Te Ture Whenua Māori Bill

Hon Te Ururoa Flavell

Te Ture Whenua Māori Bill

Government Bill

126—2

Contents

Ngā takinga kōrero
Commentary
Key
1Title
2Commencement
3Aronga me ngā mātāpono o tēnei Ture/Purpose and principles of Act
4Achieving purpose and recognising principles of Act
5Interpretation
6Meaning of individual freehold interest
7Meaning of owner
7AAssociation with land in accordance with tikanga Māori
8Descent relationships determined by tikanga Māori
9Evidence of applicable tikanga Māori
10Transitional, savings, and related provisions
11Act binds the Crown
12Definition of Māori customary land
13Māori customary land cannot be disposed of
14Court may determine whether land is Māori customary land
15Court may determine class of collective owners of Māori customary land
16Court may change status of Māori customary land to Māori freehold land
17Kaiwhakahaere appointed for Māori customary land
18Trespass or injury to Māori customary land
19Provisions for jurisdiction about Māori customary land do not apply to common marine and coastal area
20Definition of Māori freehold land
21Māori freehold land may be disposed of in certain ways
22Court may determine whether land is Māori freehold land
23How land becomes Māori freehold land
24Land becomes Māori freehold land by vesting order on change of ownership
25Private land other than Māori land may be declared Māori freehold land
26How land ceases to be Māori freehold land
27Land may cease to be Māori freehold land by declaration
28High Court jurisdiction over status of land
29Preliminary provision
30Application for court order declaring private land reserved as whenua tāpui
31Court order declaring private land reserved as whenua tāpui
32Court must be satisfied of matters for whenua tāpui on private land
33Minister declares Crown land or other specified land reserved as whenua tāpui
34Minister must apply for court recommendation for new whenua tāpui on Crown land or other specified land
35Application for court order of declaration for existing whenua tāpui
36Court order of declaration for existing whenua tāpui
37Court must seek and consider submissions for some orders
38Effect of declarations about whenua tāpui
39Administering bodies
39ACourt order to restrain administering body
40Lease of whenua tāpui for general purposes
41Lease of papakāinga housing site for residential housing with rent payable
42Lease of papakāinga housing site for residential housing rent-free
43Variation of lease of whenua tāpui
44Reservation and disposition of whenua tāpui
44AKawenata tiaki whenua over parcel
44BCancellation or variation of kawenata tiaki whenua
44CEffect and notation of kawenata tiaki whenua
45Example of multiple owners of parcel of Māori freehold land
46Presumption of tenancy in common and equal sharing where multiple owners
47Rights of owners
48Conversion to collective ownership of Māori freehold land
49Effect of conversion to collective ownership
50Collective owner has no separate interest
51Decisions by specified majority of owners of Māori freehold land
51AParticipation thresholds
51BSecond decision-making process
51CSummary of specified majorities of owners who must agree to decisions about Māori freehold land
52Minor cannot vote on decisions and is not counted as participating owner
53Voting for individual freehold interest owned by joint tenants
54Agreement by owners with >50% or ≥75% share in land
55Agreement by owners with >50% or ≥75% of participating owners’ total share in land
56Agreement by >50% of participating owners (casting votes of equal weight)
57Effect of decisions
58Owner of Māori freehold land may establish whānau trust
59Whānau trust (operational to operate while owner or owners living)
60Whānau trust (operational on to operate after death of owner)
61Effect of establishing whānau trust
62Trustees of whānau trusts
63Powers and responsibilities of trustees of whānau trusts
64Whānau trusts to be entered in Māori land register
65Recording of beneficiaries’ details on Māori land register
66Entitlements of beneficiaries of whānau trusts
67Whānau trusts not subject to rule against perpetuities
68Court may determine matters relating to whānau trust and amend declaration of trust
69Court may validate actions of trustees
70Court may enforce obligations of whānau trust
70ACourt may allow withdrawal of beneficial interests from whānau trust in exceptional circumstances
71Termination Application to court for termination of whānau trust by court order
71ACourt order for termination of whānau trust
71BVesting of beneficial interests in land after termination of whānau trust
