7392 (2026). Steve Abel to the Minister for Māori Crown Relations: Te Arawhiti

7392 (2026). Steve Abel to the Minister for Māori Crown Relations: Te Arawhiti: What advice, correspondence or other communication, if any, did the Minister or the Minister’s Office receive regarding the impact of proposed legislation to remove the supervisory jurisdiction of the Māori Land Court over post-settlement governance entities on allowing Māori due process and legal recourse, listed by date and title?

Hon Tama Potaka: I first wish to provide the Member some context as to the situation. In October 2024 the Supreme Court judgment Nikora v Kruger [Paki Nikora and Parearau Polly Alice Nikora on behalf of Te Kaunihera Kaumatua o Tūhoe v Tamati Kruger on behalf of Tūhoe – Te Uru Taumatua Trust [2024] NZSC 130], held that Te Uru Taumatua, the post settlement governance entity (PSGE) for the Tūhoe historical Treaty settlement, was subject to the supervisory jurisdiction of the Māori Land Court (MLC) under Te Ture Whenua Maori Act 1993. The Supreme Court judgment sets the precedent for this supervisory jurisdiction to be applied to 73 PSGEs, representing 73 historical Treaty settlements. The supervisory jurisdiction of the MLC is not mentioned in the PSGE guidance given through the Crown’s guide to the Treaty settlement process ‘Ka tika ā muri, Ka tika ā mua – Healing the past, building the future – A Guide to Treaty of Waitangi claims and Negotiations with the Crown’ (commonly referred to as the Red Book). This supervisory jurisdiction was not mentioned as it was not intended to apply. This meant there could be no reasonable expectation that PSGEs are expected to be subject to this jurisdiction at the time of negotiations, unless it is for specific Māori land matters, such as redress that transfers under Te Ture Whenua Māori Act 1993. In November 2024, following the Supreme Court judgment in Nikora v Kruger, the then Te Arawhiti - Office for Māori Crown Relations convened a hui attended by 73 PSGE representatives to outline the Supreme Court’s decision and ascertain the views of PSGEs. Many PSGEs expressed surprise and concern that the Court held that their PSGE was subject to the supervisory jurisdiction of the MLC and favoured enacting urgent legislation to exempt the PSGEs from the MLC's supervisory jurisdiction. At my instruction, on 13 December 2024, officials wrote to each PSGE seeking responses to two options. First, to retain status quo, as interpreted by the Supreme Court, which would mean the supervisory jurisdiction of the MLC would continue to apply to the PSGE and the MLC remain accessible to their trust beneficiaries or second, exempt the PSGE from the supervisory jurisdiction of the MLC. The letter dated 13 December 2024 requested that each PSGE indicate a preferred option by way of counter-signing the letter. By counter-signing the letter, each PSGE confirmed that its preference was arrived at in accordance with their required trust procedures for decision-making and engaging with its beneficiaries. I sought Cabinet approval in June 2025 to progress a legislative solution for the 42 PSGEs that at that point had formally confirmed their requests for the supervisory jurisdiction of the MLC to be removed by exempting such PSGEs from sections 237 and 245 of Te Ture Whenua Māori Act 1993 [CAB-25-MIN-018 refers]. The Cabinet paper dated 6 June 2025, titled “Exempting Post Settlement Governance Entities from the supervisory jurisdiction of the Māori Land Court” has been proactively released and is available on the Te Puni Kōkiri website: https://www.tpk.govt.nz/en/mo-te-puni-kokiri/corporate-documents/cabinet-papers/all-cabinet-papers/exempting-postsettlement-governance-entities-from- Throughout this process, officials have hosted two online hui with PSGEs and have also been available to further discuss this matter with PSGEs as required. The first hui was to discuss the unintended consequences of the Supreme Court ruling on 25 November 2024 and the second hui was for PSGE to share their feedback on the drafting of an exemption Bill on 4 March 2026. I have been briefed on this matter several times, Te Puni Kōkiri publishes monthly lists of advice that I receive from officials as Minister for Māori Crown Relations on its website at the following link: https://www.tpk.govt.nz/en/mo-te-puni-kokiri/our-people/ministers/list-of-advice-received-by-the-minister-for-maori- . Advice, correspondence and communication I or my office has received on this kaupapa is listed by date and title below: 12 December 2024 - Briefing paper: Te Arawhiti MFT 193 Supreme Court judgment in Nikora v Kruger: Implications for Post-Settlement Governance Entities (current negotiations and post-settlement); 20 February 2025 - Aide memoire: MCR121 Post Settlement Governance Entities and supervisory jurisdiction of the Maori Land Court – an update; 2 April 2025 - Briefing paper: TPK-72051 Cabinet Paper for Ministerial consult Exempting Post Settlement Governance Entities from the supervisory jurisdiction of the Māori Land Court – approval for Ministerial consultation; and 23 April 2025 - Ministerial letter: TPK-72160 Ngāti Ranginui and Ngāi Tahu entities and Māori Land Court jurisdiction. Response to Hon Paul Goldsmith.