stage 1 land status audit wdc #15 title derivation ...€¦ · 2.2 inspection 2.2.1 inspection of...
TRANSCRIPT
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
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-
Confidential
12 June 2020
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 1 of 41
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 Page 2 of 22
crea
tive
pro
per
ty s
trat
egy
©
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
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 Page 3 of 22
crea
tive
pro
per
ty s
trat
egy
©
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 3 of 41
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 Page 4 of 22
crea
tive
pro
per
ty s
trat
egy
©
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:
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 4 of 41
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 Page 5 of 22
crea
tive
pro
per
ty s
trat
egy
©
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 5 of 41
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 Page 6 of 22
crea
tive
pro
per
ty s
trat
egy
©
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).
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 6 of 41
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 Page 7 of 22
crea
tive
pro
per
ty s
trat
egy
©
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 7 of 41
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 Page 8 of 22
crea
tive
pro
per
ty s
trat
egy
©
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 8 of 41
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 Page 9 of 22
crea
tive
pro
per
ty s
trat
egy
©
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 9 of 41
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 Page 10 of 22
crea
tive
pro
per
ty s
trat
egy
©
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 10 of 41
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 Page 11 of 22
crea
tive
pro
per
ty s
trat
egy
©
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 11 of 41
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 Page 12 of 22
crea
tive
pro
per
ty s
trat
egy
©
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:
http://www.legislation.govt.nz/act/public/1977/0066/latest/DLM444648.html
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 12 of 41
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 Page 13 of 22
crea
tive
pro
per
ty s
trat
egy
©
(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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 13 of 41
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 Page 14 of 22
crea
tive
pro
per
ty s
trat
egy
©
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 14 of 41
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 Page 15 of 22
crea
tive
pro
per
ty s
trat
egy
©
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 15 of 41
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 Page 16 of 22
crea
tive
pro
per
ty s
trat
egy
©
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
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 16 of 41
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 Page 17 of 22
crea
tive
pro
per
ty s
trat
egy
©
APPENDIX 1 – COUNCIL LAND TITLE STATUS GUIDE
Refer overleaf that is Turley & Co unique IP since 2007:
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 17 of 41
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.
Hawke’s Bay-based premium quality valuation and creative property strategy© leading $0.5b acquisitions-disposals NZ-wide for 22-years, for predominantly public land clients, including former Reserves disposal.
Copyright of Turley & Co Ltd (TCL). All rights reserved 1998-2020. Not for reliance, distribution or reproduction without prior written consent of a Turley & Co director.
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
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 18 of 41
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 Page 18 of 22
crea
tive
pro
per
ty s
trat
egy
©
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 19 of 41
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 Page 19 of 22
crea
tive
pro
per
ty s
trat
egy
©
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.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 20 of 41
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 Page 20 of 22
crea
tive
pro
per
ty s
trat
egy
©
APPENDIX 3 – TITLE INSTRUMENT EVIDENCE
Refer overleaf:
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 21 of 41
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 22 of 41
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 23 of 41
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 24 of 41
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 25 of 41
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 26 of 41
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 27 of 41
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 28 of 41
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)
Classification 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 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,
Assistant Commissioner of Crown Lands. (L. and S. H.O. Res. 7/2/104; D.O. 8/3/116)
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 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,
Assistant Commissioner of Crown Lands. (L. and S. H.O. Res. 7/2/362; D.O. 8/5/179)
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 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)
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 local purpose (site for public hall), subject to the provisions of the said Act.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 31 of 41
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 32 of 41
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 Page 21 of 22
crea
tive
pro
per
ty s
trat
egy
©
APPENDIX 4 – OTHER INFORMATION Please refer overleaf:
(a) Aerial image and locality
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 34 of 41
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 | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 35 of 41
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 Page 22 of 22
crea
tive
pro
per
ty s
trat
egy
©
APPENDIX 5 – UNIVERSAL ADVISORY LIMITATIONS & DISCLAIMERS
Refer overleaf:
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 37 of 41
Turley & Co Ltd | Confidential © 20 06 05 TCL Universal Advisory Limitations & Disclaimers Page 1 of 4
TCL Universal Advisory Limitations & Disclaimers
Report & Advisory User Notice
Turley & Co Ltd (TCL) advisory limitations advice is standard property advisory practice. This is good practice aimed at protecting all parties.
