stage 1 land status audit wdc #15 title derivation ...€¦ · 2.2 inspection 2.2.1 inspection of...

Offices 116 Te Mata Mangateretere Road, Havelock North, Hawke's Bay | Post RD 10, Hastings 4180

Company Turley & Co Ltd | P +64 (6) 650 3569 | E [email protected] | W turley.co.nz

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STAGE 1 LAND STATUS AUDIT

TITLE DERIVATION, OWNERSHIP &

STATUTORY

WDC #15

Kai Iwi 6A1 (landlocked)

Kai Iwi Beach

Whanganui District

Prepared for

Elana Macdonald-Rose

Senior Property Officer

Whanganui District Council

WHANGANUI

By email

Elana.Macdonald-

[email protected]

Confidential

12 June 2020

Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | of 41

mailto:[email protected]


Turley & Co Ltd | TCL Confidential ©

Kai Iwi 6A1, Mowhanau Village 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F.docx 12 June 2020 of 22

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INSTRUCTIONS & PURPOSE ............................................................................................................................... 4

1.1 Land Status Audit .............................................................................................................................................. 4

1.2 Report Purpose and Scope ................................................................................................................................ 4

LAND AERIAL IMAGE ......................................................................................................................................... 4

2.1 Subject Land Image ........................................................................................................................................... 4

2.2 Inspection .......................................................................................................................................................... 5

STAGE 1 FINDINGS SUMMARY .......................................................................................................................... 6

3.1 Stage 1 Findings................................................................................................................................................. 6

3.2 Control and Manage Status ............................................................................................................................... 6

3.3 Council Adjoining Land ...................................................................................................................................... 6

PROPERTY SUMMARY ....................................................................................................................................... 6

4.1 Summary ........................................................................................................................................................... 6

CLIENT INFORMATION ...................................................................................................................................... 9

5.1 Client Supplied .................................................................................................................................................. 9

LAND ACQUISITION DETAILS ........................................................................................................................... 10

6.1 Stage 1 Considerations .................................................................................................................................... 10

6.2 Stage 1 Requirements ..................................................................................................................................... 10

S40 PUBLIC WORKS ACT 1981 ......................................................................................................................... 10

7.1 s40 Considerations .......................................................................................................................................... 10

RESERVES ACT 1977 ........................................................................................................................................ 11

8.1 Reserves Act 1977 ........................................................................................................................................... 11

8.2 Gazetted Status ............................................................................................................................................... 11

8.3 Use Implications .............................................................................................................................................. 11

8.4 Control and Manage and Vesting .................................................................................................................... 11

8.5 Reserve Revocation ......................................................................................................................................... 12

8.6 Iwi Considerations ........................................................................................................................................... 12

CO-GOVERNANCE ............................................................................................................................................ 13

INVESTIGATIONS SCOPE .................................................................................................................................. 13

10.1 Investigation Process....................................................................................................................................... 13

10.2 Investigation Reference .................................................................................................................................. 14

AFFIRMATIONS ................................................................................................................................................ 14

11.1 Recitals ............................................................................................................................................................ 14

LIMITATIONS ................................................................................................................................................... 14

12.1 Reliance ........................................................................................................................................................... 14

12.2 Limitations General ......................................................................................................................................... 15

12.3 Limitations Unique .......................................................................................................................................... 15

SIGNOFF .......................................................................................................................................................... 15

APPENDIX 1 – COUNCIL LAND TITLE STATUS GUIDE ........................................................................................................ 17

APPENDIX 2 – LAND HISTORY FLOWCHART ..................................................................................................................... 18

APPENDIX 3 – TITLE INSTRUMENT EVIDENCE .................................................................................................................. 20

Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 2 of 41



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APPENDIX 4 – OTHER INFORMATION ............................................................................................................................... 21

APPENDIX 5 – UNIVERSAL ADVISORY LIMITATIONS & DISCLAIMERS ............................................................................... 22

Reader Notices

TCL © Copyright 1998-2020. This work is confidential to the addressee/s and subject to the copyright of Turley & Co Ltd (TCL). All

rights reserved. Items from this document may not be adopted, reused or disseminated in any form without the written consent

of a TCL director. All dollar values are NZD. Appended limitations and disclaimers apply.




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INSTRUCTIONS & PURPOSE

1.1 Land Status Audit

1.1.1 This Stage 1 Land Status Audit report addresses land title derivation, ownership and statutory

considerations in response to the 18 December 2019 instructions of Whanganui District Council.

1.1.2 Potentially required further to Stage 1 discovery:

o Stage 2: If required, further land history investigations external to Government digital sources (Council

files, Libraries for Gazette Volumes and/ or Archives NZ).

o Stage 3: s40 Public Works Act 1981 investigations and findings concerning s40 pre-disposal obligations

if land could be considered (reserves not applicable).

o Stage 4: Strategic Property Plan (SPP) for the property for 1-5 years including: options analysis

(opportunities and risks), safe property decisions and actions advisory (tenancy, subdivision,

amalgamation, land development, reserve reclassification, disposal, DoC exchange, etc).

o Stage 5: Transaction best process and strategies design and process planning (tenancy or disposal

options, strategy, and method).

o Stage 6: SPP asset management execution support or leadership and periodic SPP reviews (including

other specialists, legal, valuers, real estate, etc).

