Supplementary Order Paper No 559

No 559

House of Representatives

Supplementary Order Paper

Wednesday, 22 July 2020

Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill

Proposed amendments

Joanne Hayes, in Committee, to move the following amendments:

Clause 21

In clause 21(4), after new section 108(2AA) (page 17, after line 7), insert:

(2AB)

Despite subsection (2), where a child who is a whangai has made an election under section 115(2B), any disposition by will under this section to the child by the parents that the election or determination was not in favour of has no effect.

Clause 23

In clause 23, after new section 109(2) (page 18, after line 13), insert:

(3)

Where a child who is a whangai has made an election under section 115(2B), the child is ineligible to succeed to any interest under this section of the parents that the election or determination was not in favour of.

Clause 28

In clause 28, after new section 115(2) (page 21, after line 29), insert:

(2A)

Subsection (2B) applies if the court determines that a relationship of descent exists between a child who is a whangai and both of the following types of parent:

(a)

the child’s birth parents (as defined by section 2 of the Adult Adoption Information Act 1985):

(b)

the child’s new parents after they became a whangai.

(2B)

Where this subsection applies, the court—

(a)

must, prior to making an order under this section, require the child who is a whangai to elect which type of parent they wish to succeed to any beneficial interest in any Maori freehold land belonging to the estate of that type of parent; and

(b)

may only make an order under this section in respect of that type of parent.

Explanatory note

This Supplementary Order Paper (SOP) amends Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill. It would prohibit whāngai children from “double dipping” – that is, succeeding to both their birth parents and their whāngai parents. It is intended to resolve an issue of fairness in the Bill as drafted. Presently, whāngai children would have the opportunity to succeed to both their birth parents’ land and their whāngai parents’ land. This puts non-whāngai children at a disadvantage, as they could only succeed to their birth parents’ land. The SOP would insert provisions to ensure that whāngai children can either succeed to their whāngai parents’ land or to their birth parents’ land, but not both.