Hon Dr Michael Cullen, in Committee, to move the following amendments:
Preamble: recital (4)
“86.4%” (line 6 on page 4) and substitute
“13.6%” (line 11 on page 4) and substitute
To omit this clause (lines 22 to 24 on page 4) and substitute the following clause:
(1) Subpart 2 of Part 3 (except sections 34 and 35) and Schedule 4 come into force on a date to be appointed by the Governor-General, by Order in Council, made on the recommendation of the Minister in Charge of Treaty of Waitangi Negotiations and the Minister of Maori Affairs in accordance with section 34.
(2) The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
“CNI Iwi Holdings Limited” (line 31 on page 4) and substitute
Paragraph (a) of the definition of Crown agreed proportion: to omit
“13.6%” (line 16 on page 6) and substitute
Paragraph (a) of the definition of deed of settlement: to omit
“of Treaty Settlements” (line 30 on page 6) and substitute
“in Charge of Treaty of Waitangi Negotiations”.
Definition of deed of settlement: to insert the following paragraph after paragraph (b) (after line 31 on page 6):
Paragraph (a) of the definition of historical claim: to omit
“or part of a claim” (line 37 on page 6).
Paragraph (a)(i) of the definition of historical CNI forests land claims: to omit
“an iwi of the CNI Iwi Collective” (line 21 on page 7) and substitute
“the CNI Iwi Collective or a member of the Collective (or any representative entity)”.
Definition of ongoing rentals: to omit
“Trust” (line 6 on page 8) and substitute
To insert the following definitions in their appropriate alphabetical order:
member of the Collective has the meaning given to it in clause 1.6 of the deed of settlement
representative entity has the meaning given to it in clause 1.7 of the deed of settlement
Subclause (5)(c): to omit
“sections 7 to 12” (lines 36 and 37 on page 9) and substitute
“sections 8 to 12”.
Subclause (6): to omit
“for all or part of the parcel of CNI forests land” (lines 4 and 5 on page 10).
Subclause (6)(a): to insert after
“register” (line 7 on page 10)
“for that parcel of CNI forests land”.
Subclause (6)(c): to omit
“sections 7 to 12” (lines 13 and 14 on page 10) and substitute
“sections 8 to 12”.
Subclause (8): to omit
“subsections (5) and (6)” (line 19 on page 10) and substitute
Subclause (3): to omit
“sections 22 and 23” (line 36 on page 10) and substitute
“sections 22 to 24”.
Subclause (4): to omit this subclause (lines 1 to 9 on page 11) and substitute the following subclause:
“by the deed of settlement” (line 37 on page 11) and substitute
“to fulfil the terms of the deed of settlement in relation to the vesting of the CNI forests land by the Crown in the company”.
Subclause (3): to omit
“a right of way easement over land adjoining the CNI forests land that is owned or administered by the Crown, as required by the deed of settlement” (lines 12 to 15 on page 12) and substitute
“the right of way easements in Part 7 of the deed of settlement”.
To add the following subclause as subclause (5) (after line 18 on page 12):
(5) The permission of a council under section 348 of the Local Government Act 1974 is not required to lay out, form, grant, or reserve a private road, private way, or right of way under this section.
“Clause 6.2” (line 20 on page 12) and substitute
“Despite clause 16.5 of each Crown forestry licence, clause 6.2”.
Subclause (1): to insert after
“Crown Forest Assets Act 1989” (line 34 on page 12)
“and that easement is enforceable in accordance with its terms”.
Subclause (4): definition of Matea easement: to omit
“Part 10 of Schedule 6” (lines 14 and 15 on page 13) and substitute
Subclause (4): definition of public right of way easement: to omit
“Part 7 of Schedule 6” (line 18 on page 13) and substitute
Subclause (4): definition of Tokorangi easement: to omit
“Part 8 of Schedule 6” (lines 19 and 20 on page 13) and substitute
Subclause (4): definition of Whaka easement: to omit
“Part 9 of Schedule 6” (lines 21 and 22 on page 13) and substitute
Subclause (4): definition of Whirinaki easement: to omit
“Part 11 of Schedule 6” (lines 23 and 24 on page 13) and substitute
Definition of Plot Road covenant: to omit
“Part 1 of Schedule 7” (lines 32 and 33 on page 13) and substitute
Definition of Rangitaiki River covenant: to omit
“Part 2 of Schedule 7” (line 35 on page 13) and substitute
“86.4%” (line 34 on page 14) and substitute
To insert after
“by” (line 16 on page 16)
“the transfer to which this section applies and”.
“section 6” (line 1 on page 18) and substitute
“sections 6” (line 23 on page 18) and substitute
To insert after
“settlement of” (line 4 on page 19)
“, or the making of a recommendation under section 22(2) or 23(1) in respect of, ”.
To add (line 6 on page 20)
“, as determined under the deed of trust”.
