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Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Year: 2015 Number: 84 Download PDF (208 KB)

The departmental disclosure statement for a government Bill seeks to bring together in one place a range of information to support and enhance the Parliamentary and public scrutiny of that Bill.

It identifies:

the general policy intent of the Bill and other background policy material;
some of the key quality assurance products and processes used to develop and test the content of the Bill;
the presence of certain significant powers or features in the Bill that might be of particular Parliamentary or public interest and warrant an explanation.

This disclosure statement was prepared by the Office of Treaty Settlements.

The Office of Treaty Settlements certifies that, to the best of its knowledge and understanding, the information provided is complete and accurate at the date of finalisation below.

14 October 2015

Part One: General Policy Statement

Parts 1 to 3 of this Bill give effect to certain matters contained in the deed signed on 21 January 2015 between the Crown and the Tauranga Moana Iwi Collective (the collective deed).The collective deed provides collective Treaty redress in respect of shared interests of the Tauranga Moana Iwi Collective. It does not settle any historical claims. Legislation is necessary to give effect to certain aspects of the deed. Other aspects are provided for only in the collective deed.

The Tauranga Moana Iwi Collective is a collective of 3 Bay of Plenty iwi centred around the Tauranga Harbour: Ngāi Te Rangi, Ngā Hapū o Ngāti Ranginui, and Ngāti Pūkenga. The iwi negotiated some aspects of their settlements collectively but signed separate deeds of settlement of historical claims (deeds) with the Crown in 2012 and 2013.

Part 1 of the Bill sets out the purpose of the Bill and deals with other matters of general application, including -

provisions to take effect on the settlement date unless stated otherwise:
interpretation provisions:
definitions of Tauranga Moana and moana:
removal of certain resumptive memorials.

Part 2 of the Bill sets out the cultural redress provided to the Tauranga Moana Iwi Collective, including -

statutory acknowledgements:
Mauao joint management:
Te Kupenga Framework.

Part 3 of the Bill makes provision for certain commercial redress to be provided for the benefit of the Tauranga Moana Iwi Collective in relation to -

the transfer of licensed land:
a right of first refusal (RFR) over RFR land.

Parts 4 to 6 of this Bill give effect to the deed of settlement signed on 21 June 2012 in which the Crown and Ngā Hapū o Ngāti Ranginui agreed to the final settlement of the historical Treaty of Waitangi claims of Ngā Hapū o Ngāti Ranginui. Legislation is necessary to give effect to certain aspects of the settlement. Other aspects of the settlement are provided for only in the deed of settlement.

Ngā Hapū o Ngāti Ranginui settlement is a hapū-centric settlement for the 8 hapū of Ngāti Ranginui: Pirirākau, Ngāti Taka, Wairoa hapū (including Ngāti Rangi, Ngāti Kahu, and Ngāti Pango), Ngāti Hangarau, Ngāi Tamarāwaho, Ngāi Te Ahi, Ngāti Ruahine, and Ngāti Te Wai.

Part 4 of the Bill sets out the purpose of the Bill and deals with other matters of general application including -

definitions of Ngā Hapū o Ngāti Ranginui, historical claims, and other essential elements:
recording the acknowledgements and apology offered by the Crown to Ngā Hapū o Ngāti Ranginui:
giving effect to the agreement between the Crown and Ngā Hapū o Ngāti Ranginui to a final settlement of the historical Treaty of Waitangi claims of Ngā Hapū o Ngāti Ranginui:
removing the jurisdiction of judicial bodies in respect of the Ngā Hapū o Ngāti Ranginui historical claims and the redress provided under the deed of settlement or the Bill:
dealing with related issues, including a consequential amendment to the Treaty of Waitangi Act 1975 and the removal of certain resumptive memorials.

Part 5 of the Bill sets out the cultural redress provided to Ngā Hapū o Ngāti Ranginui, including-

provision for a taonga tūturu protocol:
official geographic name changes:
the naming of Te Wharepoti / Margaret Jackson Wildlife Management Reserve and Te Wahapū o Te Hopuni Wildlife Management Reserve:
the vesting of cultural redress properties and related administration provisions:
the joint vesting of ngā pae maunga.

Part 6 of the Bill makes provision for certain commercial redress to be provided for the benefit of Ngā Hapū o Ngāti Ranginui in relation to -

commercial redress properties, commercial properties, and a deferred selection
property:
Māori reservation properties:
purchased contingent properties:
a right of first refusal over RFR land.

Part Two: Background Material and Policy Information

Published reviews or evaluations

2.1. Are there any publicly available inquiry, review or evaluation reports that have informed, or are relevant to, the policy to be given effect by this Bill?

