This section applies to Tōtaranui (being part of the Abel Tasman National Park) transferred to the trustees under section 103.

Immediately before the transfer of Tōtaranui to the trustees, the property ceases to be a national park and part of the Abel Tasman National Park under the National Parks Act 1980.

Immediately after the transfer, Tōtaranui is declared a reserve and classified as a recreation reserve for the purposes of section 17 of the Reserves Act 1977, and is subject to—

The Abel Tasman National Park management plan and the 2009 Bylaws apply to the Abel Tasman National Park, including as amended or replaced in accordance with this Act.

Despite the fact that Tōtaranui is a recreation reserve, the relevant provisions of the Abel Tasman National Park management plan and the 2009 Bylaws continue to apply to Tōtaranui while Tōtaranui remains a reserve, as if the management plan and bylaws had been approved under the Reserves Act 1977, but subject to—

After discussion with the Department, as provided for in the kawenata, the trustees may give notice in the Gazette that 1 or both of the following, as in force, no longer apply:

On and after the transfer date, the Department must administer Tōtaranui while it remains a reserve under the Reserves Act 1977.

However, the trustees must give the Department at least 3 months’ notice in writing if they elect that they or their nominee will, on a specified date, take over the administration of Tōtaranui under the Reserves Act 1977.

If the reserve status of Tōtaranui is revoked, the trustees must allow the walking and camping activities associated with the Abel Tasman coastal track to continue while the licence is in effect.

To enable the Department to administer Tōtaranui, and for as long as the Department is doing so,—

The trustees may identify discrete areas in, or buildings in or on, Tōtaranui that Ngā Uri may, from time to time, use for their own purposes with the trustees’ authorisation.

Subsection (1) is subject to section 56(4) and the process set out in the kawenata.

The trustees must give prior notice to the Department if the trustees propose that Ngā Uri use any part of Tōtaranui, or any buildings in or on Tōtaranui, taking into account operational requirements, including the public booking arrangements that operate at Tōtaranui.

The use of any part of Tōtaranui or any buildings in or on Tōtaranui by Ngā Uri must not unreasonably interfere with the Department’s ability to operate the Abel Tasman coastal track, camping, and recreational activities in and through Tōtaranui.

The trustees and the Department must work together to design and agree a process to be included in the kawenata that enables use of Tōtaranui by Ngā Uri while respecting the booking and other operational arrangements of the Department.

This section does not—

This section applies to Kaiteretere (being part of Kaiteriteri Recreation Reserve) transferred to the trustees under section 103.

Immediately before the transfer of Kaiteretere, the reservation of Kaiteretere as a recreation reserve subject to the Reserves Act 1977 is revoked.

Immediately after the transfer, Kaiteretere is declared a reserve and classified as a recreation reserve for the purposes of section 17 of the Reserves Act 1977, and is subject to—

On and after the transfer date, the trustees or their nominee are the administering body of Kaiteretere under the Reserves Act 1977.

The trustees may appoint a committee or other body to be the administering body of Kaiteretere.

While Kaiteretere remains a reserve, any revenue derived from it must be paid to the trustees or their nominee to be expended on the reserve or on other reserves or land in the vicinity of Kaiteretere that the trustees own or administer, or otherwise, as the trustees see fit.

On and from the transfer date, the trustees are successors to the Crown and the Kaiteriteri Recreation Reserve Board (the reserve board) as grantor or grantee, as the case may be, of any concessions, agreements, or other arrangements (that are third-party rights) relating to Kaiteretere (but they have no liability for acts and omissions that occurred before the transfer date).

On, or at any time after, the transfer date, the trustees must establish a company, partnership, or other entity or structure (a commercial entity) to conduct the campground, shops, and other commercial and operational activities (commercial activities) on Kaiteretere.

On and after the transfer date,—

Any liability for acts and omissions of the reserve board occurring before the transfer date does not transfer to the commercial entity.

The assets and liabilities referred to in subsection (1)(a) exclude assets and other property on the Kaiteretere foreshore reserve.

Subsection (1)(b) applies as if the contracts or other arrangements had been entered into by, made with, given to or by, or addressed to, the commercial entity.

