Sharples Pita: Maori Purposes Bill — First Reading 
Sharples Pita: Maori Purposes Bill — First Reading 
[Volume:668;Page:15361] 
Hon Dr PITA SHARPLES (Minister of Maori Affairs) 
: 
 I move  
That the Maori Purposes Bill be now read a first time. 
 At the appropriate time I intend to move that the bill be considered by the Maori Affairs Committee. 
This bill brings together amendments to a variety of legislation related to Maori affairs including legislation affecting the estate of Pukepuke Tangiora the Maori Fisheries Act 2004 the Maori Trust Boards Act 1955 and Te Ture Whenua Maori Act 1993. These changes seek to improve the administration of this legalisation by updating provisions that have fallen out of date. Monitoring legislation to ensure its continuing relevance is consistent with the Government’s statements on regulation. Although these changes are largely administrative they sit alongside a significant package of initiatives that contribute to the realisation of tino rangatiratanga—Maori self-determination. 
Firstly the bill amends the legislation affecting the estates of Pukepuke Tangiora a Maori matriarch who was active in numerous reform movements during the late 19th and early 20th centuries. The original will of Pukepuke Tangiora came into effect upon her death in 1936. At various stages throughout the 20th century the life beneficiaries under the will petitioned Parliament for relief from the terms of the will. These terms were modified by Parliament through provisions in various Maori Purposes Acts. These modifications date from a time when Government interference in private matters was considered more appropriate than it is today. In particular the 1943 Maori Purposes Act removed the provision of the will requiring estate assets to be retained within the estate for 20 years following the death of the last remaining life beneficiary. Estate assets will now vest in capital beneficiaries on the death of the last remaining life beneficiary. 
The 1943 and 1951 Maori Purposes Acts have resulted in the Crown having more functions in respect of the administration of the estate of Pukepuke Tangiora than would otherwise be usual. For example under the Maori Purposes Act 1943 trustees of the estate are appointed by the Governor-General by Order in Council. Typically the appointments of trustees would be covered by the will itself or would be performed by either the High Court or the Maori Land Court. The Maori Purposes Act 1951 also provides for the Minister of Maori Affairs to approve purposes for which money may be paid to estate beneficiaries out of estate funds. 
The bill removes the role of the Minister of Maori Affairs and the Governor-General in the administration of the estate of Pukepuke Tangiora. I must acknowledge the work of the Maori Affairs Committee from last season and tae noa ki tenei wa and particularly Mita Ririnui who did a lot of work in Hastings on this matter. The bill recognises that involvement of this kind is inappropriate and interferes with the right of the estate to exercise control over its own affairs. The bill amends legislation affecting the estate in order to remove the Minister’s role in appointing estate trustees. It also removes the Minister’s role in fixing trustees’ salaries and travelling allowances and approving purposes for which trustees may spend estate funds. To ensure continuity in estate administration the bill confirms the position of the present trustees. The bill clarifies the jurisdiction of the Maori Land Court to appoint and dismiss trustees to the estate and to hear all matters relating to the administration of that estate. This is consistent with the Maori Land Court’s existing jurisdiction over Maori land trusts. 
The bill extends the period for which estate property will be held under the estate to 5 years after the death of the last remaining life beneficiary. Under present legislation affecting the administration of the estate the estate would come to an end should the last remaining life beneficiary pass away. The estate property would then vest in the nine whanau of the capital beneficiaries. Extending the distribution period gives the beneficiaries of the estate 5 years in which to make decisions about the future governance entity that will hold and manage estate assets. This mitigates the risk that the estate could come to an end before the beneficiaries have time to come to an agreement amongst themselves as to how to manage estate assets in the future. 
This bill also amends the Maori Fisheries Act 2004 to enable the transfer of mandated iwi organisation status and fisheries settlement assets between separate entities operating within the governance arrangements of the same iwi. The Maori Fisheries Act does not provide for such a transfer as it was not contemplated when the Act was developed in 2004. Should such a transfer be attempted protective provisions of the Act would require the fisheries settlement assets to be offered for sale to the highest bidder from other mandated iwi organisations and Te Ohu Kai Moana Trustee Ltd. This is an unintended consequence of the Act. There are situations where an iwi may wish to transfer their mandated iwi organisation status and fishery settlement assets. For example a number of iwi progressing through the Treaty settlement process desire such a transfer to enable them to better consolidate and improve their governance arrangements and asset holdings. The Maori Fisheries Act should not prevent iwi from developing stronger and more efficient governance arrangements that may ultimately better ensure the protection and value of their fishery settlement and wider assets. 
The amendment to the Maori Fisheries Act is technical and remedial. It is an enabling provision only. Iwi may elect to use it or not depending on their particular interests and circumstances. The amendment provides for the transfer while also maintaining the existing strict requirements of the Act regarding mandated iwi organisations and the protection of the fisheries settlement assets. It exempts the transfer of the assets from specific provisions that would otherwise require the sale of those assets. It will not compromise the rights and interests of beneficiaries of a mandated iwi organisation or the rights and interests of other mandated iwi organisations or iwi. 
This bill also amends the Maori Trust Boards Act 1955 to provide for direct accountability between trust boards and their beneficiaries. Presently the Maori Trust Boards Act requires trust boards to be accountable to the Minister of Maori Affairs for their financial arrangements. Trust boards are required to have their financial statements audited by the Auditor-General. They receive their audited accounts from the Auditor-General via the Minister of Maori Affairs. They must also send their annual budget and other financial information to the Minister of Maori Affairs for approval. This accountability relationship between trust boards and the Minister of Maori Affairs does not reflect the environment in which trust boards operate. It is also inconsistent with generally accepted practices for similar governance entities which require primary accountability to exist between an entity and its beneficiaries. 
The bill amends the accountability relationship within the Maori Trust Boards Act. Each trust board must now hold an annual general meeting to report to its beneficiaries on its activities and plans for the future. This includes the presentation of audited annual accounts budgets and other financial information. The bill also provides that the trust boards must have their financial statements audited privately instead of by the Auditor-General. It replaces the role of the Minister of Maori Affairs in approving a trust board’s annual budget with a requirement for a trust board to supply the Minister of Maori Affairs with audited accounts and an annual budget for information only. 
Finally the bill makes various minor drafting changes to Te Ture Whenua Maori Act 1993 and the Maori Incorporations Constitution Regulations 1994 to allow for more effective administration of this legislation. 
In conclusion I thank those who participated in consultation on these amendments which provide the necessary updates to Maori affairs legislation particularly the last two Maori Affairs Committees. I commend this bill to the House.