Reserves and Other Lands Disposal Act 2015

1: Title
This Act is the Reserves and Other Lands Disposal Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Act binds the Crown
This Act binds the Crown.
4: Entries in registers
The Registrar-General of Land is authorised and directed to make entries in the appropriate registers and to do any other things necessary to give effect to this Act.
2: Land dealings
Auckland Art Gallery development
5: Interpretation
1: In sections 6 7 8 Albert Park
2: In section 8 Auckland Art Gallery land excluded land
6: Background
1: The Auckland Art Gallery is sited on land vested in Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland). Regional Facilities Auckland is a council-controlled organisation of the Auckland Council.
2: The Auckland Art Gallery is also sited over part of the reserve known as Albert Park. Albert Park is vested in fee simple in the Auckland Council (as the current local authority for Auckland) under the Auckland Improvement Trust Act 1971
3: For ease of administration, Auckland Council wishes to amalgamate into one land title the land on which the Auckland Art Gallery is sited. However, the Auckland Improvement Trust Act 1971
7: Auckland Improvement Trust Act 1971 amended
The first paragraph in Schedule 1 but excluding any land described in this paragraph or the eleventh paragraph that is included as sections 2 and 3 on SO Plan 374931 described in this schedule) 2015-09-23 Auckland Improvement Trust Act 1971
8: Amalgamation of excluded land with Auckland Art Gallery land
1: The excluded land is vested in Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland) to be held in trust for the purposes of encouraging, fostering, and promoting the practice and appreciation of, and public interest in, the arts and culture.
2: The excluded land is then amalgamated with the Auckland Art Gallery land.
3: The Registrar-General of Land must—
a: create a single computer register for the amalgamated land in the name of Regional Facilities Auckland Limited; and
b: record on the register that the land is held in trust for the purposes of encouraging, fostering, and promoting the practice and appreciation of, and public interest in, the arts and culture.
4: For the avoidance of doubt, as from the commencement of this Act, the excluded land—
a: is no longer part of Albert Park; and
b: is no longer reserve or part of a reserve under the Reserves Act 1977 Dunedin Octagon land
9: Interpretation
In section 10 Octagon land section 2(5)
10: Background
1: Section 2
a: the Reserves and Domains Act 1953; and
b: the condition that no buildings or erections other than those existing on the land as at 24 October 1957 be placed on the land (that date being the commencement date of the Reserves and Other Lands Disposal Act 1957
2: Dunedin City Council wishes to remove the restriction on the erection of structures on the Octagon land.
11: Proviso to section 2(2) of Reserves and Other Lands Disposal Act 1957 repealed
The proviso to section 2(2) 2015-09-23 Reserves and Other Lands Disposal Act 1957 Kahurangi National Park land
12: Interpretation
In sections 13 14 Kahurangi land
a: comprising 2.5581 hectares being sections 2, 3, 4, 9, 11, 15, 25, 31, 33, 34, and 36 SO Plan 317559; and
b: comprising 1 517 square metres being sections 10 and 11 SO Plan 357450.
13: Background
1: The Kahurangi land was declared to be part of the Kahurangi National Park by the Kahurangi National Park Order 1996 ( Gazette
2: However, the Kahurangi land is now used as part of State Highway 6.
14: Kahurangi land declared road
1: The Kahurangi land is excluded from Kahurangi National Park.
2: The Kahurangi land is declared to be road.
3: The declaration under subsection (2) must be treated as if it had been made under section 114 Mahinepua Bay reserve land
15: Interpretation
In sections 16 17 Mahinepua Bay reserve land trustees
16: Background
1: The Mahinepua Bay reserve land forms part of the bed of Mahinepua Bay. The land, formed by accretion, is a narrow spit just above mean high water mark.
2: In 1995, the Mahinepua Bay reserve land was declared a local purpose (esplanade) reserve under the Reserves Act 1977 Gazette Gazette
3: The local community (including local Members of Parliament, local authorities, iwi, local hapū, community representatives, and the trustees) wish the Mahinepua Bay land to be a Māori reservation for esplanade purposes for the common use and benefit of the people of New Zealand.
17: Mahinepua Bay reserve land set apart as Māori reservation
1: The reservation of the Mahinepua Bay reserve land as a local purpose (esplanade) reserve subject to the Reserves Act 1977
2: The Mahinepua Bay reserve land is then set apart as a Māori reservation (esplanade purposes).
3: The Mahinepua Bay reserve land then vests in the trustees in trust to hold and administer the land for the common use and benefit of the people of New Zealand.
