Sharples Pita: Māori Trustee Amendment Bill — In CommitteeText is incorporated into the Bound VolumeSharples Pita: Māori Trustee Amendment Bill — In Committee[Sitting date: 05 May 2009. Volume:654;Page:2859. Text is incorporated into the Bound Volume.]Hon Dr PITA SHARPLES (Minister of Māori Affairs):I will continue along the lines of previous speakers by explaining exactly the provisions in Part 2 of the Māori Trustee Amendment Bill “Transitional provisions and consequential amendments”. Part 2—clauses 17 to 30—provides continuity for the Māori Trustee for the staff of the Māori Trust Office for clients and for others who deal with the Māori Trustee in the transition to being a stand-alone organisation. It is a very important part.As the previous speaker Mita Ririnui said the “New Māori Trustee succeeds to existing undertaking”—that is clause 18. This clause provides that “the new Māori Trustee succeeds to—(a) the existing undertaking” as defined in clause 17 and to the Māori Trustee’s “fiduciary rights and liabilities”. I think clause 18 is a very important clause. It is one of a number of clauses that provide continuity for the Māori Trustee clients and others who deal with the Māori Trustee.Why does the office need to be dissolved? It needs to be dissolved to allow for the transfer of staff and of the Māori Trustee. The Maori Trustee Act 1953 currently provides for an office of the Public Service called the Māori Trust Office. At present all employees of the Māori Trust Office are employees of Te Puni Kōkiri. As the Māori Trustee will be a stand-alone organisation separate from Te Puni Kōkiri the current Māori Trust Office needs to be formally dissolved. Staff who are employed in the Māori Trust Office at the time of the bill’s enactment will be transferred to the new Māori Trustee organisation. These clauses provide for the continuation of their contracts and of other instruments and proceedings involving the Māori Trustee. Any proceeding against or in favour of the Māori Trustee or the Māori Trust Office may be continued. This is covered in clause 22 which provides continuity for “An action arbitration proceeding or cause of action …”. So this whole part is important; it is concerned with continuity during the transition from the Māori Trustee’s current status to its new status.Clauses 25 to 29 provide for the transfer of staff employed in the Māori Trust Office to the employment of the Māori Trustee: continuity of service and continuity for the staff of the Māori Trust Office. As well staff employed in the Māori Trust Office immediately before the commencement of these amendments will become employees of the new stand-alone Māori Trustee organisation. The only exception is the incumbent Māori Trustee who is currently the general manager of the Māori Trust Office as well as being the Māori Trustee. This person will be appointed as the new Māori Trustee under new section 6A which is inserted by clause 7 ensuring continuity for both staff and clients and helping to ensure a smooth transition. The transferred staff will be employed on terms and conditions that are no less favourable than those applying before the commencement of this Act.Clause 30 provides that “every reference in any enactment or document” to the Māori Trustee must be read as applying to the new stand-alone Māori Trustee established by this bill. I just thought I would take a call to clarify the importance of the transition stage set out in Part 2.