effective date, the land—
i: is vested in the Crown and not occupied by a tertiary education institution; or
ii: is held in fee simple by the Crown and not occupied by a tertiary education institution; or
iii: is a reserve vested in an administering body that derived title to the reserve from the Crown and that would, on the application of section 25 27
b: former deferred selection RFR land; and
c: the land described in table 1 of part 4 of the attachments to the collective deed, but only if, on the effective date, the land is held in fee simple by a Crown body; and
d: the land obtained in exchange for a disposal of RFR land under section 134(1)﻿(c) 135
e: the land described in table 2 of part 4 of the attachments to the collective deed, but only if, on the effective date, the land is—
i: vested in or held in fee simple by the Crown and occupied by Unitec; or
ii: vested in or held in fee simple by Unitec; and
f: the land described in table 3 of part 4 of the attachments to the collective deed, but only if, on the effective date, the land is—
i: vested in or held in fee simple by the Crown and occupied by the University of Auckland; or
ii: vested in or held in fee simple by the University of Auckland.
2: However, land ceases to be RFR land if—
a: the fee simple estate in the land transfers from the RFR landowner to—
i: the Limited Partnership or to a rōpū entity or to the Limited Partnership's or rōpū entity's nominee (for example, under a contract formed under section 127
ii: any other person (including the Crown or a Crown body) under section 121(3)
b: the fee simple estate in the land transfers or vests from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 131 to 141
ii: under anything referred to in section 142(1)
iii: in accordance with a waiver or variation given under section 151
c: the RFR period ends; or
d: for RFR land required for another Treaty settlement, notice is given for the land under section 120
119: Meaning of Crown body
1: In this Act, Crown body
a: a Crown entity (as defined in section 7(1)
b: a State enterprise (as defined in section 2
c: the New Zealand Railways Corporation; and
d: a company or body that is wholly owned or wholly controlled by 1 or more of the following:
i: the Crown:
ii: a Crown entity:
iii: a State enterprise:
iv: the New Zealand Railways Corporation; and
e: a subsidiary, or related company, of a company or body referred to in paragraph (d).
2: For the purposes of subsection (1)﻿(d), controlled
a: for a company, control of the composition of its board of directors; and
b: for any other body, control of the composition of the group that would be its board of directors if the body were a company.
3: For the purposes of subsection (1)﻿(e), related company section 2(3)
120: Land required for another Treaty settlement ceasing to be RFR land
1: The Minister for Treaty of Waitangi Negotiations must, for RFR land required for another Treaty settlement, give notice to both the RFR landowner and the Limited Partnership that the land ceases to be RFR land.
2: The notice may be given at any time before a contract is formed under section 127
3: In this section, RFR land required for another Treaty settlement
1: RFR land
Restrictions on disposal of RFR land
121: Restrictions on disposal of RFR land
1: An RFR landowner must not dispose of RFR land to any person other than the Limited Partnership or a rōpū entity (or the Limited Partnership's or rōpū entity's nominee) unless the land is disposed of under subsection (2) or (3).
2: The RFR land may be disposed of under any of sections 128 to 141 section 142(1) section 151
3: The RFR land may be disposed of within 12 months after the expiry date of an offer by the RFR landowner to dispose of the land to the Limited Partnership if the offer to the Limited Partnership was—
a: made in accordance with section 123
b: made on terms that were the same as, or more favourable to the Limited Partnership than, the terms of the disposal to the person referred to in subsection (1); and
c: not withdrawn under section 125
d: not accepted under section 126 Notice of potential disposal of RFR land
122: Notice to Limited Partnership of potential disposal of RFR land
1: This section applies if an RFR landowner is considering whether to dispose of RFR land that, in order to be disposed of, may ultimately require the landowner to offer to dispose of the land to the Limited Partnership under this subpart.
2: The landowner must give the Limited Partnership notice that, if the landowner decides to dispose of the land, the landowner may be required to offer to dispose of the land to the Limited Partnership under this subpart.
