New Zealand Māori Arts and Crafts Institute Vesting Bill

20 December 2018
New Zealand Parliament
Publication date:

The New Zealand Māori Arts and Crafts Institute Vesting Bill received its first reading on 19 December 2018. The Bill was referred to the  Māori Affairs Committee.

This bill provides for the assets and liabilities of the New Zealand Māori Arts and Crafts Institute to be transferred to Te Puia NZMACI Limited Partnership, and also provides for the partnership to continue to function in line with the institute’s current functions. (From the New Zealand Parliament website.)

Extract from the Bill:

The New Zealand Māori Arts and Crafts Institute (the NZMACI) was established as a body corporate by section 4 of the New Zealand Māori Arts and Crafts Institute Act 1963. It operates under the brand name Te Puia.

The NZMACI’s functions include encouraging Māori culture and the practice and appreciation of Māori arts and crafts, training Māori in the practice of Māori arts and crafts, developing and maintaining areas in the Rotorua district and elsewhere as scenic or tourist attractions, and maintaining public interest in Māori culture and Māori arts and crafts.

The Crown granted leases to the NZMACI in respect of certain Crown land in the Rotorua district. The fee simple in that (and other) land has now been transferred under the Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009 to the trustees of a joint trust established by Ngāti Whakaue and Tūhourangi Ngāti Wāhiao. That Act vested the fee simple estate in the Whakarewarewa Valley Land and the Roto-a-Tamaheke Reserve in the Whakarewarewa Joint Trust and requires the trustees of that Trust to grant registrable leases to the NZMACI in respect of the Whakarewarewa Valley Land.

The Crown entered into an agreement dated 7 August 2017 with the respective trustees of the Whakarewarewa Joint Trust, the Wāhiao Tūhourangi o Whakarewarewa Trust, the HTK Te Puia Trust, the Pukeroa Oruawhata Trust, the Te Puia NZMACI Limited Partnership (the Partnership), and the NZMACI. The agreement provides for the introduction of vesting legislation to transfer the NZMACI assets and liabilities to the Partnership. All ownership interests in the Partnership are held, directly or indirectly, by Wāhiao Tūhourangi o Whakarewarewa, the Pukeroa Oruawhata Trust, and by 3 Ngāti Whakaue hapū, Ngāti Hurungaterangi, Ngāti Taeotu, and Ngāti Te Kahu o Ngāti Whakaue.

The agreement provides that the purpose of the vesting is to recognise the long relationship of Wāhiao Tūhourangi and the Ngāti Whakaue parties with the NZMACI and the land on which it is located, and to further enhance the Crown’s relationship with Wāhiao Tūhourangi o Whakarewarewa and the Ngāti Whakaue parties. The transfer is not consideration for the settlement of any claim against the Crown and is without payment or consideration to the Crown.

The agreement also provides that the vesting legislation requires the Partnership to continue to undertake a set of functions broadly in line with the NZMACI’s current functions relating to Māori arts and crafts, and to report annually on its performance of those functions. It stipulates that after the vesting of the assets and liabilities of the NZMACI in the Partnership, the specified NZMACI taonga are to be inalienable. A restraint is imposed on the Partnership against entering into major transactions (above a threshold of 30% of the value of the assets of the Partnership), unless the board of directors of the general partner of the Partnership, by unanimous resolution, approves the transaction before it is entered into. The Bill also provides for the Crown to appoint 1 member of the board of the general partner of the Partnership; that appointee must chair the board. That statutory provision is to apply for at least 6 years from the date of the vesting. ...

Last updated: 2018-12-20