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Digest No. 1932

Ngati Pāhauwera Claims Settlement Bill 2011 (2011 No 273-2)

Date of Introduction: 01 March 2011
Portfolio: Treaty of Waitangi Negotiations
Select Committee: Māori Affairs
Date report presented: 29 August 2011
Published: 16 September 2011byJohn McSoriley BA LL.B, Barrister,Legislative AnalystP: (04) 817-9626 (Ext. 9626)F: (04) 817-1250Public enquiries:Parliamentary Information Service: (04 817-9647) Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The aim of the Bill is to give effect to the deed of settlement (the deed) entered into by the Crown and Ngāti Pāhauwera on 17 December 2010 and in which the Crown and Ngāti Pāhauwera agree to a final settlement of the Ngāti Pāhauwera historical claims [1]   . “The deed of settlement is conditional on the passage of this Bill which implements certain matters set out in the deed” [2]   .

The Bill as introduced is described in Bills Digest No 1851.

Main changes

Definition of “historical claims” and the Marine and Coastal Area (Takutai Moana) Act 2011

The bar-2 Bill replaces, in the list of matters which fall outside the definition of “historical claims”, the reference to certain applications made under the Foreshore and Seabed Act 2004 with certain applications made under the Act replacing that Act, the Marine and Coastal Area (Takutai Moana) Act 2011 (Part 1, Clause 13(3), amending paragraph (f)).

Disposal of ex-RFR land and the Marine and Coastal Area (Takutai Moana) Act 2011

In general terms, in Treaty of Waitangi settlements, RFR Land or Right of First Refusal land is specified land which remains in Crown or local authority ownership. If the Crown or local authority decides to sell the land, the settlement group has, under the appropriate Treaty of Waitangi claims settlement legislation, the first right to buy that land at a market price.

The Bill as introduced enables the Crown to dispose of RFR land under Section 54(1)(d) of the Land Act 1948 (which enables the Crown to dispose of Crown land without “competition” (without calling for public applications) for certain specified reasons), under Section 355(4) of the Resource Management Act 1991 (RMA) (Section 355 deals with the vesting of reclaimed land),and under Sections 355AA or 355AB of the RMA (effect of the Foreshore and Seabed Act 2004 on vesting of reclamations and applications for renewal).

The bar-2 Bill removes the references to Sections 355AA and 355AB of the RMA because those sections were repealed by the Marine and Coastal Area (Takutai Moana) Act 2011 and replaces them with references to “subpart 3 of Part 2 of the Marine and Coastal Area (Takutai Moana) Act 2011” (dealing with interests in the common marine and coastal area) (Part 3, Subpart 4, amending Clause 107).

Disposal of RFR rights

The bar-2 Bill provides for the assignment of RFR rights (Part 3, Subpart 5, inserting New Clause 123).

Legal description of properties

The bar-2 Bill makes amendments to the list of Statutory areas ( “Te Heru o Tūreia”) and Cultural Redress properties (amending Schedules 2 and 3 to the Bill; cf. Clauses 21, 26 and 27-57).

Comment

The Select Committee has stated that, ”a number of the properties listed in Schedule 3 … of the bill have been surveyed since its introduction”. The amendments are made to reflect “the updated legal description of these properties” [3]   .

Copyright: © NZ Parliamentary Library, 2012
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  1. Ngāti Pāhauwera Treaty Claims Settlement Bill, 2011 No 273-1, Explanatory note, General policy statement, p. 1.   [back]
  2. Ibid, p. 3.   [back]
  3. Ngāti Pāhauwera Treaty Claims Settlement Bill, 2011 No 273-2, As reported from the Māori Affairs Select Committee, Commentary, p. 3.   [back]