An Act to make provision in relation to the establishment of the Ministry of Maori Development and to abolish the Iwi Transition Agency and the Ministry of Maori Affairs

1 Short Title and commencement

(1)

This Act may be cited as the Ministry of Maori Development Act 1991.

(2)

This Act shall come into force on 1 January 1992.

2 Interpretation

In this Act, unless the context otherwise requires,—

Maori means a person of the Maori race of New Zealand; and includes a descendant of any such person

Ministry of Maori Development means the Ministry of Maori Development that, by virtue of the State Sector Order 1991, becomes, on 1 January 1992, a department of the public service.

Section 2 Ministry of Maori Development: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

3 Act to bind the Crown

This Act shall bind the Crown.

4 Name of Ministry of Maori Development

The name of the Ministry of Maori Development is, in the Maori language, Te Puni Kokiri.

5 Particular responsibilities of Ministry of Maori Development

(1)

The responsibilities of the Ministry of Maori Development include—

(a)

promoting increases in the levels of achievement attained by Maori with respect to—

(i)

education:

(ii)

training and employment:

(iii)

health:

(iv)

economic resource development:

(b)

monitoring, and liaising with, each department and agency that provides or has a responsibility to provide services to or for Maori for the purpose of ensuring the adequacy of those services.

(2)

The responsibilities of the Ministry of Maori Development under subsection (1) are in addition to the other responsibilities conferred on that Ministry from time to time.

(3)

Nothing in this section limits the provisions of the Treaty of Waitangi Act 1975 or of any other Act.

6 Vesting in Ministry of Maori Development of rights, etc, of Iwi Transition Agency and Ministry of Maori Affairs

(1)

All rights (including, but not exclusively, any rights of ownership or possession), powers, duties, liabilities, directions, and contracts (other than contracts of employment) exercisable by, vested in, or binding on the Crown in right of the Iwi Transition Agency or the Ministry of Maori Affairs immediately before 1 January 1992 shall, on and from that date, become exercisable by, vested in, or binding on the Crown in right of the Ministry of Maori Development.

(2)

All documents made or things done by or on behalf of the Crown, the Iwi Transition Agency, or the Ministry of Maori Affairs before 1 January 1992 in the exercise of any functions, powers, or duties previously conferred or imposed on the Crown in right of the Iwi Transition Agency or the Ministry of Maori Affairs shall, to the extent that they are subsisting and in force on that date, continue to have effect for all purposes in all respects as if they had been made or done by the Crown in right of the Ministry of Maori Development.

7 Existing employees

(1)

Notwithstanding any other provision of this Act or any provision of the State Sector Act 1988,—

(a)

on 1 January 1992 every person who, immediately before that date, is employed in the Iwi Transition Agency or the Ministry of Maori Affairs (other than a person whose employment in that Agency or Ministry would have ceased, even if this Act had not been passed, with the close of 31 December 1991) shall become a person employed in the Ministry of Maori Development; and

(b)

the terms and conditions of employment of every person who, by virtue of paragraph (a), becomes a person employed in the Ministry of Maori Development shall, until varied or until a new contract of employment is entered into, be based on the employment contract that applied to that person immediately before 1 January 1992 in respect of that person’s employment in the Iwi Transition Agency or the Ministry of Maori Affairs.

(2)

For the purposes of every enactment, law, award, determination, contract, and agreement at any time relating to the employment of a person who, by virtue of paragraph (a) of subsection (1), becomes a person employed in the Ministry of Maori Development,—

(a)

the contract of employment that applied immediately before 1 January 1992 in respect of that person’s employment in the Iwi Transition Agency or the Ministry of Maori Affairs shall be deemed not to have been broken by that person having so become a person employed in the Ministry of Maori Development; and

(b)

any period recognised by the chief executive of the Iwi Transition Agency or the chief executive of the Ministry of Maori Affairs as continuous service in the Iwi Transition Agency or the Ministry of Maori Affairs shall be deemed to have been a period of continuous service in the Ministry of Maori Development.

(3)

No person who becomes, by virtue of subsection (1)(a), a person employed in the Ministry of Maori Development shall be entitled to any payment or other benefit by reason only of that person having ceased to be a person employed in the Iwi Transition Agency or the Ministry of Maori Affairs.

8 Abolition of Iwi Transition Agency and Ministry of Maori Affairs

The Iwi Transition Agency and the Ministry of Maori Affairs are hereby abolished.

9 Consequential amendments

(1)

The enactments specified in the Schedule are hereby amended in the manner indicated in that schedule.

(2)

Every reference in Parts 2 and 3 of the Maori Affairs Restructuring Act 1989 to the General Manager of the Iwi Transition Agency shall be read as if it were a reference to the chief executive of the Ministry of Maori Development.

(3)

Unless in any case the context otherwise requires, and subject to the provisions of this Act, in any other enactment or in any regulations or in any instrument—

(a)

every reference to the Iwi Transition Agency or the Ministry of Maori Affairs shall be read as a reference to the Ministry of Maori Development:

(b)

every reference to the General Manager of the Iwi Transition Agency or to the chief executive of the Ministry of Maori Affairs shall be read as a reference to the chief executive of the Ministry of Maori Development.

10 Repeals, revocation, and savings

(1)

Amendment(s) incorporated in the Act(s).

(2)

Amendment(s) incorporated in the Act(s).

(3)

The repeal of any enactment by subsection (1) shall not affect any amendments made by any such enactment to any other enactment.

Schedule Consequential amendments

s 9(1)