Waka Umanga (Māori Corporations) Bill

  • discharged on 23 December 2009

Hon Parekura Horomia

Waka Umanga (Māori Corporations) Bill

Government Bill

175—2

As reported from the Māori Affairs Committee

Contents

Commentary

Key

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purposes of Act

4 Interpretation

5 Act to bind the Crown

Part 2
Establishment of waka umanga

Subpart 1—Key concepts relating to waka umanga

Status, capacity, and powers

6 Status, capacity, and powers of waka umanga

Formation and registration of waka umanga

7 Two types of waka umanga

Waka pū

8 Formation and registration of waka pū

9 Qualification to be legitimate representative

10 Effect of status as legitimate representative

Legitimate representative status for purpose of negotiating to settle Treaty of Waitangi claims

11 Status of legitimate representative in specified contexts

12 Exception for tribal groups with mandate recognised before commencement of this Act

13 Exception for tribal groups with mandate recognised after commencement of Act

Waka tumaha

14 Formation and registration of waka tumaha

14 Formation and registration of waka umanga

Subpart 2—Requirements for formation and registration of waka umanga

Essential requirements

15 Notice of intention to form and register waka umanga

15 Essential requirements

16 Register of members of waka umanga

16 Membership of waka umanga

Prerequisites to registration for tribal groups

17 Prerequisites for registration of waka pū

Prerequisites for registration of Māori associations

18 Prerequisites for registration of waka tumaha

Charter of waka umanga

19 Contents of charter

20 Consultation on charter

21 Notification of charter

21 Notification after registration

22 Adoption of charter

22 Adoption of charter

Variation of charter

23 Variation of charter

Applications for declarations or review

24 Declarations or review in relation to charter

Subpart 3—Registration of waka umanga

Registrar and Register

25 Registrar of Waka Umanga

26 Register of Waka Umanga

27 Contents and purpose of Register

Requirements for registration

28 Application for registration

Notification of intended registration

29 Preliminary consideration of application

30 Notification of application

Objections

31 Objections to registration

Registration

32 Registration of waka umanga

33 Certificate of registration

33A Powers of board and interim governors limited until section 22 complied with

33B Registrar to deregister waka umanga if certain requirements not satisfied

33C Sections 33A and 33B not to apply to registration of existing entities

Change of name of waka umanga

34 Change of name of waka umanga

35 Direction to change name

Amendments to charter

36 Amendments to charter

Part 3
Governance, management, and other matters relevant to registered waka umanga

Subpart 1—Governance of waka umanga

Board

37 Board is governing body of waka umanga

Governors

38 Governors

Election and appointment

39 Election of governors and appointment of interim governors

39 Requirements relating to the election or appointment, disqualification, and term of office of governors

40 Appointment of governors

40A Person may not be governor and chief executive at same time

Duties of governors

41 General duties

41 Duty of governors to act in good faith and in best interests of waka umanga

41A Exercise of powers in relation to employees

41B Power to be exercised for proper purpose

41C Governors to comply with Act and charter

41D Reckless operating

41E Duty in relation to obligations

41F Governor's duty of care

41G Use of information and advice

42 Register of members

Disclosure of conflict of interest

43 Obligation of disclosure

44 Scope and method of disclosure required

45 Consequences of benefit or interest

Major transactions

46 Policy relating to major transactions

47 Requirements for entering into major transaction

47 Requirements for entering into major transaction

Protected assets

48 Inalienability of protected assets

49 Protected assets register

50 Amendment of register

51 Land under Land Transfer Act 1952

Subpart 2—Management of waka umanga

51 Appointment of chief executive

52 Delegation of powers

52 Management policies

52A Method of contracting

Subpart 3—Accountability of waka umanga

Communication and consultation

53 Registered members’ rights of access to information

Meetings of waka umanga

54 Annual general meeting of waka umanga

55 Special meetings of waka umanga

56 Procedures for meetings of waka umanga

Governance documents

57 Key governance document of waka umanga

57A Charter must contain certain provisions about board meetings and meetings of members

