Ngatiwhakaue Amalgamated Block {The Proprietors of Ngati Whakaue Tribal Lands Incorporated}

Transcription

1 Block ID : Land Status : Maori Freehold Land District : Waiariki Plan : Title Order Type: Other LINZ Ref: SA24D/178 Title Order Ref: 145 ROT 349 Area (ha): Title Notice Ref: - Total Shares: - Title Order Date: 28/03/1969 Total Owners: 0 Printed On 27/03/2019 7:30:26 AM Page 1 of 12

2 LINZ Parcel Information Parcel ID : Name : Part Ngatiwhakaue Survey Area : Total Area : - Document : - Legal Name : - Appellation : - Part Indicator : PART GAZ Type : - GAZ Year : - GAZ Page : - Maori Name : Ngatiwhakaue Amalgamated Appellation Type : MAOR Purpose : - Parcel Intent : MAOR Data Modified On: 26/09/2016 Geo Modified On: 26/09/2016 Parcel ID : Name : Part Ngatiwhakaue Survey Area : - Total Area : Document : - Legal Name : - Appellation : - Part Indicator : PART GAZ Type : - GAZ Year : - GAZ Page : - Maori Name : Ngatiwhakaue Amalgamated Appellation Type : MAOR Purpose : - Parcel Intent : MAOR Data Modified On: 29/07/2017 Geo Modified On: 21/03/2017 Parcel ID : Name : Part Ngatiwhakaue Survey Area : Total Area : - Document : - Legal Name : - Appellation : - Part Indicator : PART GAZ Type : - GAZ Year : - GAZ Page : - Maori Name : Ngatiwhakaue Amalgamated Appellation Type : MAOR Purpose : - Parcel Intent : DCDB Data Modified On: 5/01/2010 Geo Modified On: 17/02/2018 Printed On 27/03/2019 7:30:26 AM Page 2 of 12

3 Address Information Parcel ID Address A OTONGA ROAD, Springfield B OTONGA ROAD, Springfield C OTONGA ROAD, Springfield SLOANE AVENUE, Tihiotonga SLOANE AVENUE, Tihiotonga WHARENUI ROAD, Owhata WHARENUI ROAD, Owhata WHARENUI ROAD, Owhata WHARENUI ROAD, Owhata GEE ROAD, Owhata GEE ROAD, Owhata TE NGAE ROAD, Owhata TE NGAE ROAD, Victoria-Tikitere GEE ROAD, Owhata GEE ROAD, Owhata Printed On 27/03/2019 7:30:26 AM Page 3 of 12

4 Land Administrator(s) Management Structure Name: The Proprietors of Ngati Whakaue Tribal Lands Incorporated Management Structure Type: Maori Incorporation Vested Land(ha): Minute Book Reference: 113 ROT Active Administrators: Heke Matthew - Committee Mgmt Member Kingi Tanira Te Tupara - Committee Mgmt Member Lloyd Tamarapa - Committee Mgmt Member Rolleston Geoffrey - Committee Mgmt Member Tapsell Terry - Committee Mgmt Member Tatere Brad - Committee Mgmt Member Thomas David - Committee Mgmt Member Owners No owners exist for this title - please check with the Maori Land Court district office in which the land is located. Printed On 27/03/2019 7:30:26 AM Page 4 of 12

