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Te Pire Whakahoki i a Kororipo Pā/ Kororipo Pā Vesting Bill

Year: 2025 Number: 197 Download PDF (303 KB)

This disclosure statement was prepared by The Office of Treaty Settlements and Takutai Moana: Te Tari Whakatau

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

6 August 2025.

 

Part One: General Policy Statement

Te Pire Whakahoki i a Kororipo Pā/Kororipo Pā Vesting Bill (the Bill) gives effect to certain matters contained in Tuhinga Whakaae o te Tuku Tōmua o Kororipo Pā/Deed of On-account Vesting of Kororipo Pā (the Deed) between the Crown and Te Rūn‐ anga o Ngāti Rēhia Trust (TRONR), which was signed on 1 August 2025.

The Deed provides for the vesting of Kororipo Pa Historic Reserve (Kororipo Pā) in TRONR. The Bill contains provisions required to implement the vesting of Kororipo Pā in TRONR on account of a future comprehensive Ngāpuhi settlement.

The Bill comprises 2 Parts and a Schedule, as follows:

  • Part 1 (preliminary matters)—
    • sets out the purpose of the Bill; and
    • provides that the provisions of the Bill take effect on the vesting date unless a provision states otherwise; and
    • specifies that the Bill binds the Crown; and
    • defines terms used in the Bill; and
    • provides for access to the deed of on-account vesting:
  • Part 2 (vesting of Kororipo Pā) provides for the renaming and vesting of the fee simple estate in Kororipo Pā in TRONR:
  • the Schedule describes Kororipo Pā.

 

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?

NO

Relevant international treaties

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

NO

 

Regulatory impact analysis

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

NO

“The Ministry for Regulation has determined that this proposal is exempt from the requirement to provide a Regulatory Impact Statement on the grounds that it is required to implement a Deed of On-account Transfer related to Treaty of Waitangi claims, other than those that would amend or affect existing regulatory arrangements.”

 

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?

No specific steps have been taken

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 engagement, Te Tari Whakatau – The Office of Treaty Settlements and Takutai Moana and TRONR engaged with hapū whose interests are affected by the proposed transfer of Kororipo Pā. The on-account redress given effect to by this Bill is consistent with the Treaty of Waitangi and its principles and the Treaty of Waitangi Settlement policy.

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

Assessment of the Bill’s consistency with the Bill of Rights Act is in progress.

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 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

The Bill removes the jurisdiction of courts, tribunals, and other judicial bodies in respect of the deed of on-account vesting, the act and the vesting provided (clause 10 (1)). Although, it does preserve the jurisdiction of courts, tribunals and other judicial bodies in respect of the interpretation or implementation of the deed of on-account vesting or the act (clause 10(2)).

 

 

3.4.1. Was the Ministry of Justice consulted about these provisions?

NO

These are standard provisions, and the template has been agreed between the Office of Treaty Settlements and Takutai Moana: Te Tari Whakatau, the Parliamentary Counsel Office and Crown Law for many years.

 

 

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?

NO

 

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?

NO

During engagement, the Office for Māori Crown Relations – Te Arawhiti and TRONR engaged with hapū whose interests are affected by the proposed transfer of Kororipo Pā (Ngāti Tautahi, Ngāi Tāwake, Ngāti Whakaeke, Ngāti Kuta, Patukeha, and Te Uri o Hua).

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 negotiation process by consultation with relevant agencies, key stakeholders and engagement with third parties. The Deed was ratified by Ngāti Rēhia during a hui-a-hapū on 29 June 2025.

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?

NO

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?

NO

Retrospective effect

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

NO

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?

NO

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?

NO

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?

NO

 

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