YES

Te Raupatu o Tauranga Moana – Report on the Tauranga Confiscation Claims, Waitangi Tribunal 2004

Available online at http://www.justice.govt.nz/tribunals/waitangi-tribunal

Relevant international treaties

2.2. Does this Bill seek to give effect to New Zealand action in relation to an international treaty?

Regulatory impact analysis

2.3. Were any regulatory impact statements provided to inform the policy decisions that led to this Bill?

Extent of impact analysis available

2.4. Has further impact analysis become available for any aspects of the policy to be given effect by this Bill?	NO

2.5. For the policy to be given effect by this Bill, is there analysis available on:
(a) the size of the potential costs and benefits?	NO
(b) the potential for any group of persons to suffer a substantial unavoidable loss of income or wealth?	NO

2.6. For the policy to be given effect by this Bill, are the potential costs or benefits likely to be impacted by:
(a) the level of effective compliance or non-compliance with applicable obligations or standards?	NO
(b) the nature and level of regulator effort put into encouraging or securing compliance?	NO

Part Three: Testing of Legislative Content

Consistency with New Zealand’s international obligations

3.1. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with New Zealand’s international obligations?

Not applicable

Consistency with the government’s Treaty of Waitangi obligations

3.2. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with the principles of the Treaty of Waitangi?

During settlement negotiations, the Office of Treaty Settlements and iwi negotiators engaged with iwi and hapū groups whose interests are directly affected by the settlement. The policy to be given effect by the Bill was developed taking account of their views to provide appropriate protection for their interests. The Bill has been reviewed by Crown Counsel and by officials and legal advisers of the Office of Treaty Settlements and other departments for consistency with Treaty principles. Te Puni Kōkiri was consulted on Cabinet papers seeking policy decisions in relation to the settlement.

Consistency with the New Zealand Bill of Rights Act 1990

3.3. Has advice been provided to the Attorney-General on whether any provisions of this Bill appear to limit any of the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990?	YES
Advice provided to the Attorney-General by the Crown Law Office, or a section 7 report of the Attorney-General, is generally expected to be available on the Ministry of Justice's website upon introduction of a Bill. Such advice, or reports, will be accessible on the Ministry's website at http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/

Offences, penalties and court jurisdictions

3.4. Does this Bill create, amend, or remove:
(a) offences or penalties (including infringement offences or penalties and civil pecuniary penalty regimes)?	NO
(b) the jurisdiction of a court or tribunal (including rights to judicial review or rights of appeal)?	YES
(b) The Bill settles historic Treaty claims and removes the jurisdiction of courts, tribunals and other judicial bodies into the claims, deed of settlement and redress provided.
3.4.1. Was the Ministry of Justice consulted about these provisions?	YES
These provisions were developed by the Office of Treaty Settlements which is part of the Ministry of Justice

Privacy issues

3.5. Does this Bill create, amend or remove any provisions relating to the collection, storage, access to, correction of, use or disclosure of personal information?

External consultation

3.6. Has there been any external consultation on the policy to be given effect by this Bill, or on a draft of this Bill?

YES

Stakeholder groups (e.g. overlapping iwi, councils, affected individuals, recreation groups) were informed of the key relevant provisions contained in the Bill as the settlement was negotiated and agreed, and were invited to comment on relevant parts of the Bill affecting them.

Overlapping groups: Hauraki iwi, Te Arawa iwi, and Ngāti Hinerangi.

Councils: Bay of Plenty Regional Council, Tauranga City Council and Western Bay of Plenty District Council.

Other testing of proposals

3.7. Have the policy details to be given effect by this Bill been otherwise tested or assessed in any way to ensure the Bill’s provisions are workable and complete?	YES
The proposed provisions are tested throughout the negotiations process through consultation with key stakeholders and engagement with third parties. The provisions within the respective deeds were ratified by Ngā Hapū o Ngāti Ranginui and the groups that make up the Tauranga Moana Iwi Collective before they were signed.

Part Four: Significant Legislative Features

Compulsory acquisition of private property

4.1. Does this Bill contain any provisions that could result in the compulsory acquisition of private property?

Charges in the nature of a tax

4.2. Does this Bill create or amend a power to impose a fee, levy or charge in the nature of a tax?

Retrospective effect

4.3. Does this Bill affect rights, freedoms, or impose obligations, retrospectively?

Strict liability or reversal of the usual burden of proof for offences

4.4. Does this Bill:
(a) create or amend a strict or absolute liability offence?	NO
(b) reverse or modify the usual burden of proof for an offence or a civil pecuniary penalty proceeding?	NO

Civil or criminal immunity

4.5. Does this Bill create or amend a civil or criminal immunity for any person?

Significant decision-making powers

4.6. Does this Bill create or amend a decision-making power to make a determination about a person’s rights, obligations, or interests protected or recognised by law, and that could have a significant impact on those rights, obligations, or interests?

Powers to make delegated legislation

4.7. Does this Bill create or amend a power to make delegated legislation that could amend an Act, define the meaning of a term in an Act, or grant an exemption from an Act or delegated legislation?	NO

4.8. Does this Bill create or amend any other powers to make delegated legislation?	NO

Any other unusual provisions or features

4.9. Does this Bill contain any provisions (other than those noted above) that are unusual or call for special comment?

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