3: The notice must—
a: specify the legal description of the land and identify any computer register that contains the land; and
b: specify a street address for the land (if applicable); and
c: if the land does not have a street address, include a narrative or diagrammatic description of the land with enough information so that a person who is not familiar with the land can locate it.
4: The giving of the notice does not, of itself, mean that an obligation has arisen under—
a: section 564(3)
b: section 23(1 24(4)
c: section 40 Section 122(4)﻿(a) amended 1 August 2020 section 668 Education and Training Act 2020 Limited Partnership's right of first refusal
123: Requirements for offer
1: An offer by an RFR landowner to dispose of RFR land to the Limited Partnership under this subpart must be by notice to the Limited Partnership, incorporating—
a: the terms of the offer, including its expiry date; and
b: a legal description of the land (including any interests affecting it) and the reference for any computer register that contains the land; and
c: a street address for the land (if applicable); and
d: a street address, postal address, and fax number for the Limited Partnership to give notice to the RFR landowner in relation to the offer.
2: An offer may not be made in accordance with this section unless—
a: the RFR landowner has previously given notice to the Limited Partnership under section 122
b: at least 40 working days have elapsed since that notice was given.
124: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 40 working days after the date on which the Limited Partnership receives notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 20 working days after the date on which the Limited Partnership receives notice of the offer if—
a: the Limited Partnership received an earlier offer to dispose of the land; and
b: the expiry date of the earlier offer was not earlier than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
125: Withdrawal of offer
An RFR landowner may, by notice to the Limited Partnership, withdraw an offer at any time before it is accepted.
126: Acceptance of offer
1: The Limited Partnership may, by notice to the RFR landowner who made an offer, accept the offer if—
a: it has not been withdrawn; and
b: its expiry date has not passed.
2: The Limited Partnership must accept all the RFR land offered, unless the offer permits it to accept less.
3: The notice must specify whether the Limited Partnership is accepting the offer—
a: on its own behalf; or
b: on behalf of a rōpū entity.
127: Formation of contract
1: If the Limited Partnership accepts, under section 126
2: The terms of the contract may be varied by written agreement between the RFR landowner and the purchaser.
3: Under the contract, the purchaser may nominate any person who is lawfully able to hold the RFR land (the nominee
4: The purchaser may nominate a nominee only by giving notice to the RFR landowner on or before the day that is 10 working days before the day on which the transfer is to settle.
5: The notice must specify—
a: the full name of the nominee; and
b: any other details about the nominee that the RFR landowner needs in order to transfer the RFR land to the nominee.
6: If the purchaser nominates a nominee, the purchaser remains liable for the obligations of the transferee under the contract.
7: In this section, purchaser
a: the Limited Partnership, if the Limited Partnership is specified in the notice of acceptance; or
b: the rōpū entity, if the rōpū entity is specified in the notice of acceptance. Disposals to others where land remains RFR land
128: Disposals to the Crown or Crown bodies
1: An RFR landowner may dispose of RFR land to—
a: the Crown; or
b: a Crown body.
2: To avoid doubt, the Crown may dispose of RFR land to a Crown body in accordance with section 563 Section 128(2) amended 1 August 2020 section 668 Education and Training Act 2020
129: Disposals of existing public works to local authorities
1: An RFR landowner may dispose of RFR land that is a public work, or part of a public work, in accordance with section 50 section 2
2: To avoid doubt, if RFR land is disposed of to a local authority under subsection (1), the local authority becomes—
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart.
130: Disposals of reserves to administering bodies
1: An RFR landowner may dispose of RFR land in accordance with section 26 26A
2: To avoid doubt, if RFR land that is a reserve is vested in an administering body under subsection (1), the administering body does not become—
a: the RFR landowner of the land; or
b: subject to the obligations of an RFR landowner under this subpart.
3: However, if RFR land vests back in the Crown under section 25 27
a: the RFR landowner of the land; and
b: subject to the obligations of an RFR landowner under this subpart. Disposals to others where land may cease to be RFR land
131: Disposals in accordance with enactment or rule of law
An RFR landowner may dispose of RFR land in accordance with an obligation under any enactment or rule of law.
