Te Ture Whenua Māori Bill

Te Ture Whenua Māori Bill

Member’s Bill

74—1

Explanatory note

General policy statement

This Bill seeks to repeal and replace the current law relating to Māori land, Te Ture Whenua Maori Act 1993.

There are over 27 000 blocks of Māori land under the present Act, comprising 1.4 million hectares or about 5% of the total land mass of New Zealand. Large tracts of Māori-owned land are under-performing for their owners, due to constraints stemming from the current legislation. Improving the performance and productivity of Māori land will provide hundreds of millions of dollars for the economic and cultural benefit of owners, their whānau and hapū, whilst ensuring better guardianship of the land.

This Bill will ensure that the mana and tino rangatiratanga that Māori exercise over their lands is recognised and provided for in law. It will also protect the right of Māori landowners to retain, control, occupy, and develop their land themselves as a taonga tuku iho (treasure handed down) for the benefit of present and future generations. This Bill is based on the fundamental principles that Māori land endures as a taonga tuku iho by virtue of whakapapa, that tikanga (protocol) Māori is central to matters involving Māori Land, and that Te Tiriti o Waitangi is central to the application of laws affecting Māori land. This Bill is also based on the principles that owners of Māori land have the right to decide how their land is used, they have the right to take advantage of opportunities to develop their land for the benefit of present and future generations, and when it comes to managing disputes it should be done in a way that maintains and enhances relationships among the owners and the members of their whānau and hapū.

Joseph Mooney

Te Ture Whenua Māori Bill

Member’s Bill

74—1

Contents

Explanatory note
1Title
2Commencement
3Aronga me ngā mātāpono o tēnei Ture/Purpose and principles of Act
4Achieving purpose and recognising principles of Act
5Interpretation
6Meaning of individual freehold interest
7Meaning of owner
8Association with land in accordance with tikanga Māori
9Descent relationships determined by tikanga Māori
10Evidence of applicable tikanga Māori
11Transitional, savings, and related provisions
12Act binds the Crown
13Definition of Māori customary land
14Māori customary land cannot be disposed of
15Court may determine whether land is Māori customary land
16Court may determine class of collective owners of Māori customary land
17Court may change status of Māori customary land to Māori freehold land
18Kaiwhakahaere appointed for Māori customary land
19Trespass or injury to Māori customary land
20Provisions for jurisdiction about Māori customary land do not apply to common marine and coastal area
21Definition of Māori freehold land
22Māori freehold land may be disposed of in certain ways
23Court may determine whether land is Māori freehold land
24How land becomes Māori freehold land
25Land becomes Māori freehold land by vesting order on change of ownership
26Private land other than Māori land may be declared Māori freehold land
27How land ceases to be Māori freehold land
28Land may cease to be Māori freehold land by declaration
29High Court jurisdiction over status of land
30Preliminary provision
31Application for court order declaring private land reserved as whenua tāpui
32Court order declaring private land reserved as whenua tāpui
33Court must be satisfied of matters for whenua tāpui on private land
34Minister declares Crown land or other specified land reserved as whenua tāpui
35Minister must apply for court recommendation for new whenua tāpui on Crown land or other specified land
36Application for court order of declaration for existing whenua tāpui
37Court order of declaration for existing whenua tāpui
38Court must seek and consider submissions for some orders
39Effect of declarations about whenua tāpui
40Administering bodies
41Court order to restrain administering body
42Lease of whenua tāpui for general purposes
43Lease of papakāinga housing site for residential housing with rent payable
44Lease of papakāinga housing site for residential housing rent-free
45Variation of lease of whenua tāpui
46Reservation and disposition of whenua tāpui
47Kawenata tiaki whenua over parcel
48Cancellation or variation of kawenata tiaki whenua
49Effect and notation of kawenata tiaki whenua
50Example of multiple owners of parcel of Māori freehold land
51Presumption of tenancy in common and equal sharing where multiple owners
52Rights of owners
53Conversion to collective ownership of Māori freehold land
54Effect of conversion to collective ownership
55Collective owner has no separate interest
56Decisions by specified majority of owners of Māori freehold land
57Participation thresholds
58Second decision-making process
59Summary of specified majorities of owners who must agree to decisions about Māori freehold land
60Minor cannot vote on decisions and is not counted as participating owner
61Voting for individual freehold interest owned by joint tenants
62Agreement by owners with >50% or ≥75% share in land
63Agreement by owners with >50% or ≥75% of participating owners’ total share in land
64Agreement by >50% of participating owners (casting votes of equal weight)
65Effect of decisions
66Owner of Māori freehold land may establish whānau trust
67Whānau trust (to operate while owner or owners living)
68Whānau trust (to operate after death of owner)
69Effect of establishing whānau trust
70Trustees of whānau trusts
71Powers and responsibilities of trustees of whānau trusts
72Whānau trusts to be entered in Māori land register
73Recording of beneficiaries’ details on Māori land register
74Entitlements of beneficiaries of whānau trusts
75Whānau trusts not subject to rule against perpetuities
76Court may determine matters relating to whānau trust and amend declaration of trust
77Court may validate actions of trustees
78Court may enforce obligations of whānau trust
79Court may allow withdrawal of beneficial interests from whānau trust in exceptional circumstances
80Application to court for termination of whānau trust
81Court order for termination of whānau trust
82Vesting of beneficial interests in land after termination of whānau trust
83Vesting of other trust property after termination of whānau trust
84Responsibilities of trustees if whānau trust terminated
85Responsibilities of chief executive and Māori Trustee in respect of trust money if whānau trust terminated
86Appointment of kaiwhakamarumaru for owners needing protection
87Meaning of owner needing protection
88Who may be appointed as kaiwhakamarumaru
89Functions and duties of kaiwhakamarumaru
90Consequences of appointing kaiwhakamarumaru
91Who may apply for order appointing kaiwhakamarumaru
92Court may appoint lawyer to represent person if application for order appointing kaiwhakamarumaru made in relation to person’s property
93Matters to which court must have regard when deciding whether to appoint kaiwhakamarumaru
94Content of order appointing kaiwhakamarumaru
95Protection of kaiwhakamarumaru from liability
96Expenses incurred by kaiwhakamarumaru and remuneration
97Application of other enactments to kaiwhakamarumaru appointment
98Circumstances in which court may appoint, replace, remove, or disqualify kaiwhakamarumaru
99Termination of kaiwhakamarumaru appointment
100Kaiwhakamarumaru must report to Registrar
101Frequency of reporting by kaiwhakamarumaru
102Contents of kaiwhakamarumaru report
103Actions resulting from report by kaiwhakamarumaru
104Inspection of kaiwhakamarumaru reports
105Review by court of appointment of kaiwhakamarumaru
106Recording of order appointing kaiwhakamarumaru
107Orders appointing kaiwhakamarumaru may be registered
108Changes to be made to registers after kaiwhakamarumaru appointment terminated
109Meaning of preferred recipient and preferred entity
110Disposition of land made by owner or governance body
111Overview of governance body’s agreement to disposition
112Sale of parcel
113Sale of parcel in ordinary cases
114Preferential tender process for sale of parcel
115Exchange of parcel
116Order declaring that land ceases to be Māori freehold land on sale or exchange by governance body
117Other requirements before governance body offers to sell parcel or exchanges parcel
118Gift of parcel
119Transfer of parcel for settlement on trustees
120Agreement to certain dispositions of parcels under enactments
121No sale, gift, exchange, or transfer of part of parcel
122Boundary adjustment of parcel
123Actions required for boundary adjustment
124Effect of boundary adjustment
125Partition of parcel
126Actions required for partition (other than by mortgagee)
127Allocation scheme for new parcels on partition (other than by mortgagee)
128Actions required for partition by mortgagee
129Effect of partition
130Amalgamation of parcels
131Actions required for amalgamation
132Allocation scheme for new parcel on amalgamation
133Effect of amalgamation
134Aggregation of ownership of parcels
135Actions required for aggregation of ownership
136Allocation scheme for parcels on aggregation of ownership
137Effect of aggregation of ownership
138Cancellation of aggregation of ownership of parcels
139Allocation scheme for parcels on cancellation of aggregation of ownership
140Effect of cancellation of aggregation
141Lease of parcel for general purposes
142Lease of parcel for residential housing with rent payable
143Lease of parcel for residential housing rent-free
144Gift of rent-free lease for residential housing
145Licence or profit à prendre over parcel
146Mortgage or charge over parcel
147Variation of lease, licence, profit à prendre, mortgage, or charge
148Easement over parcel
149Cancellation or variation of easement
150Disposition of individual freehold interest
151Exchange of individual freehold interest
152Dispositions made by instruments
153Dispositions of Māori freehold land have effect when recorded or registered
154Recording dispositions on Māori land register
155Registering dispositions under Land Transfer Act 1952
156Disposition must comply with certain other enactments
157Evidence and orders about compliance with enactments before instruments recorded
158Orders about compliance with enactments after instruments recorded
159Orders of confirmation for dispositions
160Determinations about dispositions by court
161Certain matters registrable despite caveat
162Application of Part 3 of Property Law Act 2007 to mortgage of Māori freehold land
163Gift by will of entitlements arising from ownership
164Overview of provisions relating to governance bodies
165Function and purpose of governance bodies
166Rights of owners of Māori freehold land managed under governance agreement
167Who may appoint a governance body
168Who may be appointed as governance body
169Process for appointing governance body
170Governance bodies continue to be subject to other law
171Governance bodies that are Māori incorporations or trusts may become rangatōpū
172Certain governance bodies may amalgamate
173Application to register governance agreement
174Registration of governance agreement
175Process for dealing with simultaneous applications
176Grounds for rejecting application for registration of governance agreement
177When registration of rangatōpū creates separate legal personality
178Certificates are conclusive evidence of registration
179Registered governance agreement has legal effect
180Asset base vests in governance body on registration of governance agreement
181Registrar-General to record change of ownership of land
182Status of contracts and other instruments
183Status of existing securities
184Matters not affected by vesting under section 180
185Tax matters for Māori incorporations and trusts that become rangatōpū
186Owners of Māori freehold land may revoke governance body’s appointment for that land
187Ways to start cancellation of governance agreement
188Cancellation of governance agreement when governance body replaced
189Cancellation of governance agreements when governance bodies amalgamate
190Cancellation of governance agreement in other circumstances
191Liability of kaitiaki for compensation for void transaction or dealing
192Cancelling governance certificates
193Revesting of Māori freehold land vests on cancellation of governance certificate
194Liability of kaitiaki to continue
195Cancelling rangatōpū registration
196Kaitiaki: quorum and eligibility
197Kaitiaki: vacancies in office, suspension from office, validity of acts
198Court may investigate kaitiaki appointments for certain governance bodies
199Court may appoint kaitiaki for certain governance bodies
200Court may review certain decisions of owners relating to governance bodies
201Court may appoint kaiwhakahaere
202Purposes for which kaiwhakahaere may be appointed
203Responsibilities of kaiwhakahaere
204Powers of kaiwhakahaere
205Process for appointing kaiwhakahaere
206Requirements if meeting of owners required
207Order of appointment
208Court may require kaiwhakahaere to report to court
209Court may require kaiwhakahaere to report to owners
210Court may make order relating to costs of kaiwhakahaere
211Termination of appointment of kaiwhakahaere
212Responsibilities of kaiwhakahaere if appointment terminated
213Immunity from civil liability
214Powers, duties, and responsibilities of governance bodies
215Duties and responsibilities of kaitiaki
216Immunity of kaitiaki from personal liability
217Immunity of owners from personal liability
218Requirements if governance body decides to hold land as Māori freehold land
219Requirements if governance body sells or exchanges parcel of Māori freehold land
220Requirements in cases of partition, amalgamation, or boundary adjustment of Māori freehold land managed under governance agreement
221Requirements for allocation scheme
222Requirements for land management plan
223Order declaring land to be Māori freehold land and confirming allocation scheme
224Application of revenues
225Unpaid distributions
226Requests for information
227Reasons for withholding information
228Court may make orders or investigate governance bodies
229Matters relating to investigation of governance bodies
230What court may do after making order or investigating governance body
231Court may make restraining order
232Court may disqualify kaitiaki
233Obligation to prepare full distribution scheme
234Requirements for full distribution scheme
235Expenses of kaiwhakahaere
236Application of certain provisions of Companies Act 1993 to full distribution scheme
237Obligation to prepare partial distribution scheme
238Requirements for partial distribution scheme
239Process once court confirms distribution scheme
240Transfer of unpaid distributions from outgoing governance body to Māori Trustee
241Māori Trustee must transfer unpaid distributions to successor governance body
242Governance bodies must maintain interests register
243Kaitiaki must make annual declaration for purpose of interests register
244Governance bodies not subject to rule against perpetuities
245Māori incorporations may continue to maintain share register
246Chief executive must notify Māori incorporation of matters affecting share register
247Māori incorporations may adjust shareholding
248Relationship between share register and Māori land register
249Sections 245 to 248 cease to apply if Māori incorporation becomes rangatōpū
250General law on estates subject to this Part
251Restrictions on gifting Māori freehold land by will
252Invalid disposition by will must be treated as intestacy
253Land status at time of death of owner determinative
254Change in land status between death of owner and vesting
255Māori land not available for payment of debts of estate
256Restrictions relating to testamentary promises legislation
257Restrictions relating to family protection legislation
258Eligible beneficiaries when owner dies intestate
259Succession by eligible beneficiaries when owner dies intestate
260Succession where more than 1 eligible beneficiary when owner dies intestate
261Family arrangement instead of whānau trust
262Application to give effect to succession when owner dies intestate
263Processing of application to give effect to succession when owner dies intestate
264Determination of application to give effect to succession where objection or competing application received
265Effect of succession
266Succession interests subject to certain rights of surviving spouse or partner
267Matters relating to whānau trust established on intestacy
268Trustees must update declaration of combined whānau trust
269Vesting of rent-free lease for residential housing where grantee dies intestate
270Application for vesting of rent-free lease for residential housing
271Procedure after chief executive receives application for vesting of rent-free lease for residential housing
272Matters for court to take into account when determining competing applications for vesting of rent-free lease for residential housing
273Vesting of land or interest gifted by will where grant of administration
274Vesting of land or interest gifted by will where grant of administration but no effective administration
275Vesting of land or interest gifted by will where no grant of administration
276Family arrangements made by beneficiaries of testamentary gift
277Chief executive may vest beneficial interest in administrator
278Recording of certain rights of surviving spouses and partners
279Removal of records of certain rights of surviving spouses and partners
280Court may make special provision relating to income for whāngai and adopted children
281Chief executive to keep succession register
282Instruments or notices issued under Parts 1 to 9 must be provided to chief executive
283Chief Registrar of Māori Land Court to provide certain documents
284Māori land register
285Purpose of Māori land register
286Contents of Māori land register
287Access to Māori land register
288Chief executive may withhold information for person’s safety
289Application to chief executive to withhold information for person’s safety
290Exceptions to withholding information for person’s safety
291Historical and other information in Māori land register to be retained
292Powers to alter Māori land register
293Electronic workspace facilities
294Effect of certification of electronic instrument
295Evidentiary presumptions relating to Māori land register
296Court order to replace lost or destroyed instrument
297Chief executive may replace or reconstitute records
298Copying and imaging of paper instruments for purposes of Māori land register or other statutory purpose
299Māori freehold land status to be recorded on computer freehold register
300Computer freehold register for land that is not Māori freehold land
301Computer freehold register only for entire freehold estate in Māori freehold land
302Change to name of parcel
303Orders, instruments, and notices must be registered
304Registration under Land Transfer Act 1952
305Notation upon registration of certain dispositions
306Registration of land in name of trust or tupuna
307Vesting of land by or under enactment
308Māori land remains affected by existing interests after vesting
309Parcel of Māori freehold land does not vest in the Crown if it has no owner
310Individual freehold interest in Māori freehold land does not vest in the Crown if it has no owner
311Disposition or vesting of land to which roadway provides access
312Unused road may be stopped and vested
313Vesting of stopped road
314Jurisdiction of court for purposes of Parts 1 to 9
315Rights and interests preserved
316Power of court to grant relief in relation to Māori freehold land
317Court may determine claims to ownership, etc, of Māori freehold land
318Court may declare ownership of Māori freehold land if ownership not accurately recorded
319Jurisdiction in respect of certain trusts
320Jurisdiction in proceeding for recovery of land
321Power of court to grant specific performance of leases of Māori freehold land
322Jurisdiction of court under Fencing Act 1978
323Powers of court under Contracts (Privity) Act 1982 and Contractual Remedies Act 1979
324Chief Judge may correct mistakes and omissions
325Applications for exercise of special powers
326Powers of Chief Judge to deal with applications under section 325
327Administrative and consequential matters
328Effect of amendment or cancellation on payments made or trust money
329Deputy Chief Judge may exercise special powers of Chief Judge
330Māori customary land not available for enforcing judgment against debtor
331Māori freehold land not available for enforcing judgment against debtor
332Māori freehold land available in bankruptcy
333Reasonable access to landlocked Māori land
334No court order for division of Māori land among co-owners
335Exclusion of interests in Māori land founded on adverse possession
336Giving of notices
337Notices to owners of Māori customary land
338Notices to owners of Māori freehold land
339Time for responding to notices
340Regulations
341Regulations relating to governance agreements
342Purpose
343Interpretation
344Chief executive to provide dispute resolution services
345How dispute resolution process initiated
346When dispute resolution process must begin
347Role of kaitakawaenga
348Conduct of dispute resolution process
349Parties may confer powers of recommendation or decision on kaitakawaenga
350Successful dispute resolution outcome
351Unsuccessful dispute resolution outcome
352Status of dispute resolution services
353Independence of kaitakawaenga
354Chief executive may issue general instructions
355Judge may refer dispute for dispute resolution
356Parties to refer disputes for dispute resolution before court may proceed
357Interpretation
358Transitional, savings, and related provisions
359Act binds the Crown
360Māori Land Court continued
361Administration of court
362Court districts
363Seal of court
364Interpretation
365Advisory jurisdiction of court
366Jurisdiction of court to make determinations
367Procedural provisions in Schedule 6 apply
368Interpretation
369Advisory jurisdiction of court
370Jurisdiction of court to make determinations
371Procedural provisions in Schedule 7 apply
372Governor-General may confer special jurisdiction
373Orders for payment of money held in trust
374Additional members for purposes of court’s special jurisdiction
375Reference to court for inquiry
376Additional members for purposes of inquiry
377Additional members in relation to matter of tikanga Māori
378Application
379Oath to be taken by additional member
380Fees and allowances
381Quorum and decisions
382Questions undecided referred to Māori Appellate Court
383Exercise of jurisdiction generally
384Powers of court may be exercised by any Judge
385Powers of Registrars
386Power of Judge to refer matter to Registrar
387Power to remove proceedings to another court
388Power to award interest on debt or damages
389Equitable relief
390Decisions and orders to be pronounced in open court, and minute recorded
391Formal requirements and commencement of orders
392Rehearings
393Judges and officers of court appointed under the Te Ture Whenua Maori Act 1993
394Māori Appellate Court continued
395Constitution of court
396Officers of Māori Land Court to be officers of Māori Appellate Court
397Seal
398Appeals from Māori Land Court
399Who can bring appeal against final decision or order of Māori Land Court
400Appeals against provisional determinations of Māori Land Court
401Māori Land Court may state case for Māori Appellate Court
402High Court may state case for Māori Appellate Court
403Additional members with knowledge and experience in tikanga Māori
404Quorum and decision of court
405Further appeal to Court of Appeal from Māori Appellate Court
406Direct appeal to Supreme Court from Māori Appellate Court in exceptional circumstances
407Commencement of orders
408Successive appeals about same matter
409Appeals to be by way of rehearing
410Powers of court on appeal
411Decision of majority to be decision of court
412Application and interpretation
413Conduct of proceedings generally
414Judicial conferences and directions
415Parties and witnesses may use Māori language
416Evidence in proceedings
417Representation of parties, etc
418Court may correct defects or errors in proceedings
419Case may be stated for High Court
420Court must give notice before making order on own initiative
421Jurisdiction to issue injunctions
422High Court may enforce injunctions
423Orders may be made subject to conditions
424Orders not invalid for want of form, etc
425Orders nominally in favour of deceased persons
426Persons bound by orders affecting land
427Orders affecting Māori land conclusive after 10 years
428Costs orders
429Security for costs
430Taxation of costs
431Enforcement of judgments and orders relating to money, land, or chattels
432Charging orders
433Appointment of receiver to enforce charges, etc
434Functions and powers of receiver
435Discharge of receiver
436Court may order repayment out of money held by trustee, etc
437Amendment of orders, warrants, etc
438Amendment or cancellation of orders not to affect acquired rights
439Judge may convene judicial settlement conference
440Contempt of court
441Appointment of Judges
442Attorney-General to publish information concerning appointment process
443Judge not to undertake other employment or hold other office
444Protocol relating to activities of Judges
445Judges act on full-time basis but may be authorised to act part-time
446Chief Judge and deputy
447Delegation to Deputy Chief Judge
448Appointment of temporary Judges
449Former Judges
450Certificate by Chief Judge and 1 other Judge prerequisite
451Tenure of office
452Judges to have immunities of High Court Judges
453Salaries and allowances of Judges
454Rules Committee continued
455Fees and travelling allowances
456Principal function of Rules Committee
457Rules of court
458Regulations
459Practice notes
460Māori Land Court Special Aid Fund
461Court may create charges over property
462Information regarding reserved judgments
463Recusal guidelines
464Judge may make order restricting commencement or continuation of proceeding
465Grounds for making section 464 order
466Terms of section 464 order
467Procedure and appeals relating to section 464 orders
468References to Judge in sections 464 to 467
469Overview
470Repeal
471Revocations
472Consequential amendments to other enactments
473Principal Act
474Section 446 amended (Council may cover in watercourse so as to make it a public drain)
475Principal Act
476Section 2 amended (Interpretation)
477Section 48 amended (Powers of Minister over roads under Minister’s control)
478Section 50 amended (Owner or occupier of land not to cause damage to bridge by removal of stone, etc)
479Section 55 amended (Removal of trees, hedges, etc, that obscure visibility or interfere with public work)
480Section 61 amended (Powers and duties of Agency in relation to State highways)
481Section 74 amended (Land may be temporarily occupied)
482Section 76 amended (Access to land cut off from road or separated by motorway)
483Principal Act
484New section 19A inserted (Alternate Land Valuation Tribunals for matters under specified enactments)
19AAlternate Land Valuation Tribunals for matters under specified enactments
485Amendments to Rating Valuations Act 1998
486New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
487Sections 53 and 54 and cross-heading repealed
488Schedules 1 and 2 replaced
489Amendments to Local Government (Rating) Act 2002
490New section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
491New Schedule 1AA inserted
492Amendments to Local Government Act 2002
493Schedule 1AA amended
494Amendments to Rating Valuations Act 1998
495Section 2 amended (Interpretation)
496Section 5 amended (Valuer-General may make rules setting requirements in relation to valuations and district valuation rolls)
497New section 22 inserted (Whenua Māori adjusted values for rating unit of Māori freehold land)
22Whenua Māori adjusted values for rating unit of Māori freehold land
498New section 52A inserted (Regulations about whenua Māori adjusted values for Māori freehold land)
52ARegulations about whenua Māori adjusted values for Māori freehold land
499Amendments to Local Government (Rating) Act 2002
500Section 5 amended (Interpretation)
501Section 27 amended (Rating information database)
502Cross-heading above section 114 replaced
503New section 117AA inserted (Write-off of rates)
117AAWrite-off of rates
504Schedule 1 amended
505Schedule 3 amended
506Amendments to Local Government Act 2002
507Section 102 amended (Funding and financial policies)
508New section 110A inserted (Policy on non-rateability of unused Māori freehold land and on write-off of earlier rates)
110APolicy on non-rateability of unused Māori freehold land and on write-off of earlier rates
509New Schedule 11A inserted

The Parliament of New Zealand enacts as follows:

1 Title

This Act is Te Ture Whenua Māori Act 2021.

2 Commencement

This Act comes into force on the date that is 1 year after the date on which it receives the Royal assent.

Part 1 Preliminary provisions

3 Aronga me ngā mātāpono o tēnei Ture/Purpose and principles of Act
Māori version

(1)

Ko tā tēnei Ture he whakaū i te noho pūmau o te whai tonu a te Māori i te mana me te tino rangatiratanga i kawea inamata, ā, e kawea tonu nei mō ō rātou whenua, ā rātou rawa me ā rātou taonga, e ai ki te tikanga Māori, e ai anō ki ngā kupu taurangi i tukua ki te Māori i Te Tiriti o Waitangi, e tiakina ai te mana o te hunga whai pānga ki te whenua Māori, kia noho pūmau ō rātou whenua ki a rātou, kia whakahaeretia, kia nohoia, kia whakatupuria ō rātou whenua hei taonga tuku iho, e whai painga ai ngā reanga o nāianei, me ērā e piki ake ana, tae atu ki ō rātou whānau me ō rātou hapū.

(2)

Ko ngā mātāpono o te Ture, koia ēnei—

(a)

mā te whakapapa rawa e noho taonga tuku iho tonu ai te whenua Māori:

(b)

ko te tikanga Māori kei te tūāpapa o ngā take e pā ana ki te whenua Māori:

(c)

ko Te Tiriti o Waitangi kei te tūāpapa o te whakatinanatanga o ngā ture e pā ana ki te whenua Māori:

(d)

kei te hunga whai pānga ki te whenua Māori te tikanga mō te whakamahinga o ō rātou whenua:

(e)

kei te hunga whai pānga ki te whenua Māori te mana ki te whai huarahi kē hei whakatupu i te whenua hei painga mō ngā reanga whai pānga o nāianei me ērā e piki ake ana, ō rātou whānau me ō rātou hapū:

(f)

me whakahaere ngā tautohetohe mō te whenua Māori i runga i te whai kia mau tonu, kia pai ake rānei te whanaungatanga i waenga i te hunga whai pānga, tae atu ki ō rātou whānau me ō rātou hapū.

English version

(3)

The purpose of Parts 1 to 9 is to recognise and provide for the mana and tino rangatiratanga that since time immemorial Māori have exercised and continue to exercise over their lands, resources, and taonga in accordance with tikanga Māori and, consistent with the guarantees given to Māori in Te Tiriti o Waitangi, to protect the right of owners of Māori land to retain, control, occupy, and develop their land as a taonga tuku iho for the benefit of present and future generations of owners, their whānau, and their hapū.

(4)

The principles of Parts 1 to 9 are that—

(a)

Māori land endures as a taonga tuku iho by virtue of whakapapa:

(b)

tikanga Māori is central to matters involving Māori land:

(c)

Te Tiriti o Waitangi is central to the application of laws affecting Māori land:

(d)

owners of Māori land have the right to decide how their land is used:

(e)

owners of Māori land have the right to take advantage of opportunities to develop their land for the benefit of present and future generations of owners, their whānau, and their hapū:

(f)

disputes involving Māori land should be managed in a manner that maintains or enhances the relationships among the owners and the members of their whānau and hapū.

Māori version prevails

(5)

The English version explains the purpose and principles of Parts 1 to 9 in English, but the Māori version prevails and is not affected by the explanation.

4 Achieving purpose and recognising principles of Act

(1)

A person who exercises a power or performs a function or duty under Parts 1 to 9 must do so, as far as possible, to achieve the purpose of Parts 1 to 9.

(2)

In seeking to achieve that purpose, the person must recognise the principles of Parts 1 to 9.

(3)

This section applies, for example, to—

(a)

the court in considering or making any determination or decision under Parts 1 to 9, such as a decision—

(i)

to change the status of Māori customary land to Māori freehold land under section 17; or

(ii)

to make an order declaring that a parcel of land ceases to be Māori freehold land under section 28; or

(iii)

to make an order granting reasonable access to landlocked land under section 333; and

(b)

any chief executive who exercises a power or performs a function or duty under Parts 1 to 9.

5 Interpretation

In Parts 1 to 9, unless the context otherwise requires,—

administration has the meaning given in section 2(1) of the Administration Act 1969

administrator has the meaning given in section 2(1) of the Administration Act 1969

adoption order has the meaning given by section 2 of the Adoption Act 1955

applicable survey standards means the standards or requirements for the conduct of cadastral surveys—

(a)

under Part 5 of the Cadastral Survey Act 2002; or

(b)

under any former enactment that applied when the survey was done

asset base means the Māori freehold land and other assets and liabilities managed by a governance body under a governance agreement

association with land in accordance with tikanga Māori is a term whose meaning is affected by section 8

charge

(a)

means a right or interest in relation to an estate or interest in land that secures the payment of money to a person who is owed money; and

(b)

includes a charge imposed by a charging order

chief executive, in relation to any provision of Parts 1 to 9, means the chief executive of the department that, with the authority of the Prime Minister, is responsible for the administration of that provision

class of collective owners means—

(a)

for a parcel of Māori customary land, the defined class of owners who hold the parcel in accordance with tikanga Māori:

(b)

for a parcel of Māori freehold land, the defined class of owners who hold the parcel in collective ownership in accordance with section 53

computer register and computer freehold register

(a)

have the meanings given by section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and

(b)

include a certificate of title issued under the Land Transfer Act 1952

court means the Māori Land Court

Crown has the meaning given in section 2(1) of the Public Finance Act 1989 and, to avoid doubt, includes the chief executive of a department referred to in that definition

Crown land

(a)

means land that has not been alienated from the Crown in fee simple or that is vested in the Crown or held in fee simple by the Crown; but

(b)

does not include Māori land

custodian trustee, in relation to a trust, means a trustee—

(a)

in whom the trust property is vested; and

(b)

who is not responsible for the administration of the trust

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

dispose of means to make a disposition

disposition

(a)

means any transaction affecting the legal or equitable ownership of an estate or interest in land, including—

(i)

any sale, gift, exchange, transfer, transmission, assignment, settlement, appointment, or creation of a trust in relation to an estate or interest in land:

(ii)

any other dealing in relation to an estate or interest in land; and

(b)

means the grant or creation, at law or in equity, of—

(i)

any lease, easement, profit à prendre, mortgage, charge, licence, or power over an estate or interest in land; or

(ii)

any other estate or interest in land; and

(c)

means a boundary adjustment, a partition, a subdivision, or an amalgamation of parcels of land or an aggregation, or a cancellation of an aggregation, of ownership of parcels of land; and

(d)

includes a disposition by a living individual, by any other person, or by will; and

(e)

includes an agreement to make a disposition, such as an agreement to the acquisition of land under the Public Works Act 1981; but

(f)

does not include any vesting of an estate or interest in land, or any creation of a trust upon vesting, by or under an Act (except for a vesting that is part of a disposition described by paragraph (c))

electronic instrument means an instrument in electronic form

electronic workspace facility has the meaning given in section 293(7) (which relates to electronic facilities approved by the chief executive for use in the preparation of certain electronic instruments to be provided under Parts 1 to 9)

eligible beneficiary, in Part 7, means a person described in section 258(2) and (3)

existing statutory body has the meaning given by section 168(3)

freehold estate

(a)

means an estate held in fee simple or for life; but

(b)

does not include a leasehold estate, such as a lease for life

governance agreement means an agreement that complies with Schedule 4 under which a governance body manages an asset base on behalf of the owners of the Māori freehold land that is within the asset base

governance body means a body referred in section 168(1) that is party to a registered governance agreement

governance certificate means a governance certificate (see section 178) that is issued or certified by the chief executive in accordance with the requirements that are prescribed by regulations made under Parts 1 to 9

immediate family, in relation to a person,—

(a)

means members of the person’s whānau who—

(i)

are in a close relationship with the person; or

(ii)

have, in accordance with tikanga Māori, responsibility for, or an interest in, the person’s welfare and best interests; and

(b)

to avoid doubt, includes the following individuals:

(i)

the person’s spouse, civil union partner, or de facto partner:

(ii)

the person’s child, stepchild, or grandchild:

(iii)

the person’s brother, sister, half-sister, half-brother, stepsister, or stepbrother:

(iv)

a parent, step-parent, or grandparent of the person:

(v)

an aunt, uncle, nephew, niece, or first cousin of the person

individual freehold interest has the meaning given by section 6

instrument

(a)

means a document in paper or electronic form; and

(b)

includes an order of the court and an order made by a Judge

intestate includes a person who leaves a will but dies intestate as to some beneficial interest in his or her real or personal property

Judge

(a)

means a Judge of the Māori Land Court; and

(b)

includes the Chief Judge and the Deputy Chief Judge of that court

kaitiaki, in relation to a governance body or proposed governance body, means—

(a)

if the body is Public Trust, or a Māori Trust Board (as defined in section 2(1) of the Māori Trust Boards Act 1955), a member of the board of the body:

(b)

if the body is the Māori Trustee, the Māori Trustee:

(c)

if the body is a Māori incorporation, a member of the committee of management:

(d)

if the body is 1 or more trustees of a trust, a trustee (other than an advisory trustee, an associate trustee, or a custodian trustee):

(e)

in any other case, a person occupying a position in the body that is comparable with that of a director of a company

kaiwhakahaere means a person appointed by the court to represent the owners of Māori land for a specified administrative purpose, either by—

(a)

appointment under section 201 in relation to Māori freehold land; or

(b)

appointment under section 18 in relation to Māori customary land

kaiwhakamarumaru means a person appointed by the court under section 86 to manage the property of an owner needing protection

kawenata tiaki whenua means a covenant over land created under section 47 to preserve and protect places of cultural or historical interest or special significance according to tikanga Māori

land includes—

(a)

estates and interests in land:

(b)

buildings and other permanent structures on land:

(c)

land covered with water:

(d)

plants, trees, and timber on or under land

Māori means an individual of the Māori race of New Zealand, and includes a descendant of such an individual

Māori customary land has the meaning given by section 13

Māori freehold land

(a)

has the meaning given by section 21; and

(b)

in Part 7, includes—

(i)

vested land within the meaning of section 2(1) of the Maori Vested Lands Administration Act 1954; and

(ii)

reserved land within the meaning of section 2(1) of the Maori Reserved Land Act 1955

Māori land means Māori customary land and Māori freehold land

Māori land register means the register of matters relating to Māori land kept by the chief executive under section 284, and includes records for—

(a)

parcels of Māori freehold land and the nature of the beneficial interests held in the land; and

(b)

governance agreements; and

(c)

rangatōpū; and

(d)

succession; and

(e)

other bodies appointed to manage land on behalf of owners

Māori reserve means—

(a)

any land vested in the Māori Trustee as, or for the purposes of, a Māori reserve; and

(b)

any land that is subject to the Maori Reserved Land Act 1955

Māori Trustee has the meaning given by section 2(3) of the Māori Trustee Act 1953

Minister means the Minister who, with the authority of the Prime Minister, is responsible for the administration of Parts 1 to 9

owner

(a)

has the meaning given by section 7; but

(b)

in Part 7, means a person entitled to a beneficial interest

owner needing protection has the meaning given by section 87

paper instrument means an instrument in paper form

parcel, in relation to any Māori freehold land,—

(a)

means the freehold estate in a discrete area of land that—

(i)

is defined as a parcel in compliance with the applicable survey standards; or

(ii)

is identified in a court order, Crown grant, or other instrument issued under an Act for the purpose of defining a parcel and specifying the freehold ownership of the parcel:

(b)

may include, for example, a single area with 1 continuous boundary or multiple areas that are physically separate as a result of prior partitions or other actions

participate, in relation to a proposal for decision by the owners of Māori freehold land, means that an owner—

(a)

attends a meeting at which the proposal is considered,—

(i)

whether in person, via a proxy or other representative, or via any communication technology; and

(ii)

whether or not the owner votes; or

(b)

does not attend such a meeting but casts a vote on the proposal

participating owners means the owners of Māori freehold land who participate in a proposal for decision by the owners of the land

practitioner means a lawyer or conveyancing practitioner as those terms are defined in section 6 of the Lawyers and Conveyancers Act 2006

preferred recipient has the meaning given by section 109

private land

(a)

means land held in fee simple by a person other than the Crown; and

(b)

includes Māori land

proxy or other representative means a person appointed as a proxy or other representative of another person in accordance with—

(a)

the governance agreement for the land, if there is an agreement that provides for the appointment of proxies or other representatives; or

(b)

in any other case, regulations made under Parts 1 to 9

Public Trust has the meaning given by section 4 of the Public Trust Act 2001

rangatōpū means a governance body registered in the Māori land register as a rangatōpū

rangatōpū certificate means a rangatōpū certificate (see section 178) that is issued or certified by the chief executive in accordance with the requirements that are prescribed by regulations made under Parts 1 to 9

Registrar means any Registrar of the Māori Land Court

Registrar-General means the Registrar-General of Land appointed under section 4(1) of the Land Transfer Act 1952

representative entity has the meaning given by section 168(3)

requirements of Parts 1 to 9 includes the requirements of any regulations made under Parts 1 to 9

road has the meaning given by section 315(1) of the Local Government Act 1974

State highway has the meaning given by section 5(1) of the Land Transport Management Act 2003

statutory declaration means a declaration made in accordance with the Oaths and Declarations Act 1957

Surveyor-General means the Surveyor-General appointed under section 5(1) of the Cadastral Survey Act 2002

trustee company has the meaning given by section 2 of the Trustee Companies Act 1967

unpaid distribution has the meaning given in section 225(1)(a)

unpaid distribution details, in relation to an unpaid distribution, means the details listed in section 225(1)(b)

wāhi tapu means a place sacred to Māori in the traditional, spiritual, religious, ritual, or mythological sense

wāhi tūpuna means a place important to Māori for its ancestral significance and associated cultural and traditional values

welfare guardian has the meaning given by section 2 of the Protection of Personal and Property Rights Act 1988

whānau trust means a trust established in accordance with section 66

whāngai means someone adopted by Māori customary adoption in accordance with the tikanga of the respective whānau or hapū

whenua tāpui means land reserved as a whenua tāpui by a declaration under subpart 2 of Part 2.

6 Meaning of individual freehold interest

(1)

In Parts 1 to 9, an individual freehold interest in a parcel of Māori freehold land means each of 2 or more beneficial interests (or shares) in the freehold estate in the parcel of land that are able to be dealt with separately from each other.

(2)

To avoid doubt,—

(a)

joint tenants who own an individual freehold interest do not have separate individual freehold interests as between themselves; and

(b)

a member of a class of collective owners that holds the freehold estate in a parcel of land does not have an individual freehold interest in the land.

Example

There are 4 equal shares in the freehold estate in a parcel of Māori freehold land. The first 3 shares are held by 1 owner each and the fourth share is held by 2 owners as joint tenants. As between the 4 shares, the owners hold the shares as tenants in common. So there are 4 individual freehold interests in the land, 1 for each share (including the 1 share held by the joint tenants).

7 Meaning of owner

(1)

This section defines owner in relation to private land.

(2)

The owner of a parcel of Māori customary land means the members of the class of persons who hold the parcel of land in accordance with tikanga Māori.

(3)

The owner of a parcel of Māori freehold land means—

(a)

the sole owner of the beneficial interest in the freehold estate in the parcel; or

(b)

each of the multiple owners (including each member of a class of collective owners) of the beneficial interest in the freehold estate in the parcel.

(4)

The owner of one of the individual freehold interests in a parcel of Māori freehold land means the individual or the joint tenants who own the interest.

(5)

The owner of a parcel of private land that is not Māori land means the legal owner of the freehold estate in the parcel.

(6)

To avoid doubt, if the trustees of a whānau trust or other trust (other than a governance body) hold a parcel of private land other than Māori customary land, or an individual freehold interest in such a parcel, the trustees are the owners of the parcel or interest.

(7)

To avoid doubt, if a kaiwhakamarumaru is managing a parcel of private land other than Māori customary land, or an individual freehold interest in such a parcel, the kaiwhakamarumaru must be treated as the owner of the parcel or interest (in accordance with section 90).

8 Association with land in accordance with tikanga Māori

(1)

The following persons must be treated as being associated with the relevant land in accordance with tikanga Māori for the purposes of Parts 1 to 9:

(a)

a Māori person who, at the commencement of this section, is an owner or a former owner of Māori freehold land:

(b)

a Māori person who, at the commencement of this section, is a beneficiary or former beneficiary of a trust whose trustees are or were owners of Māori freehold land:

(c)

a successor to SILNA land, as those terms are defined by section 446 of the Ngāi Tahu Claims Settlement Act 1998:

(d)

a child, grandchild, or other descendant of such an owner, beneficiary, or successor, as long as the descendant’s association with the land has not been lost in accordance with tikanga Māori.

(2)

To avoid doubt, the effect of this section is that assessments of association with land do not need to go back earlier than the commencement of this section.

9 Descent relationships determined by tikanga Māori

(1)

This section applies to a provision of Parts 1 to 9 that depends on there being a relationship of descent between people, such as a provision that refers to—

(a)

a child, grandchild, brother, sister, parent, grandparent, whānau, or descendant; or

(b)

an association with land in accordance with tikanga Māori.