1.1.3 Turley & Co can action or support the foregoing and is LINZ Accredited for Crown public land statutory

actions including s40 and disposals: http://www.linz.govt.nz/create-accredited-supplier-55

1.2 Report Purpose and Scope

1.2.1 Stage 1 Land Status Audit report purpose is confirmation of:

(1) Land title derivation (history)

(2) Land title ownership (legal)

(3) Land title status statutory implications (per Stage 1 scope)

1.2.2 Turley & Co’s Council Land Title Status Guide Appendix 1 informs:

o Status 1: Council owned non-reserve land

o Status 2: Council owned gazetted reserve land

o Status 3: Crown derived title gazetted reserve land vested in Council

o Status 4: Allocated or unallocated Crown land either administered by Council, or wrongly held1

1Gazetted reserve administered by Council or non-reserve land. Administered means appointed to control and manage

the reserve under the Reserves Act 1977. Council may apply to DoC to have a reserve vested.

1.2.3 The Stage 1 scope was agreed with Council.

LAND AERIAL IMAGE

2.1 Subject Land Image

2.1.1 The subject land is outlined red:


http://www.linz.govt.nz/create-accredited-supplier-55



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2.1.2 Sourced from Whanganui District Council GIS and Property Guru (undated).

2.2 Inspection

2.2.1 Inspection of the subject land for Stage 1 is unnecessary. We may need to inspect the property for safe

delivery of Stages 2-6.




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STAGE 1 FINDINGS SUMMARY

3.1 Stage 1 Findings

3.1.1 We confirm the subject land is:

(a) Crown reserve title land administered by Whanganui District Council (not vested)

(b) Title Status 4: Crown reserve land administered by Council (not vested)1

(c) Subject to the Reserves Act 1977

(d) Held in a registered Gazette title instrument

(e) Because the land is a gazetted reserve under the Reserves Act 1977, the land is not subject to s40

Public Work Act 1981

(f) Other statutes and law affect the land.

1Refer to title status guide Appendix 1.

3.1.2 Our flowchart summary for the land’s history comprises Appendix 2.

3.2 Control and Manage Status

3.2.1 The reserve is not vested in Council. Council are the administering body appointed to control and manage

the reserve in accordance with the particular purpose for which the reserve is classified. Council may apply

to DoC to have the reserve vested in Council. Refer later.

3.3 Council Adjoining Land

3.3.1 There is no adjoining Council-owned or controlled land.

3.3.2 The land on the opposite side of the Kai-Iwi Stream (easterly), is part of the Nukumaru Domain. We have

not thoroughly investigated this land that may be Council administered or vested. We could investigate this

reserve if required.

3.3.3 Given the stream and reserve opposite, there could be adjoining land implications. Stages 2-4 would canvas

the adjoining land and possibly opportunities including for non-Council adjoining land.

PROPERTY SUMMARY

4.1 Summary

Name (known as) Kai Iwi 6A1

Address Kai Iwi Beach, Whanganui District (near Handley Road but landlocked).

Nature of Property The property is a reserve which has apparently been leased for grazing. The

property is apparently mostly bare land with some scrub and trees and is

landlocked (has no legal road access point).




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The Kai-Iwi stream corridor appears to adjoin the properties easterly boundary,

and part of the stream appears to traverse the subject land. The south-westerly

boundary is coastal, but we believe is separated by Māori Trustee land.

Kai Iwi beach is a small coastal village 16 kms from Whanganui CBD by road.

Refer to report cover and section 2 for aerial images and Property Guru print in

Appendix 4.

Use and Access The subject land’s use we believe is currently: grazing. It is not in public use.

The land is landlocked with no legal/ public access. Potentially access is available

over adjoining Māori Trustee land accessed from Handley Road (and Māori owned

foreshore land, and the stream).

Zoning Reserves and Open Space Zone per Whanganui District Plan

Area/s 27.8221 hectares

Appellation/s Kai Iwi 6A1, situated in Block XIV Nukumaru Survey District

Title Instrument/s Gazette: The land is held in registered NZ Gazette 1957 page 508 (K40436).

The land is defined in Plan M.L. 4600 (appended). The land is possibly suitably

defined for a title to issue (necessary for some land actions). Its landlocked status

would need to be resolved.

The title instrument is contained in Appendix 3.

Registered Encumbrances Registered on Proc 2016:

o 753579 Pipeline Easement Certificate under section 70 of the Petroleum

Act 1937 – 6.8.1968 at 9.56 am

o 890659.1 Variation of Pipeline Certificate 753579 – 1.12.1987 at 11am

(redefining route of Pipeline)

Unregistered Leases/ Licences Unknown. To review under Stages 2-4.