132: Disposals in accordance with legal or equitable obligation
1: An RFR landowner may dispose of RFR land in accordance with a legal or equitable obligation that—
a: was unconditional before the effective date; or
b: was conditional before the effective date but became unconditional on or after the effective date; or
c: arose after the exercise (whether before, on, or after the effective date) of an option existing before the effective date.
2: An RFR landowner may dispose of RFR land in accordance with the requirements, existing before the effective date, of a gift, an endowment, or a trust relating to the land.
133: Disposals under certain legislation
An RFR landowner may dispose of RFR land in accordance with—
a: section 54(1)﻿(d)
b: section 355(3)
c: subpart 3
134: Disposals of land held for public works
1: An RFR landowner may dispose of RFR land in accordance with—
a: section 40(2) or (4) 41
b: section 52 105(1) 106 114(3) 117(7) 119
c: section 117(3)﻿(a)
d: section 117(3)﻿(b)
e: section 23(1) or (4) 24(4) 26
2: To avoid doubt, RFR land may be disposed of by an order of the Maori Land Court under section 134 section 41(1)﻿(e)
135: Disposals for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
136: Disposals for State housing purposes
An RFR landowner may dispose of RFR land that is held for State housing purposes if the Minister of Housing has given notice to the Limited Partnership that, in the Minister's opinion, the disposal is to achieve, or to assist in achieving, the Crown's social objectives in relation to housing or services related to housing.
137: Disposals by
Health New Zealand
1: Health New Zealand may dispose Health New Zealand's objectives
2: Section 137 heading amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 137(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 137(2) repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
138: Disposals for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
139: Disposals to tenants
The Crown may dispose of RFR land—
a: that was held for education purposes on the effective date to a person who, immediately before the disposal, is a tenant of the land or of all or part of a building on the land; or
b: under section 67
i: granted before the effective date; or
ii: granted on or after the effective date under a right of renewal contained in a lease granted before the effective date; or
c: under section 93(4)
140: Disposals of Unitec land
The RFR landowner may dispose of RFR land described in table 2 of part 4 of the attachments to the collective deed if the chief executive of Unitec has given notice to the Limited Partnership that Unitec has determined that the disposal—
a: is to further, or to assist in furthering, the provision of tertiary education, including the funding of tertiary education, on other land owned or occupied by Unitec; and
b: is not merely because the land is no longer required by Unitec.
141: Disposals of University of Auckland land
The RFR landowner may dispose of RFR land described in table 3 of part 4 of the attachments to the collective deed if the chief executive of the University of Auckland has given notice to the Limited Partnership that, in the Council of the University's opinion, the disposal will assist in giving effect to the University's policies relating to the provision of tertiary education.
142: RFR landowner’s obligations subject to other things
1: An RFR landowner’s obligations under this subpart in relation to RFR land are subject to—
a: any other enactment or rule of law; but, for a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any interest, or legal or equitable obligation,—
i: that prevents or limits an RFR landowner’s disposal of RFR land to the Limited Partnership or a rōpū entity; and
ii: that the RFR landowner cannot satisfy by taking reasonable steps; and
c: the terms of a mortgage over, or security interest in, RFR land.
2: Reasonable steps, for the purposes of subsection (1)﻿(b)﻿(ii), do not include steps to promote the passing of an enactment.
3: This subpart does not limit anything referred to in subsection (1). Notices
143: Notice of RFR land for purposes of computer register
1: If a computer register is first created for RFR land after the effective date, the RFR landowner must give the chief executive of LINZ notice that the register has been created.
2: If land for which there is a computer register becomes RFR land after the effective date, the RFR landowner must give the chief executive of LINZ notice that the land has become RFR land.
3: The notice must be given as soon as is reasonably practicable after a computer register is first created for the RFR land or after the land becomes RFR land.
4: The notice must specify the legal description of the land and identify the computer register that contains the land.
144: Notice to Limited Partnership of disposals of RFR land to others
1: An RFR landowner must give the Limited Partnership notice of the disposal of RFR land by the landowner to a person other than the Limited Partnership or a rōpū entity (or a nominee of the Limited Partnership or of the rōpū entity).
