Mahuta NanaiaTE TURE WHENUA MAORI (SUCCESSION DISPUTE RESOLUTION AND RELATED MATTERS) AMENDMENT BILLSecond ReadingHon NANAIA MAHUTA (Minister for Māori Development): I move That Te Ture Whenua Maori (Succession Dispute Resolution and Related Matters) Amendment Bill be now read a second time. This bill seeks to ensure that the laws governing Māori land work better for whānau by making practical and technical changes to reduce the complexity and compliance requirements that Māori encounter when they engage with the courts about whenua Māori. Te Ture Whenua Maori Act seeks to facilitate the retention use development and control of Māori land as taonga tuku iho. The bill amends the Act to improve the process for succeeding to interests in Māori land and to provide a new tikanga-based dispute resolution process. It enables the Māori Land Court to deal with a wider range of matters relating to whenua Māori ensures the remedies available to the court are practical and effective and enhances Māori housing tenure. Some minor and technical changes are also included. The Government listened to the problems experienced by Māori land owners navigating and complying with the Act and getting involved in decisions about their whenua. They didn't want wholesale reform; so what we've done is introduce a targeted set of changes to the existing Act that will better support Māori land owners to connect with their whenua establish their governance structure and manage and utilise their whenua for the next generation. I'd like to thank the Māori Affairs Committee for highlighting in their report some of the other barriers raised by whānau in their submissions. I've asked officials to look into these issues as part of further policy work to look at the potential for further regulatory changes to remove even more barriers for whānau.This bill is not the only support being provided to whānau. The bill sits alongside our Government's Whenua Māori Programme which is supporting landowners to connect with govern manage protect and develop their whenua. The programme has invested in on-the-ground whenua advisory services supporting landowners to develop the skills and access the services they need to realise the potential of their land. It's also providing landowners with easier access to information and resources to inform their decisions about how to utilise their whenua. We launched the Tupu website which has got a huge uptake and is a positive tool for Māori land owners. It will deliver modernised Māori Land Court services and systems that will support the efficient operation of the court. I introduced the Local Government (Rating of Whenua Māori) Amendment Bill at the end of February 2020 to address issues whānau have been raising for years about the issues associated with the rating of Māori land. Targeted amendments to public works legislation will be introduced when this is possible given the impact of the COVID-19 response on the House's schedule. I want to thank members and the work of the Māori Affairs Committee and their consideration of this bill. I'd like to also thank everyone who provided feedback. The select committee received 73 submissions from individuals members of the judiciary Māori trusts and organisations iwi organisations and legal organisations. I'm pleased to note that there was wide-ranging support for the bill. I understand the submissions were helpful in identifying improvements to the bill and the committee has recommended changes which improve clarity and effectiveness. Thank you. Some of the recommended changes include that the Māori Land Court's powers to grant injunctions be limited to Māori land and Māori reservations removing the proposed extension of the court's powers to include issuing injunctions over general land owned by Māori. This would avoid land held by post-settlement governance entities being included in this category. The committee recommended that the Māori Land Court have the power to determine applications about the performance of an easement. The Māori Land Court already considers applications to establish modify or cancel an easement that involves both Māori freehold and general land. On that basis the bill should be amended to allow applications to be heard by either the District Court or the Māori Land Court if the application wholly relates to Māori freehold land or relates to Māori freehold land and other land. The bill clarifies the lifetime rights surviving spouses or partners can receive upon the death of their spouse or partner who was a Māori land owner. It also clarifies the lifetime rights to which the whānau of a deceased person is entitled where the tikanga of the relevant hapū or iwi determines that there is no relationship of descent. Mindful of the administrative burden that these new provisions will place on trusts the committee recommended that the registrar of the Māori Land Court be required to record the new categories of occupation and income rights for surviving spouses and partners and whānau. Thank you for that suggestion. The bill expands the scenarios where the Māori Land Court can appoint experts in tikanga as additional members of the court. The committee accepted the recommendation from submitters that the knowledge and experience of tikanga Māori or whakapapa experts as additional members should be a relevant contribution to proceedings. The bill provides for a new free tikanga-based dispute resolution process that would provide a practical mechanism for whānau to resolve disputes out of court. This is a new phenomenon but I think the intent is simply that we do no more harm to the fabric of whānau connections because it's a difficult area. On the committee's recommendation the bill now clarifies that while judges can both refer issues to mediation and act as mediators the same judge cannot act as a mediator on an issue arising from a matter they referred to mediation. The committee reviewed the provisions relating to the right of first refusal and the bill now clarifies that when notifying members of the preferred classes of alienees the seller or donor must make reasonable efforts to locate their addresses. Notice must be published on an internet site to which members have free access and on which members are reasonably likely to learn of the proposed alienation. The committee also recommended that a seller or donor should be able to approach the Māori Land Court for direction about the steps they need to take to satisfy requirements for adequate notice of the right of first refusal for sale or gift of Māori land. A significant proportion of whenua is inaccessible to owners because it is landlocked and whānau cannot unlock its potential for either use or development. The owners of landlocked land may apply to the Māori Land Court for an order granting reasonable access subject to certain criteria and the bill expands the criteria for the benefit of whānau. The Māori Land Court has the power to impose charges on Māori land for the cost of surveys which exposes the risk of alienation from the land if owners cannot meet the costs of the charges. To strengthen the retention of Māori land the committee advised that while the Māori Land Court should be able to continue to order the survey of Māori land no charge may be imposed on the land for the survey costs. The committee also suggested further amendments which were minor and technical in nature including making the necessary amendments to the regulations. A number of these amendments will facilitate the process of modernising court services and ensure that the legislation is fit for purpose so they can use and engage with the Act today but more importantly utilise their whenua. I acknowledge the members of the Māori Affairs Committee for their hard work especially in this area because it's a contentious area. Given the difficulty of working conditions during the COVID-19 pandemic their commitment to make sure that this bill progressed through its order of business is a welcome relief for many of those Māori land owners waiting for these changes. I look forward to constructive debate in the House during the committee of the whole House stage. This will provide a really good opportunity for each of the members of the Māori Affairs Committee to identify the real-time issues that Māori land owners are facing and how that will be fixed by these proposals.The bill will better support whānau to connect to their whenua and I hope that it receives widespread support. I commend the bill to the House.