Series. Contents. (Waitangi Tribunal report 2016) ISBN 978-1-86956-319-6 (pbk)—ISBN 978-1-86956-320-2 (online PDF) 1. A significant change to the succession laws relating to Māori land came into force on 6 February 2021 (Waitangi Day).. Te Puni Kōkiri states that the amendments to Te Ture Whenua Māori Act 1993 are intended to better support whānau to succeed to their land by:. Contents. This Act is administered by Te Puni Kōkiri. A summary Ministry of Maori Development Wellington [N.Z.] All images & media in this story. Given the potential for the report to influence the development of Government policy in relation to the Act it deserves timely and robust scrutiny. The key changes relate to simplifying the succession process, determination of issues to do with whāngai, and new … 1995 TE TURE WHENUA MAORI INCORPORATION CONSTITUTION REGULATION ACT clauses 4: sub clause 1 (a) (b) (h) Maori Incorporation jurisdiction to Regulate and Legislate Maori Laws, Customs and Usages. 2. Maori Land Act 1993 . Further, the Tribunal recommended that the Crown avoids compulsory solutions, even default ones, in any drafting or redrafting of provisions. endstream endobj startxref The Minister of Māori Development recently introduced a Bill (Bill) to amend certain elements of Te Ture Whenua Māori Act 1993 (Act). The Tribunal found that such a fundamental reform of the Māori land regime is too important to proceed without further certainty on all of its components. Te Ture Whenua Māori Act 1993, s 2884. The discussion document seeks feedback on five key propositions: Public Act 1993 No 4. New changes to whenua Māori land law mean land matters will be settled faster. For an overview of these changes, see the summary booklet. 1993, Te Ture Whenua Maori Act 1993. Below is a summary of some of the different legislation, rules and regulations under which … Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Generally, the Tribunal recommended that the Crown avoids legislative solutions which enable, in legal or practical terms, small groups of participating Māori landowners to effectively alienate the interests of other Māori landowners, including those under some legal or practical incapacity, with no impartial method of control of that outcome. {{Citation | title=Te Ture Whenua Maori Act 1993. Story summary. The Tribunal examined the draft Bill’s provisions to determine whether they reflected the range of Treaty values. Whenua. Te Ture Whenua Māori Act 1993 Executive Summary This brief outlines issues around Mori land policy, with a particular focus on the regulatory framework established by Te Ture Whenua Mori Act 1993. The Tribunal considered it fundamental in Treaty terms that the new Bill provides protection for both the retention of Māori land, as a taonga tuku iho, and for the effective authority (tino rangatiratanga) of its owners so that they may occupy, use, and develop the land as appropriate for the benefit of present and future generations. Māori extended family, 2006. endstream endobj 238 0 obj <. Ture. As long as a protection mechanism is effective and has the properly-informed, broad-based support of Māori, then its introduction in the new Bill will not be inconsistent with Treaty principles. The Bill is narrower in scope than the previous (now-withdrawn) Te Ture Whenua Māori Bill 2016. On 6 February 2021, changes to Te Ture Whenua Māori Act 1993 came into effect to simplify the legal processes for owning, occupying and using Māori land. Confirm Cancel. Te Ture Whenua Māori Act 1993. It recognises that land is a taonga tuku iho of special significance to Māori people and aims to promote retaining Māori land and its use for the benefit of its owners, their whānau, and their hapū. Regarding the Māori Land Service, the Tribunal recommended that the Crown develop the methods of administrative support for the operation of Te Ture Whenua collaboratively, with the broad support of Māori landowners. %%EOF The structures available to whanau, hapu and iwi under Te Ture Whenua Māori Act 1993 are Māori Land Court trusts, Māori incorporations and Māori reservations. Title. The Bill requires Māori to relinquish a well-understood system of protections, which have guaranteed land retention over the past two decades and the empirical research to establish whether or not the present Act is in fact a barrier to land-use is yet to be conducted. h�bbd```b``^ "W��ɶ���L�`�,�"Y��u��`67�T�i`���L*�H�Pi�D���A@���EL@�Ԁ�00҉���$� � ߵ^ The Bill’s proposals cannot be fairly assessed by Māori without much more detail about how the Crown will operate and fund the Māori Land Service, and how it will respond to the longstanding constraints to land utilisation which are the subject of the Māori enablers workstream. The change in governance mechanisms is also not inconsistent with the Treaty, provided Māori are enabled to give properly-informed agreement to that proposal; however, the lack of research in that regard inhibits the Tribunal’s ability to conclude that removal of the court’s protective role is consistent with the Crown’s duty to ensure a system is in place for the sound governance of Māori land. The Tribunal found that Treaty principles do not require any one specific form of protection mechanism. However, the