New Zealand Acts

WHAKATŌHEA CLAIMS SETTLEMENT ACT 2024 - SECT 95

95 Application of other enactments to reserve properties

1 The trustees are the administering body of a reserve property, except as provided for in sections 70, 71, 73, 74 (or 75), and 82 .

2 Sections 78(1)(a), 79 to 81, and 88 of the Reserves Act 1977 do not apply in relation to a reserve property.

3 If the reservation of a reserve property under this subpart is revoked under section 24 of the Reserves Act 1977 for all or part of the property, section 25(2) of that Act applies to the revocation, but not the rest of section 25 of that Act.

4 A reserve property is not a Crown protected area under the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 , despite anything in that Act.

5 A reserve property must not have a name assigned to it or have its name changed under section 16(10) of the Reserves Act 1977 without the written consent of the owners of the property, and section 16(10A) of that Act does not apply to the proposed name.

6 Subsection (2) does not apply to—

a) the Te Papa Tākaro o Ōhui property, the Te Papa Tākaro o Whitikau property, or Whenua Maumahara o Hukutaia while Ōpōtiki District Council is the administering body of the reserve property:

b) the Te Ngaio property or Tirohanga Dunes site 2.

7 Despite section 41(1) of the Reserves Act 1977 , for whichever of the Te Papa Tākaro o Ōhui property, the Te Papa Tākaro o Whitikau property, and Whenua Maumahara o Hukutaia that Ōpōtiki District Council remains the administering body for,—

a) the reserve management plan that is in effect immediately before the settlement date continues to apply to the properties; and

b) when the Council is reviewing that plan, a separate part of the plan that applies to the properties must be—

i) prepared under that section by the Council and the trustees; and

ii) approved under that section by the Minister or, if the Minister’s power of approval is delegated to the Council, by the Council and the trustees.

8 When the administering body of the Kōtare property, Matekerepu, or the Pātaua Island property prepares or reviews a management plan for the property under section 41 of the Reserves Act 1977 , it must—

a) seek and have regard to the views of the trustees of Tūhoe Te Uru Taumatua (as defined in section 12 of the Tūhoe Claims Settlement Act 2014 ) or of their nominee; and

b) if section 41(6)(e) of the Reserves Act 1977 applies (because the management plan requires the approval of the Minister), also attach to the plan submitted for approval a summary of how the administering body has sought and had regard to the views of the trustees of Tūhoe Te Uru Taumatua or of their nominee.