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Supplementary Order Paper No 311

No 311

House of Representatives

Supplementary Order Paper

Tuesday, 2 May 2017

Te Ture Whenua Māori Bill

Proposed amendments to SOP No 279

Hon Te Ururoa Flavell, in Committee, to move the following amendments:

Clause 36

In clause 36(1)(c) (page 52), replace “common use or benefit” with “common use and benefit”.

Clause 71C

Replace clause 71C(5) (page 83) with:

(5)

If there are no persons entitled to the property under subsection (1)(c),—

(a)

for property that is a parcel of Māori freehold land, section 295 applies; or

(b)

for property that is an individual freehold interest in a parcel of Māori freehold land, section 296 applies; or

(c)

for any other property, it becomes ownerless property.

Clause 99

In clause 99(2)(b) (page 97), delete “or other trust (other than a governance body)”.

After clause 99(2)(b) (page 97), insert:

(ba)

if it is owned by the trustees of any other trust (other than a governance body) unless permitted by the terms of the trust; or

Clause 102

In clause 102(2)(b) (page 100), replace “or other trust (other than a governance body)” with “; or”.

After clause 102(2)(b) (page 100), insert:

(c)

the trustees of any other trust (other than a governance body) unless permitted by the terms of the trust.

Clause 105

In clause 105(2)(b) (page 102), delete “or other trust (other than a governance body)”.

After clause 105(2)(b) (page 102), insert:

(ba)

if it is owned by the trustees of any other trust (other than a governance body) unless permitted by the terms of the trust; or

Schedule 1

In Schedule 1, clause 18(1A)(c) (page 334), replace “trustee’s” with “trustees’”.

In Schedule 1, replace clause 23(2) and (3) (page 337) with:

(2)

The trust continues in force in accordance with the terms of the trust under the Act or instrument constituting the trust or any variation of those terms made before the commencement date.

(3)

The terms of the trust—

(a)

continue in force as if Te Ture Whenua Maori Act 1993 had not been repealed; and

(b)

are not affected by anything in Parts 1 to 9.

(3A)

The terms of the trust may be varied in accordance with—

(a)

the terms of the trust; or

(b)

if the terms of the trust do not provide for their variation, the process that applied immediately before the commencement date.

(3B)

If the trust is constituted under an Act other than Te Ture Whenua Maori Act 1993, the Act under which the trust is constituted continues to apply to the trust and its trustees despite anything in Parts 1 to 9.

(3C)

To avoid doubt, Parts 1 to 9 apply to a matter if the matter is not provided for in the terms of the trust or an Act that applies by virtue of subclause (3B).

In Schedule 1, after clause 23(4) (page 337), insert:

(5)

Despite subclauses (2) to (3C), in the case of the Wi Pere Trust referred to in section 4(1) of the Māori Purposes (Wi Pere Trust) Act 1991,—

(a)

the trust continues in accordance with that Act; and

(b)

the powers, rights, and duties of the Wi Pere Trust Board established by section 6(1) of that Act may be exercised and performed in accordance with that Act and with Parts 1 to 9 as applied and modified by that Act.

Schedule 8

In Schedule 8, Part 1, after the item relating to the Māori Purposes Act 2011 (page 409), insert:

Māori Purposes (Wi Pere Trust) Act 1991 (1991 No 38)

In section 3, replace the definition of 1993 Act with:

2017 Act means Parts 1 to 9 of Te Ture Whenua Māori Act 2016

In section 3, replace the definition of general land with:

general land means private land that is not Māori land

In section 3, definition of Māori freehold land, replace “section 4 of the 1993 Act” with “section 5 of the 2017 Act”.

In section 3, insert in their appropriate alphabetical order:

Māori land has the same meaning given to Māori land in section 5 of the 2017 Act

Māori land register has the same meaning given to Māori land register in section 5 of the 2017 Act

private land has the same meaning given to private land in section 5 of the 2017 Act

In section 9(3),—

(a)

replace “Registrar of the Māori Land Court” with “chief executive responsible for the Māori land register”; and

(b)

replace “records of the court are” with “register is”.

In section 18, replace “undivided beneficial interest” with “individual freehold interest (as defined in section 6 of the 2017 Act)”.

In section 20(f), after “property”, insert “; and”.

After section 20(f), insert:

(g)

all amendments to the Māori land register that relate to Māori freehold land that is trust property.

In section 21(1) and (2), replace “Registrar of the Māori Land Court” with “chief executive responsible for the Māori land register”.

In section 21(2), replace “order of the court” with “amendment to the Māori land register”.

In section 30(3),—

(a)

replace “Registrar of the Māori Land Court” with “chief executive responsible for the Māori land register”; and

(b)

replace “records of the court are” with “register is”.

In section 32(3),—

(a)

replace “Registrar of the Māori Land Court” with “chief executive responsible for the Māori land register”; and

(b)

replace “records of the court are” with “register is”.