“registered” (line 10 on page 21) and substitute
To add the following subclause (after line 19 on page 22):
New subpart 1 heading
To insert the following heading (before line 23 on page 22 above clause 30):
“Property” (line 7 on page 23) and substitute
Part 3: new subpart 2
To add the following subpart (after line 7 on page 24):
Subpart 2—Consequential amendments to this Act if Ngāti Rangitihi becomes signatory to deed of settlement
34 Process to apply before this subpart and Schedule 4 may be commenced
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—
35 Expiry of this subpart and Schedule 4
This subpart and Schedule 4 expire with the close of 31 January 2009 if an Order in Council under section 2(1) has not been made by that date.
36 Preamble amended
Recital (4) of the Preamble is amended by—
37 Section 4 amended
(1) Paragraph (a) of the definition of CNI Iwi Collective is amended by inserting the following subparagraph after subparagraph (ii):
(2) The definition of Crown agreed proportion is amended by omitting
“13.3%” and substituting
38 Section 15(1) amended
Section 15(1) is amended by omitting
“86.7%” and substituting
39 Schedule 3 substituted
Schedule 3 is repealed and the Schedule 3 set out in Schedule 4 substituted.
To omit this schedule (line 1 on page 29 to line 36 on page 35) and substitute the following schedule:
(1) In this schedule, CNI Iwi Collective, company, Crown agreed proportion, Crown initial period, deed of settlement, and deed of trust have the meanings given to them in section 4.
(2) In this schedule,—
adjudication means the adjudication process set out in clauses 6(10) to (15) of this schedule
adjudication panel means the adjudication panel comprising at least 3 members appointed in accordance with clause 6(10) of this schedule to determine the dispute
board of the company means the board of directors of the company
iwi means an iwi of the CNI Iwi Collective
final allocation agreement means the document prepared by the company that records the outcome of the resolution process in this schedule
resolution process means the tikanga based resolution process for CNI forests land set out in this schedule.
(3) Terms used, but not defined, in this schedule have the same meaning as in the deed of settlement.
2 Principles of resolution process
(1) The CNI forests land will be allocated to iwi on the basis of mana whenua and the agreements reached between iwi in a kanohi ki te kanohi process or otherwise determined by the resolution process provided for in this schedule.
(2) The CNI Iwi Collective is committed to the iwi deciding upon the allocation of CNI forests land for themselves, on their own terms, answerable to one another.
(3) The iwi acknowledge their commitment to a resolution process that—
(4) Allocation of CNI forests land will be to iwi only, or their nominees (acknowledging that it is up to iwi whether they make their own internal arrangements with hapū or other entities).
(5) The CNI Iwi Collective acknowledges its intention to respect any existing arrangements between iwi and district or regional councils, the Historic Places Trust, or Crown forestry licensees.
3 Governance of process
(1) Each iwi will be represented by their governance entity in the resolution process.
(2) The resolution process will be governed by the company and the governance entities, in their capacity as shareholders in the company.
(3) The governance entities may amend the resolution process from time to time by unanimous resolution, passed in accordance with the procedures set out in the deed of trust.
(4) The company may appoint individuals or committees to undertake particular roles in relation to the resolution process.
(5) The Crown appointed observer to the company is not entitled to attend meetings concerning the resolution process unless they are relevant to the Crown agreed proportion.
(6) The resolution process will be run with set time frames for each stage and be completed by 1 July 2011.
4 Stage 1: Identification of mana whenua interests: 1 July 2009 to 1 October 2009
(1) By 31 August 2009, each iwi will provide maps to the company indicating the extent of their mana whenua interests over the CNI forests land. The area of interest claimed is not constrained by the current legal boundaries of the CNI Crown forestry licence blocks.
(2) The test of mana whenua is the mana that iwi traditionally held and exercised over the land, determined according to tikanga including, but not limited to, such factors as—
(3) Evidence of mana whenua may be derived from whatever sources of knowledge that each iwi considers relevant, including—
(b) written sources, including Native Land Court evidence and decisions, research reports, and other records.
(4) The company will provide all iwi with a full set of the maps provided under subclause (1). The maps will be confidential to the company and the iwi, and may not be disclosed to third parties or used for any other purpose.
(5) By 30 September 2009, the board of the company will identify, based on the maps provided by the iwi under subclause (1) and advice from the Crown,—
(6) Areas of CNI forests land that may be subject to the Crown agreed proportion cannot proceed through the resolution process or be included in the Collective’s final allocation agreement unless and until the Crown has confirmed that the area of land is not part of the Crown agreed proportion. If the Crown does so confirm, the CNI forests land will be subject to the resolution process provided for in this schedule, with any appropriate modifications to the time lines and process determined by the board of the company.
(7) Subject to subclause (6), the company will record in its draft final allocation agreement the agreed allocations under subclause (5)(a) and (b).
(8) Subject to subclause (6), all CNI forests land for which allocation is not agreed will be the subject of the Stage 2 process of negotiation between iwi kanohi ki te kanohi.