WDC advised a long-term lease to Mount View Farms recently expired – currently

a month to month tenancy.

Reserves Act 1977 The land is a Crown title Reserve under the Reserves Act administered by Council

as a recreation reserve.

Land Ownership/ Status The land is Crown Reserve land administered by Whanganui District Council.

The land was Māori land in private ownership prior to transfer to the Crown in

1957. We have not electronically searched records prior to private land title origin

(1929), which would be work extension.




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The evidence (authority) of the Crown land being administered by Council is

instrument GN 1957 page 508. The land is set apart as a reserve for recreation

purposes. The reserve is declared to be a public domain to be part of the

Nukumaru Domain, to be administered as a public domain by the Domain Board.

By order in Council published in NZ Gazette 1895 page 1250, pursuant to the

Public Domains Act 1881, powers were delegated to the Waitotara County Council

as the Nukumaru Domain Board.

Where any existing reserve was, immediately before the commencement of the

Reserves Act 1977, a domain under the Reserves and Domains Act 1953 or any

corresponding former Act; it shall be controlled and managed under the provisions

of the Reserves Act relating to recreation reserves, pending its classification under

the Act.

S16 (7) (a) provides that every domain board that is a local authority, shall act in

the capacity of a local authority as if it had been appointed under section 28 (1), as

the administering body of the reserve, and all the provisions of the Reserves Act

1977, except section 26A, shall apply – therefore the land is a Crown reserve and

Council is the administering body to control and manage the reserve.

The Waitotara and Wanganui County Councils merged in 1988 forming a larger

Wanganui County Council.

Whanganui District Council (“the Council”) is the successor to the Wanganui

County Council by virtue of the Local Government (Manawatu-Whanganui Region)

Reorganisation Order 1989 (“the Order”).

If upon Council application, the Minister of Conservation resolved to revoke the

Reserve status the land would be Crown land for disposal by DoC under the Land

Act 1948 (possibly beneficially for the Crown and Council). Refer later.

Our flowchart summary of the land’s history comprises Appendix 2.

Neighbouring Landowner/s Neighbouring landowners are:

(1) Adjoining lands owned by The Māori Trustee (Handley Road and

foreshore).

(2) We believe Kai-Iwi Stream corridor is Crown land.

We have not investigated adjoining land.

The adjacent reserve land could be either WDC administered or vested land

(opposite side of Kai-Iwi Stream). Refer prior.

Stages 2-4 would inform the neighbouring land and access implications

topics further.

Waterways The land is Crown derived title land. Part 4A of the Conservation Act 1987 would

apply upon Crown disposition of the land requiring a 20 metres marginal strip to

be created and reserved in favour of the public.




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The land adjoins the Kai-Iwi Stream which apparently traverses the south easterly

boundary of the land. The marginal strip requirement would likely apply.

Other The land has archaeological sites (477 Redoubt (Peake's) - on high point above the

mouth of Kai Iwi Stream on the right bank and 480 Kainga / Mahinga Kai

(Puketaramea)) per Whanganui District Council planning and map information:

There are currently no other Stage 1 audit known land matters to record.

Stages 2-4 would address further land topics (including land use options analysis,

risk and opportunities, etc).

CLIENT INFORMATION

5.1 Client Supplied

5.1.1 Our client supplied subject property information. Where not already independently acquired by us, our

client’s subject property information has been reviewed and considered. We report this as follows:

WDC Timeline with GN

references

The item described here is of fringe relevance to Stage 1 findings and can be

provided upon request.

WDC Nukumaru Domain

Recreation Reserve Report

The item described here is lengthy and of fringe relevance to Stage 1 findings and

can be provided upon request.

WDC Reserve Inventory The item described here is lengthy and of fringe relevance to Stage 1 findings and

can be provided upon request.

5.1.2 The client provided unique information has not been Stage 1 findings by us influential.




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LAND ACQUISITION DETAILS

6.1 Stage 1 Considerations

6.1.1 The agreed Stage 1 work specification proposed by Turley & Co advised:

The acquisition background and chronology aspects usually only pertain to s40 Public Works Act analysis (if applicable

following initial Stage 1 title derivation confirmation). However, in some rare cases, a Stage 1 land status report/ title

audit may require acquisition background and chronology aspects analysis and findings. This may be necessary if title

derivation could be in any doubt or where Council, iwi or others may need to be further informed about acquisition

circumstances (i.e. further to the titles derivation and ownership).

6.2 Stage 1 Requirements

6.2.1 Appendix 2 contains a title history flowchart reflecting background information including:

Most Historical Land Record/s 1929 Certificate of Title Volume 397 Folio 57 records the land being proclaimed

Crown land in 1957.

We have not electronically searched records prior to private land title origin

(Native owners 1929), which would be extension work.

Land Transferred/ Vested By Crown reserve land not vested in Council.

Land Transferee/ Vestee Crown reserve land not vested in Council.

