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Clauses for standard elements of Treaty settlement Bills

The Attorney-General and Minister for Treaty of Waitangi Negotiations decided on 22 January 2013 that standard clauses are to be used in new Treaty of Waitangi settlement Bills covering redress that is common to most settlements.

The current standard clauses (as at 31 March 2021) are provided through the link below. The changes in this latest version relate to:

  • Clauses 6(3) and 19: The changes reflect the repeal of the Perpetuities Act 1964 by the Trust Act 2019, which came into force on 30 January 2021.
  • Clause 12(2)(b): The term “deferred property” is corrected to “deferred selection property”.
  • Clauses 17(2)(b) and 132(2): The changes are required by the repeal of the Education Act 1989.
  • Clauses 6(4)(a)(i), 21, 27(1) and (4): The term “primary industries protocol” has been substituted for the term “fisheries protocol”, as required for consistency with other usage in the Protocols section.
  • Clauses 52, 53, and  55: New subclauses are required in each of these clauses to clarify the status, for publication purposes, of any regulations, bylaws, or order made under those provisions. This reflects the requirements of the Legislation Act 2019 and  follows the amendments to be made to all existing legislation administered by Te Arawhiti.
    One caveat to mention in this context is that  if a Treaty settlement Bill is expected to be passed before early September, transitional clauses will be needed to provide  for the continuation of the current arrangements.
  • Clause 62, definition of Crown stratum: amended to clarify that a reference  to the Crown stratum in a settlement applies even if the bed of the lake is not wholly or partly covered  by water from time to time. The definition of lake is also clarified.
  • Clauses 72(4)(c), 86(2)(c), and 107(2)(c): These paragraphs are redundant as section 17ZA(2) of the Conservation Act 1987 has been repealed by the Land Transfer Act 2017.
  • Clause 138(2): The reference to s 41(e) of the Public Works Act 1981 is corrected to reflect a change made to that provision by the Urban Development Act 2020.
  • Clause 142: This clause (which provides an option for Housing New Zealand to dispose of RFR land in certain circumstances) is no longer required under revised government policy.
  • Clause 147(1)(d): This paragraph has been deleted as it was redundant, given the application of subclauses (4) and (5).
  • Clause 150A(1): The cross reference to clause 147 has been corrected.

If you have any questions about standard clauses, please contact us.

View the standard clauses (PDF 427KB, as at 31 March 2021)

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