Supplementary Order Paper No 60

No 60

House of Representatives

Supplementary Order Paper

Tuesday, 7 December 2021

Ahuriri Hapū Claims Settlement Bill

Proposed amendments

Hon Andrew Little, in Committee, to move the following amendments:

Clause 6(2)(g)(iv)

Replace clause 6(2)(g)(iv) (page 8, line 8) with:

(iv)

the exclusion of the limit on the duration of a trust; and

Clause 19

Replace clause 19 (page 28, lines 18 to 30) with:

19 Limit on duration of trusts does not apply

(1)

A limit on the duration of a trust in any rule of law and a limit in the provisions of any Act, including section 16 of the Trusts Act 2019,—

(a)

do not prescribe or restrict the period during which—

(i)

the Mana Ahuriri Trust may exist in law; or

(ii)

the trustees may hold or deal with property or income derived from property; and

(b)

do not apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.

(2)

However, if the Mana Ahuriri Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) of the Trusts Act 2019.

New clause 55(2)

In clause 55 (page 41, after line 32), insert as subclause (2):

(2)

Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

New clause 56(2)

In clause 56 (page 42, after line 8), insert as subclause (2):

(2)

Bylaws made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

New clause 58(4)

After clause 58(3) (page 42, after line 35), insert:

(4)

The Minister of Conservation must ensure that an order under this section is published in the Gazette.

Explanatory note

This Supplementary Order Paper makes amendments to the Ahuriri Hapū Claims Settlement Bill that are necessary as a consequence of the Trusts Act 2019 and the Legislation Act 2019.

The amendments are as follows:

  • clause 6(2)(g)(iv), which relates to the exclusion of the law against perpetuities, is replaced so that it instead refers to the exclusion of the limit on the duration of a trust (in order to align the provision with the Trusts Act 2019, which repealed the Perpetuities Act 1964):

  • clause 19, which relates to the application of the rule against perpetuities, is replaced to align it with the Trusts Act 2019:

  • clause 55 is amended to state expressly that regulations made under that provision are secondary legislation and are required to be published under the Legislation Act 2019:

  • clause 56 is amended to state expressly that bylaws made under that provision are secondary legislation and are required to be published under the Legislation Act 2019:

  • clause 58 is amended to state expressly that Orders in Council made under that provision that terminate an overlay classification are required to be published in the Gazette (as they will not be published under the Legislation Act 2019).

Departmental disclosure statement

The Office for Māori Crown Relations—Te Arawhiti considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.