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Learn about the key aspects of the Ngāti Toa Rangatira claims settlement right of first refusal (RFR).
This page is also available for download (PDF).
Note: this is a guide only and agencies must comply with the requirements of the deed of settlement, legislation and any relevant LINZ standards.
The following has been developed in collaboration with Te Arawhiti.
The Ngāti Toa Rangatira area of interest
Ngāti Toa Rangatira has historical and cultural associations that span the Cook Strait area. Their area of interest covers the lower North Island from the Rangitīkei in the north to the Hutt Valley and Wellington areas in the south. It also includes large areas of the Marlborough Sounds and much of the northern South Island.
Note:
This page covers the Ngāti Toa Rangatira RFR only as it relates to properties in the lower North Island and two specific properties in Nelson (see the definition of deferred selection RFR land below). For RFR information covering other properties in the South Island refer to the page on the Te Tau Ihu RFR.
Te Tau Ihu Claims Settlement right of first refusal
Also note that RFRs are established over different land in the Wellington area through other settlements.
The map below provides an indication of the area of interest for Ngāti Toa Rangatira, but is not a depiction of any RFR area.
Map showing the area of interest referred to in the Deed of Settlement between Ngati Toa Rangatira and the Crown.
Settlement summary
| Iwi | Ngāti Toa Rangatira |
|---|---|
| Deed of Settlement signed | 7 December 2012 The Deed was amended during the settlement process. Ngāti Toa Rangatira deed of settlement |
| Settlement Date | 1 August 2014 |
| Legislation | Ngati Toa Rangatira Claims Settlement Act 2014 (“the Act”) |
| RFR provisions | The RFR provisions are covered by sections 183-216 of the Act. Sections 183-216 of the Act Schedule 5 of the Act |
| Offer made to | The trustee of the Toa Rangatira Trust (“the trustee”) |
| Categories of RFR land | General and deferred selection |
| RFR period | General RFR land: 169 years from the settlement date (expires in 2183) Deferred selection RFR land : 10 years from the settlement date (expires in 2024) |
| RFR memorials | Yes |
Definition of RFR land
Sections 183-184 of the Act define RFR land included in the settlement.
General RFR land is defined in section 183 of the Act. It includes all the land listed in Part 4 of the Attachments to the Deed provided certain criteria are met. Additional land may be added. This includes some land that could be acquired either after the Deed of Settlement is signed or after the settlement date.
Attachments to the Deed of Settlement
Deferred selection RFR land is defined in section 183 of the Act. It means a property listed in Table 1 in Part 8 of the property redress schedule of the Deed of Settlement that is not a commercial redress property or a commercial property.
Deed of Settlement Schedule - Property Redress
RFR land also includes land obtained in exchange for a disposal of RFR land under specified sections. This is set out in section 184(1)(e) of the Act.
Disposals
The RFR obligation arises for any disposal that:
- transfers or vests the fee simple estate in the land, or
- grants a lease of the land for a term that is, or will be (if any rights of renewal or extension are exercised under the lease), 50 years or longer.
Section 185 of the Act sets out the restrictions on disposals of RFR land.
Section 203 of the Act sets out additional obligations on the owners of RFR land.
Preliminary notice
There is no requirement to give preliminary notice of a disposal in this settlement for general or deferred selection RFR land.
Offering the land
The RFR offer to the trustee needs to include the terms of the offer, including:
- the expiry date
- the legal description and street address of the land
- any interests affecting the land
- contact details for the trustees to respond to
- which category of RFR land applies.
Expiry date of offer
The RFR offer expires on or after the 40th working day after the day the trustee receives the offer. However, a shorter expiry date of on or after the 20th working day after the day on which an offer is received applies for any subsequent offers where the expiry date of the earlier offer was not earlier than 6 months before the expiry date of the later offer or where the RFR landowner is Kāinga Ora-Homes and Communities (formerly, Housing New Zealand Corporation).
Subsequent disposal process
If the trustee does not accept an offer, or the offer period expires, the RFR landowner can dispose of the land provided that:
- the subsequent disposal is not on more favourable terms than those offered to the trustee
- the land is being disposed of within 2 years after expiry of the RFR offer and
- the trustee is notified of the proposed disposal at least 20 working days before the disposal occurs.
This notification must provide details of the disposal, including the name of the person to whom the land is being disposed of and an explanation of how the disposal complies with section 185 of the Act, and a copy of the written contract to demonstrate that the subsequent disposal is not on more favourable terms than the RFR offer.
Exempted disposals
Certain disposals can occur without making an RFR offer to the trustee. These exempted disposals are set out in the Act.
The trustee must be notified of the proposed exempted disposal at least 20 working days before the disposal occurs, including an explanation of why the disposal is exempted under section 207 of the Act.
Specific exemptions apply to disposals of RFR land by the Capital and Coast District Health Board or any of its subsidiaries. This is set out in section 202 of the Act.
Section 201 provides that specific exemptions apply to disposals of RFR land by Housing New Zealand Corporation or any of its subsidiaries. However, section 20 of the Kāinga Ora-Homes and Communities Act 2019 provides that Kāinga Ora-Homes and Communities may not exercise the powers conferred upon Housing New Zealand Corporation or any of its subsidiaries by section 201 of the Act.
Section 20 of the Kāinga Ora-Homes and Communities Act 2019
Notice if land becomes RFR land
If land becomes RFR land under paragraph (b), (c), or (d) of the definition of ‘general RFR land’ in section 183 of the Act, the RFR landowner must give the trustee of the Toa Rangatira Trust notice that the land has become RFR land.
Section 204 of the Act specifies what information must be included in the notice.
Sections 204-210 of the Act cover requirements for notices to the trustee and LINZ.
RFR Memorials
All records of title for RFR land must be noted with a memorial protecting the Trust’s interest.
If land becomes RFR land, or an RFR landowner creates a new record of title for an RFR property after settlement date, the landowner must advise LINZ as soon as possible so LINZ can place a memorial noting the RFR on the title.
In certain cases, the RFR landowner must seek a certificate from LINZ, requesting the removal of the RFR memorial, before a transfer can occur.
Contact details
For more information about the Ngāti Toa Rangatira claims settlement contact:
Te Rūnanga o Toa Rangatira
PO Box 50355
PORIRUA 5240
Ngāti Toa Rangatira Iwi Trust website
Land Information New Zealand
PO Box 5501
WELLINGTON 6145
Te Arawhiti – The Office for Māori Crown Relations
SX10111
WELLINGTON 6011
Te Arawhiti website