Legislation and standards
The Treaty settlement process is led by the Office of Treaty Settlements, and innovative redress mechanisms are often developed in response to specific claimants' needs. Such new mechanisms are authorised by legislation specific to each settlement.
Toitū Te Whenua must comply with legislation and standards in the Treaty settlement process.
The legislation directing our role includes:
- Treaty of Waitangi Claims Settlement Acts (per settlement)
- Crown Forest Assets Act
- Land Transfer Act
- Cadastral Survey Act.
You can find out more about the legislation we administer.
Toitū Te Whenua follows established processes for the administration and disposal of land in Treaty settlements to the extent applicable and compatible with the Treaty settlement process. These are set out in the Crown property standards and guidelines.
What we provide
The services provided by Toitū Te Whenua in Treaty settlements include:
- expert policy and land transaction advice
- regulatory decisions on Treaty settlement documents for registration
- place name changes through interaction with the New Zealand Geographic Board
- administration of land held for future settlements and disposal processes for Toitū Te Whenua land selected for settlements
- land transaction processing to implement the legal transfer of Crown-owned land and forests
- compliance planning and monitoring by cross-business group Treaty settlement committees.
Toitū Te Whenua provides policy advice on Treaty settlement redress, and technical expertise on land transactions.
Much of this work is to ensure land-related unique redress mechanisms are correctly documented, can be effectively implemented, and can therefore be applied in practice.
To find more about how we manage and regulate Crown property and land read about our Crown property role.
Toitū Te Whenua provides a regulatory role in the settlement process. This includes ensuring that the management and transfer of land is in accordance with the legislation and standards listed above or that where special provisions are required they are included in specific Treaty claim settlement acts and translated into the relevant Crown Property Standards. Crown Property Clearances authorises the placing and deletion of settlement specific memorials on records of title.
Our statutory officers include the:
Place name changes are often requested as a part of Treaty settlement redress.
The New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa (NZGB) administers the naming of New Zealand's geographic and hydrographic features.
The NZGB ensures that new or amended place names are consistent with the standards set out in the New Zealand Geographic Board Act.
Vendor agency roles
The Crown Property Management group administers Crown forestry licences over land held in trust for Treaty settlements. Rental proceeds are paid to the Crown Forestry Rental Trust (CFRT). Claimants who select Crown forest land as commercial redress receive from the CFRT the rental that has accumulated from that land since issue of the licence.
Crown Property Management undertakes the disposal processes for all Toitū Te Whenua land selected by the claimants for a Treaty settlement, such as disclosure, valuation, negotiation of transfer value, survey, titling and transfer.
Land transaction roles
Our Customer Services group maintains the records related to survey and titles. Following settlement legislation authorisation, a variety of instruments are lodged for processing and registration by Customer Services. Settlement specific memorials are often required to be noted or removed from records of title.
For each settlement Customer Services may also, in compliance with settlement legislation, need to update Landonline by recording changes to land status and place names.
To learn more about the claims process, go to the claims process on the Waitangi Tribunal website.
To learn more about the settlement process, see the Te Arawhiti - the Office for Māori Crown Relations website.
Our work is monitored by cross business group committees to ensure that Toitū Te Whenua is meeting its Treaty settlement obligations. Compliance plans are prepared and monitored for each settlement.
Responsiveness to Māori
Interaction with Māori claimants is largely through Te Arawhiti - the Office for Māori Crown Relations during settlement negotiation. Following settlement, Toitū Te Whenua staff interact directly with Māori claimants in accordance with a variety of settlement instruments such as rights of first refusal, consultation protocols, deeds of recognition and rights of temporary occupation.
Toitū Te Whenua recognises the Treaty of Waitangi and the Crown's obligations as Treaty partner. We work to a "Responsiveness to Māori Strategy". For more information about the strategy, its objectives and how these are implemented, refer to our Statement of Intent in corporate publications.