Ngāti Pāhauwera claims settlement right of first refusal

The following has been developed in collaboration with Te Arawhiti.

Te Arawhiti website

The Ngāti Pāhauwera core area of interest

Ngāti Pāhauwera is a confederation of hapū with historical interests in northern Hawke’s Bay. Their core area of interest stretches from the Ohinepaka Stream (south of Wairoa) to the Waikari River and inland from these areas towards the Maungaharuru Range and north towards the Waiau River. The map below provides an indication of the core area of interest for Ngāti Pāhauwera, but is not a depiction of any RFR area.

Settlement summary

Ngāti Pāhauwera received redress through its Treaty settlement with the Crown.

Iwi	Ngāti Pāhauwera
Deed of Settlement signed	17 December 2010 Ngāti Pāhauwera Deed of Settlement
Settlement Date	8 May 2012
Legislation	Ngāti Pāhauwera Treaty Claims Settlement Act 2012 (“the Act”) Ngāti Pāhauwera Treaty Claims Settlement Act 2012
RFR provisions	The RFR provisions are covered by sections 95-123 and Schedule 4 of the Act. Sections 95-123 of the Act Schedule 4 of the Act
Offer made to	The RFR offer is in favour of the trustees of the Ngāti Pāhauwera Development Trust (“the trustees”)
RFR period	100 years on and from the settlement date (expires in 2112)
RFR memorials	Yes

Definition of RFR land

Section 96 of the Act defines RFR land included in the settlement. RFR land is land within the RFR area (shown on SO 433356 in Part 7 of the Documents Schedule of the Deed) 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 does not include a commercial redress property.

Section 96 of the Act

Deed of Settlement: Documents Schedule

RFR land also includes land obtained in exchange for a disposal of RFR land under specified sections. This is set out in section 96(1)(b) of the Act.

Section 96(1)(b) 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 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.

Section 98 of the Act

Expiry date of offer

The RFR offer expires on or after 40 business days after the day the trustees receive the offer. However, a shorter expiry date of on or after 20 business 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.

Section 99 of the Act

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 business 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 97 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.

Section 97 of the Act

Section 115 of the Act

Exempted disposals

Certain disposals can occur without making an RFR offer to the trustees. These exempted disposals are set out in sections 103-113 of the Act. 

Sections 103-113 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.

Section 115 of the Act

RFR Memorials

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 Land Information New Zealand (LINZ) as soon as possible so LINZ can place a memorial noting the RFR on the title. 

Section 114 of the Act

In certain cases, the RFR landowner must seek a certificate from LINZ requesting the removal of the RFR memorial, before a transfer can occur. 

Section 116 of the Act

Contact details

For more information about the Ngāti Pāhauwera claims settlement contact:

Ngāti Pāhauwera Development Trust
PO Box 374
WAIROA 4160
Ngāti Pāhauwera Trust website

Toitū Te Whenua Land Information New Zealand
PO Box 5501
WELLINGTON 6145

Te Arawhiti – The Office for Māori Crown Relations
SX10111
WELLINGTON 6011
Te Arawhiti website

Email: postsettlement@tearawhiti.govt.nz