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Planning Bill

Key roles - Functions and powers of central and local government - Functions, powers, and responsibilities of territorial authorities

188: Duty to keep records about iwi and hapū

You could also call this:

"Councils must keep records about local Māori iwi and hapū groups"

Illustration for Planning Bill

If this bill becomes law, you will see changes to how territorial authorities keep records about iwi and hapū. You will notice that territorial authorities must keep and maintain records for each iwi and hapū in their district. These records will include contact details for iwi authorities and groups representing hapū. The records will also include planning documents recognised by each iwi authority and areas where iwi or hapū exercise kaitiakitanga. The Crown must provide information to territorial authorities to help them keep these records. This information will include details about iwi authorities and areas where iwi exercise kaitiakitanga. Territorial authorities must include this information from the Crown in their records. They can also keep records of other information relevant to their district, such as information about iwi or hapū obtained directly from the relevant iwi authority or group. However, the requirement to keep records about hapū only applies if the hapū requests it. If there is a conflict between the recorded information and another law or advice, the other law or advice will prevail. Territorial authorities can only use the information they keep under this section for the purposes of this Act. Any information provided under this section must be given in accordance with prescribed requirements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1526467.

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Topics:
Government and voting > Local councilsMāori affairs > Māori landMāori affairs > Treaty of Waitangi
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"Checking what councils are doing to look after our area"

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"Councils must respect important acknowledgements when planning"

Part 5Key roles
Functions and powers of central and local government: Functions, powers, and responsibilities of territorial authorities

188Duty to keep records about iwi and hapū

  1. Every territorial authority must, for the purposes of this Act or regulations made under this Act, keep and maintain for each iwi and hapū within its district, a record of—

  2. the contact details for each iwi authority within the district and for groups within the district representing hapū; and
    1. the planning documents recognised by each iwi authority and lodged with the territorial authority; and
      1. any area in the district where 1 or more iwi or hapū exercise kaitiakitanga; and
        1. any existing or initiated Mana Whakahono a Rohe applying in the region.

          1. For the purposes of subsection (1)(a) and (c), the Crown must provide to each territorial authority information on—

          2. the iwi authorities within the region of which the territorial authority is a part and any areas where 1 or more iwi exercise kaitiakitanga; and
            1. any groups that represent hapū for the purposes of this Act within the district and any areas where 1 or more hapū exercise kaitiakitanga; and
              1. the matters provided for in paragraphs (a) and (b) that the territorial authority has advised to the Crown.

                1. Each territorial authority—

                2. must include in its records all the information provided to it by the Crown under subsection (2); and
                  1. may also keep a record of information relevant to the district—
                    1. about 1 or more iwi, obtained directly from the relevant iwi authority representing the iwi for the purposes of this Act or regulations made under this Act; and
                      1. about 1 or more hapū, obtained directly from the relevant group representing the hapū for the purposes of this Act.

                      2. In this section the requirement under subsection (1) does not apply to hapū unless a hapū, though its representative group, requests the Crown or the territorial authority to include the information for that hapū.

                      3. If the information recorded in accordance with subsection (1) conflicts with a provision of another enactment, or advice given or determination made under the other enactment, the provision, advice, or determination under the other enactment, prevails.

                      4. Information kept and maintained by a territorial authority under this section must not be used by the council except for the purposes of this Act.

                      5. Information required to be provided under this section must be provided in accordance with any prescribed requirements.