This Supplementary Order Paper amends Te Ture Whenua Māori Bill.
This note explains the main substantive amendments. Other amendments are minor and technical, sometimes clarifying something, changing the drafting style, improving consistency within the Bill, updating provisions because of new legislation, or correcting an error.
Clause 2 is amended so that the provisions of the Bill that may commence by Order in Council (which is most of the Bill) will commence no later than 18 months after the date of Royal assent.
Clause 16 is amended to impose a participation threshold, which requires that a minimum number of owners participated in a decision to change Māori customary land to Māori freehold land.
Clauses 32 and 36 are amended to impose participation thresholds, which require that a minimum number of owners participated in certain decisions about whenua tāpui over Māori customary land.
Clause 43 is amended to prevent a lease from being varied to apply to additional land reserved as a whenua tāpui. Instead, the lease may be surrendered and a new lease granted.
Clause 59 is amended to remove reference to descendants who are yet to be born because its inclusion is unnecessary; those persons are already included in the meaning of descendants.
New clause 64A is inserted to provide for whānau trusts to be recorded under the Land Transfer Act 2017.
Clause 70 is amended to specify that an application to the court to enforce the obligations of trustees may be made by the chief executive, or a trustee or beneficiary of the trust.
Clause 71B is deleted and clause 71C is amended. The effect of these changes is to simplify the vesting of beneficial interests and other trust property after the termination of a whānau trust. The same rules will apply to vesting of both beneficial interests and other property (and whether the property is held by the trust since its establishment or acquired afterwards). However, trust property that is a freehold estate in a parcel of Māori freehold land can only vest in a preferred recipient of the land.
Clause 134 is amended to prevent a lease, licence, profit à prendre, mortgage, or charge from being varied to apply to additional Māori freehold land. Instead, the interest may be surrendered or discharged and a new interest granted.
Clause 142 is amended so that the instrument required by the Land Transfer Act 2017 and its regulations must be used for a disposition to be registered or noted under that Act. There are exceptions for special dispositions provided for in the Bill, such as partitions. The instrument required by regulations under the Bill must be used for those.
Clause 148 is amended to limit what the court can do if it makes an order that a disposition did not comply with legislative requirements. The court is prevented from making another order that will result in a person losing their registration as the owner of an estate or interest under the Land Transfer Act 2017. But an order can have that result if the owner of an individual freehold interest in Māori freehold land was not entitled to be sold or gifted the interest.
Clause 157 is amended so that, if part of a parcel of Māori freehold land is reserved as a whenua tāpui, the owners may appoint a governance body for the rest of the parcel. This is an exception to the normal rule under which a governance body may only be appointed for an entire parcel of Māori freehold land.
Clause 159A is amended by deleting references to rules of equity. This is done on the basis that rules of equity are also rules of law and so do need to be specifically referred to. These deletions are not intended to change the effect of this clause.
Clause 174 is amended to specify the level of owner support needed to propose the revocation of a governance body’s appointment for land that is held in collective ownership.
Clause 175 is amended to enable the court to appoint a kaiwhakahaere for a governance body that—
is a rangatōpū in the form of a body corporate, but which loses its status as a body corporate; or
is an existing statutory body or a representative entity that ceases to exist.
New clauses 185A to 185C relate to clause 184(2), which requires a governance body to have at least 3 kaitiaki at all times (the number requirement). New clauses 185A to 185C provide for a governance body to avoid, in certain circumstances, a transaction entered into by the body during a period of non-compliance with the number requirement. This replaces a provision previously contained in clause 6(3) of Schedule 4, which required a governance agreement to contain a provision invalidating contracts or obligations entered into during periods of non-compliance with the number requirement.
Clause 186 is amended to specify the level of owner support needed to apply to the court to investigate the appointment of a kaitiaki where all or some of the land managed under the relevant governance agreement is held in collective ownership.