4: For the avoidance of doubt, the vesting of the Mahinepua Bay reserve land under subsection (3) Part 4A
5: The setting apart of the Mahinepua Bay reserve land as a Māori reservation under subsection (2) Part 17
6: Sections 24 25 subsection (1) Health New Zealand Heading replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
18: Interpretation
In sections 19 to 23 Braemar Hospital Site A Braemar Hospital Site B Braemar Hospital Site C French Pass District Nursing Property
a: contained in computer freehold register NL1A/1326; and
b: formerly contained in certificate of title 106/99 (Nelson Registry); and
c: held in trust for hospital purposes pursuant to the Reserves and Domains Act 1953.
19: Background
1: Health New Zealand
2: In order to better use these properties to provide health and disability support services to its community, and to regularise the uses to which the properties are put, Health New Zealand
a: used for hospital purposes; or
b: held in trust for hospital or any other purposes; or
c: held in trust without a power of sale; or
d: an endowment; or
e: subject to the Reserves Act 1977 Section 19(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 19(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
20: French Pass District Nursing Property freed of trust and reservation
1: The trust for hospital purposes affecting the French Pass District Nursing Property is cancelled.
2: The reservation of the French Pass District Nursing Property as reserve under the Reserves and Domains Act 1953 is revoked.
3: The revocation of status under subsection (2)
a: it occurred under section 24
b: the requirements of that section were satisfied; and
c: section 25
21: Braemar Hospital Site A freed of endowment and reservation
1: The endowment affecting the Braemar Hospital Site A is cancelled.
2: The reservation of the Braemar Hospital Site A as reserve under the Reserves Act 1977
3: The revocation of status under subsection (2)
a: it occurred under section 24
b: the requirements of that section were satisfied; and
c: section 25
22: Braemar Hospital Site B freed of trust and reservation
1: The trust without power of sale affecting the Braemar Hospital Site B is cancelled.
2: The reservation of the Braemar Hospital Site B as reserve for the purpose of a hospital under the Reserves Act 1977
3: The revocation of status under subsection (2)
a: it occurred under section 24
b: the requirements of that section were satisfied; and
c: section 25
23: Braemar Hospital Site C freed of trust and reservation
1: The trust affecting the Braemar Hospital Site C is cancelled.
2: The reservation of the Braemar Hospital Site C as reserve for hospital purposes under the Reserves Act 1977
3: The revocation of status under subsection (2)
a: it occurred under section 24
b: the requirements of that section were satisfied; and
c: section 25 Paparoa National Park land
24: Interpretation
In sections 25 26 Paparoa land
25: Background
1: The Paparoa land was declared to be part of the Paparoa National Park by the Paparoa National Park Order 1987 ( Gazette
2: However, the Paparoa land is now used as part of State Highway 6.
26: Paparoa land declared road
1: The Paparoa land is excluded from Paparoa National Park.
2: The Paparoa land is declared to be road.
3: The declaration under subsection (2) must be treated as if it had been made under section 114 Port Chalmers Recreation Reserve
27: Interpretation
In sections 28 to 30 Bowling Club lease section 28(2) Reserve
28: Background
1: Under section 45 Schedule 10
2: Despite this prohibition, a lease, dated 15 August 2001, was granted to the Port Chalmers Bowling Club Incorporated over part of the Reserve.
3: Currently, the Reserve is—
a: vested in the Dunedin City Council as a recreation reserve under the Reserves Act 1977
b: subject to (amongst other things)—
i: that Act; and
ii: the restriction on its sale or lease under section 45
4: The Dunedin City Council wishes to repeal section 45 Reserves Act 1977
a: regularise the Bowling Club lease; and
b: lawfully enter into new leasing arrangements for the Reserve.
29: Section 45 of Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901 repealed
Section 45 2015-09-23 Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901
30: Validation of Bowling Club lease
The Bowling Club lease is valid and has always been valid. Taieri Airport land
31: Background
1: Amongst other things, section 9
2: The Dunedin City Council now wishes to transfer to a community trust some of the land that is still required for the purposes of an aerodrome.
32: Reserves and Other Lands Disposal Act 1973 amended
Section 9
2A: Despite subsection (2), the Dunedin City Corporation (now the Dunedin City Council) may transfer the 38.2691 hectares of land described in computer freehold register OT2C/1307 (being Lot 1 on Deposited Plan 11036) to the community trust known as the Taieri Airport Trust. However, if the Taieri Airport Trust sells the land, it must pay half the net proceeds of the sale into a Crown Bank Account.
