Lake Waikaremoana Act 1971

1: Short Title
This Act may be cited as the Lake Waikaremoana Act 1971.
2: Interpretation
In this Act unless the context otherwise requires,— Lake Waikaremoana the lake the lease Schedule trustees Tūhoe Charitable Trust section 88 Tūhoe Claims Settlement Act 2014 Section 2 trustees inserted 28 July 2014 section 109 Tūhoe Claims Settlement Act 2014 Section 2 Tūhoe Charitable Trust inserted 28 July 2014 section 109 Tūhoe Claims Settlement Act 2014
3: Validation of the lease
1: The lease is hereby declared to be a valid and effectual lease of Lake Waikaremoana and to have effect according to its tenor as if it had been granted in due form by the Maori Trustee pursuant to a duly confirmed resolution of a meeting of assembled owners under Part 23 of the Maori Affairs Act 1953.
2: Any extension of the term of the lease and any variation, negation of, or addition to the covenants, conditions, and restrictions contained or implied in the lease shall be effected in the manner provided by section 116
4: Registration of lease
The District Land Registrar for the Land Registration District of Gisborne is hereby authorised and directed upon the application of the Commissioner of Crown Lands at Gisborne to register the lease under the Land Transfer Act 1952
5: Change of name of Tuhoe Maori Trust Board
1: The body corporate constituted by section 9A section 9
2: Amendment(s) incorporated in the Act(s)
3: The provisions of section 40
6: Change of name of Wairoa Maori Trust Board
1: The body corporate continued in existence by section 11
2: Amendment(s) incorporated in the Act(s)
3: The provisions of section 40
7: Original lists for Kahungunu and Tuhoe
1: In this section the word lists
2: The lists numbered 1, 2, 3, 4, 8, 10, 16, 20, 23, 30, 32, 34, 39, and 40 are declared to be Ngati Kahungunu lists.
3: The lists numbered 5, 13, 14, 18, 25, 27, 29, and 38 are declared to be Tuhoe lists.
8: Preliminary lists showing tribal affiliations of owners
1: As soon as practicable after the commencement of this Act there shall be made available for public inspection at the offices of the Maori and Island Affairs Department at Gisborne, Rotorua, Wairoa, and Whakatane and at the Post Offices at Tuai and Ruatahuna a list of owners of Lake Waikaremoana as disclosed by the records of the Maori Land Court.
2: The list shall be divided into 2 portions, one comprising the names of those owners whose interests were derived from persons named in the Ngati Kahungunu lists declared by subsection (2) of section 7
3: Each copy of the list shall show the date on which it first became available for public inspection.
9: Final lists showing tribal affiliations of owners
1: Any person named in the list referred to in subsection (1) of section 8
2: Any person who becomes an owner of Lake Waikaremoana by means of a vesting order of the Maori Land Court made under Part 12 of the Maori Affairs Act 1953 in succession to a deceased person named in the list referred to in subsection (1) of section 8
3: Upon the expiry of 6 months after the date on which the list referred to in subsection (1) of section 8
4: A duly certified copy of the list shall be forwarded to both the Wairoa-Waikaremoana Maori Trust Board and the Tuhoe-Waikaremoana Maori Trust Board.
10: Additional beneficiaries of Wairoa-Waikaremoana Maori Trust Board
1: The persons whose names are comprised in the Ngati Kahungunu portion of the list compiled pursuant to subsection (3) of section 9
2: Section 10(2) repealed 20 October 1972 section 15(2) Maori Purposes Act 1972
11: Additional beneficiaries of Tuhoe-Waikaremoana Maori Trust Board
1: The persons whose names are comprised in the Tuhoe portion of the list compiled pursuant to subsection (3) of section 9
2: Amendment(s) incorporated in the Act(s)
12: Representation of new beneficiaries by members of Trust Boards
Pending provision by regulations under the Maori Trust Boards Act 1955
13: Vesting in Maori Trust Boards of Lake Waikaremoana
1: Upon completing the compilation of the final list of owners of Lake Waikaremoana pursuant to subsection (3) of section 9
2: The Registrar shall thereupon make an order vesting Lake Waikaremoana in the Wairoa-Waikaremoana Maori Trust Board and in the Tuhoe-Waikaremoana Maori Trust Board for an estate of freehold in fee simple (but subject to the lease to the Crown validated by section 3
3: The order made pursuant to subsection (2) shall have effect as if it were an order of the Maori Land Court, and the District Land Registrar is hereby authorised and directed upon the application of the Registrar of the Maori Land Court to register it accordingly under the Land Transfer Act 1952
14: Rent and other money payable
1: The rent payable under the lease and any other money that becomes payable in respect of Lake Waikaremoana must be paid, in accordance with their respective shares in the lake, to—
a: the Tūhoe Charitable Trust Board, to be held subject to the trusts, covenants, and conditions applying to the assets and liabilities of the Tūhoe Charitable Trust; and
b: the Wairoa-Waikaremoana Maori Trust Board.
2: The rent and other money referred to in subsection (1) constitute assets,—
a: in the case of the money paid under subsection (1)(a), of the Tūhoe Charitable Trust Board; and
b: in the case of the money paid under subsection (1)(b), of the Wairoa-Waikaremoana Maori Trust Board, for the purposes of section 24
3: Any necessary expenses incurred in negotiating the lease and carrying out the requirements of this Act may be met from the rent payable under the lease before it is paid to the Tūhoe Charitable Trust Board as trustee of the Tūhoe Charitable Trust and the Wairoa-Waikaremoana Maori Trust Board respectively. Section 14 replaced 28 July 2014 section 109 Tūhoe Claims Settlement Act 2014