Post-settlement Governance Entities (Exemption from Jurisdiction of Māori Land Court) Bill

Post-settlement Governance Entities (Exemption from Jurisdiction of Māori Land Court) Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT The purpose of the Bill is to exempt from the supervisory jurisdiction of the Māori Land Court specified post-settlement governance entities ( PSGE ), trusts controlled by the PSGE, and hapū trusts to which the PSGE has transferred settlement land, while also preserving the ability of an exempt trust to access the court’s dispute resolution processes by mutual agreement. This exemption of the named PSGEs is consistent with the intention of each of the PSGEs named in Schedule 2. Due to the nature of settlement redress and the intention of the PSGEs post-settlement governance arrangements, PSGEs named in Schedule 2 also had the opportunity to elect to exempt hapū trusts that the PSGE has transferred redress land to. The varied governance arrangements between hapū trusts and PSGEs requires case by case assessments before they are exempted from the supervisory jurisdiction of the Māori Land Court. Only the hapū trusts of PSGEs that have confirmed their wishes for its hapū trusts to be exempted and are satisfied that being made exempt is in alignment with the view of the relevant hapū will be exempted upon enactment of this Bill. This exemption of hapū trusts for these PSGEs is indicated in Schedule 2. Sections 237 to 245 of Te Ture Whenua Maori Act 1993 (the Act ) confer on the Māori Land Court broad supervisory jurisdiction over Māori land trusts and trusts constituted in respect of general land owned by Māori (as defined in section 4 of the Act). However, under the PSGE framework, it was not intended by the Crown that this supervisory jurisdiction would extend to PSGEs, particularly given the predominance of general land transferred through settlements. Applying this jurisdiction to PSGEs, contrary to that original intent, has the potential to impede post-settlement development, including the effective use of collective assets. Accordingly, the Bill provides for the exemption of each specified PSGE from sections 237 to 245 of the Act, including trusts controlled by those PSGEs and the hapū trusts of specified PSGEs, and lists the exempt trusts in Schedule 2. The Bill also authorises that other PSGEs, and certain other hapū trusts or other trusts that receive, or will receive, Treaty of Waitangi settlement redress can be added to the schedule by Order in Council. This provides for PSGEs to be added in the event that they were unable to make a formal decision within the specified time frame (for example, due to trustee elections, etc). Once a PSGE has followed their relevant decision-making processes in accordance with their own trust deed, they can seek the recommendation of the Minister for Māori Crown Relations to be made exempt, under the Order in Council. The dispute resolution services provided under Part 3A of the Act offer an effective, no-cost, mediation service for post-settlement governance entities that choose to use them. Therefore, the Bill provides that PSGEs or other trusts listed in Schedule 2 of the Bill may, by agreement of the parties to a dispute, apply to the Registrar of the Māori Land Court to have a dispute relating to matters covered by sections 237 to 245 of Te Ture Whenua Maori Act 1993 referred to a mediator and allows for Court orders relating to the mediated resolution. Claimant groups engaged in current or future Treaty settlement negotiations have the opportunity, within their settlement negotiations, for their settlement legislation to exempt their PSGE from the supervisory jurisdiction of the Māori Land Court. DEPARTMENTAL DISCLOSURE STATEMENT Te Puni Kōkiri is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=326 REGULATORY IMPACT STATEMENT A regulatory impact statement is not required. CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 states that the Act comes into force on the day after Royal assent is given. PRELIMINARY PROVISIONS Clause 3 sets out the background litigation relating to whether the Tūhoe Te Uru Taumatua Trust is subject to the supervisory jurisdiction of the Māori Land Court under Te Ture Whenua Maori Act 1993. The clause also confirms that, under this Act, the trusts named in Schedules 2 and 3 are, at their request, exempt from that Court’s jurisdiction. Clause 4 sets out the defined terms used in the Bill. Clause 5 provides for transitional, savings, and related provisions (if any). Clause 6 provides that the Crown is bound by this Bill. EXEMPTION FROM JURISDICTION OF MĀORI LAND COURT Clause 7 overrides the statement in section 236 of Te Ture Whenua Maori Act 1993 that applies sections 237 to 245 to certain trusts, including trusts set up to hold General land owned by Māori. The clause expressly disapplies those provisions. However, in recognition that a trust may wish to use the Māori Land Court for dispute resolution purposes, clause 8 enables that use, despite the general exclusion under clause 7 . Clause 9 provides that trusts of the kinds described in this clause, if they later wish to exclude the supervisory jurisdiction of the Māori Land Court, may request an exemption by an Order in Council, subject to the consent of the Minister and the trustees of the relevant trust. There are 3 schedules as follows: Schedule 1 provides for any future transitional, savings, and related provisions: Schedule 2 lists the post-settlement governance entities that are exempt from the supervisory jurisdiction of the Māori Land Court and indicates whether the hapū trusts of those post-settlement governance entities are exempt trusts: Schedule 3 provides for the addition of other exempt trusts by Order in Council made under clause 9 . The Parliament of New Zealand enacts as follows: 1 Title This Act is the Post-settlement Governance Entities (Exemption from Jurisdiction of Māori Land Court) Act 2026 . 2 Commencement This Act comes into force on the day after Royal assent. 3 Background to this Act In 2024, in Paki Nikora and Parearau Polly Alice Nikora on behalf of Te Kaunihera Kaumatua o Tūhoe v Tāmati Kruger on behalf of Tūhoe–Te Uru Taumatua Trust [2024] NZSC 130; [2024] 1 NZLR 608, the court considered sections 236 to 245 of Te Ture Whenua Maori Act 1993 and determined that the Māori Land Court has supervisory jurisdiction over the trustees of the Tūhoe Te Uru Taumatua Trust. The court interpreted the relevant provisions of that Act, differing from the way that the respondent party to that litigation had understood those provisions. The court interpreted the wording of section 236(1)(c), a trust constituted in respect of any General land owned by Maori , as including Te Uru Taumatua because it was established as a trust to receive General land to be held for the benefit of a tribal group defined by reference to one or more tīpuna. This Act confirms that the post-settlement governance entities named in or under this Act ( see Schedules 2 and 3 ) are, at the request of each trust, exempt from the supervisory jurisdiction of the Māori Land Court under Te Ture Whenua Maori Act 1993. The Act confirms that this exemption also applies to the hapū trusts receiving Treaty settlement redress land from a post-settlement governance entity if that post-settlement governance entity has so requested. 4 Interpretation In this Act, unless the context otherwise requires,— claimant group , in relation to the definition of a post-settlement governance entity, means a group of Māori with Treaty of Waitangi claims against the Crown, whether or not those claims have been lodged with, or heard by, the Waitangi Tribunal under the Treaty of Waitangi Act 1975, and includes— a the beneficiaries of an ancillary claim, within the meaning given in section 339 of the Ngāi Tahu Claims Settlement Act 1998; and b the successors to SILNA lands, within the meanings given in section 446 of the Ngāi Tahu Claims settlement Act 1998 control , in relation to a post-settlement governance entity, means having the ability to appoint the trustees of a trust exempt trust means any of the following: a a post-settlement governance entity named in Schedule 2 or 3 : b a trust controlled by a post-settlement governance entity named in Schedule 2 or 3 : c a hapū trust, if it is indicated in Schedule 2 or 3 that the hapū trusts of a named post-settlement governance entity are exempt trusts: d a trust named in Schedule 3 General land owned by Māori has the meaning given to the term General land owned by Maori in section 4 of Te Ture Whenua Maori Act 1993 hapū trust means the trustees of a trust— a established for the benefit of 1 or more hapū of a claimant group; and b to whom a post settlement governance entity may transfer redress Māori land has the meaning given to the term Maori land in section 4 of Te Ture Whenua Maori Act 1993 post-settlement governance entity , in relation to a claimant group,— a means the trustees of a trust established for the purpose of receiving redress to settle the Treaty of Waitangi claims of the claimant group,— i by that group; or ii by or under legislation or an order of a court; and b includes a trust established to represent a collective or combination of claimant groups; and c includes a trust that replaces a trust described in paragraph (a) or (b) redress means land acquired— a as redress in settlement of Treaty of Waitangi claims, including land acquired as collective redress; or b by the exercise of rights under a Treaty settlement Act or deed of settlement. 5 Transitional, savings, and related provisions The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms. 6 Act binds the Crown This Act binds the Crown. 7 Exemption from Māori Land Court jurisdiction Despite section 236 of Te Ture Whenua Maori Act 1993, sections 237 to 245 of that Act do not apply to an exempt trust. 8 Limits to application of section 7 for purposes of dispute resolution Despite section 7 , an exempt trust may apply to the Registrar of the Māori Land Court under section 98L(2) of Te Ture Whenua Maori Act 1993 for an order referring a dispute to the Māori Land Court for mediation under Part 3A of Te Ture Whenua Maori Act 1993. If the parties enter into a mediated resolution under Part 3A of Te Ture Whenua Maori Act 1993, the Māori Land Court may, if the parties to the resolution agree, make any orders necessary under section 98S of that Act to give effect to the resolution. 9 Other post-settlement governance entities may be added to Schedule 3 The Governor-General, by Order in Council made on the recommendation of the Minister may add, in Schedule 3 ,— a the name of a post-settlement governance entity not named in Schedule 2 : b the name of a hapū trust to which a post-settlement governance entity named in Schedule 2 has transferred redress received under a Treaty settlement, as long as the hapū trust is not one constituted in respect of Māori land: c the name of a trust established to receive claim property (within the meaning of section 339 of the Ngāi Tahu Claims Settlement Act 1998) that is not declared to have the status of Māori freehold land: d the name of a trust established to receive SILNA land (within the meaning of section 446 of the Ngāi Tahu Claims Settlement Act 1998) that is not declared to have the status of Māori freehold land: e the name of a hapū trust to which a property or other redress is on-transferred under the Ngā Hapū o Ngāti Ranginui Claims Settlement Act 2025 ( see section 11 of that Act). The Minister must not make a recommendation under subsection (1) unless the trustees of the relevant trust have first given their written consent to the exemption being applied to those trustees under section 7 . In giving their consent, the trustees must also provide evidence to establish that their consent is given in a manner consistent with the process required by the trust deed constituting the trust. In this section, Minister means the Minister for Māori Crown Relations: Te Arawhiti. An Order in Council made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 1 Transitional, savings, and related provisions There are no transitional, savings, or related provisions in this Act as enacted. 2 Exempt trusts The following table lists the post-settlement governance entities ( PSGEs ) that have requested to be exempt from the supervisory jurisdiction of the Māori Land Court. The following table is medium in size and has 3 columns. Column 1 is headed Post-settlement governance entity. Column 2 is headed Relevant settlement legislation. Column 3 is headed PSGEs whose hapū trusts are exempt trusts. Post-settlement governance entity Relevant settlement legislation PSGEs whose hapū trusts are exempt trusts 1 Hineuru Iwi Trust (formerly Te Kōpere o te iwi o Hineuru Trust) Hineuru Claims Settlement Act 2016 2 Kahukuraariki Trust Ngatikahu ki Whangaroa Claims Settlement Act 2017 ✓ 3 Maungaharuru-Tangitū Trust Maungaharuru–Tangitū Hapū Claims Settlement Act 2014 4 Moriori Imi Settlement Trust Moriori Claims Settlement Act 2021 5 Ngāti Apa ki te Rā Tō Trust Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Act 2014 6 Ngāti Hauā Iwi Trust Ngāti Hauā Claims Settlement Act 2014 7 Ngāti Kahungunu ki Wairarapa Tāmaki-nui-a-Rua Settlement Trust Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Act 2022 8 Ngāti Mākino Iwi Authority Ngāti Mākino Claims Settlement Act 2012 9 Ngāti Manuhiri Settlement Trust Ngāti Manuhiri Claims Settlement Act 2012 10 Ngāti Pāhauwera Development Trust Ngāti Pāhauwera Treaty Claims Settlement Act 2012 11 Ngāti Pāhauwera Tiaki Trust Ngāti Pāhauwera Treaty Claims Settlement Act 2012 12 Ngāti Rangiteaorere Koromatua Council Ngāti Rangiteaorere Claims Settlement Act 2014 ✓ 13 Ngāti Tamaoho Settlement Trust Ngāti Tamaoho Claims Settlement Act 2018 14 Ngāti Tūrangitukua Charitable Trust Ngāti Tūrangitukua Claims Settlement Act 1999 ✓ 15 Ngāti Whātua Ōrākei Trust Ngāti Whātua Ōrākei Claims Settlement Act 2012 16 Port Nicholson Block Settlement Trust Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 17 Rangitāne o Manawatū Settlement Trust Rangitāne o Manawatū Claims Settlement Act 2016 18 Rangitāne o Wairau Settlement Trust Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Act 2014 19 Rangitāne Tū Mai Rā Trust Rangitāne Tū Mai Rā (Wairarapa Tāmaki nui-ā-Rua) Claims Settlement Act 2017 20 Raukawa Settlement Trust Raukawa Claims Settlement Act 2014 21 Rongowhakata Settlement Trust Rongowhakaata Claims Settlement Act 2012 22 Tamatea Pōkai Whenua (formerly Heretaunga Tamatea Settlement Trust Heretaunga Tamatea Claims Settlement Act 2018 23 Tapuika Iwi Authority Trust Tapuika Claims Settlement Act 2014 24 Tātau Tātau o Te Wairoa Trust Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Act 2018 25 Taumatawiwi Trust Ngāti Koroki Kahukura Claims Settlement Act 2014 26 Te Ātiawa o te Waka-a-Māui Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o te Waka-a-Māui Claims Settlement Act 2014 27 Te Kaahui o Rauru Ngaa Rauru Kiitahi Claims Settlement Act 2005 ✓ 28 Te Kāhui Maru Trust Ngāti Maru (Taranaki) Claims Settlement Act 2022 29 Te Kotahitanga o Te Atiawa Trust Te Atiawa Claims Settlement Act 2016 30 Te Manawa o Ngāti Kuri Trust Ngāti Kuri Claims Settlement Act 2015 31 Te Pātaka a Ngāti Koata Trust Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014 ✓ 32 Te Puāwaitanga o Ngāti Hinerangi Iwi Trust Ngāti Hinerangi Claims Settlement Act 2021 33 Te Pumautanga o Te Arawa Trust Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 ✓ 34 Te Roroa Manawhenua Trust and Te Roroa Whatu Ora Trust Te Roroa Claims Settlement Act 2008 35 Te Rūnanga o NgāiTakoto NgāiTakoto Claims Settlement Act 2015 36 Te Rūnanga o Ngāti Manawa Ngāti Manawa Claims Settlement Act 2012 37 Te Rūnanga o Ngā Wairiki Ngāti Apa Ngāti Apa (North Island) Claims Settlement Act 2010 38 Te Rūnanga o Ngāti Mutunga Ngāti Mutunga Claims Settlement Act 2006 39 Te Rūnanga o Ngāti Ruanui Trust Ngati Ruanui Claims Settlement Act 2003 40 Te Rūnanga o Ngāti Whare Ngāti Whare Claims Settlement Act 2012 ✓ 41 Te Rūnanga o Te Rarawa Te Rarawa Claims Settlement Act 2015 42 Te Rūnanga o Toa Rangatira Inc (Toa Rangatira Trust) Ngati Toa Rangatira Claims Settlement Act 2014 43 Te Tāhuhu o Tawakeheimoa Trust Ngāti Rangiwewehi Claims Settlement Act 2014 44 Te Tāwharau o Ngāti Pūkenga Trust Ngāti Pūkenga Claims Settlement Act 2017 45 Te Uri o Hau Settlement Trust Te Uri o Hau Claims Settlement Act 2002 ✓ 46 Te Uru Taumatua Tūhoe Claims Settlement Act 2014 ✓ 3 Trusts exempted by Order in Council made under section 9 The following table provides for the addition of other exempt trusts by Order in Council. The following table is medium in size and has 3 columns. Column 1 is headed Post-settlement Governance Entity. or other exempt trust. Column 2 is headed Relevant settlement legislation. Column 3 is headed PSGEs whose hapū trusts are exempt trusts. Post-settlement governance entity or other exempt trust Relevant settlement legislation PSGEs whose hapū trusts are exempt trusts