Whanganui Iwi (Wanganui Whanganui (Kaitoke) Prison and Northern Part of Wanganui Whanganui Forest) On-account Settlement Bill

  • enacted

Whanganui Iwi (Wanganui (Kaitoke) Prison and Northern Part of Wanganui Forest) On-account Settlement Bill

Government Bill

67—2

As reported from the Māori Affairs Committee

Commentary

Recommendation

The Māori Affairs Committee has examined the Whanganui Iwi (Wanganui (Kaitoke) Prison and Northern Part of Wanganui Forest) On-account Settlement Bill, and recommends that it be passed with the amendments shown.

Introduction

The Whanganui Iwi (Wanganui (Kaitoke) Prison and Northern Part of Wanganui Forest) On-account Settlement Bill is intended to give effect to certain provisions of the Deed of On-account Settlement relating to the transfer of assets in an on-account settlement of the historical claims of Whanganui Iwi.

The amendments we recommend to this bill relate mainly to the spelling of Whanganui. Other amendments are minor and technical. The amendments have been agreed to by all parties to the settlement.

Spelling of Whanganui

We heard from the Southern Whanganui Cluster Working Party that they strongly feel that the spelling of Whanganui should be with an “h”. On 18 December 2009, the Minister of Land Information announced his decision to assign the alternative official geographic names “Whanganui” and “Wanganui”, and stated his expectation that Crown agencies would adopt the “Whanganui” form over time. We also strongly feel that Whanganui should be spelt with an “h”. Accordingly, we recommend amending the spelling of “Wanganui (Kaitoke) Prison” and “Northern Part of Wanganui Forest” to “Whanganui (Kaitoke) Prison” and “Northern Part of Whanganui Forest” throughout the bill with the exception of the reference in clause 4 to the Corrections (Wanganui (Kaitoke) Prison) Notice 2008, but including clause 1, the title clause.

We note that these amendments would not have the effect of changing any existing status in relation to the prison site or forest. In particular, they do not change the legal name of the prison given by the Corrections (Wanganui (Kaitoke) Prison) Notice 2008 or require any change to the administrative records or signage relating to the forest land held by the Ministry of Agriculture and Forestry.

Appendix

Committee process

The Whanganui Iwi (Wanganui (Kaitoke) Prison and Northern Part of Wanganui Forest) On-account Settlement Bill was referred to the committee on 19 November 2009. The closing date for submissions was 15 January 2010. We received and considered one written and one oral submission from the Southern Whanganui Cluster Working Party, which included holding a hearing in Marton.

We received advice from the Office of Treaty Settlements and the Parliamentary Counsel Office.

Committee membership

Hon Tau Henare (Chairperson)

Simon Bridges

Kelvin Davis

Hone Harawira

Hon Parekura Horomia

Paul Quinn

Hon Mita Ririnui

Te Pire Whakataunga i te Whare Herehere o (Wanganui (i Kaitoke) me te Wāhi ki te Raki o te Ngāherehere o Wanganui) mō te Iwi o Whanganui

Pire Kāwanatanga

67—2

Te pūrongo nā Te Komiti mō ngā Take Māori i tuhi

Ngā Kōrero

Tūtohutanga

Kua āta tirohia e te Komiti Whiriwhiri Take Māori te Pire Whakataunga i te Whare Herehere o (Wanganui (i Kaitoke) me te Wāhi ki te Raki o te Ngāherehere o Wanganui) mō te Iwi o Whanganui, ā, ka tūtohu kia whakamanatia me ngā whakatikatika kua oti te whakaatu.

Kupu Whakataki

E mea ana te Pire Whakataunga i te Whare Herehere o (Wanganui (i Kaitoke) me te Wāhi ki te Raki o te Ngāherehere o Wanganui) mō te Iwi o Whanganui, kia whakamanahia ētahi ake wāhanga o te Whakaaetanga Whakataunga mō te whakawhitinga o ngā hua i roto i te whakataunga o ngā kerēme hītori a te Iwi o Whanganui.

