The Explanatory Note for the Te Pire Whakatupua mō Te Kāhui Tupua/Taranaki Maunga Collective Redress Bill in New Zealand - likely to be much misreported - states
Te Pire Whakatupua mō Te Kāhui Tupua/Taranaki Maunga Collective Redress Bill (the Bill) gives effect to certain matters contained in Te Ruruku Pūtakerongo/the Taranaki Maunga collective redress deed signed on 1 September 2023 by the Crown and Ngā Iwi o Taranaki, the collective of the 8 iwi of the Taranaki region. The Bill contains provisions relating to redress that require legislation for their implementation. Other aspects of the arrangements are provided for only in the collective redress deed because they do not require legislative authority. The Bill comprises 9 Parts and 5 schedules. The Bill and the deed speak of the iwi of Taranaki and the origins of Taranaki Maunga: Ko Taranaki, ko Pouākai, ko Kaitake, koia te puna i heke mai ai te tangata. Koia ko hō mātou nei okiokinga, ko mātou nei tō rātou okiokitanga. (Taranaki, Pouākai and Kaitake are a reflection, and the source, of our existence, in life and in death.)
Legal personality
The concept of legal personality for Te Kāhui Tupua is primarily concerned with giving legal status to the tūpuna maunga of Ngā Iwi o Taranaki within the national park. The land in the national park owned by the Crown is to be vested in the legal personality. The land will also be inalienable (not able to be sold or otherwise disposed of), except in a very narrow set of circumstances. A similar legal personality has been delivered in Treaty settlements in respect of Ngāi Tūhoe (Te Urewera) and the Whanganui River (Te Awa Tupua). In each case, the legal personality requires an entity to act on its behalf. In the case of Te Kāhui Tupua, that is Te Tōpuni Kōkōrangi. The land to be vested in the legal personality will continue to be a national park administered under the National Parks Act 1980 as amended by this Bill. The general principles of the National Parks Act, including free public access, will be protected alongside Ngā Pou Whakatupua (the Maunga values). The collective redress legislation will also repeal the Mount Egmont Vesting Act 1978. The recognition of Te Kāhui Tupua as a legal person aligns closely with Ngā Iwi o Taranaki understanding of the maunga being tūpuna, requiring care and protection now and into the future.
Te Kāhui Tupua status
The arrangements provide for a status statement for the legal personality. The status statement expresses the meaning of the legal personality and explains what the legal personality is intended to represent. Similar statutory recognition statements have been included in the Te Awa Tupua (Whanganui River) and Ngāti Rangi (Te Waiū-o-te-Ika arrangements over the Whangaehu River) Treaty settlements. The status statement, alongside Ngā Pou Whakatupua, will have the same effect as a general purpose under section 4(1) of the National Parks Act 1980 and will form the foundation for the ongoing administration and management of the national park.
The recognition statement provides that the concept of the legal personality extends beyond the national park boundary into the surrounding lands, although with no direct legal effect. This extension aligns with the Ngā Iwi o Taranaki understanding of their tūpuna, which does not stop at the national park boundary. The Bill includes protection of all land within the national park from all commercial mining activities. ...
Clause by clause analysis
Clause 1 sets out a dual-language Title for this Bill, providing also that the Act may also be cited either by the te reo Māori Title or by the English Title. Clause 2 provides that the Bill, except for clause 125, comes into force on the day after the date on which it receives Royal assent. Clause 125 comes into force on the latest of the 5 events specified in clause 120(1).
Part 1 He kupu wāwahi—Historical matters and preliminary provisions
Clause 3 provides a statement by Ngā Iwi o Taranaki, Te Iho Tāngaengae, as acknowledged by the Crown, of the connection and relationship of Ngā Iwi o Taranaki with their Tūpuna Maunga and Te Kāhui Tupua. Te Pūeatanga ki te Ao Clauses 4 to 6 record in te reo Māori and English the summary of the historical account, the acknowledgements by the Crown, and the apology given by the Crown to Ngā Iwi o Taranaki in Te Ruruku Pūtakerongo, the collective redress deed. Purpose provision Clause 7 states the purpose of the Bill.
Interpretation provisions
Clause 8 provides that the Bill is to be interpreted in a manner that best furthers the agreements set out in Te Ruruku Pūtakerongo. Clause 9 defines certain terms used in the Bill and clause 10 defines Ngā Iwi o Taranaki, the group of iwi with whom the agreements have been made that are set out in Te Ruruku Pūtakerongo and this Bill.