(2)

For any child who is a whāngai or the subject of an adoption order, the tikanga of the respective whānau or hapū determines whether there is a relationship of descent between the child and 1 or both of the following types of parent for the purposes of that provision:

(a)

the child’s new parents after the child became a whāngai or the subject of an adoption order:

(b)

the child’s parents before the child became a whāngai or the subject of an adoption order.

(3)

An order made by the court on any of the following matters is proof of the matter for the purposes of Parts 1 to 9:

(a)

whether a child is a whāngai:

(b)

whether a child’s relationship with the parents described in 1 or both of subsections (2)(a) and (b) is a relationship of descent.

(4)

This section prevails over the Adoption Act 1955.

10 Evidence of applicable tikanga Māori

In any proceedings under Parts 1 to 9, any question as to the tikanga Māori that applies in a particular situation must be determined on the basis of evidence.

11 Transitional, savings, and related provisions

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

12 Act binds the Crown

Parts 1 to 9 binds the Crown.

Part 2 Whenua Māori/Māori land, whenua tāpui, and kawenata tiaki whenua

Subpart 1—Whenua Māori/Māori land

Māori customary land

13 Definition of Māori customary land

In Parts 1 to 9, Māori customary land

(a)

means land held by Māori in accordance with tikanga Māori; and

(b)

includes land that,—

(i)

before the commencement of Parts 1 to 9, the court determined to be Māori customary land; and

(ii)

immediately before the commencement of Parts 1 to 9, has not become or been determined to be land of another status; but

(c)

does not include Māori freehold land.

14 Māori customary land cannot be disposed of

(1)

An estate or interest in Māori customary land cannot be—

(a)

disposed of; or

(b)

vested or acquired under an Act or in any other way.

(2)

However, this section does not prevent—

(a)

any change in the class of collective owners who, in accordance with tikanga Māori, hold a parcel of Māori customary land, as long as the change is made in accordance with tikanga Māori:

(b)

the reservation of Māori customary land as a whenua tāpui, the cancellation of the reservation, any vesting related to the reservation or cancellation, or the grant of any lease under subpart 2:

(c)

the change in status of Māori customary land to Māori freehold land under section 17:

(d)

the creation, cancellation, or variation of an easement over Māori customary land under section 148 or 149:

(e)

the grant of reasonable access to landlocked Māori customary land by an order made under section 328 of the Property Law Act 2007 (as applied by section 333 of Parts 1 to 9).

15 Court may determine whether land is Māori customary land

(1)

The court may determine whether any land is Māori customary land.

(2)

The court may make the determination—

(a)

on its own initiative in any proceedings; or

(b)

on application by—

(i)

any person with an interest in the matter; or

(ii)

the Registrar-General; or

(iii)

the Minister.

(3)

After making its determination, the court must make an order that—

(a)

specifies the parcel or parcels comprising the land or, if the land is not in defined parcels, describes the land so that it can be identified; and

(b)

declares that the land is, or is not, Māori customary land.

(4)

If the court’s order declares that the land is not Māori customary land, it may also declare that the land is or is not Crown land or other private land.

16 Court may determine class of collective owners of Māori customary land

(1)

The court may determine the class of collective owners who, in accordance with tikanga Māori, hold a parcel of Māori customary land.

(2)

The court may make the determination—

(a)

on its own initiative in any proceedings; or

(b)

on application by—

(i)

any individual Māori or group or class of Māori who claim an interest in the land; or

(ii)

the Minister.

(3)

The class of collective owners must include all descendants of the members of the class.

(4)

After determining the class of collective owners, the court must decide under section 17 whether to change the status of the land to Māori freehold land.

(5)

If the court decides to change the status, it must make an order under section 17.

(6)

If the court decides not to change the status, it must make an order that—

(a)

specifies the parcel or parcels comprising the land or, if the land is not in defined parcels, describes the land so that it can be identified; and

(b)

defines the class of collective owners of the land; and

(c)

appoints a kaiwhakahaere for the land in accordance with section 18, if there is not one already.

(7)

The court has exclusive jurisdiction to determine the class of collective owners of Māori customary land.

(8)

To avoid doubt,—

(a)

the court must not determine that the land is held by owners in defined shares; and

(b)

if a determination has already been made under this section and the land remains Māori customary land, another determination may be made if ownership has been transferred in accordance with tikanga Māori; and

(c)

a determination under this section merely recognises, and does not change, the existing ownership.

17 Court may change status of Māori customary land to Māori freehold land

(1)

This section applies if—

(a)

the court is required to make a decision under this section after determining a class of collective owners of Māori customary land under section 16; or

(b)

the kaiwhakahaere appointed for Māori customary land under section 18 at any time applies for an order under this section.

(2)

The court must decide whether to change the status of the land to Māori freehold land.

(3)

The court must not decide to change the status unless it is satisfied that—

(a)

the chief executive, at the court’s direction, notified and held a meeting of the owners of the land in accordance with Schedule 2 to consider the proposed change of status (and that schedule applies to the proposal with any necessary modifications); and

(b)

the change of status is agreed to by more than 50% of the owners of the land who attended the meeting; and

(c)

the land comprises a parcel or parcels defined in compliance with the applicable survey standards.

(4)

If the court decides to change the status, the court must make an order changing the status of the land to Māori freehold land.

(5)

The order must—

(a)

specify the parcel or parcels comprising the land; and

(b)

define the class of collective owners of the land as determined under section 16.

(6)

If an order is made changing the status of land to Māori freehold land, the land becomes subject to the Land Transfer Act 1952 on registration of the order under that Act.

18 Kaiwhakahaere appointed for Māori customary land

(1)

This section applies if the court is required to make an order under section 16 appointing a kaiwhakahaere for Māori customary land.

(2)

The order may appoint the kaiwhakahaere to do 1 or more of the things referred to in section 202(2)(a), (d), (e), (f)(i), (g), (i), and (j) in relation to the land.

(3)

The kaiwhakahaere appointed by the order may also do the following in relation to the land:

(a)

receive and respond to notices on behalf of the owners:

(b)

apply to the court for an order under section 17 (court may change status of Māori customary land to Māori freehold land):

(c)

bring proceedings under section 19 (trespass or injury to Māori customary land):

(d)

apply to the court for an order under section 32 (court order declaring private land reserved as whenua tāpui):

(e)

apply under section 327(1) of the Property Law Act for the grant of reasonable access to landlocked land (see section 333).

(4)

Sections 201(3), 203, 204, and 207 to 213 apply to the appointment, with any necessary modifications, as if—

(a)

the appointment were made under section 201; and

(b)

section 211(1) also provided that the appointment of a kaiwhakahaere ceases if an order is made changing the status of the land to Māori freehold land.

19 Trespass or injury to Māori customary land

(1)

This section applies to proceedings in the Māori Land Court or any other court—

(a)

to recover possession of Māori customary land from any person; or

(b)

to prevent, or recover damages for, trespass or injury to the land by any person.

(2)

The proceedings may be brought only by—

(a)

a member of the class of collective owners who hold the land in accordance with tikanga Māori, if the court has determined that class; or

(b)

in any case, the following person on behalf of the owners of the land:

(i)

a kaiwhakahaere appointed for the land; or

(ii)

the Māori Trustee, if there is no kaiwhakahaere appointed for the land and there is no evidence that the Māori Trustee is unauthorised to act.

20 Provisions for jurisdiction about Māori customary land do not apply to common marine and coastal area

Sections 15 to 19 do not apply to land in the common marine and coastal area (as defined by section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011).

Māori freehold land

21 Definition of Māori freehold land

In Parts 1 to 9, Māori freehold land means land that—

(a)

has become Māori freehold land in accordance with Parts 1 to 9 or any other enactment, whether before or after the commencement of Parts 1 to 9; and

(b)

has not ceased to be Māori freehold land.

22 Māori freehold land may be disposed of in certain ways

An estate or interest in Māori freehold land may be disposed of in the same way as private land that is not Māori land unless the disposition is prohibited or restricted by Parts 1 to 9 or another enactment.

23 Court may determine whether land is Māori freehold land

(1)

The court may determine whether any land is Māori freehold land.

(2)

The court may make the determination—

(a)

on its own initiative in any proceedings; or

(b)

on application by—

(i)

any person with an interest in the matter; or

(ii)

the Registrar-General.

(3)

After making its determination, the court must issue a declaration that—

(a)

specifies the parcel or parcels comprising the land; and

(b)

declares that the land is, or is not, Māori freehold land.

(4)

If the court declares that the land is not Māori freehold land, it may also declare that the land is or is not Crown land or other private land.

Land becomes Māori freehold land

24 How land becomes Māori freehold land

(1)

Land becomes Māori freehold land only in the following ways:

(a)

the court makes an order under section 17 to change the status of Māori customary land to Māori freehold land:

(b)

the court makes a vesting order under section 25 in respect of land other than Māori freehold land:

(c)

the court makes an order under section 26 declaring private land to be Māori freehold land:

(d)

an exchange of land is made and land becomes Māori freehold land under section 115:

(e)

a boundary adjustment is made and land that is not Māori freehold land changes status under section 124(5) by becoming part of a parcel of Māori freehold land:

(f)

land that is amalgamated, or whose ownership is aggregated, becomes Māori freehold land under section 133 or 137:

(g)

the court makes an order under section 223 and, if the order requires a change of ownership, the relevant governance body becomes the owner of the land:

(h)

another Act expressly provides that the land becomes Māori freehold land.

(2)

To avoid doubt,—

(a)

the court may determine and declare under section 23 that land is Māori freehold land; and

(b)

land may already have been Māori freehold land at the commencement of Parts 1 to 9; and

(c)

the chief executive has no power under Parts 1 to 9 to determine and declare that land is Māori freehold land.

25 Land becomes Māori freehold land by vesting order on change of ownership

(1)

The court may, on application, make a vesting order under this section in respect of land other than Māori freehold land.

(2)

An application may be made by—

(a)

the beneficial owners of land who want the land to vest in any individual Māori or group or class of Māori; or

(b)

the registered proprietor of land that was acquired for any individual Māori or group or class of Māori; or

(c)

any of the following persons for private land that was acquired by the Crown, a local authority, or a public body for a public work or other public purpose, but is no longer required for that purpose:

(i)

the Minister of the Crown under whose control the land is held or administered:

(ii)

the chief executive under the Cadastral Survey Act 2002:

(iii)

the local authority or public body that holds or administers the land; or

(d)

the Minister for Māori Development for any Crown land set aside or reserved for the use or benefit of Māori; or

(e)

any Minister of the Crown, or the registered proprietor of the land, for any Crown land not covered by another paragraph of this subsection.

(3)

An application may do 1 or more of the following:

(a)

propose the 1 or more persons in whom the land is to be vested:

(b)

specify a price to be paid for the land and any terms and conditions of payment:

(c)

propose any other conditions to be imposed by the order.

(4)

A vesting order—

(a)

must specify the parcel or parcels comprising the land; and

(b)

must vest the land in freehold—

(i)

in the 1 or more persons, and in the relative shares, determined by the court; or

(ii)

in the class of collective owners determined by the court, which must include all descendants of the members of the class; and

(c)

must vest the land so that, after the vesting, the land—

(i)

is released from any lease, licence, mortgage, easement, or other interest from which the grantee has consented to release it; but

(ii)

remains affected by any other such interest that affected it immediately before the vesting; and

(d)

may impose any conditions that the court thinks fit.

(5)

If an order is made, the land described in the order becomes Māori freehold land.

(6)

This section applies despite any other enactment that applies to the land, such as sections 40 to 42 of the Public Works Act 1981.

26 Private land other than Māori land may be declared Māori freehold land

(1)

The court may, on application, make an order declaring any private land other than Māori land to be Māori freehold land.

(2)

The application may be made by 1 or more owners of the land.

(3)

The court must make the order only if it is satisfied that—

(a)

the land is not managed under a governance agreement; and

(b)

for land that is held by the trustees of a whānau trust or other trust,—

(i)

the beneficiaries of the trust are 1 or more Māori, or a group or class of Māori, who are associated in accordance with tikanga Māori with the area in which the land is located; and

(ii)

the application is agreed to by the trustees and does not breach the terms of the trust; and

(c)

for other land,—

(i)

the land is beneficially owned by 1 or more Māori, or a group or class of Māori, who are associated in accordance with tikanga Māori with the area in which the land is located; and

(ii)

the application is agreed to by more than 50% of the participating owners of the land (casting votes of equal weight).

(4)

Sections 56 to 65 apply to the making of the decision that requires agreement under subsection (3)(c)(ii) as if the land were Māori freehold land.

(5)

The order must—

(a)

specify the parcel or parcels comprising the land; and

(b)

specify the existing owners of the land and relative shares (if any) of the owners.

(6)

See

(a)

section 53 for how the owners of the Māori freehold land may convert it to collective ownership:

(b)

section 218 for how land that is managed under a governance agreement may become Māori freehold land.

Land ceases to be Māori freehold land

27 How land ceases to be Māori freehold land

(1)

Land ceases to be Māori freehold land only in the following ways:

(a)

the court makes an order under section 28 declaring that the land ceases to be Māori freehold land:

(b)

an exchange of land is made and Māori freehold land becomes land of another status under section 115(11):

(c)

a boundary adjustment is made and Māori freehold land changes status under section 124(5) by becoming part of a parcel of land that is not Māori freehold land:

(d)

the land changes ownership after the court makes an order under section 116 declaring that the land ceases to be Māori freehold land on that change of ownership:

(e)

another Act expressly provides that the land ceases to be Māori freehold land.

(2)

This section does not affect the court’s power to determine and declare under section 23 that land is not Māori freehold land.

(3)

To avoid doubt,—

(a)

land does not cease to be Māori freehold land merely because it no longer has Māori owners; and

(b)

the chief executive has no power under Parts 1 to 9 to determine and declare that land is not Māori freehold land.

28 Land may cease to be Māori freehold land by declaration

(1)

The court may, on application, make an order declaring that a parcel of land ceases to be Māori freehold land.

(2)

The application may be made by 1 or more owners of the land.

(3)

The court must not make an order unless it is satisfied that—

(a)

the land is not held by a class of collective owners; and

(b)

the land is not managed under a governance agreement; and

(c)

no part of the land is reserved as a whenua tāpui; and

(d)

no part of the land is subject to a kawenata tiaki whenua; and

(e)

the land does not contain any wāhi tapu or wāhi tūpuna; and

(f)

the application is agreed to by owners who together hold a 75% or more share in the land; and

(g)

the purpose of Parts 1 to 9 can be achieved more effectively if the land does not have the status of Māori freehold land.

(4)

An order must specify the parcel or parcels comprising the land.

(5)

If an order is made, the parcel of land that ceases to be Māori freehold land remains private land, but is not Māori land.

(6)

See section 116 for how land that is managed under a governance agreement may cease to be Māori freehold land on the change of ownership from a sale or an exchange.

High Court jurisdiction over status of land

29 High Court jurisdiction over status of land

(1)

The Māori Land Court’s jurisdiction under this or any other Act does not affect the High Court’s jurisdiction to determine anything relating to the status of land.

(2)

A determination of the High Court prevails over any conflicting declaration or determination of the Māori Land Court.

Subpart 2—Whenua tāpui

30 Preliminary provision

(1)

In sections 32 and 34, the certain purposes for which whenua tāpui may be reserved are—

(a)

a papakāinga housing site:

(b)

a marae:

(c)

a meeting place:

(d)

a recreation or sports ground:

(e)

a bathing place:

(f)

a church site:

(g)

a building site:

(h)

an urupā:

(i)

a landing place:

(j)

a fishing ground:

(k)

a spring, well, catchment area, or other source of water supply:

(l)

a timber reserve:

(m)

a place of cultural or historical interest:

(n)

a place of scenic interest:

(o)

a place of special significance according to tikanga Māori:

(p)

a wāhi tapu or wāhi tūpuna:

(q)

any other particular purpose stated in the declaration.

(2)

In this subpart, despite references to a whenua tāpui being held and managed by an administering body, a whenua tāpui over Māori customary land is controlled and managed by the administering body, but as if the administering body held the land on trust.

31 Application for court order declaring private land reserved as whenua tāpui

(1)

A person may apply to the court for an order under section 32 declaring a new whenua tāpui or the addition of land to an existing whenua tāpui.

(2)

The application may be made by—

(a)

a kaiwhakahaere appointed for the land, for a declaration relating to Māori customary land; or

(b)

1 or more owners of the land, for a declaration relating to Māori freehold land or other private land.

(3)

For the declaration of a new whenua tāpui, the application must specify—

(a)

the name of the administering body to be appointed for the whenua tāpui; and

(b)

the names of the persons who are to be the members of the administering body.

(4)

For the declaration of a new whenua tāpui for the purpose of a marae, if the persons who affiliate with the marae in accordance with tikanga Māori have appointed a marae committee, the persons specified as members of the administering body must be the members of the marae committee.

(5)

For the declaration of a new whenua tāpui for the purpose of a marae or an urupā, other than a declaration relating to Māori customary land, the application may specify that the beneficial ownership of the land is to vest in the beneficiaries of the whenua tāpui.

32 Court order declaring private land reserved as whenua tāpui

(1)

The court may, on application, make an order declaring that—

(a)

any private land is reserved as a new whenua tāpui; or

(b)

any additional private land is reserved and included in an existing whenua tāpui declared over private land.

(2)

The order must be made in accordance with this section, section 33, and (for the declaration of a new whenua tāpui) section 38.

(3)

The declaration must not apply to—

(a)

land that is managed under a governance agreement (see section 47 for how a kawenata tiaki whenua may be created over such land for certain purposes); or

(b)

land that is subject to a mortgage or other charge; or

(c)

land that is subject to a lease or licence that is inconsistent with the purpose for which the land is to be reserved.

(4)

The declaration of a new whenua tāpui must reserve the land—

(a)

for the 1 or more certain purposes specified in the declaration; and

(b)

for the common use and benefit of 1 of the following classes of beneficiaries:

(i)

the owners of the land:

(ii)

Māori who belong to a class of persons specified in the declaration:

(iii)

the people of New Zealand; and

(c)

so that it is held and managed—

(i)

by the administering body appointed in the declaration and comprising the members specified in the declaration, which must match the administering body and members specified in the application; and

(ii)

subject to any conditions or restrictions that the court, at its discretion, specifies in the declaration.

(5)

The declaration of additional land for an existing whenua tāpui must reserve the land—

(a)

for the same purposes, and for the common use and benefit of the same class of beneficiaries, as for the existing whenua tāpui; and

(b)

so that it is held and managed by the same administering body, and subject to the same conditions or restrictions (if any), as for the existing whenua tāpui.

(6)

The declaration of a new whenua tāpui for the purpose of a marae or an urupā must reserve the land for the common use and benefit of Māori who belong to a class of persons specified in the declaration.

(7)

The declaration must also declare that the land vests in the beneficiaries of the whenua tāpui, but only if—

(a)

the declaration is about a new whenua tāpui to be reserved for the purpose of a marae or an urupā, and the application specified that beneficial ownership of the whenua tāpui is to vest in the beneficiaries; or

(b)

the declaration is about additional land, other than Māori customary land, for an existing whenua tāpui that is reserved for the purpose of a marae or an urupā, and the beneficial ownership of the whenua tāpui is vested in the beneficiaries.

(8)

The chief executive must give notice in the Gazette of the reservation of land for the common use and benefit of the people of New Zealand, on being provided under section 283 with a sealed copy of the order declaring the reservation (whether as a new whenua tāpui or as additional land for an existing whenua tāpui).

33 Court must be satisfied of matters for whenua tāpui on private land

(1)

The court must comply with this section before making an order under section 32 declaring a new whenua tāpui or the addition of land to an existing whenua tāpui.

(2)

The court must be satisfied that the application complies with section 31.

(3)

The court must be satisfied that,—

(a)

for a declaration relating to Māori customary land,—

(i)

the chief executive, at the court’s direction, notified and held a meeting of the owners of the land in accordance with Schedule 2 to consider the application (and that schedule applies to the application with any necessary modifications); and

(ii)

the application is agreed to by 75% or more of the owners of the land who attended the meeting; or

(b)

for a declaration relating to Māori freehold land for the purposes of a marae or an urupā, where the beneficial ownership of the land is to vest in the beneficiaries, the application is agreed to by owners who together hold a 75% or more share in the land; or

(c)

for a declaration relating to Māori freehold land in any other case, the application is agreed to by more than 50% of the participating owners of the land (casting votes of equal weight); or

(d)

for a declaration relating to other private land, the application is agreed to by the owners of the land.

(4)

If the land to be reserved is only part of a parcel and is not Māori customary land, the court must be satisfied that—

(a)

the land to be reserved is defined on a survey plan made in compliance with the applicable survey standards; or

(b)

the declaration is supported by a certificate from the Surveyor-General that the land to be reserved is adequately described or defined for the nature of the whenua tāpui and in relation to existing surveys made in compliance with the applicable survey standards.

(5)

For the reservation of land for the common use and benefit of the people of New Zealand (whether as a new whenua tāpui or as additional land for an existing whenua tāpui), the court must be satisfied that—

(a)

the relevant territorial authority consents to the reservation; and

(b)

the land does not contain a wāhi tapu or wāhi tūpuna.

34 Minister declares Crown land or other specified land reserved as whenua tāpui

(1)

The Minister responsible for Crown land or other specified land may, in accordance with this section and section 35, make a declaration that—

(a)

any Crown land or other specified land is reserved as a new whenua tāpui; or

(b)

any additional Crown land or other specified land is reserved and included in an existing whenua tāpui declared over Crown land or other specified land.

(2)

The declaration must not apply to—

(a)

land that is subject to a mortgage or other charge; or

(b)

land that is subject to a lease or licence that is inconsistent with the purpose for which the land is to be reserved; or

(c)

Crown forest land unless the reservation will not cause the Crown to breach any Crown forestry licence that affects the land.

(3)

The declaration of a new whenua tāpui over Crown land must reserve the land—

(a)

for the 1 or more certain purposes specified in the declaration; and

(b)

for the common use and benefit of Māori who belong to a class of persons specified in the declaration; and

(c)

so that it is held and managed—

(i)

by the administering body appointed in the declaration and comprising the members specified in the declaration; and

(ii)

subject to any conditions or restrictions that the Minister, at his or her discretion, specifies in the declaration.

(4)

The declaration of a new whenua tāpui over other specified land must reserve the land—

(a)

for the purposes of—

(i)

a place of cultural or historical interest; or

(ii)

a place of special significance according to tikanga Māori; or

(iii)

a wāhi tapu or wāhi tūpuna; and

(b)

for the common use and benefit of Māori who belong to a class of persons specified in the declaration; and

(c)

so that it is held and managed—

(i)

by the administering body appointed in the declaration and comprising the members specified in the declaration; and

(ii)

subject to any conditions or restrictions that the Minister, at his or her discretion, specifies in the declaration.

(5)

The declaration of additional Crown land or other specified land for an existing whenua tāpui must reserve the land—

(a)

for the same purposes, and for the common use and benefit of the same class of beneficiaries, as for the existing whenua tāpui; and

(b)

so that it is held and managed by the same administering body, and subject to the same conditions or restrictions (if any), as for the existing whenua tāpui.

(6)

The declaration must also declare that the land vests in the beneficiaries of the whenua tāpui, but only if—

(a)

the declaration is about a new whenua tāpui to be reserved for the purpose of a marae or an urupā; or

(b)

the declaration is about additional land for an existing whenua tāpui that is reserved for the purpose of a marae or an urupā, and the beneficial ownership of the whenua tāpui is vested in the beneficiaries.

(7)

Before making a declaration in relation to other specified land, the Minister must be satisfied that the land is as described in subsection (4)(a)(i) to (iii) (whichever applies).

(8)

The Minister need not make a declaration after obtaining the court’s recommendation under section 35, but if the Minister does make a declaration, the declaration must comply with the court’s recommendation of—

(a)

the name and membership of the administering body to be appointed for the whenua tāpui; and

(b)

an appropriate class of Māori persons for whose common use and benefit the whenua tāpui should be reserved.

(9)

A declaration under this section must be made by Gazette notice.

(10)

The Gazette notice is not a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

(11)

In this section and sections 35 to 37, other specified land means—

(a)

Crown forest land (as defined by section 2(1) of the Crown Forest Assets Act 1989):

(b)

land or an interest in land that is subject to resumption under section 27B of the State-Owned Enterprises Act 1986 and is held by a State enterprise (as defined by section 2 of that Act):

(c)

land or an interest in land that is subject to resumption under section 212 of the Education Act 1989 and is held by an institution (as defined by section 159 of that Act):

(d)

land or an interest in land that is subject to resumption under section 39 of the New Zealand Railways Corporation Restructuring Act 1990 and is held by a Crown transferee company (as defined by section 2 of that Act).

35 Minister must apply for court recommendation for new whenua tāpui on Crown land or other specified land

(1)

The Minister must comply with this section before declaring a new whenua tāpui under section 34.

(2)

If the land to be reserved is only part of a parcel, the Minister must be satisfied that—

(a)

the land to be reserved is defined on a survey plan made in compliance with the applicable survey standards; or

(b)

the declaration is supported by a certificate from the Surveyor-General that the land to be reserved is adequately described or defined for the nature of the whenua tāpui and in relation to existing surveys made in compliance with the applicable survey standards.

(3)

The Minister—

(a)

must apply to the court for a recommendation of the name and membership of the administering body to be appointed for the new whenua tāpui; and

(b)

may also apply to the court for a recommendation of an appropriate class of Māori persons for whose common use and benefit the new whenua tāpui should be reserved.

(4)

The application may, but need not, specify—

(a)

a proposed name for the administering body to be appointed for the whenua tāpui:

(b)

the names of persons proposed to be members of the administering body.

(5)

The court must, on application by the Minister, make a recommendation for each matter for which recommendation was sought (and the name of the administering body and the members may differ from any proposals in the application).

(6)

For the declaration of a new whenua tāpui over Crown land for the purpose of a marae, if the persons who affiliate with the marae in accordance with tikanga Māori have appointed a marae committee, the persons recommended as members of the administering body must be the members of the marae committee.

(7)

If the Minister applies for a recommendation under subsection (3)(b), the court must do the following before making the recommendation:

(a)

obtain evidence of people’s ancestral or cultural connections with the land, and give all those who claim such connections an opportunity to be heard, in order to determine an appropriate class of Māori persons for whose common use and benefit the whenua tāpui should be reserved; and

(b)

having determined the appropriate class, give its members an opportunity to be heard on the name and membership of the administering body.

36 Application for court order of declaration for existing whenua tāpui

(1)

A person may apply to the court for an order under section 37 that makes a declaration in relation to any existing whenua tāpui over any land.

(2)

The application may be made—

(a)

by the administering body of the whenua tāpui; or

(b)

by the following:

(i)

a kaiwhakahaere appointed for the land, for a declaration relating to Māori customary land; or

(ii)

1 or more owners of the land, for a declaration relating to Māori freehold land or other private land; or

(c)

for a declaration under section 37(1)(d) or (e),—

(i)

by a person referred to in paragraph (a) or (b); or

(ii)

by a beneficiary of the whenua tāpui; or

(iii)

by the Minister responsible for the land, if the whenua tāpui is over Crown land or other specified land.

(3)

For a declaration under section 37(1)(b) that a whenua tāpui is reserved for the purpose of a marae or an urupā, other than a declaration relating to Māori customary land, the application may specify that the beneficial ownership of the land is to vest in the beneficiaries of the whenua tāpui.

(4)

For a declaration about the membership of an administering body, the application must specify—

(a)

the name of the person who is to become a member; or

(b)

the name of the person who is to cease to be a member; or

(c)

the name of the person who is to replace a member and the name of the member who is to be replaced.

37 Court order of declaration for existing whenua tāpui

(1)

The court may, on application, make an order declaring the following in relation to any existing whenua tāpui over any land:

(a)

the reservation as whenua tāpui is cancelled for some or all of the land; or

(b)

the whenua tāpui is reserved for a different purpose; or

(c)

the whenua tāpui is reserved for the common use or benefit of a different class of beneficiaries; or

(d)

a person becomes, ceases to be, or replaces a member of the administering body appointed for the whenua tāpui; or

(e)

the conditions or restrictions imposed on how the administering body holds and manages the whenua tāpui are changed.

(2)

A declaration under subsection (1)(b) must also declare that the land vests in the beneficiaries of the whenua tāpui if the declaration is about a whenua tāpui to be reserved for the purpose of a marae or an urupā and the beneficial ownership of the whenua tāpui is to vest in the beneficiaries.

(3)

The order must be made in accordance with this section and (for a declaration under subsection (1)(e)) section 38.

(4)

The court must not make an order of declaration under this section unless it is satisfied that—

(a)

the application complies with section 36; and

(b)

the declaration would have been permitted by the provision under which the whenua tāpui was first declared; and

(c)

for a declaration relating to Māori customary land,—

(i)

the chief executive, at the court’s direction, notified and held a meeting of the owners of the land in accordance with Schedule 2 to consider the application (and that schedule applies to the application with any necessary modifications); and

(ii)

the application is agreed to by 75% or more of the owners of the land who attended the meeting; and

(d)

for a declaration relating to Māori freehold land to be reserved for the purposes of a marae or an urupā, where the beneficial ownership of the land is to vest in the beneficiaries, the application is agreed to by owners who together hold a 75% or more share in the land; and

(e)

for a declaration relating to Māori freehold land in any other case, the application is agreed to by more than 50% of the participating owners of the land (casting votes of equal weight); and

(f)

for a declaration relating to other private land, or to Crown land or other specified land, that is currently reserved for the owners of the land or Māori who belong to a class of persons,—

(i)

the administering body notified and held a meeting of the beneficiaries of the whenua tāpui in accordance with Schedule 2 to consider the application (and that schedule applies to the application with any necessary modifications); and

(ii)

at least 10 beneficiaries attended the meeting; and

(iii)

the application is agreed to by more than 50% of the beneficiaries who attended the meeting; and

(g)

for a declaration relating to other private land that is currently reserved for the common use and benefit of the people of New Zealand, the application is agreed to by the owners of the land; and

(h)

for a declaration relating to Crown land or other specified land that is currently reserved for the common use and benefit of the people of New Zealand, the application is agreed to by the Minister responsible for the land.

(5)

In addition, for a declaration relating to private land other than Māori land, or Crown land or other specified land, to be reserved for the purposes of a marae or an urupā, where the beneficial ownership of the land is to vest in the beneficiaries, the court must not make an order of declaration unless it is satisfied that,—

(a)

for private land, the application is agreed to by the owners of the land; or

(b)

for Crown land or other specified land, the application is agreed to by the Minister responsible for the land.

(6)

In addition, if the existing whenua tāpui is subject to a lease and the declaration is under subsection (1)(a), (b), or (e), the court must not make an order of declaration unless it is satisfied that,—

(a)

for a lease granted under section 42, the declaration does not affect the lease:

(b)

for a lease granted under section 43 or 44 and a declaration under subsection (1)(a) or (b), there are no occupied residences under the lease:

(c)

for a lease granted under section 43 or 44 and a declaration under subsection (1)(e), the declaration does not affect the lease.

(7)

The chief executive or the administering body must notify and hold a meeting for the purposes of subsection (4) if an application is made under this section.

(8)

If the court makes an order of declaration about the membership of an administering body, the order must appoint or remove members in accordance with the application.

(9)

The chief executive must give notice in the Gazette of an existing whenua tāpui becoming reserved for the common use and benefit of the people of New Zealand, on being provided under section 283 with a sealed copy of the order declaring the change of beneficiaries.

38 Court must seek and consider submissions for some orders

(1)

The court must comply with this section before—

(a)

making an order under section 32 declaring a new whenua tāpui; or

(b)

making an order under section 37 declaring that the conditions or restrictions imposed on how the administering body holds and manages an existing whenua tāpui are changed.

(2)

The court must give notice of the order it proposes to make—

(a)

directly to the applicants; and

(b)

directly to any other person whose address for notices is provided in the application; and

(c)

for a declaration about an existing whenua tāpui, directly to the administering body of the existing whenua tāpui; and

(d)

in the pānui of the court or any publication that replaces it.

(3)

The notice must—

(a)

provide details of the application; and

(b)

set out the court’s proposed order; and

(c)

invite submissions on the proposed order; and

(d)

specify the deadline by which submissions must be received.

(4)

The court must consider any submissions received by the deadline specified in the notice before finalising and making its order.

39 Effect of declarations about whenua tāpui

(1)

A declaration about a whenua tāpui by a court order takes effect when the order takes effect.

(2)

A declaration about a whenua tāpui by the Minister takes effect on the date on which the Gazette notice is published or any later date specified in the Gazette notice.

Reservation of land

(3)

When land is reserved as a whenua tāpui,—

(a)

the legal ownership of the land vests in the administering body appointed in the declaration unless the land is Māori customary land; and

(b)

the administering body holds the land in trust for the purposes for which it is reserved, for the common use and benefit of the beneficiaries, and subject to any conditions or restrictions specified in the declaration; and

(c)

a beneficiary may enter and use the land subject to—

(i)

the purposes for which the land is reserved; and

(ii)

any lease, licence, or easement over the land; and

(iii)

any reasonable conditions or restrictions imposed by the administering body; and

(d)

the land remains affected by any lease, licence, or easement that affected it immediately before the reservation; and

(e)

to avoid doubt, the land remains affected by any status or statutory regime (for example, as Crown forest land) that affected it immediately before the reservation and that is not overridden by section 46.

(4)

When land is reserved as a whenua tāpui for the purposes of a marae or an urupā, and the beneficial ownership of the land is declared to vest in the beneficiaries of the whenua tāpui, the beneficial ownership of the land vests in those beneficiaries (who become the class of collective owners of the land, despite anything in section 53).

(5)

When land is reserved as a whenua tāpui in any other case, the beneficial ownership of the land—

(a)

is unaffected and is distinct from the interests of the beneficiaries of the whenua tāpui; and

(b)

may continue to change by succession or otherwise.

Cancellation of reservation of land

(6)

When the reservation of land as whenua tāpui is cancelled, the legal ownership of the land vests in the beneficial owners of the land unless the land is Māori customary land.

40 Administering bodies

(1)

The administering body appointed for a whenua tāpui is a body corporate.

(2)

An administering body must have a board of at least 4 members, each of whom—

(a)

is ordinarily resident in New Zealand (within the meaning of section 207D(3) of the Companies Act 1993); and

(b)

is eligible to be a kaitiaki of a governance body under section 196(3).

(3)

A person appointed to the board remains a member until he or she dies, resigns, or is removed or replaced.

(4)

The function of an administering body is to hold and manage the whenua tāpui for the purposes for which it is reserved, for the common use and benefit of the beneficiaries, and subject to any conditions or restrictions imposed on the administering body.

(5)

An administering body may do anything authorised by Parts 1 to 9, or anything else that a natural person may do, for the purpose of performing its function.

(6)

A person appointed as a member of an administering body is protected from civil liability, however it may arise, for any act that the person does or omits to do in fulfilment or intended fulfilment of the purpose for which the person is appointed, unless—

(a)

the terms of the person’s appointment provide otherwise; or

(b)

the act or omission is done in bad faith or without reasonable care.

(7)

The rule against perpetuities and the provisions of the Perpetuities Act 1964 do not prescribe or restrict the period during which an administering body may hold or deal with property (including income derived from property).

41 Court order to restrain administering body

(1)

The court may, on application, make an order restraining the administering body, or a member of the administering body, of a whenua tāpui from doing anything—

(a)

inconsistently with the purposes for which the whenua tāpui is reserved; or

(b)

in breach of the conditions or restrictions imposed on how the administering body holds and manages the whenua tāpui.

(2)

The application may be made by 1 or more—

(a)

owners of the land; or

(b)

beneficiaries of the whenua tāpui; or

(c)

members of the administering body.

(3)

The court must not make the order unless it is satisfied that the administering body or member—

(a)

is or may be doing anything as described by subsection (1); or

(b)

is acting recklessly, incompetently, or fraudulently.

42 Lease of whenua tāpui for general purposes

(1)

The administering body of a whenua tāpui may grant a lease to any person over all or part of the land for the purpose of carrying out any activity, trade, business, or occupation (other than residential housing), but only in accordance with this section.

(2)

The lease must include the following terms and conditions:

(a)

the lease is granted for a term of 14 years or less:

(b)

the land or building subject to the lease must be used solely for the purpose for which the lease is granted:

(c)

if the land or building is not used solely for that purpose, the grantor may terminate the lease in accordance with the process (if any) specified in the lease or, if there is no such process, in any reasonable way:

(d)

on termination under paragraph (c), the land and all improvements on the land revert to the grantor, and no compensation is payable to the grantee.

(3)

The lease may include any other terms and conditions that the administering body thinks fit.

(4)

The lease must be agreed to by the administering body unless it is granted under a right of renewal included in another lease.

(5)

The grant of the lease must be conditional on the court, on application by the administering body, making an order of confirmation that the grant—

(a)

complies with the requirements of Parts 1 to 9; and

(b)

is consistent with the purposes for which the whenua tāpui is reserved; and

(c)

is consistent with any conditions or restrictions imposed on how the administering body holds and manages the whenua tāpui.

(6)

The lessee’s interest under the lease may, unless the terms and conditions of the lease provide otherwise,—

(a)

be assigned; or

(b)

be subleased, but only in accordance with the provision in this subpart that restricts a lease of the sublease’s type, except that the administering body or owners may have agreed to the headlease on the basis that it is also agreement to any sublease.

(7)

This section applies despite section 14 (for Māori customary land) and instead of section 141 (for Māori freehold land).

(8)

In this section and sections 43 to 45,—

residential housing means—

(a)

the occupation of existing premises as a place of residence; or

(b)

the building of premises on, or transporting of premises onto, land and the occupation of the premises as a place of residence

term includes—

(a)

any further terms that may be granted under rights of renewal included in the lease; and

(b)

for a lease granted under a right of renewal, the terms of any leases from which the right of renewal derives.

43 Lease of papakāinga housing site for residential housing with rent payable

(1)

The administering body of the following whenua tāpui may grant a lease over all or part of the land for the purpose of residential housing and with rent payable, but only in accordance with this section:

(a)

a whenua tāpui reserved for the purposes of a papakāinga housing site; or

(b)

a whenua tāpui reserved for the purposes of a marae; or

(c)

a whenua tāpui reserved for the purposes of a building site that is subject to use of the buildings for residential housing.

(2)

The term of the lease must be 99 years or less, or the lease must be a periodic tenancy (as defined by section 2(1) of the Residential Tenancies Act 1986).

(3)

The lease must be agreed to by the administering body.

(4)

The lease need not be agreed to by the owners of the land unless required by a condition or restriction imposed on how the administering body holds and manages the land.

(5)

However, agreement is not required for a lease granted under a right of renewal included in another lease.

(6)

The lessee’s interest under the lease may be—

(a)

assigned; or

(b)

subleased, but only in accordance with the provision in this subpart that restricts a lease of the sublease’s type, except that the administering body or owners may have agreed to the headlease on the basis that it is also agreement to any sublease.

(7)

This section applies despite section 14 (for Māori customary land) and instead of section 142 (for Māori freehold land).

44 Lease of papakāinga housing site for residential housing rent-free

(1)

The administering body of the following whenua tāpui may grant a lease over all or part of the land for the purpose of residential housing and rent-free, but only in accordance with this section:

(a)

a whenua tāpui reserved for the purposes of a papakāinga housing site; or

(b)

a whenua tāpui reserved for the purposes of a building site that is subject to use of the buildings for residential housing.

(2)

The term of the lease must be—

(a)

99 years or less; or

(b)

for the life of the person to whom it is granted.

(3)

The lease must be agreed to by the administering body.

(4)

The lease need not be agreed to by the owners of the land unless required by a condition or restriction imposed on how the administering body holds and manages the land.

(5)

However, agreement is not required for a lease granted under a right of renewal included in another lease.

(6)

The person to whom the lease is granted must be a beneficiary of the whenua tāpui.

(7)

The lease may include a provision that allows any of the following people to occupy the premises on the leased land in addition to the grantee as long as any maximum number of occupants that is specified in the lease is complied with:

(a)

any member of the grantee’s immediate family; and

(b)

the principal caregiver of the grantee or of a member of the grantee’s immediate family.

(8)

The lease may be granted with conditions, which may include the requirement to pay any charges (but not rent) that relate to the property.

(9)

The lease is enforceable even though no rent is payable under it, despite any other enactment or rule of law.

(10)

The grantee’s interest under the lease cannot be subleased, and the unexpired term of the lease (if any) may be disposed of only in accordance with section 144 or 269.

(11)

The lease ends if the unexpired term of the lease is not disposed of under section 144 or 269 once the grantee, or a recipient under either of those provisions, dies.

(12)

This section applies despite section 14 (for Māori customary land) and instead of section 143 (for Māori freehold land).

