Today, the government released Te Ture Whenua Māori Act 1993 Review Discussion Document. 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. The discussion document seeks feedback on
five key propositions:
Proposition 1: Utilisation of Māori land should
be able to be determined by a majority of engaged owners
An engaged owner is
defined as an owner who has actively demonstrated their commitment to their
ownership interest by exercising a vote either in person or by proxy or
nominee. Engaged owners should be able to make decisions (excluding sale or
other permanent disposition) without the need for endorsement by the Māori Land
Court.
Proposition 2: All Māori land should be capable
of utilisation and effective administration
Where owners are
either not engaged or are unable to be located, an external manager
or
administrator may be appointed to manage under-utilised Māori land. The Māori
Land Court should have a role in approving the appointment and retaining
oversight of external administrators.
Proposition 3: Māori land should have
effective, fit for purpose, governance
The duties and
obligations of trustees and other governance bodies who administer or manage Māori
land should be aligned with the laws that apply to general land and corporate
bodies. There should be greater consistency in the rules and processes
associated with various types of governance structures.
Proposition 4: There should be an enabling
institutional framework to support owners of Māori land to make decisions and
resolve any disputes
Disputes relating to Māori
land should be referred to mediation in the first instance. Where the dispute
remains unresolved following mediation, it may be determined by the Māori Land
Court.
Proposition 5: Excessive fragmentation of Māori
land should be discouraged.
Succession to Māori
land should be simplified. A register should be maintained to record the names
and whakapapa of all interests in Māori land, regardless of size.
The discussion document is available here. There is to be a round of consultation hui on
this document through April and May. Written submissions are due on 17 May 2013, and
can be sent to TTWMA@tpk.govt.nz
or Te Ture Whenua Maori Act Review Panel, c/o Te Puni Kokiri, PO Box 3943,
Wellington.