2: The notice must be given on or before the day that is 20 working days before the day of the disposal.
3: The notice must—
a: specify the legal description of the land (including any interests affecting it) and identify any computer register that contains the land; and
b: specify a street address for the land (if applicable); and
c: identify the person to whom the land is being disposed of; and
d: explain how the disposal complies with section 121
e: if the disposal is made under section 121(3)
145: Notice of land ceasing to be RFR land
1: Subsections (2) and (3) apply if land contained in a computer register is to cease being RFR land because—
a: the fee simple estate in the land is to transfer from the RFR landowner to—
i: the Limited Partnership or a rōpū entity (or the Limited Partnership's or the rōpū entity's nominee) (for example, under a contract formed under section 127
ii: any other person (including the Crown or a Crown body) under section 121(3)
b: the fee simple estate in the land is to transfer or vest from the RFR landowner to or in a person other than the Crown or a Crown body—
i: under any of sections 131 to 141
ii: under anything referred to in section 142(1)
iii: in accordance with a waiver or variation given under section 151
2: The RFR landowner must, as early as practicable before the transfer or vesting, give the chief executive of LINZ notice that the land is to cease being RFR land.
3: The notice must—
a: specify the legal description of the land and identify the computer register that contains the land; and
b: specify the details of the transfer or vesting of the land.
4: Subsections (5) and (6) apply if land contained in a computer register ceases to be RFR land because the land is land in relation to which a notice has been given under section 120
5: The RFR landowner must, as soon as practicable after receiving the notice under section 120
6: The notice must—
a: specify the legal description of the land and identify the computer register that contains the land; and
b: include a copy of the notice given under section 120
146: Notice to LINZ of transfer of certain RFR land
As soon as is reasonably practicable after the date on which land is transferred under a contract formed under section 127 section 14
147: Notice requirements
Schedule 5 section 120
a: an RFR landowner; or
b: the Limited Partnership; or
c: a rōpū entity. Memorials for RFR land
148: Recording memorials on computer registers for RFR land
1: The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal descriptions of, and identify the computer registers that contain,—
a: the RFR land for which there is a computer register on the effective date; and
b: the RFR land for which a computer register is first created after the effective date; and
c: land for which there is a computer register and that becomes RFR land after the effective date.
2: The chief executive must issue a certificate as soon as is reasonably practicable—
a: after the effective date, for RFR land for which there is a computer register on the effective date; or
b: after receiving notice under section 143
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of the certificate to the Limited Partnership as soon as is reasonably practicable after issuing the certificate.
5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record on each computer register identified in the certificate that the land described in the certificate (and contained in the computer register) is—
a: RFR land, as defined in section 118
b: subject to this subpart (which restricts disposal, including leasing, of the land).
149: Removal of memorials
1: The chief executive of LINZ must, before registration of the transfer or vesting of land described in a notice received under section 145(2)
a: specifies the legal description of the land and identifies the computer register that contains the land; and
b: specifies the details of the transfer or vesting of the land; and
c: states that it is issued under this subsection.
2: The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice under section 145(5)
a: specifies the legal description of the land, and identifies the computer register that contains the land, described in the notice; and
b: includes a copy of the notice given under section 120
c: states that it is issued under this subsection.
3: The chief executive must provide a copy of the certificate given under subsection (1) or (2) to the Limited Partnership as soon as is reasonably practicable after issuing the certificate.
4: If the Registrar-General receives a certificate issued under subsection (1), he or she must remove any memorial recorded under section 148
5: If the Registrar-General receives a certificate issued under subsection (2), he or she must remove any memorial recorded under section 148
150: Removal of memorials when RFR period ends
1: The chief executive of LINZ must, as soon as is reasonably practicable after the RFR period ends for any RFR land, issue to the Registrar-General a certificate that—
a: identifies each computer register for that RFR land that still has a memorial recorded on it under section 148
b: states that it is issued under this section.
2: The chief executive must provide a copy of each certificate to the Limited Partnership as soon as is reasonably practicable after issuing the certificate.