45 Variation of lease of whenua tāpui

(1)

Subsection (2) applies if a lease over all or part of the land reserved as a whenua tāpui—

(a)

is to be varied to apply to additional or different land reserved as a whenua tāpui; or

(b)

is to be varied as to its term.

(2)

The variation of the lease must comply with the provision in this subpart that restricts the granting of the lease itself, as if the variation were the grant of such a lease (and not a renewal).

(3)

Subsection (4) applies if—

(a)

a lease over all or part of the land reserved as a whenua tāpui is to be varied so that the lease is for a different purpose; and

(b)

the lease was originally granted under a provision of sections 42 to 44 that is different from the provision (the other provision) that applies to leases granted for that different purpose.

(4)

The variation must comply with the other provision as if the variation were the grant of a lease for that different purpose (and not a renewal).

46 Reservation and disposition of whenua tāpui
Reservation

(1)

The provisions of this subpart override any other provision of Parts 1 to 9 or another enactment about the disposition or administration of land.

Disposition

(2)

Land reserved as whenua tāpui must not be disposed of, or vested or acquired under an Act or in any other way, but this section does not prevent—

(a)

the cancellation of the reservation of land as a whenua tāpui, or any vesting related to the reservation or cancellation of the reservation of land as a whenua tāpui, under this subpart; or

(b)

the grant of an easement over the land or for the benefit of the land, or the variation or cancellation of such an easement; or

(c)

the grant of a lease over the land under sections 42 to 44, or the assignment or vesting of the unexpired term of such a lease under section 144 or 269; or

(d)

a disposition of an individual freehold interest in the land separately from the other individual freehold interests in the land.

(3)

The grant of a lease over land reserved as a whenua tāpui is not a subdivision of land for the purposes of section 11 or Part 10 of the Resource Management Act 1991.

Subpart 3—Kawenata tiaki whenua

47 Kawenata tiaki whenua over parcel

(1)

A kawenata tiaki whenua may be created over all or part of a parcel of Māori freehold land, or other land, managed under a governance agreement (the affected area), but only in accordance with this section.

(2)

The kawenata tiaki whenua must be created by an instrument that is agreed to by the governance body that manages the land.

(3)

The kawenata tiaki whenua must state that its purpose is to ensure that the affected area is managed so as to preserve and protect—

(a)

a place of cultural or historical interest; or

(b)

a place of special significance according to tikanga Māori.

(4)

The kawenata tiaki whenua must state that it lasts forever or for a specified term.

(5)

The kawenata tiaki whenua may include any conditions on the use of the affected area that—

(a)

further the purpose of the kawenata tiaki whenua; or

(b)

enable the governance body to manage the affected area alongside activities on land adjacent to the affected area, but only if the conditions are not inconsistent with the purpose of the kawenata tiaki whenua.

(6)

If the affected area is only part of a parcel,—

(a)

the affected area must be defined on a survey plan made in compliance with the applicable survey standards; or

(b)

the kawenata tiaki whenua must be supported by a certificate from the Surveyor-General that the affected area is adequately described or defined for the nature of the kawenata tiaki whenua and in relation to existing surveys made in compliance with the applicable survey standards.

48 Cancellation or variation of kawenata tiaki whenua

(1)

A kawenata tiaki whenua over all or part of a parcel of land may be cancelled or varied, but only in accordance with this section.

(2)

The kawenata tiaki whenua may be cancelled or varied by an instrument that is agreed to by the governance body that manages the land.

(3)

If the land is no longer managed by a governance body, the kawenata tiaki whenua may be cancelled or varied by an order of the court that may be made—

(a)

on application by an owner of the land, or on the court’s own initiative in determining an application under section 239 for an order cancelling a governance agreement; and

(b)

only if the cancellation or variation is agreed to by owners who together hold more than 50% of the participating owners’ total share in the parcel.

49 Effect and notation of kawenata tiaki whenua

(1)

A kawenata tiaki whenua created under section 47

(a)

is a covenant that runs with and binds the land comprising the affected area; and

(b)

is an interest in land for the purposes of the Land Transfer Act 1952.

(2)

The governance body that manages the land must lodge with the Registrar-General the instrument that creates, cancels, or varies a kawenata tiaki whenua.

(3)

On receiving the instrument, the Registrar-General must,—

(a)

for the creation or variation of a kawenata tiaki whenua, record a notation of the kawenata tiaki whenua or variation on the computer freehold register for the land; or

(b)

for the cancellation of a kawenata tiaki whenua, remove any notation of the kawenata tiaki whenua from the computer freehold register for the land.

(4)

To avoid doubt, if the land subject to a kawenata tiaki whenua is no longer managed by a governance body, the Registrar-General must register in accordance with section 303 an order that cancels or varies the kawenata tiaki whenua (after the Chief Registrar provides the order to the chief executive under section 283).

Part 3 Ownership interests in Māori freehold land

Subpart 1—Ownership and decision making

Introductory provisions

50 Example of multiple owners of parcel of Māori freehold land

(1)

This section describes an example of ownership of a parcel of Māori freehold land where there are multiple owners who are tenants in common.

(2)

The owners together hold the beneficial interest in the freehold estate in the parcel. Each owner holds an individual freehold interest.

(3)

If a governance body is appointed to manage the land, the governance body becomes the legal owner of the parcel, but the owners retain the beneficial interest (or ownership).

51 Presumption of tenancy in common and equal sharing where multiple owners

(1)

If there are multiple owners, other than a class of collective owners, of the beneficial interest in the freehold estate in a parcel of Māori freehold land, the following presumption applies:

(a)

the owners hold beneficial interests in the land as tenants in common; and

(b)

each owner’s beneficial interest is an equal share of the land.

(2)

However, the presumption does not apply if there is proof in the Māori land register or elsewhere that it does not apply.

52 Rights of owners

(1)

Every owner of Māori freehold land is entitled—

(a)

to engage in decisions relating to the land:

(b)

to be informed about the land, including its use and management:

(c)

to be heard in any proceedings relating to the land:

(d)

to be recognised and acknowledged as an owner of the land.

(2)

However, the rights are subject to any provisions of Parts 1 to 9 that provide otherwise. For example,—

(a)

if the land is managed by a governance body,—

(i)

the entitlement to engage in decisions relating to the land is subject to the provisions of the governance agreement; and

(ii)

the right to receive grants or distributions is subject to any discretion of the governing body specified in the governance agreement and the entitlement of any other person to receive the grants or distributions, whether in accordance with a provision of Parts 1 to 9 or any other rule of law; and

(b)

if Parts 1 to 9 or the rules of the court authorise the court to conduct proceedings without holding a formal sitting or without hearing an owner or any other person in open court, the owner or person is not entitled to be heard in that manner.

(3)

Subsection (1) does not limit or affect other rights that owners may have at law or in accordance with tikanga Māori.

Collective ownership

53 Conversion to collective ownership of Māori freehold land

(1)

A parcel of Māori freehold land that is owned by tenants in common or joint tenants may be converted to collective ownership, but only in accordance with this section.

(2)

A decision to convert the ownership of the land must be agreed to by owners who together hold a 75% or more share in the land.

(3)

The decision must define the class of collective owners in 1 of the following ways:

(a)

as the named persons who, immediately before conversion, were the living owners of the land or were entitled to succeed to any deceased owner’s interest in the land, and the descendants of the named persons:

(b)

as named persons who are associated with the land in accordance with tikanga Māori, and their descendants, as long as the class also includes every person described in paragraph (a):

(c)

as the descendants of 1 or more named tūpuna, as long as the class also includes every person described in paragraph (a).

(4)

The decision may include 1 or more other requirements as to the terms of the collective ownership.

(5)

The decision has no effect unless the court, on application by an owner of the land, makes an order of confirmation that the conversion complies with the requirements of Parts 1 to 9.

54 Effect of conversion to collective ownership

(1)

This section applies if a parcel of Māori freehold land is converted to collective ownership under section 53.

(2)

The beneficial ownership of the parcel is vested in the defined class of collective owners.

(3)

If any beneficial interests in the parcel were held under a whānau trust and the trust has no other trust property, the trust is terminated on the date on which the beneficial ownership is vested in the class of collective owners.

55 Collective owner has no separate interest

(1)

A collective owner of a parcel of Māori freehold land has no interest in the land that is able to be dealt with separately from the interests of the other collective owners.

(2)

This section applies whether the person became, or was determined to be, a collective owner of the parcel—

(a)

by conversion to collective ownership under sections 53 and 54; or

(b)

by an order of the court (for example, under section 17 or 25); or

(c)

in accordance with an allocation scheme for a partition or an amalgamation.

How owners of Māori freehold land make decisions

56 Decisions by specified majority of owners of Māori freehold land

(1)

This subpart applies to a decision relating to a parcel of Māori freehold land if Parts 1 to 9 or a governance agreement requires that the decision be agreed to—

(a)

by owners who together hold a specified majority share in the land (for example, more than a 50% share); or

(b)

by owners who together hold a specified majority of the participating owners’ total share in the land (for example, more than 50% of that total share); or

(c)

by a specified majority of the participating owners of the land (casting votes of equal weight).

Decision-making process

(2)

If the parcel is managed under a governance agreement, the decision must be made using the decision-making process required by the agreement.

(3)

If the parcel is not managed under a governance agreement,—

(a)

the decision must be made using the decision-making process set out in Schedule 2, unless paragraph (b) or (c) applies:

(b)

where the whole parcel is owned by 1 person or by joint tenants and paragraph (c) does not apply, the decision may be made by whatever process the owners choose:

(c)

where the whole parcel is owned by the trustees of a whānau trust or other trust or by an incorporated body, and the terms of the trust or the constitutional documents of the body include a decision-making process, the decision must be made using that process.

Specified majority requirements

(4)

A requirement for agreement by owners of a parcel of Māori freehold land (whether all of the owners or only the participating owners) is satisfied as follows:

(a)

where the whole parcel is not owned by 1 person or by joint tenants, by satisfying the requirements of whichever of sections 62 to 64 applies:

(b)

where the whole parcel is owned by 1 person, by that person making the decision:

(c)

where the whole parcel is owned by joint tenants, by all of the joint tenants agreeing to the decision.

(5)

See the following provisions for the specified majorities of owners who must agree to certain decisions about Māori freehold land:

(a)

clause 13 of Schedule 4: sets out the minimum specified majorities required under a governance agreement (for land that is managed by a governance body):

(b)

section 59: summarises the specified majorities required by Parts 1 to 9 (often for land that is not managed by a governance body).

57 Participation thresholds

(1)

The participation thresholds that must be satisfied for participating owners of a parcel of land to validly agree to a decision under Parts 1 to 9 or a governance agreement—

(a)

are the thresholds specified in this section; but

(b)

are subject to the exception specified in section 58 (for a second decision-making process).

(2)

However, if the parcel is managed under a governance agreement that provides for different participation thresholds or exceptions, those thresholds or exceptions apply instead.

(3)

If a decision is about a parcel owned by tenants in common, and—

(a)

there are 10 or fewer owners, all of the owners must participate:

(b)

there are more than 10 but not more than 100 owners, there must be participation by at least 10 owners whose individual freehold interests total a 25% or more share in the parcel:

(c)

there are more than 100 but not more than 500 owners, there must be participation by at least 20 owners whose individual freehold interests total a 25% or more share in the parcel:

(d)

there are more than 500 owners, there must be participation by at least 50 owners whose individual freehold interests total a 10% or more share in the parcel.

(4)

If a decision is about a parcel owned by a class of collective owners,—

(a)

at least 20 owners must participate; but

(b)

all the owners must participate if the class is known to have fewer than 20 members.

58 Second decision-making process

(1)

If the participation threshold for a decision is not satisfied under section 57, a second decision-making process for the decision may be carried out in accordance with this section (as long as a governance agreement does not exclude this exception).

(2)

The second decision-making process must start within 20 working days after the day on which the level of owner participation in the first decision-making process was calculated (for example, the day on which voting on the proposal closed).

(3)

There is no participation threshold for the second decision-making process, as long as—

(a)

the applicable decision-making process is followed as if the decision were a new decision; and

(b)

the second decision-making process is notified to owners in a way that clearly explains its effect (that is, that the resulting decision will be valid if it is agreed to by the required majority of the participating owners, regardless of how many owners participate, and it is confirmed by court order).

(4)

If the applicable decision-making process includes a separate quorum requirement, a failure to satisfy the quorum requirement does not invalidate the decision.

(5)

The decision is valid only if the court, on application, makes an order of confirmation that—

(a)

the decision complies with the requirements of Parts 1 to 9; and

(b)

the court is satisfied that the decision will assist the owners to retain, control, occupy, or develop their land for the benefit of present and future owners.

59 Summary of specified majorities of owners who must agree to decisions about Māori freehold land

(1)

The table in this section summarises the specified majorities of owners who must agree to decisions about Māori freehold land under certain provisions of this Act.

(2)

A provision prevails if it conflicts with the table.

(3)

Many of the specified majorities that are about dispositions apply only if the land is not managed under a governance agreement. But if land is managed under a governance agreement, that agreement may itself require the governance body to obtain the agreement of a specified majority of owners (see clause 13 of Schedule 4).

(4)

Here is the table:

Matter for decision by ownersRequired level of owner agreementProvision
Status as Māori freehold land
Order declaring that land ceases to be Māori freehold landOwners with ≥75% share in landSection 28(3)(f)
Whenua tāpui and kawenata tiaki whenua
Order declaring whenua tāpui for purposes of marae or urupā, with beneficial ownership vesting in beneficiariesOwners with ≥75% share in landSection 33(3)(b) or 37(4)(d)
Order declaring whenua tāpui, or declaring certain matters for whenua tāpui, in any other case>50% of participating owners (casting votes of equal weight)Section 33(3)(c) or 37(4)(e)
Order cancelling or varying kawenata tiaki whenuaOwners with >50% of participating owners’ total share in landSection 48(3)(b)
Collective ownership
Conversion to collective ownershipOwners with ≥75% share in landSection 53(2)
Disposition—sale, exchange, gift, etc
Offer of land for saleOwners with ≥75% share in landSection 113(5)(a)
Exchange of landOwners with >50% share in landSection 115(7)
Gift of landOwners with ≥75% share in landSection 118(3)
Certain dispositions of land under enactmentsOwners with ≥75% share in landSection 120(3)(b)
Disposition—boundary adjustment, partition, amalgamation, aggregation
Boundary adjustment that changes area of land by ≥2%Owners with >50% share in landSection 123(4)(a)(ii)
Boundary adjustment that changes area of land by <2%Owners with ≥75% of participating owners’ total share in landSection 123(4)(a)(iii)
Partition of land (not by mortgagee)Owners with >50% share in landSection 126(4)(b)
Amalgamation of landOwners with >50% of participating owners’ total share in landSection 131(4)(b)
Aggregation of ownership of landOwners with ≥75% of participating owners’ total share in landSection 135(3)(b)
Cancellation of aggregation of ownership of landOwners with ≥75% of participating owners’ total share in landSection 138(3)(b)
Disposition—lesser interests
Lease of land for general purposes for ≤7 yearsOwners with ≥75% of participating owners’ total share in landSection 141(4)(a)
Lease of land for general purposes for ≤25 years but >7 yearsOwners with ≥25% share in landSection 141(4)(b)
Lease of land for general purposes for >25 yearsOwners with >50% share in landSection 141(4)(c)
Lease of land for residential housing rent-freeOwners with ≥75% of participating owners’ total share in landSection 143(3)(b)
Licence or profit à prendre over land for ≤7 yearsOwners with ≥75% of participating owners’ total share in landSection 145(4)(a)
Licence or profit à prendre over land for ≤25 years but >7 yearsOwners with ≥25% share in landSection 145(4)(b)
Licence or profit à prendre over land for >25 yearsOwners with >50% share in landSection 145(4)(c)
Mortgage or charge over landOwners with ≥75% share in landSection 146(2)(b)
Easement over land or for benefit of landOwners with >50% share in landSection 148(2)(b)
Cancellation or variation of easement over land or for benefit of landOwners with >50% share in landSection 149(2)(b)
Kaiwhakahaere
Appointment of kaiwhakahaere for land for agreed purposeOwners with ≥75% of participating owners’ total share in landSection 202(2)(l)
Governance body
Approval of governance agreement for landOwners with >50% of participating owners’ total share in landClause 6(3), 10(5), 15(5), or 19(5) of Schedule 3
Register matters
Change to name of land>50% of participating owners (casting votes of equal weight)Section 302(6)(a)(ii)
Registration of whenua tapui in name of tupunaOwners with ≥75% of participating owners’ total share in landSection 306(5)(b)
Road or roadway
Order vesting stopped road in owners of adjoining land>50% of participating owners (casting votes of equal weight)Section 313(5)(b)
Order varying roadway’s alignment over land>50% of participating owners (casting votes of equal weight)Clause 37(5)(c)(ii) of Schedule 1
Order cancelling instrument of title and vesting roadway in owners of adjoining land>50% of participating owners (casting votes of equal weight)Clause 38(3)(b) of Schedule 1
60 Minor cannot vote on decisions and is not counted as participating owner

(1)

This section applies to an owner of Māori freehold land if—

(a)

the owner is under 18 years of age; and

(b)

the owner’s beneficial interest in the land is not managed by a kaiwhakamarumaru and is not subject to a property order under the Protection of Personal and Property Rights Act 1988.

(2)

The owner—

(a)

may participate in a meeting of owners about any decision relating to the land; but

(b)

cannot vote on the decision.

(3)

The owner is not a participating owner in relation to the decision, and the owner’s share is not counted in the participating owners’ total share in the land (see, for example, section 56(1)(b) and (c)).

(4)

To avoid doubt, the owner’s share is still counted in any calculation about a specified majority share in the land (see, for example, section 56(1)(a)).

Example

A parcel of Māori freehold land has 10 owners who are tenants in common with equal shares, but this section applies to 2 of the owners. Only the other 8 owners can vote on any decision relating to the land. If 6 of those 8 owners vote in favour of a decision, the decision—

  • is agreed to by owners who together hold a 60% share in the land; and

  • is agreed to by owners who together hold a 75% share of the participating owners’ total share in the land; and

  • is agreed to by 75% of the participating owners.

61 Voting for individual freehold interest owned by joint tenants

(1)

This section applies for the purposes of voting under sections 62 to 64 in relation to any land with individual freehold interests.

(2)

If an individual freehold interest is owned by joint tenants, the joint tenants are treated as if they were the 1 owner of the interest.

(3)

The vote is counted for that interest if made by only 1 joint tenant or if the same vote is made by 2 or more joint tenants but is not counted if the joint tenants make conflicting votes.

(4)

See Part 9 for how a dispute between joint tenants may be referred to dispute resolution.

62 Agreement by owners with >50% or ≥75% share in land

(1)

A requirement for agreement by owners who together hold more than a 50% share in the land is satisfied if the decision is agreed to by owners whose individual freehold interests total more than a 50% share in the land.

(2)

A requirement for agreement by owners who together hold a 75% or more share in the land is satisfied if the decision is agreed to by owners whose individual freehold interests total a 75% or more share in the land.

(3)

A requirement for the agreement of any majority of all of the owners of land cannot be satisfied for land owned by a class of collective owners.

(4)

This section also applies to a requirement that specifies a percentage majority other than 50% or 75%—subsection (2) applies as if the references to 75% were to that other percentage.

63 Agreement by owners with >50% or ≥75% of participating owners’ total share in land

(1)

A requirement for agreement by owners who together hold more than 50% of the participating owners’ total share in the land is satisfied if the decision is agreed to as follows:

(a)

for land owned by tenants in common, by owners whose individual freehold interests total more than a 50% share of all the participating owners’ total share in the land:

(b)

for land owned by a class of collective owners, by more than 50% of the participating owners (casting votes of equal weight).

(2)

A requirement for agreement by owners who together hold 75% or more of the participating owners’ total share in the land is satisfied if the decision is agreed to as follows:

(a)

for land owned by tenants in common, by owners whose individual freehold interests total a 75% or more share of all the participating owners’ total share in the land:

(b)

for land owned by a class of collective owners, by 75% or more of the participating owners (casting votes of equal weight).

(3)

This section also applies to a requirement that specifies a percentage majority other than 50% or 75%—subsection (2) applies as if the references to 75% were to that other percentage.

64 Agreement by >50% of participating owners (casting votes of equal weight)

(1)

A requirement for agreement by more than 50% of the participating owners of the land (casting votes of equal weight) is satisfied if the decision is agreed to by more than 50% of the participating owners.

(2)

In a vote to which this section applies, if the parcel or an individual freehold interest is held by the trustees of a whānau trust or other trust (other than a governance body), each of the beneficiaries of the trust is treated as an owner of the parcel or interest in place of the trustees for the purposes of voting.

(3)

This section applies regardless of how the land is owned (whether by tenants in common or a class of collective owners).

(4)

This section also applies to a requirement that specifies a percentage majority other than 50%—subsection (1) applies as if the references to 50% were to that other percentage.

65 Effect of decisions

A decision made in accordance with this subpart binds all of the owners of the land to which the decision relates, whether or not all of the owners participated in the proposal for decision.

Subpart 2—Whānau trusts

Establishment of whānau trust

66 Owner of Māori freehold land may establish whānau trust

(1)

A whānau trust may be established only in accordance with this section.

(2)

The purpose of a whānau trust is to hold and manage beneficial interests in Māori freehold land and other property for the benefit of the trust’s beneficiaries.

(3)

The trust must be established under—

(a)

section 67 (which provides for a whānau trust to operate while an owner is or owners are living); or

(b)

section 68 (which provides for a whānau trust to operate after the death of an owner); or

(c)

section 260 (which provides for a whānau trust to be established on intestacy); or

(d)

section 261(2) (which provides that a family arrangement on intestacy may provide for certain interests to be vested in the trustees of a whānau trust); or

(e)

section 268 (which provides for certain interests to be vested in the trustees of an existing whānau trust on intestacy); or

(f)

section 276(3) (which provides that a family arrangement made by the beneficiaries of a testamentary gift may provide for certain interests to be vested in a whānau trust).

67 Whānau trust (to operate while owner or owners living)

(1)

The sole owner of, or the owner of an individual freehold interest in, a parcel of Māori freehold land may declare that his or her beneficial interest in the land is to be held by the trustees of a whānau trust for the benefit of the owner and—

(a)

the owner’s descendants (including those yet to be born); or

(b)

1 or more preferred recipients and the descendants of those preferred recipients (including those yet to be born); or

(c)

a combination of persons described in paragraphs (a) and (b).

(2)

Alternatively, the sole owners of, or the owners of individual freehold interests in, a parcel or parcels of Māori freehold land who are members of the same whānau may declare their beneficial interests to be held by the trustees of a whānau trust for the benefit of the owners and—

(a)

the owners’ descendants (including those yet to be born); or

(b)

1 or more preferred recipients and the descendants of those preferred recipients (including those yet to be born); or

(c)

a combination of persons described in paragraphs (a) and (b).

(3)

Whānau trust property may include the following:

(a)

the beneficial interest in 1 or more parcels of Māori freehold land:

(b)

the beneficial interest in 1 or more individual freehold interests in a parcel or parcels of Māori freehold land:

(c)

the beneficial interest in individual freehold interests in parcels of Māori freehold land of more than 1 owner if the owners are siblings:

(d)

other property, including other land.

(4)

The declaration of the whānau trust must comply with requirements prescribed in regulations made under Parts 1 to 9.

68 Whānau trust (to operate after death of owner)

(1)

The sole owner of, or the owner of an individual freehold interest in, a parcel of Māori freehold land may declare by will that, after the owner’s death, his or her beneficial interest in the land is to be held by the trustees of a whānau trust for the benefit of all or any of the beneficiaries described in section 67(1)(a) to (c).

(2)

Whānau trust property may include any of the property described in section 67(3)(a), (b), and (d).

(3)

The declaration of the whānau trust must comply with requirements prescribed in regulations made under Parts 1 to 9.

Operation of whānau trust

69 Effect of establishing whānau trust

(1)

A whānau trust takes effect on the date that the trust is entered in the Māori land register.

(2)

Trust property vests in the trustees,—

(a)

in the case of a vesting order, on the date of the court order; or

(b)

in all other cases, on the date that the trust is entered in the Māori land register.

(3)

The trustees must deal with trust property in accordance with any conditions or restrictions set out in the declaration of trust (for example, if a declaration of trust prohibits the sale of an interest, the trustees must vote, in any decision-making process of the owners of the land, against a resolution to sell the land).

(4)

If the trustees hold an interest in Māori freehold land that is managed under a governance agreement, any amount payable by the governance body to the owners of the land by way of distribution under section 224(1)(a) must be paid to the trustees.

(5)

Subsection (3) does not prevent a governance body from paying an amount by way of a grant under section 224(1)(b) directly to 1 or more beneficiaries of a whānau trust.

70 Trustees of whānau trusts

(1)

Any person (whether an individual or a legal entity) may be appointed as a trustee of a whānau trust.

(2)

However, if an individual is appointed, he or she must be eligible to be a kaitiaki of a governance body under section 196(3).

71 Powers and responsibilities of trustees of whānau trusts

(1)

The trustees of a whānau trust must—

(a)

administer the trust property—

(i)

in a manner that furthers the purpose of the trust (as specified in section 66(2)); and

(ii)

in accordance with the declaration of trust; and

(b)

keep beneficiaries informed about the affairs of the trust and any matters affecting the trust property; and

(c)

comply with any other function or duty under any enactment or rule of law that applies to a trustee.

(2)

The trustees must not dispose of an interest in Māori freehold land unless the declaration of trust expressly authorises them to do so.

(3)

Provided they act in accordance with subsection (1), the trustees may,—

(a)

at any time after the trust is established, acquire other property to be held for the purposes of the trust; and

(b)

invest any amount they receive by way of distribution or other income and are not bound to distribute any of the amounts to beneficiaries.

(4)

In subsection (3)(a), acquire includes purchase or acquire by way of gift.

72 Whānau trusts to be entered in Māori land register

(1)

The initial trustees of a whānau trust must apply to the chief executive to have the trust entered in the Māori land register promptly after—

(a)

administration of the owner’s estate has been granted, for a trust established under section 68; or

(b)

the initial trustees agree to be appointed, in all other cases.

(2)

An application must include—

(a)

a copy of the declaration of the whānau trust (and, for a trust established under section 68, a copy of the person’s death certificate and any instrument granting administration of the estate); and

(b)

a statutory declaration from each trustee confirming that he or she satisfies the eligibility requirements in section 70 and has agreed to be appointed as a trustee; and

(c)

the address and contact details of each trustee.

(3)

The chief executive must enter the name of the whānau trust in the Māori land register if he or she is satisfied that—

(a)

the declaration of the trust satisfies the requirements in section 66; and

(b)

each trustee satisfies the eligibility requirements in section 70.

(4)

If the chief executive is not satisfied of the matters set out in subsection (3), the chief executive must give the trustees an opportunity to provide further particulars in support of the application before making a decision not to enter the trust in the register.

(5)

The chief executive must enter the name of the whānau trust in the Māori land register, without first needing to be satisfied of the matters in subsection (3), if—

(a)

the chief executive amends the register under Part 7 to vest interests in Māori freehold land in the trustees of the trust; or

(b)

the chief executive receives a court order made under Part 7 vesting interests in Māori freehold land in the trustees of the trust.

73 Recording of beneficiaries’ details on Māori land register

(1)

The beneficiary of a whānau trust, or a trustee of the trust on behalf of the beneficiary, may apply to the chief executive to have the beneficiary’s details recorded in the Māori land register in relation to—

(a)

the entry for the whānau trust; and

(b)

the entry for the parcel of Māori land that the trustees own or in which they hold an individual freehold interest (as trust property).

(2)

The chief executive must record the beneficiary’s details, if the chief executive is satisfied that the person is a beneficiary of the trust.

74 Entitlements of beneficiaries of whānau trusts

(1)

A beneficiary of a whānau trust has the following entitlements in respect of Māori freehold land or an individual freehold interest held by the trustees as trust property:

(a)

to attend and speak at meetings of owners, as if the beneficiary were an owner of the land; and

(b)

to vote as if the beneficiary were a participating owner, if a decision of the owners of the land is required and the vote is one based on a simple majority of participating owners where votes have equal weight; and

(c)

to receive grants made from income of the trust.

(2)

A beneficiary is entitled to receive grants under subsection (1)(c)

(a)

as if the beneficiary were an owner of the individual interest; and

(b)

without those grants first being paid to the trustees; and

(c)

in addition to any entitlement of the beneficiary to receive grants that are made to the trustees as owners of the individual freehold interest.

75 Whānau trusts not subject to rule against perpetuities

The rule against perpetuities and the provisions of the Perpetuities Act 1964 do not prescribe or restrict the period during which—

(a)

a whānau trust may exist in law; or

(b)

a trustee of a whānau trust may hold or deal with property (including income derived from property).

Jurisdiction of court and enforcement of obligations of trustees

76 Court may determine matters relating to whānau trust and amend declaration of trust

(1)

The court may inquire into and determine the following:

(a)

whether a declaration of a whānau trust complies with Parts 1 to 9:

(b)

whether a whānau trust has been, or may be, established in accordance with Parts 1 to 9:

(c)

whether a person is, or is eligible to be, a beneficiary of a whānau trust:

(d)

whether a person is, or is eligible to be, a trustee:

(e)

whether any property is, or is capable of being, whānau trust property:

(f)

any question or dispute in relation to the administration of a whānau trust:

(g)

any question or dispute in relation to the appointment, replacement, or removal of trustees.

(2)

The court may, on application by a trustee or a beneficiary of a whānau trust, do either or both of the following:

(a)

appoint a trustee of a whānau trust:

(b)

amend the declaration of a whānau trust.

(3)

The amendments that the court may make to the declaration of a whānau trust include—

(a)

correcting errors or omissions; and

(b)

adding, removing, or varying any conditions or restrictions relating to the disposal of, or other dealings with, the trust property that is an interest in Māori freehold land.

(4)

The court also has and may exercise, in relation to whānau trusts, all the same powers and authorities as the High Court has and may exercise under the Trustee Act 1956 in respect of trusts generally.

(5)

The court—

(a)

must exercise the powers and authorities described in subsection (4) consistently with Parts 1 to 9; and

(b)

must not make a determination, amend a declaration of a whānau trust, or exercise powers and authorities under this section unless it is satisfied that it will assist the administration of the trust to do so.

(6)

Subsection (4) does not limit or affect the jurisdiction of the High Court.

77 Court may validate actions of trustees

(1)

The court may, on application, validate an action of the trustees of a whānau trust if there is doubt as to whether the action was lawful or the trust was established in accordance with Parts 1 to 9.

(2)

An application may be made by—

(a)

the chief executive; or

(b)

a trustee; or

(c)

a beneficiary of the trust.

(3)

The court may not validate an action taken in bad faith.

78 Court may enforce obligations of whānau trust

(1)

The court may require a trustee of a whānau trust to—

(a)

file a written report in the court and appear before the court for questioning on the report; or

(b)

appear before the court for questioning on any matter relating to the administration of the trust or the performance of his or her duties as trustee.

(2)

The court may enforce the obligations of a trustee of a whānau trust under either or both of the following:

(a)

the declaration of trust:

(b)

the trustee’s fiduciary duties to the beneficiaries of the trust.

(3)

The court may act under this section at any time—

(a)

on application to the court; or

(b)

on the court’s own motion.

79 Court may allow withdrawal of beneficial interests from whānau trust in exceptional circumstances

(1)

The court may, on application by a beneficiary of a whānau trust, make an order allowing the withdrawal of any or all of his or her beneficial interests from the trust.

(2)

The court may make the order it is satisfied that—

(a)

exceptional circumstances exist; and

(b)

withdrawal of the beneficial interests will not prevent the trust from fulfilling the purpose for which it was established (as specified in section 66(2)) in respect of the other beneficiaries.

(3)

Before making the order, the court must determine each beneficial interest to be withdrawn.

(4)

When making the order, the court must, after it is satisfied that all outstanding liabilities in respect of a beneficial interest to be withdrawn have been satisfied, vest the beneficial interest in the beneficiary.

Termination of whānau trust

80 Application to court for termination of whānau trust

(1)

An application may be made to the court for an order terminating a whānau trust.

(2)

The application may be made by—

(a)

the owner who established the trust (if still living); or

(b)

the trustees, or a majority of the trustees, of the trust; or

(c)

at least 5 beneficiaries of the trust.

(3)

The court may make the order if it is satisfied that—

(a)

the trust is not fulfilling the purpose for which it was established (as specified in section 66(2)) and the court is satisfied that termination will not unduly prejudice a beneficiary of the trust; or

(b)

continuation of the trust would be detrimental to the interests of the beneficiaries; or

(c)

the majority of adult beneficiaries agree that it should be terminated and the court is satisfied that termination will not unduly prejudice a beneficiary of the trust; or

(d)

there are no surviving beneficiaries of the trust; or

(e)

the trust no longer holds an interest in Māori freehold land or other trust property; or

(f)

the following circumstances apply:

(i)

the trust no longer holds an interest in Māori freehold land but has other trust property; and

(ii)

25% or more of the adult beneficiaries agree that it should be terminated.

81 Court order for termination of whānau trust

When making an order terminating a whānau trust, the court must, after it is satisfied that all outstanding liabilities have been satisfied, vest—

(a)

the beneficial interests in land in accordance with section 82; and

(b)

other trust property in accordance with section 83.

82 Vesting of beneficial interests in land after termination of whānau trust

(1)

When making an order terminating a whānau trust, the court must vest beneficial interests in land in the persons who are described in the first of the following paragraphs that applies (and to avoid doubt, if there are also persons who are described in a subsequent paragraph, those persons are not eligible to have the land vested in them):

(a)

if the person who owned the beneficial interest before it was held by the trust (the original owner in this section) is alive,—

(i)

in the original owner; or

(ii)

with the agreement of the original owner, in accordance with paragraph (c), as if the owner were dead:

(b)

if the original owner made a will that gifts the beneficial interest if a whānau trust fails or is terminated, in accordance with that gift (provided that the gift is otherwise in accordance with Parts 1 to 9):

(c)

if the original owner did not make a will that gifts the beneficial interest if a whānau trust fails or is terminated—

(i)

as specified in any agreement made between the beneficiaries of the trust, but only if the court is satisfied about the matters specified in subclause (4); or

(ii)

if an agreement is not made between the beneficiaries or the court is not satisfied about the matters specified in subclause (4), in equal shares among the beneficiaries who are associated with the land to which the beneficial interest relates in accordance with tikanga Māori:

(d)

if all the beneficiaries of the whānau trust who are associated with the land are dead, to the persons who qualify as eligible beneficiaries under section 258 as if the owner had died intestate:

(e)

if there are no surviving eligible beneficiaries, to the persons who qualify under section 259(3) as if the owner had died intestate.

(2)

Beneficial interests cannot vest under an agreement entered into under subsection (1)(c)(i) unless the court is satisfied that the majority of the adult beneficiaries of the whānau trust agree to its terms and, in doing so,—

(a)

all beneficiaries of the trust have received independent legal advice about the effect of the agreement (but each beneficiary does not need to have received separate legal advice); or

(b)

understand the terms of the agreement and the agreement is fair in the circumstances.

83 Vesting of other trust property after termination of whānau trust

(1)

When making an order terminating a whānau trust, the court must vest trust property, other than beneficial interests in land, in the persons who are described in the first of the following paragraphs that applies (and to avoid doubt, if there are also persons who are described in a subsequent paragraph, those persons are not eligible to have the land vested in them):

(a)

if the original owner of particular trust property is alive,—

(i)

in the original owner; or

(ii)

with the agreement of the original owner, in accordance with paragraph (c), as if the owner were dead:

(b)

if the original owner of particular trust property made a will that gifts the property if a whānau trust fails or is terminated, in accordance with that gift (provided that the gift is otherwise in accordance with Parts 1 to 9):

(c)

if the original owner did not make a will that gifts the property if a whānau trust fails or is terminated,—

(i)

as specified in any agreement made between the beneficiaries of the trust, but only if the court is satisfied about the matters specified in subclause (4) that the majority of the adult beneficiaries agree to its terms; or

(ii)

if an agreement is not made between the beneficiaries or the court is not satisfied about the matters in subclause (4), in proportion to the beneficial interests that vest in each beneficiary under subsection (2)(c):

(d)

if all the beneficiaries of the whānau trust are dead, to the persons in whom beneficial interests are vested under subsection (2)(d), in proportion to the beneficial interests that are vested in them:

(e)

if there are no persons entitled to the beneficial interests under subsection (2)(d) to the persons who qualify under section 259(3), as if the owner had died intestate, in proportion to the beneficial interests that are vested in them.

(2)

Trust property cannot vest under an agreement entered into under subsection (1)(c)(i) unless the court is satisfied that the majority of the adult beneficiaries of the whānau trust agree to its terms and, in doing so,—

(a)

all beneficiaries of the trust have received independent legal advice about the effect of the agreement (but each beneficiary does not need to have received separate legal advice); or

(b)

understand the terms of the agreement and the agreement is fair in the circumstances.

84 Responsibilities of trustees if whānau trust terminated

(1)

Promptly after a whānau trust is terminated, the trustees must deliver to the chief executive all money, books of account, and records held in their capacity as trustees of the terminated trust.

(2)

This section applies whether the trust is terminated under section 54 or 80.

85 Responsibilities of chief executive and Māori Trustee in respect of trust money if whānau trust terminated

(1)

This section applies when money has been transferred to the chief executive by the trustees after termination of a whānau trust.

(2)

The chief executive must transfer any money to which a beneficiary is entitled to the beneficiary.

(3)

However, if a beneficiary cannot be contacted despite reasonable efforts having been made, the money must be transferred to the Māori Trustee.

(4)

The Māori Trustee must—

(a)

credit the money to the Common Fund (within the meaning of the Māori Trustee Act 1953); and

(b)

hold the money on trust for those beneficiaries (or for their successors in title); and

(c)

ensure that any distributable income derived from the money and payable under section 26(2) of the Māori Trustee Act 1953, is added to the money.

(5)

If the Māori Trustee is holding an amount relating to money to which a beneficiary is entitled, the beneficiary is entitled to claim that amount (which may differ from the original money held because of any adjustments made under the Māori Trustee Act 1953).

Subpart 3—Kaiwhakamarumaru for owners needing protection

Appointment of kaiwhakamarumaru for owners needing protection

86 Appointment of kaiwhakamarumaru for owners needing protection

(1)

The court may, on application, make an order appointing a kaiwhakamarumaru to act as manager of any of the following property of a person who is an owner needing protection:

(a)

a beneficial interest in Māori freehold land:

(b)

an interest in private land (other than a beneficial interest in Māori land):

(c)

personal property, but only if the person also owns property described in paragraph (a) or (b), or both.

(2)

However, the court must not make an order in respect of—

(a)

any property of the person that is subject to a property order under the Protection of Personal and Property Rights Act 1988:

(b)

an interest in private land described in subsection (1)(b) unless the person is Māori.

87 Meaning of owner needing protection

(1)

In Parts 1 to 9, an owner needing protection means an individual who—

(a)

is less than 18 years of age; or

(b)

in the opinion of the Māori Land Court or another court, lacks wholly or partly the competence to manage his or her own affairs in relation to his or her interests in Māori freehold land.

(2)

For the purposes of paragraph (b) of subsection (1),—

(a)

an individual is to be presumed, until the contrary is proved, to be competent to manage his or her own affairs in relation to his or her interests in Māori freehold land; and

(b)

the Māori Land Court or other court has jurisdiction under that paragraph whether the individual is domiciled or ordinarily resident in New Zealand or elsewhere.

88 Who may be appointed as kaiwhakamarumaru

(1)

The court may appoint any of the following as a kaiwhakamarumaru:

(a)

an individual:

(b)

the Māori Trustee, Public Trust, or a trustee company within the meaning of the Trustee Companies Act 1967.

(2)

However, if an individual is appointed, he or she—

(a)

must be eligible to be a kaitiaki of a governance body under section 196(3); and

(b)

must not have been disqualified from being appointed as a kaiwhakamarumaru under section 98(2); and

(c)

must not have been disqualified from being appointed, or continuing in an appointment, as a kaitiaki under section 232.

89 Functions and duties of kaiwhakamarumaru

(1)

A kaiwhakamarumaru has the functions and powers set out in the order appointing the kaiwhakamarumaru.

(2)

A kaiwhakamarumaru may apply to the court for directions relating to the performance or exercise of the functions and powers.

(3)

A kaiwhakamarumaru must manage the property concerned in accordance with the order and any directions of the court.

