New Zealand Acts

WHAKATŌHEA CLAIMS SETTLEMENT ACT 2024 - SECT 107

107 Application of Reserves Act 1977 to joint management body

1 Sections 32 to 34 of the Reserves Act 1977 apply to the joint management body as if it were a board.

2 The following provisions apply despite the specified requirements of the Reserves Act 1977 :

a) the first meeting of the joint management body must be held no later than 6 months after the settlement date (despite section 32(1) of that Act):

b) a chairperson must be appointed, and a deputy chairperson may be appointed, for the joint management body as follows (despite section 32(5) of that Act):

i) the trustees must appoint a member as chairperson:

ii) Ōpōtiki District Council may appoint a member as deputy chairperson:

iii) an appointment takes effect at the start of the body’s term (or, for the initial chairperson and deputy chairperson and any replacement appointment, on the date stated in the notice of appointment):

iv) an appointment ends at the end of the body’s term or when the person’s membership ends:

v) the person must be appointed by the appointer giving written notice of the appointment to the other appointer:

vi) an appointer may replace the chairperson or deputy chairperson appointed by that appointer at any time during the body’s term:

c) if the chairperson is not present at a meeting and there is a deputy chairperson, the deputy chairperson must preside at the meeting (despite section 32(6) of that Act):

d) the chairperson has a deliberative vote but not a casting vote (despite section 32(7) of that Act):

e) the quorum consists of 4 members but each member may appoint a person to replace them at a meeting, or in voting, if the member is not available (despite section 32(9) of that Act):

f) despite section 41(1) of that Act,—

i) the reserve management plan that is in effect immediately before the settlement date continues to apply to the Te Ngaio property and Hukuwai Recreation Reserve; and

ii) when Ōpōtiki District Council is reviewing that plan, a separate part of the plan that applies to the Te Ngaio property and Hukuwai Recreation Reserve must be—

A) prepared under that section by the joint management body; and

B) approved under that section by the Minister or, if the Minister’s power of approval is delegated to the Council, by the joint management body (see section 104(3) ):

g) Part 4 of the Reserves Act 1977 , which relates to financial provisions, applies to the joint management body as if it were a local authority:

h) Ōpōtiki District Council must, to the extent that it is reasonably practicable to distinguish the revenue from the reserve or reserves from any other revenue received by the Council,—

i) hold the revenue received by the joint management body as the administering body of the reserve or reserves; and

ii) account for that revenue separately from the Council’s other revenue; and

iii) use that revenue, under the direction of the joint management body, but only in relation to the reserve or reserves.