In the heading to section 33, replace “1993 Act” with “2017 Act”.

In section 33(1), (2), and (3), replace “1993 Act” with “2017 Act”.

Replace section 34(a) with:

(a)

an order under section 25 or 27 of the 2017 Act; and

In section 34(b), replace “section 134 of the 1993 Act” with “section 24 of the 2017 Act”.

In section 35(1), replace “1993 Act” with “2017 Act”.

Repeal section 36(f).

Replace section 38 with:

38 Alienation of Māori freehold land

(1)

The trust board has the capacity to dispose of Māori freehold land that is trust property if—

(a)

the disposition would be permitted under Part 4 of the 2017 Act; or

(b)

the disposition is an alienation that is permitted by section 33, 39, or 40.

(2)

In this section, dispose of and disposition have the same meanings as in section 5 of the 2017 Act.

Repeal section 40(6).

In section 41(3), replace “section 26(2) of the 1993 Act” with “section 308(3) and (4) of the 2017 Act”.

In Schedule 1, clause 1.1, definition of beneficial interest, replace “undivided beneficial interest” with “individual freehold interest (as defined in section 6 of Parts 1 to 9 of Te Ture Whenua Māori Act 2016)”.

In Schedule 1, clause 1.1, definition of ordinary resolution,—

(a)

replace “Te Ture Whenua Maori Act 1993” with “Parts 1 to 9 of Te Ture Whenua Māori Act 2016”; and

(b)

replace “50%” with “a different majority”.

In Schedule 1, clause 1.1, definition of special resolution,—

(a)

replace “Te Ture Whenua Maori Act 1993 requires a sale or gift” with “Parts 1 to 9 of Te Ture Whenua Māori Act 2016 requires a sale”; and

(b)

replace “75%” with “a different majority”.

In Schedule 1, clause 9.6, replace “Māori Land Court register” with “Māori land register”.

In Schedule 1, clause 13.2(b), replace “Te Ture Whenua Maori Act 1993” with “Parts 1 to 9 of Te Ture Whenua Māori Act 2016”.

Replace Schedule 4 with:

Schedule 4 Application of provisions of 2017 Act to Māori freehold land that is trust property

s 33

Provision of 2017 ActAppliesModifications
Part 1 (except sections 5 and 6)No
Sections 5 and 6Yes
Part 2YesPart 2 applies as if the trust were a governance body.
In addition to the jurisdiction conferred by sections 25 and 27, the court may make an order under 1 or both of those sections if the order is necessary to correct an error or omission in Schedule 2 or 3 of this Act.
Part 3No
Part 4 (except section 103(1)(b))YesPart 4 applies as if the trust were a governance body.
Subject to sections 22 to 27 of this Act.
Section 103(1)(b)No
Part 5No
Part 6 (except sections 206 to 211)No
Sections 206 to 211YesSections 206 to 211 apply as if the trust were a governance body.
Part 7 (except sections 246 to 247)YesSubject to sections 22 to 27 of this Act.
Sections 246 to 247No
Part 8YesSection 300 applies subject to sections 22 to 27 of this Act.
Section 308 applies subject to section 41 of this Act.
Part 9NoA requirement that a dispute be dealt with under Part 9 does not apply.

Explanatory note

This Supplementary Order Paper amends SOP No 279, which amends Te Ture Whenua Māori Bill. Most of the amendments are to the part of the Bill that will become Te Ture Whenua Māori Act 2017.

Clause 36 is amended so that a term is expressed consistently throughout the Act.

Clause 71C is amended to ensure that, if a whānau trust is terminated, any trust property in Māori freehold land does not vest in the Crown as ownerless property.

Clauses 99, 102, and 105 are amended so that a parcel of Māori freehold land held by a trust that is not a whānau trust or governance body may be sold, exchanged, or gifted if permitted by the terms of the trust.

Schedule 1 (transitional provisions) is amended to correct the punctuation in clause 18 and to change clause 23 in 2 ways. Clause 23 deals with trusts over Māori land that are not affected by the other transitional provisions for trusts. The first change to clause 23 ensures that these trusts can continue to operate under their current terms of trust, but that Te Ture Whenua Māori Act 2017 will apply if a matter is not provided for in the terms of trust or in other legislation governing the trust. The second change to clause 23 ensures that the Wi Pere Trust is governed by the Māori Purposes (Wi Pere Trust) Act 1991 (as renamed and amended by the Māori Purposes Bill) and by Te Ture Whenua Māori Act 2017 as applied and modified by that Act.

The final amendment is to the part of the Bill that will become Te Ture Whenua Māori (Repeals and Amendments) Act 2017. Schedule 8 is amended to add consequential amendments to the Māori Purposes (Wi Pere Trust) Act 1991. The consequential amendments update that Act so that it works when Te Ture Whenua Māori Act 1993 is replaced by Te Ture Whenua Māori Act 2017.