(4)

Subject to subsection (3), a kaiwhakamarumaru must—

(a)

as far as practicable, promote and protect the best interests of the owner; and

(b)

as far as practicable, seek at all times to encourage the owner to develop and exercise the owner’s competence to manage his or her own affairs in relation to his or her property; and

(c)

as far as practicable, consult the owner, and keep the owner informed, about the property being managed under the order; and

(d)

if a welfare guardian has been appointed for the owner, as far as practicable, consult the welfare guardian on a regular basis to ensure that the interests of the owner are not prejudiced through any breakdown in communication between the kaiwhakamarumaru and the welfare guardian; and

(e)

as far as practicable, consult any other person that, in the opinion of the kaiwhakamarumaru, is interested in the welfare of the owner and competent to advise the kaiwhakamarumaru in relation to the management of the owner’s property.

90 Consequences of appointing kaiwhakamarumaru

(1)

Land and other property (including any income derived from the property) of an owner needing protection does not vest in a kaiwhakamarumaru appointed to manage the property.

(2)

However, the kaiwhakamarumaru is entitled to deal with the property in any manner necessary to comply with section 89 and, for that purpose,—

(a)

the kaiwhakamarumaru must be treated as the owner of the beneficial interest in the land that is subject to the order; and

(b)

every decision or action of the kaiwhakamarumaru has the same effect as if it were made or done by the owner and the owner had full capacity to make the decision or take the action; and

(c)

no person dealing with the kaiwhakamarumaru is required to seek or gain the consent of the owner or any other person in relation to the dealing; and

(d)

no dealing is affected by the owner or any other person not consenting to the dealing.

(3)

While the order remains in force, the owner is not capable of exercising any powers he or she may have in respect of the property to which the order relates, other than by will and then only if the owner has testamentary capacity.

Procedure for appointing kaiwhakamarumaru

91 Who may apply for order appointing kaiwhakamarumaru

Any of the following people may apply to the court for an order appointing a kaiwhakamarumaru:

(a)

a person who is an owner needing protection:

(b)

immediate family of an owner needing protection:

(c)

the holder of a power of attorney granted by an owner needing protection:

(d)

a person employed by the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 as a social worker:

(e)

a doctor (being a health practitioner who is registered with the Medical Council of New Zealand as a practitioner of the profession of medicine):

(f)

the Māori Trustee, the Public Trust, or a trustee company within the meaning of the Trustee Companies Act 1967:

(g)

a representative of a group that is providing services and facilities for the welfare of an owner needing protection (other than for commercial gain):

(h)

if the application is made in respect of an owner needing protection who is a patient or a resident in a place that provides hospital care, rest home care, or residential disability care as those terms are defined in section 4(1) of the Health and Disability Services (Safety) Act 2001, the principal manager of that place:

(i)

if a welfare guardian has been appointed for an owner needing protection under the Protection of Personal and Property Rights Act 1988, that welfare guardian:

(j)

any other person, with leave of the court.

92 Court may appoint lawyer to represent person if application for order appointing kaiwhakamarumaru made in relation to person’s property

(1)

The court may appoint a lawyer to represent the person whose property is the subject of an application for an order appointing a kaiwhakamarumaru.

(2)

A lawyer appointed by the court must—

(a)

contact the person and, as far as is practicable,—

(i)

explain the nature and purpose of the application to the court; and

(ii)

ascertain and give effect to the person’s wishes in respect of the application; and

(b)

evaluate solutions for the problem that formed the basis of the application, taking into account the need to find a solution that—

(i)

makes the least restrictive intervention possible in the management of the affairs of the person, having regard to the degree of the person’s lack of competence; and

(ii)

encourages the person to develop and exercise his or her competence in managing his or her own affairs in relation to his or her property to the greatest extent possible.

(3)

A lawyer appointed under this section may, in any proceedings relating to the application, call any person as a witness and cross-examine witnesses called by any party, including the court.

(4)

A lawyer appointed under this section is entitled to be paid a fee and reimbursed for expenses incurred for providing his or her services from the Māori Land Court Special Aid Fund established under section 460.

93 Matters to which court must have regard when deciding whether to appoint kaiwhakamarumaru

(1)

In deciding whether to make an order appointing a kaiwhakamarumaru in relation to an owner needing protection who is not a minor, the court must have regard to—

(a)

the extent to which the person is subject, or is likely to be subject, to undue influence in managing his or her property; and

(b)

whether appointing a kaiwhakamarumaru would best protect and promote the interests of the person.

(2)

The fact that the manner in which the person is managing or intending to manage his or her property is not how a person of ordinary prudence would manage the property given the same circumstances is not in itself sufficient reason to appoint a kaiwhakamarumaru in relation to the person’s property.

94 Content of order appointing kaiwhakamarumaru

(1)

The order appointing a kaiwhakamarumaru must—

(a)

name the person who is the owner needing protection; and

(b)

state the person’s birth date, if he or she is a minor; and

(c)

name the kaiwhakamarumaru appointed (whether or not the appointee is a person proposed in the application); and

(d)

state the contact details of the kaiwhakamarumaru; and

(e)

state the date on which the appointment takes effect; and

(f)

state the date on which the appointment ceases (taking into account section 99); and

(g)

specify the property that the kaiwhakamarumaru is to manage (by reference to the Māori land register for any Māori land); and

(h)

specify any conditions or restrictions on the powers of the kaiwhakamarumaru to manage the property; and

(i)

specify any other matters that the court thinks are necessary for the appointment to operate effectively.

(2)

When specifying matters under subsection (1)(h) or (i), the primary objective of the court must be to make the least restrictive intervention possible in the management of the affairs of the person in respect of whom the application is made in relation to his or her property, having regard to the degree of the person’s lack of competence.

Operational matters in respect of kaiwhakamarumaru appointment

95 Protection of kaiwhakamarumaru from liability

(1)

A person appointed as a kaiwhakamarumaru is protected from civil liability, however it may arise, for any act that the person does or omits to do in performing or exercising the functions and powers of his or her appointment.

(2)

However, subsection (1) does not apply in respect of an act or omission if—

(a)

the order appointing the person states that the person is not protected from civil liability for the act or omission; or

(b)

if the act or omission is done in bad faith or without reasonable care.

(3)

Despite subsections (1) and (2), a kaiwhakamarumaru is personally liable for any contract or arrangement entered into with, or liability incurred to, any person if the kaiwhakamarumaru does not, before entering into the contract or arrangement or incurring the liability, disclose to that person that the kaiwhakamarumaru is acting in that capacity.

96 Expenses incurred by kaiwhakamarumaru and remuneration

(1)

The expenses properly incurred by a kaiwhakamarumaru in performing or exercising the functions and powers of the appointment are charged against and payable from the property that the kaiwhakamarumaru is appointed to manage.

(2)

However, any amount payable must not be charged against an interest in Māori freehold land, although the income from the land may be used to satisfy the debt.

(3)

A kaiwhakamarumaru is not otherwise entitled to be remunerated unless the court directs that he or she should be remunerated either—

(a)

in the order appointing the kaiwhakamarumaru; or

(b)

in a subsequent order or direction.

97 Application of other enactments to kaiwhakamarumaru appointment

(1)

If Public Trust is appointed as a kaiwhakamarumaru, the Public Trust Act 2001 applies,—

(a)

so far as applicable, and with any necessary modifications, to the management of the property to which the order appointing the kaiwhakamarumaru relates; but

(b)

subject to the order and Parts 1 to 9.

(2)

If the Māori Trustee is appointed as a kaiwhakamarumaru, the Māori Trustee Act 1953 applies,—

(a)

so far as applicable, and with any necessary modifications, to the management of the property to which the order appointing the kaiwhakamarumaru relates; but

(b)

subject to the order and Parts 1 to 9.

(3)

If a trustee company is appointed as a kaiwhakamarumaru, the Trustee Companies Act 1967 applies,—

(a)

so far as applicable, and with any necessary modifications, to the management of the property to which the order appointing the kaiwhakamarumaru relates; but

(b)

subject to the order and Parts 1 to 9.

Changes to kaiwhakamarumaru appointment and termination of appointment

98 Circumstances in which court may appoint, replace, remove, or disqualify kaiwhakamarumaru

(1)

The court may amend an order appointing a kaiwhakamarumaru or revoke and replace an order for the purpose of—

(a)

appointing 1 or more additional kaiwhakamarumaru, if the court is satisfied it is in the interests of the owner needing protection concerned to do so:

(b)

replacing a kaiwhakamarumaru, if the court is satisfied a vacancy exists.

(2)

The court may make an order disqualifying a person from being appointed as a kaiwhakamarumaru or terminating a kaiwhakamarumaru appointment if the court is satisfied that—

(a)

the person was appointedas a kaiwhakamarumaru while not eligible under section 88 to hold that position or, while appointed as a kaiwhakamarumaru, the person ceased to be eligible under that section to hold that position; or

(b)

the person has, in relation to an appointment and whether convicted or not,—

(i)

persistently failed to comply with a duty arising under any enactment, rule of law, rules of court, or court order (to the extent that the duty relates to the role of the kaiwhakamarumaru under Parts 1 to 9); or

(ii)

been guilty of fraud in relation to property he or she is managing in respect of the appointment or of a breach of duty owed to the owner of the property; or

(iii)

acted in a reckless or incompetent manner in the performance of the person’s duties under the appointment;or

(c)

the person has been prohibited or disqualified from an appointment described in subsection (4)(c) to (e).

(3)

The court may make an order—

(a)

on the application of a person described in section 91; or

(b)

on the court’s own motion.

(4)

In subsection (2)(b), appointment means—

(a)

the kaiwhakamarumaru appointment before the court; or

(b)

any other kaiwhakamarumaru appointment; or

(c)

an appointment as a property manager or welfare guardian under the Protection of Personal and Property Rights Act 1988; or

(d)

an appointment as an attorney under an enduring power of attorney; or

(e)

an appointment as a trustee of a trust.

99 Termination of kaiwhakamarumaru appointment

(1)

A person ceases to hold office as a kaiwhakamarumaru on the date specified in the order of appointment, unless the rest of this section provides otherwise.

(2)

A kaiwhakamarumaru appointment terminates—

(a)

if the owner dies; or

(b)

if the kaiwhakamarumaru is appointed to manage the property of a person under 18 years of age, and the person turns 18 years of age (unless the appointment was made on the grounds that the person lacked competence to manage his or her affairs, in which case it does not terminate); or

(c)

if—

(i)

the kaiwhakamarumaru dies; or

(ii)

the kaiwhakamarumaru is adjudged bankrupt; or

(iii)

the kaiwhakamarumaru becomes subject to a compulsory treatment order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992; or

(iv)

the property, or any part of the property, of the kaiwhakamarumaru is the subject of a personal order or a property order made under the Protection of Personal and Property Rights Act 1988; or

(v)

the property, or any part of the property, of the kaiwhakamarumaru is the subject of an order made under section 86 (appointment of kaiwhakamarumaru for owners needing protection); or

(vi)

the kaiwhakamarumaru becomes otherwise incapable of acting; or

(d)

by court order under section 98 or 105.

(3)

Promptly after a person’s appointment as a kaiwhakamarumaru is terminated, the person must deliver to the chief executive all money, books of account, and records held by the person in the person’s capacity as a kaiwhakamarumaru.

Reporting requirements and review of kaiwhakamarumaru appointments

100 Kaiwhakamarumaru must report to Registrar

A kaiwhakamarumaru must report to the Registrar, in accordance with sections 101 to 103, on the performance and exercise of the functions and powers of the kaiwhakamarumaru.

101 Frequency of reporting by kaiwhakamarumaru

(1)

A kaiwhakamarumaru must provide the Registrar with a report—

(a)

for the 12-month period starting on the day on which the appointment takes effect; and

(b)

for each subsequent 12-month period that the term of appointment continues (or portion of the period if the appointment terminates before the 12-month anniversary date).

(2)

Each report must be filed within 90 days after the last day of the reporting period.

(3)

However, a kaiwhakamarumaru must file reports at more frequent intervals if required to do so by the order appointing the kaiwhakamarumaru or any other court order.

102 Contents of kaiwhakamarumaru report

A report made by a kaiwhakamarumaru must contain the following information for the reporting period to which the report relates:

(a)

details of transactions affecting the land or other property managed by the kaiwhakamarumaru:

(b)

details of income derived from the land or other property:

(c)

details of payments to or on behalf of the owner:

(d)

details of payments to or on behalf of the spouse, civil union partner, de facto partner, or child of the owner:

(e)

details of disbursements made:

(f)

details of expenses incurred by the kaiwhakamarumaru that are charged against and payable from the property that the kaiwhakamarumaru is appointed to manage:

(g)

details of remuneration received by the kaiwhakamarumaru.

103 Actions resulting from report by kaiwhakamarumaru

(1)

If the Registrar considers that a report by a kaiwhakamarumaru deserves inquiry, the Registrar must refer it to the court and the court may initiate a review under section 105.

(2)

If a kaiwhakamarumaru fails to provide a report (whether by the due date or at all), the Registrar must inform the court and the court may do either or both of the following:

(a)

make an order directing the kaiwhakamarumaru to remedy the default within the time specified in the order:

(b)

initiate a review under section 105.

104 Inspection of kaiwhakamarumaru reports

(1)

Any person may, by leave of the Registrar or the court, inspect or make a copy of the whole or part of a report provided under section 100.

(2)

The Registrar or court may grant leave subject to the removal or concealment of part of the report.

105 Review by court of appointment of kaiwhakamarumaru

(1)

The court must periodically review each order appointing a kaiwhakamarumaru to satisfy itself that the appointment is still necessary and, if so, whether any changes to the order should be made.

(2)

The court may also, at any other time, review an order appointing a kaiwhakamarumaru if—

(a)

the kaiwhakamarumaru requests the court to do so because—

(i)

a change in circumstances means that the order is no longer necessary or needs to be varied; or

(ii)

the kaiwhakamarumaru requires directions from the court in relation to the appointment; or

(b)

a report of the kaiwhakamarumaru has been referred to the court by the Registrar; or

(c)

the kaiwhakamarumaru has failed to provide a report to the Registrar and the court has decided to initiate a review.

(3)

For the purposes of subsection (1), a kaiwhakamarumaru must apply to the court for a review of the kaiwhakamarumaru appointment at 5-yearly intervals or at shorter intervals if specified by the court—

(a)

in the order of appointment; or

(b)

at any later time.

(4)

When conducting a review, the court may require a kaiwhakamarumaru to—

(a)

provide explanations to the court; and

(b)

produce relevant documents, including accounts.

(5)

Having conducted a review, the court may make an order—

(a)

issuing directions to the kaiwhakamarumaru; or

(b)

varying the terms of the original appointment order in any manner it thinks fit; or

(c)

terminating the appointment.

Registration of order appointing kaiwhakamarumaru

106 Recording of order appointing kaiwhakamarumaru

(1)

The Chief Registrar of the Māori Land Court must send the chief executive a sealed copy of each order of the court appointing a kaiwhakamarumaru, as required by section 283.

(2)

Promptly after receiving a copy of an order, the chief executive must add a notation to the relevant entries in the Māori land register stating that an order has been made appointing a kaiwhakamarumaru and the name and contact details of the kaiwhakamarumaru appointed.

107 Orders appointing kaiwhakamarumaru may be registered

(1)

An order appointing a kaiwhakamarumaru may be registered under the Deeds Registration Act 1908 as an instrument affecting the title to any land in which the person to whom the order relates has any estate or interest, whether legal or equitable.

(2)

An order appointing a kaiwhakamarumaru is an instrument purporting to affect land under the Land Transfer Act 1952, and a memorial of the instrument may be entered on the computer register of land in respect of which the person to whom the order relates is the registered proprietor of any estate or interest.

108 Changes to be made to registers after kaiwhakamarumaru appointment terminated

(1)

If a kaiwhakamarumaru appointment has terminated, the chief executive must add a notation to that effect to the relevant entries in the Māori land register.

(2)

The notation must be added promptly after the chief executive is satisfied that the appointment has terminated.

(3)

The chief executive must also promptly notify the Registrar-General of the termination if the order is registered as an instrument or if a memorial of the instrument has been entered in respect of it under section 107.

Part 4 Dispositions of Māori freehold land and other land

109 Meaning of preferred recipient and preferred entity

(1)

In Parts 1 to 9, preferred recipient, in relation to Māori freehold land,—

(a)

means any 1 or more of the following persons who are associated with the land in accordance with tikanga Māori:

(i)

children, grandchildren, and other descendants of an owner of the land:

(ii)

grandparents, parents, uncles, aunts, siblings, nieces, nephews, and first cousins of an owner of the land:

(iii)

any owners of the land:

(iv)

any former owners of the land, and descendants of any former owners of the land, including the land when it formed any part of a former parcel; and

(b)

includes the trustees of a whānau trust or other trust (other than a governance body) that holds the land for a person to whom paragraph (a) applies, but only in his or her capacity as trustee.

(2)

In this Part, preferred entity, in relation to Māori freehold land (the land for disposition), means—

(a)

a governance body, other than an existing statutory body or a representative entity, that manages under a governance agreement other Māori freehold land that has 1 or more owners who are preferred recipients of the land for disposition:

(b)

a representative entity for the land for disposition.

(3)

See Part 9 for how a dispute about whether a person is a preferred recipient, or whether an entity is a preferred entity, may be referred to dispute resolution.

110 Disposition of land made by owner or governance body

(1)

A disposition of all or part of a parcel of Māori freehold land may be made only by—

(a)

the owners of the land, unless a governance body is appointed to manage the land; or

(b)

the governance body.

(2)

A disposition of an individual freehold interest in Māori freehold land (separately from the other individual freehold interests in the land) may be made only by the owner of the interest.

(3)

However, this section does not prevent—

(a)

a kaiwhakahaere from disposing of land on behalf of the owners if permitted under his or her appointment; or

(b)

the administrator or executor of a deceased person’s estate from disposing of land or an individual freehold interest in accordance with the person’s will; or

(c)

a mortgagee from selling land under a power expressed or implied in a mortgage.

(4)

See section 201 for how to appoint a kaiwhakahaere to carry out the decision of the owners of land that is not managed under a governance agreement.

111 Overview of governance body’s agreement to disposition

(1)

This section is an overview of what a governance body must do to agree to a disposition of Māori freehold land (under a provision of this Part that requires the governance body’s agreement).

(2)

The governance body must agree to the disposition in accordance with the governance agreement.

(3)

A governance agreement, depending on the type of disposition,—

(a)

generally requires the governance body to obtain the agreement of a certain majority of the owners of the land (see Part 3 of Schedule 4):

(b)

may apply the default decision-making process in Schedule 2, which—

(i)

first requires a notice of proposal about the disposition; and

(ii)

may impose additional requirements for certain dispositions (for example, a notice of proposal to sell the land must include an independent valuation and the minimum sale price and other terms of sale); and

(iii)

provides for a meeting of owners to vote on the proposal.

Sale, gift, exchange, etc, of parcel of Māori freehold land

112 Sale of parcel

(1)

A parcel of Māori freehold land may be sold, but only in accordance with—

(a)

section 113; or

(b)

section 116 (where a governance body has no reasonable prospect of obtaining the required level of owner agreement); or

(c)

a power expressed or implied in a mortgage; or

(d)

a right to buy the land in a lease executed before 8 November 1974 (being the date of commencement of Part 7 of the Maori Affairs Amendment Act 1974).

(2)

However, a parcel cannot be sold—

(a)

if it is owned by a class of collective owners; or

(b)

if it is owned by the trustees of a whānau trust or other trust (other than a governance body); or

(c)

under a power given by will unless the will-maker is the sole owner of the parcel.

(3)

To avoid doubt, a parcel of Māori freehold land (or the part of Māori freehold land comprising the buildings and other fixtures attached to the land, and everything growing on the land) does not change status merely because it is sold, including under a power in a mortgage.

113 Sale of parcel in ordinary cases

(1)

This section specifies the only way in which a parcel of Māori freehold land may ordinarily be sold (without obtaining an order under section 116 or relying on a mortgagee’s power of sale or a right to buy in certain historical leases).

(2)

The sale must be—

(a)

to a preferred recipient in relation to the land, under an agreement negotiated with the recipient; or

(b)

to a preferred recipient or preferred entity in relation to the land, under an agreement formed on acceptance of a qualifying tender under a preferential tender process for the land run in accordance with section 114; or

(c)

to any other person, under an agreement—

(i)

that is made by tender or auction after a preferential tender process for the land ends without a qualifying tender; and

(ii)

that is on terms at least as favourable to the seller as the terms required for a qualifying tender under that preferential tender process.

(3)

If the land is managed under a governance agreement,—

(a)

the decision to offer the land for sale must be agreed to by the governance body, but only after the body complies with section 117; and

(b)

the governance body must negotiate the terms of the sale or, for a preferential tender process, set a minimum sale price and all other terms of the sale.

(4)

For a governance body’s decision to offer land for sale, see clause 13 of Schedule 4, which requires the agreement of owners who together hold a 75% or more share in the land (unless the governance agreement requires a greater level of agreement).

(5)

If the land is not managed under a governance agreement,—

(a)

the decision to offer the land for sale must be agreed to by owners who together hold a 75% or more share in the land; and

(b)

the owners’ decision may set a minimum sale price or any other terms of the sale; and

(c)

the following must negotiate all other terms of the sale or, for a preferential tender process, set all other terms of the sale (including a minimum sale price if not set by the owners’ decision):

(i)

a kaiwhakahaere appointed to negotiate or set the terms; or

(ii)

1 or more of the owners, if all of the owners agree in writing to their negotiating or setting the terms.

(6)

The sale must—

(a)

be conditional on the court making an order of confirmation that it complies with the requirements of Parts 1 to 9; and

(b)

otherwise be agreed to unconditionally within 9 months after the decision is made to offer the land for sale.

(7)

To avoid doubt, if a decision is made to offer land for sale and a preferential tender process ends without a qualifying tender, the land may be sold to any other person under subsection (2)(c) within the 9-month period referred to in subsection (6)(b) without requiring a new decision to offer the land for sale.

114 Preferential tender process for sale of parcel

(1)

A preferential tender process referred to in section 113 must satisfy subsections (2) to (6).

(2)

The seller must give a written notice that—

(a)

describes the land for sale and its boundaries; and

(b)

requests tenders to buy the land only from the preferred recipients and preferred entities in relation to the land.

(3)

The notice must be—

(a)

sent to every preferred recipient whose address for notices is known to the seller; and

(b)

published electronically and (if necessary) in any other way so that preferred recipients are reasonably likely to learn of the request for tenders.

(4)

The notice must specify a deadline for receiving tenders that is at least 20 working days after the end of the day on which the notice is last published in print.

(5)

The notice must specify the following as the terms of sale:

(a)

all the terms of sale set in accordance with section 113, but the notice need not disclose the minimum sale price set for the land; and

(b)

that the agreement for sale is conditional only on the court making an order of confirmation that the sale complies with the requirements of Parts 1 to 9; and

(c)

that a tender cannot be withdrawn within 5 working days after the deadline for receiving tenders.

(6)

However, any of the terms of sale may instead be specified in a document located at a place or on an Internet site described in the notice.

(7)

A qualifying tender is received if—

(a)

the seller receives by the deadline a written tender from a preferred recipient to buy the land—

(i)

for at least the minimum sale price set for the land; and

(ii)

otherwise on the specified terms of sale or on terms more favourable to the seller; or

(b)

the seller does not receive a qualifying tender from a preferred recipient in accordance with paragraph (a) but instead receives by the deadline a written tender from a preferred entity to buy the land on the terms required by paragraph (a)(i) and (ii).

115 Exchange of parcel

(1)

A parcel of Māori freehold land may be exchanged for something else, but only in accordance with—

(a)

this section; or

(b)

section 116 (where there is no reasonable prospect of obtaining the required level of owner agreement).

(2)

However, a parcel cannot be exchanged if it is owned by—

(a)

a class of collective owners; or

(b)

the trustees of a whānau trust or other trust (other than a governance body).

(3)

The land to be exchanged (land A) must be—

(a)

a parcel of Māori freehold land; or

(b)

2 or more parcels of Māori freehold land with the same beneficial ownership and the same status as land subject to, or not subject to, Part 2 of the Maori Affairs Restructuring Act 1989.

(4)

Land A must be exchanged for a parcel of either of the following types of land, or 2 or more parcels of the same type and with the same beneficial ownership and the same status as land subject to, or not subject to, Part 2 of the Maori Affairs Restructuring Act 1989 (land B):

(a)

private land other than Māori customary land; or

(b)

Crown land that is subject to Part 2 of the Maori Affairs Restructuring Act 1989.

(5)

If a parcel of land A, or a parcel of land B that is Māori freehold land, is managed under a governance agreement, the exchange must be agreed to by the governance body that manages the parcel, but only after the body complies with section 117.

(6)

For a governance body’s decision to exchange land, see clause 13 of Schedule 4, which requires the agreement of owners who together hold more than a 50% share in the land (unless the governance agreement requires a greater level of agreement).

(7)

If a parcel of land A, or a parcel of land B that is Māori freehold land, is not managed under a governance agreement, the exchange must be agreed to by owners who together hold more than a 50% share in the parcel.

(8)

If a parcel of land B is not Māori freehold land, the exchange must be agreed to as follows:

(a)

for private land, by the owners of the parcel:

(b)

for Crown land, by the Minister responsible for the parcel or the registered proprietor of the parcel.

(9)

The beneficial ownership of land must be exchanged intact. That is, the beneficial ownership of land on each side of the exchange must, after the exchange, match the beneficial ownership, before the exchange, of the land on the other side.

(10)

The exchange must be conditional on the court making an order of confirmation that the exchange complies with the requirements of Parts 1 to 9.

(11)

If land is exchanged under this section, the land on each side of the exchange becomes land of the status that was held by the land on the other side of the exchange, whether that status is as land of 1 or both of the following types:

(a)

Māori freehold land:

(b)

land subject to Part 2 of the Maori Affairs Restructuring Act 1989.

116 Order declaring that land ceases to be Māori freehold land on sale or exchange by governance body

(1)

This section applies if a governance body—

(a)

wants to sell or exchange a parcel of Māori freehold land; and

(b)

is satisfied that there is no reasonable prospect of obtaining the required level of owner agreement.

(2)

The governance body may apply to the court for an order declaring that the parcel of land will cease to be Māori freehold land on the change of ownership from the sale or exchange (as the case may be).

(3)

The court must not make an order under this section unless it is satisfied that—

(a)

the governance body has complied with section 117 in relation to the sale or exchange; and

(b)

the purpose of Parts 1 to 9 can be achieved more effectively if the order is made; and

(c)

the sale or exchange is not prohibited by the governance agreement.

(4)

The order must specify the parcel comprising the land.

(5)

If an order is made, the governance body may sell or exchange the parcel of land without complying with section 113 or 115 (as the case may be).

117 Other requirements before governance body offers to sell parcel or exchanges parcel

(1)

This section imposes requirements on a governance body that manages a parcel of Māori freehold land before the governance body—

(a)

agrees to offer to sell the parcel under section 113; or

(b)

agrees to exchange the parcel under section 115; or

(c)

offers to sell the parcel, or exchanges the parcel, under section 116.

(2)

The governance body must have a land management plan that complies with section 222 and that—

(a)

authorises the particular offer to sell the parcel under section 113; or

(b)

authorises the particular exchange of the parcel under section 115; or

(c)

is not inconsistent with the offer to sell the parcel, or the exchange of the parcel, under section 116.

(3)

The governance body must have—

(a)

identified the replacement land, meaning—

(i)

the new land that it will acquire, or acquire and improve, with the net proceeds from the sale or as a result of the exchange; or

(ii)

for a sale, the existing land that it will improve with the net proceeds from the sale (see section 219); and

(b)

prepared an allocation scheme for the interests in the replacement land (see section 221); and

(c)

obtained a court order under section 223 changing the status of the replacement land to Māori freehold land (if necessary) and confirming the allocation scheme.

118 Gift of parcel

(1)

A parcel of Māori freehold land may be gifted, but only in accordance with this section.

(2)

A parcel cannot be gifted—

(a)

if it is owned by a class of collective owners; or

(b)

if it is owned by the trustees of a whānau trust or other trust (other than a governance body); or

(c)

if it is managed under a governance agreement; or

(d)

by will unless the person making the gift is the sole owner of the parcel.

(3)

The gift must be agreed to by owners who together hold a 75% or more share in the land.

(4)

The recipient of the gift must be a preferred recipient or preferred entity in relation to the land.

(5)

The gift must be conditional on the court making an order of confirmation that the gift complies with the requirements of Parts 1 to 9, unless the gift is by will.

119 Transfer of parcel for settlement on trustees

(1)

A governance body that manages a parcel of Māori freehold land must not settle the land on the trustees of a trust (by transfer to the trustees).

(2)

This section does not prevent a governance body from appointing a custodian trustee.

120 Agreement to certain dispositions of parcels under enactments

(1)

This section applies to a disposition in relation to all or part of a parcel of Māori freehold land that—

(a)

may be made or agreed to under an enactment other than Parts 1 to 9, but is not required by that enactment to be made or agreed to; and

(b)

is not restricted by another provision in this Part.

(2)

The disposition may be made or agreed to, but only in accordance with this section.

(3)

The disposition must be agreed to—

(a)

by the governance body, if the land is managed under a governance agreement; or

(b)

by owners who together hold a 75% or more share in the land, in any other case.

(4)

For a governance body’s decision about the disposition, see clause 13 of Schedule 4, which requires the agreement of owners who together hold a 75% or more share in the land (unless the governance agreement requires a greater level of agreement).

(5)

The disposition must be conditional on the court making an order of confirmation that it complies with the requirements of Parts 1 to 9.

121 No sale, gift, exchange, or transfer of part of parcel

(1)

Part of a parcel of Māori freehold land must not be sold, gifted, exchanged, or transferred separately from the rest of the parcel.

(2)

This section does not prevent a boundary adjustment under section 122 or a partition under section 126 or 128.

Boundary adjustment of parcel of Māori freehold land

122 Boundary adjustment of parcel

(1)

A boundary adjustment may be made to a parcel of Māori freehold land, but only if—

(a)

the boundary adjustment is made with an adjoining parcel of land that is not Māori customary land; and

(b)

the actions required by section 123 are completed.

(2)

To avoid doubt, this section does not affect the application of the common law rules of accretion or erosion to any movable boundary of a parcel of Māori freehold land.

123 Actions required for boundary adjustment

(1)

This section sets out the actions that must be completed for a boundary adjustment to a parcel of Māori freehold land.

(2)

A survey plan must be prepared that defines the new parcels—

(a)

in compliance with the applicable survey standards; and

(b)

so that no new parcel becomes landlocked land (as defined by section 333).

(3)

An allocation scheme must be prepared that allocates the beneficial ownership of each new parcel so that it matches the beneficial ownership, before the boundary adjustment, of the existing parcel from which the new parcel primarily derives.

(4)

The boundary adjustment, including the survey plan and allocation scheme, must be agreed to as follows:

(a)

in respect of the parcel of Māori freehold land,—

(i)

if the parcel is managed under a governance agreement, by the governance body; or

(ii)

if the parcel is not managed under a governance agreement, and the adjustment changes the area of the parcel by 2% or more, by owners who together hold more than a 50% share in the parcel; or

(iii)

if the parcel is not managed under a governance agreement, and the adjustment changes the area of the parcel by less than 2%, by owners who together hold 75% or more of the participating owners’ total share in the parcel; and

(b)

in respect of the adjoining parcel of land,—

(i)

for Māori freehold land, in accordance with paragraph (a):

(ii)

for other private land, by the owners of the land:

(iii)

for Crown land, by the Minister responsible for the land or the registered proprietor of the land.

(5)

For a governance body’s decision about the boundary adjustment, see clause 13 of Schedule 4, which provides that a boundary adjustment that changes the area of a parcel by 2% or more requires the agreement of owners who together hold more than a 50% share in the land (unless the governance agreement requires a greater level of agreement).

(6)

The boundary adjustment, including the survey plan and allocation scheme, must also be agreed to by—

(a)

the grantor of each easement or other interest that benefits an existing parcel; and

(b)

the grantee of each lease, licence, mortgage, easement, or other interest that burdens an existing parcel.

(7)

The boundary adjustment must be conditional on the court making an order of confirmation that the boundary adjustment, including the survey plan and allocation scheme, complies with the requirements of Parts 1 to 9.

(8)

If the boundary adjustment includes land that is not Māori land, that land must be treated as Māori land for the purposes of section 11(2) of the Resource Management Act 1991 (so that section 11(1) of that Act does not apply).

(9)

If any lease, licence, mortgage, easement, or other interest that affects an existing parcel is to be varied because of the boundary adjustment (for example, to change the area to which it applies or to apportion rights or interests under it), the variation must be made conditional on an order of confirmation being made for the boundary adjustment.

124 Effect of boundary adjustment

(1)

This section applies if a boundary adjustment is made to a parcel of Māori freehold land.

(2)

The land is held as the new parcels defined by the survey plan for the boundary adjustment.

(3)

The beneficial ownership of the new parcels is vested in accordance with the allocation scheme for the boundary adjustment.

(4)

If an existing parcel is managed under a governance agreement immediately before the boundary adjustment,—

(a)

the new parcel that primarily derives from the existing parcel is instead managed under the governance agreement; and

(b)

the governance body must comply with section 220.

(5)

Each new parcel becomes land of the status that was held by the parcel from which it primarily derives, whether that status relates to 1 or both of the following:

(a)

Māori freehold land:

(b)

land subject to Part 2 of the Maori Affairs Restructuring Act 1989.

(6)

If, immediately before an existing parcel has its boundary adjusted, any lease, licence, mortgage, easement, or other interest affects—

(a)

all or part of the parcel, the interest continues to apply to the same land in the new parcels; or

(b)

only 1 or more owners’ individual freehold interests in the parcel, the interest then applies to those owners’ individual freehold interests in the new parcels.

(7)

However, subsection (6) does not prevent the variation of an interest immediately upon the boundary being adjusted.

Partition of parcel of Māori freehold land

125 Partition of parcel

(1)

An existing parcel of Māori freehold land may be partitioned into 2 or more new parcels, but only if—

(a)

the actions required by section 126 are completed; or

(b)

for a mortgagee entitled to sell the existing parcel under a mortgage or other charge, the actions required by section 128 are completed.

(2)

A parcel of Māori freehold land cannot be partitioned or subdivided in any other way, but its boundary may be adjusted under section 122.

126 Actions required for partition (other than by mortgagee)

(1)

This section sets out the actions that must be completed in order to partition an existing parcel (other than by a mortgagee).

(2)

A survey plan must be prepared that defines the new parcels—

(a)

in compliance with the applicable survey standards; and

(b)

so that no new parcel becomes landlocked land (as defined by section 333).

(3)

An allocation scheme must be prepared that allocates the beneficial ownership of the new parcels in accordance with section 127.

(4)

The partition, including the survey plan and allocation scheme, must be agreed to as follows:

(a)

for land managed under a governance agreement, by the governance body:

(b)

for other land, by owners who together hold more than a 50% share in the parcel.

(5)

For a governance body’s decision to partition land, see clause 13 of Schedule 4, which requires the agreement of owners who together hold more than a 50% share in the land (unless the governance agreement requires a greater level of agreement).

(6)

The partition, including the survey plan and allocation scheme, must also be agreed to by—

(a)

the grantor of each easement or other interest that benefits the existing parcel; and

(b)

the grantee of each lease, licence, mortgage, easement, or other interest that burdens the existing parcel.

(7)

If the existing parcel is managed under a governance agreement, the governance body must have a land management plan that complies with section 222 and that authorises the particular partition.

(8)

The partition must be conditional on the court making an order of confirmation that—

(a)

the partition, including the survey plan and allocation scheme, complies with the requirements of Parts 1 to 9; and

(b)

the court is satisfied that the partition will assist the owners to retain, control, occupy, or develop their land for the benefit of present and future owners; and

(c)

the court is satisfied that the allocation scheme is fair and equitable to all owners.

(9)

If any lease, licence, mortgage, easement, or other interest that affects the existing parcel is to be varied because of the partition (for example, to change the area to which it applies or to apportion rights or interests under it), the variation must be made conditional on an order of confirmation being made for the partition.

127 Allocation scheme for new parcels on partition (other than by mortgagee)

(1)

This section sets out the requirements for an allocation scheme for a partition (other than by a mortgagee).

(2)

If the existing parcel is owned by a class of collective owners, the allocation scheme must provide for the new parcels to be owned by that class of collective owners.

(3)

Otherwise, the allocation scheme must provide for each new parcel to be owned in 1 of the following ways:

(a)

by a sole owner:

(b)

by joint tenants:

(c)

by tenants in common.

(4)

The allocation scheme must allocate ownership of the new parcels so that, as nearly as practicable, the value of owners’ interests in the land overall does not change on partition.

(5)

However, 1 or more owners of land not held by a class of collective owners may agree to allocate their interests on a different basis, as long as it does not affect the allocation of the other owners’ interests.

128 Actions required for partition by mortgagee

(1)

This section sets out the actions that must be completed for a mortgagee to partition an existing parcel.

(2)

A survey plan must be prepared that defines the new parcels—

(a)

in compliance with the applicable survey standards; and

(b)

so that no new parcel becomes landlocked land (as defined by section 333).

(3)

An allocation scheme must be prepared that allocates the beneficial ownership of each new parcel so that it matches the beneficial ownership, before the partition, of the existing parcel.

(4)

The partition, including the survey plan and allocation scheme, must be agreed to by—

(a)

the grantor of each easement or other interest that benefits the existing parcel; and

(b)

the grantee of each lease, licence, mortgage, easement, or other interest that burdens the existing parcel.

(5)

The partition must be conditional on the court making an order of confirmation that—

(a)

the partition, including the survey plan and allocation scheme, complies with the requirements of Parts 1 to 9; and

(b)

the court is satisfied that the partition will assist the owners to retain the most land that is consistent with the circumstances leading to the mortgagee’s entitlement to sell the existing parcel.

(6)

If any lease, licence, mortgage, easement, or other interest that affects the existing parcel is to be varied because of the partition (for example, to change the area to which it applies or to apportion rights or interests under it), the variation must be made conditional on an order of confirmation being made for the partition.

129 Effect of partition

(1)

This section applies if land is partitioned.

(2)

The partitioned land is held as the separate new parcels defined by the survey plan for the partition.

(3)

The beneficial ownership of the new parcels is vested in accordance with the allocation scheme for the partition.

(4)

If the existing parcel is managed under a governance agreement immediately before the partition,—

(a)

the new parcels are instead managed under the governance agreement; and

(b)

the governance body must comply with section 220.

(5)

If, immediately before the existing parcel is partitioned, any lease, licence, mortgage, easement, or other interest affects—

(a)

all or part of the parcel, the interest continues to apply to the same land in the new parcels; or

(b)

only 1 or more owners’ individual freehold interests in the parcel, the interest then applies to those owners’ individual freehold interests in the new parcels.

(6)

However, subsection (5) does not prevent the variation of an interest immediately upon partition.

Amalgamation of parcels of Māori freehold land or other land

130 Amalgamation of parcels

(1)

Two or more existing parcels of land may be amalgamated into 1 new parcel, but only if—

(a)

the existing parcels comply with this section; and

(b)

the actions required by section 131 are completed.

(2)

The existing parcels—

(a)

must be 1 or more existing parcels of Māori freehold land; and

(b)

may include 1 or more existing parcels of other private land that resulted from a partition under section 296 of Te Ture Whenua Maori Act 1993 or section 440 of the Maori Affairs Act 1953.

(3)

Each existing parcel must adjoin another of the existing parcels.

(4)

All of the existing parcels—

(a)

must be owned by 1 or more classes of collective owners or must not be owned by any class of collective owners; and

(b)

must be managed under the same governance agreement or must not be managed under any governance agreement.

(5)

See the following provisions for how the owners of Māori freehold land may change the ownership or governance of the land to qualify for amalgamation:

(a)

section 53, for converting land to collective ownership:

(b)

section 169, for appointing a governance body to manage additional land:

(c)

section 186, for revoking a governance body’s appointment to manage land.

131 Actions required for amalgamation

(1)

This section sets out the actions that must be completed in order to amalgamate existing parcels.

(2)

A survey plan must be prepared that defines the new parcel in compliance with the applicable survey standards.

(3)

An allocation scheme must be prepared that allocates the beneficial ownership of the new parcel in accordance with section 132.

(4)

The amalgamation, including the survey plan and allocation scheme, must be agreed to in respect of each existing parcel as follows:

(a)

for Māori freehold land managed under a governance agreement, by the governance body:

(b)

for other Māori freehold land, by owners who together hold more than 50% of the participating owners’ total share in the parcel:

(c)

for other private land, by the owners of the parcel.

(5)

For a governance body’s decision to amalgamate a parcel, see clause 13 of Schedule 4, which requires the agreement of owners who together hold more than 50% of the participating owners’ total share in the land (unless the governance agreement requires a greater level of agreement).

(6)

The amalgamation, including the survey plan and allocation scheme, must also be agreed to by—

(a)

the grantor of each easement or other interest that benefits an existing parcel; and

(b)

the grantee of each lease, licence, mortgage, easement, or other interest that burdens an existing parcel.