Clause 188 is amended so that it no longer provides for the court to review decisions to appoint kaitiaki. It is unnecessary for clause 188 to provide for this because the court is able to investigate appointments of kaitiaki under clause 186.
Clause 188 is also amended to specify the level of owner support needed to apply to the court for a review of certain decisions relating to appointing, or revoking the appointment of, a governance body for a parcel of land that is held in collective ownership.
Clause 192 is amended to give a kaiwhakahaere most of the powers specified in Schedule 6 of the Companies Act 1993 if the kaiwhakahaere is appointed to oversee the preparation and implementation of a full distribution scheme. The powers include the power to dispose of property other than Māori freehold land.
Clause 216 relates to court orders requiring information about the management of a governance body to be produced or appointing an examining officer to investigate a body’s affairs. The amended clause specifies the level of owner support needed to apply for either kind of order where all or some of the land managed under the relevant governance agreement is held in collective ownership.
New clause 236A enables a Māori incorporation to share information from its share register with the chief executive for the purpose of maintaining consistency between the share register and the Māori land register. This overrides Part 7 of the Privacy Act 1993, which relates to personal information kept in public registers. Schedule 8 (consequential amendments to other enactments) is also amended so that a share register of a Māori incorporation, which is currently a public register for the purposes of the Privacy Act 1993, will remain so.
Clause 237 is amended to provide for a Māori incorporation to keep its share register even it chooses to become a rangatōpū.
Clause 240 is amended to make it explicit that a provision in a will that purports to dispose of a beneficial interest in a whenua tāpui in breach of the provisions of the Bill is void and the owner is intestate in relation to it.
Clause 243 is amended to make it clear that interests in Māori customary land, freehold interests in Māori freehold land, and beneficial interests in the freehold estate in a Māori reserve are not available to pay the debts of a person’s estate.
Clause 299 is amended to impose a participation threshold, which requires that a minimum number of owners of Māori customary land participated in a decision to have adjoining stopped road vested in them.
Clause 310 is amended to limit the Chief Judge’s power to make an order correcting a mistake or omission. The limitation is the same as in the amendment to clause 148.
Clauses 316 and 317 are amended to prevent enforcement of a fine, penalty, sentence of reparation, or order for payment of money against an interest in Māori land.
New clause 458A is inserted to make consequential amendments to various land transfer enactments if Te Ture Whenua Maori Act 1993 is repealed before the Land Transfer Act 1952 is repealed by the Land Transfer Act 2017.
New clauses 458B to 458E extend the jurisdiction of the Māori Land Court. The court’s jurisdiction is extended to determine applications under the Family Protection Act 1955 or Law Reform (Testamentary Promises) Act 1949 that relate to the estate of a deceased owner of Māori freehold land.
New clauses 479A and 479B amend the Rates Rebate Act 1973 so that its definitions work when a separate rating area with a qualifying dwelling on Māori freehold land is treated as a rating unit by new section 98C of the Local Government (Rating) Act 2002 (see new clause 487B).
New clause 486A inserts a new section 8A into the Local Government (Rating) Act 2002, which relates to Māori freehold land that is subject to a kawenata tiaki whenua (a type of covenant created under the Bill). The Māori Land Court may determine whether the land is the type of place stated in the purpose of the kawenata tiaki whenua. The determination is needed for the land to be non-rateable under new clause 12A of Part 1 of Schedule 1 of that Act (see clause 490), but does not affect the kawenata tiaki whenua in any other way.
New clause 486B inserts a new section 20A into the Local Government (Rating) Act 2002. The new section requires a local authority to treat 2 or more rating units as 1 unit for setting a rate if certain requirements are satisfied. The rating units must be derived from the same original Māori land block, be used jointly as a single unit, and include some Māori freehold land.
New clause 487B inserts new sections 98A to 98E into the Local Government (Rating) Act 2002. The new sections allow a rating unit of Māori freehold land in multiple ownership to be divided into separate rating areas. A separate rating area must have a dwelling that is separately owned and used. A separate rating area is treated as if it were a rating unit for certain purposes. The main effect is that rates are apportioned for each separate rating area and the owner of a dwelling may apply for a rebate on their rates.