2B: In subsection (2A) net proceeds
2C: The Dunedin City Council must obtain the written consent of the Minister of Transport before acting under subsection (2A) 2015-09-23 Reserves and Other Lands Disposal Act 1973 Waikumete cemetery land
33: Interpretation
In sections 34 35 Waikumete cemetery land
a: Lots 1 to 5, 7 to 23, 25, 26, and 29 DP 167393 (residential sections); and
b: Lots 55, 59, and 60 DP 167393 (road or accessway); and
c: Lots 1 and 2 DP 173686 (residential sections); and
d: Lots 30 to 40 and 42 to 54 DP 175401 (residential sections); and
e: Lots 1 and 2 DP 181743 (residential sections); and
f: Lots 1 to 3 DP 182710 (residential sections); and
g: Lots 1 to 3 DP 185409 (residential sections).
34: Background
1: The Waikumete cemetery land is a part of Waikumete Cemetery.
2: Waikumete Cemetery is Crown land classified as a local purpose (site for cemetery) reserve under the Reserves Act 1977
3: In 1995, the Waitakere City Council, without lawful authority, disposed of the Waikumete cemetery land to a local authority trading enterprise.
4: The local authority trading enterprise in turn subdivided the Waikumete cemetery land and sold it to private owners as fee simple titles. Most of the land is now developed with residential buildings erected on it.
5: However, because the titles to the Waikumete cemetery land were created by an invalid process, and contrary to section 112
35: Reserve status of Waikumete cemetery land revoked
1: The reservation of the Waikumete cemetery land as a reserve for local purpose (site for cemetery) is revoked.
2: The revocation of status under subsection (1)
a: it occurred under section 24
b: the requirements of that section were satisfied; and
c: section 25
3: The dealings referred to in section 34(4) section 112 Waipa District Council land
36: Interpretation
In sections 37 38 trust land
37: Background
1: On 9 June 1942, Te Awamutu Borough Council, Otorohanga County Council, Hamilton Borough Council, Raglan County Council, and Waipa County Council entered into an agreement to purchase the Government interest in the trust land, with Te Awamutu Borough Council holding the land in trust for itself and the other councils for afforestation and water conservation purposes and as a scenic reserve. This agreement was validated by section 10 Gazette
2: On 15 July 1960, Raglan County Council withdrew from the agreement and a supplementary agreement was signed by the remaining parties to reflect this change. This agreement was also validated in legislation, by section 14
3: Changes to local government organisation in 1970 and 1989 and arrangements between the councils again altered the parties to the original agreement so that, by 2003, the legal and beneficial interest in the trust land resided solely with the Waipa District Council. In addition, the purpose of the reserve had changed from afforestation, water conservation, and scenic purposes to a reserve for afforestation and water conservation purposes ( Gazette
4: Waipa District Council now wishes to have the trusts cancelled and the reference to them on the computer register in respect of the trust land removed.
38: Trust land freed of trusts
1: The trusts affecting the trust land are removed.
2: Despite subsection (1) Reserves Act 1977 Westland National Park land
39: Interpretation
In sections 40 41 Westland land
a: 573 square metres shown as area D on SO Plan 11246; and
b: 1 145 square metres being section 4 SO Plan 349493.
40: Background
1: The Westland land is part of the Westland National Park declared by section 6(1)﻿(i)
2: However, the Westland land is now used as part of State Highway 6.
41: Westland land declared road
1: The Westland land is excluded from Westland National Park.
2: The Westland land is declared to be road.
3: The declaration under subsection (2) section 114 Winton Racecourse
42: Background
1: The Winton Racecourse Reserve Management Ordinance 1873
a: appoints, for life, 3 trustees for the Winton Racecourse; and
b: provides for their replacement by (through devolution of responsibility) the Minister of Conservation.
2: So as to enable wider community and independent input into the racecourse, the Department of Conservation wishes to enable the Minister of Conservation to appoint up to 5 trustees at any one time for the racecourse, and to limit each appointment to a 3-year period.
43: Winton Racecourse Reserve Management Ordinance 1873 amended
Section 3
3: Power to appoint and remove trustees
1: The Minister of Conservation must appoint, by notice in the Gazette
2: A trustee—
a: must be appointed for a term not exceeding 3 years; and
b: may be reappointed any number of times; and
c: may be removed from office by the Minister, by written notice, for inability to perform the functions of office, legal incapacity, neglect of duty, or misconduct, proved to the satisfaction of the Minister; and
d: may at any time resign office by written notice to the Minister; and
e: remains in office, despite the expiry of his or her term of office, until a successor is appointed (unless he or she resigns or is removed from office). 2015-09-23 Winton Racecourse Reserve Management Ordinance 1873
44: Transitional provision
1: This section applies to a person who is a trustee of the Winton Racecourse immediately before the commencement of this Act.
2: As from the commencement of this Act, the person must be treated as if he or she were appointed as a trustee under section 3 section 43