Investigation Required We have identified electronically searchable records since private land title origin

(Native owners 1929). The Council/s, Libraries and/ or Archives New Zealand may

have further records. There are no further Stage 1 acquisition background and

chronology study requirements.

Investigation of the land’s history prior to 1929 (private Māori land title origin/s),

could be a difficult task and would be extension work.

6.2.2 Our Stage 1 investigations are limited to electronically searchable public records to the date the land came

into public ownership. Its history prior is outside the Stage 1 scope.

S40 PUBLIC WORKS ACT 1981

7.1 s40 Considerations

7.1.1 As a gazetted reserve under the Reserves Act 1977 the land is not subject to s40 Public Work Act 1981.




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RESERVES ACT 1977

8.1 Reserves Act 1977

8.1.1 The land is a gazetted reserve under the Reserves Act 1977.

8.1.2 The Reserves Act 1977 is administered by the Department of Conservation. The legislation provides for the

acquisition of land for reserves, and the classification and management of reserves (including leases and

licences), and reserve land actions. The Reserves Act 1977 is a large statute and complex to navigate.

8.1.3 Any significant decision making about the land should involve discussion with DoC.

8.1.4 Reserves Act statutory obligations and restrictions:

http://www.legislation.govt.nz/act/public/1977/0066/latest/DLM444305.html

8.1.5 Department of Conservation information: https://www.doc.govt.nz/about-us/our-role/legislation/reserves-

act/

8.1.6 Subject to the particulars of the statute Council may undertake the following land actions:

- Grant lease or licence

- Create easements

- Reclassify the reserve

- Appoint a voluntary organisation to control and manage a reserve

- Appoint a board to control and manage a reserve

- Apply to DoC to revoke the reserve status

8.1.7 Local authorities since 12 June 2013, have a range of Reserves Act 1977 revised delegated authorities for

reserve land. These delegations differ according to the status of the reserve1.

1Refer to Turley & Co for more information.

8.2 Gazetted Status

8.2.1 The subject land is a Recreation Reserve (section 17 of the Reserves Act). The main purpose of these

reserves is the provision of areas for recreation and sporting activities. This is to provide for the physical

welfare and enjoyment of the public and for protection of the natural environment and beauty.

8.3 Use Implications

8.3.1 Whilst the land remains as a reserve the outlined obligations and use restrictions would apply.

8.4 Control and Manage and Vesting

8.4.1 The subject reserve land is not vested in Council. Council are the administering body appointed to control

and manage the reserve under the Act.

8.4.2 Council may apply to DoC under s26 to have reserves that are controlled and managed vested in Council.

The process provides for vesting without public notification1.



https://www.doc.govt.nz/about-us/our-role/legislation/reserves-act/

https://www.doc.govt.nz/about-us/our-role/legislation/reserves-act/



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1Refer to Turley & Co for more information.

8.5 Reserve Revocation

8.5.1 Council could apply to DoC to have the land’s reserve status revoked. Reserves Act land use obligations and

restrictions would cease to apply if the Department of Conservation for the Minister of Conservation

confirmed revocation.1

8.5.2 Because the land is a Crown title Reserve (not vested in Council), the land’s disposal would be by DoC for

the Crown and beneficially on behalf of the Crown and potentially Council (i.e. possibly net sales proceeds

sharing 50/50 subject to DoC approval).2

1Turley & Co is reserve revocation process well-experienced. 2Turley & Co is former reserves disposal process well-experienced.

8.5.3 It would be unusual for the Crown/ DoC to initiate revocation that would normally only occur for Crown

reserve land managed by DoC, or in response to a local authority revocation request.

8.5.4 s25 of the Reserves Act 1977 details the effects of reserve status revocation including: specific requirements

for land gifted for the purposes of a reserve, including land offer back to the former owner/s or his or her

descendants/ personal representative. s25 (3) (a) references Māori Land:


8.5.5 We would advise further on the above if requested.

8.6 Iwi Considerations

8.6.1 The Reserves Act 1977 cites Māori, mana whenua and iwi:

(a) s12 Minister’s powers: Acquiring/ taking of Māori land by the Crown for the purposes of a reserve

requires the consent of the Minister of Māori Affairs.

(b) s25 Effect of revocation of a reserve or change of classification or purpose (refer to 8.5.4 prior).

(c) s35 Appointing trustees to control and manage a reserve vested in Crown: The Minister may appoint

any trustees or any Māori Trust Board to control and manage the reserve for the purpose of its

classification.

(d) s38 Control and management of land that is not a reserve: With agreement of the owner, trustee or

controlling authority, the Minister or administering body with consent of the Minister; may control land

that is not a reserve including any Māori reservation land.

(e) s39 Provision of technical assistance to administering body: The Minister may provide assistance to any

person, trustee, Māori Trust Board or Māori incorporation owning or appointed under s38(2) for land

that is not a reserve.

(f) s40 Functions of administering body: Which specifically mentions the Whanganui River.

