Supplementary Order Paper No 44

No 44

House of Representatives

Supplementary Order Paper

Tuesday, 26 June 2018

Ngāi Tai ki Tāmaki Claims Settlement Bill

Proposed amendments

Hon Andrew Little, in Committee, to move the following amendments:

Clause 12

In clause 12(1), after the definition of RFR land (page 20, after line 4), insert:

right-to-purchase property has the meaning given in section 98

Clause 17

After clause 17(1)(f) (page 24, after line 31), insert:

(fa)

to the right-to-purchase property on and from the date of its transfer to the trustees; or

Clause 18

In clause 18(1)(a)(v), replace “land; and” (page 25, line 14) with “land:”.

After clause 18(1)(a)(v) (page 25, after line 14), insert:

(vi)

the right-to-purchase property; and

In clause 18(2)(c), replace all the words after “section 99,” (page 25, lines 23 and 24) with “for the commercial property, a deferred selection property, or the right-to-purchase property”.

Clause 28

In clause 28(5), after “Minister” (page 30, line 19), insert “of Conservation”.

Clause 53

Replace clause 53(4) (page 43, lines 20 to 23) with:

(4)

A person authorised by the chief executive of the Ministry of Justice must grant a registrable easement for a right of way, a pedestrian right of way, and a right of way and right to park vehicles on the terms and conditions set out in part 11 of the documents schedule.

Clause 66

In clause 66(1), after “the Minister” (page 50, line 17), insert “of Conservation”.

In clause 66(2), after “The Minister” (page 50, line 19), insert “of Conservation”.

In clause 66(4)(b), after “Minister” (page 50, line 31), insert “of Conservation”.

Clause 69

In clause 69(1), after “Minister” (page 51, line 20), insert “of Conservation”.

Clause 87

In clause 87, replace the definition of responsible Minister (page 58, lines 14 to 20) with:

responsible Minister means the 1 or more Ministers who have responsibility under a protocol.

Clause 98

In clause 98, replace the definition of commercial redress property (page 61, line 33 to page 62, line 4) with:

commercial redress property

(a)

means a property described in part 3 of the property redress schedule; but

(b)

does not include a property to which clause 6.11.1 of the deed of settlement applies

In clause 98, after the definition of Papakura property (page 62, after line 16), insert:

right-to-purchase property means the property described in part 3A of the property redress schedule—

(a)

if clause 6.4.1 of the deed of settlement applies; and

(b)

if the requirements for transfer under the deed of settlement have been satisfied for the property

In clause 98, after paragraph (c) of the definition of transfer property (page 62, after line 20), insert:

(d)

the right-to-purchase property.

Schedule 1

In Schedule 1, item relating to Maungarei A, third column, replace “right to park” (page 83) with “right of way and right to park vehicles”.

Explanatory note

This Supplementary Order Paper makes minor technical amendments to the Bar–2 version of the Ngāi Tai ki Tāmaki Claims Settlement Bill.

A group of changes provides for a new category of property within the scope of commercial redress, given that Ngāi Tai ki Tāmaki is likely to settle its claims ahead of the other Hauraki claimants, including—

  • making express reference to the new category of property in clauses 17 and 18:

  • setting out a definition of the new category of property, a “right-to-purchase property” (see clause 98).

Corrections are made where required to identify the Minister of Conservation (see clauses 28, 66, and 69).

Clause 53(4) is amended to specify who will grant the easement. Clause 53(4) and Schedule 1 are amended to correctly describe the rights granted under the easement.

Clause 87 is amended to provide flexibility as to which Minister is empowered to issue a protocol.

In clause 98, the definition of commercial redress property is amended to remove the part of the definition not relevant to Ngāi Tai ki Tāmaki.

Departmental disclosure statement

The Office of Treaty Settlements considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.