Learn about the key aspects of the Hineuru claims settlement right of first refusal (RFR). Note: this is a guide only and agencies must comply with the requirements of the Deed of Settlement, legislation and any relevant LINZ standards.
The following has been developed in collaboration with Te Arawhiti.
Hineuru is an iwi based north-west of Napier whose area of interest extends into the Hawke’s Bay region.
The map below provides an indication of the area of interest for Hineuru, but is not a depiction of any RFR area.
Hineuru received redress through its Treaty settlement with the Crown.
|Deed of Settlement signed|
2 April 2015
The Deed was amended during the settlement process.
|Settlement date||2 August 2016|
|Legislation||Hineuru Claims Settlement Act 2016 (“the Act”)|
The RFR provisions are covered by sections 107-135 and Schedule 4 of the Act.
|Offer made to||The RFR offer is in favour of the trustees of the Te Kōpere o te iwi o Hineuru Trust (“the trustees”)|
|RFR period||174 years from the settlement date (expires in 2190)|
Section 108 of the Act defines RFR land included in the settlement. It includes all the land listed in Part 4 of the attachments to the Deed that was vested in or held in fee simple by the Crown on the settlement date.
A property at Waitara Road, Waimahanga may also be RFR land. The property is described in Subpart 4 of Part 3 of the Property Redress Schedule. When this land would be included in RFR land is set out in section 108(1)(b) of the Act.
RFR land also includes land obtained in exchange for a disposal of RFR land under specified sections. This is set out in section 108(1)(c) of the Act.
The RFR obligation arises for any disposal that:
- transfers or vests the fee simple estate in the land, or
- grants a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer.
There is no requirement to give preliminary notice of a disposal in this settlement.
Offering the land
The RFR offer to the trustees needs to include the terms of the offer, including:
- the expiry date
- the legal description and street address of the land
- any interests affecting the land
- contact details for the trustees to respond to.
Expiry date of offer
The RFR offer expires on or after 20 working days after the day the trustees receive the offer. However, a shorter expiry date of on or after 10 working days after the day on which an offer is received applies for any subsequent offers where the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer.
Subsequent disposal process
If the trustees do not accept an offer, or the offer period expires, the RFR landowner can dispose of the land provided that:
- the subsequent disposal is not on more favourable terms than those offered to the trustees
- the land is being disposed of within 2 years after expiry of the RFR offer and
- the trustees are notified of the proposed disposal at least 20 working days before the disposal occurs.
This notification must provide details of the disposal, including the name of the person to whom the land is being disposed of and an explanation of how the disposal complies with section 109 of the Act, and a copy of the written contract to demonstrate that the subsequent disposal is not on more favourable terms than the RFR offer.
Certain disposals can occur without making an RFR offer to the trustees. These exempted disposals are set out in sections 115-124 of the Act.
The trustees must be notified of the proposed exempted disposal at least 20 working days before the disposal occurs, including an explanation of why the disposal is exempted under the settlement.
All records of title for RFR land must be noted with a memorial protecting the Trust’s interest.
If an RFR landowner creates a new record of title for an RFR property after settlement date, the landowner must advise LINZ as soon as possible so LINZ can place a memorial noting the RFR on the title.
In certain cases, the RFR landowner must seek a certificate from LINZ, requesting the removal of the RFR memorial, before a transfer can occur.
For more information about the Hineuru claims settlement contact:
Te Kōpere o te iwi o Hineuru Trust
PO Box 4626
MT MAUNGANUI SOUTH 3149
Hineuru Iwi Trust website
Land Information New Zealand
PO Box 5501
Land Information New Zealand website
Te Arawhiti – The Office for Māori Crown Relations
Te Arawhiti website