(7)

If the existing parcels are managed under a governance agreement, the governance body must have a land management plan that complies with section 222 and that authorises the particular amalgamation.

(8)

The amalgamation must be conditional on the court making an order of confirmation that—

(a)

the amalgamation, including the survey plan and allocation scheme, complies with the requirements of Parts 1 to 9; and

(b)

the court is satisfied that the allocation scheme is fair and equitable to all owners.

(9)

If any lease, licence, mortgage, easement, or other interest that affects an existing parcel is to be varied because of the amalgamation (for example, to change the area to which it applies or to apportion rights or interests under it), the variation must be made conditional on an order of confirmation being made for the amalgamation.

132 Allocation scheme for new parcel on amalgamation

(1)

This section sets out the requirements for an allocation scheme for an amalgamation.

Class of collective owners

(2)

If all existing parcels are owned by a single class of collective owners, the allocation scheme must provide for the new parcel to be owned by that class of collective owners, and the rest of this section does not apply.

(3)

If all existing parcels are owned by a class of collective owners, but there are 2 or more different classes, the allocation scheme must provide for the new parcel to be owned by a class of collective owners defined as the combination of each of those different classes, and the rest of this section does not apply.

No class of collective owners

(4)

If no existing parcel is owned by a class of collective owners, the allocation scheme must provide for the new parcel to be owned in 1 of the following ways:

(a)

by a sole owner:

(b)

by joint tenants:

(c)

by tenants in common.

(5)

The allocation scheme must allocate ownership of the new parcel so that, as nearly as practicable, the value of owners’ interests in the land overall does not change on amalgamation.

(6)

However, 1 or more owners may agree to allocate their interests on a different basis, as long as it does not affect the allocation of the other owners’ interests.

133 Effect of amalgamation

(1)

This section applies if land is amalgamated.

(2)

The amalgamated land is held as the single new parcel defined by the survey plan for the amalgamation.

(3)

The beneficial ownership of the new parcel is vested in accordance with the allocation scheme for the amalgamation.

(4)

If the existing parcels are managed under a governance agreement immediately before the amalgamation,—

(a)

the new parcel is instead managed under the governance agreement; and

(b)

the governance body must comply with section 220.

(5)

Any land that is amalgamated becomes Māori freehold land if it is not already.

(6)

If, immediately before a parcel is amalgamated, any lease, licence, mortgage, easement, or other interest affects—

(a)

all or part of the parcel, the interest continues to apply to the same land in the new parcel; or

(b)

only 1 or more owners’ individual freehold interests in the parcel, the interest then applies to those owners’ individual freehold interests in the new parcel.

(7)

However, subsection (6) does not prevent the variation of an interest immediately upon amalgamation.

Aggregation of parcels of Māori freehold land or other land

134 Aggregation of ownership of parcels

(1)

The beneficial ownership of 2 or more parcels of land may be aggregated so that each parcel becomes owned by the aggregate of the owners of all the parcels, but only if—

(a)

the parcels comply with this section; and

(b)

the actions required by section 135 are completed.

(2)

The land whose ownership is to be aggregated—

(a)

must be 1 or more parcels of Māori freehold land; and

(b)

may include 1 or more parcels of other private land that resulted from a partition under section 296 of Te Ture Whenua Maori Act 1993 or section 440 of the Maori Affairs Act 1953.

(3)

All of the parcels—

(a)

must be owned by 1 or more classes of collective owners or must not be owned by any class of collective owners; and

(b)

must be managed under the same governance agreement or must not be managed under any governance agreement.

(4)

See section 53 for how the owners of Māori freehold land may convert it to collective ownership to qualify for aggregation of ownership.

135 Actions required for aggregation of ownership

(1)

This section sets out the actions that must be completed in order to aggregate ownership of parcels.

(2)

An allocation scheme must be prepared that allocates the beneficial ownership of the parcels in accordance with section 136.

(3)

The aggregation, including the allocation scheme, must be agreed to in respect of each parcel as follows:

(a)

for Māori freehold land managed under a governance agreement, by the governance body:

(b)

for other Māori freehold land, by owners who together hold 75% or more of the participating owners’ total share in the parcel:

(c)

for other private land, by the owners of the parcel.

(4)

For a governance body’s decision to aggregate ownership of a parcel, see clause 13 of Schedule 4, which requires the agreement of owners who together hold 75% or more of the participating owners’ total share in the land (unless the governance agreement requires a greater level of agreement).

(5)

The aggregation must be conditional on the court making an order of confirmation that—

(a)

the aggregation, including the allocation scheme, complies with the requirements of Parts 1 to 9; and

(b)

the court is satisfied that the allocation scheme is fair and equitable to all owners.

136 Allocation scheme for parcels on aggregation of ownership

(1)

This section sets out the requirements for an allocation scheme for an aggregation of ownership.

Class of collective owners

(2)

If all parcels are owned by 1 or more classes of collective owners, the allocation scheme must provide for the parcels to be owned by a class of collective owners defined as the combination of each of those classes, and the rest of this section does not apply.

No class of collective owners

(3)

If no parcel is owned by a class of collective owners, the allocation scheme must provide for each parcel to be owned in 1 of the following ways:

(a)

by joint tenants, but only if each parcel whose ownership is to be aggregated is held by joint tenants:

(b)

by tenants in common.

(4)

The allocation scheme must allocate ownership of the parcels so that—

(a)

ownership of all of the parcels is the same; and

(b)

as nearly as practicable, the value of owners’ interests in the land overall does not change on aggregation of ownership.

(5)

However, 1 or more owners may agree to allocate their interests on a different basis, as long as it does not affect the allocation of the other owners’ interests.

137 Effect of aggregation of ownership

(1)

This section applies if the beneficial ownership of land is aggregated.

(2)

The beneficial ownership of the parcels is vested in accordance with the allocation scheme for the aggregation.

(3)

Any land whose ownership is aggregated becomes Māori freehold land if it is not already.

(4)

If, immediately before a parcel’s ownership is aggregated, any lease, licence, mortgage, easement, or other interest affects—

(a)

all or part of the parcel, the interest continues to apply to the same land after aggregation; or

(b)

only 1 or more owners’ individual freehold interests in the parcel, the interest then applies to those owners’ individual freehold interests in the parcels after aggregation.

(5)

Land cannot cease to be Māori freehold land while its ownership is aggregated with other land.

(6)

See section 150(3), which provides that, where the ownership of parcels is aggregated, an individual freehold interest in a parcel may be disposed of only together with individual freehold interests that comprise equal shares of the other parcels.

Cancellation of aggregation of parcels of Māori freehold land

138 Cancellation of aggregation of ownership of parcels

(1)

The aggregation of the beneficial ownership of 2 or more parcels of Māori freehold land may be cancelled so that each parcel becomes separately owned, but only if the actions required by this section are completed.

(2)

An allocation scheme must be prepared that allocates the beneficial ownership of the parcels in accordance with section 139.

(3)

The cancellation, including the allocation scheme, must be agreed to in respect of each parcel by—

(a)

the governance body, if the parcel is managed under a governance agreement; or

(b)

owners who together hold 75% or more of the participating owners’ total share in the parcel, in any other case.

(4)

For a governance body’s decision to cancel the aggregation of ownership of a parcel, see clause 13 of Schedule 4, which requires the agreement of owners who together hold 75% or more of the participating owners’ total share in the land (unless the governance agreement requires a greater level of agreement).

(5)

The cancellation must be conditional on the court making an order of confirmation that—

(a)

the cancellation, including the allocation scheme, complies with the requirements of Parts 1 to 9; and

(b)

the court is satisfied that the allocation scheme is fair and equitable to all owners.

139 Allocation scheme for parcels on cancellation of aggregation of ownership

(1)

This section sets out the requirements for an allocation scheme for the cancellation of an aggregation of ownership.

Class of collective owners

(2)

If the parcels are owned by a class of collective owners, the allocation scheme must provide for each parcel to be owned by the class of collective owners who owned it immediately before the aggregation, and the rest of this section does not apply.

No class of collective owners

(3)

If the parcels are not owned by a class of collective owners, the allocation scheme must provide for each parcel to be owned in 1 of the following ways:

(a)

by a sole owner:

(b)

by joint tenants:

(c)

by tenants in common.

(4)

The allocation scheme must allocate ownership of the parcels so that—

(a)

each parcel becomes owned by those who owned it immediately before the aggregation (or by their successors in title); but

(b)

as nearly as practicable, the value of owners’ interests in the land overall does not change on cancellation.

(5)

However, 1 or more owners may agree to allocate their interests on a different basis, as long as it does not affect the allocation of the other owners’ interests.

140 Effect of cancellation of aggregation

(1)

This section applies if the aggregation of beneficial ownership of land is cancelled.

(2)

The beneficial ownership of the parcels is vested in accordance with the allocation scheme for the cancellation.

(3)

If, immediately before the aggregation of a parcel’s ownership is cancelled, any lease, licence, mortgage, easement, or other interest affects—

(a)

all or part of the parcel, the interest continues to apply to the same land after cancellation; or

(b)

only 1 or more owners’ individual freehold interests in the parcel, the interest then applies to those owners’ individual freehold interests in the parcels after cancellation.

Grant of lesser interest over parcel of Māori freehold land

141 Lease of parcel for general purposes

(1)

A lease may be granted over all or part of a parcel of Māori freehold land for a purpose other than residential housing, but only in accordance with this section.

(2)

The term of the lease must be 99 years or less.

Requirement for agreement (unless lease is renewal)

(3)

If the land is managed under a governance agreement, the lease must be agreed to by the governance body. See clause 13 of Schedule 4, which provides that a lease of more than 52 years requires the agreement of owners who together hold more than a 50% share in the land (unless the governance agreement requires a greater level of agreement).

(4)

If the land is not managed under a governance agreement, a lease for the term specified must be agreed to as follows:

(a)

for a term of 7 years or less, by owners who together hold 75% or more of the participating owners’ total share in the land; or

(b)

for a term of 25 years or less, but more than 7 years, by owners who together hold a 25% or more share in the land; or

(c)

for a term of more than 25 years, by owners who together hold more than a 50% share in the land.

(5)

However, agreement is not required for a lease granted under a right of renewal included in another lease.

Other provisions

(6)

The land to be leased must be defined on a survey plan made in compliance with the applicable survey standards.

(7)

If the land is not managed under a governance agreement and the lease is granted for a term of more than 25 years, the grant of the lease must be conditional on the court making an order of confirmation that the grant complies with the requirements of Parts 1 to 9.

(8)

The lessee’s interest under the lease may, unless the terms and conditions of the lease provide otherwise,—

(a)

be assigned; or

(b)

be subleased, but only in accordance with the provision in this Part that restricts a lease of the sublease’s type, except that the governance body or owners may have agreed to the headlease on the basis that it is also agreement to any sublease.

(9)

However, if land managed under a governance agreement is leased to the governance body or an entity controlled by the governance body, the lessee’s interest under the lease may be subleased to 1 of the following without complying with the provision in this Part that restricts a lease of the sublease’s type:

(a)

the governance body; or

(b)

an entity controlled by the governance body; or

(c)

an assignee on sale under a power in a mortgage of the lessee’s interest; or

(d)

any person for the purpose of residential housing.

(10)

In this section and sections 142 and 143,—

entity controlled by the governance body means an entity for which the governance body has—

(a)

direct or indirect control of 50% or more of the votes at any meeting of the members or controlling body; or

(b)

the direct or indirect right to appoint 50% or more of the trustees, directors, or managers (however described)

residential housing means—

(a)

the occupation of existing premises as a place of residence; or

(b)

the building of premises on, or transporting of premises onto, land and the occupation of the premises as a place of residence

term includes—

(a)

any further terms that may be granted under rights of renewal included in the lease; and

(b)

for a lease granted under a right of renewal, the terms of any leases from which the right of renewal derives.

142 Lease of parcel for residential housing with rent payable

(1)

A lease may be granted over all or part of a parcel of Māori freehold land for the purpose of residential housing and with rent payable, but only in accordance with this section.

(2)

The term of the lease must be 99 years or less, or the lease must be a periodic tenancy (as defined by section 2(1) of the Residential Tenancies Act 1986).

(3)

The lease cannot be granted unless the land is managed under a governance agreement, and the lease must be agreed to by the governance body.

(4)

However, agreement is not required for a lease granted under a right of renewal included in another lease.

(5)

The lessee’s interest under the lease may be—

(a)

assigned; or

(b)

subleased, but only in accordance with the provision in this Part that restricts a lease of the sublease’s type, except that the governance body may have agreed to the headlease on the basis that it is also agreement to any sublease.

143 Lease of parcel for residential housing rent-free

(1)

A lease may be granted over all or part of a parcel of Māori freehold land for the purpose of residential housing and rent-free, but only in accordance with this section.

(2)

The term of the lease must be—

(a)

99 years or less; or

(b)

for the life of the person to whom it is granted.

(3)

The lease must be agreed to by—

(a)

the governance body, if the land is managed under a governance agreement; or

(b)

owners who together hold 75% or more of the participating owners’ total share in the land, in any other case.

(4)

However, agreement is not required for a lease granted under a right of renewal included in another lease.

(5)

The person to whom the lease is granted must be—

(a)

an owner of the land; or

(b)

a beneficiary of a whānau trust that has an interest in the land.

(6)

The lease may include a provision that allows any of the following people to occupy the premises on the leased land in addition to the grantee as long as any maximum number of occupants that is specified in the lease is complied with:

(a)

any member of the grantee’s immediate family; and

(b)

the principal caregiver of the grantee or of a member of the grantee’s immediate family.

(7)

The lease may be granted with conditions, which may include the requirement to pay any charges (but not rent) that relate to the property.

(8)

The lease is enforceable even though no rent is payable under it, despite any other enactment or rule of law.

(9)

The grantee’s interest under the lease cannot be subleased, and the unexpired term of the lease (if any) may be disposed of only in accordance with section 144 or 269.

(10)

The lease ends if the unexpired term of the lease is not disposed of under section 144 or 269 once the grantee, or a recipient under either of those provisions, dies.

144 Gift of rent-free lease for residential housing

(1)

The grantee of a rent-free lease for residential housing under section 44 or 143 may assign the unexpired term of the lease to another person, but only in accordance with this section.

(2)

The lease must be gifted to the following (the recipient):

(a)

a child or grandchild of the grantee; or

(b)

a parent of the grantee; or

(c)

the grantee’s spouse, civil union partner, or de facto partner; or

(d)

for a lease granted under section 44, a beneficiary of the whenua tāpui; or

(e)

for a lease granted under section 143, an owner of the land or a beneficiary of a whānau trust that has an interest in the land.

(3)

Any provision of the lease referred to in section 44(7) or 143(6) (about additional occupants) applies to the recipient as the grantee of the lease.

(4)

Alternatively, the terms of the gift may vary the lease to delete that provision or to insert a new or replacement provision of that type.

(5)

Despite any provision of the lease, the recipient’s principal caregiver is entitled to occupy the premises on the leased land in addition to the recipient, if the grantee gifts the lease by will to a recipient—

(a)

who is a child or grandchild of the grantee; and

(b)

who is less than 18 years of age or requires full-time care; and

(c)

for whom the premises were his or her principal place of residence when the grantee died.

(6)

If subsection (5) applies and the recipient’s principal caregiver is also the principal caregiver for persons not entitled to occupy the premises, those persons are entitled to occupy the premises as long as any maximum number of occupants that is specified in the lease is complied with.

(7)

If a recipient has a principal caregiver, a kaiwhakamarumaru, or a welfare guardian, that person may administer the lease on the recipient’s behalf.

(8)

The recipient of a lease under this section or section 269, as the grantee of the lease, may assign the unexpired term of the lease in accordance with this section, but only to a child or grandchild of the original grantee of the lease.

145 Licence or profit à prendre over parcel

(1)

A licence or profit à prendre may be granted over all or part of a parcel of Māori freehold land, but only in accordance with this section.

(2)

The term of the licence or profit à prendre must be—

(a)

52 years or less; or

(b)

in the case of a forestry right under the Forestry Rights Registration Act 1983, 99 years or less.

(3)

If the land is managed under a governance agreement, the licence or profit à prendre must be agreed to by the governance body.

(4)

If the land is not managed under a governance agreement, a licence or profit à prendre for the term specified must be agreed to as follows:

(a)

for a term of 7 years or less, by owners who together hold 75% or more of the participating owners’ total share in the land; or

(b)

for a term of 25 years or less, but more than 7 years, by owners who together hold a 25% or more share in the land; or

(c)

for a term of more than 25 years, by owners who together hold more than a 50% share in the land.

(5)

However, agreement is not required for a licence or profit à prendre granted under a right of renewal included in another licence or profit à prendre.

(6)

This section does not restrict a subgrant (for example, a sublicence) under a licence or profit à prendre over Māori freehold land.

(7)

In this section, term includes—

(a)

any further terms that may be granted under rights of renewal included in the licence or profit à prendre; and

(b)

for a licence or profit à prendre granted under a right of renewal, the terms of any licences or profits à prendre from which the right of renewal derives.

146 Mortgage or charge over parcel

(1)

A mortgage or other charge may be granted over all or part of a parcel of Māori freehold land, but only in accordance with this section.

(2)

The mortgage or other charge must be agreed to by—

(a)

the governance body, if the land is managed under a governance agreement; or

(b)

owners who together hold a 75% or more share in the land, in any other case.

(3)

The part of the land comprising the buildings and other fixtures attached to the land, and everything growing on the land,—

(a)

may be charged separately from the rest of the land; and

(b)

despite any other enactment or rule of law, may be transferred separately from the rest of the land under a power expressed or implied by the charge.

(4)

This section does not restrict—

(a)

the grant of a mortgage or other charge over a lesser estate or interest (for example, a leasehold estate); or

(b)

the creation of a statutory land charge under another Act; or

(c)

the creation of a security interest as defined by section 17 of the Personal Property Securities Act 1999.

(5)

To avoid doubt, a transfer described by subsection (3)(b) is not—

(a)

a partition of land for the purposes of Parts 1 to 9; or

(b)

a subdivision of land for the purposes of Part 10 of the Resource Management Act 1991.

147 Variation of lease, licence, profit à prendre, mortgage, or charge

(1)

Subsection (2) applies if—

(a)

a lease, licence, profit à prendre, mortgage, or charge is to be varied to apply to additional or different Māori freehold land; or

(b)

a lease, licence, or profit à prendre over Māori freehold land is to be varied as to its term (including any further terms that may be granted under rights of renewal).

(2)

The variation of the interest must comply with the provision in this Part that restricts the granting of the interest itself, as if the variation were the grant of such an interest (and not a renewal).

(3)

Subsection (4) applies if—

(a)

a lease over Māori freehold land is to be varied so that the lease is for a different purpose; and

(b)

the lease was originally granted under a provision of sections 141 to 143 that is different from the provision (the other provision) that applies to leases granted for that different purpose.

(4)

The variation must comply with the other provision as if the variation were the grant of a lease for that different purpose (and not a renewal).

148 Easement over parcel

(1)

The following easements may be granted over all or part of a parcel of land, but only in accordance with this section:

(a)

an easement over Māori land for the benefit of any land or in gross for the benefit of any person:

(b)

an easement over land other than Māori land for the benefit of Māori land.

(2)

The easement must be agreed to as follows in respect of the land over which it runs and any land that it benefits:

(a)

for Māori freehold land managed under a governance agreement, by the governance body:

(b)

for other Māori freehold land, by owners who together hold more than a 50% share in the land:

(c)

for Māori customary land with a kaiwhakahaere appointed for that purpose, by the kaiwhakahaere:

(d)

for other Māori customary land, by the Māori Trustee:

(e)

for other private land, by the owners of the land:

(f)

for Crown land, by the Minister responsible for the land or the registered proprietor of the land.

(3)

An easement that runs over, or that benefits, land reserved as a whenua tāpui must also be agreed to by the administering body of the whenua tāpui.

(4)

An easement for a right of way that connects with a State highway or any other road must also be agreed to by—

(a)

the New Zealand Transport Agency and the relevant territorial authority, for connection with a State highway; or

(b)

the relevant territorial authority, for connection with any other road.

(5)

The land over which the easement runs must be defined on a survey plan made in compliance with the applicable survey standards.

(6)

Section 348 of the Local Government Act 1974 does not apply to an easement for a right of way created under this section for the benefit of Māori land.

(7)

The easement must be conditional on the court making an order of confirmation that the easement complies with the requirements of Parts 1 to 9.

(8)

This section does not apply to—

(a)

an easement required by an order made by virtue of section 333; or

(b)

an easement that may be granted under section 65 of the Maori Affairs Restructuring Act 1989.

149 Cancellation or variation of easement

(1)

The following easements over all or part of a parcel of land may be cancelled or varied, but only in accordance with this section:

(a)

an easement over Māori land for the benefit of any land or in gross for the benefit of any person:

(b)

an easement over land other than Māori land for the benefit of Māori land:

(c)

any other easement that would have satisfied paragraph (a) or (b) when it was created but that no longer does so because of changes in the status of land.

(2)

Cancellation or variation of the easement must be agreed to as follows in respect of the land over which it runs and any land that it benefits:

(a)

for Māori freehold land managed under a governance agreement, by the governance body:

(b)

for other Māori freehold land, by owners who together hold more than a 50% share in the land:

(c)

for Māori customary land with a kaiwhakahaere appointed for that purpose, by the kaiwhakahaere:

(d)

for other Māori customary land, by the Māori Trustee:

(e)

for other private land, by the owners of the land:

(f)

for Crown land, by the Minister responsible for the land or the registered proprietor of the land.

(3)

Cancellation or variation of an easement that runs over, or that benefits, land reserved as a whenua tāpui must also be agreed to by the administering body of the whenua tāpui.

(4)

For a variation, the land over which the easement runs must be defined on a survey plan made in compliance with the applicable survey standards.

(5)

An easement for a right of way must not be cancelled or varied if it would cause the land that benefits from the easement to become landlocked land (as defined by section 333).

(6)

The cancellation or variation must be conditional on the court making an order of confirmation that the cancellation or variation complies with the requirements of Parts 1 to 9.

Sale, gift, exchange, and mortgage of individual freehold interest in Māori freehold land

150 Disposition of individual freehold interest

(1)

An individual freehold interest in any Māori freehold land may be disposed of separately from the other individual freehold interests in the land, but only if permitted by and in accordance with this section.

(2)

The individual freehold interest may be—

(a)

sold to the following, but cannot be sold under a power given by will:

(i)

a preferred recipient in relation to the land; or

(ii)

a governance body that manages the land under a governance agreement, other than an existing statutory body or a representative entity:

(b)

gifted to—

(i)

a preferred recipient in relation to the land; or

(ii)

a governance body that manages the land under a governance agreement, other than an existing statutory body or a representative entity:

(c)

exchanged for something else, but only in accordance with section 151:

(d)

mortgaged or charged.

(3)

If the beneficial ownership of 2 or more parcels of land is aggregated, an individual freehold interest in a parcel may be disposed of under subsection (2) only together with individual freehold interests that comprise equal shares of the other parcels.

(4)

To avoid doubt, the sales or gifts to which this section applies include—

(a)

a sale or gift by the owner of the individual freehold interest:

(b)

a sale under a power expressed or implied in a mortgage:

(c)

a gift by will or a sale under a power given by will.

151 Exchange of individual freehold interest

(1)

An individual freehold interest (interest A) in any Māori freehold land (land A) may be exchanged by its owner for something else, but only in accordance with this section.

(2)

Interest A must be exchanged for an individual freehold interest (interest B) in any private land other than Māori customary land (land B).

(3)

The owner of interest B must be a preferred recipient in relation to land A.

(4)

If land B is Māori freehold land, the owner of interest A must be a preferred recipient in relation to land B.

(5)

The exchange must be agreed to by the owner of each interest.

(6)

To avoid doubt, if interests are exchanged under this section, land A and land B do not become land of a different status.

General provisions about dispositions

152 Dispositions made by instruments

(1)

The instrument required by the Land Transfer Act 1952 and its regulations must be used in order for a disposition to be registered under that Act.

(2)

The instrument required by regulations made under Parts 1 to 9 must be used in order for a disposition to be recorded in the Māori land register.

153 Dispositions of Māori freehold land have effect when recorded or registered

(1)

A disposition of Māori freehold land does not have effect until it is recorded in the Māori land register, whether the disposition is of all or part of a parcel or of an individual freehold interest.

(2)

However, a disposition that may be registered under the Land Transfer Act 1952—

(a)

does not have effect for the purposes of legal title until it is registered under that Act; but

(b)

may have earlier effect for the purposes of equitable title once it is recorded in the Māori land register.

154 Recording dispositions on Māori land register

(1)

This section provides for the recording in the Māori land register of an instrument executed by the parties to make a disposition of Māori freehold land, whether the disposition is of all or part of a parcel or of an individual freehold interest.

(2)

The chief executive may record the instrument in the Māori land register only if—

(a)

the instrument complies with the requirements prescribed by regulations; and

(b)

for a disposition that requires an order of confirmation that it complies with the requirements of Parts 1 to 9 (and of any other matter), the order of confirmation has been made and sealed.

(3)

Even if the requirements of subsection (2) are satisfied, if the chief executive considers that there is doubt about whether the disposition complies with the requirements of any enactment (including Parts 1 to 9, if there is no order of confirmation for the disposition), then the chief executive—

(a)

need not record the instrument in the Māori land register; and

(b)

may instead record the instrument only after obtaining under section 157

(i)

satisfactory evidence that the disposition complies; or

(ii)

an order that the disposition complies; but

(c)

must not finally refuse to record the instrument unless he or she obtains an order that the disposition does not comply.

155 Registering dispositions under Land Transfer Act 1952

(1)

This section provides for registration under the Land Transfer Act 1952 of an instrument executed by the parties to make a disposition of Māori freehold land, whether the disposition is of all or part of a parcel or of an individual freehold interest.

(2)

The Registrar-General may register the instrument only if the instrument has been recorded in the Māori land register or is recorded in the Māori land register at the same time.

(3)

If the instrument has been recorded in the Māori land register, the Registrar-General may treat the instrument as complying with the requirements prescribed by regulations for an instrument to be recorded in the Māori land register.

(4)

To avoid doubt, the registration of any instrument is subject to the provisions of the Land Transfer Act 1952 (for example, section 43 of that Act, which applies if a lodged instrument is not in order for registration, and section 164 of that Act, which requires the correctness of an instrument to be certified).

156 Disposition must comply with certain other enactments

(1)

Any requirements in the following enactments that apply to a disposition restricted by Parts 1 to 9 must be satisfied in addition to the requirements in Parts 1 to 9:

(a)

Part 2 of the Maori Affairs Restructuring Act 1989:

(b)

Maori Reserved Land Act 1955.

(2)

This section does not exclude any other enactment from also applying to a disposition (for example, the Property Law Act 2007 or the Land Transfer Act 1952).

Example

A parcel of Māori freehold land is subject to Part 2 of the Maori Affairs Restructuring Act 1989. A sale of the land must comply with section 19(5) of that Act (which requires the chief executive’s consent to an alienation) in addition to the requirements of section 113 of Parts 1 to 9.

157 Evidence and orders about compliance with enactments before instruments recorded

(1)

The chief executive may request evidence or apply for an order under this section for the purposes of section 154(3).

(2)

The chief executive may request from the parties to a disposition evidence that the disposition complies with the requirements of 1 or more enactments specified by the chief executive.

(3)

The court may, on application by the chief executive, make an order as to whether a disposition complies with the requirements of 1 or more enactments specified in the application.

(4)

The chief executive must not make an application without first requesting evidence of compliance from the parties and including in the application any evidence about compliance provided by the parties.

158 Orders about compliance with enactments after instruments recorded

(1)

The court may, on application, make an order as to whether a disposition whose instrument has been recorded in the Māori land register complied with the requirements of 1 or more enactments specified in the application.

(2)

The application may be made by any person with an interest in the matter.

(3)

The application may be made within 3 months after the day on which the instrument was recorded.

(4)

If the court makes an order that the disposition did not comply,—

(a)

the court may also do anything under section 324(1) to (4) as if it applied to the court (not only to the Chief Judge) and to any mistake or omission about compliance; and

(b)

sections 327(4) and (6) and 328 apply with any necessary modifications.

(5)

To avoid doubt, if the court made an order of confirmation or other order for the disposition, the person may at any time apply for an order to be made under section 324 (which relates to erroneous court orders).

159 Orders of confirmation for dispositions

(1)

The court may, on application, make an order of confirmation that a disposition that involves Māori freehold land complies with the requirements of Parts 1 to 9.

(2)

The order may also confirm or include any other matter provided for by another provision of Parts 1 to 9 or prescribed by regulations.

(3)

An application may be made by a party to any disposition that involves Māori freehold land (whether or not the disposition requires an order of confirmation under Parts 1 to 9).

(4)

If any land changes status when the disposition takes effect, the order of confirmation must state this.

(5)

The court may make the order of confirmation conditional on the satisfaction of any specified conditions (see section 423), such as a condition agreed by the parties to the disposition that one party pays compensation to another party.

(6)

If any land affected by the disposition is subject to a charge imposed by an order of the court, the court’s order of confirmation may vary the charge in any manner it thinks fair and equitable to the owners.

(7)

If regulations made under section 340(1)(g) apply any requirement for certification under another enactment, and an order confirms or includes any such matter as required by the regulations, those requirements for certification under the other enactment must be treated as being satisfied.

160 Determinations about dispositions by court

(1)

The court may make an order determining any question or dispute about whether a disposition is a disposition of a type to which a particular section of this Part applies.

(2)

The court may make the order—

(a)

on its own initiative in any proceedings; or

(b)

on application by a party to the disposition.

161 Certain matters registrable despite caveat

(1)

This section applies if—

(a)

a parcel of Māori freehold land is subject to a caveat against dealings under the Land Transfer Act 1952; and

(b)

the caveat was lodged to protect a person’s individual freehold interest in the land, including an equitable interest in the individual freehold interest; and

(c)

the person is not a registered proprietor of the fee simple estate in the land.

(2)

The caveat does not prevent the Registrar-General from registering—

(a)

any disposition of the parcel that is made in compliance with the requirements of Parts 1 to 9 and any other enactment; or

(b)

any disposition of an individual freehold interest other than the person’s individual freehold interest; or

(c)

a governance body as the registered proprietor of the land; or

(d)

the beneficial owners of the land as the registered proprietors of the land if it stops being managed under a governance agreement; or

(e)

a tupuna as the registered proprietor of the land under section 306; or

(f)

a vesting of any of the land that is done by Parts 1 to 9; or

(g)

any order made by the Māori Land Court, the Māori Appellate Court, the Chief Judge acting under section 324, or a Registrar.

162 Application of Part 3 of Property Law Act 2007 to mortgage of Māori freehold land

(1)

The provisions of Part 3 of the Property Law Act 2007 (the PLA) apply to a mortgage of Māori freehold land as modified by this section and with any other necessary modifications.

(2)

An application under the following provisions of the PLA must be made to, and dealt with by, the Māori Land Court:

(a)

section 107 (relating to an order directing the sale of mortgaged property):

(b)

section 137(1)(c) (relating to an order for possession of land or goods):

(c)

section 170 (relating to an order consenting to a mortgagee’s withdrawal from possession):

(d)

section 171 (relating to an order directing a mortgagee’s withdrawal from possession):

(e)

section 180 (relating to an order conferring a power of sale that treats mines or minerals separately from land).

(3)

The Māori Land Court, but no other court, may discharge the mortgage under sections 109(1), 110, and 111 of the PLA.

(4)

The Māori Trustee, instead of Public Trust, may discharge the mortgage under sections 109(1) and 112 of the PLA.

(5)

Sections 125 and 126 of the PLA do not apply to the mortgage.

(6)

The power of a mortgagee in possession to enter into a lease under section 142 of the PLA, and any lease entered into, are subject to section 141 of Parts 1 to 9.

(7)

A mortgagee or other person required to prepare a report under section 162 or 163 of the PLA must, under section 165 of the PLA, also send a copy of the report to the following within 5 working days after preparing it:

(a)

the chief executive; and

(b)

a Registrar of the Māori Land Court.

(8)

If the Registrar of the High Court executes a transfer instrument under section 196(3) of the PLA, he or she must provide a copy of it to the chief executive.

(9)

Section 205 of the PLA also applies to a governance body to whom mortgaged land is transferred, assigned, or transmitted and limits liability to the extent of the assets held by the body that are available for meeting the obligations under the mortgage.

(10)

Mortgaged land cannot be subdivided under the implied power in clause 14 of Part 1 of Schedule 2 of the PLA unless the land is partitioned in accordance with Parts 1 to 9.

Gift by will of entitlements arising from ownership

163 Gift by will of entitlements arising from ownership

(1)

This section applies to the disposition by will of a parcel of Māori freehold land or an individual freehold interest in Māori freehold land.

(2)

The owner may make the disposition subject to a gift to the owner’s spouse, civil union partner, or de facto partner of the right to receive any income or discretionary grants from the land or interest—

(a)

for a specified period; or

(b)

for the life of the spouse or partner.

(3)

The right—

(a)

entitles the surviving spouse, civil union partner, or de facto partner to receive the income or discretionary grants to the exclusion of all others who have recorded interests; and

(b)

continues until—

(i)

the end of the specified period or the death of the spouse or partner; or

(ii)

the spouse or partner relinquishes the right in writing; and

(c)

does not commence if the spouse or partner declines the gift, in writing, before receiving any income or discretionary grants.

(4)

The person who receives the disposition of the land or interest—

(a)

is the owner of the land or interest; and

(b)

is entitled to receive the income or discretionary grants when the spouse’s or partner’s right ends.

(5)

The spouse or partner cannot dispose of the right.

(6)

The gift of the right does not confer on the spouse or partner an ownership interest in the land.

Part 5 Authority to act in relation to Māori freehold land

Subpart 1—Governance bodies

164 Overview of provisions relating to governance bodies

(1)

This subpart

(a)

provides for owners of Māori freehold land to appoint a governance body to manage the land on their behalf under a governance agreement; and

(b)

includes provisions relating to the registration of governance agreements, the transfer of assets and liabilities to governance bodies when they are appointed, quorum and eligibility requirements for kaitiaki of certain governance bodies, and how governance agreements are cancelled.

(2)

A governance body, whether it is a body corporate, the trustees of a trust, or a statutory office holder, is managed by its kaitiaki, being the persons who occupy a position in the body that is comparable with that of a director of a company.

(3)

The types of governance body that may be appointed are set out in section 168. The key difference between the types of governance body is the extent to which owners or the court have a role to play in the appointment of kaitiaki, as follows:

(a)

if the governance body is a rangatōpū, kaitiaki appointments must be approved by the owners (see clauses 5, 9, 14, and 18 of Schedule 3):

(b)

if the governance body is a rangatōpū, a Māori incorporation, or the trustees of an ahu whenua trust or a whenua tōpū trust,—

(i)

the owners will have direct involvement in the process for appointing a kaitiaki in the event of a vacancy (see clause 5 of Schedule 4); and

(ii)

kaitiaki appointments may be reviewed by the court (see sections 198 and 199):

(c)

if the governance body is a representative entity, kaitiaki appointments are not controlled solely by the owners of the Māori freehold land managed under the governance agreement, and the court has no power to review kaitiaki appointments under Parts 1 to 9 (this is because a representative entity represents the entire hapū or iwi that is associated with that land, and it will have functions and responsibilities in respect of the hapū or iwi that are independent of any governance agreement it may enter into):

(d)

if the governance body is an existing statutory body, neither the owners of the land nor the court are involved in kaitiaki appointments (this is because an existing statutory body will have statutory functions and responsibilities that are independent of any governance agreement it may enter into).

(4)

In all cases, the owners of the land have a degree of control over the terms on which the governance body will manage their Māori freehold land and other assets, as follows:

(a)

the owners approve the governance agreement when a governance body is first appointed and if it changes form or amalgamates (see clauses 6, 10, 15, and 19 of Schedule 3); and

(b)

the governance agreement may specify a process for amending the agreement; if no process is specified, the default process described in clause 11 of Schedule 4 applies, which requires, for certain substantive amendments, the approval of the owners who together hold 75% or more of the participating owners’ total share in the land.

(5)

Other provisions relating to governance bodies are located in Parts 1 to 9 as follows:

(a)

in clauses 2 to 18 of Schedule 1, transitional provisions for Māori incorporations and certain ahu whenua trusts and whenua tōpū trusts, which continue to exist and are governance bodies under Parts 1 to 9:

(b)

in Schedule 3, provisions relating to appointment and other processes for governance bodies, and registration requirements for governance agreements:

(c)

in Schedule 4, form and content requirements for governance agreements:

(d)

in Part 6, provisions relating to the operation of governance bodies, including powers, duties, and responsibilities of governance bodies and kaitiaki, restrictions on a governance body changing its holdings of Māori freehold land, and provisions regulating how assets are distributed if a governance agreement is to be cancelled or if some owners decide to remove their land from the management of a governance body.

(6)

This section is only a guide to the general scheme and effect of the provisions of Parts 1 to 9 that relate to governance bodies.

165 Function and purpose of governance bodies

(1)

A governance body—

(a)

manages, under each governance agreement that it enters into, an asset base that—

(i)

comprises or includes the Māori freehold land that the body is authorised to manage on behalf of its owners; and

(ii)

may include other assets and liabilities that vest in the body under section 180 on the registration of the agreement or are acquired by the body in its operations under the agreement; and

(b)

holds the asset base on trust for the owners of the Māori freehold land that is within the asset base, in proportion to the owners’ relative interests in that land; and

(c)

has the powers, duties, and responsibilities that are set out in section 214.

(2)

A governance body acting in accordance with its powers and its governance agreement and in compliance with Parts 1 to 9 or any other Act is not acting in breach of trust.

166 Rights of owners of Māori freehold land managed under governance agreement

(1)

A governance body is the legal owner of the asset base that it manages under a governance agreement.

(2)

An owner of Māori freehold land managed under a governance agreement—

(a)

retains beneficial ownership, but not legal ownership, of the land while it is managed under the agreement; and

(b)

may regain legal ownership of the land only if the governance agreement is cancelled (see section 187); and

(c)

is entitled to receive all or part of his or her relative share of the remainder of the asset base only—

(i)

by way of distribution of profits made by the governance body in accordance with the governance agreement; or

(ii)

in accordance with a distribution scheme confirmed by the court under section 233 or 237.

(3)

This section does not prevent an owner of Māori freehold land managed under a governance agreement from receiving a benefit or payment in the nature of an award, a subsidy, a grant, or a scholarship provided by the governance body.

Appointing a governance body for Māori freehold land

167 Who may appoint a governance body

(1)

The owners of 1 or more parcels of Māori freehold land may appoint a governance body for those parcels (whether or not the parcels have the same owners).

(2)

However, a governance body may not be appointed for a parcel that—

(a)

has been reserved as a whenua tāpui; or

(b)

is held by joint tenants; or

(c)

is held by a sole owner, unless the body is also appointed for at least 1 other parcel of Māori freehold land.

Examples
Example 1

2 parcels of Māori freehold land are owned by 10 people as tenants in common. They all have shares in both parcels. The owners may appoint a governance body for both parcels of land. They may also appoint a governance body for just 1 of the parcels.

Example 2

2 parcels of Māori freehold land are each solely owned by 2 different people. The 2 owners may appoint a governance body for both parcels of land. However, neither of them may appoint a governance body just for his or her own separate parcel.

168 Who may be appointed as governance body

(1)

Any of the following may be appointed as a governance body for Māori freehold land:

(a)

a Māori incorporation, if the incorporation is an existing governance body under clause 2 of Schedule 1:

(b)

the trustees of an ahu whenua trust or a whenua tōpū trust, if the trustees are an existing governance body under clause 12 of Schedule 1:

(c)

a new rangatōpū, being a rangatōpū established by the owners of the Māori freehold land that the rangatōpū is to manage, which may be any of the following:

(i)

an existing entity that is registered as a body corporate under any enactment (in which case the rangatōpū must be established in the form of a body corporate):

(ii)

the trustees of a private trust that is already established under an existing trust deed (in which case the rangatōpū may be established in the form of a private trust or a body corporate):

(iii)

a new entity (in which case the rangatōpū may be established in the form of a private trust or a body corporate):

(d)

an existing rangatōpū, being a rangatōpū that is already managing other Māori freehold land under a registered governance agreement:

(e)

an existing statutory body:

(f)

a representative entity.

(2)

However, a governance body that is a rangatōpū, a Māori incorporation, or the trustees of an ahu whenua trust or a whenua tōpū trust—

(a)

must not be a party to more than 1 registered governance agreement; but

(b)

may, if the governance body is already managing Māori freehold land under a registered governance agreement, be appointed to manage additional Māori freehold land under a new governance agreement that is approved by the owners of all the Māori freehold land that the governance body is to manage (see clauses 8 to 11 of Schedule 3).