On and after the transfer date, each employee of the reserve board ceases to be that board’s employee and becomes an employee of the commercial entity (a transferred employee), subject to the following terms:

A commercial entity, when it is carrying out commercial activities on Kaiteretere, and while Kaiteretere remains a reserve under the Reserves Act 1977, has the same rights and obligations under the Reserves Act 1977 as if it were the administering body of Kaiteretere.

The commercial entity does not require authorisation under the Reserves Act 1977 to undertake the following:

On and after the transfer date, the trustees or their nominee are the administering body of the Kaiteretere foreshore reserve (foreshore reserve), as if the foreshore reserve were vested in the trustees under section 26 of the Reserves Act 1977.

Despite section 59A of the Reserves Act 1977, the trustees may—

If the trustees decide to revoke the reserve status of Kaiteretere, that decision will not apply to the foreshore reserve, which remains a reserve under the Reserves Act 1977, with the trustees or their nominee continuing to be the administering body of the foreshore reserve for as long as they are prepared to undertake that role.

However, if the trustees relinquish the role of administering body of the foreshore reserve, the Department or an administering body appointed by the Minister of Conservation is to be the administering body of the foreshore reserve.

If subsection (3) applies, the Department or administering body must assume the role of grantor or grantee of any concession, agreement, or other arrangement on and after the date that the Department or administering body begins to administer the foreshore reserve.

Any revenue derived from the foreshore reserve must be paid to the trustees or their nominee, who may expend it on the foreshore reserve, Kaiteretere, or other reserves or land in the vicinity of Kaiteretere that the trustees administer or own, as long as the funds are used to provide a public benefit.

If the trustees or their nominee relinquish the role of administering body of the foreshore reserve, on and after the date that they do so, the revenue derived from the foreshore reserve must be held and applied by the Department or an administering body in accordance with Part 4 of the Reserves Act 1977.

If the the Club agrees, the trustees intend to enter into a relationship agreement with the Club—

This section applies to Te Waikoropupū (being Te Waikoropupū Scenic Reserve) transferred to the trustees under section 103.

Immediately before the transfer of Te Waikoropupū, the reservation of Te Waikoropupū as a scenic reserve subject to the Reserves Act 1977 is revoked.

Immediately after the transfer, Te Waikoropupū is declared a reserve and classified as a scenic reserve for the purposes of section 19(1)(a) of the Reserves Act 1977, and is subject to—

On and after the transfer date, the Department must administer Te Waikoropupū while it remains a reserve under the Reserves Act 1977.

However, the trustees must give the Department at least 3 months’ notice in writing if they elect that they or their nominee, on a specified date, will take over the administration of Te Waikoropupū under the Reserves Act 1977.

Nothing in the Reserves Act 1977, bylaws, or other instrument made under that Act prevents the trustees from authorising Ngā Uri to access Te Waikoropupū for customary purposes.

The trustees must authorise those customary activities and confirm to the Department that those authorisations have been granted.

Despite anything in sections 65 and 66, the Te Puna Waiora o Te Waikoropupū Springs and Wharepapa Arthur Marble Aquifer Water Conservation Order 2023 continues to apply in accordance with its terms.

This section applies to Milnthorpe (being part of Milnthorpe Park Scenic Reserve) transferred to the trustees under section 103.

Immediately before the transfer of Milnthorpe, the reservation of Milnthorpe as a scenic reserve subject to the Reserves Act 1977 is revoked.

Immediately after the transfer, Milnthorpe is declared a reserve and classified as a scenic reserve for the purposes of section 19(1)(b) of the Reserves Act 1977, and is subject to—

Immediately before the transfer of Milnthorpe, the appointment of the Milnthorpe Park Society Incorporated (the Society) to control and manage Milnthorpe is revoked.

On and after the transfer date, the Society is the administering body of Milnthorpe under the Reserves Act 1977, as if appointed to control and manage that reserve under that Act while Milnthorpe retains its reserve status.

The trustees must give the Society at least 3 months’ notice in writing if the trustees elect that they or their nominee will, on a specified date, take over the administration of Milnthorpe under the Reserves Act 1977.

The Society must comply with any directions from the trustees that are consistent with this Act and the Reserves Act 1977 (subject to this Act and as modified by section 102) in relation to administering Milnthorpe.

This section applies to the 3 properties comprising Te Taero a Kereopa, each of which is transferred to the trustees under section 103.

Immediately before the transfer of the properties, the reservation of the properties as reserves subject to the Reserves Act 1977 is revoked.

