New Zealand Acts

WHAKATŌHEA CLAIMS SETTLEMENT ACT 2024 - SECT 74

74 Tirohanga Dunes site 2

1 This section applies only if the unconditional agreement for sale and purchase referred to in section 55(1) exists on the settlement date.

2 Sections 1, 2, 3, 4, 5, 6, 8, and 12 SO 577243 cease to be a conservation area under the Conservation Act 1987 .

3 Section 11 SO 577243 vests in the Crown as Crown land subject to the Land Act 1948 .

4 The fee simple estate in Sections 8 and 12 SO 577243 vests in the registered owners of the land in record of title 58271.

5 As soon as practicable after an order is produced for a record of title, the Registrar-General must create a single record of title for the fee simple estate in the following in the name of the registered owners of the land in record of title 58271:

a) Sections 8 and 12 SO 577243; and

b) the balance of the land in record of title 58271 (after the vestings of Sections 10 and 11 SO 577243 by section 55(4) and subsection (3)).

6 The fee simple estate in Tirohanga Dunes site 2 vests in the trustees.

7 Tirohanga Dunes site 2 is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a) of the Reserves Act 1977 .

8 The reserve is named Te Whenua o Te Whakatōhea—Tirohanga Dunes Scenic Reserve.

9 The joint management body established by section 104 is the administering body of the reserve, and the Reserves Act 1977 applies to the reserve, as if the reserve were vested in the body (as if the body were trustees) under section 26 of that Act.

10 Subsection (9) continues to apply despite any subsequent transfer under section 100 .

11 Sections 91(1), 92(1)(c), and 93(1) and (4) apply to Sections 8 and 12 SO 577243 as if the land were a cultural redress property (and, for section 91(1), were vested in the trustees under this subpart).

12 Subsections (2) to (11) do not take effect until the trustees have—

a) provided the registered owners of the land in record of title 58271 with a registrable right of way easement on the terms and conditions set out in part 9.3 of the documents schedule; and

b) provided a registrable right of way easement in favour of Tirohanga Dunes site 1 on the terms and conditions set out in part 9.4 of the documents schedule.

13 Despite the provisions of the Reserves Act 1977 , the easements—

a) are enforceable in accordance with their terms; and

b) are to be treated as having been granted in accordance with the Reserves Act 1977 .

14 In this section,
"Tirohanga Dunes site 2" means the land of that name described in Part 1 of Schedule 2 .