Pursuant to section 338 (2) of Te Ture Whenua Maori Act 1993 ("the Act"), on the recommendation of the Maori Land Court, the Maori freehold land described in the First Schedule hereto is hereby set apart as a Maori reservation to be added to and administered with the Maori freehold land described in the Second Schedule hereto which was set aside as a Maori reservation by notice published in the New Zealand Gazette, 24 September 1981, No. 114, page 2684 ("the first notice").
And further, pursuant to section 338 (5) (a) of the Act, on the recommendation of the Maori Land Court, the lands described in the Third Schedule hereto, which were included in the Maori reservation by notice published in the New Zealand Gazette, 22 March 1990, No. 43, page 957 ("the second notice"), are hereby excluded from the Maori reservation and the Maori reservation is cancelled in respect of those lands.
And further, pursuant to section 338 (5) (c) and (d) of the Act, on the recommendation of the Maori Land Court,
the purposes for the Maori reservation and the persons for whose use or benefit the Maori reservation is held in respect of the lands described in the First and Second Schedules hereto, as originally defined in the first notice and redefined by the second notice, are hereby further redefined to the intent that the lands described in the First and Second Schedules hereto be held for the purposes of a marae, burial ground and recreation ground for the common use and benefit of the descendants of Kurahikakawa.
Hawke's Bay Land District
First Schedule - Land Included
All that piece of land situated in Block XI, Waihua Survey District as follows:
Area ha Description
1.2864 Lot 2, DP 314480 (all Computer Freehold Register 57433), Hawke's Bay Land Registration District, subject to a right (in gross) to convey telecommunications over part marked "B" on DP 314480 in favour of Telecom Central Limited, created by transfer 597596.1, part IVA of the Conservation Act 1987 and section 11 of the Crown Minerals Act 1991 but excluding coal and other minerals remaining in the title by virtue of section 19 of the Public Works Act 1928, and together with appurtenant right of way created by easement certificate 5478489.2.
Second Schedule - Original Land
All those pieces of land situated in Block XI, Waihua Survey District as follows:
Area ha Description
0.2023 Waihua A37A, being the land in a Partition Order of the Maori Land Court made at 50 Wairoa MB185 and dated 7 March 1946.
0.7689 Waihua A38, being the land in a Consolidation Order of the Maori Land Court made at 46A Wairoa MB210 and dated 12 September 1941.
Third Schedule - Land Excluded
All those pieces of land situated in Block XI, Waihua Survey District as follows:
Area ha Description
2.5991 Part Waihua 2C5A Block (all Computer Freehold Register HBC2/11), Hawke's Bay Land Registration District.
1.3911 Part Waihua 2C6A Block (all Computer Freehold Register HBC2/10), Hawke's Bay Land Registration District.
Dated at Wellington this 26th day of September 2006.
LEITH COMER, Chief Executive.
Ministry of Maori Development.
(MLC HO 2/3/1/5; Appln A20040004593)