71CVesting of other trust property after termination of whānau trust
72Responsibilities of trustees if whānau trust terminated
72AResponsibilities of chief executive and Māori Trustee in respect of trust money if whānau trust terminated
73Appointment of kaiwhakamarumaru for owners needing protection
74Meaning of owner needing protection
75Who may be appointed as kaiwhakamarumaru
76Functions and duties of kaiwhakamarumaru
77Consequences of appointing kaiwhakamarumaru
78Who may apply for order appointing kaiwhakamarumaru
79Court may appoint lawyer to represent person if application for order appointing kaiwhakamarumaru made in relation to person’s property
80Matters to which court must have regard when deciding whether to appoint kaiwhakamarumaru
81Content of order appointing kaiwhakamarumaru
82Protection of kaiwhakamarumaru from liability
83Expenses incurred by kaiwhakamarumaru and remuneration
84Application of other enactments to kaiwhakamarumaru appointment
85Circumstances in which court may appoint, replace, remove, or disqualify kaiwhakamarumaru
86Termination of kaiwhakamarumaru appointment
87Kaiwhakamarumaru must report to Registrar
88Frequency of reporting by kaiwhakamarumaru
89Contents of kaiwhakamarumaru report
90Actions resulting from report by kaiwhakamarumaru
91Inspection of kaiwhakamarumaru reports
92Review by court of appointment of kaiwhakamarumaru
93Recording of order appointing kaiwhakamarumaru
94Orders appointing kaiwhakamarumaru may be registered
95Changes to be made to registers after kaiwhakamarumaru appointment terminated
96Meaning of preferred recipient and preferred entity
97Disposition of land made by owner or governance body
98Overview of governance body’s agreement to disposition
99Sale of parcel
100Sale of parcel in ordinary cases
101Preferential tender process for sale of parcel
102Exchange of parcel
103Order declaring that land ceases to be Māori freehold land on sale or exchange by governance body
104Other requirements before governance body offers to sell parcel or exchanges parcel
105Gift of parcel
106Transfer of parcel for settlement on trustees
107Agreement to certain dispositions of parcels under enactments
108No sale, gift, exchange, or transfer of part of parcel
109Boundary adjustment of parcel
110Actions required for boundary adjustment
111Effect of boundary adjustment
112Partition of parcel
113Actions required for partition (other than by mortgagee)
114Allocation scheme for new parcels on partition (other than by mortgagee)
115Actions required for partition by mortgagee
116Effect of partition
117Amalgamation of parcels
118Actions required for amalgamation
119Allocation scheme for new parcel on amalgamation
120Effect of amalgamation
121Aggregation of ownership of parcels
122Actions required for aggregation of ownership
123Allocation scheme for parcels on aggregation of ownership
124Effect of aggregation of ownership
125Cancellation of aggregation of ownership of parcels
126Allocation scheme for parcels on cancellation of aggregation of ownership
127Effect of cancellation of aggregation
128Lease of parcel for general purposes
129Lease of parcel for residential housing with rent payable
130Lease of parcel for residential housing rent-free
131Gift of rent-free lease for residential housing
132Licence or profit à prendre over parcel
133Mortgage or charge over parcel
134Variation of lease, licence, profit à prendre, mortgage, or charge
135Easement over parcel
136Cancellation or variation of easement
137Kawenata tiaki whenua over parcel
138Cancellation or variation of kawenata tiaki whenua
139Effect and notation of kawenata tiaki whenua
140Disposition of individual freehold interest
141Exchange of individual freehold interest
142Dispositions made by instruments
143Dispositions of Māori freehold land have effect when recorded or registered
144Recording dispositions on Māori land register
145Registering dispositions under Land Transfer Act 1952
146Disposition must comply with certain other enactments
147Evidence and orders about compliance with enactments before instruments recorded
148Orders about compliance with enactments after instruments recorded
149Orders of confirmation for dispositions
150Determinations about dispositions by court
151Certain matters registrable despite caveat
152Application of Part 3 of Property Law Act 2007 to mortgage of Māori freehold land
153Gift by will of entitlements arising from ownership
154Overview of provisions relating to governance bodies
155Function and purpose of governance bodies
