Skip to main content
Amendment paper Bill enacted Released 05 March 2025 | Hon Paul Goldsmith

Te Korowai o Wainuiārua Claims Settlement Bill - Amendment paper No 248

Checking for related legislation...
Download (PDF 116 KB)
Search content
Amendment paper Bill enacted Released 05 March 2025 | Hon Paul Goldsmith

Te Korowai o Wainuiārua Claims Settlement Bill - Amendment paper No 248

Checking for alerts...

No 248

House of Representatives

Amendment Paper

Te Korowai o Wainuiārua Claims Settlement Bill

Proposed amendments

Hon Paul Goldsmith, in Committee, to move the following amendments:

New clause 21A

After clause 21 (page 45, after line 7), insert:

21A Treatment of Te Korowai o Wainuiārua Trust under Te Ture Whenua Maori Act 1993

(1)

Te Korowai o Wainuiārua Trust is not a trust constituted in respect of—

(a)

any Maori land for the purpose of section 236(1)(b) of Te Ture Whenua Maori Act 1993; or

(b)

any General land owned by Māori for the purpose of section 236(1)(c) of that Act.

(2)

In this section, Maori land and General land owned by Maori have the meanings given in section 4 of Te Ture Whenua Maori Act 1993.

Clause 36

In clause 36(1), delete “for a period of 20 years” (page 50, line 17).

Clause 122

In clause 122(2), replace “the Minister of Energy and Resources” (page 82, line 4) with “the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of the Crown Minerals Act 1991”.

Clause 123

Replace clause 123(4) (page 82, lines 25 to 27) with:

(4)

In this section and in section 123A, Conservation Board means the Board—

(a)

established under Part 2A of the Conservation Act 1987; and

(b)

whose area of jurisdiction includes the part of the Waimarino and Ruapehu region within the area of interest.

New clause 123A

After clause 123 (page 82, after line 27), insert:

123A Vacancy required for appointment of interim member of Conservation Board

(1)

This section applies if, at the settlement date, the membership of the Conservation Board is at the maximum permitted under section 6P of the Conservation Act 1987.

(2)

A person appointed under section 123(1) does not become a member of the Conservation Board, and their term of appointment does not commence, until a role has become vacant because—

(a)

the term of a member appointed under section 6P(2) of the Conservation Act 1987 has ended; or

(b)

a member appointed under that section has died, resigned, or been removed from office.

(3)

A person must not be appointed as a member of the Conservation Board under section 6P(2) or 6R(4A) of the Conservation Act 1987 to fill a vacancy unless—

(a)

a person appointed under section 123(1) has become an interim member in accordance with subsection (2); or

(b)

the power of appointment has ended under section 123(2).

(4)

To avoid doubt, this section—

(a)

applies despite section 6R(4A) of the Conservation Act 1987; but

(b)

is subject to section 6R(4) of that Act.

Clause 137

Replace clause 137 (page 88, lines 14 to 38) with:

137 Delegations to Ngātokoerua strategic advisory committee

(1)

No later than 12 months after the settlement date, the Minister must delegate, under section 10 of the Reserves Act 1977, the powers and functions under that Act set out in clauses 5.51.14 and 5.51.16 of the deed of settlement to the committee—

(a)

as if they were all powers and functions of the Minister; and

(b)

in accordance with those clauses and clause 5.51.15.

(2)

A delegation of the powers of an administering body made under subsection (1) is made—

(a)

as if that power were held by the Minister under the Reserves Act 1977; and

(b)

despite the fact that there is no administering body for the scenic reserves that make up the Ngātokoerua area of responsibility.

(3)

A delegation of the powers of the Commissioner (as defined in section 2(1) of the Reserves Act 1977) made under subsection (1) is made as if that power were held by the Minister under that Act.

(4)

A delegation made under subsection (1)—

(a)

may be amended or revoked by the Minister if the Minister has satisfied the engagement requirements set out in clause 5.51.17 of the deed of settlement; and

(b)

does not prevent the Minister from exercising a power or function delegated under this section.

Explanatory note

This Amendment Paper replaces clause 137 of the Bill to better reflect—

  • the requirements in the Reserves Act 1977 in relation to the delegation of powers; and

  • provisions in the deed of settlement between the Crown and the trustees of the Te Korowai o Wainuiārua Trust relating to the delegation of powers to the Ngātokoerua strategic advisory committee.

This Amendment Paper also makes technical amendments to clauses 36, 122, and 123 and inserts a new section 21A and a new section 123A. In clause 36, the reference to a 20-year period is inconsistent with section 42AA of the Resource Management Act 1991, which has no time limit for consent authorities to provide relevant information to post-settlement governance entities. The amendment to clause 122 updates the reference to the relevant Minister. The amendment to clause 123 and new section 123A are required because membership of a Conservation Board is limited to 12 members. The appointment of an interim member under clause 123 may only commence if the role of a member appointed under section 6P(2) of the Conservation Act 1987 becomes vacant. New section 21A is inserted to exclude certain provisions of Te Ture Whenua Maori Act 1993 from applying to the Te Korowai o Wainuiārua Trust.
Amendment paper Bill enacted Released 05 March 2025

Te Korowai o Wainuiārua Claims Settlement Bill - Amendment paper No 248

RSS feed link copied, you can now paste this link into your feed reader.