Summer services update
Learn about the key aspects of the Iwi and Hapū of Te Rohe o Te Wairoa 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 Iwi and Hapū of Te Rohe o Te Wairoa area of interest
The area of interest of the Iwi and Hapū of Te Rohe o Te Wairoa covers the northern Hawke’s Bay Region and the southern Gisborne Region.
The map below provides an indication of the area of interest for the Iwi and Hapū of Te Rohe o Te Wairoa, but is not a depiction of any RFR area.
Map showing the area of interest referred to in the Deed of Settlement between the Iwi and Hapū of Te Rohe o Te Wairoa and the Crown.
Image description
Map showing an outline of the area of interest of the Iwi and Hapū of Te Rohe o Te Wairoa, which covers the northern Hawke’s Bay Region and the southern Gisborne Region.
Settlement summary
The Iwi and Hapū of Te Rohe o Te Wairoa received redress through their Treaty settlement with the Crown.
Group: Iwi and Hapū of Te Rohe o Te Wairoa
Deed of Settlement signed: 26 November 2016
The Iwi and Hapū of Te Rohe o Te Wairoa Deed of Settlement
Settlement Date: 12 November 2018
Legislation: Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Act 2018 (“the Act”)
Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Act 2018
RFR provisions: The RFR provisions are covered by sections 97-126 and Schedule 6 of the Act.
Offer made to: The RFR offer is in favour of the trustees of Tātau Tātau o Te Wairoa Trust (the “trustees”)
RFR period: 174 years on and from the settlement date (expires in 2192)
RFR memorials: Yes
Definition of RFR land
Section 98 of the Act defines RFR land included in the settlement. It includes all the land listed in Part 3 of the Attachments to the Deed that, on settlement date, was vested in or held in fee simple by the Crown or held in fee simple by Kāinga Ora – Homes and Communities (as the successor agency to the Housing New Zealand Corporation).
RFR land also includes land obtained in exchange for a disposal of RFR land under specified sections. This is set out in section 98(1)(b) of the Act.
Deed of Settlement – Attachments
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.
Preliminary notice
There is no requirement to give preliminary notice of a disposal in this settlement.
Offering the land
The RFR offer to the trustees 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
Expiry date of offer
The RFR offer expires on or after 20 working days after the day the trustees receive the offer. However, a shorter expiry date of on or after 10 working days after the day on which an offer is received applies for any subsequent offers where the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer.
Subsequent disposal process
If the trustees do 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 trustees,
- the land is being disposed of within 2 years after expiry of the RFR offer and
- the trustees are 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 99 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 trustees. These exempted disposals are set out in sections 105-116 of the Act.
The trustees 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 the settlement.
Section 115 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 115 of the Act.
Section 20 of the Kāinga Ora-Homes and Communities Act 2019
RFR Memorials
All records of title for RFR land must be noted with a memorial protecting the trustees’ interest.
If 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 Iwi and Hapū of Te Rohe o Te Wairoa claims settlement contact:
Tātau Tātau o Te Wairoa Trust
PO Box 61
WAIROA 4160
Tātau Tātau o Te Wairoa Trust website
Toitū Te Whenua Land Information New Zealand
PO Box 5501
WELLINGTON 6145
Toitū Te Whenua Land Information New Zealand website
Te Arawhiti – The Office for Māori Crown Relations
SX10111
WELLINGTON 6011
Te Arawhiti website
Email: postsettlement@tearawhiti.govt.nz
Related content
Te Kāhui Māngai (Directory of Iwi and Māori Organisations) website