NgāiTakoto Claims Settlement Act 2015

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Subpart 4—Right of first refusal

Interpretation

153 Interpretation

In this subpart and Schedule 5,—

balance RFR land means land (other than any land vested in, or held in fee simple by, Housing New Zealand Corporation) that—

(a)

is exclusive RFR land or shared RFR land; and

(b)

has been offered for disposal to the trustees of an offer trust—

(i)

as exclusive RFR land or shared RFR land; and

(ii)

in accordance with section 156; and

(c)

has not been withdrawn under section 158; and

(d)

has not been accepted in accordance with section 159

control, for the purposes of paragraph (d) of the definition of Crown body, means,—

(a)

for a company, control of the composition of its board of directors; and

(b)

for another body, control of the composition of the group that would be its board of directors if the body were a company

Crown body means—

(a)

a Crown entity (as defined by section 7(1) of the Crown Entities Act 2004); and

(b)

a State enterprise (as defined by section 2 of the State-Owned Enterprises Act 1986); and

(c)

the New Zealand Railways Corporation; and

(d)

a company or body that is wholly owned or controlled by 1 or more of the following:

(i)

the Crown:

(ii)

a Crown entity:

(iii)

a State enterprise:

(iv)

the New Zealand Railways Corporation; and

(e)

a subsidiary or related company of a company or body referred to in paragraph (d)

dispose of, in relation to RFR land,—

(a)

means—

(i)

to transfer or vest the fee simple estate in the land; or

(ii)

to grant a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer; but

(b)

to avoid doubt, does not include—

(i)

to mortgage, or give a security interest in, the land; or

(ii)

to grant an easement over the land; or

(iii)

to consent to an assignment of a lease, or to a sublease, of the land; or

(iv)

to remove an improvement, fixture, or fitting from the land

exclusive RFR land means land described as exclusive RFR land in part 3 of the attachments to a Te Hiku o Te Ika iwi deed of settlement if, on the RFR date for that land, the land is vested in the Crown or held in fee simple by the Crown or Housing New Zealand Corporation

expiry date, in relation to an offer, means its expiry date under sections 156(1)(a) and 157

NgāiTakoto settlement date means the settlement date under this Act

notice means a notice given under this subpart

offer means an offer by an RFR landowner, made in accordance with section 156, to dispose of RFR land to the trustees of any offer trust

offer trust means the trust specified for each of the following types of RFR land (or land obtained in exchange for the disposal of that land):

(a)

for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement:

(b)

for shared RFR land, Te Rūnanga o NgāiTakoto and the RFR settlement trust for each other relevant iwi that has settled its historical claims under an enactment:

(c)

for balance RFR land, the RFR settlement trust for each remaining iwi

other relevant iwi means the iwi named in the column headed “Other Relevant Iwi” for each entry of shared RFR land in the table in part 3 of the attachments

public work has the meaning given in section 2 of the Public Works Act 1981

recipient trust means the trust specified for each of the following types of RFR land (or land obtained in exchange for the disposal of that land):

(a)

for exclusive RFR land, the RFR settlement trust of a Te Hiku o Te Ika iwi that has a right to exclusive RFR land under its deed of settlement:

(b)

for shared RFR land and balance RFR land, the offer trust whose trustees accept an offer to dispose of the land under section 159

related company has the meaning given in section 2(3) of the Companies Act 1993

remaining iwi means a Te Hiku o Te Ika iwi that has settled its historical claims under an enactment but has not received an offer for that RFR land

RFR date means the date on which the RFR period commences, as the case may be,—

(a)

for the exclusive RFR land:

(b)

for the shared RFR land

RFR land has the meaning given in section 154

RFR landowner, in relation to RFR land,—

(a)

means—

(i)

the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and

(ii)

a Crown body, if the body holds the fee simple estate in the land; and

(b)

includes a local authority to which RFR land has been disposed of under section 162(1); but

(c)

to avoid doubt, does not include an administering body in which RFR land is vested—

(i)

on the RFR date for that land; or

(ii)

after the RFR date for that land, under section 163(1)

RFR period means,—

(a)

for exclusive RFR land, a period of 172 years from the settlement date of an iwi granted a right to exclusive RFR land; and

(b)

for balance RFR land, a period of 172 years from the settlement date; and

(c)

for shared RFR land,—

(i)

a period of 172 years from the NgāiTakoto settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the NgāiTakoto settlement date; or

(ii)

if the settlement date for each of the other relevant iwi has not occurred on or before the NgāiTakoto settlement date, a period of 172 years from the earlier of—

(A)

the date that is 24 months after the NgāiTakoto settlement date; and

(B)

the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment

RFR settlement trust means,—

(a)

for Ngāti Kuri, the Te Manawa O Ngāti Kuri Trust; and

(b)

for Te Aupouri, the Te Rūnanga Nui o Te Aupouri Trust; and

(c)

for NgāiTakoto, Te Rūnanga o NgāiTakoto; and

(d)

for Te Rarawa, Te Rūnanga o Te Rarawa; and

(e)

for Ngāti Kahu, the Ngāti Kahu governance entity established to receive redress from the Crown in settlement of the Ngāti Kahu historical claims

shared RFR land means land listed as shared RFR land in part 3 of the attachments if the land is vested in the Crown or held in fee simple by the Crown or Housing New Zealand Corporation on—

(a)

the NgāiTakoto settlement date, if the settlement date for each of the other relevant iwi has occurred on or before the NgāiTakoto settlement date; or

(b)

if the settlement date for each of the other relevant iwi has not occurred on or before the NgāiTakoto settlement date, the earlier of—

(i)

the date that is 24 months after the NgāiTakoto settlement date; and

(ii)

the settlement date for the last of the other relevant iwi to settle their historical claims under an enactment

subsidiary has the meaning given in section 5 of the Companies Act 1993.