3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove a memorial recorded under section 148 General provisions
151: Waiver and variation
1: The Limited Partnership may, by notice to an RFR landowner, waive any of the rights the Limited Partnership has in relation to the landowner under this subpart.
2: The Limited Partnership and an RFR landowner may agree in writing or electronically to vary or waive any of the rights each has in relation to the other under this subpart.
3: A waiver or agreement under this section is on the terms, and applies for the period, specified in it.
152: Disposal of Crown bodies not affected
1: This subpart does not limit the ability of the Crown, or a Crown body, to sell or dispose of a Crown body.
2: To avoid doubt, the sale or disposition does not remove or avoid any obligation of the Crown or the Crown body under this subpart.
153: Assignment of rights and obligations under this subpart
1: Subsection (3) applies if an RFR holder—
a: assigns the RFR holder's rights and obligations under this subpart to 1 or more persons in accordance with the RFR holder's constitutional documents; and
b: has given the notices required by subsection (2).
2: Notices must be given to each RFR landowner that—
a: state that the RFR holder's rights and obligations under this subpart are being assigned under this section; and
b: specify the date of the assignment; and
c: specify the names of the assignees and, if the assignees are the trustees of a trust, the name of the trust; and
d: specify the street address, postal address, or fax number for notices to the assignees.
3: This subpart and Schedule 5 apply, with all necessary modifications, to the assignees (instead of to the RFR holder) as if the assignees were the Limited Partnership.
4: In this section, RFR holder
a: they are the Limited Partnership; or
b: they have previously been assigned those rights and obligations under this section.
2: Option to purchase former deferred selection properties
154: The Crown may transfer former deferred selection properties
1: The Crown (acting by and through the chief executive of the land holding agency) is authorised to do the following to give effect to the collective deed:
a: transfer the fee simple estate in a former deferred selection property to the Limited Partnership:
b: sign a transfer instrument or other document, or do anything else necessary, to effect the transfer.
2: As soon as is reasonably practicable after the date on which a former deferred selection property is transferred to the Limited Partnership under subsection (1), the chief executive of the land holding agency must give written notice of that date to the chief executive of LINZ for the purposes of section 14
155: Registrar-General to create computer freehold register
1: To the extent that a former deferred selection property to be transferred to the Limited Partnership under section 154
a: create a computer freehold register for the fee simple estate in the property in the name of the Crown; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; and
c: omit any statement of purpose from the computer freehold register.
2: Subsection (1) is subject to the completion of any survey necessary to create a computer freehold register.
3: The authorised person may grant a covenant to arrange for the later creation of a computer freehold register for any land that is to be transferred to the Limited Partnership under section 154
4: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register a covenant (as referred to in subsection (3)) under that Act by creating a computer interest register; and
b: the Registrar-General must register the covenant in accordance with paragraph (a).
5: In this section, authorised person
156: Application of other enactments
1: Section 11 Part 10
a: the transfer of a former deferred selection property to the Limited Partnership under section 154
b: any matter incidental to, or required for the purpose of, the transfer.
2: The transfer of a former deferred selection property to the Limited Partnership under section 154
a: limit section 10 11
b: affect other rights to subsurface minerals.
3: The transfer of a former deferred selection property to the Limited Partnership under section 154 Part 4A sections 24(2A) 24A 24AA
4: In exercising the powers conferred by section 154
5: Subsection (4) is subject to subsections (2) and (3).
6: The permission of a council under section 348 section 154
5: Transitional provisions and consequential amendments
1: Transitional provisions
157: Initial members of Maunga Authority may be elected before effective date
1: Despite section 4
a: after the commencement of this Act; and
b: before the effective date.
2: For the purposes of subsection (1), section 107
158: First meeting of Maunga Authority
1: The first meeting of the Tūpuna Maunga o Tāmaki Makaurau Authority must take place at the Auckland Town Hall not later than 4 weeks after the effective date.