Clause 490 is amended to change the amendments to Part 1 of Schedule 1 of the Local Government (Rating) Act 2002, which lists types of non-rateable land. New clause 12 is amended to change the types of whenua tāpui it covers. New clause 12A is inserted to cover kawenata tiaki whenua that the Māori Land Court has determined are the type of place stated in their purpose (see new clause 486A), with certain land excluded. New clause 13 is changed so that marae land includes 2 residential premises nominated by the marae’s representative body. New clause 13AA is inserted to cover land that is used for papakāinga housing in association with a marae and that is non-rateable in accordance with a policy adopted under new section 102(3)(e) of the Local Government Act 2002 (see clause 493).
Clause 493 is amended to change new section 102(3) of the Local Government Act 2002 to let a local authority adopt a policy on the non-rateability of land used for papakāinga housing in association with a marae.
Clause 494 is amended to insert new section 110B into the Local Government Act 2002. The new section specifies requirements for a policy adopted on the non-rateability of land used for papakāinga housing in association with a marae.
New clause 497 inserts new section 16A into the Public Works Act 1981. The new section requires an authority to consider certain matters, and be satisfied that it is reasonably necessary, before acquiring or taking Māori land under that Act.
New clause 498 amends section 40 of the Public Works Act 1981 so that land offered back and sold under that section becomes Māori freehold land if it was Māori land when it was acquired or taken.
New clause 499 replaces section 41 of the Public Works Act 1981. The new section is wider. It applies to land under section 40(2) of that Act that was Māori land immediately before it was taken or acquired. The new section also allows the Māori Land Court to have a Land Valuation Tribunal determine the price to be paid for land before the court makes an order vesting the land as Māori freehold land in new owners under the Bill. Under new section 19A(3)(g) of the Land Valuation Proceedings Act 1948 (inserted by clause 470), a Judge of the Māori Land Court is Chairman of the Tribunal for these purposes.
New clause 500 amends section 62 of the Public Works Act 1981 to ensure that Māori freehold land is valued under that section as if it were other private land.
New clause 501 inserts new section 72DA into the Public Works Act 1981. The new section applies new provisions of that Act with modifications. The modifications relate to Māori freehold land that has been notified under that Act and that contains 2 or more separately owned residential dwellings. The effect is that the owner of a dwelling may receive additional compensation if the land with the dwelling is taken or acquired.
New clause 32A of Schedule 1 applies to a freehold interest in Māori freehold land that, on commencement, is owned by a person who is not associated with the land in accordance with tikanga Māori. The new clause lets that initial owner sell or gift the interest to the owner’s children despite them not being preferred recipients. The new clause also treats the children as eligible beneficiaries if the initial owner dies intestate.
Clause 38 of Schedule 1 is amended to impose a participation threshold, which requires that a minimum number of owners of Māori customary land participated in a decision to have adjoining cancelled roadway vested in them.
New clauses 6A, 10A, 15A, and 19A of Schedule 3 relate to the appointment of kaitiaki for a proposed governance body. The new clauses provide for the kaitiaki to be appointed in accordance with the governance agreement that has been approved by the owners of the Māori freehold land. The new clauses replace clauses 5, 9, 14, and 18, which provided for the appointments to be made in accordance with governance agreement provisions set out in regulations.
Clause 13 of Schedule 4 is amended to provide for how a class of collective owners may agree to a lease of Māori freehold land for general purposes for more than 52 years.
Departmental disclosure statement
Te Puni Kōkiri is required to prepare a disclosure statement to assist with the scrutiny of this Supplementary Order Paper. It provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.
Regulatory impact statement
Te Puni Kōkiri produced a regulatory impact statement on 9 March 2017 to help inform the new policy decisions taken by the Government relating to the contents of this SOP.
A copy of the regulatory impact statement can be found at—