Ngā Pire

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Digest No. 1930

Ngati Porou Claims Settlement Bill 2011 (2011 No 270-2)

Date of Introduction: 15 February 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 Ngati Porou on 22 December 2010 and in which the Crown and Ngati Porou agreed to a final settlement of the Ngati Porou historical claims. The deed of settlement is conditional on the passage of this Bill which implements certain matters set out in the deed.

The Bills as introduced is described in Bills Digest No 1862.

Main changes

Right of first refusal land acceptance of offer and formation of contract

Clause 105 in the Bill as introduced provides for the formation of a contract between the trustees of Te Rūnanga o Ngati Porou or, at the commencement of this Act, Te Runanganui o Ngāti Porou (the trustee) and a landowner where the trustee accepts an offer by the landowner to dispose of Right of First Refusal land (RFR land). The trustee may nominate any person other than the trustees to receive the transfer of land.

The bar-2 Bill provides that the trustee may nominate a nominee, but only:

  • If the nominee is lawfully able to hold the RFR land; and

  • by giving notice to the RFR landowner on or before the day that is ten business days before the day on which the transfer is to settle (Part 3, Clause 105, substituting subclause (4)).

Comment

The Select Committee stated that this amendment “would ensure that only a natural person or legal entity could lawfully hold property; the nominee must have legal personality” [1]   .

Legal description of properties

The bar-2 Bill makes amendments to the list of Cultural Redress properties (amending Schedule 3 to the Bill; cf. Clauses 10, 57 and 73).

Comment

The Select Committee stated has stated: ”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” [2]   .

Copyright: © NZ Parliamentary Library, 2011
This work is licensed under the Creative Commons Attribution 3.0 New Zealand licence. In essence, you are free to copy, distribute and adapt the work, as long as you attribute the work to the Parliamentary Library and abide by the other licence terms. To view a copy of this licence, visit : http://creativecommons.org/licenses/by/3.0/nz/.

  1. Ngati Porou Claims Settlement Bill, 2011 No 270-2, As reported from the Maori Affairs Committee, Commentary, p. 2.   [back]
  2. Ibid.   [back]