(g) s46 Grant of rights to Māori: The Minister may by notice in the Gazette, grant Māori the right to kill

birds within a scenic reserve which immediately before the reservation or taking thereof was Māori

land, and where any scenic or historic reserve includes any ancestral burial grounds of Māori, the

Minister may grant the right to bury or inter the remains of deceased Māori in a place to be specified

therein.





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(h) s77A Nga Whenua Rahui kawenata: The Minister may for Māori land or Crown land held under Crown

lease by Māori, agree with the owner or lessee for a Nga Whenua Rahui kawenata (covenant) to

provide for the management of the land (in perpetuity or for a specific term with reviews at agreed

intervals of not less than 25 years). Every such Nga Whenua Rahui kawenata shall run with and bind

the land and shall be deemed to be an interest in land.

(i) s85 Minister may authorise expenditure of money on land that is not a reserve: including Māori

reservation.

(j) s86 Payment of rates on Māori reservations: The Minister may, by agreement with the body corporate

or the trustees, contribute towards the payment of the whole or part of any rates.

(k) s119 Notices: Subject to section 181 of Te Ture Whenua Māori Act 1993, a notice required by this Act in

relation to Māori land owned in multiple ownership, to be given to any person may be sent by

registered post to the last-known place of abode or business of that person, and shall be deemed to

have been delivered when in the ordinary course of post it would be delivered.

8.6.2 The above considerations may apply for the subject land. We would investigate the effects and provide

property advisory if requested.

8.6.3 Council would potentially acquire specific legal advisory in regard to Reserves Act implications for the

subject land.

CO-GOVERNANCE

9.1.1 Council could consider co-governance of the land with Māori as tangata whenua or other members of the

community.

9.1.2 Co-governance proposals and actions would be a matter for Council legal advisory and policymaking.1

9.1.3 Co-governance restrictions and requirements would apply under the statutes:

- Local Government Act 2002

- Reserves Act 1977 (unless the reserve was revoked)

- Other statutes and law

1Turley & Co if invited could contribute to co-governance frameworks design, ideas development, challenges resolution,

land use strategies and related property advisory.

INVESTIGATIONS SCOPE

10.1 Investigation Process

10.1.1 Stage 1 title investigations by us included:

(a) Researched a copy of the Reserve Gazettal (appended).

(b) Traced and analysed electronically searchable and findable historical land records to ascertain

landownership history.

(c) Received or requested and acquired Council property file knowledge or data (and correspondence).

(d) Accessed our subscriber services and Council website public land records.




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10.1.2 We have further:

(e) Determined the land’s public acquisition history as far as electronically searchable1.

1Other records may be held by Council/s, Libraries and/ or Archives NZ.

10.2 Investigation Reference

10.2.1 We have referenced relied upon information including:

(a) LINZ title instrument search data.

(b) LINZ cadastral land data and public record aerial photography (and GIS data).

(c) Google streetview review for sense of the property (from nearby roads).

(d) Whanganui District Plan current online planning maps.

(e) Council supplied property information.

(f) Reserves Act 1977.

10.2.2 Appendix 3 contains the key evidence on which we have relied. We retain further land information.

10.2.3 We cannot rule out the possibility of unavailable searches or not readily findable, or lost records.

10.2.4 Stages 2-4 further discovery and analysis would inform property matters beyond the scope of our Stage 1

findings.

AFFIRMATIONS

11.1 Recitals

11.1.1 Turley & Co is retained by Whanganui District Council for the purposes of professionally independent and

unbiased property investigations, consultancy and advisory.

11.1.2 The firm has no interest in the subject land. Turley & Co and its staff have in all respects acted impartially

and have no conflicts of interest.

11.1.3 The authors of the report have undertaken a thorough and objective process. To the best of our knowledge

the work and findings reported herein are professionally robust and reliable (if this report is not marked

draft).

LIMITATIONS

12.1 Reliance

12.1.1 This report is for the purposes of Stage 1 title derivation, ownership history and statutory land use advisory.

The report may be relied upon by Whanganui District Council and no other party or for any other purpose.

12.1.2 The report is specific to the subject property. For another property, a unique investigation would be

necessary. Properties are never physically or legally the same, and background circumstances usually differ.




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12.1.3 Changes for a property are to be expected over time. These changes may include property legal (including

title, planning, tenancy, statutory and common law); property use and physical changes; economic and

market changes. These changes could materially impact our findings and advisory.

12.1.4 Statutorily affected or entitled parties may alter by death or land ownership succession (and by law

changes).

12.1.5 Please refer to Turley & Co before relying on this report and its contents after more than three months.

Parties relying on the information herein otherwise do so entirely at their own risk.

12.1.6 Our no change affirmation or report updates for currency, may involve minor work attendances for good

certainty and restated reliability.

12.2 Limitations General

12.2.1 We have relied on public land information, documents and property information supplied by Whanganui

District Council and others. Turley & Co is does not accept responsibility for public land information

deficiency or inaccuracy, or information supplied by others deficiency or inaccuracy.