2: At the meeting, the Maunga Authority must—
a: appoint the chairperson and deputy chairperson; and
b: agree a schedule of meetings for the following 12 months; and
c: adopt standing orders for the conduct of its meetings; and
d: make initial delegations for the purposes of section 113
e: adopt the interim operational plan required by section 159
159: Routine management of maunga and administered lands until first annual operational plan takes effect
1: The Maunga Authority and the Auckland Council must agree an interim operational plan to provide the framework in which the Council will carry out its functions under section 61
2: The interim operational plan—
a: must include, to the extent relevant, the same information as required for an annual operational plan under section 60(3)
b: takes effect on and from the date it is adopted by the Maunga Authority under section 158(2)﻿(e)
3: Until the interim operational plan takes effect, the Auckland Council must carry out routine management of the maunga and the administered lands at service levels that are not less than those that applied immediately prior to the effective date.
4: To avoid doubt, the Maunga Authority and the Auckland Council are not required to follow any particular process, or consult any person, for the purposes of agreeing the interim operational plan under subsection (1).
5: To avoid doubt, in this section, maunga
160: Existing management plans for maunga and administered lands to continue
1: The management plans for the maunga that applied immediately before the effective date continue to apply to the maunga and the administered lands until the integrated management plan prepared by the Maunga Authority under section 58
2: In this section,— management plans section 41 maunga
161: Carrying out of authorised cultural activities prior to integrated management plan taking effect
1: Not later than 3 months after the effective date, the Maunga Authority may prescribe interim terms and conditions to be imposed in relation to the carrying out of an authorised cultural activity on a maunga or the administered lands until the first integrated management plan prepared by the Maunga Authority under section 58
2: During that 3-month period, the trustee, a representative entity of an iwi or a hapū described in section 9(a) section 67
3: On the expiry of the 3-month period and until the first integrated management plan prepared under section 58
a: subsection (4) applies if the Maunga Authority has acted under subsection (1):
b: subsection (5) applies if the Maunga Authority has not acted under subsection (1).
4: The trustee, a representative entity, or a rōpū entity may grant approval under section 67 section 67
5: The trustee, a representative entity, or a rōpū entity may grant approval under section 67
6: The Maunga Authority must make copies of the interim terms and conditions prescribed under this section available—
a: for inspection free of charge, and for purchase at a reasonable price, at the offices of the Auckland Council; and
b: free of charge on an Internet site maintained by or on behalf of the Maunga Authority or the Council.
7: To avoid doubt, the Maunga Authority is not required to follow any particular process, or consult any person, for the purposes of prescribing terms and conditions under subsection (1).
8: To avoid doubt, in this section, authorised cultural activity section 66
9: To avoid doubt, nothing in this section authorises the carrying out of an authorised cultural activity on Maungauika or Rarotonga / Mount Smart.
162: Financial management, financial reporting, and operational accountability
1: This section applies only for the financial year in which this Act comes into force.
2: The Auckland Council is not required to report to the Maunga Authority under section 63(3) or (4)
3: The Maunga Authority is not required to prepare an annual report under clause 27
4: Despite subsection (2), the Auckland Council must nevertheless keep records of the relevant information.