Immediately after the transfer,—

Each of the reserves referred to in subsection (3) is subject to—

On and after the transfer date, the Department must administer Te Taero a Kereopa for as long as each of the reserves remains a reserve subject to the Reserves Act 1977.

However, the trustees must give the Department at least 3 months’ notice in writing if they elect that they or their nominee will, on a specified date, take over the administration under the Reserves Act 1977 of a reserve named in this section.

This section applies to other Te Here ā Nuku reserve land that is transferred to the trustees under section 103.

Immediately before the transfer of a property, the reservation of the property as a reserve subject to the Reserves Act 1977 is revoked.

Immediately after the transfer of the property, that property is declared a reserve under the Reserves Act 1977 and classified under that Act for the purposes specified for that property in the third column of subpart B of Part 2 of Schedule 1 of the Resolution Agreement, and is subject to—

On and after the transfer date, the trustees or their nominee are the administering body of Kaka Point (being Kaka Point Historic Reserve) under the Reserves Act 1977.

While other Te Here ā Nuku reserve land that was administered by the Department or other entity immediately before the transfer date remains a reserve under the Reserves Act 1977, the Department or other entity must, on and after the transfer date, administer that other reserve land under the Reserves Act 1977 (subject to this Act and as modified by section 102).

However, the trustees must give the Department or other entity at least 3 months’ notice in writing if they elect that they or their nominee will, on a specified date, take over the administration of that other reserve land under the Reserves Act 1977.

The provisions of this subpart apply to all reserves transferred to the trustees under section 103, unless—

Immediately before the transfer date, any current appointments to control and manage Te Here ā Nuku reserve land cease to apply.

On the transfer date, an other entity holding an appointment to control and manage any Te Here ā Nuku reserve land immediately before that date is appointed to control and manage the same Te Here ā Nuku reserve land, subject to—

Section 74 applies to appointments under this section.

Subsection (2) does not apply if the trustees elect that they or their nominee take over the administration of a reserve under section 74(2).

Subsection (2) does not apply to Kaiteretere or Kaka Point, both of which are to be administered by the trustees in accordance with section 59 or 73 respectively.

If an other entity is appointed to control and manage Te Here ā Nuku reserve land under this Part, that entity must continue to control and manage the relevant land for 2 years after the transfer date, unless—

After the end of the 2-year period referred to in subsection (1), an administering body may give 1 year’s notice in writing of its intention to relinquish the administering role (but subject to the trustees’ 3 months’ notice period under subsection (1)(a)).

The trustees must give 3 months’ notice in writing if, at any time after the transfer date, they elect to take over responsibility for administering the land.

If an other entity appointed under this Part to control and manage any Te Here ā Nuku reserve land wishes to relinquish that role, the trustees or their nominee must take over the administration of that land.

In addition to the other requirements for administering Te Here ā Nuku reserve land under this Act, the Department and other entities must administer and care for every reserve that they are responsible for in a prudent and responsible manner.

In the case of Te Here ā Nuku reserve land administered by the trustees (or their nominee), the trustees may do 1 or both of the following:

In relation to Te Here ā Nuku reserve land, the trustees may, in accordance with this Act, give notice in the Gazette—

A decision made under subsection (1) is at the sole discretion of the trustees, who are not required—

The trustees and the Department or other entity must agree to include in the kawenata or in any relationship agreement a process for discussing any matters relating to the partial revocation of a reserve.

If the trustees or their nominee become the administering body in accordance with this Act, the trustees or their nominee must assume the role of grantor or grantee on and after the date that a power under this section is exercised, but without bearing any liability for acts or omissions done before that date in relation to a relevant concession, agreement, or other arrangement.

If the reserve status of any Te Here ā Nuku reserve land is revoked under subsection (1), existing concessions, agreements, or other arrangements continue to have effect (with the necessary modifications) until the end of their term or earlier termination in accordance with the terms and conditions of that right or interest.

Subsections (4) and (5) apply in relation to lawful rights and interests, including third-party rights and future third-party rights, existing on that date that relate to Te Here ā Nuku reserve land.

In relation to Kaiteretere and Tōtaranui, the trustees must not give notice in relation to revoking the reserve status of those reserves earlier than 2 years after the transfer date (but this limitation does not apply to reclassifying a reserve or changing an administering body).

