New Zealand Legislation: Acts

21 Recognition of mandated iwi organisation of withdrawing group

• (1) Despite section 13(2), if a withdrawing group notifies in accordance with section 20(2)(a) its intention to withdraw from a joint mandated iwi organisation, Te Ohu Kai Moana Trustee Limited must recognise under section 13(1) a mandated iwi organisation for the withdrawing group if the withdrawing group has set up an organisation that meets—

  • (a) the criteria of section 14 (other than section 14(d)(ii)); and

  • (b) the following further criteria:

    • (i) it has on its register of iwi members no fewer than the minimum number of persons specified in column 4 of Schedule 3, in the proportion that the amount attributed to the withdrawing group under section 20(3)(a) represents of the notional iwi population specified in column 2 of Schedule 3, calculated in accordance with the formula—

      	a		× c
      	b

      where—

      a

      is the amount attributed to the withdrawing group under section 20(3)(a)

      b

      is the total notional population for the iwi set out in column 2 of Schedule 3

      c

      is the minimum number of members specified in column 4 of Schedule 3; and

    • (ii) it has an asset-holding company, as required by section 12(1)(d).

  (2) Despite subsection (1), if a group has withdrawn from a joint mandated iwi organisation as provided for under section 20, settlement assets must be distributed under section 36(1)(f)(ii), allocated and transferred under section 43 or Part 3, or payments must be made under section 84(1)(g) or section 96(1)(g), as the case may be, to the relevant joint mandated iwi organisation as if no group had withdrawn from that joint mandated iwi organisation.