Reporting limitations advisory is recommended by our professional bodies.
Use of and reliance on Turley & Co advisory is strictly conditional on reader/ user/ clients unreserved acceptance of the following standard
advisory polices of TCL (Turley & Co Ltd). The payment of a TCL fees account for a body of work confirms a TCL/ client and report user(s)
contract in this matter.
TCL Universal Advisory Limitations & Disclaimers herein apply to any future work by TCL for the advisory addressee parties unless superseded
by substitute written agreement.
Purpose
The advisory is prepared for the specific purpose stated. Any party that relies upon advisory information for an alternative purpose without
reference to TCL, does so at its own risk.
Confidentiality | Reliance
Turley & Co’s and its staff responsibility in connection with services is limited to the client to whom it is addressed and parties for whom
reliance is expressly affirmed. TCL and its staff disclaim all responsibility and accept no liability to any other party.
Publication
Neither the whole nor any part of the advisory or any reference to it may be included in any published document, circular or statement
without the prior written approval of a director of Turley & Co Ltd as to the form and context in which it may appear.
Reliance Period
Over time changes will impact the currency of advisory. Property changes may include:
- Legal (title, town planning, lease, statutory, common law).
- Physical (improvements, deterioration, information discovery).
- Locality, environmental, neighbourhood changes.
- Economic and market changes.
We strongly recommend that before any action is taken involving future acquisition, disposal, borrowing, restructuring or any other
transaction or decision for real property interest(s) under consideration, parties relying on dated TCL advisory refer back to TCL.
TCL advisory currency confirmation might involve modest professional attendances (time costs) in return for reaffirmed professional
reliability.
Forecasts
Considerable professional effort is made to ensure the soundness and accuracy of opinions, information, and the basis for any forecasts.
Forecasts should be regarded as a general guide only. TCL can accept no liability for erroneous predictions as no person can accurately
predict the future.
Registrations
Turley & Co advisory is on the basis the real property interest(s) under consideration are free of detrimental or beneficial registrations,
caveats, mortgages, charges, financial interests or liens, and that there are no memorials, encumbrances, restrictions or other impediments
of an onerous or deleterious nature that impact the real property interest(s) other than those stated by TCL. Such other registrations may
include Wahi Tapu registrations and Historic Places Trust registrations.
Documentation Reliance
Sources
Information is generally obtained from a search of records and examination of documents or by enquiry to Government Departments or
Statutory Authorities and Turley & Co’s client.
Where information has been sourced from or supplied by another party that ought to be reliable, the information has been adopted as
correct. TCL disclaims responsibility for information deficiencies or inaccuracies where information supplied by another party has been
adopted.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 38 of 41
Turley & Co Ltd | Confidential © 20 06 05 TCL Universal Advisory Limitations & Disclaimers Page 2 of 4
Audit
TCL does not normally inspect all leases or dealings on titles. TCL recommends that competent solicitor advice be obtained. TCL assumes,
unless informed to the contrary and reported, that all documentation is satisfactorily drawn and that there are no encumbrances,
restrictions, easements or unknown outgoings of a material nature that would have an effect on the value, marketability or potential uses of
the real property interest(s) under consideration.
Incomplete Records
In the event of an historical land misdealing or lost land title record, there is a possibility that property history or status matters represented
by TCL could prove to be inaccurate. This uncertainty revolves around documentation or a land record being future discovered by a Council,
LINZ, DoC or another party which the Crown or a TLA did not possess at the time of advisory. This is a normal land information risk. Turley &
Co Ltd can accept no responsibility and disclaims all liability in such circumstances.
