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Natural Environment Bill

Key roles - Functions, powers, and responsibilities of regional councils - Information and monitoring

228: 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 Natural Environment Bill

If this proposed law is passed, regional councils will have to keep records about iwi and hapū in their area. You will need to know that these records must include contact details for iwi authorities and groups representing hapū. The records must also include planning documents and information about areas where iwi or hapū have kaitiakitanga. The government must give regional councils information about iwi authorities and areas where iwi exercise kaitiakitanga. You should be aware that regional councils must include this information in their records. They can also keep their own records of information about iwi and hapū that they get directly from them. If a hapū wants to be included in the records, they must ask the government or regional council to add their information. In some cases, information in the records might conflict with other laws or decisions, and in those cases, the other law or decision will be more important. Regional councils can only use the information in the records for the purposes of this proposed law or regulations made under it. Information kept under this proposed law must be provided in a certain way. The government will decide how this information is provided. You will need to follow these rules if you are involved in keeping or providing this information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557570.

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Part 5Key roles
Functions, powers, and responsibilities of regional councils: Information and monitoring

228Duty to keep records about iwi and hapū

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

  2. the contact details for each iwi authority within the region and for groups within the region representing hapū; and
    1. the planning documents recognised by each iwi authority and lodged with the regional council; and
      1. any area in the region where 1 or more iwi or hapū exercise kaitiakitanga:
        1. any existing or initiated Mana Whakahono a Rohe applying in the region.
          1. The Crown must maintain and provide to each regional council information (including updated information) on—

          2. the iwi authorities within the region of that regional council 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 region and any areas where hapū exercise kaitiakitanga; and
              1. the matters provided for in paragraphs (a) and (c) that the regional council has advised to the Crown.
                1. Each regional council—

                2. must include in its records all the information provided to it by the Crown under subsection (2); and
                  1. may also keep, for the purposes of this Act or regulations under this Act, a record of information relevant to the region—
                    1. about 1 or more iwi, obtained directly from the relevant iwi authority; and
                      1. about 1 or more hapū, obtained directly from the relevant group representing the hapū for the purposes of this Act or regulations made under this Act.
                      2. In this section the requirement under subsection (1) does not apply to hapū unless a hapū, through its representative group, requests the Crown or the regional council 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 regional council under this section must not be used by the council except for the purposes of this Act or of regulations made under this Act.

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