5 Stage 2: Kanohi ki te kanohi negotiation: 1 October 2009 to 30 June 2010
(1) Following Stage 1, iwi must embark on kanohi ki te kanohi negotiations with iwi with whom they have overlapping claims, to reach agreement on allocation of the CNI forests land in question.
(2) The process will be kanohi ki te kanohi between iwi and—
(3) The iwi concerned in each process will endeavour to reach consensus on the allocation of the CNI forests land in question, having regard to the strength of the mana whenua interests. Innovative solutions that reflect tikanga, whanaungatanga, manaakitanga and kotahitanga, and the complexity of mana whenua interests could include, but are not limited to—
(4) Minutes of each hui will be taken and confirmed by the iwi participating.
(5) Agreements reached during Stage 2 must be signed in writing by the governance entities of each iwi.
(6) Throughout Stage 2, the board of the company will obtain regular reports from iwi on the progress of negotiations, and consider whether it can facilitate the resolution of any disputes with the agreement of the iwi concerned.
(7) The iwi involved in each kanohi ki te kanohi process may request the appointment of mediators to assist in the Stage 2 process, as set out in clauses 6(7) to (9).
6 Stage 3: Finalising allocation agreement: 1 July 2010 to 30 June 2011
(1) On completion of Stage 2, the board of the company will prepare a further draft of the final allocation agreement, in which it records—
(2) The board of the company may only alter the agreements reached between iwi regarding the allocation of CNI forests land with the consent of the iwi concerned.
(3) The iwi interested in the disputed land will decide whether to refer the dispute to—
(4) If the iwi involved in the dispute cannot reach agreement on which process to follow under subclause (3) by 1 August 2010, the board of the company will decide.
(5) If agreement is not reached through mediation by 30 November 2010, then the dispute will be determined by adjudication.
(6) Following determination of the dispute over any disputed lands, the decision reached will be recorded in the final allocation agreement.
Mediation: to be completed by 30 November 2010
(7) The board of the company may, on the following terms, appoint 1 or more mediators to mediate between the iwi and to endeavour to reach agreement over the disputed land:
(a) the mediators should be fluent in te reo Māori, and have knowledge of, and be skilled in, tikanga based dispute resolution; and
(8) The mediators will decide, in conjunction with the iwi interested in the disputed land, the process to be followed in the mediation.
(9) The mediators will not have power to determine the dispute, but may offer advice of a non-binding nature.
Adjudication: to be completed by 25 June 2011
(10) If a dispute over disputed land is referred to adjudication, the board of the company will appoint an adjudication panel that comprises at least 3 members to determine the dispute. The board will have complete discretion to decide who the members of the panel should be, subject to the following requirements:
(11) The adjudication panel may seek legal advice on process, or legal or other expert advice on any other matter.
(12) The adjudication panel will hear the claims of the iwi interested in the disputed land.
(13) The adjudication panel will have complete discretion to determine the process and timetable for the hearing, subject to the following requirements:
(14) The adjudication panel will reach a decision on allocation of the disputed lands by 25 June 2011, in accordance with the mana whenua test set out at clause 4(2). The adjudication panel will have the power to—
(15) A decision with reasons will be given. The decision of the adjudication panel will be final and binding on all the parties.
7 Final allocation agreement
(1) The board of the company will complete the final allocation agreement by 1 July 2011.
(2) The final allocation agreement will be final and binding.
(3) After 1 July 2011, on receiving a written request from a governance entity, the company will transfer the CNI forests land to that governance entity or nominee in accordance with the final allocation agreement and the deed of trust, provided that—
(b) the ongoing rentals and other income derived from the land will continue to be paid to the company and distributed according to the Collective’s agreed proportions until the Collective’s final allocation date (as defined in the deed of trust). After the Collective’s final allocation date, income will run with the land.
(4) If iwi have acquired satellite CNI forests land (that is, land outside Kaingaroa Forest) and wish to transfer the CNI forests land and the right to the ongoing rentals and other income from the company to the iwi prior to the Collective’s final allocation date, then in order to maintain the principles of fairness and equity—
(5) If for any reason aspects of the final allocation agreement are not finalised, or are subject to litigation, that will not prevent the transfer to iwi after 1 July 2011 of areas of CNI forests land for which final agreement has been reached.
(6) If agreement is reached not to transfer areas of the CNI forests land, or iwi do not request a transfer in writing, then the company will retain title, subject to the vested beneficial entitlement of iwi in accordance with the final allocation agreement and the deed of trust.
(7) On completion of the Crown initial period, any remaining CNI forests land that is vested in the company in accordance with the deed of trust will be subject to the resolution process in this schedule, with any appropriate modifications to the time lines and process determined by the board of the company.
“Ngāi Tuhoe” (line 6 on page 36) and substitute
“Ngāti Tuwharetoa” (line 8 on page 36) and substitute
New Schedule 4
To add the following schedule after Schedule 3 (after line 12 on page 36):
|The Affiliate Te Arawa Iwi/Hapu||15.6125|