Other matters
Clauses 11 to 14 provide for the following matters relevant to the interpretation and implementation of the Bill: the Bill when enacted will bind the Crown (clause 11): the provisions of the Bill take effect on the effective date, unless a provision of the Bill states otherwise (clause 12): the Bill overrides the rule under trust law that limits the life of a trust and of any documents that give effect to an agreement (clause 13): the Bill requires the chief executive of the Office for Māori Crown Relations—Te Arawhiti to make copies of Te Ruruku Pūtakerongo available for inspection free of charge, and for purchase at a reasonable price, at the head office of the Office for Māori Crown Relations—Te Arawhiti in Wellington on any working day. Te Ruruku Pūtakerongo must also be made available free of charge on an Internet site maintained by or on behalf of the Office for Māori Crown Relations—Te Arawhiti (clause 14). In clause 15, the Bill sets out the limits to the effect of the Bill and Te Ruruku Pūtakerongo, including that neither the Bill nor Te Ruruku Pūtakerongo, unless expressly provided otherwise,— limits the relationship of Ngā Iwi o Taranaki in respect of Te Kāhui Tupua, including in relation to any extant customary rights; or displaces or diminishes the role of an iwi or a hapū of Ngā Iwi o Taranaki in relation to Te Kāhui Tupua; or applies to the coastal marine area, except as provided in clauses 3, 17, 19, and 52; or limits any existing private property rights, or affects rights or interests in water, wildlife, fish, aquatic life, or plants, or affects the application of any legislation. Clause 16 excludes the jurisdiction of the courts, tribunals and other judicial bodies to inquire or further inquire into, or make finding or recommendations in relation to Te Ruruku Pūtakerongo, the Bill, or the recress provided under either. this does not exclude the jurisdiction in relation to interpreting or implementing the redress provided under those instruments.
Part 2 Te Kāhui Tupua
Subpart 1—Te Kāhui Tupua and Ngā Pou Whakatupua Subpart 1 (clauses 17 to 21), recognises the status of Te Kāhui Tupua as a legal person, its rights, powers, and duties being exercised and performed on its behalf and in its name by Te Tōpuni Kōkōrangi. Clause 19 sets out Ngā Pou Whakatupua, the intrinsic values associated with Te Kāhui Tupua. Clauses 20 and 21 provide for the relationship of the Bill and Te Ruruku Pūtakerongo with the National Parks Act 1980, Conservation Act 1987, and Resource Management Act 1991, and for the status of these when persons are acting under conservation of other legislation in rleation to land in Te Papa-Kura-o-Taranaki or the surrounding land (as defined in clause 17). Subpart 2—Official geographic names Clauses 22 to 26 provide for the official geographic name of the national park in which ngā maunga are situated to change to Te Papa-Kura-o-Taranaki and the names Mount Egmont and Mount Taranaki to change to Taranaki Maunga.
Part 3 Te Tōpuni Kōkōrangi
Subpart 1—Te Tōpuni Kōkōrangi: establishment, purpose, functions, and powers Clauses 27 to 30 establish Te Tōpuni Kōkōrangi as a statutory body, with the purpose of being the human face and voice of Te Kāhui Tupua. These clauses set out the capacity and powers of Te Tōpuni Kōkōrangi for the purpose of achieving its purpose. The essence of its functions (clause 29) is to act and speak for Te Kāhui Tupua, upholding the status, values, and interests of Te Kāhui Tupua. Clauses 31 to 34 set out the requirements for the membership of Te Tōpuni Kōkōrangi and for the decision-making powers of its members. Clauses 35 and 36 deal with where responsibility lies for certain liabilities arising in respect of Te Papa-Kura-o-Taranaki, and clause 37 establishes, in Schedule 2, further provisions relevant to the establishment and administration of Te Tōpuni Kōkōrangi. Subpart 2—Name of Te Kāhui Tupua protected Clause 38 makes provision for the protection of the name Te Kāhui Tupua, and any intellectual property in the name. Subpart 3—Te Papa-Kura-o-Taranaki place section in conservation management strategy Clauses 39 and 40 make provision for the conservation management strategy relating to Te Papa-Kura-o-Taranaki to acknowledge and uphold the status of Te Kāhui Tupua and Ngā Pou Whakatupua (values).
Part 4 Asset management
The scheme for asset management (clauses 41 to 51) supports the right of Te Kāhui Tupua to own assets. The Bill requires assets owned by Te Kāhui Tupua to be managed on behalf of Te Kāhui Tupua by an asset management company, which Te Tōpuni Kōkōrangi is empowered to set up under the Companies Act 1993. In the operation of the company, Te Tōpuni Kōkōrangi must act as the representative of the sole shareholder, Te Kāhui Tupua. The constitution will have to meet the requirements of the Companies Act 1993 and the matters itemised in clause 44. Clause 45 provides that Te Tōpuni Kōkōrangi does not need to comply with certain requirements of the Companies Act 1993. Other matters covered include how assets are to be administered, how funding is to be applied, and the reporting and accountability requirements (clauses 46 to 50). Clause 51 sets out the process to be adopted if the asset management company is dissolved under the Companies Act 1993.
Part 5 Standing, status, and taxation matters applying to certain entities under this Act
Part 5 covers the standing of Te Tōpuni Kōkōrangi and the trustees of Te Tōpuni Ngārahu as having an interest in Te Kāhui Tupua in relation to matters arising under the Local Government Act 2002 or the Resource Management Act 1991 for purposes such as making submissions or the right to be heard, or in relation to matters arising under Te Ture Whenua Maori Act 1993 or the Charities Act 2005 (clauses 52 to 54). Clause 55 provides for the taxation status of Te Tōpuni Kōkōrangi and any asset management company set up and operating in accordance with this Bill. Clause 56 amends the Income Tax Act 2007 by inserting 4 new sections into that Act. New section CH 11B states that a tax liability arises if Te Tōpuni Kōkōrangi incurs expenditure on behalf of Te Kāhui Tupua for purposes outside the scope and effect of Part 3 of the Bill (unauthorised expenditure). A tax liability arises under new section CH 11C for the asset management company in respect of expenditure outside the purpose of the company (unauthorised expenditure), as provided for in clause 42. New sections CW 40D and CW 40E of the Income Tax Act 2007 provide an income tax exemption for each of the 2 entities, Te Tōpuni Kōkōrangi and the asset management company. The exemption applies to income, except to the extent that the income is applied (referred to as “expenditure” in new sections CH 11B and CH 11C) for, or to, a purpose that is outside the scope of Part 4 (in the case of Te Tōpuni Kōkōrangi) or clause 42 in the case of the asset management company. Expenditure applied for purposes outside those set in Part 4 or clause 42 is to be treated as income in the hands of Te Tōpuni Kōkōrangi or the asset management company respectively.
Part 6 Land and minerals
Clause 57outlines the contents of Part 6. Subpart 1—Vesting of land and minerals Vesting of Te Whenua Taketake Clause 58 vests the Crown-owned land in the existing national park (as described in Schedule 1) in Te Kāhui Tupua and declares that land, when vested, to be a national park with the official geographic name Te Papa-Kura-o-Taranaki. The land is to be held as Te Whenua Taurikura (that is, land held in the name of Te Kāhui Tupua as part of the national park). Clause 59 provides that Te Whenua Taurikura is inalienable, unless provided otherwise in the Bill.
Vesting of certain minerals
Clause 60 overrides section 11 of the Crown Minerals Act 1991 to provide that the vesting of Te Whenua Taketake by clause 58 includes Crown-owned taonga tūānuku and industrial rocks and building stones (“certain minerals”) within that land. Clause 61 provides for the registration in the name of Te Kāhui Tupua of the land vested by clause 58, subject to the completion of any necessary survey. The record of title must be created within 24 months of the effective date (40 working days after the Bill comes into force). Subpart 2—Acquiring land for, and adding land to, Te Papa-Kura-o-Taranaki Land or interests in land acquired for Te Papa-Kura-o-Taranaki Clauses 62 and 63 set out the process to apply if the Director-General of Conservation is considering adding Crown-owned land to, or acquiring private land or an interest in private land for, Te Papa-Kura-o-Taranaki. Clause 64 provides for the vesting of Crown-owned land in Te Papa-Kura-o-Taranaki by Order in Council. Clause 65 provides for the discontinuance of the official geographic names of Crown protected areas whose fee simple estate is vested in Te Kāhui Tupua. Clause 66 enables Te Whenua Tupu (land held in the name of Te Kāhui Tupua but not part of Te Papa-Kura-o-Taranaki) to be added to Te Papa-Kura-o-Taranaki by Order in Council and held under the Bill as Te Whenua Taurikura (land held in the name of Te Kāhui Tupua as part of Te Papa-Kura-o-Taranaki).
Minerals
Clause 67 provides for certain Crown-owned minerals that form part of the land vested under clause 64 or added to Te Papa-Kura-o-Taranaki under clause 66 to be included in that vesting or addition.
Registration
Clause 68 provides for the registration of any land to be added to Te Papa-Kura-o-Taranaki, as described in an Order in Council under clause 64 or 66. Subpart 3—Te Whenua Tupu Clauses 69 to 73 provide for the asset management company to exercise the role of the registered owner of Te Whenua Tupu including, in clauses 71 and 72(2), the company’s role in acquiring or alienating any land within the meaning of Te Whenua Tupu or transferring such land to the Crown or a third party. Subpart 4—Land excluded from Te Papa-Kura-o-Taranaki Clauses 74 to 77 provide for the exclusion of land from Te Papa-Kura-o-Taranaki, vesting of that land in the Crown or a third party, and for its registration, including requiring a new record of title. Subpart 5—Provisions applying to certain land and improvements Land or interests in land not added to Te Papa-Kura-o-Taranaki Clause 78 covers how land or interests in land are acquired for, but not added to, Te Papa-Kura-o-Taranaki. Clauses 79 to 82 set out the effect on existing interests in, and improvements on or attached to, land that becomes part of Te Papa-Kura-o-Taranaki under the Bill. Clause 83 preserves the effect of existing bylaws and other statutory requirements applying to Te Whenua Taketake. Those matters apply subject to this Bill and the National Parks Act 1980 on and after the effective date. Clause 84 provides for the instruments documenting interests in land to be registered. Subpart 6—Protections under Crown Minerals Act 1991 Clauses 85 to 89 set up certain protections applying to Te Whenua Taurikura under the Crown Minerals Act 1991. Clause 89 requires joint decision making by Te Tōpuni Kōkōrangi and the Minister of Conservation (the Minister) for decisions on interests in Te Whenua Taurikura that would otherwise be made by the Minister under Part 3B of the Conservation Act 1987 or under the National Parks Act 1980. Subpart 7—Miscellaneous Clauses 90 and 91 deal with the application of certain enactments to Te Papa-Kura-o-Taranaki and to Te Whenua Taketake. Clause 92 provides that certain statutory memorials are not to be entered on the record of title for Te Whenua Taurikura.
Part 7 Te Papa-Kura-o-Taranaki
Subpart 1—He Kawa Ora mō Te Papa-Kura-o-Taranaki Clauses 93 to 95declare Te Tōpuni Kōkōrangi responsible for overseeing the preparation and approval of a national park management plan, He Kawa Ora, for Te Papa-Kura-o-Taranaki. The plan must be consistent with the National Parks Act 1980. Subpart 2—Operational management of Te Papa-Kura-o-Taranaki This subpart (clauses 96 to 107) sets out the matters relevant to the management of the park, including how the operational management of the park must meet the aspirations of Ngā Iwi o Taranaki for enhancement of the iwi capability to meet their responsibilities as uri of Te Kāhui Tupua. The subpart sets out the responsibility of the Director-General of Conservation to undertake management activities consistently with this Bill, Te Ruruku Pūtakerongo, the National Parks Act 1980, He Kawa Ora, and other relevant legislation or planning documents. The aspirations of Ngā Iwi o Taranaki to participate in the operational management of Te Papa-Kura-o-Taranaki are also acknowledged, including in relation to the tendering of contracts and the granting of concessions within Te Papa-Kura-o-Taranaki. Particular requirements are set out in relation to new roads, biological control organisms, the introduction of live aquatic life, and specially protected areas within Te Papa-Kura-o-Taranaki. Clauses 108 and 109 provide for certain decisions made under the Conservation Act 1987 that, despite provisions in the Bill requiring joint decision making by the Minister and Te Tōpuni Kōkōrangi, are the sole responsibility of the Minister.
Part 8 Redress to assist Ngā Iwi o Taranaki to reconnect with Tūpuna Maunga
Subpart 1—Taonga tūturu Clauses 110 to 112 provide for how newly found taonga are to be dealt with for the purposes of the Protected Objects Act 1975. Subpart 2—Cultural materials This subpart (clauses 113 to 119) provides for members of Ngā Iwi o Taranaki to be authorised to take or possess certain cultural materials. It requires the trustees of Te Tōpuni Ngārahu and the Director-General of Conservation to work together to prepare and review a cultural materials plan that regulates the taking and possessing of cultural materials. However, the Crown’s powers, functions, and duties under the Crown Minerals Act 1991 are not restricted by the provisions of the subpart.
Part 9 Governance and other matters
Subpart 1—Dissolution of Taranaki Māori Trust Board Clauses 120 to 123 provide for— the Taranaki Māori Trust Board (the Trust Board) to be dissolved on the latest of 5 specified events; and the Taranaki Māori Educational Trust to be dissolved on the same day as the Trust Board is dissolved; and the reporting requirements for the Trust Board; and the matters not affected by the provisions of this subpart. Subpart 2—Repeals and consequential amendments Clause 124 repeals the Mount Egmont Vesting Act 1978 on the day on which the Bill comes into force under clause 2. Clause 125 amends the Maori Trust Boards Act 1955 by providing for the removal of a reference to the Taranaki Māori Trust Board from that Act. Clause 126 provides for the consequential amendment of certain legislation in the manner set out in Schedule 5.
Schedules
There are 5 schedules as follows: Schedule 1 records the legal description of Te Whenua Takatake: Schedule 2 sets out provisions relating to the establishment and administration of Te Tōpuni Kōkōrangi: Schedule 3 sets out further requirements for preparing and approving He Kawa Ora for Te Papa-Kura-o-Taranaki: Schedule 4 deals with how decisions are to be made on applications for concessions and other authorisations relevant to interests in Te Whenua Taurikura: Schedule 5 provides for how certain legislation is to be consequentially amended.