Title Boundaries
TCL does not survey properties and cannot assume responsibility in connection with such matters. Unless otherwise stated it is assumed
that all improvements lie within the title boundaries and that no neighbouring property improvements encroach on the subject land(s).
Outstanding Debts
In the case of buildings where works are in hand or have recently been completed, TCL does not normally make allowance for any liability
already incurred but not yet discharged in respect of completed works or obligations in favour of contractors, sub-contractors, project
managers or any members of the professional, or design team.
Resource Planning & Statutory
Information on town/ resource planning/ zoning is often obtained verbally from the local planning authority and if assurance is required, TCL
recommends that verification from the relevant authority be obtained that confirms:
- The position is correctly stated by TCL.
- The property is not adversely affected by any other decisions made, or conditions prescribed by Public Authorities.
- That there are no outstanding statutory notices.
- No resource consent applications are pending.
TCL’s advice is prepared on the basis that the property/premises (and any works thereto) comply with all relevant statutory regulations
including the Building Act 2004 and the requirements of Territorial Authorities. Where we have obtained a Land Information Memorandum
(LIM) from the Territorial Authority, we comment on this within our reporting/advisory. Where we have not obtained a Land Information
Memorandum (LIM) advisory is subject to there being no outstanding requisitions or other Council information indicating significant land
impediments or contingent liabilities for owners or users of the land.
Measurements
Unless otherwise stated all property measurements are in conformity with the Guide for the Measurement of Rentable Areas issued by the
Property Council and PINZ. Multi-tenancy properties are not normally measured as part of the valuation process although check
measurements may be taken. For such properties rentable areas are normally supplied by the property owner or property manager and
adopted as measurement standards correct.
Improvements
General: While in the course of inspection due care is taken to note building defects, no structural survey is made and no undertaking is
given about the absence of water ingress, leaky building syndrome, rot, termite or pest infestation, deleterious substances such as asbestos
or calcium chloride, methamphetamine or other hidden defects. We can give no guarantee as to the foregoing or outstanding requisitions in
respect to the building(s) or land(s) under consideration.
Structural & Pest: No enquiries in respect of any property, or of any improvements erected thereon, are made for any sign of timber
infestation, asbestos or other defect, whether latent, patent, or structural.
Structural: We undertake a visual inspection in respect of any building assessed, but must advise that we usually do not commission
structural surveys or tested any of the services and are therefore unable to confirm that these are free from defect. We note further that we
do not inspect unexposed or inaccessible portions of any building and are therefore unable to certify that these are free from defect.
Any elements of deterioration apparent during our consideration of the general state of repair of building(s) has been noted or reflected in
our findings. We are however, unable to give any warranty as to structural soundness of any building and assume in arriving at our findings
that there are no structural defects or the inclusion of unsatisfactory materials.
Seismic Capacity: Unless otherwise stated, we rely on client or client expert(s) advices in the matter of building structures seismic
performance status and %NBS rating. If this information is proven inaccurate, our advisories or conclusions may not hold and these may
require reconsideration and adjustment.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 39 of 41
Turley & Co Ltd | Confidential © 20 06 05 TCL Universal Advisory Limitations & Disclaimers Page 3 of 4
Services: In preparing our advisory it is assumed that items such as lifts, hot and cold water systems, electrical systems, air conditioning or
ventilating systems and other devices, fittings, installations or conveniences as are in the building are in proper working order and
functioning for the purposes for which they were designed, and conform to the current building, fire and government regulations and codes.
TCL offers no warranties in these respects.
Tenants
Enquiries as to the financial standing of actual or prospective tenants are not normally made unless specifically requested. Where properties
are assessed or valued with the benefit of lettings it is therefore assumed that the tenants are capable of meeting their obligations under the
lease and that there are no arrears of rent or undisclosed breaches of covenant, and that the advised and stated rent is the effective rent
without offset or undisclosed inducement(s).