Ka pā te nuinga o ngā whakatikatika ka tūtohu mātou mō te pire nei ki te pūngakupu o Whanganui. He ririki, he hangarau noa ētahi atu whakatikatika. Kua whakaae ngā rōpū katoa ki te whakataunga.

Pūngakupu o Whanganui

I rongo mātou i te kaha hiahia o te Kāhui Wherawhera Take o Whanganui ki te Tonga, kia whakaurua te “h” ki roto i te pūngakupu o Whanganui. I te 18 o Hakihea 2009, ka whakaputaina e te Minita mō Toitū te Whenua tana whakatau, arā, tua atu i te ingoa Wanganui me whakamahia te ingoa “Whanganui” hei ingoa tūturu i raro i te ture. Ko tāna ka tūmanako mō ngā hinonga Karauna i roto i te haere o te wā, kia kawea e rātou te ingoa o Whanganui. He kaha anō hoki tō mātou hiahia kia whakaurua te “h” ki roto i te pūngakupu o Whanganui. Nā runga i tērā, ka tūtohu mātou kia whakatikaina te pūngakupu o “Wanganui (Kaitoke) Prison” ki “Whanganui (Kaitoke) Prison, kia whakatikaina hoki a Northern Part of Wanganui Forest” ki “Northern Part of Whanganui Forest” puta noa i te pire. Hāunga te Wanganui i Corrections (Wanganui (Kaitoke) Prison) Notice 2008, i rara 4, me waiho tonu te “h” ki waho engari anō tērā i rara 1, te rara mō te taitara, whakaurua te “h”.

Kua kite hoki mātou, kīhai rawa ngā whakatikatika nei e whakarerekē i tētahi tūranga i te wā nei e pā ana ki te wāhi o te whare herehere, o te ngāherehere rānei. Otirā, kāore te ingoa o te whare herehere i raro i te ture nā te Corrections (Wanganui (Kaitoke) Prison) Nōtice 2008 i hoatu, e whakarerekēngia. Kāore rānei he whakarerekētanga e hiahiatia mō ngā tuhinga whakahaere, e hiahiatia rānei ki te ingoa mō te whenua o te ngāherehere kei te puritia e Te Manatū Ahuwhenua, Ngāherehere.

Tāpiritanga

Hātepe komiti

I tonoa te Pire Whakataunga i te Whare Herehere o (Wanganui (i Kaitoke) me te Wāhi ki te Raki o te Ngāherehere o Wanganui) mō te Iwi o Whanganui ki te komiti i te 19 o Whiringa-ā-rangi 2009. Ko te 15 o Kohi-tātea i te tau 2010 te rā i kati ai ngā tāpaetanga. Kotahi te tāpaetanga ā-tuhituhi, kotahi hoki te tāpaetanga ā-waha i whiwhi, i whakaaroarohia hoki e mātou. Nā te Kāhui Wherawhera Take o Whanganui ki te Tonga ēnei. I tū anō hoki he whakawātanga i Marton.

I whiwhi whakamaherehere hoki mātou. Nā te Tari Whakatau Take e pā ana ki te Tiriti o Waitangi me Te Tari Tohutohu Pāremata ēnei.

Ko ngā mema o te komiti, ko

Hōnore Tau Hēnare (Heamana)

Simon Bridges

Kelvin Davis

Hone Harawira

Hōnore Parekura Horomia

Paul Quinn

Hōnore Mita Ririnui

Key to symbols used

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Hon Christopher Finlayson

Whanganui Iwi (Wanganui Whanganui (Kaitoke) Prison and Northern Part of Wanganui Whanganui Forest) On-account Settlement Bill

Government Bill

67—2

  • Preamble

    (1) The Treaty of Waitangi was signed in 1840. The terms of the Treaty of Waitangi in English and Māori are set out in Schedule 1 of the Treaty of Waitangi Act 1975:

    (2) Recitals (3) and (4) of this Preamble present, in summary form, the background to the Deed of On-account Settlement of Historical Claims of Whanganui Iwi in relation to the Whanganui Kaitoke Prison and Part of the Whanganui Forest (the deed of on-account settlement) entered into by Whanganui Iwi and the Crown:

    (3) The agreement between the Crown and the Southern Whanganui Cluster/Tupoho working party (the working party) to enter into an on-account settlement was an outcome of discussions between Ngāti Apa (North Island) and the working party about aspects of the Ngāti Apa (North Island) settlement package as contained in the agreement in principle between Ngāti Apa (North Island) and the Crown (the agreement in principle):

    (4) After Ngāti Apa (North Island) had consulted with neighbouring iwi on the agreement in principle, the Crown and the working party signed the deed of on-account settlement on 31 July 2009. Whanganui Iwi and the Crown agree that the value of the transfer of the assets under the deed of on-account settlement will be taken into account when the Crown makes an offer of redress for the final settlement of the Whanganui Iwi historical claims:

The Parliament of New Zealand therefore enacts as follows:

1 Title

  • This Act is the Whanganui Iwi (Wanganui Whanganui (Kaitoke) Prison and Northern Part of Wanganui Whanganui Forest) On-account Settlement Act 2009.

2 Commencement

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

Part 1
Preliminary provisions

3 Purpose

  • The purpose of this Act is to give effect to certain provisions of the deed of on-account settlement of the Whanganui Iwi historical claims.

4 Interpretation

  • In this Act, unless the context otherwise requires,—

    business day means the period from 9 am to 5 pm on any day of the week other than—

    • (a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

    • (b) a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; and

    • (c) the day observed as the anniversary of the province of Wellington

    Crown has the meaning given to it in section 2(1) of the Public Finance Act 1989

    Crown forestry assets means the meaning given to it in section 2(1) of the Crown Forest Assets Act 1989

    deed of on-account settlement means the deed of on-account settlement of historical claims of Whanganui Iwi in relation to the Whanganui Kaitoke Prison and part of the Whanganui Forest between the working party on behalf of Whanganui Iwi, the trustees of the Pakaitore Trust, and the Crown dated 31 July 2009 and as amended from time to time

    Ngāti Apa agreement in principle means the agreement in principle between Ngāti Apa (North Island) and the Crown dated 12 July 2007

    Ngāti Apa (North Island) has the same meaning given to it in by section 11 of the Ngāti Apa (North Island) Claims Settlement Act 2009

    Ngāti Apa (North Island) Deed of Settlement means the deed of settlement of historical claims between Ngāti Apa (North Island) and the Crown dated 8 October 2008 and as amended from time to time

    northern part of the Wanganui Whanganui Forest means the site described as northern part of the Whanganui Forest (including trees) or northern part of the Whanganui Forest (excluding trees) as applicable in Part 4 of the Schedule of the deed of on-account settlement

    Pakaitore Trust means the whenua tōpū trust established by an order of the Maori Land Court dated 28 February 2007 as amended by order of the Maori Land Court dated 21 July 2009

    trustees means the trustees of the Pakaitore Trust in their capacity as trustees of the Pakaitore Trust

    trustees’ interest in the Wanganui Whanganui (Kaitoke) Prison means an undivided half share in the fee simple estate in the Wanganui Whanganui (Kaitoke) Prison

    unlicensed Crown forest land has the same meaning given to it by section 10 of the Ngāti Apa (North Island) Claims Settlement Act 2009

    Wanganui Whanganui Forest transfer date means the later of—

    • (a) 30 business days after the date on which the working party gives notice in accordance with clause 3.3.2 of the deed of on-account settlement that it elects that the trustees acquire the northern part of the Wanganui Whanganui Forest; or

    • (b) the actual deferred selection settlement date for the Ngāti Apa Wanganui Forest unlicensed Crown forest land under the Ngāti Apa (North Island) Deed of Settlement

    Wanganui (Kaitoke) Prison means the site described as Whanganui Prison in Part 4 of the Schedule of the deed of on-account settlement