2: Consequential amendments
163: Conservation Act 1987 amended
1: This section amends the Conservation Act 1987
2: In section 6P(2) subsections (4A),
3: After section 6P(4)
4A: The Board whose area of jurisdiction includes that part of Auckland and the islands of the Hauraki Gulf / Tīkapa Moana within the Ngā Mana Whenua o Tāmaki Makaurau Collective RFR area (as that area is defined in section 117(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
a: no more than 9 members appointed under subsection (2); and
b: 1 member appointed by the Minister on the recommendation of the Marutūāhu rōpū entity (as defined in section 8(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
c: 1 member appointed by the Minister on the recommendation of the Ngāti Whātua rōpū entity (as defined in section 8(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
d: 1 member appointed by the Minister on the recommendation of the Waiohua Tāmaki rōpū entity (as defined in section 8(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
4B: Subsection (3) does not apply to the appointments made by the Minister to the Board whose jurisdiction is described in subsection (4A). 2014-08-01 Conservation Act 1987
164: Hauraki Gulf Marine Park Act 2000 amended
1: This section amends the Hauraki Gulf Marine Park Act 2000
2: After section 33(2)﻿(g)
h: all land—
i: included in the Park to give effect to legislation settling historical claims of iwi and hapū under the Treaty of Waitangi (being claims relating to acts or omissions of the Crown before 21 September 1992); and
ii: described in Schedule 5
3: In Schedule 5 (as inserted by subsection (4)), insert the following item: The land described as Maungauika in Schedule 1 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
4: After Schedule 4 Schedule 5 Schedule 7 2014-08-01 Hauraki Gulf Marine Park Act 2000 OIC Gazette 2018–ln6487 2019-01-17 Hauraki Gulf Marine Park Act 2000 applies to section 164(3) only
165: Local Government Official Information and Meetings Act 1987 amended
1: This section amends the Local Government Official Information and Meetings Act 1987
2: In Part 2 Tūpuna Maunga o Tāmaki Makaurau Authority (as established by section 106 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 2014-08-01 Local Government Official Information and Meetings Act 1987
166: Ngāti Whātua o Kaipara Claims Settlement Act 2013 amended
1: This section amends the Ngāti Whātua o Kaipara Claims Settlement Act 2013
2: In section 13(3)﻿(b)﻿(xvi) claim ; and
3: After section 13(3)﻿(b)
c: every claim to the following, to the extent that the claim relates to Ngāti Whātua o Kaipara or a representative entity and subsection (2) applies to the claim:
i: the maunga as defined in section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
ii: the motu as defined in section 11(1)
iii: the Rangitoto Island properties as defined in section 8(1)
iv: Māngere Mountain as defined in section 8(1)
v: the Maungakiekie / One Tree Hill northern land as defined in section 8(1)
4: In the heading to section 14 of section 13(2), (3)﻿(a), and (3)﻿(b)
5: Before section 14(1)
1AA: In this section, historical claims
6: After section 14
14A: Settlement of section 13(3)﻿(c) historical claims
1: In this section,— collective deed section 8(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 effective date section 8(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 historical claims section 13(3)﻿(c)
2: The historical claims are settled.
3: The settlement of the historical claims is final and, on and from the effective date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
4: Subsections (1) and (2) do not limit the acknowledgements expressed in, or the provisions of, the collective deed.
5: Despite any other enactment or rule of law, on and from the effective date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the collective deed; or
c: the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014; or
d: the redress provided under the collective deed or that Act.
6: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the collective deed of settlement or the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014. 2014-08-01 Ngāti Whātua o Kaipara Claims Settlement Act 2013
167: Ngāti Whātua Ōrākei Claims Settlement Act 2012 amended
1: This section amends the Ngāti Whātua Ōrākei Claims Settlement Act 2012
2: In section 12(3)﻿(c)﻿(ii) 1992 ; and
3: After section 12(3)﻿(c)
d: every claim to the following, to the extent that the claim relates to Ngāti Whātua Ōrākei or a representative entity and subsection (2) applies to the claim:
i: the maunga as defined in section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
ii: the motu as defined in section 11(1)
iii: the Rangitoto Island properties as defined in section 8(1)
iv: Māngere Mountain as defined in section 8(1)
v: the Maungakiekie / One Tree Hill northern land as defined in section 8(1)
4: In the heading to section 13 of section 12(2) and (3)﻿(a) to (c)
5: Before section 13(1)
1AA: In this section, historical claims
6: After section 13
13A: Settlement of section 12(3)﻿(d) historical claims
1: In this section,— collective deed section 8(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 effective date section 8(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 historical claims section 12(3)﻿(d)
2: The historical claims are settled.
3: The settlement of the historical claims is final and, on and from the effective date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
4: Subsections (1) and (2) do not limit the acknowledgements expressed in, or the provisions of, the collective deed.
5: Despite any other enactment or rule of law, on and from the effective date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the collective deed; or
c: the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014; or
d: the redress provided under the collective deed or that Act.
6: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the collective deed of settlement or the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014. 2014-08-01 Ngāti Whātua Ōrākei Claims Settlement Act 2012