The Mauao Historic Reserve Vesting Bill (the Bill) provides for the transfer of the fee simple estate of the Mauao historic reserve (Mt Maunganui) from the Crown to Ngāi Te Rangi, Ngāti Ranginui and Ngāti Pūkenga (Tauranga Moana Iwi). The fee simple estate will be held on trust by the trustees of the Mauao Trust, on behalf of Tauranga Moana Iwi. The Bill also recognises the ancestral associations and historical connections of Waitaha with Mauao. This Bill gives effect to the Agreement to Introduce Vesting Legislation in Relation to Mauao, signed by the Crown and iwi in August 2007.
This Bill does not form part of any Treaty settlement but is rather intended to assist in building healthy relationships between the Crown, Tauranga Moana Iwi and Waitaha.
Mauao (Mt Maunganui) was acquired by the Crown in the 1880s and has been administered as a historic reserve since 1981.
In the late 1990s representatives of Tauranga Moana Iwi sought to have Mauao returned to them. Subsequently, Te Rūnanganui o Tauranga Moana Incorporated was mandated by Tauranga Moana Iwi to negotiate the transfer proposal with the Crown. In August 2007 an agreement was reached and signed between the Crown, Tauranga Moana Iwi, the trustees of the Mauao Trust.
The Bill provides for the fee simple estate in Mauao historic reserve to be held in trust, by the trustees of the Mauao Trust, on behalf of Ngāi Te Rangi, Ngāti Ranginui and Ngāti Pūkenga.
The Bill also provides that the Mauao Trust must not dispose of, transfer or charge Mauao.
The Bill provides that Mauao will remain an historic reserve under the Reserves Act 1977. The Bill also provides that for legal purposes the Crown continues to bear the rights and obligations in respect of the reserve as if the fee simple estate in the reserve were still vested in the Crown.
Under the Bill, the Minister of Conservation also retains his/her powers and obligations as if the reserve were vested in the Crown. However, the Bill prevents the Minister from exercising his/her power, under section 26 of the Reserves Act 1977, to vest the reserve in other persons. Additionally, the Bill provides that Tauranga City Council maintain its current position as administrating body of the reserve.
Existing encumbrances and statutory rights remain unaffected by the Bill. Additionally, the Billpreserves the rights and obligations in respect of the reserve of any person who is not party to the vesting agreement.
The Bill will give effect to the Agreement to Introduce Vesting Legislation in Relation to Mauao, signed by the Crown and iwi on 11 August 2007, to transfer the fee simple estate of the Mauao historic reserve to Tauranga Moana Iwi.
Mauao will retain its historic reserve status. The Reserves Act 1977 does not provide for the transfer of reserves in this way. Enabling legislation is therefore necessary.
The Government has agreed to transfer the fee simple estate in the interest of building healthy relationships between Ngāi Te Rangi, Ngāti Ranginui, Ngāti Pūkenga, Waitaha and the Crown, outside the Treaty settlement process.
The transfer is not part of a Treaty settlement, nor will it affect Treaty settlement negotiations.
The Bill protects public and third-party access rights to the Mauao historic reserve.
The transfer includes the three parcels of land comprising the Mauao historic reserve. The adjacent recreation reserve, comprising the camping ground and hot pool complex, is not included in the transfer.
The Bill does not affect the current management arrangements. The Bill provides for the land to remain an historic reserve under section 18 of the Reserves Act 1977, and the Tauranga City Council to be re-appointed to control and manage the reserve under section 28 of the Reserves Act.
The Council has a Mauao Project Steering Group with representation from Ngāi Te Rangi, Ngāti Ranginui, Ngāti Pūkenga and Waitaha. This committee is not affected by the Bill.
Iwi have been consulted on the proposal, the Agreement and the resulting Bill, through Te Rūnanganui o Tauranga Moana Incorporated, the mandated body representing Tauranga Moana Iwi; and directly with groups of iwi representatives. Waitaha has also been consulted and agreed to the statement of recognition.
The Rūnanganui requested an exchange provision in the Bill, specifically in relation to a camping ground encroachment onto the historic reserve that was identified during a site inspection. If this provision was used, the camping ground could stay where it is and a similar area of the recreation reserve could be incorporated into the historic reserve. An exchange would only possible with the written consent of the trustees.
Waitaha are a Te Arawa group with ties to Mauao. The Bill reflects that Waitaha has ancestral associations and historical connections with Mauao which are recognised by Tauranga Moana Iwi and the Crown. Waitaha will not hold the fee simple estate nor will Waitaha be represented on the Mauao Trust.
Last modified: 6/12/2007