12.2.2 Given an historical land misdealing or lost land title record our findings and advice could prove inaccurate.

This includes title or other documentation being discovered by Council/ LINZ/ DoC or another party, which

Turley & Co or Council does not currently possess. This is a normal property information risk although

occurrence rare.

12.2.3 Our report and the advisory herein are subject to Turley & Co Universal Advisory Limitations and

Disclaimers appended (Appendix 5).

12.3 Limitations Unique

12.3.1 Our Stage 1 advisory is contingent upon the unique matters:

(a) Conditions or limitations stated in the body of this report and appended information.

(b) All advice Turley & Co has provided concerning the subject land and any related project/s including:

- Stages 2-4 advisory (if any).

12.3.2 Council’s community and iwi co-governance policies, or related requirements in law; is an advisory topic

beyond our Stage 1 brief. Please refer to Turley & Co for further assistance.

SIGNOFF

13.1.1 Please do not hesitate to contact the writers if you have any queries.

13.1.2 Thank you for your instructions.




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Co-authored Co-authored

Pat Turley

Property Analyst | Director Reg. Valuer, Reg. Prop. Consultant, BBS, ANZIV, SPINZ, AREINZ,

LINZ Accredited

[email protected] | 021 33 33 93

Nikki Whelpton

Property Analyst | Valuer BBS (Valuation & Property Management) | PINZ

member

[email protected] | 022 089 1908

Assisted

Dayna Campbell

Property Analyst | Projects Support BBS (Valuation & Property Management) | PINZ member

[email protected] | 021 226 3831







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APPENDIX 1 – COUNCIL LAND TITLE STATUS GUIDE

Refer overleaf that is Turley & Co unique IP since 2007:


Offices 116 Te Mata Mangateretere Road, Havelock North, Hawke's Bay | Post RD 10, Hastings 4180

Company Turley & Co Ltd | P +64 (6) 650 3569 | E [email protected] | W turley.co.nz

Backing Clean Rivers Since 2006 | Trustee Maraetōtara River Restoration | maraetotaratreetrust.co.nz

TCL © 1998-2020 | Working for Councils NZ-wide

Council Land Title Status Guide | Audits Outset Crucial

2007 Guide by Turley & Co© | Reprinted 8 June 2020

Since 1998, Turley & Co is a well-experienced Council and Crown public land rationalisation advisor, and competent property actions manager including disposals-

acquisitions. Turley & Co reliably determines title Status 1-4 with detailed advisory (for leasing, subdivision, development, disposal, reserve reclassification, etc). Safely per

the Reserves Act, Public Works Act, Land Act, Local Government Act, etc, coupled with astute market-related property strategy advisory.

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Property Title Derivation | Origin

Council Title Land Not Crown Derived

Crown Derived Title Administered by Council

Crown Land Allocated or Unallocated

Not Council-owned or vested land. Reserve or non-reserve either

administered by Council or wrongly held. Land may be affirmed to LINZ or DoC or

other. For a DoC vested property, Council may apply to vest the land in

Council per s26. Revocation and possibly disposal per Title Status 3.

Council Vested Reserve Land per Reserves Act 1977

s40 Public Works Act does not apply.

Council initiated revocation and possibly disposal partnering with the Crown

under DoC guidelines. Land sale is by the Crown (Māori Protect. Mech., s52-54 Land Act), with possibly Crown and Council net sale proceeds sharing.

Reserve Land per Reserves Act 1977

s40 Public Works Act does not apply.

Disposal by Council following possibly DoC reserve status revocation (sale by

tender or other method).

100% sale proceeds to Council.

Not Reserve Act 1977 Land

s40 Public Works Act may apply.

Disposal by offerback at market value per S40 or market or off-market sale by Council (tender or other method with

real estate agency if needed).

Or per s116 PWA or s342 & 345 LGA if stopped road.

100% sale proceeds to Council. TCL Title Status 1 TCL Title Status 2 TCL Title Status 3 TCL Title Status 4



Kai Iwi 6A1, Mowhanau Village 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F.docx 12 June 2020 Page 18 of 22

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APPENDIX 2 – LAND HISTORY FLOWCHART

Kai Iwi 6A1

Most historical electronically searchable land title record of land

prior to coming into public ownership is:

Certificate of Title Volume 397 Folio 57 – March 1929

199 acres more or less situate in Block XIV and XV Nukumaru

Survey District being the Native Land Court Subdivision known as

Kai Iwi 6A.

Land in private ownership records Proclamation 5706 declaring

Kai Iwi 6A1 to be Crown land subject to the Land Act 1948.

Title in names of Natives within the meaning of “The Native Land

Act 1909”. Refer to appended Certificate of Title Volume 397

Folio 57 for schedule of Native owners.

Part of land taken for road:

1938: Proclamation 2706 taking 26 perches for road – 6A land

area reduced to 198 acres and 3 roods and 14.

By Proclamation 5706 – NZ Gazette 1957 page 131

68 acres 3 roods, more or less, being the block of land known as

Kai Iwi 6A1, situated in Block XV, Nukumaru Survey District, and

being part of the land included in certificate of title, Volume 397,

folio 57, plan M.L. 4600.