(3)

In this section,—

existing statutory body means any of the following as established by or under an Act:

(a)

a Māori Trust Board (as defined in section 2(1) of the Maori Trust Boards Act 1955):

(b)

the Māori Trustee:

(c)

Public Trust:

(d)

a trustee company

representative entity, in relation to a parcel of Māori freehold land, means an entity that—

(a)

represents a hapū or an iwi associated with the land in accordance with tikanga Māori; and

(b)

is recognised by the owners of the land as having authority to represent the hapū or iwi.

169 Process for appointing governance body

(1)

The process for appointing a governance body is set out in Part 1 of Schedule 3.

(2)

The appointment of the governance body and, if applicable, the establishment of a rangatōpū take effect when the governance agreement is registered under section 174.

170 Governance bodies continue to be subject to other law

(1)

In addition to complying with Parts 1 to 9,—

(a)

a governance body that is registered or incorporated under, or established by or under, another enactment must comply with that other enactment; and

(b)

a governance body that is comprised of the trustees of an ahu whenua trust, a whenua tōpū trust, or a private trust must comply with any rule of law or equity that applies to them as trustees.

(2)

However, subsection (1)(a) or (b) applies only to the extent that the other enactment or rule of law or equity is not inconsistent with Parts 1 to 9.

Certain governance bodies may become rangatōpū

171 Governance bodies that are Māori incorporations or trusts may become rangatōpū

(1)

The following governance bodies may become a rangatōpū:

(a)

a Māori incorporation:

(b)

the trustees of an ahu whenua trust or a whenua tōpū trust.

(2)

The process for becoming a rangatōpū is set out in Part 2 of Schedule 3.

(3)

The establishment of the rangatōpū takes effect when the replacement governance agreement is registered under section 174.

(4)

See section 185 for tax matters relating to a governance body that becomes a rangatōpū under this section.

Certain governance bodies may amalgamate

172 Certain governance bodies may amalgamate

(1)

Any 2 or more governance bodies of any of the following kinds may amalgamate to form a rangatōpū:

(a)

rangatōpū:

(b)

Māori incorporations:

(c)

the trustees of ahu whenua trusts.

(2)

The process for amalgamating governance bodies is set out in Part 3 of Schedule 3.

(3)

The amalgamation of governance bodies and the establishment of the amalgamated governance body as a rangatōpū take effect when the amalgamated governance agreement is registered under section 174.

Registering governance agreements

173 Application to register governance agreement

(1)

To finalise its appointment as a governance body for Māori freehold land, a governance body or proposed governance body must apply to the chief executive to register a governance agreement for the land.

(2)

A governance body that is a party to a registered governance agreement—

(a)

may at any time amend the agreement and apply to the chief executive to register the updated version in place of the registered governance agreement; and

(b)

must apply to the chief executive to register an updated agreement in place of the registered agreement if there is a change in the Māori freehold land managed by the body under the agreement, including a change to boundaries or legal description (see sections 218 to 220 and 237 to 239).

(3)

An application to register a governance agreement must satisfy the requirements of Part 4 of Schedule 3.

174 Registration of governance agreement

(1)

This section applies if the chief executive—

(a)

receives an application to register a governance agreement (whether it is a new agreement or an updated or replacement agreement); and

(b)

does not reject the application under section 176.

(2)

The chief executive must, within the time frame specified in subsection (3),—

(a)

register the governance agreement by issuing a governance certificate; and

(b)

if the application is made by the kaitiaki of a proposed rangatōpū (being a rangatōpū that is not yet registered as a rangatōpū),—

(i)

register the rangatōpū by issuing a rangatōpū certificate; and

(ii)

if the rangatōpū is an amalgamation of 2 or more governance bodies (see section 172), cancel the governance certificates and rangatōpū certificates (if applicable) of the amalgamating governance bodies; and

(c)

make any necessary changes to the Māori land register; and

(d)

if any land will vest in the governance body under section 180, send to the Registrar-General—

(i)

a copy of the governance certificate; and

(ii)

details of the land; and

(iii)

details of any governance certificates cancelled under paragraph (b)(ii).

(3)

The chief executive must act under this section as soon as practicable, but not later than 1 month, after whichever of the following occurs last:

(a)

receipt of the application to register the governance agreement:

(b)

if the governance agreement gives effect to a decision that may be reviewed under section 200,—

(i)

the expiry of the period specified in section 200(3), if no application for review is made during that period; or

(ii)

if an application is made under that section to review the decision, the conclusion of the review:

(c)

if section 175 applies (because there are simultaneous applications to register different governance agreements that relate to the same parcel of Māori freehold land), the conclusion of the simultaneous applications process set out in that section.

175 Process for dealing with simultaneous applications

(1)

This section applies if the chief executive receives simultaneous applications to register a governance agreement for a parcel of Māori freehold land.

(2)

The chief executive must, within 1 month after receiving the last of the simultaneous applications,—

(a)

arrange a meeting of the owners of the land in accordance with the process set out in clause 11(3) and (4) of Schedule 2, which applies as if the proposal to be considered were the question of which of the simultaneous applications should prevail; and

(b)

at the meeting,—

(i)

advise the owners that the chief executive has received simultaneous applications to register a governance agreement for the land; and

(ii)

invite each applicant to address the meeting and to present information in support of their application; and

(iii)

conduct a vote, in accordance with clause 13(1) and (2) of Schedule 2, on the question of which application should prevail.

(3)

If the vote satisfies the participation thresholds set out in section 57(1), the preferred application is the one that receives votes that represent the greatest share of the parcel of Māori freehold land.

(4)

The chief executive must—

(a)

notify the results of the vote in accordance with clause 14 of Schedule 2; and

(b)

reject, under section 176, each simultaneous application that is not the preferred application.

(5)

An application to register a governance agreement for a parcel of Māori freehold land (agreement A) is simultaneous with an application to register another governance agreement for the same parcel of Māori freehold land (agreement B) if—

(a)

the application to register agreement A is received before agreement B is registered; and

(b)

neither application is rejected under section 176.

176 Grounds for rejecting application for registration of governance agreement

(1)

The chief executive must reject an application to register a governance agreement if—

(a)

the proposed governance body is not eligible to be a governance body (see section 168); or

(b)

the application—

(i)

does not satisfy the requirements of Part 4 of Schedule 3; or

(ii)

is a simultaneous application, within the meaning of section 175, that is not the preferred application under that section; or

(c)

the Māori freehold land to be managed under the agreement—

(i)

is held by a sole owner or by joint tenants; or

(ii)

is reserved as a whenua tāpui; or

(iii)

is already managed under a registered governance agreement (and the proposed agreement is not an updated or replacement agreement); or

(d)

in the case of an application made by a rangatōpū, a Māori incorporation, or the trustees of an ahu whenua trust or a whenua tōpū trust, the registration of the agreement would result in the governance body being party to more than 1 registered governance agreement; or

(e)

in the case of an application made by a proposed rangatōpū,—

(i)

there is already a rangatōpū registered under the name proposed in the application; or

(ii)

the chief executive considers that the proposed name would cause confusion with a similarly named rangatōpū, Māori incorporation, ahu whenua trust, whenua tōpū trust, company, or other entity; or

(iii)

the chief executive considers that the use of the proposed name would contravene an enactment; or

(iv)

the chief executive considers that the proposed name is offensive; or

(v)

the rangatōpū, if it were registered, would not comply with section 196 (which sets out requirements for kaitiaki of certain governance bodies).

(2)

If subsection (1) applies, the chief executive must promptly give the applicant written notice of the rejection and the reason for it.

(3)

If the chief executive rejects an application, the applicant may reapply at any time.

177 When registration of rangatōpū creates separate legal personality

(1)

This section applies if—

(a)

the chief executive issues a rangatōpū certificate; and

(b)

the certificate specifies that the rangatōpū is a body corporate; and

(c)

before the certificate is issued, the rangatōpū is not already a body corporate registered or incorporated under another enactment.

(2)

On the issue of the certificate, the rangatōpū named in the certificate—

(a)

becomes a body corporate, with perpetual succession, under the name specified in the certificate; and

(b)

may do anything that a natural person of full age and capacity may do, except as provided for in Parts 1 to 9 or any other enactment.

178 Certificates are conclusive evidence of registration

(1)

A governance certificate is conclusive evidence that the governance agreement referred to in the certificate is registered under Parts 1 to 9.

(2)

A rangatōpū certificate is conclusive evidence that the rangatōpū named in the certificate is a registered rangatōpū under Parts 1 to 9.

179 Registered governance agreement has legal effect

(1)

A registered governance agreement has effect according to its terms.

(2)

However, a provision of a governance agreement has no effect if it is inconsistent with Parts 1 to 9 or any other enactment.

Establishment of asset base

180 Asset base vests in governance body on registration of governance agreement

(1)

This section applies to Māori freehold land, other land, and other assets and liabilities that—

(a)

are intended to vest in a governance body on the registration of a governance agreement; and

(b)

are identified for that purpose in an application made under section 173.

(2)

On the registration of the governance agreement,—

(a)

the fee simple estate in the Māori freehold land and the other land vests in the body; and

(b)

the other assets and liabilities vest in the body.

(3)

The vesting applies only to the extent that the land, assets, and liabilities are, immediately before the agreement is registered, held by—

(a)

the owners of the Māori freehold land to be managed under the agreement; or

(b)

if the governance body is a rangatōpū formed by an amalgamation of other governance bodies (see section 172), one of the amalgamating governance bodies; or

(c)

if the governance body is directly replacing another governance body (see section 172 or 188), the governance body that is being replaced.

(4)

To avoid doubt, anything that is referred to in subsection (1), and that is not, immediately before the governance agreement is registered, held by the owners of the land, an amalgamating governance body, or a governance body being replaced,—

(a)

does not vest in a governance body under this section; and

(b)

will become part of the asset base managed under the governance agreement only if it is transferred to the governance body in some other way after the governance agreement is registered.

(5)

The vesting takes effect—

(a)

without any further authority than this section; and

(b)

without any conveyance, transfer, or other instrument of assurance; and

(c)

together with all rights and remedies (if any) that the owners or former governance body had in respect of the land or assets immediately before the vesting; but

(d)

subject to or together with any lease, licence, mortgage, easement, or other interest that affected the land or assets immediately before the vesting.

(6)

The vesting of Māori freehold land in a governance body under this section does not affect the beneficial interests in the freehold estate in the land.

181 Registrar-General to record change of ownership of land

The Registrar-General must, as soon as practicable after receiving from the chief executive under section 174(2)(d) details of land that vests in a governance body under section 180,—

(a)

register the governance body as the proprietor of the fee simple estate in the land; and

(b)

record any entry on the computer freehold register and do anything else necessary to give effect to the vesting of the land in the governance body.

182 Status of contracts and other instruments

(1)

This section applies to a contract, agreement, conveyance, deed, lease, licence, undertaking, notice, or other instrument that—

(a)

relates to an asset or a liability that vests in a governance body under section 180; and

(b)

is entered into by, made with, given to or by, or addressed to a person who holds an interest in the asset or liability referred to in paragraph (a); and

(c)

is in effect immediately before the vesting.

(2)

The instrument is binding on, and enforceable by, against, or in favour of, the governance body as if the instrument had been entered into by, made with, given to or by, or addressed to or by the governance body and not the person referred to in subsection (1)(b).

183 Status of existing securities

(1)

This section applies to a security that a person holds as security for a debt or other liability to the person that is incurred before the debt or liability vests in a governance body under section 180.

(2)

The security—

(a)

is available to the governance body as security for the discharge of the debt or liability; and

(b)

if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to the governance body incurred on or after the vesting.

184 Matters not affected by vesting under section 180

(1)

This section sets out matters not affected by the vesting of assets and liabilities in a governance body under section 180.

(2)

The vesting does not, of itself,—

(a)

place a governance body or any other person or body in breach of a contract or confidence, or make the body or person guilty of a civil wrong; or

(b)

give rise to a right for any person to terminate or cancel any contract or arrangement, to accelerate the performance of an obligation, to impose a penalty, or to increase a charge; or

(c)

place a governance body or any other person or body in breach of an enactment, a rule of law, or a contract that prohibits, restricts, or regulates the assignment or transfer of an asset or a liability or the disclosure of information; or

(d)

release a surety, wholly or in part, from an obligation; or

(e)

invalidate or discharge a contract.

(3)

Except as required by section 181, the vesting does not, of itself, require a person who is responsible for keeping books or registers to change the name of a person to the name of a governance body in the books or registers or in a document.

(4)

A document, matter, or thing that would have been admissible in evidence for or against a person who held an interest in the assets or liabilities before the vesting is, on and after the vesting, admissible in evidence for or against the governance body.

(5)

In subsection (4), document has the meaning given by section 4(1) of the Evidence Act 2006.

185 Tax matters for Māori incorporations and trusts that become rangatōpū

(1)

This section applies, for the purpose of the Inland Revenue Acts, if—

(a)

a rangatōpū is established to replace a Māori incorporation or the trustees of an ahu whenua or whenua tōpū trust (the original governance body) under section 171; and

(b)

the assets and liabilities of the original governance body vest in the rangatōpū under section 180.

(2)

If this section applies,—

(a)

the rangatōpū is deemed to be the same person as the original governance body; and

(b)

everything done by the original governance body before the assets and liabilities vest in the rangatōpū and the voting interests and market value interests become those of the rangatōpū is deemed to have been done by the rangatōpū on the date on which it was done by the original governance body; and

(c)

income derived or expenditure incurred by the original governance body before the assets and liabilities vest in the rangatōpū does not become income derived or expenditure incurred by the rangatōpū just because the assets and liabilities are vested in the rangatōpū.

(3)

The establishment of the rangatōpū and the vesting of assets and liabilities in the rangatōpū does not interrupt any voting interests and market value interests—

(a)

of any subsidiaries beneficially owned by the original governance body; or

(b)

of the rangatōpū in relation to its use of tax losses of the original governance body.

(4)

In this section,—

(a)

Inland Revenue Acts has the meaning given to it by section 3(1) of the Tax Administration Act 1994; and

(b)

terms used that are not defined in this Act but are defined in the Inland Revenue Acts have the meanings given to them by those Acts.

Revoking governance body appointments

186 Owners of Māori freehold land may revoke governance body’s appointment for that land

(1)

The owners of a parcel of Māori freehold land that is managed under a governance agreement may revoke the governance body’s appointment in respect of that parcel.

(2)

A decision to revoke an appointment must—

(a)

be proposed by—

(i)

at least 15 owners of the parcel of land who together hold at least 5% of the beneficial interest in the freehold estate in the parcel; or

(ii)

if the parcel has more than 10 but not more than 14 owners, at least 11 owners who together hold at least 5% of the beneficial interest in the freehold estate in the parcel; or

(iii)

if the parcel has 10 or fewer owners, all of the owners; and

(b)

be agreed to by owners of the parcel who together hold 75% or more of the participating owners’ total share in the parcel.

(3)

If the revocation relates to all of the Māori freehold land managed under the agreement, the revocation starts the process of cancelling the governance agreement (see section 187).

(4)

If the revocation relates to only some of the parcels of Māori freehold land managed under the agreement, the governance body must prepare a partial distribution scheme (see sections 237 to 239).

Cancelling governance agreements

187 Ways to start cancellation of governance agreement

(1)

Any of the following events starts the process of cancelling a governance agreement:

(a)

the owners of all of the Māori freehold land managed under the agreement decide, in accordance with section 186, to revoke the body’s appointment in respect of the land (whether or not another governance body is to be appointed for the land):

(b)

the governance body decides to cancel the agreement:

(c)

the governance body decides to amalgamate with 1 or more other governance bodies to form a rangatōpū (if this is permitted by section 172):

(d)

the court makes an order under subsection (2):

(e)

the governance body that is a party to the agreement,—

(i)

in the case of an existing statutory body, is disestablished by or under an Act; or

(ii)

in the case of a representative entity, is wound up:

(f)

in the case of a rangatōpū that is a body corporate whose status as a body corporate derives from registration or incorporation under another enactment, rather than under section 177, the body ceases to be registered or incorporated as a body corporate under that other enactment.

(2)

The court may make an order to start the process of cancelling a governance agreement if the court is satisfied, in respect of the governance body that is party to the agreement, that—

(a)

the body is insolvent; or

(b)

the body has failed to comply with a statutory duty or obligation; or

(c)

the continuing appointment of the body will materially prejudice the owners of the Māori freehold land managed under the agreement.

(3)

At the same time as making an order under subsection (2), the court may appoint a kaiwhakahaere under section 201 to oversee the governance body’s preparation and implementation of a full distribution scheme under section 233.

(4)

The Registrar must send a copy of any order made under subsection (2) to the governance body and the chief executive.

(5)

In this section, insolvent means that the governance body is unable to pay its debts as they become due.

188 Cancellation of governance agreement when governance body replaced

(1)

This section applies if—

(a)

the process of cancelling a governance agreement is started as described in section 187(1)(a) (revocation of governance body’s appointment); and

(b)

the asset base managed under the agreement (the first agreement) is to be transferred directly to another governance body or proposed governance body and managed under another governance agreement (the second agreement).

(2)

The outgoing governance body must provide to the incoming governance body—

(a)

sufficient details about the asset base managed under the first agreement to—

(i)

enable the incoming governance body to comply with clause 22 of Schedule 3 (which sets out the general requirements for an application to register a governance agreement); and

(ii)

ensure that the asset base will vest in the incoming governance body when the second agreement is registered (see section 180); and

(b)

for each unpaid distribution held by the outgoing governance body, the unpaid distribution details.

(3)

When the second agreement is registered,—

(a)

the first agreement is cancelled; and

(b)

if the outgoing governance body is a Māori incorporation, or the trustees of an ahu whenua trust or a whenua tōpū trust, the chief executive must apply to the court for an order winding up the incorporation or trust.

189 Cancellation of governance agreements when governance bodies amalgamate

(1)

This section applies if the process of cancelling a governance agreement is started as described in section 187(1)(c) (amalgamation of governance bodies).

(2)

The governance agreement of each amalgamating governance body is cancelled immediately after the amalgamated governance agreement is registered in its place.

190 Cancellation of governance agreement in other circumstances

(1)

This section applies if—

(a)

the process of cancelling a governance agreement is started as described in section 187; and

(b)

sections 188 and 189 do not apply.

(2)

The agreement is cancelled when the court issues an order under section 239(3) cancelling the agreement (on being satisfied that a full distribution scheme has been implemented).

(3)

Until the agreement is cancelled, any transaction or dealing by or on behalf of the governance body that incurs an obligation, a debt, or a liability in relation to the asset base is void unless the transaction or dealing was entered into—

(a)

on the governance body’s behalf by the kaiwhakahaere appointed under section 201 to oversee the preparation and implementation of the distribution scheme; or

(b)

by the governance body with the prior written consent of the kaiwhakahaere appointed to oversee the preparation and implementation of the distribution scheme; or

(c)

under an order of the court.

(4)

Subsection (3) does not apply to a payment made by a registered bank if—

(a)

the payment is made out of an account kept by the governance body with the bank; and

(b)

the payment is made in good faith and in the ordinary course of the bank’s banking business; and

(c)

the payment is made before either of the following occurs:

(i)

the bank has reason to believe that the process of cancelling the governance agreement has started:

(ii)

the bank is notified by the kaiwhakahaere, in writing, that the process of cancelling the governance agreement has started.

(5)

The court may validate a transaction or dealing that is void under subsection (3).

191 Liability of kaitiaki for compensation for void transaction or dealing

(1)

This section applies if a court is satisfied that a kaitiaki—

(a)

purported, on behalf of a governance body, to enter into a transaction or dealing that is void under section 190(3); or

(b)

was in any other way knowingly concerned in, or party to, the void transaction or dealing, whether—

(i)

by act or omission; or

(ii)

directly or indirectly.

(2)

The court may order the kaitiaki to compensate any person, including the governance body, that has suffered loss as a result of the act or omission.

Compare: 1993 No 105 s 239AA

192 Cancelling governance certificates

As soon as practicable after a governance agreement is cancelled, the chief executive must—

(a)

cancel the governance certificate; and

(b)

make any necessary changes to the Māori land register; and

(c)

send to the Registrar-General a copy of the order and notification in writing that the governance certificate is cancelled.

193 Revesting of Māori freehold land vests on cancellation of governance certificate

(1)

If the Māori freehold land managed under a cancelled governance agreement is to be transferred directly to another governance body and managed under another governance agreement (see section 188),—

(a)

on the registration of the other governance agreement, the Māori freehold land, and any other land and other assets and liabilities that are to transfer to the other governance body, will vest in that other governance body under section 180; and

(b)

the Registrar-General must comply with section 181 (which requires the Registrar-General to register the change of ownership of land).

(2)

If subsection (1) does not apply,—

(a)

on the cancellation of the governance certificate, the Māori freehold land managed under the cancelled governance agreement vests in the beneficial owners of the land (the remainder of the asset base will have already been distributed under section 239 in the course of implementing a full distribution scheme); and

(b)

as soon as practicable after being notified under this section that the governance certificate is cancelled, the Registrar-General must—

(i)

register the beneficial owners of the Māori freehold land managed under the cancelled agreement as the proprietors of the fee simple estate in the land; and

(ii)

record any entry on the computer freehold register and do anything else necessary to give effect to the vesting of land that is within the governance body’s asset base in the owners.

(3)

Sections 182 to 184 apply, with any necessary modifications, to the vesting of assets and liabilities in the owners of Māori freehold land under subsection (2)(a).

194 Liability of kaitiaki to continue

The cancellation of a governance certificate does not affect the liability of any kaitiaki of the body or any other person in respect of any act or omission that took place before the certificate was cancelled, and that liability continues and may be enforced as if the certificate had not been cancelled.

Compare: 1993 No 105 s 326

Cancelling rangatōpū registration

195 Cancelling rangatōpū registration

The chief executive must cancel a rangatōpū certificate if the chief executive is satisfied that the rangatōpū—

(a)

has been wound up; or

(b)

is no longer party to a registered governance agreement; or

(c)

has amalgamated with 1 or more other governance bodies to form a new rangatōpū (see section 172).

Kaitiaki requirements for certain governance bodies

196 Kaitiaki: quorum and eligibility

(1)

This section applies to a governance body only if it is—

(a)

a rangatōpū; or

(b)

a Māori incorporation; or

(c)

the trustees of an ahu whenua trust or a whenua tōpū trust, unless the trustee is an existing statutory body.

(2)

The governance body must at all times have—

(a)

at least 3 kaitiaki who are eligible under this section to hold that position; and

(b)

a majority of kaitiaki who are ordinarily resident in New Zealand (within the meaning of section 207D(3) of the Companies Act 1993).

(3)

A person is eligible to be a kaitiaki if—

(a)

the person is a natural person who is of or over the age of 18 years; and

(b)

none of the disqualifications in subsection (4) apply to the person.

(4)

A person is disqualified from being a kaitiaki if any of the following applies:

Criminal history

(a)

the person has been convicted within the last 5 years of an offence relating to fraud or dishonesty (whether convicted in New Zealand or overseas):

(b)

the person is currently subject to a sentence (within the meaning of section 4(2) of the Sentencing Act 2002) for an offence referred to in paragraph (a):

Personal insolvency

(c)

the person—

(i)

is an undischarged bankrupt; or

(ii)

has made a proposal to creditors for the payment or satisfaction of debts under section 326 of the Insolvency Act 2006, and those debts remain outstanding; or

(iii)

is subject to a summary instalment order made under subpart 3 of Part 5 of the Insolvency Act 2006; or

(iv)

is a debtor who is participating in the no asset procedure under subpart 4 of Part 5 of the Insolvency Act 2006:

Professional incompetence

(d)

the person is disqualified by an order of the court made under section 232(1)(b):

(e)

the High Court has, within the last 5 years, substituted a new trustee for the person under section 51(2)(a) of the Trustee Act 1956 after holding that the person has misconducted himself or herself in the administration of a trust:

(f)

the person is prohibited from being a director or promoter of or being concerned or taking part in the management of a company under section 382, 383, or 385 of the Companies Act 1993:

Personal incapacity

(g)

the person is subject to a compulsory treatment order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992:

(h)

the property, or any part of the property, of the person is the subject of a personal order or a property order made under the Protection of Personal and Property Rights Act 1988:

(i)

the property of the person is the subject of an order made under section 86 (appointment of kaiwhakamarumaru for owners needing protection).

197 Kaitiaki: vacancies in office, suspension from office, validity of acts

(1)

This section applies to a governance body that is any of the following:

(a)

a rangatōpū:

(b)

a Māori incorporation:

(c)

the trustees of an ahu whenua trust or a whenua tōpū trust, unless the trustee is an existing statutory body.

(2)

If a kaitiaki of the governance body is or becomes disqualified from being a kaitiaki, he or she ceases to hold that office, unless subsection (3) applies.

(3)

If a kaitiaki is or becomes disqualified because a property order is made in respect of any part of his or her property (see section 196(4)(h) and (i)),—

(a)

the kaitiaki does not cease to hold office as a kaitiaki of the governance body by virtue only of the making of the order; but

(b)

the kaitiaki is suspended from office while the order remains in force.

(4)

A kaitiaki who is suspended from office under subsection (3)

(a)

is deemed to have been granted leave of absence; and

(b)

is not capable of acting as a kaitiaki of the governance body during the period of suspension.

(5)

The acts of a person as a kaitiaki, and the acts of a governance body of which the person is a kaitiaki, are valid even if—

(a)

the person’s appointment was defective; or

(b)

the person is not qualified for appointment.

Jurisdiction of court

198 Court may investigate kaitiaki appointments for certain governance bodies

(1)

This section applies to a governance body that is any of the following:

(a)

a rangatōpū:

(b)

a Māori incorporation:

(c)

the trustees of an ahu whenua trust or a whenua tōpū trust, unless the trustee is an existing statutory body.

(2)

The court may investigate the validity of a person’s appointment as kaitiaki of the governance body with regard to the appointment process and the person’s eligibility for appointment.

(3)

The court’s jurisdiction under this section may be exercised on the application of—

(a)

at least 15 of the owners of the Māori freehold land that is managed under the governance agreement; or

(b)

the owners who collectively hold at least 5% of the beneficial interest in the freehold estate in the Māori freehold land that is managed under the governance agreement; or

(c)

the governance body.

(4)

After investigating the validity of an appointment, the court may,—

(a)

if the court is satisfied that the appointment is invalid, declare the appointment to be invalid and direct the governance body to commence a new appointment process; or

(b)

if paragraph (a) does not apply, declare the appointment to be valid.

(5)

If the validity of an appointment is investigated under this section, the appointment is presumed to be valid until it has been declared otherwise.

199 Court may appoint kaitiaki for certain governance bodies

(1)

This section applies to a governance body that is any of the following:

(a)

a rangatōpū:

(b)

a Māori incorporation:

(c)

the trustees of an ahu whenua trust or a whenua tōpū trust, unless the trustee is an existing statutory body.

(2)

If the governance body has fewer than 3 kaitiaki, either of the following may apply to the court to appoint as kaitiaki 1 or more persons who are eligible under section 196(3) to hold that position:

(a)

an owner of Māori freehold land managed by the governance body:

(b)

a creditor of the governance body.

(3)

The court may appoint kaitiaki only if the court is satisfied that it is not practicable for kaitiaki to be appointed in accordance with the governance agreement.

(4)

The court may make an appointment subject to any terms and conditions that the court thinks fit.

200 Court may review certain decisions of owners relating to governance bodies

(1)

The owners of a parcel of Māori freehold land may, in accordance with subsections (2) and (3), apply to the court for a review of either of the following decisions:

(a)

a decision made for the purpose of appointing a governance body for the land (being a decision to approve a governance agreement or appoint kaitiaki or a decision referred to in clause 3 or 13 of Schedule 3):

(b)

a decision to revoke the appointment of a governance body for the land.

(2)

An application under this section must be made by—

(a)

at least 15 owners of the parcel of land who together hold at least 5% of the beneficial interest in the freehold estate in the parcel; or

(b)

if the parcel has more than 10 but not more than 14 owners, at least 11 owners who together hold at least 5% of the beneficial interest in the freehold estate in the parcel; or

(c)

if the parcel has 10 or fewer owners, all of the owners.

(3)

The application must be made within 20 working days after the date on which the decision is made.

(4)

The court must confirm the decision unless subsection (5) applies.

(5)

The court must set aside the decision if the court is satisfied that—

(a)

the decision was not made in accordance with Parts 1 to 9 or the governance agreement (as applicable); or

(b)

in the case of the appointment of a kaitiaki, the person appointed is not eligible under section 196(3) to hold that position.

(6)

If the court sets aside a decision, the court—

(a)

may direct that the decision-making process be recommenced; and

(b)

may make any other directions that the court considers necessary to ensure that the requirements of Parts 1 to 9 or a governance agreement are satisfied.

Subpart 2—Kaiwhakahaere

201 Court may appoint kaiwhakahaere

(1)

The court may appoint, in relation to a parcel of Māori freehold land, 1 or more eligible persons as kaiwhakahaere.

(2)

Section 202 specifies the purposes for which a kaiwhakahaere may be appointed.

(3)

Section 205 prescribes the process that the court must follow to appoint a kaiwhakahaere.

(4)

A person is eligible to be appointed as a kaiwhakahaere if—

(a)

the person is—

(i)

the Māori Trustee; or

(ii)

a person who is eligible to be a kaitiaki of a governance body under section 196(3); or

(iii)

the trustee or trustees of a trust, if each trustee would be eligible to be a kaitiaki of a governance body under section 196(3); or

(iv)

a body corporate, if each director of the body, or occupying a position in the body that is comparable with that of a director of a company, would be eligible to be a kaitiaki of a governance body under section 196(3); and

(b)

the court considers that the person is qualified for appointment having regard to the requirements of the particular appointment.

(5)

The appointment of a kaiwhakahaere in relation to a parcel of Māori freehold land does not affect the legal or beneficial ownership of the land.

202 Purposes for which kaiwhakahaere may be appointed

(1)

In relation to Māori freehold land that is managed under a governance agreement, a kaiwhakahaere may be appointed only to oversee the governance body’s preparation and implementation of a full distribution scheme under section 233.

(2)

In relation to Māori freehold land that is not managed under a governance agreement, a kaiwhakahaere may be appointed to be the agent of the owners of the land for 1 or more of the following purposes:

(a)

to carry out a decision of the owners of the land:

(b)

to set or negotiate the terms of a sale of the land under section 113(5)(c):

(c)

to receive and respond to notices on behalf of the owners of the land:

(d)

to protest, appeal, or make representations against any actual or proposed entry on the land, undertaking of works on the land, or acquisition of the land:

(e)

to negotiate the terms of an agreement with a network utility operator (as defined in section 166 of the Resource Management Act 1991) to enter on the land:

(f)

to negotiate the terms of an agreement with the Crown or a local authority—

(i)

for the Crown or local authority to enter on the land or undertake works on the land; or

(ii)

for the settlement of compensation for land taken for a public work:

(g)

to commence, defend, resist, or take part in proceedings relating to the land:

(h)

if the land is leased, to act on behalf of the owners of the land—

(i)

to execute renewals of the lease:

(ii)

if required, to appoint an arbitrator, an umpire, or a valuer:

(iii)

to accept a surrender of the lease:

(iv)

to consent to an assignment, a subletting, or a mortgage, or any other dealing with the lease:

(v)

to enforce the covenants of the lease and to exercise the rights and remedies that the owners would be entitled to exercise under the lease:

(i)

to negotiate the grant, variation, or cancellation of an easement over, or for the benefit of, the land under section 148 or 149:

(j)

to engage lawyers, valuers, engineers, or other professional or technical advisers to assist in carrying out any other purpose for which the kaiwhakahaere is appointed:

(k)

to borrow any money necessary to fulfil the purpose for which the kaiwhakahaere is appointed and to give security, for repayment of that borrowing, over the land or over any proceeds arising from disposal of the land:

(l)

to carry out any other purpose agreed to by owners who together hold 75% or more of the participating owners’ total share in the land.

203 Responsibilities of kaiwhakahaere

(1)

A kaiwhakahaere must endeavour to fulfil the purpose for which the kaiwhakahaere is appointed, while protecting the interests of the owners of the Māori freehold land to which the purpose relates.

(2)

A kaiwhakahaere appointed for a purpose specified in section 202(2) must—

(a)

consult with the owners about actions the kaiwhakahaere proposes to take on the owners’ behalf; and

(b)

keep the owners informed about actions the kaiwhakahaere has taken on the owners’ behalf; and

(c)

keep a written record of actions the kaiwhakahaere has taken on the owners’ behalf; and

(d)

comply with any directions of the owners given under section 209(4)(a), to the extent that the directions are consistent with the obligations of the kaiwhakahaere under Parts 1 to 9 and the order of appointment.

204 Powers of kaiwhakahaere

(1)

A kaiwhakahaere has all of the powers necessary to fulfil the purpose for which the kaiwhakahaere is appointed, subject to any conditions imposed by the court in the order of appointment.

(2)

If a kaiwhakahaere is appointed for a purpose specified in section 202(2), the execution of a document by the kaiwhakahaere has the same effect as if the document had been lawfully executed by all of the owners of the Māori freehold land to which the purpose relates, unless the execution of the document is unrelated to the purpose for which the kaiwhakahaere is appointed.

(3)

A kaiwhakahaere may seek directions from the court in relation to the purpose for which the kaiwhakahaere is appointed.

205 Process for appointing kaiwhakahaere

(1)

The court may appoint a kaiwhakahaere on its own initiative or on the application of an interested person.

(2)

Before appointing a kaiwhakahaere for a purpose specified in section 202(2), the court must,—

(a)

unless subsection (4) applies, direct the chief executive to arrange in accordance with section 206 a meeting of the owners of the Māori freehold land to which the purpose relates; and

(b)

if a meeting of owners is held under section 206, consider the chief executive’s report under that section; and

(c)

be satisfied that the appointment is necessary or desirable in the interests of the owners; and

(d)

select a person (the proposed appointee) who is eligible for the appointment under section 201(4); and

(e)

consult the proposed appointee on the terms of the appointment; and

(f)

be satisfied that—

(i)

the appointment of the proposed appointee would be broadly acceptable to the owners (if the proposed appointment has been considered at a meeting of the owners); and

(ii)

the proposed appointee consents to the appointment.

(3)

If the court decides to proceed with appointing a kaiwhakahaere, the court must—

(a)

appoint the proposed appointee by making an order under section 207; and

(b)

send a copy of the order to the chief executive so that the chief executive can make any necessary changes to the Māori land register.

(4)

The court is not required to direct the chief executive to arrange a meeting of the owners under subsection (2)(a) if the court is satisfied that—

(a)

the proposal to appoint a kaiwhakahaere has already been sufficiently considered by a meeting of the owners; or

(b)

the matter requiring the appointment of a kaiwhakahaere is sufficiently urgent to justify appointing a kaiwhakahaere without a meeting of owners being held; or

(c)

in relation to the matter requiring the appointment of a kaiwhakahaere,—

(i)

the matter is not significant enough to warrant arranging a meeting of owners; and

(ii)

the matter will not result in a disposition of the land or any part of or interest in the land; and

(iii)

the kaiwhakahaere can adequately protect the interests of the owners.

206 Requirements if meeting of owners required

The chief executive must do the following as soon as practicable after he or she is directed to arrange a meeting of the owners of Māori freehold land under section 205(2)(a):

(a)

arrange a meeting of the owners in accordance with the process set out in clause 11(3) and (4) of Schedule 2; and

(b)

at the meeting,—

(i)

advise the owners that the court is considering appointing a kaiwhakahaere; and

(ii)

inform the owners of the purpose for which the kaiwhakahaere may be appointed; and

(iii)

obtain the owners’ views on the proposal to appoint a kaiwhakahaere; and

(iv)

obtain the owners’ views on a suitable person to appoint as the kaiwhakahaere; and

(c)

after the meeting, promptly report the owners’ views to the court.

207 Order of appointment

A court order appointing a kaiwhakahaere—

(a)

must specify the purpose for which the kaiwhakahaere is appointed; and

(b)

must specify any conditions of the appointment, including any restriction on the power of the kaiwhakahaere to negotiate and enter into agreements on behalf of owners; and

(c)

may include 1 or more directions under section 208 or 209 (requiring the kaiwhakahaere to report to the court or to the owners); and

(d)

may specify that the kaiwhakahaere is to receive a payment for services, in which case the order must also specify the amount of the payment, or how the amount will be calculated, and how and when the payment will be made; and

(e)

may specify which (if any) information in the order is commercially sensitive.

208 Court may require kaiwhakahaere to report to court

(1)

On appointing, or at any time after appointing, a kaiwhakahaere, the court may direct the kaiwhakahaere to report to the court on—

(a)

the purpose for which the kaiwhakahaere is appointed; and

(b)

the progress the kaiwhakahaere has made towards fulfilling that purpose; and

(c)

any matter that is relevant to the matters referred to in paragraphs (a) and (b).

(2)

The court may make a direction under this section on its own initiative or on the application of an interested person.

209 Court may require kaiwhakahaere to report to owners

(1)

On appointing, or at any time after appointing, a kaiwhakahaere for a purpose specified in section 202(2), the court may—

(a)

direct the chief executive to arrange a meeting of the owners in accordance with clause 11(3) and (4) of Schedule 2; and

(b)

direct the kaiwhakahaere to report to the owners, at the meeting, on any matter referred to in section 208(1).

(2)

The court may make a direction under this section on its own initiative or on the application of an interested person.

(3)

The chief executive must arrange a meeting of owners as soon as practicable after being directed to do so under this section.

(4)

At the meeting, the owners may do either or both of the following:

(a)

direct the kaiwhakahaere on how to proceed in respect of the purpose for which the kaiwhakahaere is appointed, including how to exercise the powers of the kaiwhakahaere (subject to any restrictions under Parts 1 to 9 or conditions imposed by the court in the order of appointment):

(b)

decide to apply to the court under section 205 to appoint a replacement kaiwhakahaere, or 1 or more additional kaiwhakahaere.

210 Court may make order relating to costs of kaiwhakahaere

The court may make an order in relation to the costs of a kaiwhakahaere—

(a)

as if the costs were incurred in proceedings of the court; and

(b)

applying, with any necessary modifications, the provisions of Part 11.

211 Termination of appointment of kaiwhakahaere

(1)

A person appointed as a kaiwhakahaere ceases to hold that appointment—

(a)

in accordance with an order made by the court under subsection (2) terminating the appointment; or

(b)

when the purpose for which the kaiwhakahaere is appointed has been fulfilled; or

(c)

if the person is a natural person, when the person dies or becomes incapable of acting; or

(d)

if the appointment is held by 1 or more trustees of a trust, when the trust is wound up; or

(e)

if the person is a body corporate registered or incorporated under an Act, when the body corporate ceases to be registered or incorporated under that Act; or

(f)

if the person is established by or under an Act, when the person is disestablished by or under an Act; or

(g)

if the person is appointed for a purpose specified in section 202(2), when the owners of the land appoint a governance body for the land.

(2)

The court may make an order terminating the appointment of a person as a kaiwhakahaere in the following circumstances:

(a)

the court is satisfied that the person has breached the person’s obligations under Parts 1 to 9 or the order of appointment; or

(b)

the court receives written notice from the person that the person wishes to terminate the appointment; or

(c)

if the person was appointed for a purpose specified in section 202(2),—

(i)

the court appoints a replacement kaiwhakahaere under section 205 (whether or not the application follows a meeting of the owners that is arranged under section 209); or

(ii)

the court is satisfied that the owners of the land intend to appoint a governance body for the land that can fulfil the purpose for which the person is appointed.

(3)

As soon as practicable after a person becomes aware that the person’s appointment as a kaiwhakahaere is or will be terminated under any of paragraphs (c) to (g) of subsection (1), the person (or the person’s personal representative, if the person has died or is incapable of acting) must give the chief executive written notice of that fact so that the notice can be recorded in the Māori land register.

(4)

A court order under subsection (2) and a written notice under subsection (3) must state—

(a)

the date on which the termination takes effect; and

(b)

the reason for terminating the appointment.

212 Responsibilities of kaiwhakahaere if appointment terminated

As soon as practicable after a person’s appointment as a kaiwhakahaere is terminated, the person (or the person’s personal representative, if the person has died or is incapable of acting) must deliver to the court anything held by the person in the person’s capacity as kaiwhakahaere.

213 Immunity from civil liability

(1)

A person appointed as a kaiwhakahaere is protected from civil liability, however it may arise, for any act that the person does or omits to do in fulfilment or intended fulfilment of the purpose for which the person is appointed.

(2)

However, subsection (1) does not apply in respect of an act or omission if—

(a)

the order appointing the person states that the person is not protected from civil liability for the act or omission; or

(b)

the act or omission is done in bad faith or without reasonable care.