156Rights of owners of Māori freehold land managed under governance agreement
157Who may appoint a governance body
158Who may be appointed as governance body
159Process for appointing governance body
159AGovernance bodies continue to be subject to other law
160Governance bodies that are Māori incorporations or trusts may become rangatōpū
161Certain governance bodies may amalgamate
162Application to register governance agreement
163Registration of governance agreement
164Process for dealing with simultaneous applications
165Grounds for rejecting application for registration of governance agreement
166When registration of rangatōpū creates separate legal personality
167Certificates are conclusive evidence of registration
168Registered governance agreement has legal effect
169Asset base vests in governance body on registration of governance agreement
170Registrar-General to record change of ownership of land
171Status of contracts and other instruments
172Status of existing securities
173Matters not affected by vesting under section 169
173ATax matters for Māori incorporations and trusts that become rangatōpū
174Owners of Māori freehold land may revoke governance body’s appointment for that land
175Ways to start cancellation of governance agreement
176Cancellation of governance agreement when governance body replaced
177Cancellation of governance agreements when governance bodies amalgamate
178Cancellation of governance agreement in other circumstances
179Liability of kaitiaki for compensation for void transaction or dealing
180Cancelling governance certificates
181Revesting of Māori freehold land vests on cancellation of governance certificate
182Liability of kaitiaki to continue
183Cancelling rangatōpū registration
184Kaitiaki: quorum and eligibility
185Kaitiaki: vacancies in office, suspension from office, validity of acts
186Court may investigate kaitiaki appointments for certain governance bodies
187Court may appoint kaitiaki for certain governance bodies
188Court may review certain decisions of owners relating to governance bodies
189Court may appoint kaiwhakahaere
190Purposes for which kaiwhakahaere may be appointed
191Responsibilities of kaiwhakahaere
192Powers of kaiwhakahaere
193Process for appointing kaiwhakahaere
194Requirements if meeting of owners required
195Order of appointment
196Court may require kaiwhakahaere to report to court
197Court may require kaiwhakahaere to report to owners
198Court may make order relating to costs of kaiwhakahaere
199Termination of appointment of kaiwhakahaere
200Responsibilities of kaiwhakahaere if appointment terminated
201Immunity from civil liability
202Powers, duties, and responsibilities of governance bodies
203Duties and responsibilities of kaitiaki
204Immunity of kaitiaki from personal liability
205Immunity of owners from personal liability
206Requirements if governance body decides to hold land as Māori freehold land
207Requirements if governance body sells or exchanges parcel of Māori freehold land
208Requirements in cases of partition, amalgamation, or boundary adjustment of Māori freehold land managed under governance agreement
209Requirements for allocation scheme
210Requirements for land management plan
211Order declaring land to be Māori freehold land and confirming allocation scheme
212Application of revenues
213Unpaid distributions
214Requests for information
215Reasons for withholding information
216Court may make orders or investigate governance bodies
217Matters relating to investigation of governance bodies
218What court may do after making order or investigating governance body
219Court may make restraining order
220Court may disqualify kaitiaki
221Obligation to prepare full distribution scheme
222Requirements for full distribution scheme
223Expenses of kaiwhakahaere
224Application of certain provisions of Companies Act 1993 to full distribution scheme
225Obligation to prepare partial distribution scheme
226Requirements for partial distribution scheme
227Process once court confirms distribution scheme
228Transfer of unpaid distributions from outgoing governance body to Māori Trustee
229Māori Trustee must transfer unpaid distributions to successor governance body
230Governance bodies must maintain interests register
231Kaitiaki must make annual declaration for purpose of interests register
232Governance bodies not subject to rule against perpetuities
233Māori incorporations may continue to maintain share register
234Chief executive must notify Māori incorporation of matters affecting share register
235Māori incorporations may adjust shareholding
