Ture Whenua Maori Bill progresses to the House   14 Apr 2016

Hon Te Ururoa Flavell

Te Minita Whanaketanga Maori

Minister for Maori Development

14 April 2016 Media Statement

Ture Whenua Maori Bill progresses to the House

Maori Development Minister Te Ururoa Flavell will introduce Te Ture Whenua Maori Bill into Parliament. His decision comes after giving full consideration to the Waitangi Tribunal report released in March and taking extensive advice.

“I thank the Tribunal for its report He Kura Whenua ka Rokohanga and its recommendations. I have read the final report fully and believe that the issues raised in the Tribunal’s recommendations have been addressed or will be addressed as part of the reform programme,” says Mr Flavell.

The Tribunal recognised that both Maori and the Crown instigated and shaped the 2013 reform proposal for Maori land law that has led to the current review and that concerns were raised by Maori land owners as far back as 1998.

On the question of whether there is sufficient support from Maori for the Bill, Mr Flavell believes there is broad-based support for the Bill to be introduced.

“After canvassing a wide range of views on the Bill and the progress we have made on other aspects of the reform, I am confident there is general support from Maori for the Bill to go into the House. Unlike most Bills, people have had the opportunity to see it and make submissions on the exposure draft before it has been introduced into the House. The Tribunal was also provided with a further revised draft,” he says.

Since the Tribunal hearing there has been ongoing hui with representative groups of Maori land owners as well as a further 22 public information hui and 14 wananga around the country.

"I have also received formal support from the independent Ministerial Advisory Group, Iwi Chairs, the Federation of Maori Authorities, Te Tumu Paeroa and individual Maori land trusts, both large and small, who want the Bill to move forward.

"Their key concerns are ensuring that we maintain momentum for the reform and that outstanding issues are addressed during the parliamentary process including at the Select Committee stage.”

In the Tribunal’s view, empirical research on the short-comings of the current Act governing Maori land law was required before proceeding with the reform.

Mr Flavell doesn’t believe additional evidence is needed to justify changing the Ture Whenua Maori Act 1993.

“As the Tribunal itself found, the reform proposals arose out of dialogue between Maori and the Crown, dating back at least 18 years. Since then, there have been numerous reviews, reports, submissions, wananga and hui that highlight the same consistent themes. The Tribunal dedicated much of their report to outlining the history of the Maori land law and the efforts to change it.

Maori land owners want greater autonomy to make their own decisions, they want more support to develop their land and they want to protect their land for future generations. These fundamental concepts form the basis of this Bill and the broader reform programme.”

The Tribunal report also recommends that the Crown collaborate with Maori on the development of the proposed Maori Land Service.

“The intention has always been that the detailed design of a Maori Land Service can only happen with the involvement of Maori land owners and this will take place during 2016,” he says.

Te Puni Kokiri will undertake nationwide wananga into the development of the Maori Land Service later this year.

“This is another opportunity for Maori to be involved in shaping an important component of the reform. It must be fit for purpose and land owners can assist here. The Maori Land Service will provide a one-stop shop for Maori land owners with the information they require to make decisions about their land and will provide practical support.”

The Maori Land Service will take over some of the administrative functions of the Maori Land Court while adding new services like assisting Maori land owners to transition to better governance structures under the new Act.

Under the Ture Whenua Maori Bill, the Maori Land Court remains the primary judicial institution on Maori land law and it has an important ongoing role in the retention and protection of Maori land.

The Waitangi Tribunal urges the Crown to continue work on pressing issues such as rating, valuation, landlocked land, paper roads and the impact of the Public Works Act on Maori land.

Since Mr Flavell took over the reform of Ture Whenua in November 2014, work on these long-standing barriers to better utilising Maori land has continued. In February, the Maori Development Minister announced changes to the valuation and rating regime for Maori land.

“Work on other significant barriers to using Maori land such as paper roads and landlocked land will also occur this year in tandem with the Bill’s progress through the House.”

Most of the specific recommendations on the draft Bill considered by the Tribunal concern protecting the interests of all Maori land owners and the role of the Maori Land Court. For more information on how the matters raised by the Waitangi Tribunal have been dealt with or will be addressed, see attached reference notes.

Mr Flavell says the Ture Whenua reform programme which includes the development of the Maori Land Service, the legislative review and the Whenua Maori Fund will change the way Maori interact with their land now and in the future.

“This Bill is hugely important to Maori and I am committed to ensuring it fulfils its promise as an enabling piece of legislation for generations to come.”

You can find out more information about the Ture Whenua Maori review at www.tpk.govt.nz

Te_Ture_Whenua_Maori_Reform_Reference_Notes.pdf

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