Learn about the key aspects of the Te Atiawa claims settlement right of first refusal (RFR).
This page is also available for download (PDF).
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.
The Te Atiawa area of interest
Te Atiawa is one of the eight iwi in the Taranaki region. The rohe of Te Atiawa extends from Te Rau o Te Huia along the coast to the Herekawe Stream, inland to Tahuna Tutawa, east to Whakangerengere, northeast to Taramoukou, and north back to Te Rau o te Huia.
The map below provides an indication of the area of interest for Te Atiawa, but is not a depiction of any RFR area.
Settlement summary
Te Atiawa received redress through its Treaty settlement with the Crown.
Iwi: Te Atiawa
Deed of Settlement signed: 9 August 2014
The Deed was amending during the settlement process.
Settlement Date: 23 February 2017
Legislation: Te Atiawa Claims Settlement Act 2016 (“the Act”)
RFR provisions: The RFR provisions are covered by sections 86-116 and Schedule 4 of the Act.
Offer made to: The RFR offer is in favour of the trustees of one or both trusts (“offer trusts”), depending on the category of RFR land that applies to particular land
Categories of RFR land: Exclusive RFR land and non-exclusive RFR land
RFR period: 172 years from the settlement date for both categories of RFR land (expires in 2189)
RFR memorials: Yes
Definition of RFR land
Section 87 of the Act defines RFR land included in the settlement and sets out the categories of RFR land. The RFR landowner will need to confirm which category of RFR land applies to particular land.
Under the settlement there are two categories of RFR land applicable to Te Atiawa:
Exclusive RFR land to Te Atiawa (the land listed in Part 3 of the Attachments to the Deed of Settlement that, on settlement date, was vested in or held in fee simple by the Crown).
Non-exclusive RFR land shared between Te Atiawa and Taranaki Iwi ( the area shown on SO 477762 in Part 4 of the attachments to the Deed of Settlement that, on settlement date, was vested in or held in fee simple by the Crown, or was a Crown-derived reserve vested in an administering body that would revert to the Crown).
Deed of Settlement - Attachments
RFR land also includes land obtained in exchange for a disposal of RFR land under specified sections. This is set out in section 87(1)(c) of the Act.
Disposals
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.
Preliminary notice
There is a preliminary notice requirement only for non-exclusive RFR land. An RFR landowner is required to notify the relevant offer trusts of the potential disposal of such land where they may ultimately be required for make an RFR offer.
Section 109 of the Act specifies the timing for when in a disposal process this preliminary notice must be given.
Offering the land
The RFR offer to the trustees of one of both offer trusts 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
- which category of RFR land applies.
Expiry date of offer
The RFR offer expires on or after 40 working days after the day the offer trust receives the offer. However, a shorter expiry date of on or after 20 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.
Shared RFR offers
In the case of non-exclusive RFR land, an RFR landowner must offer the land to the trustees of more than one offer trust. Shared RFR offers are made simultaneously to each relevant offer trust. A contract for disposal can only be entered into with one of the offer trusts.
If the trustees of both offer trusts seek to accept the offer, the RFR landowner has 10 working days to notify the trustees of those two offer trusts. This notice must identify the trusts which have sought to accept the offer and state that the offer may be accepted by only one offer trust before the end of the 20th working day after the day on which the RFR landowner’s notice is received.
The onus is on the offer trusts to resolve which of them will accept the offer before the additional 20 working day period expires.
Subsequent disposal process
If the offer trusts 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 offer trusts,
- the land is being disposed of within 2 years after expiry of the RFR offer and
- the offer trusts that were offered the land 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 89 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.
Exempted disposals
Certain disposals can occur without making an RFR offer. These exempted disposals are set out in sections 95-104 of the Act.
The relevant offer trusts 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.
RFR Memorials
All records of title for RFR land must be noted with a memorial protecting the offer trust’s interest.
If an RFR landowner creates a new record of title for an RFR property, 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.
Contact details
For more information about the Te Atiawa claims settlement contact:
Te Kotahitanga o Te Atiawa Trust
PO Box 1097
Taranaki Mail Centre
NEW PLYMOUTH 4340
Te Atiawa Trust website
Land Information New Zealand
PO Box 5501
WELLINGTON 6145
Land Information New Zealand website
Te Arawhiti – The Office for Māori Crown Relations
SX10111
WELLINGTON 6011
Te Arawhiti website
Related Content
Te Kāhui Māngai (Directory of Iwi and Māori Organisations) website
LINZ information on rights of first refusal