Proclamation 5706 confirming gazette action: Pursuant to

section 265 of the Māori Affairs Act 1953, land declared Crown

land and to be subject to the Land Act 1948. Extract issued by

Department of Māori Affairs.

Interests: 753579 Pipeline Easement Certificate under Section 70 of the Petroleum Act 1937,

890659.1 Variation of terms of pipeline certificate 753579

Part NZ Gazette 1957 page 508 (K 40436)

68 acres 3 roods, more or less, being Kai Iwi 6A1, situated in

Block XV, Nukumaru Survey District. Part of the land included in

certificate of title, Volume 397, folio 57, plan M.L. 4600.

Pursuant to the Land Act 1948, land set apart as a reserve for

recreation purposes, and further, pursuant to the Reserves and

Domains Act 1953, declares reserve to be a public domain

subject to Part III of the Act to be part of the Nukumaru Domain

to be administered as a public domain by the Domain Board.

Crown land administered by Nukumaru Domain Board

(Waitotara County Council).

Note:

By Order in Council – published in NZ Gazette 1895 page 1250

Pursuant to section 12 of the Public Domains Act 1881, powers

were delegated to the Waitotara County Council as the

Nukumaru Domain Board.




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Kai Iwi 6A1 land history continued …

Section 16 (7) Reserves Act 1977

Where any existing reserve was, immediately before the

commencement of the Reserves Act 1977, a domain under the

Reserves and Domains Act 1953 or any corresponding former

Act; it shall be controlled and managed under the provisions of

the Reserves Act relating to recreation reserves pending its

classification under the Act.

S16 (7) (a) provides that every domain board that is a local

authority, shall act in the capacity of a local authority as if it had

been appointed under section 28 (1), as the administering body

of the reserve, and all the provisions of the Reserves Act 1977,

except section 26A, shall apply.

Crown land administered by Nukumaru Domain Board

(Waitotara County Council).

Part NZ Gazette 1981 page 2924 (GN 467464.2)

27.8221 hectares, more or less, being Kai Iwi 6A1 situated in

Block XIV Nukumaru Survey District, all K document 40436 (M.L.

4600).

Pursuant to the Reserves Act 1977 (Part Nukumaru Domain

Recreation Reserve), reserve classified as a reserve for

recreation purposes. Crown land administered by Nukumaru

Domain Board (Waitotara County Council).

Note:

By Part Gazette 1981 page 1205 (unregistered)

We note that the land was classified in this unregistered Gazette

of April 1981, and in effect reclassified and registered in GN

467464.2 also in 1981.

Subsequent territorial local body succession:

The Waitotara and Wanganui County Councils merged in 1988

forming a larger Wanganui County Council.

Whanganui District Council is the successor to the Wanganui

County Council by virtue of the Local Government (Manawatu-

Whanganui Region) Reorganisation Order 1989 (“the Order”).

The land is Crown title reserve land and Whanganui District

Council is the administering body.




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APPENDIX 3 – TITLE INSTRUMENT EVIDENCE

Refer overleaf:



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30 APRIL THE NEW ZEALAND GAZETTE 1205

Classification of Reserve

PURSUANT to the Reserves Act 1977, and to a delegation from the Minister of Lands, the Assistant Commissioner of Crown Lands hereby declares the reserve, described in the Schedule hereto, to be classified as a reserve for recreation purposes, subject to the provisions of the said Act.

SCHEDULE TARANAKI LAND DISTRICT-EGMONT CouNTY-TE KIRI

DOMAIN RECREATION RESERVE 4.5102 hectares, more or less, being Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 41, and 103, Block XI, Opunake Survey District. All New Zealand Gazette, 1970, page 1066. S.O. Plans 7738 and 8886.

Dated at New Plymouth this 16th day of April 1981. R. LANCASTER,

Assistant Commissioner of Crown Lands. (L. and S. H.O. Res. 6/2/65; D.O. 8/1/30)

Classification and Naming of Reserve

PURSUANT to the Reserves Act 1977, and to a delegation from the Minister of Lands, the Assistant Director-General of Lands hereby declares the reserve, described in the Schedule hereto, to be classified as a recreation reserve, subject to the provisions of the said Act, and further, declares that the reserve shall hereafter be known as the Saxton Field Recreation Reserve.

SCHEDULE NELSON LAND DISTRICT-WAIMEA COUNTY-SAXTON FIELD

RECREATION RESERVE 23.4880 hectares, more or less, being part Sections 75 and 76, Waimea East District, being part D.P. 3154, and Lot 2, D.P. 3926, situated in Block VII, Waimea Survey District. All certificate of title 125 /242.

Dated at Wellington this 21st day of April 1981. G. McMILLAN, Assistant Director-General of Lands.

(L. and S. H.O. Res. 9/2/37; D.O. 8/5/8/48)


PURSUANT to the Reserves Act 1977, and to a delegation from the Minister of Lands, the Assistant Director-General of Lands, hereby declares the reserve, described in the Schedule hereto, to be classified as a local purpose (soil conservation and river control) reserve, subject to the provisions of the said Act.

SCHEDULE NELSON LAND DISTRICT-WAIMEA COUNTY

657 square metres, more or less, being Section 245, Waimea East District, situated in Block VI, Waimea Survey District. S.O. Plan 10228.

1.4670 hectares, more or less, being Section 229, Waimea East District, situated in Block VI, Waimea Survey District. All New Zealand Gazette, 1954, page 415. S.O. Plan 9863.

Dated at Wellington this 21st day of April 1981. G. McMILLAN, Assistant Director-General of Lands.

(L. and S. H.O. Res. 9/2/2; D.O. 8/3/3)

Classification of Parts of a Reserve

PURSUANT to the Reserves Act 1977, and to a delegation from the Minister of Lands, the Assistant Commissioner of Crown Lands hereby declares that part of the reserve, described in the First Schedule hereto, to be classified as a reserve for recreation purposes, and further declares that part of the reserve, described in the Second Schedule hereto, to be classified as a reserve for local purpose (public utility), and further, declares that part of the reserve, described in the Third Schedule hereto, to be classified as a reserve for local purpose (resting place for travelling stock), subject to the provisions of the said Act.

FIRST SCHEDULE WELLINGTON LAND DISTRICT-WAITOTARA CoUNTY-PART

NUKUMARU DoMAIN RECREATION RESERVE 6652 square metres, more or less, being Sections 54 and 55, Mowhanau Village, situated in Block XV, Nukumaru Survey District. All Gazette notice 642613. S.O. Plan 14957.

1637 square metres, more or less, being Lot 6, D.P. 14968, situated in Block XV, Nukumaru Survey District. Part certificate of title 561 /257.

2.4050 hectares, more or less, being part Kai Iwi 6F2, situated in Block XV, Nukumaru Survey District. Balance certificate of title 415 /48. M.L. Plan 1486, S.O. Plan 20191.

27.8221 hectares, more or less, being Kai lwi 6Al, situated in Block XIV, Nukumaru Survey District. All K Document 40436. M.L. Plan 4600.

SECOND SCHEDULE 6409 square metres, more or less, being part Section 308, right bank Wanganui River, situated in Block XIII, Waipakura Survey District. Balance Gazette notice 524299. S.0. Plans 25058 and 30978.

THIRD SCHEDULE 4760 square metres, more or less, being part Sections 94 and 95, right bank Wanganui River (D.P. 10823), situated in Block II, Westmere Survey District. Part New Zealand Gazette, 1935, page 3599.

Dated at Wellington this 16th day of April 1981. F. G. J. MUIRHEAD,



PuRsuANT to the Reserves Act 1977, and to a delegation from the Minister of Lands, the Assistant Commissioner of Crown Lands hereby declares the reserve, described in the Schedule hereto, to be classified as a reserve for recreation purposes, subject to the provisions of the said Act.

SCHEDULE WELLINGTON LAND DISTRICT-WAIMARINO COUNTY

8751 square metres, more or less, being Sections 32, 33, and 34, Block XIV, Manganui Survey District. Part New Zealand Gazette, 1899, page 1311. S.O. Plan 14052.

Dated at Wellington this 10th day of April 1981. F. G. J. MUIRHEAD,



PURSUANT to the Reserves Act 1977, and to a delegation from the Minister of Lands, the Assistant Commissioner of Crown Lands hereby declares the reserve, described in the Schedule hereto, to be classified as a reserve for local purpose (resting place for travelling stock), subject to the provisions of the said Act.

SCHEDULE SoUTH AUCKLAND LAND DISTRICT-TAURANGA CoUNTY

4.3149 hectares, more or less, being Section 7, Block IV, Aongatete Survey District. Part New Zealand ,Gazette, 1936, page 1692. S.O. Plan 18797.

Dated at Hamilton this 10th day of April 1981. L. C. PRICE,

Assistant Commissioner of Crown Lands. (L. and S. H.O. 10/92/77; D.O. 8/370)


PuRSUANT to the Reserves Act 1977, and to a delegation from the Minister of Lands, the Assistant Commissioner of Crown Lands hereby declares the reserve, described in the Schedule hereto to be classified as a reserve for local purpose (site for public hall), subject to the provisions of the said Act.


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APPENDIX 4 – OTHER INFORMATION Please refer overleaf:

(a) Aerial image and locality


CoreLogic NZ

0 60 120 180 240 300 36030 MetersOther Selected PropertiesListed PropertiesSold PropertiesSubject Property

© Copyright 2020. CoreLogic NZ Limited (CoreLogic) and its l icensors are the sole and exclusive owners of this image.


Turley & Co Ltd | Confidential © 20 06 05 TCL Universal Advisory Limitations & Disclaimers Page 1 of 4

TCL Universal Advisory Limitations & Disclaimers

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