For the remainder of Te Here ā Nuku reserve land, notice may be given to revoke the reserve status at any time after the transfer date, in accordance with this Act.

In relation to a proposed revocation of the reserve status of any of the reserves listed in section 81, the trustees must—

In relation to Te Here ā Nuku reserve land (other than the reserves listed in section 81), the trustees must—

The trustees must—

This section applies if the trustees seek to revoke the reserve status of any of the following reserves:

In relation to the reserves listed in subsection (1), the trustees must—

The reserves listed in—

At any time after the transfer date, the trustees may, under section 8(9) of the Reserves Act 1977, appoint members of Ngā Uri to be rangers on Te Here ā Nuku reserve land that is administered by the trustees.

The kawenata must include provisions relating to the appointment of members of Ngā Uri to be rangers over Te Here ā Nuku reserve land and other land administered by the Department.

See section 102(b) for further provisions relating to the appointment of members of Ngā Uri as rangers on Te Here ā Nuku reserve land administered by the Department.

If the trustees elect to issue directions under this Act to an other entity acting as an administering body of Te Here ā Nuku reserve land, the directions—

However, the trustees must not issue directions under this section that are within the scope of the regulatory or enforcement powers conferred on the relevant local authority by or under the Reserves Act 1977 or any other legislation.

This section applies—

Unless otherwise expressly provided by this Act, those decision-making functions must be exercised by the trustees rather than by the Minister or Department.

However, subsection (2) does not—

Unless otherwise expressly provided for by this Act, the name applying to Te Here ā Nuku reserve land immediately before the transfer date continues to apply to that land after the transfer, unless the trustees change the name by giving notice of the change in the Gazette in accordance with the process set out in section 16(10) of the Reserves Act 1977.

If the trustees give notice under subsection (1), the requirement in section 16(10A) of the Reserves Act 1977 does not apply.

If the trustees elect to set aside discrete areas of Te Here ā Nuku reserve land for the exclusive use of the trustees or Ngā Uri (the exclusive reserve areas), they must give notice of the proposal to the Department or other entity.

The trustees may authorise activities within the exclusive reserve areas for use by Ngā Uri, such as customary activities or the construction of buildings or other facilities for the use and benefit of Ngā Uri.

The kawenata, or a relationship agreement with an other entity, must provide a process to deal with the continuing administration by the Department or other entity over the exclusive reserve areas and over the wider Te Here ā Nuku reserve land.

This section does not—

Before giving notice under subsection (1), the trustees must enter into discussions with the Department or other entity in relation to the proposed exclusive reserve areas and activities that are proposed to be authorised under subsection (2).

This section is subject to section 56(4) and the process set out in the kawenata.

Any current management plan or Reserves Act bylaw that applied to Te Here ā Nuku reserve land on the transfer date continues to apply while the land continues to have reserve status, subject to—

The trustees may (but are not required to) amend, prepare or approve a new management plan or bylaw under the Reserves Act 1977 in relation to any Te Here ā Nuku reserve land.

Any new or amended management plan or bylaw that are proposed to apply to Te Here ā Nuku reserve land may be prepared or approved, but only with the agreement of the trustees.

Despite the status of Te Here ā Nuku reserve land as private land, the Minister, Director-General, or other entity continues to be responsible for granting the following concessions and other authorisations in relation to Te Here ā Nuku reserve land:

The Minister, Director-General, Department, or other entity retain their functions and powers under the Reserves Act 1977 and Part 3B of the Conservation Act 1987 or other conservation legislation in relation to applications for concessions or other authorisations.

The trustees may, by notice in the Gazette,—

The trustees are not required to comply with any of the requirements of the Reserves Act 1977 when they use the powers set out in subsection (1).

The trustees (or their nominee) are to be the administering body under the Reserves Act 1977 of a reserve declared under this section.

A reserve that is declared and classified under subsection (1) is Te Here ā Nuku reserve land for the purposes of this Act, subject to—

The provisions of this Act that apply to Te Here ā Nuku reserve land (including in relation to the revocation or reclassification of a reserve) apply to a reserve declared or classified under subsection (1).

The legislation referred to in this section, to the extent that it is relevant to concessions and other authorisations on Te Here ā Nuku reserve land, is modified as follows:

Te Here ā Nuku reserve land is private land owned by the trustees on behalf of Ngā Uri.