Tribunal had many doubts that empirical research exists that would allow a properly-informed choice to be made. Eva Rickard, Raglan land occupation, 1978 . The powers and duties delegated are those of the Council as “local authority”, or “territorial authority” as specified. Extension of Māori Land Court jurisdiction. SUMMARY OF KEY CHANGES. Much of that land is landlocked and it has acted de facto as a means of dispossessing Māori from enjoying the benefit of their land, and things have to change. The Tribunal concluded overall that the 2013 reforms were instigated and shaped by both Māori and the Crown. If properly informed, broad-based support is not forthcoming, then it is recommended that the Crown follow the same process in order to determine appropriate amendments to the current Act (as the Tribunal observed that all parties appeared to agree that at least some significant amendments to the law are required). Te Puni Kōkiri Discussion Document: Te Ture Whenua Maori Act 1993 Review Panel (March 2013) at 5; Christopher Finlayson “Te Ture Whenua Maori Act review announced” (3 June 2012) New Zealand Government official website . 259 0 obj <>/Filter/FlateDecode/ID[<252E5A56CF9C8B438FE1D5F382D3F225>]/Index[237 43]/Info 236 0 R/Length 106/Prev 195284/Root 238 0 R/Size 280/Type/XRef/W[1 3 1]>>stream Te Ture Whenua Māori Act hui, 1993 . The Tribunal's discussion of process issues was divided into three areas: initiation of proposals to reform the law in this area; consultation; and whether there was consent to law reform. See (2016) February Māori LR. Waitotara Kaumatua Gary Potanga says "Te Ture Whenua Maori, the resource consents , era mea katoa. The discussion of the proposed reforms considers the three components of the Crown’s reform of Te Ture Whenua Māori: legislative reform, the Māori Land Service and the Māori enablers workstream. Te Ture Whenua Act 1993/Māori Land Act 1993. Te Ture Whenua Māori (Succession, Dispute Resolution and Related Matters) Amendment Bill (“the Bill”) introduces key changes to provisions in the Te Ture Whenua Māori Act 1993 (“the Act”) on how the Māori Land Court deals with property rights. I. 2. Take the Rangitīkei District, for example, where 20 percent of the land is governed by Te Ture Whenua Māori Act. Note 4 at the end of this reprint provides a list of the amendments incorporated. In the early 19th century Māori still lived according to a complex system of customary laws. The Tribunal also recommend that the Crown continue to take advice from independent Māori experts, and to accord a leadership role to a representative advisory group in its engagement with Māori. These provisions included the ability of minorities of owners to hold second-chance meetings, clause 100 (subsequently numbered cl 102 in a subsequent draft of the Bill), allowing governance bodies to make decisions without owner agreement, the removal of voting rights of owners under some form of incapacity or putative owners who have not succeeded, the removal of the court’s power to grant equitable remedies, and the prospective regimes for succession and compulsory dispute resolution in their present form. Wikipedia Citation. Raupatu – confiscated lands. Te Ture Whenua Māori Act 1993 This Act is the guiding legislation for the Māori Land Court. From 6 February 2021 Amendmen o Te Ture Whenua Māori Act 1993 Amendmen o Te Ture Whenua Māori Act 1993 Succession applications Succession is the transfer of shares in Māori land from a deceased owner to their descendants and beneficiaries. Due to this unacceptable level of uncertainty, Māori will be unable to offer properly informed, broad-based support for the Bill to proceed, as Treaty principles require. We believe that Section ð ì of Schedule of Te Ture Whenua Māori Bill as relates to the transfer of employees does not give adequate information about the employment future of Māori Land Court workers. He Kura Whenua Ka Rokohanga - report on claims about reform of Te Ture Whenua Māori Act 1993 (Pre-publication) Chapter 5 - Ngā Whakakitenga Me Ngā Tūtohinga / Summary of findings and recommendations. Section. This article discusses that chapter. This document sets out the findings and recommendations of the panel established to look at ways of improving Te Ture Whenua Māori Act 1993, which is the central piece of legislation that governs the administration of Māori land. reform of Te Ture Whenua Māori Act 1993 / Waitangi Tribunal. The Waitangi Tribunal found that the Crown’s process was flawed because Māori were not properly informed. The tohunga Tumakoha. Please note the following: 12. Yet to date the report has not been the subject of any scrutiny of note in the public arena. In this article Toni Love looks at Chapter 5, which summarises the findings, and make recommendations for the prevention of prejudice to Māori landowners and their whānau, hapū and iwi. Māori (New Zealand people)—Legal status, laws, etc. 4. Confirm Cancel. Before 6 February 2021 Succession applications are decided by Māori Land Court judges. Amendments to Te Ture Whenua Māori Act 1993. He Kura Whenua Ka Rokohanga - report on claims about reform of Te Ture Whenua Māori Act 1993 (Pre-publication), Chapter 5 - Ngā Whakakitenga Me Ngā Tūtohinga / Summary of findings and recommendations. Maori Land Act 1993 . Commencement see section 1(2) Note. A summary | author1=New Zealand. The Māori Land Service is clearly critical to the effective operation of the Bill. Note 4 at the end of this reprint provides a list of the amendments incorporated. Public Act 1993 No 4. Chapter 5 summarises the findings, and make recommendations for the prevention of prejudice to Māori landowners and their whānau, hapū and iwi. Despite their importance, the Crown has made very few decisions to date relating to the Māori Land Service and the enablers, and has been unable to offer Māori sufficient detail about them. 3. Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. the Māori version of the purpose and principles clause is redrafted in consultation with Māori language experts to adequately and fully express the extremely important concepts to be conveyed in that clause; the Māori Land Court’s discretionary powers are restored in respect of any second-chance provision, for the protection of all owners’ interests, and in accordance with any statutory criteria for the court’s review that the Crown and Māori both support; a loophole does not allow governance bodies to sell land on the basis that 75 per cent of participating owners have agreed to a land management plan; the Bill requires governance bodies to abide by every owner-agreement threshold in the Bill; there are mechanisms to protect the interests of putative owners (who have not yet succeeded) and all owners under incapacity; decisions about whether disputes should go to alternative dispute resolution or hearing are left to the qualified discretion of judicial officers in conjunction with their registrars, and not placed in the hands of administrative officers; succession processes in case of intestacy are provided for in a practical and inexpensive manner, are dealt with primarily by the court in conjunction with its staff and – if it proceeds as planned – the Māori Land Service, and Māori are assisted to form whānau trusts if that is their wish. TRUST ORDER [AHU WHENUA TRUST] Te Ture Whenua Māori Act 1993, Section 219 In the Māori Land Court of New Zealand [ ] DISTRICT IN THE MATTER [ ] AT a sitting of the Court held at [ ] on the [ ]th day of [ ] [ ], before [ ], Judge. The Tribunal said that in order to not breach the principles of the Treaty of Waitangi, properly informed and broad-based support for the proposed reforms should be obtained. Waitangi Tribunal (Wai 2478, 2016) 11 March 2016. 279 0 obj <>stream Before it can order a partition, the Māori Land Court needs to be satisfied: that the partitioning is necessary for the land to be effectively operated, developed and used, or; that it will give effect to a gift from one of the owners to a member of his or her whānau. Te Ture Whenua Māori Act 1993 Review Panel Discussion Document, March 2014. The Waitangi Tribunal inquired urgently into claims about the Crown's process of consultation and proposed reforms to Te Ture Whenua Māori Act 1993. This includes changes to how the Māori Land Court will deal with ‘simple and uncontested’ succession and trust applications. The Tribunal found that the Crown will be in breach of the principles of the Treaty of Waitangi if it does not ensure that there is properly informed and broad-based support for the proposed law reform to proceed. The claimant’s concerns and reservations over the loss of the Court’s discretionary powers to protect the rights and interests of all owners were considered understandable. In August 2020, the Government passed Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Act to make it easier for Māori land owners to connect with and use their whenua. The changes come into force on 6 February 2021. New Zealand. Today, the government released Te Ture Whenua Māori Act 1993 Review Discussion Document. Date of assent 21 March 1993. This is necessary so that Māori may make informed choices on the basis of a concerted strategy to remedy the barriers to utilisation and development of Māori land. This should be done at the same time as consultation, so that there is more certainty on administrative support before any Bill is enacted. Under this new model the Court will no longer have its present power to review the merits of certain decisions against the 1993 Act’s criteria. In order to avoid prejudice to Māori, the Tribunal recommended that the Crown undertake further engagement nationally with Māori landowners, through a process of hui and written submissions, after reasonable steps have been taken to ensure that Māori landowners are properly informed by necessary empirical research, funded by the Crown. s304 Summary of Powers/Duties. If such a consultation shows broad Māori support for the Bill to proceed, then further engagement with Māori stakeholders and leadership groups to make any final refinements and revisions was recommended, with an agreed process for those groups to consult their constituencies and confirm that broad support for the Bill remains. Due to the lack of empirical evidence available to the Tribunal on which to make specific recommendations on a number of matters, the Tribunal has made both general and specific recommendations for the prevention of prejudice to Māori . Please see Wikipedia's template documentation for further citation fields that may be required. Te Ture Whenua Maori Act 1993. Access to finance is recommended as a matter of urgent attention, and that work on the ‘enablers’ keep step with the wider reform package. As both Treaty parties had an interest in the legislation, either party could initiate a review; however because of the significance of the taonga at stake (Māori land), the Crown cannot follow whatever policy it chooses. %PDF-1.5 %���� II. The Tribunal earlier released a draft chapter addressing claims about the process followed. This week we examine the proposed amendments to these rights which are aimed at making the Māori Land Court more “user friendly”. The Tribunal has issued its report (on 11 March 2016). Māori Land Court staff are very loyal to the Ministry of Justice and Public Service in general, with an average length of service of 22 years. 237 0 obj <> endobj Overview. h�b```�5��'@(�����1&�Ƅ�� o�\�� A number of the draft Bill’s features were also considered as nullifying or weakening the Bill’s intended protection mechanisms and that Māori landowners would be prejudiced by if the Bill proceeds with these Treaty-deficient provisions. Te Ture Whenua Māori Act 1993: | | | Te Ture Whenua Māori Act 1993 / Māori Land Act 1993 | ... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. For the first time, the importance of the relationship of land to Māori and the need to promote land retention was acknowledged in law. More specifically, the Tribunal has recommended that the Crown ensures that: Powered by WordPress | Theme by motuweb | Sitemap, Review of Te Ture Whenua Māori Act 1993 – Waitangi Tribunal inquiry – summary of findings and recommendations, Applications for urgent hearings concerning the review of Te Ture Whenua Māori Act 1993, Ron Crosby (Presiding), Miriama Evans, Dr Rawinia Higgins, Professor Sir Hirini Mead KNZM, Dr Grant Philipson. Kerēme.] The Treaty of Waitangi. The Māori enablers workstream is intended to address a range of long-standing constraints on the utilisation and development of Māori land, such as landlocked land, and rating and valuation. The Bill restates and reforms the law relating to Māori land, replacing Te Ture Whenua Māori Act 1993.1 It maintains the dual kaupapa of retention and utilisation, but seeks to provide clearer and more empowering guidance with regard to Māori land use. This Act is administered by Te Puni Kōkiri. Consultation with Māori conducted both in 2013 and in 2015 was flawed because Māori were not properly informed. Date of assent 21 March 1993. [1. The Waitangi Tribunal inquired urgently into claims about the Crown's process of consultation and proposed reforms to Te Ture Whenua Māori Act 1993. Māori (New Zealand people)—Land tenure—Law and legislation. 3. The Act upholds Māori land as a taonga tuku iho, a treasure handed through the generations, with special cultural significance to Māori. There are around 1.4 million ha of Mori land íabout 5% of the total land area of New Zealand (about 27 million ha). Regarding the enablers workstream, the Tribunal recommended that work continue urgently on such matters as rating, valuation, landlocked land, paper roads, and all other matters encompassed in that workstream, in satisfaction of the Crown’s Treaty duty to remedy past breaches. o#�/�g��� sGL��Ξ�9�ajz\�x~(lMzCG�]�^e� u4�{�:�Ô�ޖ��Q���X|/��TU��S^��f��Ʒ燌f ��5���l�~���-����釂���ދ��ӻ�b$V������� t�D000��F�$ �C( 0�&C!BiH%��g��$�u>�b��C��D���ߠ��ʸ��?���C�p�� �Y�MPi{ ͼ� cd��( ��pSd`�� �X����S�X�X�5��G � �}? Commencement see section 1(2) Note. Owners of Māori freehold land are restricted to using the land administration structures contained within Te Ture Whenua Māori Act 1993. Te Ture Whenua Maori Act 1993. Download He Kura Whenua Ka Rokohanga - report on claims about reform of Te Ture Whenua Māori Act 1993 (Pre-publication). The Tribunal has issued its report. The substance of the new Bill is designed to replace Māori Land Court protections with a different ‘proxy’ for absent owners in the form of a ‘participating owners model’. When you come up against a Māori Incorporation under Statute of Law, it has the same powers as Parliament. The English version of the Bill’s ‘purpose and principles’ clause reflected this range of Treaty values; however, the Māori-language version, which prevails, is flawed and the Tribunal stated it cannot be adopted in its present form. Te Ture Whenua Māori Act 1993 represented a significant change in the direction of Māori land policy. 0 Typeset 2016 by the Waitangi Tribunal, Wellington, New Zealand Set in Adobe Minion Pro and Cronos Pro Opticals Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz . Summary 3. Te Ture Whenua Māori Act 1993 P r e - p u b l i c a t i o n V e r s i o n Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz . It also facilitates the occupation, development and utilisation of that land by its owners and their whānau, hapū and descendants. Review Panel’s report into Te Ture Whenua Māori Act 1993. The report makes broad recommendations for reform of the Act. Te Ture Whenua Maori Act 1993 is the governing legislation for Māori land.
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