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Orakei Bill-43-1

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Orakei Bill-43-1 ORAKEI BILL EXPLANATORY NOTE THIS Bill- (a) Provides for the recognition of rights secured to the Ngati Whatua of Orakei in relation to the Orakei Block by the Treaty of Waitangi: (b) Gives effect to parts of an agreement reached by the Crown and the Ngati Whatua of Orakei, to implement with modifications certain recommendations made by the Waitangi Tribunal in November 1987 in the Report of The Waitangi Tribunal on the Orakei Claim (Wai -9): (c) Repeals the Orakei Block (Vesting and Use) Act 1978, which implemented an earlier agreement reached by the Crown and representatives of the Orakei hapu of Ngati Whatua: (d) Provides for the continuance of the Ngati Whatua of Orakei Maori Trust Board under the name of the Ngati Whatua o Orakei Maori Trust Board: (e) Provides for the revesting of further portions of the Orakei Block in the Ngati Whatua o Orakei Maori Trust Board, and for the extension of the Trust Board's functions and powers: (f) Sets aside other land as reserves, to be jointly administered by the Auckland City Council and the Trust Board: (g) Protects land vested in the Trust Board by this Act by imposing certain restrictions on the disposal of that land: (h) Grants exemptions to the Trust Board in relation to rates, reserves contributions, land tax, and other charges: (i) Does not re-enact the provision of the Orakei Block (Vesting and Use) Act 1978 which requires the Trust Board to pay to the Crown, by way of equalisation, the sum of $200,000. Clawe 1 relates to the Short Title and commencement of the Bill, which is to come into force on the day on which it receives the Royal assent. Clause 2 defines terms used in the Bill. The more important definitions relate to the land vested in the Trust Board by the Bill. "Hapu land" comprises- (a) The papakainga, being- (i) The development land; and (ii) The hapu reservation; and No. 43-1 Price incl. GST $2.20 11 (iii) Certain land stopped as a road and vested in the Trust Board; and (b) The whenua rangatira, or reserves land. Clause 3 provides that the Act shall bind the Crown. PART I VESTING AND STATUS OF HAPU LAND Clause 4 vests the hapu land in the Trust Board. This land is described in the First and Third Schedules to the Bill Clatae 5 declares the hapu land to be Maori freehold land within the meaning of the Maori Affairs Act 1953. Clause 6 relates to the hapu reservation, which is described in Part n of the First Schedule to the Bill. The hapu reservation is vested in the Trust Board for the common use and benefit of the beneficiaries of the Board for the purposes of a marae, church, and urupa, and related hapu amenities. The hapu reservation is to be inalienable whether to the Crown or to any other person. Clause 7 relates to roads. All roads currently within the hapu land or formed within the hapu land as the result of any future subdivision and development are to vest in the Auckland City Council. Any road or access way adjoining the hapu land which is closed and stopped by the Auckland City Council is to vest in the Trust Board. Clause 8 relates to the whenua rangatira. The whenua rangatira is deemed to have been set apart as a Maori reservation under section 439 of the Maori Affairs Act 1953 and is to be administered by the Reserves Board. PART II NGATI WHATUA O ORAKEI MAORI TRUST BOARD Clause 9 provides for the continuance of the Trust Board, which was established by the Orakei Block (Vesting and Use) Act 1978. The Board's new name is to be the Ngati Whatua o Orakei Maori Trust Board. Subject to the provisions of the Bill, the Trust Board is to continue to be regulated by the Maori Trust Boards Act 1955. Clause 10 declares that the beneficiaries of the Trust Board are the living members of the hapu, being the descendants of their common ancestor Tuperiri. Clause 11 provides for the maintenance of a roll of beneficiaries by the Trust Board. Clause 12 sets out the presumpt.ion that any person whose name appears on the roll of beneficiaries is a beneficiary of the Trust Board. Clause 13 sets out the procedure to be followed by any person wishing to have his or her name included in the roll of beneficiaries. Application is made in the first instance to the Trust Board. Where an application is rejected by the Trust Board, the applicant may apply to the Maori Land Court. Clause 14 sets out the duties and powers of the Trust Board. Broadly, these are to manage the land and any other assets vested in the Board in the best interests of the beneficiaries. Clause 15 prohibits the alienation of any part of the hapu land by the Trust Board, other than in accordance with clauses 16 and 17. 