WHENUA MAGAZINE | ISSUE 37
KO TE MANA RAIHANA KĀORE NEI HE ORANGA
RE-IGNITING THE CONVERSATION FOR LEGISLATIVE CHANGE The time is right to continue the kōrero about the legislation that lays down the rules about how corpus whenua is valued and rent amounts set, according to Richard Buttimore, Te Rau Whakahono Pito / General Manager Property.
“ThelasttimeareviewoftheMāoriReservedLandAct “While the Amendment did go some way towards was carried out, it was on the back of years of lobbying addressingtheissuesinthe195legislation,itwasa by Shareholders and a petition being presented to watered-down version of the recommendations that had Parliament.Ittooksevenyearsbeforeanyamendments been made, with lots of grey areas,” explains Richard. “For were brought into law in 1998,” says Richard. “The ourshareholdersitwasthefirststep,butitdidn’tgofa legislationisnolongerfitforpurpose,soweneedto enough, and has made the process of deciding how the start looking at what those conversations might look rent is determined complicated and polarising.” like, who they might be with and what we are striving to “Ultimately, what we need is prescriptive legislation that achieve.” clearly lays down a structured approach and delivers an Hecautionsagainstanyexpectationthatlegislative equitable outcome in terms of rent methodology and changes could happen quickly and emphasises that there purchasing capability.” is a lot to consider when it comes to identifying where the Hesaystheprocessofcarryingouttherentreviewevery Actisnotfitforpurpose,andwhatneedstobedoneto seven years (the last took place in 2017) is getting harder make the process of deciding rent values and resuming as the legislation ages. corpus whenua more equitable. “Without clear guidelines, the rent review process is The NZ Settlements Act of 1863 provided for the becoming increasingly subjective, which means achieving a confiscationof50,hectaresofTaranakiMāoriland, mutually agreed position is a fraught process.” and while only a portion was returned, the discriminatory “There are so many more factors at play in that decisionlegislation stipulated that it was to remain in a perpetual making process now – there have been so many changes lease–e‹ectivelymeaningthatMāoricouldowntheland in terms of legislation that farmers have to deal with, with but would need to acquire the leasehold interest in the land regards to the environment, for example.” in order to occupy it.
“Thefirststepstowardsreignitingthecallsfromourtd In195theMāoriReservedLandActcameintolaw, for achieving legislative change, is for the Incorporation whichwasamendedin198togivetheownersofMāori toto take a detailed look into what we feel needs to be whenuagovernedbytheActthefirstrightofrefusal addressed and how, before a case can be stated, eventually, purchase any leasehold interest that came up for sale and before a Select Committee.” established that rent reviews should be carried out every seven years (instead of 21) and should be based on the fair value of the unimproved land.
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