(3)

If a kaiwhakahaere is appointed for a purpose specified in section 202(2), and the Māori freehold land is leased, the kaiwhakahaere is not responsible to the lessee for any default of the owners to perform or observe a covenant in the lease, unless—

(a)

the order appointing the person provides otherwise; or

(b)

the default of the owners is the result of an act or omission of the kaiwhakahaere that is done in bad faith or without reasonable care.

Part 6 Operation of governance bodies

Powers, duties, and responsibilities

214 Powers, duties, and responsibilities of governance bodies

(1)

A governance body must—

(a)

hold and manage an asset base for the benefit of the owners of the Māori freehold land managed under the governance agreement; and

(b)

manage the asset base in accordance with the objects of the body as stated in the governance agreement; and

(c)

operate in a manner that is consistent with the governance agreement; and

(d)

operate in a manner that does not, and is not likely to, create a substantial risk of serious loss to—

(i)

the owners; or

(ii)

the creditors of the governance body; and

(e)

be satisfied, before incurring an obligation or a liability, that there is a reasonable prospect of the governance body being able to meet the obligation or liability when required to do so; and

(f)

endeavour to keep the owners informed about the asset base and activities relating to the asset base; and

(g)

promptly notify the chief executive of any change in the body’s registered office or principal place of business, or its address for service.

(2)

For the purpose of performing its role, a governance body has—

(a)

full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and

(b)

for the purpose of paragraph (a), full rights, powers, and privileges.

215 Duties and responsibilities of kaitiaki

A kaitiaki of a governance body must, in his or her role as a kaitiaki,—

(a)

act honestly and in good faith; and

(b)

act for a proper purpose; and

(c)

act, and ensure that the governance body acts, in accordance with the governance agreement and the requirements of Parts 1 to 9; and

(d)

exercise the degree of care and diligence that a reasonable person with the same responsibilities would exercise in the circumstances.

216 Immunity of kaitiaki from personal liability

A kaitiaki of a governance body is not, by reason only of being a kaitiaki, personally liable for—

(a)

any obligation of the governance body; or

(b)

any act done or not done by the governance body in good faith in the performance or intended performance of the duties and responsibilities of the governance body.

217 Immunity of owners from personal liability

An owner of Māori freehold land managed under a governance agreement is not, by reason only of being an owner of that land, personally liable for—

(a)

any debts or liabilities of the governance body; or

(b)

any claims made on the governance body; or

(c)

any deficiency in the asset base of the governance body.

Changes to holdings of Māori freehold land

218 Requirements if governance body decides to hold land as Māori freehold land

(1)

This section applies if a governance body decides to hold as Māori freehold land—

(a)

1 or more parcels of land acquired or to be acquired by the body, by way of purchase or gift, in the course of the body’s operations under a governance agreement (whether or not the land is Māori freehold land before the acquisition); or

(b)

1 or more parcels of land, other than Māori freehold land, that is already held by the body under a governance agreement.

(2)

As soon as practicable after making the decision, the governance body must—

(a)

prepare an allocation scheme for the interests in the land that complies with section 221; and

(b)

apply for a court order under section 223

(i)

declaring that the land is Māori freehold land or will become Māori freehold land on the change of ownership, unless the land already has that status; and

(ii)

confirming the allocation scheme.

(3)

The governance body must amend the governance agreement, and send the updated agreement to the chief executive for registration under section 174, within 1 month after the later of—

(a)

the date on which the court order is made under section 223; and

(b)

the date on which the body acquires the land.

(4)

To avoid doubt, this section does not apply to an acquisition of land—

(a)

if the acquisition is by way of exchange (that situation is dealt with by section 219); or

(b)

if, before the acquisition, the land is Māori freehold land, the governance body is a rangatōpū, and the owners authorise the rangatōpū to manage the land on their behalf (that situation is dealt with by section 169 and clauses 10 and 11 of Schedule 3).

219 Requirements if governance body sells or exchanges parcel of Māori freehold land

(1)

A governance body may dispose of a parcel of Māori freehold land by way of sale or exchange only in accordance with Part 4.

(2)

If a governance body sells a parcel of Māori freehold land, the body must,—

(a)

as soon as practicable after the sale,—

(i)

use the net proceeds from the sale to acquire, improve, or acquire and improve the replacement land identified in the allocation scheme required under section 117(3)(b); or

(ii)

if the body is unable to comply with subparagraph (i) after making all reasonable efforts to do so, use the net proceeds to acquire, improve, or acquire and improve other land that the body considers is of a similar quality to the replacement land; and

(b)

until the body complies with paragraph (a), do 1 or both of the following:

(i)

hold the net proceeds in a separate bank account for the benefit of the owners of the land:

(ii)

invest the net proceeds in 1 or more fixed term deposit products of 1 or more registered banks (as defined by section 2(1) of the Reserve Bank of New Zealand Act 1989) for the benefit of the owners of the land; and

(c)

within 1 month after the sale, amend the governance agreement and send the updated agreement to the chief executive for registration under section 174.

(3)

If a governance body exchanges a parcel of Māori freehold land, the body must, within 1 month after the exchange, amend the governance agreement and send the updated agreement to the chief executive for registration under section 174.

220 Requirements in cases of partition, amalgamation, or boundary adjustment of Māori freehold land managed under governance agreement

(1)

This section applies if a partition, an amalgamation, or a boundary adjustment changes the boundaries or the legal description of a parcel of Māori freehold land managed under a governance agreement.

(2)

The governance body must, within 1 month after the partition, amalgamation, or boundary adjustment, amend the governance agreement and send the updated agreement to the chief executive for registration under section 174.

221 Requirements for allocation scheme

(1)

This section sets out the requirements for an allocation scheme required under section 117(3)(b) or 218(2)(a).

(2)

An allocation scheme for interests in Māori freehold land that is held, or to be held, by a governance body must—

(a)

identify the parcel of land; and

(b)

provide for the parcel to be owned by the owners of the existing Māori freehold land in the asset base; and

(c)

allocate or adjust the ownership of the parcel—

(i)

in accordance, as nearly as practicable, with the relative value of the owners’ shares in the land referred to in paragraph (b) and the nature of that ownership (for example, joint tenants, tenants in common, or a class of collective owners); or

(ii)

in accordance with an agreement or arrangement between those owners; or

(iii)

in a way that is fair and equitable to all the owners.

(3)

If the land is replacement land (within the meaning of section 117(3)(a)), the allocation scheme must also specify how any surplus proceeds from the disposition will be used or distributed.

222 Requirements for land management plan

(1)

This section applies if—

(a)

a governance agreement requires a governance body to have in place a land management plan; or

(b)

a governance body wishes to dispose of a parcel of Māori freehold land by way of sale or exchange (in which case section 219 also applies); or

(c)

a governance body wishes to partition or amalgamate a parcel of Māori freehold land (in which case section 220 also applies).

(2)

The governance body must have in place a land management plan that—

(a)

identifies the Māori freehold land that is managed under the governance agreement; and

(b)

sets out any proposed changes that affect the Māori freehold land that is managed under the governance agreement (including proposed acquisitions, dispositions, improvements, or other changes); and

(c)

explains how the proposed changes will enhance the governance body’s ability to achieve the objects of the body as stated in the governance agreement; and

(d)

sets out the financial implications of the proposed changes; and

(e)

sets out how the governance body will achieve the proposed changes; and

(f)

sets out the risks of adopting, as well as the risks of not adopting, the land management plan; and

(g)

in respect of a proposed disposition of a parcel of Māori freehold land, sets out—

(i)

why the disposition is necessary for the governance body to effectively manage the asset base in accordance with the governance agreement; and

(ii)

how the governance body will manage the process of acquiring or improving replacement land (within the meaning of section 117(3)(a)) with the proceeds from the disposition.

(3)

See clause 13 of Schedule 4, which provides that a land management plan requires the agreement of owners who together hold 75% or more of the participating owners’ total share in the Māori freehold land managed under the governance agreement (unless the governance agreement requires a greater level of agreement).

Order relating to acquisition of Māori freehold land

223 Order declaring land to be Māori freehold land and confirming allocation scheme

(1)

A governance body may, as necessary for the purpose of section 117(3)(c) or 218(2)(b), apply to the court for an order—

(a)

confirming an allocation scheme for the beneficial interests in the freehold estate in a parcel of land held, or to be held, by the body as Māori freehold land; and

(b)

if the land referred to in paragraph (a) is already held by the governance body and is not already Māori freehold land, declaring that the land is Māori freehold land; and

(c)

if the land referred to in paragraph (a) is to be acquired by the governance body and is not already Māori freehold land, declaring that the land will become Māori freehold land on the change of ownership.

(2)

The court must make the order if it is satisfied that—

(a)

the allocation scheme meets the requirements of section 221; and

(b)

the governance body has made the application in accordance with the requirements of Parts 1 to 9.

(3)

An order made under this section must include a description of the land and its boundaries.

(4)

If an order is made under this section confirming an allocation scheme for a parcel of land, the ownership of the parcel is vested in accordance with the allocation scheme.

Application of revenues

224 Application of revenues

(1)

A governance body may apply revenues derived from its asset base to pay expenses properly incurred by the body in managing the asset base.

(2)

Subject to making adequate provision for those expenses, a governance body may apply the revenues for any purpose that is consistent with the body’s duties and responsibilities under section 214, including—

(a)

the payment of distributions to the owners of the Māori freehold land in the asset base, if that is consistent with those duties and responsibilities; and

(b)

the provision of benefits or payments in the nature of awards, subsidies, grants, or scholarships, if that is consistent with those duties and responsibilities.

(3)

If a governance body decides to pay owners a distribution, the body must keep a record of—

(a)

the name of each owner entitled to receive the distribution; and

(b)

the amount to be distributed to each owner; and

(c)

the date on which the distribution will be made (the distribution date).

225 Unpaid distributions

(1)

For the purpose of Parts 1 to 9,—

(a)

an unpaid distribution is a distribution that a governance body has not paid to the person entitled to receive it (for example, because the body is unable to contact the person); and

(b)

the details of an unpaid distribution (the unpaid distribution details) are—

(i)

the name of the owner entitled to receive the distribution; and

(ii)

the amount of the distribution; and

(iii)

the distribution date; and

(iv)

sufficient details to identify the Māori freehold land that was owned by the person referred to in paragraph (a), and managed by the governance body, on the distribution date.

(2)

A governance body—

(a)

need not keep unpaid distributions in a separate bank account; and

(b)

may apply unpaid distributions for any purpose that is consistent with the governance agreement; and

(c)

may use any net gains derived from the application of unpaid distributions for any purpose that is consistent with the governance agreement.

(3)

The amount of an unpaid distribution is a debt payable by the governance body to the owner entitled to receive the distribution or to the owner’s successor in title.

(4)

A governance body must keep records of the unpaid distribution details of each unpaid distribution, and publish those records in the way that is most likely to bring the details of unpaid distributions to the attention of those who are entitled to receive them.

(5)

The Unclaimed Money Act 1971 does not apply to an unpaid distribution.

(6)

To avoid doubt, this section applies to all unpaid distributions held by a governance body, irrespective of whether that governance body made the original distribution.

Access to information held by governance bodies

226 Requests for information

(1)

A governance body must endeavour to inform the owners of Māori freehold land that the body manages under a governance agreement about the governance body and its operations under the agreement, so that—

(a)

the owners can participate effectively in making decisions about the land and any other decisions required under the governance agreement; and

(b)

the governance body is accountable to the owners.

(2)

An owner may ask the governance body to make particular information available.

(3)

To enable the governance body to make the information available within a reasonable time,—

(a)

a request for information must be reasonably detailed and specific; and

(b)

the governance body must give an owner reasonable assistance to formulate a sufficiently detailed and specific request.

(4)

If a governance body receives a request for information, the body must—

(a)

promptly notify the owner in writing of whether the body holds the requested information; and

(b)

within a reasonable time after receiving the request,—

(i)

provide the information to the owner; or

(ii)

notify the owner in writing that the information will be provided only if the owner pays a reasonable charge to meet the cost of providing the information; or

(iii)

notify the owner in writing of the body’s decision to withhold the information under section 227 and of the reasons why.

(5)

If the requested information is, or is contained in, a document, the governance body may provide the information to the owner by—

(a)

giving the owner a reasonable opportunity to inspect the document; or

(b)

providing the owner with a copy of the document either in full or with any deletions or alterations necessary to remove or protect information withheld under section 227.

(6)

If a governance body requires an owner to pay a charge before the body will provide information,—

(a)

the body must specify and explain the charge in the notice given under subsection (4)(b)(ii); and

(b)

if the owner does not pay or object to the charge within 20 working days after receiving that notice, the body may treat the request for information as having been withdrawn.

(7)

If the owner considers that the charge is unreasonable,—

(a)

the owner may apply to the court; and

(b)

the court may make an order requiring the governance body to provide the requested information on payment of a charge (if any) that the court considers reasonable.

227 Reasons for withholding information

A governance body may withhold information requested under section 226 if—

(a)

withholding the information is necessary to—

(i)

protect the privacy of natural persons, including deceased natural persons; or

(ii)

maintain legal professional privilege; or

(iii)

enable the governance body to carry out commercial activities without prejudice or disadvantage; or

(iv)

enable the governance body to carry on negotiations without prejudice or disadvantage (including commercial and industrial negotiations); or

(b)

making the information available—

(i)

would disclose a trade secret; or

(ii)

would be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information; or

(iii)

would breach an obligation of confidence; or

(c)

the requested information cannot be provided without substantial collation or research, or substantial cost; or

(d)

the request is frivolous or vexatious or the information requested is trivial.

Powers of Māori Land Court in relation to governance bodies

228 Court may make orders or investigate governance bodies

(1)

This section applies if the court is satisfied that a governance body is or may be operating in a manner that creates, or is likely to create, a substantial risk of serious loss to the owners of the Māori freehold land managed under a governance agreement.

(2)

The court may make an order requiring a kaitiaki, or any officer or employee of the governance body, to do 1 or more of the following:

(a)

file in the court a written report on any matter relating to the governance body’s management of Māori freehold land or operations under the governance agreement that concern or affect Māori freehold land:

(b)

produce any papers, documents, records, or things in that person’s possession or under that person’s control that are relevant to the governance body’s management of Māori freehold land or operations under the governance agreement that concern or affect Māori freehold land:

(c)

appear before the court—

(i)

for questioning on a report filed under paragraph (a); or

(ii)

for questioning on anything produced under paragraph (b); or

(iii)

to explain any failure of the governance body or its kaitiaki to comply with an obligation under Parts 1 to 9 in respect of Māori freehold land.

(3)

The court may make an order appointing 1 or more persons (examining officers) to—

(a)

investigate the affairs of the governance body (but only to the extent that those affairs relate to the body’s management of Māori freehold land or operations under the governance agreement that concern or affect Māori freehold land); and

(b)

report to the court in the manner directed by the court.

(4)

However, if the court is satisfied that there is a matter in dispute that the owners and the governance body should attempt to resolve themselves, the court must first—

(a)

adjourn the matter to allow any dispute resolution process set out in the governance agreement to be carried out; or

(b)

refer the dispute to the chief executive to initiate a dispute resolution process (see section 345).

(5)

The court’s jurisdiction under this section may be exercised—

(a)

on the application of—

(i)

the governance body; or

(ii)

at least 15 owners of the Māori freehold land managed under the governance agreement who together hold at least 5% of the beneficial interest in the freehold estate in the land; or

(iii)

if the land has more than 10 but not more than 14 owners, at least 11 owners who together hold at least 5% of the beneficial interest in the freehold estate in the land; or

(iv)

if the land has 10 or fewer owners, all of the owners; or

(b)

on the court’s own initiative, if the court is considering whether to issue an injunction under section 421 of Parts 10 to 15 of Te Ture Whenua Māori Act 2021 in relation to the Māori freehold land that is managed under the governance agreement.

229 Matters relating to investigation of governance bodies

(1)

Before appointing an examining officer under section 228(3) to investigate the affairs of a governance body, the court may require security for the cost of the investigation to be given by the applicant that is seeking the investigation.

(2)

The court may, with the consent of the chief executive of a department, appoint an officer or employee of the department as an examining officer.

(3)

If an examining officer is appointed, the kaitiaki of the governance body, and other officers or employees of the governance body (whether past or present), must—

(a)

provide to the examining officer any documents relating to the governance body’s role under Parts 1 to 9 that are held by the kaitiaki, officers, or employees; and

(b)

give to the examining officer any assistance that the kaitiaki, officers, or employees are reasonably able to give; and

(c)

comply with any direction of the court to explain a matter or question referred to in any report of the examining officer.

(4)

On completing the investigation, or at any stage of it, the court may order the governance body, an owner, or any other person to pay a reasonable sum towards the costs of the investigation and of any inquiry before the court.

230 What court may do after making order or investigating governance body

(1)

This section applies if the court, after considering any information that it receives as the result of making an order or investigating a governance body under section 228, is of the opinion that—

(a)

a matter or question affecting the governance body should be the subject of inquiry at a sitting of the court; or

(b)

a prima facie case for the exercise of a power conferred upon the court by Parts 1 to 9 or Parts 10 to 15 of Te Ture Whenua Māori Act 2021 has been established.

(2)

The court—

(a)

may appoint a time and place for a sitting of the court and give any directions for service of notice of the sitting that it thinks fit; and

(b)

must ensure that notice of the sitting identifies the matter or question that will be the subject of inquiry (if subsection (1)(a) applies) or the power that there is a prima facie case for exercising (if subsection (1)(b) applies).

(3)

At or after the sitting of the court, the court may exercise any of the following powers on its own initiative, if the court considers that the grounds exist for exercising the power:

(a)

the court’s power under section 187 to make an order to start the process of cancelling the governance agreement:

(b)

the court’s power under section 231 to make an order restraining a governance body, kaitiaki, or owner from engaging in conduct that would contravene the governance agreement:

(c)

the court’s power under section 232 to make an order disqualifying a person from being appointed, or continuing in an appointment, as a kaitiaki:

(d)

the court’s powers under Parts 10 to 15 of Te Ture Whenua Māori Act 2021.

231 Court may make restraining order

(1)

The court may, on application by a governance body, kaitiaki, or owner, make an order restraining a governance body, kaitiaki, or owner who proposes to engage in conduct that would contravene a governance agreement or Parts 1 to 9 from engaging in that conduct.

(2)

Despite anything to the contrary in the Crown Proceedings Act 1950, an order made under this section may be expressed to be binding on the Māori Trustee, Public Trust, or any other entity that is a government department (as defined in section 2(1) of that Act).

232 Court may disqualify kaitiaki

(1)

The court may make an order disqualifying a person from being appointed, or continuing in an appointment, as a kaitiaki if the court is satisfied that—

(a)

the person was appointed, or continued in an appointment, as a kaitiaki of a governance body while not eligible under section 196(3) to hold that position; or

(b)

the person has, while a kaitiaki of a governance body and whether convicted or not,—

(i)

persistently failed to comply with a duty arising under any enactment, rule of law, rules of court, or court order (to the extent that the duty relates to the role of kaitiaki under Parts 1 to 9); or

(ii)

persistently failed to take reasonable steps to ensure that the governance body complies with a duty arising under any enactment, rule of law, rules of court, or court order (to the extent that the duty relates to the governance body’s role under Parts 1 to 9); or

(iii)

been guilty of fraud in relation to the governance body or of a breach of duty to the governance body; or

(iv)

acted in a reckless or incompetent manner in the performance of the person’s duties as a kaitiaki.

(2)

An order made under this section may disqualify a person permanently or for a period specified in the order.

(3)

However, the court may make an order under this section permanent or for a period longer than 10 years only in the most serious of cases for which an order may be made.

Distribution schemes

233 Obligation to prepare full distribution scheme

(1)

A full distribution scheme is required if—

(a)

the process of cancelling a governance agreement is started as described in section 187; and

(b)

sections 188 and 189 do not apply.

(2)

As soon as practicable after a governance body becomes aware that a full distribution scheme is or will be required, the governance body must apply to the court for a kaiwhakahaere to be appointed under section 201 to oversee the preparation and implementation of the scheme.

(3)

Subsection (2) does not apply if the court has already appointed a kaiwhakahaere under section 187(3).

(4)

As soon as practicable, but within 6 months, after the kaiwhakahaere is appointed, the kaiwhakahaere must—

(a)

prepare, or ensure that the governance body prepares, a full distribution scheme that complies with section 234; and

(b)

apply to the court for an order confirming the scheme.

(5)

The court may make an order confirming a full distribution scheme if the court is satisfied that the scheme complies with section 234.

234 Requirements for full distribution scheme

(1)

A full distribution scheme must—

(a)

identify the Māori freehold land managed under the agreement; and

(b)

identify the amount of unpaid distributions held by the governance body; and

(c)

identify the remainder of the asset base (including details of the governance body’s secured and unsecured creditors, and the amounts they are owed); and

(d)

subject to subsection (3) and sections 235 and 236, provide for—

(i)

the amount of unpaid distributions identified under paragraph (b) to be transferred to the Māori Trustee along with the unpaid distribution details; and

(ii)

the secured and unsecured creditors identified under paragraph (c) to be paid in full; and

(e)

specify how and when the remainder of the asset base will be distributed to the owners of the Māori freehold land identified under paragraph (a); and

(f)

provide that, if a distribution under the distribution scheme cannot be made (for example, because the governance body is unable to contact the owner), the amount of the distribution is to be transferred to the Māori Trustee as an unpaid distribution; and

(g)

propose the date, to be confirmed or amended by the court, by which the governance body must make the transfer referred to in paragraph (f).

(2)

In deciding how and when the remainder of the asset base will be distributed, the governance body must have regard to relative land areas, fairness, and practical considerations.

(3)

If the asset base is insufficient for the purpose of subsection (1)(d), the distribution scheme must—

(a)

identify the amount (if any) that is available for paying unsecured creditors (which includes the amount of unpaid distributions identified under subsection (1)(b): see section 236(2)(d)); and

(b)

provide for the proportion of the amount identified under paragraph (a) that relates to unpaid distributions to be transferred to the Māori Trustee along with the unpaid distribution details; and

(c)

ensure that the unpaid distribution details record the amount of each unpaid distribution as the pro rata amount that has been transferred to the Māori Trustee.

(4)

Any of the following persons may apply to the court for a determination on any aspect of a full distribution scheme:

(a)

the governance body:

(b)

any owner of the Māori freehold land identified under subsection (1)(a):

(c)

the kaiwhakahaere appointed to oversee the preparation and implementation of the scheme.

235 Expenses of kaiwhakahaere

Costs, charges, and expenses properly incurred by a kaiwhakahaere in the preparation or implementation of a full distribution scheme for a governance body are payable out of the asset base of the governance body in priority to all other claims.

236 Application of certain provisions of Companies Act 1993 to full distribution scheme

(1)

This section applies if a kaiwhakahaere is appointed to oversee the preparation and implementation of a full distribution scheme for a governance body.

(2)

Sections 275, 292 to 301, 310G, 310I, and 312 of the Companies Act 1993 apply to the governance body in all respects, and with such modifications as may be necessary, as if—

(a)

the governance body were a company in liquidation under that Act; and

(b)

the kaiwhakahaere were the liquidator of the company; and

(c)

the date on which, and the time at which, the kaiwhakahaere was appointed were the date on which, and the time at which, a liquidation commenced; and

(d)

the amount of unpaid distributions identified under section 234(1)(b) were an amount owed to an unsecured creditor; and

(e)

the reference in section 275(4) of the Companies Act 1993 to clause 1(1)(a) of Schedule 7 of the Companies Act 1993 were a reference to section 235 of Parts 1 to 9.

(3)

Section 263 of the Companies Act 1993 does not apply to a governance body by virtue of the application of section 312 of that Act.

237 Obligation to prepare partial distribution scheme

(1)

A partial distribution scheme is required if the owners of some, but not all, of the Māori freehold land managed under a governance agreement revoke the governance body’s appointment in respect of that land (see section 186).

(2)

If a governance body becomes aware that a partial distribution scheme is or will be required, the governance body must, within the time frame specified in subsection (3),—

(a)

prepare a partial distribution scheme that complies with section 238; and

(b)

apply to the court for an order confirming the scheme.

(3)

A governance body must comply with subsection (2),—

(a)

if no owner seeks a review of the decision to revoke the governance body’s appointment within the period specified in section 200(3), as soon as practicable after the expiry of that period; or

(b)

if an owner has sought a review of the decision to revoke the governance body’s appointment within the period specified in section 200(3), as soon as practicable after the court confirms the decision under that section.

(4)

The court may make an order confirming a partial distribution scheme if the court is satisfied that the scheme complies with section 238.

238 Requirements for partial distribution scheme

(1)

A partial distribution scheme must—

(a)

identify the Māori freehold land that is to be removed from the asset base; and

(b)

identify the amount of unpaid distributions payable to the owners of the land identified under paragraph (a) (the departing owners); and

(c)

identify, in accordance with generally accepted accounting practice, the remainder of the asset base (including details of the governance body’s secured and unsecured creditors, and the amounts they are owed) and the share that is to be distributed to the departing owners; and

(d)

provide for the amount of unpaid distributions identified under paragraph (b) to be transferred to the Māori Trustee along with the unpaid distribution details; and

(e)

specify how and when the share of the remainder of the asset base will be distributed to the departing owners; and

(f)

provide that if a distribution under the distribution scheme cannot be made (for example, because the governance body is unable to contact the owner), the amount of the distribution is to be transferred to the Māori Trustee as an unpaid distribution; and

(g)

propose the date, to be confirmed or amended by the court, by which the governance body must make the transfer referred to in paragraph (f).

(2)

The share of the asset base to be distributed to the departing owners must be calculated using the following formula:

(a ÷ b) × (c − d)

where—

a

is the value of the Māori freehold land that is to be removed from the asset base

b

is the value of all Māori freehold land that is within the asset base (including the land to be removed)

c

is the total value of the remainder of the asset base

d

is the amount of unpaid distributions payable to the departing owners.

(3)

However, the share of the asset base to be distributed to the departing owners may be calculated by a different method from that required by subsection (2) if the difference—

(a)

gives effect to an agreement or arrangement between the governance body and the departing owners; or

(b)

is consented to by the departing owners; or

(c)

is reasonable and is necessary, in the opinion of the governance body, to equitably reflect the removal of the particular Māori freehold land from the asset base.

(4)

In deciding how and when the share of the asset base will be distributed to the departing owners, the governance body must have regard to relative land areas, fairness, and practical considerations.

(5)

Any of the following persons may apply to the court for a determination on any aspect of a partial distribution scheme:

(a)

the governance body:

(b)

1 or more of the departing owners.

(6)

In this section, generally accepted accounting practice has the meaning given in section 8 of the Financial Reporting Act 2013.

239 Process once court confirms distribution scheme

(1)

If the court confirms a partial distribution scheme, the governance body must,—

(a)

as soon as practicable, but within 1 month, after the court confirms the scheme, send an updated governance agreement to the chief executive for registration under section 174; and

(b)

as soon as practicable after the court confirms the scheme, distribute the relevant share of the asset base in accordance with the scheme.

(2)

If the court confirms a full distribution scheme, the kaiwhakahaere must do, or ensure that the governance body does, the following:

(a)

as soon as practicable after the scheme is confirmed, distribute the asset base in accordance with the scheme; and

(b)

as soon as practicable after complying with paragraph (a), apply to the court for an order cancelling the governance agreement.

(3)

If the court is satisfied that a full distribution scheme has been properly implemented, the court may make an order—

(a)

cancelling the governance agreement (see section 190); and

(b)

if the governance body is a Māori incorporation, or the trustees of an ahu whenua trust or a whenua tōpū trust, winding up the incorporation or trust.

(4)

The Registrar must send a copy of any order made under subsection (3) to the chief executive, so that the chief executive can cancel the governance certificate under section 192.

(5)

Section 240 applies to any unpaid distributions transferred to the Māori Trustee under a distribution scheme confirmed under this section.

Obligations of Māori Trustee in respect of unpaid distributions

240 Transfer of unpaid distributions from outgoing governance body to Māori Trustee

(1)

This section applies if an amount relating to unpaid distributions is transferred to the Māori Trustee in accordance with a distribution scheme confirmed by the court under section 239.

(2)

The person making the transfer must—

(a)

notify the chief executive of the transfer; and

(b)

ensure that the Māori Trustee and the chief executive receive, at the time of the transfer, unpaid distribution details for each unpaid distribution.

(3)

The Māori Trustee must—

(a)

credit the amount to the Common Fund (within the meaning of the Māori Trustee Act 1953); and

(b)

hold the amount on trust for the persons entitled to receive the unpaid distributions (or for their successors in title); and

(c)

ensure that any distributable income derived from the amount, and payable under section 26(2) of the Māori Trustee Act 1953, is added to the amount of the distribution.

(4)

If the Māori Trustee is holding an amount relating to an unpaid distribution, the person entitled to receive the distribution is entitled to claim that amount from the Māori Trustee (which may be less than the amount of the original distribution (see section 234(3)), or more, if distributable income has been added under subsection (3)(c)).

241 Māori Trustee must transfer unpaid distributions to successor governance body

(1)

This section applies if, in respect of a parcel of Māori freehold land,—

(a)

the Māori Trustee is holding an amount relating to an unpaid distribution (see section 240) that is payable to an owner of the land or that person’s successor in title; and

(b)

the land comes under the management of a governance body.

(2)

The governance body may apply to the Māori Trustee for the amount.

(3)

If the Māori Trustee receives an application, and is satisfied that the land is managed by the governance body under a governance agreement, the Māori Trustee must—

(a)

transfer the amount to the governance body; and

(b)

ensure that the governance body receives, at the time of the transfer, the up-to-date unpaid distribution details.

(4)

If a successor governance body receives an amount relating to unpaid distributions,—

(a)

the body must manage the amount as if the body had made the original distributions; and

(b)

the amount of each unpaid distribution is the amount relating to the distribution that was received from the Māori Trustee.

(5)

If a successor governance body is holding an unpaid distribution received from the Māori Trustee under this section, the person entitled to receive the distribution is entitled to claim from the successor governance body the amount of the distribution that the successor governance body received (which may be less than the amount of the original distribution (see section 234(3))).

Certain governance bodies must maintain interests register

242 Governance bodies must maintain interests register

(1)

This section applies to a governance body that is any of the following:

(a)

a rangatōpū:

(b)

a Māori incorporation:

(c)

the trustees of an ahu whenua trust or a whenua tōpū trust, unless the trustee is an existing statutory body.

(2)

The governance body must establish and maintain an interests register for the holdings and dealings by its kaitiaki in the individual freehold interests in the Māori freehold land managed by the governance body under the governance agreement.

(3)

The register must contain—

(a)

details of the individual freehold interests held by each kaitiaki; and

(b)

details of dealings in the individual freehold interests by each kaitiaki; and

(c)

declarations made under section 243.

(4)

The governance body must keep the register at its registered office or principal place of business.

(5)

The interests register must be available for inspection, during normal business hours and at the place at which the register is kept, by any owner of the Māori freehold land managed by the governance body under the governance agreement.

243 Kaitiaki must make annual declaration for purpose of interests register

(1)

This section applies to each kaitiaki of a governance body that is any of the following:

(a)

a rangatōpū:

(b)

a Māori incorporation:

(c)

the trustees of an ahu whenua trust or a whenua tōpū trust, unless the trustee is an existing statutory body.

(2)

Promptly after the end of each financial year for the governance body, the kaitiaki must make a declaration of his or her holdings as at the end of the financial year, and dealings during the financial year, in the individual freehold interests in the Māori freehold land managed by the governance body under the governance agreement.

Rule against perpetuities does not apply

244 Governance bodies not subject to rule against perpetuities

The rule against perpetuities and the provisions of the Perpetuities Act 1964 do not prescribe or restrict the period during which—

(a)

an asset base may be held by a governance body; or

(b)

the kaitiaki of a governance body may hold or deal with an asset base (including income derived from the asset base).

Shares in Māori incorporations

245 Māori incorporations may continue to maintain share register

(1)

A Māori incorporation may—

(a)

keep its own share register (but see clause 6 of Schedule 1); or

(b)

rely on the Māori land register as the record of its shareholders, the number of shares held by each, and the address of each (where known).

(2)

A Māori incorporation that keeps its own share register must—

(a)

keep the register in accordance with regulations made under section 340(1)(n); and

(b)

if the incorporation approves any change in the share register, notify the chief executive of the change in accordance with regulations made under section 340(1)(n).

246 Chief executive must notify Māori incorporation of matters affecting share register

(1)

This section applies if—

(a)

a Māori incorporation keeps its own share register and has notified the chief executive of that fact (see clause 6 of Schedule 1); and

(b)

the chief executive creates or receives, from someone other than from the Māori incorporation, an instrument or notice that affects ownership interests in Māori freehold land that the Māori incorporation manages under a governance agreement.

(2)

The chief executive must, within 20 working days after receiving the instrument or notice, send a copy of it to the Māori incorporation.

247 Māori incorporations may adjust shareholding

(1)

A Māori incorporation may amend the total number of shares in the incorporation to a specified number, and correspondingly amend the number of shares held by each shareholder so as to represent the same proportion of the total shares as was represented by that person’s shareholding before the amendment.

(2)

If a Māori incorporation makes an amendment referred to in subsection (1), it must—

(a)

notify the chief executive within 5 days after the amendment is made; and

(b)

if the incorporation keeps its own share register under section 245, update the register to reflect the amendment.

(3)

See clause 13 of Schedule 4, which provides that an adjustment requires the agreement of owners who together hold more than a 50% share in the Māori freehold land managed under the governance agreement (unless the governance agreement requires a greater level of agreement).

248 Relationship between share register and Māori land register

(1)

This section applies if there is an inconsistency in the details relating to beneficial interests in a parcel of Māori freehold land as they are recorded on—

(a)

a share register kept by a Māori incorporation under section 245; and

(b)

the Māori land register.

(2)

The details recorded in the share register are presumed to be correct in the absence of proof to the contrary.

(3)

The court may, on application, make an order declaring the correct details.

(4)

An application may be made by—

(a)

the Māori incorporation; or

(b)

the chief executive; or

(c)

any person who owns or claims to own, or has any other interest in, a beneficial interest affected by the inconsistency.

(5)

The Registrar must send the chief executive and the Māori incorporation a copy of each order made under this section.

(6)

Promptly after receiving an order, the chief executive and Māori incorporation must amend any relevant register, document, or instrument to reflect the corrections made by the court in the order.

249 Sections 245 to 248 cease to apply if Māori incorporation becomes rangatōpū

Sections 245 to 248 do not apply to a Māori incorporation after it becomes a rangatōpū (see section 171).

Part 7 Administration of estates

Introductory provisions

250 General law on estates subject to this Part

(1)

On the death of an owner of Māori freehold land, or an individual freehold interest in a parcel of Māori freehold land, the provisions of this Part override all other enactments and rules of law relating to—

(a)

applications for, and grants of, administration of estates of deceased persons; and

(b)

the administration of those estates; and

(c)

the bringing and settling of claims against those estates; and

(d)

succession to property owned by deceased persons at their death.

(2)

However, relative interests in the Titi Islands continue to be determined in accordance with Part 2 of the Maori Purposes Act 1983 and the court continues to have exclusive jurisdiction in relation to matters referred to in section 6(4) of that Act.

(3)

In subsection (2), Titi Islands means the islands specified in section 6(10) of the Maori Purposes Act 1983.

251 Restrictions on gifting Māori freehold land by will

(1)

A parcel of Māori freehold land may be gifted by will only to a preferred recipient or a preferred entity and only in accordance with section 118.

(2)

An individual freehold interest in a parcel of Māori freehold land may be gifted by will only to a preferred recipient or a rangatōpū and only in accordance with section 150.

252 Invalid disposition by will must be treated as intestacy

(1)

If a provision in a will purports to dispose of land or an individual freehold interest in land in breach of the requirements of Parts 1 to 9, the provision is void and the owner is intestate in relation to the land or interest.

(2)

However, the owner is not intestate in relation to the land or interest if the land or individual freehold interest is disposed of in accordance with Parts 1 to 9 by some other provision in the will.

253 Land status at time of death of owner determinative

(1)

The status of a deceased owner’s land (or land in which a beneficial interest is held by a deceased owner) is the status of the land at the time the owner died.

(2)

Subsection (1) applies for the purpose of determining any matter under Parts 1 to 9, including whether a person is an eligible beneficiary for the purposes of this Part.

254 Change in land status between death of owner and vesting

(1)

This section applies if—

(a)

an owner of a parcel of Māori freehold land, or an individual freehold interest in Māori freehold land, dies; and

(b)

at the time the owner dies, the land, or the land in which the owner had an interest, is private land other than Māori land; and

(c)

before the land or interest is vested in the persons entitled to succeed to it under section 253, the land, or the land in which the interest is held, becomes Māori freehold land.

(2)

The court may, on application, make an order vesting the land or interest in the persons entitled to succeed to it under section 253, despite the change in status of the land.

(3)

The application—

(a)

may be made by a person who claims to be entitled to succeed to the land or interest; and

(b)

must comply with requirements prescribed in regulations made under Parts 1 to 9.

Māori land not available for payment of debts of estate

255 Māori land not available for payment of debts of estate

(1)

The following land or interests in land that are owned by a deceased person (estate land) cannot be used to pay the debts and liabilities of the person’s estate:

(a)

Māori land:

(b)

a beneficial interest in the freehold estate in Māori land:

(c)

a beneficial interest in the freehold estate in a Māori reserve.

(2)

However, revenue derived from estate land is available for payment of the debts and liabilities of the person’s estate if—

(a)

the person died on or after 1 April 1968; and

(b)

the revenue was derived before the person’s death.

(3)

Nothing in subsection (1) or (2) limits or affects—

(a)

the operation of a mortgage or charge to which estate land is subject when the person dies; or

(b)

the recovery of rates or taxes payable for the land.

(4)

Property held by the chief executive in trust for a deceased person in respect of land subject to Part 2 of the Maori Affairs Restructuring Act 1989 cannot be used to pay the debts and liabilities of the person’s estate.

(5)

For the purposes of this section, if a person who died before 1 April 1968 held a freehold interest in Māori freehold land that is subject to a contract of sale, lease, or other disposition, the deceased’s freehold interest includes the deceased’s interest in money payable in respect of the disposition—

(a)

if the money was not paid before his or her death; and

(b)

whether the money was due and payable before or after death.

Restrictions relating to testamentary promises and family protection legislation

256 Restrictions relating to testamentary promises legislation

(1)

An order must not be made under the Law Reform (Testamentary Promises) Act 1949 in respect of a person’s estate to which this Part applies if the order would have the effect described in subsection (2).

(2)

The order must not be made if it would have the effect of disposing of a beneficial interest in the freehold estate in Māori freehold land to anyone to whom the deceased person could not have disposed of the interest by will.

(3)

An application for succession under Parts 1 to 9 that is affected by a proceeding under the Law Reform (Testamentary Promises) Act 1949 must not be dealt with until the chief executive receives notice that the proceeding has been determined, resolved, or withdrawn.

(4)

Nothing in this section limits the power of the High Court to make an order—

(a)

conferring the right to reside in a dwelling; or

(b)

affecting income derived from a beneficial interest in the freehold estate in Māori freehold land.

257 Restrictions relating to family protection legislation

(1)

An order must not be made under the Family Protection Act 1955 in respect of a person’s estate to which this Part applies if the order would have the effect described in subsection (2).

(2)

The order must not be made if it would have the effect of disposing of a beneficial interest in the freehold estate in Māori freehold land to a person who is—

(a)

not a child or grandchild of the deceased owner; and

(b)

not associated with the land in accordance with tikanga Māori.

(3)

An application for succession under Parts 1 to 9 that is affected by a proceeding under the Family Protection Act 1955 must not be dealt with until the chief executive receives notice that the proceeding has been determined, resolved, or withdrawn.

(4)

Nothing in this section limits the power of the High Court to make an order—

(a)

conferring the right to reside in a dwelling; or

(b)

affecting income derived from a beneficial interest in the freehold estate in Māori freehold land.

(5)

A person who was married in accordance with tikanga Māori is to be treated as the spouse of a deceased Māori for the purposes of the Family Protection Act 1955 if—

(a)

they were married in accordance with tikanga Māori before 1 April 1952; and

(b)

when the person died, they were still married in that way and neither was at that time the spouse, civil union partner, or de facto partner of someone else.

Distribution of interests when owner dies intestate

258 Eligible beneficiaries when owner dies intestate

(1)

If the owner of a parcel of Māori freehold land, or an owner of an individual freehold interest in a parcel of Māori freehold land, dies intestate, only eligible beneficiaries succeed to the land or interest.

(2)

A person cannot be an eligible beneficiary unless he or she is associated with the land or interest in accordance with tikanga Māori.

