LINZ's Role in Treaty Settlements

The role of Land Information New Zealand (LINZ) in the Treaty of Waitangi claim settlement process has changed significantly over the last four years. These changes have occurred partly as a result of changes in the settlement process itself, but more particularly as a consequence of LINZ's own internal restructuring over this period. For example the termination of its service delivery function and the out-sourcing of much of its land status investigative work has reduced the department's capacity to undertake much of the work, including the due diligence process, which it undertook in the course of earlier settlements, such as the Tainui and the Ngai Tahu settlements.

Today LINZ continues to play a significant role in the formulation of claim settlement policy, and a supporting role within the context of claim settlement negotiations. It also continues to play a significant role in ensuring the transfer of Crown-owned land and forests under the settlement process.

In most Treaty of Waitangi claims land is a major, if not the major, issue. This is partly for economic reasons. However in claim settlements the return of tribal land is an event of major cultural and spiritual significance. Moreover successive governments have strictly applied the rule that only Crown-owned land is available for use as Treaty redress. As the Crown's principal land-owning and administering agency it is therefore not surprising that LINZ has been very involved in the development of creative approaches to the use of land for Treaty settlement purposes. For example LINZ has played a major role in the development of new forms of title, more consistent with customary forms of land tenure, for inclusion in treaty settlements. It has also been involved in the development of concepts such as the nohoanga and 'Fenton' camping sites, and in the development of arrangements which have enabled vast tracts of land, particularly in the south island high country, to be vested in local iwi without limiting the access to or enjoyment of these areas by the general population. LINZ expertise has also been called on to help to develop processes for giving iwi rights of first refusal over Crown-owned properties, in the event that such properties become surplus to requirements some time in the future. And we are continuing to be called on to assist in resolving complex issues such as those surrounding rivers and lakes and other natural resources, where these are brought into claims negotiation 'packages'.

LINZ no longer undertakes land status investigations or due diligence processes associated with the preparation of land for disposal. This work is now undertaken by suppliers employed by vendor agencies. LINZ has a panel of accredited suppliers and its list of accredited suppliers is made available to agencies on request. When a Crown-owned property is actually declared to be surplus LINZ is then required to carry out a statutory investigation to determine whether the property concerned must first be offered back to former owners, before becoming available for disposal either under the Treaty process or otherwise.

An important aspect of the claim settlement process is the drafting of an appropriate Deed of Settlement and appropriate legislation. In some instances these documents have extended to several volumes involving details of contractual commitments and numerous schedules of detailed information concerning specific sites, land areas, reserves and place-names. They also contain protocols governing aspects such as historical and cultural sites, marine resources, indigenous species etc. LINZ has a particular obligation, during the drafting process, to ensure that arrangements for the transfer of land are consistent with the requirements of the Land Transfer Act or at least are in a form which will enable the Registrar-General of Land to effect the required transfers and inscribe any necessary memorials on titles. It is also necessary to ensure that any plans or surveys required comply with the requirements of the Survey Act, and that new or amended place names are consistent with the standards established by the New Zealand Geographic Board under the New Zealand Geographic Board Act. Discussing and amending draft deeds and draft legislation is tedious and time-consuming, but of critical importance to the eventual successful implementation of a Treaty claim settlement.

LINZ also has a role as a vendor agency or landowner. This function is managed through the Crown Property Management Group. For an explanation of the group see What is Land Information New Zealand's Role with Lands of the Crown and Crown Land.

LINZ has on-going responsibilities during the implementation of Treaty settlements. Most of these responsibilities relate to the preparation of properties for transfer to claimants or in some cases for conversion to reserves; and then to the registration or in some cases memorialising of certificates of title. Usually the parameters for this work, including timelines, are explicitly prescribed, and there is a risk of further Treaty breaches being alleged if, for any reason, the Crown fails to deliver on time.

What is LINZ's Role With Lands of the Crown and Crown Land?

Introduction

The Chief Executive of Land Information New Zealand and the Commissioner of Crown Lands together administer approximately 3 million hectares, or 11% of New Zealand's land area. This land is either Crown land under the Land Act 1948 or falls into the category of lands of the Crown.

This land is also known as land on the Land Information New Zealand Crown Balance Sheet. It is managed by The Crown Property Management Group within Land Information New Zealand via a series of delegations from the Commissioner of Crown Lands or the Chief Executive of Land Information New Zealand. The group's role is to manage, administer and dispose of this land to the private sector, territorial local authorities, Maori (for Treaty of Waitangi settlements) or to the Conservation Estate, as appropriate. The Crown Property Management Group also administers the Crown Forestry Licence Portfolio.

What are Lands of Crown?

Lands of the Crown is a collective term to describe land held by Land Information New Zealand under the Public Works Act (Public Works Act land), the New Zealand Railways Restructuring Act (railways land) and the Crown Forests Assets Act 1989. The legislative responsibility resides with the Minister of Lands and the Chief Executive of Land Information New Zealand. Both may delegate functions within Land Information New Zealand.

What is Crown Land?

Crown Land is land administered under the Land Act 1948 and the Crown Pastoral Land Act 1998. The legislative / statutory responsibility resides with the Commissioner of Crown Lands, a statutory officer within Land Information New Zealand. The Commissioner of Crown Lands may also delegate his functions to officers within Land Information New Zealand.

What is LINZ's role with Lands of the Crown?

1. Land Information New Zealand has a regulatory role to ensure compliance with the statutes and government directives that are relevant to its functions. The Chief Crown Property Officer is responsible for administration of the regulatory matters to do with these lands.
   
   
2. Land Information New Zealand administers the Public Works Act 1981. This Act provides the authority for over 220 government departments and Crown agencies to purchase land for public works (through Land Information New Zealand). The Act also authorises the Chief Executive of Land Information New Zealand to dispose of Public Works Act land held by all Crown agencies, once it has been declared surplus to their requirements.
   
   
3. Land Information New Zealand administers the Crown Forestry Licence Portfolio. This portfolio results from a 1989 Crown decision to sell the Crown forests, but retain the land, and licence its use to the forest owners.
   
   
4. Private sector contractors and Accredited Suppliers carry out the operational work needed for acquisition and disposal of lands of the Crown, under a government direction that this work be out-sourced. The taking of statutory decisions and the signing of legal documents is retained in-house and undertaken by staff of the Chief Crown Property Officer under delegation

Accredited Suppliers

The Chief Crown Property Officer maintains a Crown Property Framework. This consists of:

• An Accreditation System to provide the Chief Crown Property Officer with an assurance that persons who supply work for the Crown, are competent to do so. This is important because work undertaken by Accredited Suppliers, that leads up to statutory decision making, needs to be done competently to avoid risk to the Crown.

• A Technical Policy Preparation Service. The Chief Crown Property Officer provides technical policies for operational issues relating to lands of the Crown. This is done both for Accredited Suppliers and for matters internal to the Chief Crown Property Officers operating environment related to Crown land. A specialist Technical Policy Team develops these policies and also maintains the Accreditation System.

• A Standards and Guidelines Preparation Service. The Chief Crown Property Officer provides standards and guidelines which are the rules of operation for Accredited Suppliers and Crown Property Management contractors. These standards cover issues that must be considered when Accredited Suppliers and contractors undertake their work. They also set the standards that must be met. A specialist Standards Team develops these standards.

• A Statutory Clearances Service. The Chief Crown Property Officer's Clearances Team undertakes quality assurance checks on reports and recommendations supplied by Accredited Suppliers. If in order, the team members take any statutory decisions and sign any legal documents that are required. The team operates under delegations from the Minister for Land Information and the Chief Executive of Land Information New Zealand.
  

What is Land Information New Zealand's role with Crown Land?

The Crown Property Management Group within Land Information New Zealand undertakes the administration and management functions under the Land Act 1948 and the Crown Pastoral Land Act 1998, under delegation from the Commissioner of Crown Lands. They operate this portfolio of land by the use of contractors and Accredited Suppliers.

What is LINZ's role in the Acquisition of Land?

Land Information New Zealand acquires land for Crown purposes in two ways.

The Chief Crown Property Officer has prepared a booklet called A Guide to Landowner's Rights. This explains the acquisition and compensation provisions of the Public Works Act in more detail.

The Land Act 1948 provides for the Commissioner of Crown Lands (with the consent of the Minister for Land Information) to purchase land by negotiation. The Land Act is used to purchase land for settlement purposes, for land liabilities management and for other miscellaneous purposes. An example of a miscellaneous purpose is where the Office of Treaty Settlements requests the Commissioner of Crown Lands to acquire land for treaty settlement purposes.

The Crown Pastoral Land Act 1998 provides for a review of tenure of Crown pastoral leases. The Crown's desired objectives are to return land with inherent (conservation) values to full Crown ownership and control, in exchange for freeholding remaining commercial land. This is a voluntary process that returns land to direct Crown ownership and control. Up to one million hectares (or 40% of this estate) could be restored to the Conservation Estate under this process.

What is LINZ's role in the Disposal of Lands of the Crown?

• Land Information New Zealand administers the disposal of surplus land held under the Public Works Act 1981, and the New Zealand Railways Restructuring Act 1993.
• Accredited Suppliers undertake the necessary investigations that lead up to statutory decisions being taken and they prepare land for sale. If there is a statutory obligation to offer land back to former owners, Clearances will authorise those offers and execute transfers to new land owners when a sale is concluded.

What is LINZ's Role in the Disposal of Crown Land?

The Land Act authorises the Commissioner of Crown Lands to allot Crown land to applicants without competition or by public application, or to transfer Crown land to the Department of Conservation as reserve. This work is delegated to Land Information New Zealand's Crown Property Management Group.