New Zealand Legislation: Acts

20 Withdrawal of group from joint mandated iwi organisation

• (1) In addition to the matters required for the constitutional documents of a mandated iwi organisation under section 17, the constitutional documents of a joint mandated iwi organisation must provide,—

  • (a) in the cases of the iwi of Hauraki and the iwi of Te Arawa, for any iwi to withdraw, if it so chooses, from the relevant joint mandated iwi organisation; and

  • (b) in the case of Ngapuhi, for Ngati Hine, if it so chooses, to withdraw from the joint mandated iwi organisation of Ngapuhi; and

  • (c) in the case of Ngati Kahungunu, for Rongomaiwahine, if it so chooses, to withdraw from the joint mandated iwi organisation of Ngati Kahungunu.

  (2) The constitutional documents of each joint mandated iwi organisation must also provide—

  • (a) the process that a withdrawing group must undertake in order to withdraw, including giving notice of its intention to withdraw to—

    • (i) Te Ohu Kai Moana Trustee Limited; and

    • (ii) the relevant joint mandated iwi organisation; and

  • (b) the process for determining, consistently with the provisions of Part 3, the matters set out in subsection (3); and

  • (c) the criteria that must be met by the withdrawing group in order to complete the process of withdrawal, including having a mandated iwi organisation recognised by Te Ohu Kai Moana Trustee Limited in accordance with section 13(1).

  (3) The matters that must be determined by the process provided for under subsection (2)(b) are—

  • (a) the amount of the notional iwi population specified in column 2 of Schedule 3 for an iwi that must, in each case, be attributed to any withdrawing group; and

  • (b) the division of settlement assets that must be made between the joint mandated iwi organisation and a withdrawing group, including the proportion that the withdrawing group is entitled to receive of—

    • (i) the settlement assets of the joint mandated iwi organisation, on the date when the withdrawal is complete; and

    • (ii) other settlement assets that the joint mandated iwi organisation receives—

      • (A) under sections 36(1)(f)(ii), 43, 84(1)(g), and 96(1)(g); and

      • (B) as a consequence of the allocation and transfer of settlement assets under subparts 1 and 2 of Part 3, including quota shares in respect of new species introduced into the quota management system and transferred to Te Ohu Kai Moana Trustee Limited under section 44 of the Fisheries Act 1996.

  (4) In determining the amount of the notional iwi population to be attributed to a withdrawing group under subsection (3)(a) and the proportion of the settlement assets that a withdrawing group must receive under subsection (3)(b), a joint mandated iwi organisation and a withdrawing group may use any relevant information, including the relevant data from the census of 2001 or 2006 (but no other census data).

  (5) If a withdrawing group chooses to withdraw from its joint mandated iwi organisation, it must commence the process of withdrawal, in accordance with the process provided for under subsection (2)(a), not later than 5 years after the recognition of the relevant joint mandated iwi organisation under section 13(1).