The Minister in Charge of Treaty of Waitangi Negotiations and the Minister of Maori Affairs may recommend the making of an Order in Council under section 2(1) only if the Ministers are satisfied, at the time of making the recommendation but by no later than 25 December 2008, that Ngāti Rangitihi has a sufficient level of support for it to—
(a) be a member of the Collective; and
(b) enter into the deed of settlement.