Learn about the key aspects of the Ngāti Koroki Kahukura 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 Koroki Kahukura area of interest
The rohe of Ngāti Koroki Kahukura, which they refer to as their homeland, stretches from Karapiro along the Pukekura Range and through Rotorangi and Puahue in the west, from Maungatautari 4 and 5 blocks to the top of Lake Arapuni in the south, then follows the Waikato River back to Piarere in the East, and from Piarere to the south of the Maungakawa Reserve, and on to Karapiro in the north.
The map below provides an indication of the area of interest for Ngāti Koroki Kahukura, but is not a depiction of any RFR area.
Ngāti Koroki Kahukura received redress through its Treaty settlement with the Crown.
Iwi: Ngāti Koroki Kahukura
Deed of Settlement signed: 20 September 2012
The Deed was amended during the settlement process.
Settlement Date: 9 February 2015
Legislation: Ngāti Koroki Kahukura Claims Settlement Act 2014 (“the Act”)
RFR provisions: The RFR provisions are covered by sections 105-133 and Schedule 4 of the Act.
Offer made to: The RFR offer is in favour of the trustees of the Taumatawiwi Trust (“the trustees”)
RFR period: 173 years on and from the settlement date (expires in 2188)
RFR memorials: Yes
Definition of RFR land
Section 106 of the Act defines RFR land included in the settlement. RFR land is land within the RFR area (shown on SO 443357 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, or was a Crown-derived reserve vested in an administering body that would revert to the Crown.
RFR land also includes land obtained in exchange for a disposal of RFR land under specified sections. This is set out in section 106(1)(b) 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 40 working days after the day the trustees receive 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.
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 107 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 113-123 of the Act.
Sections 113-123 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, 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 Koroki Kahukura claims settlement contact:
PO Box 1522
Ngāti Koroki Kahukura Trust website
Toitū Te Whenua Land Information New Zealand
PO Box 5501
Toitū Te Whenua Land Information New Zealand website