Goods & Services Tax (GST)
Non-Residential: Capital and rental valuations and rent analyses are (unless otherwise stated) carried out on the basis that the valuation is
plus GST (if any).
Residential: Capital and rental valuations and rent analyses of residential property are (unless otherwise stated) carried out on the basis that
the valuation includes GST (if any).
Contamination
Substances such as asbestos, methamphetamine, other chemicals, toxic wastes or other potentially hazardous materials could, if present,
adversely affect the value or use potential of a property. TCL findings and advisory are on the basis that there is no material on or in the
property that would cause loss in value or diminution of property use potential. No responsibility is assumed for any such conditions and the
advisory recipient is advised that the TCL advisory author is not qualified to detect such substances, quantify the impact on values or
estimate the remedial cost.
While due care is being taken to note any contamination liability, our investigations are undertaken for the stated advisory use purposes
only, and do not constitute an environmental audit. Unless otherwise stated, no account is taken of the effect on value or property use
potential due to contamination or pollution.
Building Act 2004. Health and Safety at Work Act 2015 and Evacuation of Buildings Regulations 2006. Disabled Persons Community Welfare Act
1975
Unless otherwise stated, our advice is on the basis that the property complies with the Building Act 2004, Health and Safety at Work Act
2015, Evacuation of Buildings Regulations 1992, and Disabled Persons Community Welfare Act 1975 or that the legislation has no significant
impact on the value or use potential of the property.
Legal Advisory
TCL staff are not qualified to offer legal analysis or legal advisory. Clients must acquire expert legal advice in all matters of legal
interpretation/s and law before adopting for any purpose TCL advisory. Any legal advice obtained by clients concerning TCL advisory must
be provided to TCL for possibly its related advisory adjustment/s. TCL disclaims legal advisory matters responsibility.
Liability Limit Turley & Co and Staff
Turley & Co Ltd (TCL) Professional Indemnity (PI) insurance cover is presently limit NZD$1,000,000. The TCL PI insurance cover level is
periodically reset, and any changed PI cover level shall apply for limitations of indemnity under this clause. Parties relying upon the findings,
recommendations and work of TCL unreservedly accept and contract that the prevailing TCL PI insurance cover level will be the absolute
limit of the combined professional and civil liabilities of TCL, its directors, shareholders and staff in any event. The payment of a TCL services
fees account confirms a TCL and client contract in this matter.
Related Advisory
TCL advisory is subject to all other advice provided by TCL past and future in connection with the subject property(s) or project(s). Please
refer to TCL for confirmation of advisory since or prior advisory if there is any uncertainty.
Copyright & Confidentiality
TCL © Copyright 1998-2020. Turley & Co work is confidential to the addressee and subject to the copyright of Turley & Co Ltd (TCL). All
rights reserved. TCL offer materials and advisory/ reporting may not be shared, circulated, adopted, reused or disseminated in any form
without the prior written consent of a director of Turley & Co. Turley & Co retains ownership of all market transactional data published to a
client and all TCL unique material and Intellectual Property (IP).
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 40 of 41
Turley & Co Ltd | Confidential © 20 06 05 TCL Universal Advisory Limitations & Disclaimers Page 4 of 4
Fees Reliance
No party is entitled to rely on any aspect of TCL advisories until TCL’s fees account/s for a body of work have been paid in full. TCL reserves
the right in the case of fees non-payment in full or fees dispute, to notify its client and thereafter third parties including financiers or insurers
that they may not rely on the work deliveries or advisory of TCL. Third parties entitled to rely on TCL advisory unreservedly accept the
foregoing advices and they are bound by terms of engagement contracted with our client/s.
Turley & Co | 20 06 12 WDC LSR Title S1 - Kai Iwi 6A1 WDC #15 - F | Page 41 of 41