New Zealand Māori Arts and Crafts Institute Vesting Bill

  • enacted

Ka rīwhitia ki tēnei kape ko te kape i tāngia kētia, tērā tētahi hapa ā-tuhi i roto i te kōwae tūtohutanga o taua pūrongo.

This version is a replacement of the previously published version, which contained a typographical error in the recommendation paragraph of the commentary.

Te Pire Tuku i Ngā Kete Tuku Iho

Pire Kāwanatanga

111—2

E ai ki tērā nā te Komiti Whiriwhiri Take Māori i pūrongo

Ngā kōrero

Tūtohutanga

Kua tirohia e Te Komiti Whiriwhiri Take Māori Te Pire Tuku i Ngā Kete Tuku Iho, ā, tūtohu ai kia whakamanatia i te taha o ngā menemana kua whakaaturia.

E pā ana ki Ngā Kete Tuku Iho

He kura ā-motu a Ngā Kete Tuku Iho (NZMACI) mō ngā mahi toi a te iwi Māori, ā, kei Rotorua e tū ana. Mahi ai te kura i raro i te ingoa karanga ko Te Puia. Ko ētahi o ngā mahi a te kura ko te tautoko i te ahurea Māori, tae atu ki te whakaako i te whakairo, te raranga, me te tārai waka. Whakawhanake ai, ā, pupuri ai te kura i ētahi mahinga tāpoi i te rohe o Rotorua. Ko tana whāinga ko te whakatahuri mai i te iwi whānui ki ngā mahi toi a Ngāi Māori. I whakatūria a NZMACI hei rōpū e whakahaeretia ana e ōna mema, ā, i whakatūria e te wāhanga 4 o te New Zealand Māori Arts and Crafts Institute Act 1963.

Kāore a NZMACI e whiwhi pūtea tautoko mai i te Karauna. Kua whakawhanaketia, kua whakawhānuitia te pākihi mā āna mahi tāpoi me āna mahi whakaako.

E pā ana ki tēnei pire

Ka whakawhitia e Te Pire Tuku i Ngā Kete Tuku Iho ngā rawa me ngā nama a te kura ki Te Puia NZMACI Limited Partnership (te Whakahoanga), me te whakarite kia haere tonu ā te kura mahi ōnaianei. Mā konei e mana ai te whakaaetanga i waenga i te Karauna, te NZMACI, ngā kaitiaki o te Whakarewarewa Joint Trust, te HTK Te Puia Trust1, te Pukeroa Oruawhata Trust, te Wahiao Tuhourangi o Whakarewarewa Trust, me Te Puia NZMACI Limited Partnership. I waitohua te whakaaetanga nei i te 7 Hereturikōkā 2017.

Ko te pūtake o te tuku ko te whakanui i te hononga roroa o Wahiao Tuhourangi me Ngāti Whakaue ki te NZMACI me te whenua i raro iho, ā, ko te whakapakari i te whakahoanga o te Karauna ki a Wahiao Tuhourangi o Whakarewarewa rāua ko Ngāti Whakaue.

Mehemea ka whakamanatia, ka whakakāhore te pire nei i te New Zealand Māori Arts and Crafts Institute Act 1963, me te kati i te kura ōnaianei.

Ngā menemana i marohitia

Kapi ai e tēnei kōrero ngā menemana matua nā mātou i tūtohu ki te pire i whakaurua rā. Kīhai mātou e matapaki menemana ririki, menemana hangarau rānei.

Te tautoko mō te Whakaaetanga Tuku

I whakamanatia e ngā kaiwhaipānga te marohitanga ki te tuku i ngā rawa me ngā nama a NZMACI ki te Whakahoanga mā te pōti mēra i te tau 2017. I whai wāhi ki te pōti ko ngā uri e rēhita ana ki a Wahiao Tuhourangi o Whakarewarewa, ētahi hapū e toru o Ngāti Whakaue: ko Ngāti Hurungaterangi, ko Ngāti Taeotū me Ngāti Kahu; me te Pukeroa Oruawhata Trust.

I tautokona te Whakaaetanga Tuku e tōna 89 ōrau o ngā kaipōti i wātea nei ki te pōti, ā, i pōti; nuku atu i te 2,000.

Wahiao Tuhourangi

Ngā menemana ki te Whakaaetanga o te Wahiao Tuhourangi o Whakarewarewa Trust

I te Haratua 2019, i whakamōhiotia mātou ki ētahi panonitanga ki te Whakaaetanga o te Wahiao Tuhourangi o Whakarewarewa Trust i marohitia rā e ngā kaitiaki o taua poutiaki. Ko te takune o aua panonitanga ko te whakapakari i te haepapatanga o te poutiaki ki ōna kaiwhaipānga. I whakaae ngā kaiwhaipānga ki ngā panonitanga ki te whakaaetanga i roto i tētahi Huinga Motuhake (SGM) i te Hongongoi 2019.

I roto i te SGM, i pōti ngā kaiwhaipānga, ā, e 357 i whakaae ki ngā panonitanga, e 2 kāore i whakaae, kotahi te pōti kāore i tuhia he aha ki runga.

Koinei ngā menemana ki te whakaaetanga i whakaaetia:

  • ko te whakarāpopoto i te wā kaitiaki i te 5 tau ki te 3 tau (nā reira ka hiahiatia he pōti mō ngā tūranga kaitiaki katoa e 7 hei te Hereturikōkā 2020)

  • ko te whakarite i ngā pōti ā-mēra mō ngā pōti kaitiaki me ngā whakataunga motuhake katoa

  • ko te whakapai ake i te tūhāhā a te hātepe Whakatau Tautohe

  • ko te whakapai ake i te hātepe rēhita kaiwhaipānga.

Kāore e hiahiatia he panonitanga ki te ture kia tutuki ai ēnei menemana ki te whakaaetanga. Ka whakaaro mātou ka tino pai ake te haepapa o ngā kaitiaki ki ngā kaiwhaipānga i ēnei panonitanga.

Te tuku i ngā hea o NZMACI ki a Wahiao Tuhourangi

Ka tūtohu mātou kia whakatikaina te rārangi 3, te whakamārama o ngā “hoa”, kōwai (a). Whakarite ai te pire i whakaurua kia tukuna atu ngā rawa me ngā nama a NZMACI ki te Whakahoanga. Whakarite ai hoki te pire kia puritia te pānga a te Wahiao Tuhourangi o Whakarewarewa Trust i te Whakahoanga e tētahi rōpū taina, e te Whakarewarewa WToW Trust.

E mātau ana mātou ko te Wahiao Tuhourangi o Whakarewarewa Trust anake te kaiwhaipānga o te Whakarewarewa WToW Trust. Ka whakaae ngā kaitiaki o te Wahiao Tuhourangi o Whakarewarewa Trust he pai kē atu kia pupuritia tā te Wahiao Tuhourangi o Whakarewarewa Trust e taua poutiaki tonu, kaua e tētahi wāhanga ōna.

E tutuki ai tērā, ka riwhitia e tā mātou menemana te “Whakarewarewa WToW Trust” ki te Wahiao Tuhourangi Whakarewarewa Trust i roto i te whakamārama o ngā “hoa”.

Me te aha, ka tūtohu hoki mātou kia tangohia te whakamārama o te “Whakarewarewa WToW” i te rārangi 3.

Te hononga i waenga i a Tūhourangi me Ngāti Wāhiao

I whakatauria e te rūnanga whakatau tautohe tuatahi mō te Whārua o Whakarewarewa, kāore ō Tūhourangi pānga ki te whārua, i tua atu i te pōhiri a ō rātou uri o Ngāti Wāhiao whai muri iho i te hū o Tarawera. Kāore te whakatau nei i werohia. Heoi anō kua werohia te āhuatanga ki te nui o ngā hea a Wahiao Tuhourangi i te taha o ā Ngāti Whakaue hea.

E mihi ana te Wahiao Tuhourangi o Whakarewarewa Trust ki te koha a Tūhourangi ki te whārua o Whakarewarewa, ki te NZMACI, me Te Puia, arā mā te whakaae kia rēhita ngā uri o Tūhourangi hei kaiwhaipānga o te poutiaki.

Te tautoko mō te HTK Te Puia Trust

I whakapuaki ētahi kaitāpae i te āwangawanga e pā ana ki te whakatūranga o te HTK Te Puia Trust (HTK Trust). I ātete ētahi o ngā kaitāpae i te nohoanga o te HTK Trust hei rōpū māngai mō ngā hapū e toru o Ngāti Whakaue, ko ēnei: ko Ngāti Hurungaterangi, ko Ngāti Taeotū, me Ngāti Te Kahu. Ka whakaaro rātou kāore e pai tā te poutiaki manaaki i ngā pānga o ngā hapū e toru nei.

Te pōti

I whakapuaki ētahi kaitāpae tokomaha i ō rātou whakaaro ki te hātepe pōti ā-mēra i ngā poutiaki mō te HTK Trust, arā i āta tīpakohia ngā māngai. Ka whakaaro mātou ko HTK Trust te māngai whai mana mō ngā hapū e toru, he mea kōwhiri ki tētahi hātepe i whakaaetia, i tautokona hoki e te Karauna i te Pipiri me te Hongongoi 2017. I whai wā ngā uri katoa o ngā hapū e toru nei ki te rēhita, ki te pōti hoki mō te whakaaetanga, mō te kore rānei, ki te kōkiritanga o te NZMACI, ā, mehemea ko te HTK Trust te rōpū tika hei māngai mō ngā hapū e toru o Ngāti Whakaue. Koinei ngā putanga o te pōti ā-mēra, arā e 252 i whakaae, ā, 130 i whakahē. I kite hoki mātou e wātea ana ngā uri katoa o ngā hapū e toru ki te rēhita hei kaiwhaipainga o te HTK Trust.

I tēnei wā, e whakahaeretia ana e te HTK Trust te pōti mō ētahi kaitiaki tokorua (nā te rihainatanga o tētahi o ngā kaitiaki taketake e rua, ā, me tētahi atu kaitiaki hou hoki). Ko te tikanga ka rītaia hoki tērā atu kaitiaki taketake hei te tau 2020. Ka whakahaeretia te pōti ā taua tau anō rā mō te kaitiaki hei kawe i tana tūranga.

Kāore mātou i te tūtohu i ētahi menemana ki te pire e pā ana ki te HTK Trust.

Tō te Rūnanga Whakahoanga heamana i whakatūria e te Karauna

Whakatakoto ai te Wāhanga 2 o te pire i te hanganga hou o NZMACI.

Ka tūtohu mātou i ētahi menemana ki te rārangi 12, e whakamārama nei i te whakatūnga a te Karauna i te pakihi whakahaere ki te poari o te Whakahoanga.2

Ka tūtohu mātou kia whakaurua he rārangi taina hou ki roto ki te rārangi 12(1AAA). Ka whakamārama tā mātou menemana i te nohoanga mai, mō ngā tau e 6 atu i te tukunga o NZMACI, o te whakaritenga kia riro mā te Karauna te kaitohu e whakatū.

Ka tūtohu hoki mātou kia unuhia te rārangi 12(5) e mea nei e 6 ngā tau e tū ana te whakaritenga kia riro mā te Karauna te kaitohu e whakatū, ā, ka tū tonu taua whakaritenga māna ka whakaae ā-tuhi te Karauna me te Whakahoanga ki te whakamutu atu. Ka whakaaro mātou kāore i te pai kia whakakāhoretia te ture e te whakaaetanga ā-tuhi me te Karauna. Ka whakaaro mātou nō te momo mana o “Hēnare VIII” te Rārangi 12(5) i whakaurua rā, arā ka whakamanatia tētahi rōpū i tua atu i te Pāremata ki te tīni, ki te whakatārewa, ki te whakamutu rānei i te ture matua. E ai ki te rārangi 12(1AAA) hou i kōrerohia i runga nei, ka taea tonutia e ngā rōpū nei te whakaae kia haere tonu te whakaritenga nei ki tua atu i ngā tau e 6, engari ka noho mai taua whakaaetanga i waho o te whakatureture.

Ka tūtohu mātou kia rīwhi te rārangi 12(5) ki te rārangi hou e whakamārama ana i te tikanga o te “pakihi whakahaere”. E āwangawanga ana mātou, kāore te pire i whakaurua e āta whakamārama i te hononga e hiahiatia ai. Arā kia whakatūria e te Whakahoanga, e te pakihi whakahaere rānei ko te māngai o te Karauna hei kaitohu rānei, kia kōwhiria he tangata hei heamana rānei, kia tukuna ki te māngai he pōti rānei. Ka whakamārama te menemana nei i te hononga i waenga i te kaitohu i whakatūria e te Karauna, te pakihi whakahaere (ka tū te kaitohu i whakatūria e te Karauna ki tōna poari), me te Whakahoanga.

Te āwangawanga e pā ana ki te heamana ka whakatūria e te Karauna

I whakapuaki ētahi kaitāpae i te āwangawanga e pā ana ki te heamana ka whakatūria e te Karauna. I rongo mātou kāore rātou e whakaae kia whai wāhi tonu te Karauna ki te kamupene Te Puia.

Whakarite ai te rārangi 12(3) kia noho ko te kaitohu i whakatūria e te Karauna hei heamana o te poari. Waihoki ka taea tana pōti whakatau te whakamahi hei pōti whakatau haupārua me ka hua ake i roto i ngā mahi a te poari. Tokowhā ngā kaitohu ka whakatūria ki te poari e te Wahiao Tuhourangi o Whakarewarewa Trust, ā, e rua ka whakatūria e tēnā me tēnā o ētahi atu poutiaki, arā e te HTK Trust me te Pukeroa Oruawhata Trust. Tērā pea ka ōrite ngā pōti whakahē me ngā pōti whakaae, he rite nō te tatau o ngā kaitohu. Hei tā mātou, ko tō te heamana ka whakatūria e te Karauna, he reo tūhāhā i runga i te poari o te pakihi whakahaere ā muri atu i te tukunga. I inoi hoki a Ngāti Whakaue rāua ko Wahiao Tuhourangi kia whakatū te Karauna i te kaitohu hei heamana mō te poari o te pakihi whakahaere mō ngā tau e 6 atu i te tukunga. Kāore mātou i te tūtohu menemana e pā ana ki tēnei take.

Te katinga o te kēti i waenga i te kāinga o Whakarewarewa me te NZMACI

I kōrero ētahi kaitāpae mō te kēti e rakaina ana i waenga i te kāinga o Whakarewarewa me Te Puia. Ehara tēnei i te take ture hei whiriwhiringa mā te pire. He take tūmataiti tēnei i waenga i ngā kiritata pupuri whenua nei. Kāore mātou i te tūtohu menemana e pā ana ki tēnei take.

Tāpiritanga

Hātepe komiti

I tukuna Te Pire Tuku i Ngā Kete Tuku Iho ki te komiti i te 19 Hakihea 2018. Ko te 22 Huitanguru 2019 te rā katinga mō ngā tāpaetanga. E 74 ngā tāpaetanga i whiwhi, ā, i whakaarohia e mātou mai i ngā rōpū whai pānga me te hunga takitahi. I rongo taunakitanga ā-waha mātou mai i ngā kaitāpae e 40 i ngā whakawātanga i Rotorua, i Te Whanganui-a-Tara.

I whiwhi kupu tohutohu mātou mai i Te Puni Kōkiri.

Mematanga komiti, ko

Rino Tirikatene (Heamana)

Dan Bidois

Marama Davidson

Joanne Hayes

Matt King

Adrian Rurawhe

Hon Nicky Wagner

Hon Meka Whaitiri

I whai wāhi a Tamati Coffey ki ētahi o ngā whakawānga o tēnei take.

Ka rīwhitia ki tēnei kape ko te kape i tāngia kētia, tērā tētahi hapa ā-tuhi i roto i te kōwae tūtohutanga o taua pūrongo.

This version is a replacement of the previously published version, which contained a typographical error in the recommendation paragraph of the commentary.

New Zealand Māori Arts and Crafts Institute Vesting Bill

Government Bill

111—2

As reported from the Māori Affairs Committee

Commentary

Recommendation

The Māori Affairs Committee has examined the New Zealand Māori Arts and Crafts Institute Vesting Bill and recommends that it be passed with the amendments shown.

About the New Zealand Māori Arts and Crafts Institute

The New Zealand Māori Arts and Crafts Institute (NZMACI) is a national school of Māori arts and crafts, primarily based in Rotorua. It also operates under the brand name Te Puia. The Institute’s functions include encouraging Māori culture and teaching carving, weaving, and canoe building. The Institute also develops and maintains tourist attractions in the Rotorua district and aims to generate public interest in Māori arts and crafts. The NZMACI was established as a body corporate by section 4 of the New Zealand Māori Arts and Crafts Institute Act 1963.

The NZMACI does not receive any financial support from the Crown. The business has been built up and expanded largely through its tourism and training activities.

About this bill

The New Zealand Māori Arts and Crafts Institute Vesting Bill would transfer the Institute’s assets and liabilities to Te Puia NZMACI Limited Partnership (the Partnership), while providing for the Institute’s current functions to continue. This would give effect to an agreement between the Crown, the NZMACI, the trustees of the Whakarewarewa Joint Trust, the HTK Te Puia Trust,3 the Pukeroa Oruawhata Trust, the Wahiao Tuhourangi o Whakarewarewa Trust, and the Te Puia NZMACI Limited Partnership. The agreement was signed on 7 August 2017.

The purpose of the vesting would be to recognise the long relationship of Wahiao Tuhourangi and Ngāti Whakaue with the NZMACI and the underlying land, and to further strengthen the Crown’s relationship with Wahiao Tuhourangi o Whakarewarewa and Ngāti Whakaue.

If enacted, the bill would repeal the New Zealand Māori Arts and Crafts Institute Act 1963, and dissolve the current institute.

Proposed amendments

This commentary covers the main amendments we recommend to the bill as introduced. We do not discuss minor or technical amendments.

Support for the Vesting Agreement

The proposal to vest the assets and liabilities of the NZMACI in the Partnership was endorsed by the beneficiaries of the vesting through a postal ballot held in 2017 with those who affiliate and are registered with Wahiao Tuhourangi o Whakarewarewa; the three Ngāti Whakaue hapū: Ngāti Hurungaterangi, Ngāti Taeotū and Ngāti Kahu; and the Pukeroa Oruawhata Trust.

Approximately 89 percent of the more than 2,000 eligible voters who voted supported the Vesting Agreement.

Wahiao Tuhourangi

Amendments to the Wahiao Tuhourangi o Whakarewarewa Trust Deed

In May 2019, we were informed about changes to the Wahiao Tuhourangi o Whakarewarewa Trust Deed that were being proposed by the trustees of that trust. These changes are intended to make the trust more accountable to its beneficiaries. The beneficiaries approved the changes to the deed at a Special General Meeting (SGM) in July 2019.

At the SGM, beneficiaries cast their votes with 357 voting in favour of the changes, 2 voting against, and 1 blank vote.

The approved amendments to the deed are as follows:

  • reducing the trustee term from 5 years to 3 years (so elections for all 7 trustee positions will be required by August 2020)

  • implementing postal voting for trustee elections and all special resolutions

  • improving the independence of the Disputes Committee process

  • improving the beneficiary registration process.

A change in legislation is not required to make these amendments to the deed. We consider that these changes significantly improve the accountability of the trustees to the beneficiaries.

Vesting of the NZMACI shares in Wahiao Tuhourangi

We recommend amending clause 3, definition of “partners”, paragraph (a). As introduced, the bill provides that the assets and liabilities of the NZMACI would vest in the Partnership. It also provides that the Wahiao Tuhourangi o Whakarewarewa Trust’s interest in the Partnership would be held by a subsidiary, the Whakarewarewa WToW Trust.

We recognise that the Wahiao Tuhourangi o Whakarewarewa Trust is the sole beneficiary of the Whakarewarewa WToW Trust. The trustees of the Wahiao Tuhourangi o Whakarewarewa Trust agree that it would be preferable for the Wahiao Tuhourangi o Whakarewarewa Trust to be held by that trust directly, rather than through a subsidiary.

To reflect this, our amendment would replace “Whakarewarewa WToW” with “Wahiao Tuhourangi o Whakarewarewa Trust” in the definition of “partners”.

As a result of the above amendment, we also recommend removing the definition of “Whakarewarewa WToW Trust” in clause 3.

Relationship between Tūhourangi and Ngāti Wāhiao

The first arbitration panel for the Whakarewarewa Valley determined that Tūhourangi do not have any standing in the valley, except at the invitation of their Ngāti Wāhiao relations following the Mount Tarawera eruption. This outcome has not been challenged. However, there have been challenges relating to the relative shareholdings between Wahiao Tuhourangi and Ngāti Whakaue.

The Wahiao Tuhourangi o Whakarewarewa Trust acknowledges the contribution of Tūhourangi to the Whakarewarewa Valley, the NZMACI, and Te Puia by allowing Tūhourangi to register as beneficiaries of the Trust.

Support for the HTK Te Puia Trust

Some submitters expressed concern about the establishment of the HTK Te Puia Trust (HTK Trust). Most of these submitters were opposed to the HTK Trust being the representative entity for the three Ngāti Whakaue hapū: Ngāti Hurungaterangi, Ngāti Taeotū, and Ngāti Te Kahu o Ngāti Whakaue. They consider that the trust does not adequately represent the interests of the three hapū.

Voting

A number of submitters referred to the postal voting process for the election of trustees for the HTK Trust, feeling that the representatives had been handpicked. We consider that the HTK Trust was mandated as the representative of the three hapū through a Crown approved and supported endorsement process in June and July 2017. All members of the three hapū had the opportunity to register and vote for whether or not they supported the vesting of the NZMACI progressing, and whether or not the HTK Trust was the appropriate body to represent the three Ngāti Whakaue hapū. The final results of the postal ballot were 252 votes received in favour, and 130 votes against. We also note that all members of the three hapū are entitled to register as beneficiaries of the HTK Trust.

The HTK Trust is currently holding an election for two trustees (to replace a retired trustee, and to elect one additional new trustee). The remaining initial trustee is due to retire in 2020. An election will be held in the same year to replace this trustee.

We do not recommend any changes to the bill in regard to the HTK Trust.

Crown-appointed Chair of General Partner Board

Part 2 of the bill sets out the reorganisation of the NZMACI.

We recommend amendments to clause 12, which details the Crown appointment to the board of the general partner of the Partnership.4

We recommend amending clause 12 by inserting new subclause (1AAA). Our amendment would make clear that the provision for the Crown to appoint the director would apply for 6 years from the vesting.

We also recommend removing clause 12(5) which states that the provision for the Crown to appoint a director would apply for 6 years and would continue to apply unless the Crown and the Partnership agreed in writing to discontinue it. We consider it inappropriate for the law to be overridden by written agreement with the Crown. We consider that Clause 12(5) as introduced is a type of “Henry VIII” power, as it would authorise a body other than Parliament to amend, suspend, or override primary legislation. In new clause 12(1AAA) mentioned above, the parties could still agree to continue the arrangement beyond 6 years, but that would be independent of the legislation.

We recommend replacing clause 12(5) with a new clause that would define the meaning of the “general partner”. We are concerned that the bill as introduced does not provide a clear connection requiring the Partnership or general partner to appoint the Crown nominee as a director, elect the person as chair, or provide the appointee with a casting vote. This amendment would make clear the connection between the Crown-appointed director, the general partner company (to the board of which the Crown-appointed director would be appointed), and the Partnership.

Concern about the Crown-appointed chair

Some submitters expressed concern about the Crown-appointed chair. We heard that they do not support continued Crown involvement in the Te Puia business.

Clause 12(3) provides that the Crown-appointed director would be the chairperson of the board, and would have a deliberative vote that could be used as a casting vote in the event of a deadlock on the board. The board comprises four directors appointed by Wahiao Tuhourangi o Whakarewarewa Trust and two each from the HTK Trust and the Pukeroa Oruawhata Trust. With an equal number of directors, the potential for a deadlock situation could arise. Our view is that the Crown-appointed chair would provide an independent voice on the board of the general partner following the vesting. Ngāti Whakaue and Wahiao Tuhourangi also requested that the Crown appoint a director to chair the general partner board for a transition period of 6 years. We do not recommend any changes in this regard.

Gate closure between Whakarewarewa Village and the NZMACI

A number of submitters referred to the locked gate between the Whakarewarewa Village and Te Puia. This is not a legislative issue for the bill to address. It is a private matter between the neighbouring landowners. We do not recommend any amendments in this regard.

Appendix

Committee process

The New Zealand Māori Arts and Crafts Institute Vesting Bill was referred to the committee on 19 December 2018. The closing date for submissions was 22 February 2019. We received and considered 74 submissions from interested groups and individuals. We heard oral evidence from 40 submitters at hearings in Rotorua and Wellington.

We received advice from Te Puni Kōkiri.

Committee membership

Rino Tirikatene (Chairperson)

Dan Bidois

Marama Davidson

Joanne Hayes

Matt King

Adrian Rurawhe

Hon Nicky Wagner

Hon Meka Whaitiri

Tamati Coffey participated in our consideration of this bill.

Key to symbols used

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Hon Nanaia Mahuta

New Zealand Māori Arts and Crafts Institute Vesting Bill

Government Bill

111—2

Preamble

(1)

The New Zealand Maori Arts and Crafts Institute (the NZMACI) was established as a body corporate by section 4 of the New Zealand Maori Arts and Crafts Institute Act 1963:

(2)

The NZMACI was formerly known as the Rotorua Maori Arts and Crafts Institute:

(3)

The NZMACI operates under the brand names Te Puia, the New Zealand Māori Arts and Crafts Institute, and NZMACI:

(4)

The NZMACI’s functions include encouraging Māori culture and the practice and appreciation of Māori arts and crafts, training Māori in the practice of Māori arts and crafts, developing and maintaining areas in the Rotorua district and elsewhere as scenic or tourist attractions, and maintaining public interest in Māori culture and Māori arts and crafts:

(5)

The Crown granted leases to the NZMACI in respect of certain Crown land in the Rotorua district. The fee simple estate in that (and other) land has now been transferred under the Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009 to the trustees of a joint trust established by Ngāti Whakaue and Tūhourangi Ngāti Wahiao:

(6)

The Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009 vested the fee simple estate in the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve in the Joint Trustees and requires the Joint Trustees to grant registrable leases to the NZMACI in respect of the Whakarewarewa Valley Land. The Joint Trustees lease the Whakarewarewa Valley Land to the NZMACI by 2 leases entered into on 16 November 2010:

(7)

Wahiao Tūhourangi Tuhourangi o Whakarewarewa and the Ngāti Whakaue parties have a long association with the Whakarewarewa Valley Land on which the NZMACI is located and have made a significant contribution to the operation and development of the NZMACI over many years:

(8)

On 7 August 2017, the Crown entered into an agreement with the respective trustees of the Whakarewarewa Joint Trust, the Wahiao Tūhourangi Tuhourangi o Whakarewarewa Trust, the HTK Te Puia Trust, the Pukeroa Oruawhata Trust, the Te Puia NZMACI Limited Partnership (the Partnership), and the NZMACI. Under that agreement, legislation is to be introduced into the House of Representatives to transfer the NZMACI assets and liabilities to the Partnership. All ownership interests in the Partnership are held, directly or indirectly, by Wahiao Tūhourangi Tuhourangi o Whakarewarewa, the Pukeroa Oruawhata Trust, and by 3 Ngāti Whakaue hapū,: Ngāti Hurungaterangi, Ngāti Taeotū, and Ngāti Te Kahu o Ngāti Whakaue:

(9)

The purpose of this vesting is to recognise the long relationship of Wahiao Tūhourangi Tuhourangi and the Ngāti Whakaue parties with the NZMACI and the underlying land, and to further enhance the Crown’s relationship with Wahiao Tūhourangi Tuhourangi o Whakarewarewa and the Ngāti Whakaue parties. The ongoing co-operation and collaboration with other iwi in relation to preserving and promoting the cultural traditions of the iwi of New Zealand through the practice of Māori arts and crafts will continue:

(10)

The transfer is not consideration for the settlement of any claim against the Crown and is without payment or consideration to the Crown:

The Parliament of New Zealand therefore enacts as follows:

1 Title

This Act is the New Zealand Māori Arts and Crafts Institute Vesting Act 2018.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Preliminary provisions

3 Interpretation

In this Act, unless the context otherwise requires,—

Act means the New Zealand Maori Arts and Crafts Institute Act 1963

assets and liabilities—

(a)

means the assets and liabilities owned, controlled, held, or owed, wholly or in part, immediately before the commencement of this Act, by the NZMACI; and

(b)

includes—

(i)

all assets of any kind, whether in the form of real or personal property, money, shares, securities, rights, or interests; and

(ii)

all liabilities, including debts, charges, duties, contracts, or other obligations (whether present, future, actual, contingent, payable, or to be observed or performed in New Zealand or elsewhere)

Auditor-General has the meaning given in section 4 of the Public Audit Act 2001

balance date, in relation to the Partnership, has the meaning given in section 41 of the Financial Reporting Act 2013

business day means a day that is not—

(a)

a Saturday or Sunday; or

(b)

Waitangi Day, Good Friday, Easter Monday, ANZAC Anzac Day, the Sovereign’s birthday, or Labour Day; or

(c)

if Waitangi Day or ANZAC Anzac Day falls on a Saturday or Sunday, the following Monday; or

(d)

a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; or

(e)

the day observed as Anniversary Day in Auckland

capital contribution has the meaning given in section 37(1) of the Limited Partnerships Act 2008

company has the meaning given in section 2(1) of the Companies Act 1993

Crown has the meaning given in section 2(1) of the Public Finance Act 1989

dispose of includes to mortgage and to charge

Eligible Voters Voter, in relation to members of Tūhourangi, has the meaning given in clause 1.1 of the Wahiao Tuhourangi o Whakarewarewa Trust deed

financial year, in relation to the Partnership,—

(a)

means a year ending on its balance date; and

(b)

includes a longer or shorter period if, as a result of the registration of the Partnership as a limited partnership or a change of balance date, the period ending on the balance date is longer or shorter than a year

HTK Te Puia Trust means the trust established by the HTK Te Puia deed of trust dated 1 August 2017

Joint Trust means the Whakarewarewa Joint Trust established by a joint trust the Whakarewarewa Joint Trust deed dated 29 August 2008

Joint Trustees means the trustees of the Joint Trust, acting in their capacity as trustees

member, in relation to the NZMACI,—

(a)

means a person appointed as a member of the NZMACI under section 5 or 7(3) of the Act; and

(b)

includes any of the following, if appointed under section 8, 9, or 10 of the Act:

(i)

the chairperson and deputy chairperson; and

(ii)

any deputy for a member

Minister means the Minister for Māori Development

Ngāti Whakaue parties has the meaning given in section 4

NZMACI means the New Zealand Māori Arts and Crafts Institute established by section 4 of the Act

NZMACI taonga means the assets of the NZMACI listed in Schedule 2

ownership interest means,—

(a)

in relation to a limited partnership, each capital contribution and partnership interest in the limited partnership; and

(b)

in relation to a company, each share in the company; and

(c)

in relation to a body corporate other than a limited partnership or a company, each interest in the body corporate that is comparable with the interests granted by a share in a company

partners of the Partnership and partners mean the following trusts, according to their partnership interests:

(a)

Whakarewarewa WToW Wahiao Tuhourangi o Whakarewarewa Trust; and

(b)

HTK Te Puia Trust; and

(c)

Pukeroa Oruawhata Trust

Partnership means the limited partnership known as the Te Puia NZMACI Limited Partnership registered under section 51 of the Limited Partnerships Act 2008

partnership interest has the meaning given in section 38(1) of the Limited Partnerships Act 2008

Pukeroa Oruawhata Trust means the ahu whenua trust of that name constituted by order of the Māori Land Court under Part 12 of Te Ture Whenua Maori Act 1993 and dated 14 March 2011 or as may be varied from time to time under that Act

reorganisation of the NZMACI means the vesting of the assets and liabilities of the NZMACI by section 7 and the dissolution of the NZMACI by section 8

Southern Arikikapakapa Reserve means the land described by that name in Schedule 1 of the Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009

Tūhourangi means—

(a)

the individuals who are the descendants of the ancestor known as Tūhourangi and principally associated with the district of Lake Tarawera; and

(b)

the collective of those individuals

Tūhourangi o Whakarewarewa means—

(a)

the individuals who are members of Tūhourangi enrolled as Eligible Voters under rule B3(c) of Schedule B of the Wahiao Tuhourangi o Whakarewarewa Trust deed; and

(b)

the collective of those individuals

vesting date means the date on which this Act comes into force

Wahiao means the collective of the individuals who—

(a)

are descendants of any member of 3 hapū, Ngāti Hinganoa, Ngāti Tukiterangi, and Ngāti Huarere, named in Schedule A of the Wahiao Tuhourangi o Whakarewarewa Trust deed: and

(b)

were named in the lists of the members of those hapū produced in evidence to the Native Land Court in 1883 by Mita Taupopoki (but referred to there as Ngātihinganoa, Ngātitukiterangi, and Ngātihuarere)

Wahiao Tuhourangi o Whakarewarewa means Wahiao, and includes Tūhourangi o Whakarewarewa

Wahiao Tuhourangi o Whakarewarewa Trust means the trust of that name established by a trust deed dated 2 August 2017

Whakarewarewa lease means each lease granted by the Joint Trustees to the NZMACI

Whakarewarewa Thermal Springs Reserve means the land described by that name in Schedule 1 of the Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009

Whakarewarewa Valley Land means the Whakarewarewa Thermal Springs Reserve and the Southern Arikikapakapa Reserve.

Whakarewarewa WToW Trust means the trust of that name established by the Wahiao Tūhourangi o Whakarewarewa Trust by a trust deed dated 2 August 2017.

4 Ngāti Whakaue parties

(1)

In this Act, Ngāti Whakaue parties means the following trustees:

(a)

the trustees of the HTK Te Puia Trust, as representatives of the collective group comprising individuals descended from 1 or more of the owners listed under 1 one of the following 3 hapū groups referred to collectively in relation to the Whakarewarewa No 3 Block (originally comprising the Roto-a-Tamaheke Reserve and the Whakarewarewa Thermal Springs Reserve) in the Native Land Court decision of 24 October 1893, 3 ROT 124–166:

(i)

Ngāti Hurungaterangi:

(ii)

Ngāti Taeotū:

(iii)

Ngāti Te Kahu o Ngāti Whakaue; and

(b)

the trustees of the Pukeroa Oruawhata Trust, as representatives of the collective group comprising individuals descended from 1 or more of the 295 owners listed by hapū in relation to the Pukeroa Oruawhata Block in the Native Land Court decision of 27 April 1882, 1 ROT 34–347, 1 ROT 348–355, and 4 ROT 8–23.

(2)

In this section, descended means descended by birth, legal adoption, or Māori customary adoption.

5 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

6 Act binds the Crown

This Act binds the Crown.

Part 2 Reorganisation of NZMACI

7 Vesting

(1)

On the vesting date, the assets and liabilities of the NZMACI—

(a)

vest in the Partnership and become the assets and liabilities of the Partnership; and

(b)

to the extent that those assets and liabilities are owned or held subject to any charitable trusts, are freed of all charitable trusts.

(2)

However, those assets and liabilities remain subject to any other trusts, covenants, or conditions affecting them.

8 Dissolution

(1)

The NZMACI is dissolved on the vesting date, and on that date each member of the NZMACI ceases to hold office.

(2)

No member of the NZMACI is entitled to compensation for his or her loss of office under this section.

9 Matters not affected by vesting and dissolution

(1)

The vesting of the assets and liabilities of the NZMACI by section 7 and the dissolution of the NZMACI by section 8 do not—

(a)

place a person in breach of contract, in breach of trust, or in breach of confidence, or otherwise make a person guilty of any civil wrong:

(b)

entitle a person to exercise any relevant right:

(c)

release a surety wholly or in part from any obligation:

(d)

invalidate or discharge any contract or security.

(2)

In this section, a relevant right is a right to do any of the following:

(a)

terminate, cancel, or modify a contract, agreement, or arrangement:

(b)

enforce or accelerate the performance of an obligation:

(c)

require the performance of an obligation not otherwise arising for performance.

Role of Partnership in relation to certain matters

10 NZMACI taonga inalienable

(1)

After the vesting of the assets and liabilities of the NZMACI by section 7, none of the NZMACI taonga may be disposed of.

(2)

A purported disposal of a NZMACI taonga is void and of no effect.

11 Functions and powers of NZMACI continued

(1)

The Partnership must continue to perform the functions and exercise the powers of the NZMACI to—

(a)

encourage, foster, and promote ahurea and toi Māori (culture and Māori arts) of New Zealand; and

(b)

provide training for the iwi of New Zealand, including in whakairo rākau (carving) and raranga (weaving); and

(c)

make grants to enable persons to study, train, and gain experience in creating Māori arts and crafts or any other matter approved by the Partnership; and

(d)

confer diplomas or certificates on persons who have undertaken training or gained qualifications in Māori arts and crafts or Māori culture generally; and

(e)

provide and support demonstrations, exhibitions, and tours of toi Māori and toi whakaari Māori (performing arts) of New Zealand; and

(f)

provide for the sustainable development of scenic and tourist attractions in the Rotorua district and elsewhere.

(2)

The functions referred to in subsection (1) are in addition to any other functions or activities that the Partnership may undertake directly or indirectly.

(3)

The Partnership has all the powers, rights, and authorities reasonably necessary to enable it to carry out its functions.

Administrative matters

12 Crown appointment to board of general partner of Partnership

(1AAA)

The provisions of this section apply for 6 years from the date of the vesting of the NZMACI assets and liabilities by section 7(1).

(1)

The Crown must appoint 1 director of the board of the general partner of the Partnership.

(2)

The Crown may remove and replace that director.

(3)

The director appointed under subsection (1) is the chairperson of the board and has a deliberative vote that may be used as a casting vote in the event of a deadlock on the board.

(4)

Despite the provisions of the Companies Act 1993, the director appointed under subsection (1) may report to the Crown at any time on the performance of the Partnership in relation to the functions described in section 11(1).

(5)

The provisions of this section apply for at least 6 years from the date of vesting of the NZMACI undertaking by section 7(1), and continue to apply after that time unless the Crown and the Partnership agree otherwise in writing.

(5)

In this section, general partner means the company established by the Partnership to manage the assets of the Partnership, as required by sections 8(1) and 19 of the Limited Partnerships Act 2008.

13 Reporting on performance of functions

(1)

The Partnership must, not later than 4 months after the end of each financial year,—

(a)

make accessible on an Internet site, free of charge, a written report that—

(i)

identifies the activities undertaken or funded during the financial year to satisfy the requirements of section 11(1); and

(ii)

calculates its direct expenditure on, and funding provided for, those activities during that financial year as a proportion of the revenue (if any) received as admission income for the Whakarewarewa Valley Land; and

(b)

make a copy of the written report available upon request at the offices of the Partnership during normal business hours.

(2)

In this section, admission income, in relation to the Whakarewarewa Valley Land, means any income for the purposes of the term “Admission Income” as defined in the Whakarewarewa leases at the date of signing of the leases.

14 Board must approve major transactions

(1)

The Partnership must not enter into a major transaction unless the board of directors of the general partner of the Partnership, by unanimous resolution, approves the transaction before it is entered into.

(2)

In this section, major transaction, in relation to the Partnership, means—

(a)

the acquisition of, or an agreement to acquire, assets (contingently or otherwise) whose value is more than 30% of the value of the assets of the Partnership immediately before the acquisition; or

(b)

the disposition of, or an agreement to dispose of, assets (contingently or otherwise) whose value is more than 30% of the value of the assets of the Partnership immediately before the disposition; or

(c)

a transaction that has, or is likely to have, the effect of the Partnership acquiring rights or interests, or incurring liabilities or obligations (whether contingent or otherwise), whose value is more than 30% of the value of the assets of the Partnership immediately before the transaction.

15 Land and other registers to be changed

On the written application of a person authorised for the purpose by the Partnership,—

(a)

the Registrar-General of Land is authorised and directed to make entries in the registers under the Land Transfer Act 2017 and to do what is necessary to give effect to the provisions of this Part; and

(b)

the person responsible for keeping any other register that refers to the assets or liabilities of the NZMACI must substitute a reference to the Partnership for a reference to the NZMACI.

Part 3 Repeal and savings provisions

16 New Zealand Maori Arts and Crafts Institute Act 1963: repeal and savings

(1)

The New Zealand Maori Arts and Crafts Institute Act 1963 (1963 No 51) is repealed.

(2)

However, section 27 of that Act continues to have effect in relation to any act or omission done or made before the vesting date by a member of the NZMACI.

17 Consequential amendments

In each of the following provisions, repeal the item relating to the NZMACI:

(a)

Part 2 of Schedule 1 of the Local Authorities (Members’ Interests) Act 1968:

(b)

Part 2 of Schedule 1 of the Ombudsmen Act 1975:

(c)

Schedule 2 of the Public Audit Act 2001:

(d)

Part 2 of Schedule 1 of the Public Bodies Contracts Act 1959.

Schedule 1 Transitional, savings, and related provisions

s 5

Part 1 Provisions relating to this Act as enacted

Transitional taxation provisions

1 Application and interpretation

(1)

Clauses 1 to 3 This clause and clauses 2 and 3 apply for the purposes of the Inland Revenue Acts by virtue of the reorganisation of the NZMACI by or under Part 2 of this Act.

(2)

In this schedule Part, unless the context otherwise requires,—

exempt income has the meaning given in section YA 1 of the Income Tax Act 2007

Inland Revenue Acts has the meaning given in section 3(1) of the Tax Administration Act 1994

taxable income has the meaning given in section YA 1 of the Income Tax Act 2007

taxable Māori authority distribution has the meaning given in section HF 7 of the Income Tax Act 2007.

2 Taxation in respect of transfer of assets and liabilities of NZMACI

(1)

On and from the date on which the assets and liabilities of the NZMACI vest in the Partnership by section 7(1),—

(a)

for the purposes of the Income Tax Act 2007, and subject to section HG 2 of that Act (partnerships are transparent),—

(i)

the Partnership is to be treated as if it were the same person as the NZMACI; and

(ii)

everything done by the NZMACI before that date is to be treated as having been done by the Partnership on the date on which it was done by the NZMACI; and

(b)

for the purposes of the Goods and Services Tax Act 1985,—

(i)

the Partnership is to be treated as if it were the same person as the NZMACI; and

(ii)

everything done by the NZMACI before that date is to be treated as having been done by the Partnership on the date on which it was done by the NZMACI.

(2)

Income derived or expenditure incurred by the NZMACI before the vesting of the assets and liabilities in the Partnership does not become income derived or expenditure incurred by the partners just because the assets and liabilities vest in the Partnership by section 7.

(3)

Subclause (4) applies if income of the partners—

(a)

is derived from a financial arrangement, trading stock, revenue account property, or depreciable property; and

(b)

is exempt income of the NZMACI but is not exempt income of the partners.

(4)

The partners must be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property—

(a)

on the day on which the assets and liabilities vest in the Partnership; and

(b)

for a consideration that is its market value.

(5)

The partners must identify the undistributed charitable amounts, using the following formula:

x − y

where—

x

is the total amounts derived by the NZMACI that, but for the application of sections CW 41 and CW 42 of the Income Tax Act 2007, would have been taxable income derived by that entity before the commencement of this Act

y

is the total of the amounts described in variable x that have been distributed before the commencement of this Act.

(6)

For the purposes of the Income Tax Act 2007, the undistributed charitable amounts referred to in subclause (5) are excluded from the corpus of the partners in their capacity as trustees of their respective trusts (to the extent that they are otherwise included but for this subsection).

(7)

If the partners distribute an undistributed charitable amount to a person, that amount is treated as income of the partners for the purposes of the Income Tax Act 2007, unless subclause (8) applies.

(8)

If the partners distribute an undistributed charitable amount for a charitable purpose, the distribution is exempt income of the recipient.

3 Effect if partner is Māori authority

(1)

If a partner is a Māori authority for the purposes of the Income Tax Act 2007, to the extent that an amount referred to in clause 2(5) is distributed in an income year, that distribution will be—

(a)

exempt income if the distribution is applied for a charitable purpose; or

(b)

a taxable Māori authority distribution.

(2)

If this clause applies, the amount must be disregarded for the purpose of section HF 8 of the Income Tax Act 2007.

Miscellaneous transitional provisions

4 Final report of NZMACI

(1)

As soon as practicable after the vesting date, the person holding office as chairperson of the NZMACI immediately before the commencement of this Act must ensure that a final report of the NZMACI is prepared.

(2)

When the report is completed, the chairperson referred to in subclause (1) must—

(a)

provide the report to—

(i)

the Minister; and

(ii)

the Partnership; and

(b)

present it to the House of Representatives.

(3)

The final report must—

(a)

describe the proceedings and operations of the NZMACI for the final period; and

(b)

include a copy of the statement of accounts for the final period in accordance with the requirements of section 24 of the Act, as certified by the Auditor-General.

(4)

The chairperson referred to in subclause (1) is not personally liable for any act or omission by that chairperson done or made in good faith in preparing the final report of the NZMACI.

(5)

Part 4 of the Public Audit Act 2001 applies to the accounts of the NZMACI included in the final report.

(6)

The Partnership must—

(a)

make available to the chairperson referred to in subclause (1) and the Auditor-General the information that each may reasonably require to enable the final report of the NZMACI to be completed; and

(b)

meet the costs and expenses reasonably incurred in preparing and completing the final report for the NZMACI.

(7)

In this clause, final period means the period beginning on 1 April 2018 and ending on the day immediately before the vesting date.

5 Employees

(1)

A person who is an employee of the NZMACI immediately before the vesting date becomes on that date an employee of the Partnership.

(2)

For the purposes of any enactment, law, award, determination, contract, or agreement relating to a person’s employment,—

(a)

the employment is unbroken; and

(b)

the period of service with the NZMACI is to be treated as a period of service with the Partnership.

(3)

The terms and conditions of employment with the Partnership are—

(a)

identical to the terms and conditions of the employment with the NZMACI immediately before the vesting date; and

(b)

capable of variation in the same manner.

(4)

A person is not entitled to receive any payment or other benefit because the person has ceased to be an employee of the NZMACI under this Act and become an employee of the Partnership.

(5)

To avoid doubt, this clause does not apply to a member of the NZMACI.

6 Other transitional provisions

(1)

Anything done by the NZMACI that is in effect immediately before the vesting date is to be treated as if done by the Partnership.

(2)

The vesting of the assets and liabilities of the NZMACI by section 7 and the dissolution of the NZMACI by section 8 do not affect the validity of anything done by or in relation to the NZMACI before the vesting date.

(3)

Anything (including legal proceedings) that is in the process of being done by or in relation to the NZMACI immediately before the vesting date may be continued by or in relation to the Partnership.

(4)

References to the NZMACI in any contract, lease, notice, order, or other document, or in any proceedings, have effect as if they were references to the Partnership.

Schedule 2 NZMACI taonga

ss 3, 10

1 NZMACI taonga

(1)

The following are the NZMACI taonga:

(a)

Te Pātaka:

(b)

Te Wānanga a Hatupatu:

(c)

Te Aronuiarua:

(d)

the remaining assets held by the NZMACI from the original model pā set up after for the Christchurch Exhibition of 1901 New Zealand International Exhibition held in Christchurch 1906–1907 (International Exhibition 1906):

(e)

small pātaka:

(f)

waharoa (non-traditional embracing male and female figures):

(g)

waharoa to the village:

(h)

carved palisade posts:

(i)

mortuary monuments.

(2)

In subclause (1),—

Te Aronuiarua is a carved meeting house built between 1967 and 1981 by students and graduates of the NZMACI school of carving

Te Pātaka is the carved storehouse built for the Christchurch Exhibition in 1901 International Exhibition 1906 and used to safeguard the heirlooms and treasures of chiefs

Te Wānanga a Hatupatu is the meeting house built for the Christchurch Exhibition in 1901 International Exhibition 1906 and used as a place of learning to enable history, stories, and whakapapa to be passed on.

2 NZMACI taonga to be recorded in catalogue and details to be available for public inspection

(1)

The Partnership must keep a record and description of the NZMACI taonga, and their accession numbers, in the catalogue held by the Partnership for the purposes of recording assets and artefacts held by the Partnership.

(2)

The Partnership must, on request, make any parts of the catalogue that contain details of NZMACI taonga available for public inspection free of charge during its usual business hours.

Legislative history

8 November 2018

Introduction (Bill 111–1)

19 December 2018

First reading and referral to Māori Affairs Committee

1 Ko te HTK Te Puia Trust te māngai mō ētahi hapū e toru o Ngāti Whakaue: ko Ngāti Hurungaterangi, ko Ngāti Taeotū, me Ngāti Te Kahu o Ngāti Whakaue.

2 Ko te “pakihi whakahaere” te kamupene i whakatūria e te Whakahoanga hei whakahaere i ngā rawa a te Whakahoanga, e ai ki ngā wāhanga 8(1) me te 19 o te Limited Partnership Act 2008. Ka kāwanatia e te poari, tokoiwa ngā tāngata o runga.

3 The HTK Te Puia Trust represents three Ngāti Whakaue hapū: Ngāti Hurungaterangi, Ngāti Taeotū, and Ngāti Te Kahu o Ngāti Whakaue.

4 The “general partner” means the company established by the Partnership to manage the assets of the Partnership, as required by sections 8(1) and 19 of the Limited Partnership Act 2008. It is governed by a 9-person board.