    Whanganui (Kaitoke) Prison means the site described as—

    • (a) Whanganui Prison in Part 4 of the Schedule of the deed of on-account settlement; and

    • (b) Wanganui (Kaitoke) Prison in clause 3 of the Corrections (Wanganui (Kaitoke) Prison) Notice 2008

    Whanganui Iwi—

    • (a) means ngā uri o Te Awa Tupua o Whanganui; and

    • (b) includes all descendants of the Tupuna Rohe o Whanganui

    working party means the working party of representatives of the Southern Whanganui Cluster and Te Runanga o Tupoho formed to engage with Ngāti Apa (North Island) on the redress set out in the Ngāti Apa (North Island) agreement in principle.

5 Meaning of Whanganui Iwi historical claims

  • In this Act, Whanganui Iwi historical claims means every claim (whether or not the claim has arisen or been considered, researched, registered, notified, or made by or on the date on which the deed of on-account settlement becomes unconditional under clause 6.1 of that deed) that Whanganui Iwi had at, or at any time before, that date, or may have at any time after that date, and that—

    • (a) is, or is founded on, a right arising—

      • (i) from the Treaty of Waitangi or its principles; or

      • (ii) under legislation; or

      • (iii) at common law (including aboriginal title or customary law); or

      • (iv) from fiduciary duty; or

      • (v) otherwise; and

    • (b) arises from, or relates to, acts or omissions before 21 September 1992—

      • (i) by, or on behalf of, the Crown; or

      • (ii) by or under legislation; but

    • (c) does not include claims relating to the Whanganui River.

6 Act binds the Crown

  • This Act binds the Crown.

Part 2
Transfer of Wanganui Whanganui (Kaitoke) Prison and northern part of Wanganui Whanganui Forest and related matters

7 Northern part of Wanganui Whanganui Forest ceases to be Crown forest land

  • On and from the Wanganui Whanganui Forest transfer date, the northern part of the Wanganui Whanganui Forest ceases to be Crown forest land and any Crown forestry assets associated with that land cease to be Crown forestry assets.

8 Application of Ngāti Apa (North Island) Claims Settlement Act 2009 to transfers

  • (1) Subpart 1 of Part 3 of the Ngāti Apa (North Island) Claims Settlement Act 2009 (which relates to the transfer of commercial redress properties) applies with any necessary modifications to the transfer of the trustees' interest in the Wanganui Whanganui (Kaitoke) Prison and the transfer of the northern part of the Wanganui Whanganui Forest to the trustees, in order to give effect to Parts 2 and 3 respectively of the deed of on-account settlement.

    (2) Subpart 4 of Part 3 of the Ngāti Apa (North Island) Claims Settlement Act 2009 (which relates to access to protected sites) applies with any necessary modifications to the transfer of the northern part of the Wanganui Whanganui Forest to the trustees, in order to give effect to Part 3 of the deed of on-account settlement.

9 Certain enactments do not apply to transfer of northern part of Wanganui Whanganui Forest

  • (1) On and from the Wanganui Whanganui Forest transfer date, nothing in the enactments listed in subsection (2) applies—

    • (a) to the northern part of the Wanganui Whanganui Forest; or

    • (b) for the benefit of Whanganui Iwi.

    (2) The enactments are—

    • (a) sections 8A to 8HJ of the Treaty of Waitangi Act 1975:

    • (b) Part 3 of the Crown Forest Assets Act 1989.

10 Termination of obligations

  • Sections 7 and 8(2) do not apply in respect of the northern part of the Wanganui Whanganui Forest if the Crown's obligations terminate under clause 3.7 of the deed of on-account settlement.

Access to deed of on-account settlement

11 Access to deed of on-account settlement

  • The chief executive of the Ministry of Justice must make copies of the deed of on-account settlement available—

    • (a) for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington on any business day; and

    • (b) free of charge on an Internet site maintained by, or on behalf of, the Ministry of Justice.

Legislative history

25 August 2009Introduction (Bill 67–1)
19 November 2009First reading and referral to Māori Affairs Committee