Learn about the key aspects of the Rongowhakaata claims settlement right of first refusal (RFR). Note: this is a guide only and agencies must comply with the requirements of the Deed of Settlement, legislation and any relevant LINZ standards.
This page is also available for download (PDF).
The following has been developed in collaboration with Te Arawhiti.
The Rongowhakaata area of interest
Rongowhakaata is an iwi based in the Gisborne Region (Tūranga). The map below provides an indication of the area of interest for Rongowhakaata, but is not a depiction of any RFR area.
|Deed of Settlement signed||
30 September 2011
|Settlement Date||29 August 2012|
Rongowhakaata Claims Settlement Act 2012 (“the Act”)
|Offer made to||The RFR offer is in favour of the trustees of the Rongowhakaata Settlement Trust (“the trustees”)|
|Categories of RFR land||General RFR land and RFR deferred selection property|
|RFR period||Tūranga conservation land: 100 years from the settlement date (expires in 2112)|
|All other RFR land||169 years from the settlement date (expires in 2181)|
Definition of RFR land
Sections 68-69 of the Act define RFR land included in the settlement.
General RFR land being the land listed in Part 3 of the Attachments to the Deed (including the Tūranga conservation land) that, on settlement date, was vested in or held in fee simple by the Crown or KiwiRail.
RFR deferred selection RFR property being the Manutuke School site described in part 4 of the Property Redress Schedule.
RFR land also includes land obtained in exchange for a disposal of RFR land under specified sections. This is set out in section 69(1)(c) 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 encumbrances affecting the land
- contact details for the trustee to respond to.
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 10 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.
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 70 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 76-86 of the Act.
The trustees must be notified of the proposed exempted disposal at least 20 business 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 Land Information New Zealand (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.
For more information about the Rongowhakaata claims settlement contact:
Rongowhakaata Settlement Trust
78 Whakato Road,
Rongowhakaata Trust website
Toitū Te Whenua Land Information New Zealand
PO Box 5501
Te Arawhiti – The Office for Māori Crown Relations
Te Arawhiti website