New Zealand Legislation: Acts

12 Advice of Te Runanga o Ngai Tahu

• (1) There may, in accordance with section 17 of this Act, be incorporated in the charter of Te Runanga o Ngai Tahu provisions that prescribe a procedure by which the members of Te Runanga o Ngai Tahu or a person or body specified in those provisions may consider, after appropriate investigations and hearings, whether any changes should be made to the Papatipu Runanga of Ngai Tahu Whanui or to their respective takiwa or to both.

  (2) The procedure prescribed under subsection (1) of this section shall comply with the rules of natural justice.

  (3) Where any provisions of the kind described in subsection (1) of this section are incorporated in the charter or where any such provisions are amended, Te Runanga o Ngai Tahu—

  • (a) shall notify the Minister of Maori Affairs in writing that the provisions have been so incorporated or so amended; and

  • (b) shall supply to the Minister of Maori Affairs a copy of the provisions or of the provisions (as so amended), as the case may require, and of the resolution by which those provisions were adopted or amended.

  (4) The Minister of Maori Affairs shall forthwith publish in the Gazette a notice—

  • (a) recording the receipt under subsection (3) of this section of a copy of the provisions or of the provisions (as amended), as the case may require, and a copy of the resolution; and

  • (b) stating the effect of the resolution.

  (5) The resolution adopting the provisions and any resolution amending the provisions shall state that the provisions being adopted or amended, as the case may require, have effect in the place of the procedure set out in section 30(1)(b) of Te Ture Whenua Maori Act 1993 and, subject to subsection (6) of this section, those provisions shall have effect accordingly.

  (6) No provisions adopted under subsection (1) of this section and no amendment to any such provisions shall have effect before the date on which the notice relating to those provisions is published in the Gazette under subsection (4) of this section.

  (7) If at any time provisions of the kind described in subsection (1) of this section are not incorporated in the charter, section 30 of Te Ture Whenua Maori Act 1993 (as modified by section 11 of this Act) shall have effect according to its tenor.

  (8) The publication of a notice under subsection (4) of this section shall not affect any request made under section 30 of Te Ture Whenua Maori Act 1993 (as modified by section 11 of this Act) before the provisions or the amendment to which the notice relates comes into force.

  (9) The person who, or the body which, has jurisdiction under any procedure incorporated in the charter under subsection (1) of this section to consider whether any changes should be made to the papatipu runanga of Ngai Tahu Whanui or to their respective takiwa or to both shall not have the power to determine the membership or the takiwa of Te Runanga o Ngai Tahu but shall have the power to advise the Minister of Maori Affairs that an Order in Council should be made under section 10(1) of this Act.