111 Clause 16: Subdause (1) empowers the Trust Board to grant to the Auckland City Council easements over any part of the hapu land. Subdaute (2) empowers the Trust Board to grant to any local authority easements over any other land vested in the Trust Board. Clause 17 empowers the Trust Board to lease up to one.fifth of the development land at any one time. Clause 18 provides for the naming of the whenua rangatira by the Trust Board. Clause 19: Subclause (1) confers on the Trust Board the sole authority to negotiate with the Crown or any other body on behalf of the hapu, in any future negotiations relating to the customary rights and usages of the hapu. Subclause (2) provides that the Bill constitutes a full and final settlement of any claim which the hapu may have against the Crown in relation to the Orakei Block. PART III NGATI WHATUA O ORAKEI RESERVES BOARD Clause 20 establishes a board to be known as the Ngati Whatua o Orakei Reserves Board. Clause 21 sets out the duties and powers of the Reserves Board, which are broadly to administer the whenua rangatira as a Maori reservation pursuant to section 439 of the Maori Affairs Act 1953, and as a recreation reserve under the Reserves Act 1977. Clause 22 requires the Reserves Board to prepare and maintain a management plan in relation to the whenua rangatira. Clause 23 empowers the Reserves Board to grant leases or licences over any part or parts ot the whenua rangatira to enable any of the beneficiaries to carry on any farming activity, or to conduct any tribal, community, or cultural activities. Clause 24 provides that the costs of managing the whenua rangatira are to be borne by the Auckland City Council. Clause 25 provides for the membership of the Reserves Board. The Board is to comprise 6 members or such greater even number of persons as may be fixed by agreement in writing between the Auckland City Council and the Trust Board. One half of the number of members is to be appointed by the Trust Board and one half of such number is to be appointed by the Auckland City Council. Members are to be appointed for a term of 3 years, and may from time to time be reappointed. Clause 26 sets out the procedure to be followed in relation to the filling of extraordinary vacancies in the membership of the Reserves Board. Subdause (1) provides that the body by which any member of the Reserves Board is appointed may at any time in its discretion, by notice in writing to that member, remove that member from office. Clause 27 provides for the appointment of a presiding member of the Reserves Board by the Trust Board, and for the appointment of a deputy presiding member by the Auckland City Council. Clause 28 sets out the procedure to be followed at any meeting held by the Reserves Board. The first meeting of the Board must be held within 6 months 1V from the date of commencement of the Bill, and at intervals of not more than 6 months thereafter. Clawe 29 provides for the payment by the Crown to any member of the Reserves Board appointed by the Trust Board, of fees and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951. Clause 30 provides for the keeping of the accounts of the Reserves Board. Those accounts are to be audited annually by a chartered accountant. Subdause (1) provides for an estimate of projected income and expenditure in relation to the whenua rangatira to be forwarded annually to the Auckland City Council. Subdause (4) provides for the delivery to the Trust Board and the Auckland City Council of a copy of the audited accounts of the Reserves Board. Clause 31 provides that the Reserves Board is established for charitable purposes. PART IV MISCELLANEOUS PROVISIONS Clause 32 relates to the zoning of the hapu land. Subdause (1) provides for the development and use of the development land for housing purposes. Subdause (2) declares that, until such time as the zoning of the hapu land is lawfully changed, that zoning is to remain the same as it was immediately before the commencement of the Bill. Clawe 33 provides for the subdivision and development of all or any part of the development land for housing purposes. Clause 34 exempts the whenua rangatira and the hapu reservation from the payment of rates and any other taxes or charges from time to time imposed by the Auckland City Council.
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