Treaty of Waitangi Amendment Bill (No 2)

  • enacted

Treaty of Waitangi Amendment Bill (No 2)

Government Bill

178—2C

As reported from the committee of the whole House

This bill was formerly part of the Māori Purposes Bill (No 2) as reported from the Māori Affairs Committee. The committee of the whole House divided it into the following bills:

  • The Maniapoto Maori Trust Board Amendment Bill, comprising Part 1

  • The Maori Trust Boards Amendment Bill, comprising Part 2 and Schedule 1

  • This bill, comprising Part 3 and Schedules 2 and 3

  • Te Ture Whenua Maori Amendment Bill (No 3), comprising Part 4

Hon Parekura Horomia

Treaty of Waitangi Amendment Bill (No 2)

Government Bill

178—2C

The Parliament of New Zealand enacts as follows:

1 Title

  • This Act is the Treaty of Waitangi Amendment Act (No 2) 2008.

2 Commencement

  • This Act comes into force on the day after the date on which it receives the Royal assent.

·····

14 Principal Act amended

  • This Part amends the Treaty of Waitangi Act 1975.

15 Waitangi Tribunal

  • Section 4(2)(b) is amended by omitting “16” and substituting “20”.

16 Jurisdiction of Tribunal to consider claims

  • Section 6 is amended by repealing subsections (8) to (32) and substituting the following subsection:

    • “(8) Despite anything in this Act or in any other Act or rule of law,—

      • “(a) the jurisdiction of the Tribunal is subject to the enactments listed in Schedule 3; and

      • “(b) without limiting paragraph (a), the Tribunal does not have jurisdiction, in relation to licensed land (within the meaning of the Crown Forest Assets Act 1989) in the takiwā of Ngāi Tahu Whānui, to make a recommendation for compensation or for the return of the land to Māori ownership.”

17 New Schedule 3 added

  • The Schedule 3 set out in Schedule 2 of this Act is added.

18 Consequential amendments

  • The Acts listed in Schedule 3 are consequentially amended in the manner set out in that schedule.

·····

Schedule 2
New Schedule 3 of Treaty of Waitangi Act 1975

s 17

Schedule 3
Enactments to which jurisdiction of Tribunal is subject

s 6(8)(a)

Ngaa Rauru Kiitahi Claims Settlement Act 2005, section 15(3) and (4).

Ngāi Tahu Claims Settlement Act 1998, section 461(3) and (4).

Ngāti Awa Claims Settlement Act 2005, section 15(3) and (4).

Ngāti Mutunga Claims Settlement Act 2006, section 15(2) and (3).

Ngati Ruanui Claims Settlement Act 2003, section 15(3) and (4).

Ngati Tama Claims Settlement Act 2003, section 12(3) and (4).

Ngāti Tūrangitukua Claims Settlement Act 1999, section 9(3) and (4).

Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005, section 15(3) and (4).

Pouakani Claims Settlement Act 2000, section 12(3) and (4).

Te Arawa Lakes Settlement Act 2006, section 15(4) and (5).

Te Uri o Hau Claims Settlement Act 2002, section 17(3) and (4).

Waikato Raupatu Claims Settlement Act 1995, section 9(2).

Schedule 3
Consequential amendments to Treaty of Waitangi Settlement Acts

s 18

Ngaa Rauru Kiitahi Claims Settlement Act 2005 (2005 No 84)

Section 16: omit.

Ngāi Tahu Claims Settlement Act 1998 (1998 No 97)

Section 462: omit.

Ngāti Awa Claims Settlement Act 2005 (2005 No 28)

Section 16: omit.

Ngāti Mutunga Claims Settlement Act 2006 (2006 No 61)

Section 16: omit.

Ngati Ruanui Claims Settlement Act 2003 (2003 No 20)

Section 16: omit.

Ngati Tama Claims Settlement Act 2003 (2003 No 126)

Section 13: omit.

Ngāti Tūrangitukua Claims Settlement Act 1999 (1999 No 118)

Section 10: omit.

Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 (2005 No 72)

Section 16: omit.

Pouakani Claims Settlement Act 2000 (2000 No 90)

Section 13: omit.

Te Arawa Lakes Settlement Act 2006 (2006 No 43)

Section 16: omit.

Te Uri o Hau Claims Settlement Act 2002 (2002 No 36)

Section 18: omit.

Waikato Raupatu Claims Settlement Act 1995 (1995 No 58)

Section 30: omit.

Legislative history

17 April 2008Divided from Māori Purposes Bill (No 2) (Bill 178–1) by committee of the whole House (Bill 178–2C)