236Relationship between share register and Māori land register
237Sections 233 to 236 cease to apply if Māori incorporation becomes rangatōpū
238General law on estates subject to this Part
239Restrictions on gifting Māori freehold land by will
240Invalid disposition by will must be treated as intestacy
241Land status at time of death of owner determinative
242Change in land status between death of owner and vesting
243Māori land not available for payment of debts of estate
244Restrictions relating to testamentary promises legislation
245Restrictions relating to family protection legislation
246Eligible beneficiaries may succeed to interests when owner dies intestate
246ASuccession by eligible beneficiaries when owner dies intestate
247Succession on intestacy where more than 1 eligible beneficiary when owner dies intestate
248Family arrangement instead of whānau trust
249Application for to give effect to succession when owner dies intestate
250Processing of application for to give effect to succession when owner dies intestate
251Determination of application for to give effect to succession where objection or competing application received
252Effect of succession
253Succession interests subject to certain rights of surviving spouse or partner
254Matters relating to whānau trust established on intestacy
254ATrustees must update declaration of combined whānau trust
255Vesting of rent-free lease for residential housing where grantee dies intestate
256Application for vesting of rent-free lease for residential housing
257Procedure after chief executive receives application for vesting of rent-free lease for residential housing
258Matters for court to take into account when determining competing applications for vesting of rent-free lease for residential housing
259Vesting of land or interest gifted by will where grant of administration
260Vesting of land or interest gifted by will where grant of administration but no effective administration
261Vesting of land or interest gifted by will where no grant of administration
262Family arrangements made by beneficiaries of testamentary gift
263Chief executive may vest beneficial interest in administrator
264Recording of certain rights of surviving spouses and partners
265Removal of records of certain rights of surviving spouses and partners
266Court may make special provision relating to income for whāngai descendants and adopted children
267Chief executive to keep succession register
268Instruments or notices issued under Parts 1 to 9 must be provided to chief executive
269Chief Registrar of Māori Land Court to provide certain documents
270Māori land register
271Purpose of Māori land register
272Contents of Māori land register
273Access to Māori land register
274Chief executive may withhold personal information for person’s safety
275Application to chief executive to withhold personal information for person’s safety
276Exceptions to withholding personal information for person’s safety
277Historical and other information in Māori land register to be retained
278Powers to alter Māori land register
279Electronic workspace facilities
280Effect of certification of electronic instrument
281Evidentiary presumptions relating to Māori land register
282Court order to replace lost or destroyed instrument
283Chief executive may replace or reconstitute records
284Copying and imaging of paper instruments for purposes of Māori land register or other statutory purpose
285Māori freehold land status to be recorded on computer freehold register
286Computer freehold register for land that is not Māori freehold land
287Computer freehold register only for entire freehold estate in Māori freehold land
288Change to name of parcel
289Orders, instruments, and notices must be registered
290Registration under Land Transfer Act 1952
291Notation upon registration of certain dispositions
292Registration of land in name of trust or tupuna
293Vesting of land by or under enactment
294Māori land remains affected by existing interests after vesting
295Parcel of Māori freehold land does not vest in the Crown if it has no owner
296Individual freehold interest in Māori freehold land does not vest in the Crown if it has no owner
297Disposition or vesting of land to which roadway provides access
298Unused road may be stopped and vested
299Vesting of stopped road
300Jurisdiction of court for purposes of Parts 1 to 9
301Rights and interests preserved
302Power of court to grant relief in relation to Māori freehold land
303Court may determine claims to ownership, etc, of Māori freehold land