5 Memorial Schedules 26/07/ ROT Order of Incorporation Order of Incorporation. 15/06/ / ROT Other Order restricting powers of Committee of Management on alienations of land and acquisition of land. 24/12/ /03/ /05/1966 5/07/1967 6/12/ /02/ /11/ /05/1969 3/03/ /08/ /01/ ROT 205 Other Order for payment of honoraria to members of Committee of Management: pounds to Chairman pounds per annum to be distributed to Committee, excluding Chairman. 3. Payments to commence 01/07/1964. NZG 515/530 Gazette Lease (Proclamation) to NZRC (1a : 0r : 37p) Term: 21 years from 15/04/1965 Right of Renewal 289/ ROT 49 Other Leave to acquire land (Lot 1 DPS 7388 & Lot 1 DPS 2083). 289/ ROT 199 Other Leave to acquire Rotohokahoka D North 1, 2B & 3 Blocks. 141 ROT 188 Other Purchased Lands: Lot 1 DPS 7388 and Lot 1 DPS 2083 Block XVI Township of Rotorua held in trust for legal estate for Incorporated owners in direct proportion to their relative interests as appearing in the MLC records at 01/06/1966 and 26/06/1966 respectively. 141 ROT Appt. of Committee of Mgmt. Committee's strength fixed at 7 persons. 289/ ROT Other Leave to acquire 5a : 0r : 39p of Closed Road adjoining Wharenui A3 & B for $5, / ROT 20 Confirmation of Resolution Order confirming resolution of shareholders restricting sale of shares. 33/ ROT 175 Confirmation of Resolution Order confirming resolution of shareholders fixing a minimum share unit. 62/ ROT Other Order increasing fees payable to Committee of Management: 1. $ to Chairman. 2. $1, to Committee Members. 28/ ROT Other Order Redefining Objects of the Incorporation. TN Other Lot 10 DPS square metres (CT 22B/1045) Transfer to W J & V M Beckett TN Other Lot 6 DPS square metres (CT 24A/594) Transfer to W W Mohi TN Other Lot 12 DPS square metres (CT 22B/1047) Transfer to M J & V J Rea 233/1953 TN 17879/124 Other Lot 1 DP 2850 Part Section 17 Suburbs of Rotorua square metres (CT 39B/576) Memorandum of Transfer Consideration: $192, TN Other Lot 1 DPS square metres (CT 1A/333) Lot 2 DPS square metres (CT 3A/945) Lot 1 DPS square metres (CT 1088/123) Transfer to H A Holmes Co Ltd Consideration: $300, TN Other Lot 8 DPS square metres (CT 22B/1060) Transfer to P H Frandi TN Other Lot 20 DPS square metres (CT 22B/1053) Transfer to E L & A L Kiel Printed On 27/03/2019 7:30:26 AM Page 5 of 12

6 TN Other Lot 19 DPS square metres (CT 22B/1052) Transfer to C W & H A Kristensson TN Other Lot 14 DPS square metres (CT 24A/591) Transfer to R W & T M Rika TN Other Lot 15 DPS square metres (CT 24A/592) Transfer to P & D A Nikolaidis TN Other Lot 5 DPS square metres (CT 13A/909) Transfer to A J Renmerswaa TN Other Lot 16 DPS square metres (CT 24A/593) Transfer to L J Steiner 26/05/ / ROT 151 Confirmation of Resolution Order confirming resolution of shareholders fixing a new minimum share unit. 26/05/ /05/ /12/ / ROT 151 Other Order increasing fee payable to each Committee Member per meeting attended to $25.00 gross effective from 17/11/ /1953 TN Other Lot 7 DPS square metres (CT 24A/595) Transfer to R D J Frandi Consideration: $7, /1953 TN Mortgage Memorandum of Mortgage between: 1. Ngati Whakaue Tribal Lands Incorporated 2. Maori Trustee Principal Sum: $1,300, Rate of Interest: $20.00% pa Date of Advance: 30/05/1986 Schedule of Lands First: 342 m2 more or less being Lots 1, 2, 3 & 5 on DP and being part Section 1 Block XL Town of Rotorua and being all of the land comprised and described in CT 1426/43 subject to: 1. Sec 15 Rotorua Town Lands Act Reservations imposed by Section 6 Coal Mines Amendment Act H Certificate pursuant to Section 643(2) Local Government Act 1974 Subject to and together with: Party wall Easement over part Sectioon 23 Block XL Town of Rotorua created by Transfer Secondly: 54 m2 more or less being situated in the City of Rotorua being Section 26 Block XL Town of Rotorua and being all the land comprised and described in CT 1414/52 subject to: 1. Section 15 Rotorua Town Lands Act Reservations imposed by Section 8 Coal Mines Act H Certificate pursuant to Section 643(2) Local Government Act 1974 Thirdly: 732 m2 more or less being situated in the City of Rotorua being Lot 2 DPS 206 and being Section 20 and part Section 9 Block XL Town of Rotorua and being all of the land comprised and described in CT 998/224 subject to: 1. Section 15 Rotorua Town Lands Act Right of Way in Transfer S Right of Way Party Wall Agreement in Transfer S Subject to and together with: Party Wall Rights in Transfer Printed On 27/03/2019 7:30:26 AM Page 6 of 12

7 Fourthly: 1011 m2 more or less being Section 5 Block XL Town of Rotorua situated in Block I Tarawera SD and being all of the land comprised and described in CT 36B/499. Fifthly: 1012 m2 more or less situated in the Borough of Rotorua being Section 11 Block XXIX Town of Rotorua and being all of the land comprised and described in CT 1757/3 subject to: 1. Section 15 Rotorua Town Lands Act Reservations imposed by Section 8 Coal Mines Act /12/ /1953 TN Mortgage Variation Memorandum of Variation of Mortgage Principal Sum increased to: $1,800, /03/ / ROT Other Order increasing fee payable to each Committee Member, including the Chairman, per meeting attended to $80.00 gross. Order for payment of honoraria to Chairman of Committee of Management ($1, per annum). 21/11/ /1953 TN Forestry Right Memorandum of Transfer & Grant of Forestry Right between: 1. Proprietors of Ngati Whakaue Tribal Lands 2. Forestry Corporation NZ Ltd Consideration: $599, Term: 9 months from 01/10/1991 to 30/06/ /12/1992 TN NZG 207/4529 Gazette The following parts have been released from Part II Maori Affairs Restructuring Act 1989: 1. Puketawhero A1 Sections 9 & 10A Sec 2 ( hectares) 2. Part Puketawhero A1 Sections 9 & 10A Sec 3 ( hectares) 3. Puketawhero A2C5 ( hectares) 4. Part Owhatiura South 7C ( hectares) 5. Puketawhero A2A2 (Part) ( hectares) 6. Part Puketawhero A1 Sections 9 & 10A ( hectares) 7. Sec 1 DP ( hectares) 8. Part Puketawhero A2A1 ( hectares) 21/12/ /10/ /10/ /1953 TN Mortgage Memorandum of Mortgage dated 18/12/1992 between: 1. Proprietors of Ngati Whakaue Tribal Lands 2. Bank of New Zealand Schedule of Lands 1. Part Ngati Whakaue Amalgamated Blocks ( hectares) 2. Wharenui A1 & A2 (110a : 2r : 35p) 3. Wharenui A1 & Whakapoungakau 162B2G1, 162B2G2A & 162B2G2E being Lot 12 DPS (136a : 2r : 39.6p) 4. Section 8 Block II Tarawera (5a : 0r : 39.0p) 255/1993 TN Lease Memorandum of Lease dated 02/08/1997 between: 2. Bellsouth NZ Ltd Term: 5 years + 2 x 5 ROR and 1 x 4 years 364 days ROR Total Term: 19 years & 364 days 255/1993 TN Lease Memorandum of Lease dated 02/07/1997 between: 2. Telecom NZ Ltd Printed On 27/03/2019 7:30:26 AM Page 7 of 12

8 10/02/1998 Term: 6 years with 2 x ROR with effect from 30/05/ / ROT Status of Land Order declaring the following Lots as General Land conditional upon net proceeds of the alienation of the said lands shall be held in trust for the purposes of: (a) Acquisition of other land pursuant to a land acquisition plan to be approved by the Court; or (b) The improvement of the core land of the Incorporation. All those parcels of land being: 1. Lot 4 DPS containing hectares more or less and being all the land in CT 53A/54 (South Auckland Registry) shown as (A) on Plan 4743N Lot 5 DPS containing hectares more or less and being all the land in CT 53A/55 (South Auckland Registry) shown as (B) on Plan 4743N Section 8 Block II Tarawera SD excepting thereout all coal or other minerals excluded from Proclamation 9187 by Section 19 of the Public Works Act 1928 containing hectares more or less being all the land in CT 11B/365 (South Auckland Registry) shown as Part (A) on Plan 4743W Part Ngati Whakaue Amalgamated Block containing hectares more or less and being part of the land in CT 24D/178 (South Auckland Registry) shown as Part (A) on Plan 4743W Part Owhatiura South 7C Block containing hectares more or less being all the land in CT 16B/1092 (South Auckland Registry) shown as Part (B) on Plan 4743W Part Puketawhero A1 Sections 9 & 10A Section 1 (DP 20558) containing 4.28 hectares more or less being part of the land in CT 16B/1270 and CT 16B/1271 (South Auckland Registry) shown as Part (B) on Plan 4743W Part Puketawhero A1 Sections 9 & 10A Section 2 containing 1.53 hectares more or less being part of the land in CT 700/132 (South Auckland Registry) shown as Part (B) on Plan 4743W Part Puketawhero A2C5 Block containing 1.63 hectares more or less being part of the land in CT 15C/284 (South Auckland Registry) shown as Part (B) on Plan 4743W-3. All the said land being marked "Residential Zone" on Plan 4743A-2. 27/08/1999 9/03/ /05/ /1993 TN Lease Lot 1 DPS Lease between: 2. Rotorua District Council Term: 99 years (for Ngongotaha Water Reserve) TN Lease Part Tihiotonga C2B Memorandum of Lease between: 2. Radio NZ Ltd Term: 4 years from 01/04/1998 TN Lease Lot 1 DPS Lease dated 20/12/1999 between: 2. Broadcast Communications Ltd Term: 10 years from 01/05/1999 Rental: $22, pa + GST Printed On 27/03/2019 7:30:26 AM Page 8 of 12

9 17/05/2000 TN Easement Memorandum of Transfer of Electricity Easements between: 2. Broadcast Communications Ltd dated 20/12/ /05/2000 TN Easement Memorandum of Transfer of Right of Way Easement between: 2. Broadcast Communications Ltd dated 20/12/1999 1/02/2001 4/1994 TN Other Special Resolutions of Hui held 27/01/2001: 1. That: "The Committee of Management be authorised to lease the Ngongotaha Block (or parts thereof) for Tourism purposes for a term exceeding 21 years, but not exceeding 42 years, and on such other terms and conditions as the Committee of Management consider appropriate." 2. That: "The Resolutions (at the 1993 and 1994 AGM's) approving the status of certain Incorporation lands (Hinemoa Street and Pukuatua Street properties, Brents Block and Gees block) to be Investment land be amended by deleting the following words,... subject to any future sale of such land being approved at an AGM or Special General Meeting." 8/02/ (4)(a), (b)(i)(ii) & (c)/ ROT 38 Status of Land Order declaring lands as shown on Order as Investment Lands and declared as General Land. 24/04/2002 TN Other Notification of special resolution passed at a Meeting of the Shareholders - re: postal voting of members to the Committee of Management - see document for details 15/08/ / ROT Roadway Order Recommendation for proclomation of a Roadway as public roadway. An area of hecatres more or less as shown as Section 1 SO attached to the Order 16/10/2003 TN22746 Gazette Recommendation made at 275 ROT dated 15/08/2003 now gazetted 29/03/ /08/2005 SA24D/178 Covenant/Kawenata Land Covenant in Easement Instrument B(3)(b)/93 TN23132 Easement Grant of Easement over the lands vested in the Proprietors of Ngati Whakaue Incorporation on Certificate of Title SA24D/178 Grantor: The Proprietors of Ngati Whakaue Incorporation Grantee: Broadcasr Communications Limited Shown as Z on DP on Servient tenement on SA24D/178 and Dominant Tenement L.B B(3)(b)/93 TN Lease Titles:SA12A/121 & SA12A/122 date: 01/07/2005 to 30/06/2011 between: 1) The Proprietors of Ngati Whakaue Tribals Lands 2) Whakaue Holdings Limited term:6 years with right of 2 renewels Noting (E06/23753) TN Lease Memorandum of Sub-Lease (Wharenui Farm) between: 1. Whakaue Holdings Ltd 2. Whakaue Farming Ltd Term: 6 years from 01/07/2005 Rights of Renewal: 2 renewals of 6 years each and 1 renewal of 2 years & 363 days (SA24D/178) Printed On 27/03/2019 7:30:26 AM Page 9 of 12

10 Noting (E06/23752) TN Lease Memorandum of Sub-Lease (Gees Block) between: 1. Whakaue Holdings Ltd 2. Whakaue Farming Ltd Term: 6 years from 01/07/2005 Rights of Renewal: 2 renewals of 6 years each and 1 renewal of 2 years & 363 days (SA12A/121 & SA12A/122) Noting (E06/23751) TN Lease Memorandum of Sub-Lease (Tihiotonga Farm) between: 1. Whakaue Holdings Ltd 2. Whakaue Farming Ltd Term: 6 years from 01/07/2005 Rights of Renewal: 2 renewals of 6 years each and 1 renewal of 2 years & 363 days (SA24D/176) Noting (E06/23750) TN Lease Memorandum of Sub-Lease (Brent's Farm) between: 1. Whakaue Holdings Ltd 2. Whakaue Farming Ltd Term: 6 years from 01/07/2005 Rights of Renewal: 2 renewals of 6 years each and 1 renewal of 2 years & 363 days (CFR ) Noting (E06/23749) TN Lease Memorandum of Sub-Lease (Ngongotaha Farm) between: 1. Whakaue Holdings Ltd 2. Whakaue Farming Ltd Term: 6 years from 01/07/2005 Rights of Renewal: 2 renewals of 6 years each and 1 renewal of 2 years & 363 days (SA59A/731, SA53A/55, SA53A/54 & SA32B/721) 150B(3)(b)/93 TN Lease Title: SA24D/176 dated: 01/07/2005 to 30/06/2011 between: 1) The Proprietors of Ngati Whakaue Tribal Lands 2) Whakaue Holdings Limited term: 6 years with 2 right of renewel 150B(3)(b)/93 TN Lease Titles:SA59A/731, SA53A/54 & SA32B/721 dated:01/07/2005 to 30/06/2011 between: 1) The Properietors of Ngati Whakaue Tribal Lands 2) Ngati Whakaue Limited term: 6 years with 2 rights of renewal 150B(3)(b)/93 TN Lease Title: SA24D/178 dated: 01/07/2005 to 30/06/2011 between: 1) The Proprietors of Ngati Whakaue Tribal Lands 2) Whakaue Holdings Limited Term: 6 years with right of 2 renewals & 1 further of 2 years Printed On 27/03/2019 7:30:26 AM Page 10 of 12

11 16/09/ B(3)(b)/93 TN Other Encumbrance Between: The Proprietors of Ngati Whakaue Tribal Lands and: Bay of Plenty Regional Council Dated 16 September /11/2006 refer to Inc. File for Info Appt. of Committee of Mgmt. Notification of the Result of an election for the Committee of Management: Sir Howard Leslie Morrison and Jason Kereama Rogers - both retired by Rotation dated 18 November /07/2007 TN Other Deed of Lease: Landlord: The Proprietors of Ngati Whakaue Tribal lands Incorporated Tenant: Tangata Whakairo Limited Guarantor: Rakeiuekaha Kingi Term: 3 years Commencment Date: Stables - 01/02/07; Workshop - 01/03/07 13/02/ /03/ B(3)(b)/93 TN Lease Area 1 on DP , which land forms part of Lot 4 DPS comprised in CT SA59A/731. Between: 1. The Proprietors of Ngati Whakaue Tribal Lands 2. Grays Funeral Survices 2005 Limited (Lessee) 3. Richard John Bennison (Guarantor) Term: 50 years commencing 15/12/12 and expiring 14/12/ B(3)(b)/93 TN Mortgage Memorandum of Mortgage between: 1. Grays Funeral Services 2005 Limited (as Lessee and Mortgagor) 2. BNZ (as Mortgagee) Memorandum No. 2008/4261 (Also refer to affected lease instrument - at TN 24093). 14/08/2014 5/02/ /06/ B(3)(b)/93 TN Lease Lot 1 DPS (held under CT SA59A/731) Lessee: Telecom Mobile Limited Term: Six years from 30 May 2013 with Renewal period of 6 years Final expiry date: 30 May 2043 Dated: 27 June b(3)(b)/93 TN Lease Lot 1 DPS (held under CT SA59A/731) Lessee: Spark New Zealand Trading Limited Term: Six years from 1 June 2013 with Renewal period of 6 years Final expiry date: 30 May 2043 Annual Rent: $17,000 plus GST, subject to review 150B/93 TN Other Lake Rotorua Protection Deed dated 28 June Key Terms: Item 1. Alternative Land Use: The continuous use of all of the Land such that it achieves the Printed On 27/03/2019 7:30:26 AM Page 11 of 12

12 residual NDA and complies with the Nutrient Management Plan and the provisions of this Deed; Item 2. Land: 2,756.5 hectares being those parts of the computor freehold registers specified in the Fourth Schedule of this Deed that are within the Lake Rotorua Catchment as further specified on the plans that are attached as part of that schedule; Item 3. Residual NDA: For all the Land: 40,908 kgs of Nitrogen per annum (aggregate). BOPRC aims to achieve improvement in the water quality of Lake Rotorua. Between: 1. Bay of Plenty Regional Council 2. the Proprietors of Ngati Whakaue Tribal Lands Incorporated and Whakaue Nominees Limited as trustee of the Whakaue Property Trust. For further details refer to TN /07/ /07/ /93 SA24D/176 Other Amendment of Name at 192 Waiariki MB 55 from The Proprietors of Ngatiwhakaue Tribal Lands to "The Proprietors of Ngati Whakaue Tribal Lands Incorporated". 87/93 SA24D/178 Other Amendment of Name at 192 Waiariki MB 55 from The Proprietors of Ngatiwhakaue Tribal Lands to "The Proprietors of Ngati Whakaue Tribal Lands Incorporated". Printed On 27/03/2019 7:30:26 AM Page 12 of 12