The trustees and Ngā Uri must have access to, and be able to use, Te Here ā Nuku reserve land for their own purposes.

Subsection (1) applies despite any statutory provision, management plan, or bylaws.

The use of Te Here ā Nuku reserve land by the trustees or Ngā Uri must not unreasonably interfere with the administration of the reserve land and must be sensitive to the nature of the environment in which the activities are proposed to occur (including for conservation and public access activities).

Before the trustees or Ngā Uri may undertake activities on Te Here ā Nuku reserve land, the trustees must authorise in writing the activities that may be undertaken on that reserve land.

Authorisations granted under subsection (2) must be made available to the Department or other entity on reasonable request.

However, authorisation is not required if Ngā Uri use or have access to Te Here ā Nuku reserve land in the same way members of the general public have a right to use or access that land.

The kawenata or a relationship agreement must also provide for the matters included in this section.

As long as the matters set out in subsections (1) to (5) are complied with, use of Te Here ā Nuku reserve land by the trustees or Ngā Uri is not prevented by anything in—

In this section and section 94, gifted land means the following sites:

The sites listed in subsection (1)(a) to (h) are described in subpart B of Part 2 of Schedule 1 of the Resolution Agreement, and the site referred to in subsection (1)(i) is described as Kaiteretere in subpart A of Part 2 of Schedule 1 of the Resolution Agreement.

If the trustees exercise the power under section 79 to revoke, in part or in whole, the reserve status of any gifted land, the trustees must have regard to the original purpose of the gift, to the extent that the purpose of the gift can be ascertained.

Operational management of Te Here ā Nuku reserve land may be undertaken by the Department or an other entity, but only with the written agreement of the trustees, whether that is given in general terms or in relation to a specific reserve.

The operational management of Te Here ā Nuku reserve land must be undertaken in accordance with—

No later than 3 months before the start of each operational year, the trustees and the Department must meet to develop and agree the annual operational plan for the activities on reserves administered by the Department on Te Here ā Nuku reserve land (the annual reserves operational plan).

The annual reserves operational plan must—

The Department or other entity undertaking operational management in relation to Te Here ā Nuku reserve land must maintain decision-making over its own budgets and funding allocation.

To avoid doubt, the trustees and the Department may agree a shorter or longer period of time than a year for an operational cycle.

The Department or other entity must maintain the improvements on Te Here ā Nuku reserve land it administers—

The Department or other entity may, at its discretion, repair or replace improvements of a like nature in the same location, after discussing the matter with the trustees, as provided for in the kawenata or any relationship agreement.

The kawenata or a relationship agreement must include provisions as to—

For the purposes of this section (other than subsection (3)) and sections 97 and 99, improvement means an improvement in, on, or over Te Here ā Nuku reserve land that is transferred to the trustees under section 114(1).

The Department or other entity may notify the trustees that it no longer intends to use a particular improvement.

The Department or other entity must secure the agreement of the trustees (which must not be unreasonably withheld) to retire the identified improvement.

The trustees may require that—

When an improvement is retired in accordance with this section, the Department or other entity is no longer required to maintain the improvement to the standard referred to in section 96(1)(a).

The Department or other entity must obtain the agreement of the trustees before dealing with improvements,—

The Department or other entity retains liability for the following matters relating to Te Here ā Nuku reserve land that the Department or other entity administers or that arose while the Department or other entity administered that land:

Despite subsection (1), the Department or other entity is not responsible for liabilities that arise from the use of Te Here ā Nuku reserve land by the trustees, their agents, contractors, or invitees, or by Ngā Uri (to the extent that their use was authorised by the trustees), unless their use was the same or of a similar nature to the lawful and reasonable use of a reserve by the general public.

This section applies in the following circumstances:

If the trustees so require, the Department or other entity, within a reasonable period of time, must remove, enclose, or otherwise manage improvements to the reasonable satisfaction of the trustees that the Department or other entity agrees are a health and safety risk or create an environmental liability.

If the trustees and Department or other entity agree that the improvement must be removed, enclosed, or otherwise managed, the Department or other entity—

Not later than 3 months after the end of an operational year, the Department or other entity must provide an annual report to the trustees for the Te Here ā Nuku reserve land that the Department or other entity has administered.

The report must set out the following: