Learn about the key aspects of the Te Roroa 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 Te Roroa area of interest
The Te Roroa area of interest runs from north of Dargaville to the Hokianga Harbour, centring on the Waipoua Forest.
The map below provides an indication of the area of interest for Te Roroa, but is not a depiction of any RFR area.
|Deed of Settlement signed||
17 December 2005
|Deed of Grant of Right of First Refusal signed||30 September 2008
Deed of Grant of Right of First Refusal
|Settlement Date||29 October 2008|
|Legislation||Te Roroa Claims Settlement Act 2008 (“the Act”).|
|RFR provisions||The RFR provisions are enabled by a Deed granting a Right of First Refusal (“the RFR deed”). There are no RFR provisions in the settlement legislation.|
|Offer made to||The RFR offer is in favour of the trustees of the Te Roroa Manawhenua Trust (“the trustees”)|
|RFR period||50 years on and from the settlement date (expires in 2058)|
Definition of RFR property
Clause 14.1 of the RFR deed defines RFR property included in the settlement. RFR property is every property listed in Schedule 1 of the RFR deed.
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
Before disposing of an RFR property, the Crown must give notice to the trustees. This RFR notice offers to dispose of the property to the trustees at the price and on the terms and conditions set out in the notice. The RFR notice must specify any encumbrances affecting the property.
The Crown may withdraw an RFR notice at any time before the trustees accept an offer. If the Crown withdraws an RFR notice, the RFR deed will still apply to the property. The Crown will be required to give another RFR notice before it disposes of the RFR property.
Expiry date of offer
The RFR offer expires one calendar month after it is received by the trustees.
Subsequent disposal process
Clause 3 of the RFR deed sets out that 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
The Crown must, promptly after entering into an agreement to dispose of the RFR property to a purchaser or lessee, give notice to the trustees of that fact and disclose the terms of that agreement. The Crown must not dispose of the RFR property after the end of that 2-year period without first giving notice under clause 1.1 of the RFR deed.
Clause 4 of the RFR deed provides that should the Crown propose to dispose of the RFR property on more favourable terms it may do so only if it first gives another RFR notice to the trustees.
Certain disposals can occur without making an RFR offer to the trustees. These exempted disposals are set out in clauses 5 and 6 of the RFR deed. The Crown must notify the trustees of any disposal exempted from an RFR offer.
The RFR deed includes specific exemptions in relation to disposal of land that was held for a public work. This land may be disposed of to a local authority under section 50 of the Public Works Act 1981 or any other person where the land will be held or used for the purpose which, immediately before the disposal, constituted the public work.
Where RFR properties are to be disposed of to certain new owners a deed of covenant may be required to bind new owners to the RFR. The new owner takes on the obligations under the RFR deed. Clause 6 and Schedules 2 and 3 of the RFR deed set out when this is required.
Delivery of notices
Clause 11 of the RFR deed provides for offer notices to be delivered by hand, registered mail or facsimile. There is no provision in the RFR deed for electronic service of an offer.
For more information about the Te Roroa claims settlement contact:
Te Roroa Manawhenua Trust
PO Box 6
Te Roroa Trust website
Toitū Te Whenua Land Information New Zealand
PO Box 5501