58 Other governance documents

58A Requirements for other documents

Auditor

59 Appointment of auditor

Subpart 4—Voluntary administration

Voluntary administration

60 Purpose of voluntary administration

61 Administrator’s role

62 Application of Part 15A of Companies Act 1993

63 Application of section 239AB of Companies Act 1993 to subsidiary of waka umanga

Subpart 5—Liquidation

64 Resolution to put waka umanga into liquidation

64 Resolution to put waka umanga into liquidation

64A Appointment of liquidator by board

65 Court may put waka umanga into liquidation

66 Application to Court to appoint liquidator

67 Application of Companies Act 1993

68 Appointment of interim liquidator

69 Vesting of surplus assets

70 Directions relating to Land Transfer Act 1952 land

Subpart 6—Subsidiaries

71 Interpretation

72 Waka umanga may have subsidiaries

Part 4
Dispute resolution

Subpart 1—Resolution of internal disputes

73 Meaning of internal dispute

73 Meaning of internal dispute

74 Charter must include dispute resolution requirements

74A Provision of information about membership disputes

75 Disputes with other entities

75 Decision binding on parties

75A Prejudiced members

75B Lack of quorum and actions inconsistent with Act or charter

75C Orders that may be made for purposes of section 75B

75D Transfer of proceedings from High Court to Māori Land Court

75E Striking out applications

Subpart 2—Applications to Māori Land Court

Jurisdiction of Court

76 Application of Te Ture Whenua Maori Act 1993

77 Application of Part to mandated iwi organisations and iwi aquaculture organisations

Disputes relating to formation and registration of waka umanga

78 Declarations in relation to formation of waka pū

79 Review of formation process and charter

80 Determinations in respect of formation and charter of waka umanga

Limits to jurisdiction of Court in disputes relating to formation of waka umanga

81 Limitation on orders that Court may make

Objections to registration

82 Notice of objection to registration

83 Orders relating to objection to registration

Internal disputes and other disputes relating to governance or management of waka umanga

84 Applications to Court relating to internal disputes

85 Applications relating to governance or management

86 Orders to resolve governance and management matters

Injunctive relief

87 Injunctions

Subpart 3—Transfer of proceedings and rights to appeal

Transfer to High Court

88 Transfer of proceedings to High Court

Appeals

89 Appeals to High Court

90 Scope of appeal rights

91 Hearing of appeal

92 Powers of High Court on appeal

93 Appeals to Court of Appeal

94 Appeals to Supreme Court

Part 5
Transitional provisions for existing entities, establishment of Waka Umanga Secretariat, and miscellaneous matters

Subpart 1—Registration of existing entities as waka umanga

Maori Trust Boards

95 When Maori Trust Board may apply for registration as waka umanga

96 Maori Trust Board to comply with Part 2

97 Order in Council required

98 Effect of registration as waka umanga

99 Continuation of certain provisions of Maori Trust Boards Act 1955

100 Final accounts of Maori Trust Board registered as waka umanga

Incorporated societies

101 When incorporated society may apply for registration as waka umanga

102 Incorporated society to comply with Part 2

103 Effect of registration as waka umanga

104 Final accounts and notice of registration

Trusts (other than charitable trusts)

105 Application

106 When trustees may apply to register waka umanga

107 Trustees to comply with Part 2

108 Effect of approval to register waka umanga

109 Final accounts of trust registered as waka umanga

Charitable trusts

110 When trustees of charitable trusts may apply to register waka umanga

111 Trustees must comply with Part 2

112 Effect of approval to register waka umanga

113 Final accounts and notice of registration

Limits as to effect of registration

95 Meaning of existing entity

96 Obligation of authorised existing entity to register as a waka umanga

97 Authorisation to register as waka umanga

98 Ordinary trusts

99 Charitable trusts

100 Order in Council required before registration of Maori Trust Board as waka umanga

101 Effect of registration as waka umanga

102 Continuation of certain provisions of Maori Trust Boards Act 1955

103 Final accounts of existing entity registered as waka umanga

114 Matters not affected by registration

Other transitional matters

115 Employees

116 References in documents

117 Records and registers

Subpart 2—Taxation and duties

118 Interpretation

119 Application

120 Taxes and duties

121 Continuation of declarations after registration of Maori Trust Board as waka umanga

Subpart 3—Waka Umanga Secretariat

122 Establishment of Waka Umanga Secretariat

123 Function of Secretariat

Subpart 4—Enforcement provisions

124 Offences and penalties

125 Defence

Administrative penalties

126 Power to impose administrative penalty

127 Defence to administrative penalty

128 Reference to High Court

Subpart 5—Regulations and miscellaneous matters

Regulations

129 Regulations

Service of documents

130 Service of documents on waka umanga

Saving

131 Application of Maori Fisheries Act 2004

Amendments to enactments

132 Amendments to other Acts

Schedule 1
Tribal groups with mandate recognised before commencement of this Act

Schedule 2
Contents of charter relating to governance

Schedule 3
Further provisions on governance, management, and accountability of waka umanga

Schedule 4
Further provisions relating to subsidiaries

Schedule 5
Optional processes for resolution of internal disputes

Schedule 6
Applications to Māori Land Court

Legislative history

  • Preamble

    (1) The Treaty of Waitangi established the special relationship between the Māori people and the Crown:

    (2) It is therefore appropriate to provide a mechanism for the formation and recognition of legal entities to represent tribal groups and other associations of Māori, as a means of expressing the legal identity of those tribal groups and Māori associations within New Zealand society, for present and future generations:

    (2) The Crown recognises the importance of that relationship by—

    • (a) developing a new form of legal entity based on the unique characteristics of Māori collectives; and

    • (b) providing a further mechanism for Māori collectives to establish a legal identity within New Zealand:

The Parliament of New Zealand therefore enacts as follows: