Ngati Paoa Claims Settlement Bill And Land Trust Concerns
The Ngati Paoa Claims Settlement Bill is scheduled for its third reading in Parliament on Wednesday, 5th November 2025. This Bill serves as a specific legislative instrument designed by the Government to provide compensation to claimants, with the intent to fully and finally settle their historical claims.
Importantly, the Treaty settlement Claims Bill should not be used as a mechanism to privately dissolve a land trust that holds Māori freehold land for its registered beneficial owners prior to settlement. The correct procedure for dissolving a land trust requires the trustees and beneficiaries to act in accordance with the trust deed and applicable trust law. This process involves seeking legal advice and submitting an application to the Māori Land Court (MLC) for authorisation to dissolve the trust.
The Claims Settlement Bill legislates for compensation to be provided to the claimants in response to past Crown indiscretions against them, particularly in cases where land is held in trust. The purpose of this legislation is to address historical grievances, not to create new ones for the beneficial owners of land that is not owned by the Crown.
The Post-Settlement Governance Entity (PSGE) is established through legislation to receive compensation from the Crown on behalf of its registered beneficiaries. However, the process of including the dissolution of the trust within this framework is fundamentally flawed. Legislation of the Claims Bill compensation would result in the legal ownership of the land being vested in seven trustees of the PSGE, rather than following the proper process for trust dissolution.
Dissolution of the Waiheke Station Trust: Who Holds Responsibility?
A key issue arising from the proposed legislative framework is the question of responsibility for dissolving the Waiheke Station Trust. The correct and lawful process for dissolution requires action by the trustees and beneficiaries themselves, following the trust deed and relevant trust law, including an application to the Māori Land Court.
Response of Beneficial Owners
This transfer of ownership is implemented through legislative redress, which is described as a "governance reorganisation" but in practice constitutes a significant change in ownership and control.
In protest against the Claims Bill dissolution of the Waiheke Station Trust, the current beneficial owners have begun occupying their land.
This action is a direct response to the perceived unjust removal of their rights and interests in Waiheke farm.
Nga mihi nui
The
trustee
On behalf of the registered beneficial
owners
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