Learn about the key aspects of the Ngāti Hauā 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 Ngāti Hauā area of interest
Ngāti Hauā descend from the eponymous ancestor Hauā, a direct descendant of Hoturoa, the captain of the Tainui waka. The hapū of Ngāti Hauā are Ngāti Te Oro, Ngāti Werewere, Ngāti Waenganui, Ngāti Te Rangitaupi and Ngāti Rangi Tawhaki. The Ngāti Hauā rohe spans from Te Aroha, south along the Kaimai Range to Te Weraiti, from Te Weraiti west to Maungatautari then northwest to Te Rapa, from Te Rapa eastward to Mangateparu and then to Te Aroha.
The map below provides an indication of the area of interest for Ngāti Hauā, but is not a depiction of any RFR area.
Ngāti Hauā received redress through its Treaty settlement with the Crown.
Iwi: Ngāti Hauā
Deed of Settlement signed: 18 July 2013
The Deed was amended during the settlement process
Settlement Date: 9 February 2015
Legislation: Ngāti Hauā Claims Settlement Act 2014 (“the Act”)
RFR provisions: The RFR provisions are covered by sections 108-137 and Schedule 5 of the Act
Offer made to: The RFR offer is in favour of the trustees of the Ngāti Hauā Iwi Trust (“the trustees”)
RFR period: 173 years on and from the settlement date (expires in 2188)
RFR memorials: Yes
Definition of RFR land
Section 109 of the Act defines RFR land included in the settlement. It includes all the land listed in Part 6 of the Attachments to the Deed of Settlement that, on settlement date, was vested in or held in fee simple by the Crown or Health New Zealand.
Paragraph (b) of the definition of ‘commercial redress property’ in section 103 of the Act excludes property to which clause 7.15.2(a) of the Deed of Settlement applies. If land was excluded from being a commercial redress property by this section and, on settlement date, was vested in or held in fee simple by the Crown it is also RFR land. Refer to clause 7.15.2(a) of the Deed of Settlement.
The land described in Subpart B of Part 4 of the Property Redress Schedule (Morrinsville College School House site) if clause 7.11 of the Deed of Settlement did not apply and, on settlement date, was vested in or held in fee simple by the Crown is also RFR land.
RFR land also includes land obtained in exchange for a disposal of RFR land under specified sections. This is set out in section 109(1)(d) 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 trustee 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 110 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 116-127 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.
Specific exemptions apply to disposals of RFR land by Health New Zealand or any of its subsidiaries. This is set out in section 126 of the Act.
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, the landowner must advise Toitū Te Whenua as soon as possible so Toitū Te Whenua can place a memorial noting the RFR on the title.
In certain cases, the RFR landowner must seek a certificate from Toitū Te Whenua requesting the removal of the RFR memorial, before a transfer can occur.
For more information about the Ngāti Hauā claims settlement contact:
Ngāti Hauā Iwi Trust
PO Box 270
Ngāti Hauā Iwi Trust website
Toitū Te Whenua Land Information New Zealand
PO Box 5501
Toitū Te Whenua Land Information New Zealand website