304Court may declare ownership of Māori freehold land if ownership not accurately recorded
305Jurisdiction in respect of certain trusts
306Jurisdiction in proceeding for recovery of land
307Power of court to grant specific performance of leases of Māori freehold land
308Jurisdiction of court under Fencing Act 1978
309Powers of court under Contracts (Privity) Act 1982 and Contractual Remedies Act 1979
310Chief Judge may correct mistakes and omissions
311Applications for exercise of special powers
312Powers of Chief Judge to deal with applications under section 311
313Administrative and consequential matters
314Effect of amendment or cancellation on payments made or trust money
315Deputy Chief Judge may exercise special powers of Chief Judge
316Māori customary land not available for enforcing judgment against debtor
317Māori freehold land not available for enforcing judgment against debtor
318Māori freehold land available in bankruptcy
319Reasonable access to landlocked Māori land
320No court order for division of Māori land among co-owners
321Exclusion of interests in Māori land founded on adverse possession
322Giving of notices
323Notices to owners of Māori customary land
324Notices to owners of Māori freehold land
325Time for responding to notices
326Regulations
327Regulations relating to governance agreements
328Purpose
329Interpretation
330Chief executive to provide dispute resolution services
331How dispute resolution process initiated
332When dispute resolution process must begin
333Role of kaitakawaenga
334Conduct of dispute resolution process
335Parties may confer powers of recommendation or decision on kaitakawaenga
336Successful dispute resolution outcome
337Unsuccessful dispute resolution outcome
338Status of dispute resolution services
339Independence of kaitakawaenga
340Chief executive may issue general instructions
341Judge may refer dispute for dispute resolution
342Parties to refer disputes for dispute resolution before court may proceed
343Interpretation
344Transitional, savings, and related provisions
345Act binds the Crown
346Māori Land Court continued
347Administration of court
348Court districts
349Seal of court
350Interpretation
351Advisory jurisdiction of court
352Jurisdiction of court to make determinations
353Procedural provisions in Schedule 6 apply
354Interpretation
355Advisory jurisdiction of court
356Jurisdiction of court to make determinations
357Procedural provisions in Schedule 7 apply
358Governor-General may confer special jurisdiction
359Orders for payment of money held in trust
360Additional members for purposes of court’s special jurisdiction
361Reference to court for inquiry
362Additional members for purposes of inquiry
363Additional members in relation to matter of tikanga Māori
364Application
365Oath to be taken by additional member
366Fees and allowances
367Quorum and decisions
368Questions undecided referred to Māori Appellate Court
369Exercise of jurisdiction generally
370Powers of court may be exercised by any Judge
371Powers of Registrars
372Power of Judge to refer matter to Registrar
373Power to remove proceedings to another court
374Power to award interest on debt or damages
375Equitable relief
376Decisions and orders to be pronounced in open court, and minute recorded
377Formal requirements and commencement of orders
378Rehearings
379Judges and officers of court appointed under the Te Ture Whenua Maori Act 1993
380Māori Appellate Court continued
381Constitution of court
382Officers of Māori Land Court to be officers of Māori Appellate Court
383Seal
384Appeals from Māori Land Court
385Who can bring appeal against final decision or order of Māori Land Court
386Appeals against provisional determinations of Māori Land Court
387Māori Land Court may state case for Māori Appellate Court
388High Court may state case for Māori Appellate Court
389Additional members with knowledge and experience in tikanga Māori
390Quorum and decision of court
391Further appeal to Court of Appeal from Māori Appellate Court
392Direct appeal to Supreme Court from Māori Appellate Court in exceptional circumstances
393Commencement of orders
394Successive appeals about same matter
395Appeals to be by way of rehearing
396Powers of court on appeal
397Decision of majority to be decision of court
398Application and interpretation
399Conduct of proceedings generally
400Judicial conferences and directions
401Parties and witnesses may use Māori language
402Evidence in proceedings
403Representation of parties, etc
404Court may correct defects or errors in proceedings
405Case may be stated for High Court
406Court must give notice before making order on own initiative
407Jurisdiction to issue injunctions
408High Court may enforce injunctions
409Orders may be made subject to conditions
410Orders not invalid for want of form, etc
411Orders nominally in favour of deceased persons
412Persons bound by orders affecting land
413Orders affecting Māori land conclusive after 10 years
414Costs orders
415Security for costs
416Taxation of costs
417Enforcement of judgments and orders relating to money, land, or chattels
418Charging orders
419Appointment of receiver to enforce charges, etc
420Functions and powers of receiver
421Discharge of receiver
422Court may order repayment out of money held by trustee, etc
423Amendment of orders, warrants, etc
424Amendment or cancellation of orders not to affect acquired rights
425Judge may convene judicial settlement conference
426Contempt of court
427Appointment of Judges
428Attorney-General to publish information concerning appointment process
429Judge not to undertake other employment or hold other office
430Protocol relating to activities of Judges
431Judges act on full-time basis but may be authorised to act part-time
432Chief Judge and deputy
433Delegation to Deputy Chief Judge
434Appointment of temporary Judges
435Former Judges
436Certificate by Chief Judge and 1 other Judge prerequisite
437Tenure of office
438Judges to have immunities of High Court Judges
439Salaries and allowances of Judges
440Rules Committee continued
441Fees and travelling allowances
442Principal function of Rules Committee
443Rules of court
444Regulations
445Practice notes
446Māori Land Court Special Aid Fund
447Court may create charges over property
448Information regarding reserved judgments
449Recusal guidelines
450Judge may make order restricting commencement or continuation of proceeding
451Grounds for making section 450 order
452Terms of section 450 order
453Procedure and appeals relating to section 450 orders
454References to Judge in sections 450 to 453
455Overview
456Repeal
457Revocations
458Consequential amendments to other enactments
459Principal Act
460Section 446 amended (Council may cover in watercourse so as to make it a public drain)
461Principal Act
462Section 2 amended (Interpretation)
463Section 48 amended (Powers of Minister over roads under Minister’s control)
464Section 50 amended (Owner or occupier of land not to cause damage to bridge by removal of stone, etc)
465Section 55 amended (Removal of trees, hedges, etc, that obscure visibility or interfere with public work)
466Section 61 amended (Powers and duties of Agency in relation to State highways)
467Section 74 amended (Land may be temporarily occupied)
468Section 76 amended (Access to land cut off from road or separated by motorway)
469Principal Act
470New section 19A inserted (Alternate Land Valuation Tribunals for matters under specified enactments)
19AAlternate Land Valuation Tribunals for matters under specified enactments
471Amendments to Rating Valuations Act 1998
472New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
473Sections 53 and 54 and cross-heading repealed
474Schedules 1 and 2 replaced
475Amendments to Local Government (Rating) Act 2002
476New section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
477New Schedule 1AA inserted
478Amendments to Local Government Act 2002
479Schedule 1AA amended
480Amendments to Rating Valuations Act 1998
481Section 2 amended (Interpretation)
482Section 5 amended (Valuer-General may make rules setting requirements in relation to valuations and district valuation rolls)
483New section 22 inserted (Whenua Māori adjusted values for rating unit of Māori freehold land)
22Whenua Māori adjusted values for rating unit of Māori freehold land
484New section 52A inserted (Regulations about whenua Māori adjusted values for Māori freehold land)
52ARegulations about whenua Māori adjusted values for Māori freehold land
485Amendments to Local Government (Rating) Act 2002
486Section 5 amended (Interpretation)
487Section 27 amended (Rating information database)
488Cross-heading above section 114 replaced
489New section 117AA inserted (Write-off of rates)
117AAWrite-off of rates
490Schedule 1 amended
491Schedule 3 amended
492Amendments to Local Government Act 2002
493Section 102 amended (Funding and financial policies)
494New section 110A inserted (Policy on non-rateability of unused Māori freehold land and on write-off of earlier rates)
110APolicy on non-rateability of unused Māori freehold land and on write-off of earlier rates
495New Schedule 11A inserted
Legislative history

The Parliament of New Zealand enacts as follows: