The purpose of the Bill is to exempt from the supervisory jurisdiction of the Māori Land Court specified post-settlement governance entities (PSGE), trusts controlled by the PSGE, and hapū trusts to which the PSGE has transferred settlement land, while also preserving the ability of an exempt trust to access the court’s dispute resolution processes by mutual agreement. This exemption of the named PSGEs is consistent with the intention of each of the PSGEs named in Schedule 2.

Due to the nature of settlement redress and the intention of the PSGEs post-settlement governance arrangements, PSGEs named in Schedule 2 also had the opportunity to elect to exempt hapū trusts that the PSGE has transferred redress land to. The varied governance arrangements between hapū trusts and PSGEs requires case by case assessments before they are exempted from the supervisory jurisdiction of the Māori Land Court. Only the hapū trusts of PSGEs that have confirmed their wishes for its hapū trusts to be exempted and are satisfied that being made exempt is in alignment with the view of the relevant hapū will be exempted upon enactment of this Bill. This exemption of hapū trusts for these PSGEs is indicated in Schedule 2.

Sections 237 to 245 of Te Ture Whenua Maori Act 1993 (the Act) confer on the Māori Land Court broad supervisory jurisdiction over Māori land trusts and trusts constituted in respect of general land owned by Māori (as defined in section 4 of the Act). However, under the PSGE framework, it was not intended by the Crown that this supervisory jurisdiction would extend to PSGEs, particularly given the predominance of general land transferred through settlements. Applying this jurisdiction to PSGEs, contrary to that original intent, has the potential to impede post-settlement development, including the effective use of collective assets.

Accordingly, the Bill provides for the exemption of each specified PSGE from sections 237 to 245 of the Act, including trusts controlled by those PSGEs and the hapū trusts of specified PSGEs, and lists the exempt trusts in Schedule 2.

The Bill also authorises that other PSGEs, and certain other hapū trusts or other trusts that receive, or will receive, Treaty of Waitangi settlement redress can be added to the schedule by Order in Council. This provides for PSGEs to be added in the event that they were unable to make a formal decision within the specified time frame (for example, due to trustee elections, etc). Once a PSGE has followed their relevant decision-making processes in accordance with their own trust deed, they can seek the recommendation of the Minister for Māori Crown Relations to be made exempt, under the Order in Council.

The dispute resolution services provided under Part 3A of the Act offer an effective, no-cost, mediation service for post-settlement governance entities that choose to use them. Therefore, the Bill provides that PSGEs or other trusts listed in Schedule 2 of the Bill may, by agreement of the parties to a dispute, apply to the Registrar of the Māori Land Court to have a dispute relating to matters covered by sections 237 to 245 of Te Ture Whenua Maori Act 1993 referred to a mediator and allows for Court orders relating to the mediated resolution.

Claimant groups engaged in current or future Treaty settlement negotiations have the opportunity, within their settlement negotiations, for their settlement legislation to exempt their PSGE from the supervisory jurisdiction of the Māori Land Court.

Te Puni Kōkiri is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=326

A regulatory impact statement is not required.

Clause 2 states that the Act comes into force on the day after Royal assent is given.