(3)

Eligible beneficiaries are the persons who are described in the first of the following paragraphs that applies (and, to avoid doubt, if there are also persons who are described in a subsequent paragraph, those persons are not eligible beneficiaries):

(a)

surviving children of the owner, and descendants of the owner’s children (in the case of a descendant of the owner’s child, whether or not the owner’s child survived the owner):

(b)

surviving siblings of the owner, and descendants of the owner’s siblings (in the case of a descendant of the owner’s sibling, whether or not the owner’s sibling survived the owner):

(c)

surviving parents of the owner:

(d)

surviving siblings of a parent of the owner, and descendants of a parent’s siblings (in the case of a descendant of a parent’s sibling, whether or not the parent’s sibling survived the owner):

(e)

other descendants of the owner’s great-grandparents if the descendants are living at or born after the date of the owner’s death ( whether or not the great-grandparent survived the owner).

259 Succession by eligible beneficiaries when owner dies intestate

(1)

If the owner of a parcel of Māori freehold land, or an individual freehold interest in a parcel of Māori freehold land, dies intestate and there is—

(a)

1 eligible beneficiary, the eligible beneficiary succeeds to the parcel or freehold interest; or

(b)

more than 1 eligible beneficiary, the eligible beneficiaries succeed to the parcel or individual freehold interest in accordance with section 260.

(2)

If there is no eligible beneficiary of—

(a)

a parcel of Māori freehold land, section 309 applies; or

(b)

an individual freehold interest in a parcel of Māori freehold land, section 310 applies.

(3)

A vesting to give effect to succession must be made only after—

(a)

an application is made to the chief executive under section 262; and

(b)

if necessary, the application has been determined in accordance with section 264.

260 Succession where more than 1 eligible beneficiary when owner dies intestate

(1)

This section applies if there is more than 1 eligible beneficiary when the owner of a parcel of Māori freehold land, or an individual freehold interest in a parcel of Māori freehold land, dies intestate.

(2)

A whānau trust must be established over the parcel or freehold interest and the owner’s beneficial interest in—

(a)

any other parts of the asset base of any governance body appointed for any Māori freehold land in which the deceased owner has an individual freehold interest; and

(b)

any estate or interest in Māori freehold land other than the freehold estate.

(3)

Alternatively, the land and interests described in subsection (2) may be vested, in accordance with section 268, in the trustees of an existing whānau trust (and this vesting is to be treated as establishing a whānau trust) if—

(a)

the eligible beneficiaries are all beneficiaries of the existing whānau trust (whether or not there are other beneficiaries); and

(b)

the trustees of the existing whānau trust and the eligible beneficiaries agree to the vesting.

(4)

Despite subsections (2) and (3), a whānau trust must not be established if 1 or more of the eligible beneficiaries—

(a)

do not want a whānau trust to be established or do not want to participate in a whānau trust; and

(b)

obtain a court order under subsection (5).

(5)

An eligible beneficiary described in subsection (4)(a) may apply to the court to—

(a)

confirm a family arrangement, in which case the court may make an order vesting land or a beneficial interest in land to which the family arrangement relates; or

(b)

make an order vesting land or a beneficial interest in land in the eligible beneficiaries in equal shares.

261 Family arrangement instead of whānau trust

(1)

Under a family arrangement confirmed by the court under section 260, all or any of the land or interests in the land must be vested in an eligible beneficiary instead of the trustees of a whānau trust.

(2)

A family arrangement may provide for the land or interests in the land to vest in an eligible beneficiary and other interests to vest in the trustees of—

(a)

a whānau trust to be established in accordance with section 260(2); or

(b)

an existing whānau trust in accordance with section 268 if—

(i)

the eligible beneficiary in whom the land is or interests in land are to vest, is a beneficiary of the existing whānau trust (whether or not there are other beneficiaries); and

(ii)

the trustees of the existing whānau trust and the eligible beneficiary agree to the vesting.

(3)

A vesting order made under section 260 may include any terms that the court considers are necessary to give effect to the family arrangement.

(4)

A dispute over the terms of a family arrangement, or over whether any land or interests should be excluded from a whānau trust, must be referred to the chief executive for dispute resolution under Part 9.

262 Application to give effect to succession when owner dies intestate

(1)

This section applies to an application required by section 259(4)(a).

(2)

An application may be made by the following persons:

(a)

an eligible beneficiary:

(b)

a parent of the deceased owner who is not an eligible beneficiary:

(c)

if administration has been granted, the administrator of the estate.

(3)

An application must—

(a)

comply with requirements prescribed in regulations made under Parts 1 to 9; and

(b)

include a proposed declaration of trust for a whānau trust where there is more than 1 eligible beneficiary (unless an application has been made to the court under section 260(5)).

263 Processing of application to give effect to succession when owner dies intestate

(1)

On receiving an application under section 262, the chief executive must determine whether the application satisfies the requirements of that section.

(2)

For that purpose, the chief executive may—

(a)

require the applicant to provide further information:

(b)

refer the application to the court, if the chief executive is uncertain as to whether any of the information contained in the application is correct.

(3)

When an application is in order, the chief executive must give notice of the application by publishing the following information on an Internet site to which the public has free access:

(a)

a summary of the application:

(b)

the date the application is first published on the site:

(c)

an invitation to make submissions on the application by the end of the date that is 40 working days after it is first published.

(4)

The chief executive—

(a)

may also use any other method of publication that is reasonably likely to bring the application to the attention of the owners of the land; and

(b)

must also provide the information described in subsection (3)(a) to (c) directly to each eligible beneficiary and proposed trustee whose details are included in the application.

(5)

If any objections or competing applications are received within the 40-working-day period, section 264 applies.

(6)

If no objections or competing applications are received within the 40-working-day period, the chief executive must—

(a)

amend the Māori land register to record the new ownership details, including the details relating to any whānau trust, as set out in the application; and

(b)

give notice to the Registrar-General of the new ownership details, in which case the Registrar-General must register the new ownership under the Land Transfer Act 1952.

264 Determination of application to give effect to succession where objection or competing application received

(1)

This section applies to an application to give effect to succession if an objection or a competing application is received within the notice period.

(2)

The application must be referred to the court.

(3)

If the parties cannot resolve the dispute under Part 9, the court must determine which persons are to succeed to the land or interest to which the application relates.

(4)

The Registrar must give notice of the court’s decision to the chief executive, and the chief executive must—

(a)

amend the Māori land register to record the new ownership details, including the details relating to any whānau trust, as set out in the decision; and

(b)

give notice to the Registrar-General of the new ownership details, in which case the Registrar-General must register the new ownership under the Land Transfer Act 1952.

265 Effect of succession

(1)

This section applies if the chief executive has amended the Māori land register in accordance with section 263(6) or 264(4).

(2)

The beneficial ownership of the land or interest is vested—

(a)

in accordance with the entries made in the register; and

(b)

on the date on which the entries are recorded.

(3)

The beneficial ownership is subject to any rights of the surviving spouse, civil union partner, or de facto partner of the deceased conferred by section 266.

(4)

A whānau trust established on intestacy takes effect in accordance with its declaration of trust on the date that the trust is entered in the Māori land register.

266 Succession interests subject to certain rights of surviving spouse or partner

(1)

This section applies if—

(a)

the owner—

(i)

of a parcel of Māori freehold land dies intestate; or

(ii)

of an individual freehold interest in a parcel of Māori freehold land dies intestate; and

(b)

the owner is survived by a spouse, civil union partner, or de facto partner (the survivor); and

(c)

at the date on which the owner dies, the survivor’s marriage, civil union, or de facto relationship with the owner has not ended (within the meaning of section 2A(2), 2AB(2), or 2D(4) of the Property (Relationships) Act 1976, as applicable).

(2)

The survivor has the following rights:

(a)

in respect of a parcel of Māori freehold land, to occupy the principal family home if it is on that land:

(b)

in respect of either a parcel of Māori freehold land or an individual freehold interest in a parcel of Māori freehold land, to receive any income or discretionary grants that the owner would have been entitled to receive were the owner to remain the holder of the estate or interest.

(3)

A survivor’s rights end when any of the following events first occurs:

(a)

the survivor remarries or enters a new civil union or de facto relationship:

(b)

the survivor dies:

(c)

the survivor relinquishes the right.

(4)

The persons who succeed to the land or interest under section 265

(a)

are the owners of the land or interest; and

(b)

are entitled to receive the income or discretionary grants when the survivor’s right ends.

267 Matters relating to whānau trust established on intestacy

(1)

The beneficiaries of a whānau trust established on intestacy may appoint the trustees of the trust.

(2)

If the beneficiaries cannot agree on the appointment of trustees the court may appoint trustees under section 76.

(3)

If interests are vested in the trustees of a whānau trust,—

(a)

the trustees may also hold interests other than those of the deceased owner; and

(b)

the beneficiaries of the trust may include other owners or preferred recipients and their descendants as well as eligible beneficiaries and their descendants.

(4)

The declaration of trust in relation to a whānau trust established on intestacy must be treated as including a prohibition on the trustees disposing of the beneficial interest in the freehold estate by way of sale, exchange, gift, or mortgage or other charge unless the court has authorised the trustees to do so on application under section 76(2).

268 Trustees must update declaration of combined whānau trust

(1)

This section applies when a parcel of Māori freehold land or an individual freehold interest in a parcel of Māori freehold land is vested in an existing whānau trust under section 260(3).

(2)

The trustees of the whānau trust must, promptly after the vesting,—

(a)

update the declaration of the trust to include a description of the additional parcels and individual freehold interests that vest in the trustees; and

(b)

send a copy of the updated declaration to the chief executive.

(4)

The vesting takes effect, and a whānau trust is treated as established, in accordance with the declaration of trust on the date that the trust is entered in the Māori land register.

Vesting of rent-free lease for residential housing where grantee dies intestate

269 Vesting of rent-free lease for residential housing where grantee dies intestate

(1)

The unexpired term of a rent-free lease for residential housing that is granted under section 44 or 143 may be vested in another person if the grantee of the lease dies intestate, but the lease must be vested in accordance with this section and sections 270 to 272.

(2)

The lease must be vested in 1 of the following persons (the recipient) for whom the premises to which the lease applies were his or her principal place of residence when the grantee died:

(a)

a child or grandchild of the grantee:

(b)

a parent of the grantee:

(c)

the grantee’s spouse, civil union partner, or de facto partner.

(3)

The lease is vested only if the chief executive, on application under section 270, issues a written notice under that section vesting the unexpired term of the lease in the recipient.

(4)

The vesting of the lease has effect—

(a)

for the purposes of equitable title once the written notice is recorded in the Māori land register; and

(b)

for the purposes of legal title once the written notice is registered under the Land Transfer Act 1952.

(5)

Any provision of the lease referred to in section 44(7) or 143(6) (about additional occupants) applies to the recipient as the grantee of the lease.

(6)

Despite any provision of the lease, if a recipient is less than 18 years of age or requires full-time care, the recipient’s principal caregiver is entitled to occupy the premises on the leased land in addition to the recipient.

(7)

If subsection (6) applies and the recipient’s principal caregiver is also the principal caregiver for persons not entitled to occupy the premises, those persons are entitled to occupy the premises as long as any maximum number of occupants that is specified in the lease is complied with.

(8)

If a recipient has a principal caregiver, a kaiwhakamarumaru, or a welfare guardian, that person may administer the lease on the recipient’s behalf.

(9)

A lease vested in a recipient under this section or section 144 may in turn be vested in accordance with this section, but only in a child or grandchild of the original grantee of the lease.

270 Application for vesting of rent-free lease for residential housing

(1)

A person qualified to be a recipient of a lease under section 269 may apply to have the lease vested in him or her.

(2)

An application must—

(a)

be made within 40 working days after the first anniversary of the death of the grantee of the lease; and

(b)

comply with requirements prescribed in regulations made under Parts 1 to 9.

(3)

A proposed recipient under an application made under this section may continue to occupy the premises to which the lease applies until the application is finally determined and, for that purpose, must be treated as if the lease had been vested in him or her under section 269.

271 Procedure after chief executive receives application for vesting of rent-free lease for residential housing

(1)

On receiving an application under section 270, the chief executive must determine whether the application satisfies the requirements of subsection (2) of that section and, for that purpose, the chief executive may—

(a)

require the applicant or, if applicable, the person acting on behalf of the applicant to provide further information:

(b)

refer the application to the court, if the chief executive is uncertain as to whether any of the information contained in the application is correct.

(2)

Promptly after the application period has expired, the chief executive must give written notice of any applications received to the following persons and invite those persons to make submissions on the applications within 20 working days after the notice is given:

(a)

the owners of the land:

(b)

eligible beneficiaries of the deceased’s interest in the land:

(c)

children and grandchildren of the deceased (if they are not eligible beneficiaries):

(d)

parents of the deceased (if they are not eligible beneficiaries):

(e)

the deceased’s spouse, civil union partner, or de facto partner (if he or she is not an eligible beneficiary):

(f)

any principal caregiver, kaiwhakamarumaru, or welfare guardian of any of those persons.

(3)

If there is only 1 application and the chief executive has not received any objection to the application within the 20 working days, the chief executive must issue a written notice vesting the unexpired term of the lease in the recipient.

(4)

If there is more than 1 application, the chief executive must refer the matter to the Māori land dispute resolution service together with any objections to any of the applications received within the 20 working days.

(5)

If the chief executive receives notification that the competing applications and any objections have been resolved through the Māori land dispute resolution service process, the chief executive must—

(a)

issue a written notice vesting the unexpired term of the lease in the agreed recipient; or

(b)

if it is agreed that no vesting will occur, record in the register that the lease has expired.

(6)

If the chief executive receives notification that the competing applications and any objections have not been resolved through the Māori land dispute resolution service process, the chief executive must refer the matter to the court to determine in accordance with section 272.

272 Matters for court to take into account when determining competing applications for vesting of rent-free lease for residential housing

In making a determination on competing applications for the vesting of a rent-free lease for residential housing, the court must take into account—

(a)

the merits of each application; and

(b)

the merits of the objections to the applications; and

(c)

the degree of hardship each proposed recipient would face if the lease were not vested in them.

Vesting of land or interests gifted by will

273 Vesting of land or interest gifted by will where grant of administration

(1)

This section applies if administration has been granted over—

(a)

the estate of an owner of Māori freehold land or an individual freehold interest in Māori freehold land gifted by will; or

(b)

an estate that includes a beneficial interest in any estate or interest in Māori freehold land gifted by will.

(2)

The administrator may apply to the chief executive (or, if the land is managed by a governance body that is a Māori incorporation, to the governance body) to have the land or interest vested in the beneficiaries of the gift.

(3)

The application must comply with requirements prescribed in regulations made under Parts 1 to 9.

(4)

If the application is lodged with the chief executive and the chief executive is satisfied that the application is in order, the chief executive must—

(a)

amend the Māori land register to record the new ownership details; and

(b)

give notice of the new ownership details to the Registrar-General, who must register the new ownership under the Land Transfer Act 1952.

(5)

If the application is lodged with a governance body that is a Māori incorporation and the governance body is satisfied that the application is in order, the governance body must amend the share register to record the new ownership details.

(6)

The land or interest is vested—

(a)

in accordance with the entries made in the Māori land register (or the share register, if a governance body amends the share register under subsection (5)); and

(b)

on the date on which the entries are recorded.

(7)

The vesting of land or an interest under subsection (6) includes the owner’s beneficial interest in any other parts of the asset base of any governance body appointed for any Māori freehold land in which the deceased owner had an individual freehold interest.

274 Vesting of land or interest gifted by will where grant of administration but no effective administration

(1)

This section applies if—

(a)

administration has been granted over an estate described in section 273(1)(a) or (b); but

(b)

the gift is unlikely to be administered for any reason, including the following:

(i)

the administrator refuses to apply to have the land or interest vested in the beneficiaries of the gift; or

(ii)

it is impracticable for the administrator to apply to have the land or interest vested in the beneficiaries of the gift (for example, because the administrator or executor has died or is overseas).

(2)

The court may, on application, make an order vesting the land or interest in the beneficiaries of the gift.

(3)

The application—

(a)

may be made by a person who claims to be a beneficiary of the gift; and

(b)

must comply with requirements prescribed in regulations made under Parts 1 to 9.

(4)

The court must not make an order under subsection (2) unless it is satisfied that—

(a)

this section applies and the applicant has complied with its requirements; and

(b)

the gift complies with the requirements of Parts 1 to 9.

275 Vesting of land or interest gifted by will where no grant of administration

(1)

This section applies if administration has not been granted over an estate described in section 273(1)(a) or (b).

(2)

The following applications may be made to the chief executive:

(a)

a person who claims to be a beneficiary of the gift may apply to have the land or interest vested in the beneficiaries of the gift:

(b)

the trustees of any whānau trust to be established under the will may apply to have the land or interest vested in the trustees.

(3)

An application must comply with requirements prescribed in regulations made under Parts 1 to 9.

(4)

If the chief executive is satisfied that the application is in order, the chief executive must notify, in writing, each person entitled to seek a grant of administration of the application and must invite a response within 20 working days.

(5)

If the chief executive receives no responses or only responses indicating that no persons entitled to seek a grant of administration have sought or intend to seek such a grant, the chief executive must amend the Māori land register and give notice to the Registrar-General as provided in section 273(4), and section 273(6) applies.

(6)

If the chief executive receives a response within 20 working days indicating that a person is seeking or intends to seek a grant of administration, the chief executive must notify the applicant in writing that the application has been refused, but invite the applicant to—

(a)

resubmit the application if, within 20 working days, a grant of administration has not been made; and

(b)

include with the application a certified notice from the court or the High Court confirming that no grant of administration has been made.

(7)

If an application is resubmitted, and the chief executive is satisfied that it and the court notice are in order, the chief executive must amend the Māori land register and give notice to the Registrar-General as provided in section 273(4), and section 273(6) applies.

276 Family arrangements made by beneficiaries of testamentary gift

(1)

This section overrides sections 273 to 275.

(2)

The beneficiaries of a beneficial interest in any estate or interest in Māori freehold land, including an individual freehold interest, gifted by will may enter into a family arrangement.

(3)

Under a family arrangement, any or all of the beneficial interests may be, subject to confirmation by the court,—

(a)

vested in 1 or more eligible recipients instead of, or in addition to, the beneficiaries; or

(b)

vested in the trustees of a whānau trust that meets the requirements of Part 3.

(4)

A beneficiary described in subsection (2) may apply to the court to confirm a family arrangement.

(5)

The court must make an order confirming the family arrangement if the court is satisfied that the arrangement complies with Parts 1 to 9 and that all beneficiaries—

(a)

have received independent legal advice about the effect of the agreement (but each beneficiary does not need to have received separate legal advice); or

(b)

understand the terms of the agreement and the agreement is fair in the circumstances.

(6)

When the court has made an order confirming a family arrangement, one of the beneficiaries who applied for the order may apply to the chief executive to have the interests that are included in that arrangement vested in accordance with the arrangement instead of the will.

(7)

The application must comply with requirements prescribed in regulations made under Parts 1 to 9.

(8)

If the chief executive is satisfied that the application is in order, the chief executive must amend the Māori land register and give notice to the Registrar-General as provided in section 273(4), and section 273(6) applies.

(9)

Any dispute over the terms of a family arrangement, or over whether any land or interests should be excluded from a whānau trust, must be referred to the chief executive for dispute resolution under Part 9.

Additional vesting

277 Chief executive may vest beneficial interest in administrator

(1)

This section applies if administration has been granted over an estate that includes a beneficial interest in Māori freehold land gifted by will.

(2)

The administrator may apply to the chief executive to have the beneficial interest vested in the administrator.

(3)

The application must comply with requirements prescribed in regulations made under Parts 1 to 9.

(4)

If the chief executive is satisfied that the application is in order, the chief executive must amend the Māori land register and give notice to the Registrar-General as provided in section 273(4), and section 273(6) applies.

Recording of rights of surviving spouses and partners

278 Recording of certain rights of surviving spouses and partners

(1)

This section applies if,—

(a)

under section 163, an owner gifts by will to his or her spouse, civil union partner, or de facto partner the right to receive any income or discretionary grants from the owner’s land or interest in the land; or

(b)

section 266(2) entitles the spouse, civil union partner, or de facto partner of an intestate deceased owner to receive income or discretionary grants from the owner’s land or interest in the land.

(2)

On the death of the owner, the spouse, civil union partner, or de facto partner must apply in writing to the chief executive to have the right to receive the income or grants recorded in the Māori land register.

(3)

The chief executive must—

(a)

record the right of the spouse, civil union partner, or de facto partner in the register if the chief executive is satisfied that—

(i)

the applicant is the surviving spouse, civil union partner, or de facto partner of the deceased owner; and

(ii)

the requirements of section 163 have been met or, as the case may be, section 266 applies; and

(b)

if the right relates to Māori freehold land managed under a governance agreement by a Māori incorporation, and if the chief executive is satisfied of the matters set out in paragraph (a)(i) and (ii), notify the incorporation of the right.

(4)

For the purposes of subsection (3)(a),—

(a)

if the chief executive is unsure about a matter described in subparagraph (i) or (ii), the chief executive may refer the matter to the court to determine in accordance with section 314:

(b)

a dispute about a matter described in subparagraph (i) or (ii) must be referred to the chief executive for dispute resolution under Part 9.

279 Removal of records of certain rights of surviving spouses and partners

(1)

This section applies if the right of a spouse, civil union partner, or de facto partner that is recorded in the Māori land register under section 278 ends because—

(a)

the spouse or partner dies or relinquishes it; or

(b)

in the case of a right conferred by section 266, the spouse or partner remarries or enters a new civil union or de facto relationship.

(2)

The person who is the owner of the land or interest in the land on the date on which the right ends must apply in writing to the chief executive to have the record of the right removed from the register.

(3)

The chief executive must, if the chief executive is satisfied that the right has ended,—

(a)

remove the record of the right from the register; and

(b)

if the right relates to Māori freehold land managed under a governance agreement by a Māori incorporation, notify the incorporation of the removal of the right from the register.

(4)

For the purposes of subsection (3),—

(a)

if the chief executive is unsure as to whether a right has ended, the chief executive may refer the matter to the court to determine in accordance with section 314; and

(b)

a dispute about whether a right has ended must be referred to the chief executive for dispute resolution under Part 9.

Special provision by court relating to income for whāngai and adopted children

280 Court may make special provision relating to income for whāngai and adopted children

(1)

The court may make an order conferring on any person the right to all or part of the income from a parcel of Māori freehold land or from an individual freehold interest in a parcel of Māori freehold land.

(2)

The court may make the order only in respect of a person who is not entitled to succeed to the land or interest solely because, under section 9, the tikanga of the respective whānau or hapū determines that there is no relationship of descent between a child (who is a whāngai or the subject of an adoption order) and certain parents for the purposes of the succession.

(3)

The court may make the order only if it considers that—

(a)

the order is required to prevent an injustice to that person; and

(b)

the person’s claim is not within the jurisdiction of the High Court under the Law Reform (Testamentary Promises) Act 1949 or the Family Protection Act 1955.

Succession register

281 Chief executive to keep succession register

(1)

The chief executive must keep a succession register and record in the register particulars of every—

(a)

succession application; and

(b)

completed succession.

(2)

The succession register must be in the public part of the Māori land register but the contact details of particular individuals must be excluded unless those individuals consent to their inclusion.

(3)

If a succession application is processed by a Māori incorporation, the incorporation must provide details of the succession application and completed succession to the chief executive.

(4)

The Māori incorporation must provide the details within 5 working days after the date that the incorporation entered the details in its share register.

(5)

The chief executive must then include the details in the succession register.

Part 8 Registers, jurisdiction about land, giving of notices, and other provisions

Provision of documents to chief executive and Registrar-General

282 Instruments or notices issued under Parts 1 to 9 must be provided to chief executive

(1)

This section applies if any chief executive or the Minister issues an instrument or a notice under Parts 1 to 9 that affects Māori land, a whenua tāpui, or a governance agreement or governance body.

(2)

The issuer must provide a copy of the instrument or notice to the chief executive who maintains the Māori land register (unless the issuer is that chief executive), so that the instrument or notice—

(a)

can be recorded in the Māori land register; and

(b)

can be lodged for registration under the Land Transfer Act 1952 if it affects the legal ownership of an estate or interest in land.

283 Chief Registrar of Māori Land Court to provide certain documents

(1)

The Chief Registrar of the Māori Land Court must—

(a)

provide to the chief executive who maintains the Māori land register a sealed copy of each relevant order so that the order can be recorded in the Māori land register; and

(b)

lodge with the Registrar-General each relevant order that affects the legal ownership of an estate or interest in land so that the order can be registered under the Land Transfer Act 1952.

(2)

The relevant orders are any orders made by the Māori Land Court, the Māori Appellate Court, the Chief Judge acting under section 324, or a Registrar that—

(a)

affect any land, including a vesting order or an order of confirmation that a disposition complies with the requirements of Parts 1 to 9; or

(b)

affect or relate to a governance body; or

(c)

amend or cancel an order described in paragraph (a) or (b).

(3)

The Chief Registrar of the Māori Land Court must provide to the chief executive who maintains the Māori land register, or to the Registrar-General, copies of any document or information held in the permanent record of the Māori Land Court that the chief executive, or the Registrar-General, determines is relevant to his or her functions.

(4)

This section also applies to any certificate of confirmation issued by a Registrar under Te Ture Whenua Maori Act 1993 as if the certificate were a sealed order of the court.

Māori land register

284 Māori land register

(1)

The chief executive must establish and maintain a register of Māori land (the Māori land register) that comprises—

(a)

a public part; and

(b)

an administrative part.

(2)

The Māori land register may be kept—

(a)

as an electronic register; or

(b)

in any other form that the chief executive thinks fit.

(3)

However, the chief executive must keep the register in a form that permits its contents to be readily accessed or reproduced in usable form.

285 Purpose of Māori land register

The purpose of the Māori land register is—

(a)

to enable the public to identify—

(i)

owners of Māori land; and

(ii)

interests affecting Māori land; and

(b)

to enable the public—

(i)

to know whether a parcel of Māori freehold land is managed by a governance body and, if so, to access information about the body and the governance agreement under which it operates; and

(ii)

to know whether Māori freehold land or an interest in Māori freehold land is managed by any other person (such as a kaiwhakamarumaru) and, if so, to access information about that person and the land or interest; and

(c)

to facilitate—

(i)

decision making, by enabling owners of Māori freehold land and other interested persons to be identified when decisions need to be made in relation to the land:

(ii)

dealings with beneficial interests in Māori freehold land:

(iii)

giving effect to the purpose of Parts 1 to 9; and

(d)

to assist the court, the chief executive, the Registrar, and Registrar-General in the exercise or performance of their powers, functions, or duties under Parts 1 to 9 or any other enactment; and

(e)

to enable compliance with the requirements of this or any other Act for the recording of instruments or other matters affecting Māori land or interests in Māori land.

286 Contents of Māori land register

(1)

The public part of the Māori land register must contain—

(a)

the information prescribed by regulations (other than contact details for owners of Māori land); and

(b)

instruments, orders, notices, and other documents provided to the chief executive for the recording of any matter in the register; and

(c)

any other information required by or under another provision of Parts 1 to 9.

(2)

The administrative part of the Māori land register may contain contact details for owners of Māori land.

(3)

Despite subsection (1), the chief executive may exclude from the public part of the register any information in an order of appointment for a kaiwhakahaere that the order specifies is commercially sensitive.

(4)

Despite subsection (1)(a), the register need not include prescribed information about Māori customary land whose status has not been determined by a court.

287 Access to Māori land register

(1)

The chief executive must—

(a)

make the public part of the Māori land register (see section 286(1)) available to the public; and

(b)

make the administrative part of the Māori land register, which contains contact details for owners of Māori land, available to—

(i)

a governance body managing the land; and

(ii)

any other person authorised by or under Parts 1 to 9 to act on behalf of, or to arrange a meeting of, the owners of the land; and

(c)

when making a part of the register available under paragraph (a) or (b), ensure that it is available—

(i)

free of charge; and

(ii)

during normal business hours on a working day; and

(iii)

at any other time that the chief executive allows.

(2)

The chief executive must, on request and on payment of the prescribed fee or charge,—

(a)

provide a person with a copy of any information or document in the Māori land register; and

(b)

if the person requires the copy of the information or document to be a certified copy, provide a certified copy.

(3)

The copies referred to in subsection (2) may, if the chief executive determines, be provided in electronic form.

(4)

A determination under subsection (3) may be made subject to specified conditions.

(5)

This section is subject to—

(a)

section 288, Part 6 of the Domestic Violence Act 1995, and any other enactment under which information may be withheld; and

(b)

the Public Records Act 2005.

288 Chief executive may withhold information for person’s safety

(1)

The chief executive may do the following during any withholding period granted to a person under this section:

(a)

refuse to make available, or provide a copy of, any part of the Māori land register under section 287 if the part names or contains identifying information about the person:

(b)

prevent the name of the person, or identifying information about the person, from being included in any part of the Māori land register that is made available to the public.

Decision about withholding period

(2)

The chief executive must, on application by a person under section 289, decide whether to grant a withholding period to the person.

(3)

The chief executive must grant the withholding period if satisfied that the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family.

(4)

The chief executive must, as soon as is reasonably practicable after making the decision, give notice to the person of—

(a)

the decision; and

(b)

the date of the decision; and

(c)

if the withholding period is not granted, the reasons for the decision.

Duration of withholding period

(5)

A withholding period for a person starts on the date on which the chief executive decides to grant it.

(6)

A withholding period for a person ends 5 years after it starts or on any earlier date on which the chief executive decides to end the period.

(7)

The chief executive must decide to end the withholding period if he or she—

(a)

receives the person’s application to end the withholding period; or

(b)

becomes aware and is satisfied that the basis for granting the withholding period no longer exists (for example, because an order has ceased to have effect or because the person has died and the safety of the person’s family is not prejudiced).

(8)

The chief executive must, as soon as is reasonably practicable after making a decision to end a withholding period for a person under subsection (7)(b), give notice to the person of—

(a)

the decision; and

(b)

the date of the decision; and

(c)

the reasons for the decision.

Other matters

(9)

The fact that a withholding period has ended does not prevent the chief executive from deciding to grant another withholding period on the same evidential basis.

(10)

This section overrides any requirements of Parts 1 to 9 that relate to the Māori land register.

289 Application to chief executive to withhold information for person’s safety

(1)

A person may apply to the chief executive to grant a withholding period under section 288.

(2)

The application must include—

(a)

the details of any identifying information about the person that enables the information to be located in any instrument or other document, or to be excluded from the public parts of the Māori land register, for the purposes of section 288(1); and

(b)

a statutory declaration by the person as to why the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family; and

(c)

sufficient evidence that the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family.

(3)

Evidence provided in the application may include—

(a)

a restraining order that is in force under the Harassment Act 1997 in respect of any person:

(b)

any prescribed order of a court:

(c)

a statutory declaration by a constable, or the person’s employer (if the prejudice arises from the person’s employment), that he or she believes that the publication of information that discloses, or is likely to disclose, the whereabouts of the person may prejudice the safety of the person or the person’s family:

(d)

any other relevant evidence.

(4)

Unless there is proof to the contrary, an order referred to in subsection (3)(a) or (b) is conclusive evidence of the matters to which it relates.

Later notice about order used as evidence for withholding period

(5)

A person must give notice to the chief executive of the date on which an order will cease, or has ceased, to have effect if—

(a)

a withholding period applies to the person; and

(b)

the person included the order as evidence in the application for the withholding period.

(6)

The person must give the notice as soon as is reasonably practicable after becoming aware of the date, but need not give the notice if the date is apparent from the order itself.

290 Exceptions to withholding information for person’s safety

(1)

Even if the chief executive is entitled to refuse to make available, or provide a copy of, a part of the Māori land register under section 288(1), the chief executive may make available, or provide a copy of, that part to a person who requires it—

(a)

to conduct a transaction with the protected person; or

(b)

to have an instrument or other document recorded or registered under Parts 1 to 9 or any other enactment; or

(c)

to exercise a right held, or satisfy an obligation owed, in relation to the particular land (but not land generally), such as the right to sell the land under a mortgagee’s power of sale.

(2)

The person to whom the part of the Māori land register, or a copy, is made available or provided must not disclose it, or any information obtained from it, to anyone else except for the purpose for which it was required under subsection (1).

(3)

The chief executive must give notice to the protected person—

(a)

before making available, or providing the copy of, the part of the Māori land register to the person who requires it; or

(b)

as soon as practicable after making available, or providing the copy of, the part of the register to the person who requires it, if it is impracticable to give notice before that.

(4)

The notice must specify—

(a)

the part of the Māori land register that will be made available or copied; and

(b)

the person to whom the part or copy will be made available or provided; and

(c)

when the part or copy will be made available or provided to the person.

(5)

In this section, protected person means the person to whom the relevant withholding period applies under section 288.

291 Historical and other information in Māori land register to be retained

(1)

Information that is recorded in the Māori land register must be retained in the register or elsewhere even if—

(a)

the information was incorrect and has subsequently been corrected; or

(b)

the information has been superseded; or

(c)

the information is no longer current; or

(d)

the form in which the register is kept has changed.

(2)

Information retained under subsection (1)(a), (b), or (c) must be clearly identified as information that has been corrected or superseded or is no longer current (as applicable).

292 Powers to alter Māori land register

(1)

The chief executive may alter the Māori land register to—

(a)

correct an error made by the chief executive or a person acting under delegation by the chief executive:

(b)

correct an error made by a person in preparing or submitting a document or information to be recorded:

(c)

record a boundary change resulting from accretion or erosion that has been recorded under the Land Transfer Act 1952:

(d)

give effect to an order or a direction of a court:

(e)

change the name of a person whose name has changed.

(2)

The chief executive must not alter the Māori land register under subsection (1)(a), (b), or (c) if the alteration would materially affect the estate or interest of any person.

(3)

The chief executive may, in exercising powers under this section, have regard to any material or information that the chief executive considers relevant and reliable.

(4)

Subsection (3) is subject to any regulations made under Parts 1 to 9.

(5)

The chief executive must provide a notice to the Registrar-General of any alteration to the Māori land register under this section that affects the legal ownership of an estate or interest in land.

293 Electronic workspace facilities

(1)

The chief executive may approve 1 or more electronic facilities for use in the preparation of certain electronic instruments to be provided under Parts 1 to 9.

(2)

The chief executive must not approve an electronic facility unless satisfied that adequate provision is made to ensure that—

(a)

instruments prepared in the facility comply with the requirements of Parts 1 to 9 when provided; and

(b)

the chief executive is able to carry out the chief executive’s functions and duties under Parts 1 to 9.

(3)

The chief executive may, at any time, withdraw approval of an electronic workspace facility that fails to meet the requirements of subsection (2).

(4)

The chief executive may monitor activities in an electronic workspace facility for the purpose of detecting fraud and improper dealings.

(5)

The chief executive may provide an electronic workspace facility.

(6)

The chief executive may—

(a)

set conditions for the use of the electronic workspace facility:

(b)

audit the electronic workspace facility to ensure compliance with the conditions:

(c)

monitor activities in the electronic workspace facility for the purpose of maintaining the effectiveness and efficiency of the facility.

(7)

In Parts 1 to 9, electronic workspace facility means a facility approved by the chief executive under subsection (1).

294 Effect of certification of electronic instrument

(1)

On being recorded in the Māori land register, an electronic instrument certified in accordance with regulations under Parts 1 to 9

(a)

is to be treated as having been made in writing and executed by every party specified for the purpose in regulations; and

(b)

has effect according to its terms.

(2)

Nothing in any enactment or rule of law relating to the execution, signing, witnessing, or attestation of instruments applies to the electronic instrument.

295 Evidentiary presumptions relating to Māori land register

(1)

A record of any information in the Māori land register is conclusive evidence for all purposes that the information is correct, unless there is proof to the contrary.

(2)

Subsection (3) applies to a document that—

(a)

appears to be or to represent an electronic image of an instrument recorded in the Māori land register under Parts 1 to 9; and

(b)

does not appear to have been altered in any way.

(3)

Unless there is proof to the contrary, the document is conclusive evidence—

(a)

of the contents of the instrument; and

(b)

that the instrument is recorded in the Māori land register.

(4)

Unless there is proof to the contrary, a copy of an instrument that is certified by or on behalf of the chief executive to be a correct copy of an instrument recorded in the Māori land register is conclusive evidence—

(a)

of the contents of the instrument; and

(b)

that the instrument is recorded in the Māori land register.

(5)

The fact that the copy of the instrument appears to be certified by or on behalf of the chief executive is conclusive evidence that it is certified by or on behalf of the chief executive, unless there is proof to the contrary.

(6)

This section is subject to section 248.

296 Court order to replace lost or destroyed instrument

(1)

This section applies to a person who claims that—

(a)

an instrument entitles the person to be recorded in the Māori land register as an owner of Māori freehold land or a holder of an interest in Māori freehold land; and

(b)

the instrument, or an authority required for it to be recorded, has been lost or destroyed or no record of it can be found.

(2)

The person may apply to the court for an order that the person is entitled to be recorded in the Māori land register as an owner of the land or a holder of the interest.

(3)

The person must give notice of the application to—

(a)

the chief executive; and

(b)

every person recorded in the Māori land register as an owner of the land or a holder of a lease, licence, mortgage, easement, or other interest that affects the land; and

(c)

any other person that the court directs.

(4)

The court may, if satisfied that the person’s claims are correct,—

(a)

order the chief executive to record the person in the Māori land register as an owner of the land or a holder of the interest; or

(b)

make any other order that the court thinks fit.

297 Chief executive may replace or reconstitute records

(1)

This section applies to—

(a)

an instrument that is or has been recorded in the Māori land register and that has been lost, damaged, or destroyed or has become unfit for use:

(b)

an instrument that is or has been in the custody of the chief executive and that has been lost, damaged, or destroyed or has become unfit for use:

(c)

information recorded in the Māori land register or provided for recording that has been lost or is unfit for use.

(2)

The chief executive may replace or reconstitute the instrument or information to which this section applies, except if the instrument is a court order (in which case the chief executive must apply to the Registrar for a replacement order to be issued by the court).

(3)

The replacement or reconstituted instrument or information has the same effect as if it were the original.

(4)

The chief executive must note on any entry in the Māori land register to which the instrument or information relates that the replacement or reconstituted instrument or information has been created or obtained under or in accordance with this section.

298 Copying and imaging of paper instruments for purposes of Māori land register or other statutory purpose

(1)

The chief executive may—

(a)

produce a record, copy, or image of a paper instrument provided under Parts 1 to 9 or any other enactment; and

(b)

unless it is necessary to retain the instrument so that the record, copy, or image can be understood, return the instrument to the person who provided it together with a written statement that a record, copy, or image has been made.

(2)

The chief executive may use the record, copy, or image for the purposes of establishing or maintaining the Māori land register or to perform any other statutory function under Parts 1 to 9. If the record, copy, or image is used in that way, it must be treated as if it—

(a)

were the original instrument; and

(b)

had been provided at the same time as the original instrument.

Land title registration

299 Māori freehold land status to be recorded on computer freehold register

(1)

The Registrar-General must ensure that the computer freehold register (if any) for land to which this section applies records that the land is Māori freehold land that is subject to Parts 1 to 9.

(2)

This section applies to land for which the Registrar-General—

(a)

receives from the chief executive a written notice that states that the land is Māori freehold land; or

(b)

receives an order of the court that changes the status of the land to, or declares or determines that the land is, Māori freehold land.

(3)

There is no fee for anything done by the Registrar-General under this section.

(4)

To avoid doubt, subsection (2)(a) does not give the chief executive the power to change the status of land.

300 Computer freehold register for land that is not Māori freehold land

(1)

The Registrar-General must remove from the computer freehold register (if any) for land to which this section applies any record that the land is Māori freehold land that is subject to Parts 1 to 9.

(2)

This section applies to land for which the Registrar-General—

(a)

receives from the chief executive a written notice that states that the land is not Māori freehold land; or

(b)

receives an order of the court that changes the status of the land from, or declares or determines that the land is not or ceases to be, Māori freehold land.

(3)

There is no fee for anything done by the Registrar-General under this section.

(4)

To avoid doubt, subsection (2)(a) does not give the chief executive the power to change the status of land.

301 Computer freehold register only for entire freehold estate in Māori freehold land

(1)

The Registrar-General must not create a separate computer freehold register for Māori freehold land unless it is for the entire freehold estate in the land.

(2)

However, this section does not apply to land subject to a cross lease (as defined by section 2(1) of the Resource Management Act 1991).

302 Change to name of parcel

(1)

The court may, on application, make an order changing the name that constitutes the legal description of all or part of a parcel of Māori freehold land.

(2)

The application may be made by—

(a)

the governance body, if the land is managed under a governance agreement; or

(b)

1 or more owners of the land, in any other case.

(3)

The Registrar must, as soon as practicable after the application is made, give notice to the Registrar-General and the chief executive under the Cadastral Survey Act 2002.

(4)

The notice must—

(a)

provide details of the application; and

(b)

invite submissions on the application from the recipients of the notice; and

(c)

specify the deadline by which submissions must be received.

(5)

The court must consider any submissions received by the deadline specified in the notice.

(6)