THE TREATY OF WAITANGI (STATE ENTERPRISES) ACT 1988

                              1988, No. 105

 An Act---
   (a) To give effect to an agreement entered into between the New
         Zealand Maori Council and Graham Stanley Latimer and the Crown
         in settlement of an application for judicial review made by the
         New Zealand Maori Council and Graham Stanley Latimer; and
   (b) To make to the Treaty of Waitangi Act 1975, the State-Owned
         Enterprises Act 1986, and the Legal Aid Act 1969 the amendments
         proposed in that agreement; and
   (c) To protect existing and likely future claims before the Waitangi
         Tribunal relating to land presently in Crown ownership; and
   (d) To give better effect to the objects of the State-Owned
         Enterprises Act 1986, and to ensure compliance with section 9 of
         that Act


                                                   [30 June 1988

 WHEREAS---
   (a) The Crown intended, following the establishment of certain State
         enterprises under the State-Owned Enterprises Act 1986, to
         transfer certain land to those enterprises; and
   (b) The New Zealand Maori Council and Graham Stanley Latimer and the
         Iwi represented by them believed that the transfer of some or
         all of that land would constitute a breach by the Crown of
         section 9 of the State-Owned Enterprises Act 1986, which
         provides that nothing in that Act permits the Crown to act in a
         manner that is inconsistent with the principles of the Treaty of
         Waitangi; and
   (c) The New Zealand Maori Council and Graham Stanley Latimer, in
         furtherance of that belief, filed in the High Court at
         Wellington on the 30th day of March 1987 an application for
         judicial review; and
   (d) By order of the High Court the application for judicial review
         was, on the 1st day of April 1987, removed into the Court of
         Appeal; and
   (e) The Court of Appeal, on the 29th day of June 1987,---
           (i) Made a declaration that the transfer of assets to State
         enterprises without establishing any system to consider in
         relation to particular assets or particular categories of assets
         whether such transfer would be inconsistent with the principles
         of the Treaty of Waitangi would be unlawful; and
           (ii) Gave certain directions concerning the preparation by the
         Crown of a scheme of safeguards, which was to be lodged in the
         Court of Appeal after it had been submitted to the New Zealand
         Maori Council for agreement or comment; and
           (iii) Made a further declaration (which might be varied or
         discharged at any time on the motion of the Crown) that in the
         meantime the Crown ought not to take any further action
         affecting any of the assets referred to in the statement of
         claim, by way of transfer of assets or long-term agreement or
         arrangement, that is or would be consequential on the exercise
         of statutory powers conferred by the State-Owned Enterprises Act
         1986; and
   (f) After extensive negotiations between the New Zealand Maori Council
         and Graham Stanley Latimer and the Crown, there has not been
         agreement on a system, of the type described in paragraph (e)
         (i) of this Preamble, to apply, as was contended for by the New
         Zealand Maori Council and Graham Stanley Latimer, before the
         transfer of assets to State enterprises but there has been
         agreement on an alternative system of safeguards, to apply after
         the transfer of assets to State enterprises, so that, in the
         public interest, the transfers authorised by the State-Owned
         Enterprises Act 1986 may take place as soon as practicable; and
   (g) It is essential, in order to protect the position of Maori
         claimants and to ensure compliance with section 9 of the
         State-Owned Enterprises Act 1986, that there be safeguards---
           (i) Including power for the Waitangi Tribunal to make a
         binding recommendation for the return to Maori ownership of any
         land or interests in land transferred to State enterprises under
         that Act; and
           (ii) Requiring the Waitangi Tribunal to hear any claim
         relating to any such land or interests in land as if it or they
         had not been so transferred; and
           (iii) Precluding State enterprises and their successors in
         title from being heard by the Waitangi Tribunal on claims
         relating to land or interests in land so transferred; and
   (h) The New Zealand Maori Council and Graham Stanley Latimer and the
         Crown have agreed that amendments to the Treaty of Waitangi Act
         1975, the State-Owned Enterprises Act 1986, and the Legal Aid
         Act 1969 are required in order to allow the transfers and to
         protect existing or likely future claims before the Waitangi
         Tribunal; and
   (i) The Crown has agreed to submit for the consideration of Parliament
         a Bill containing the amendments agreed on; and
   (j) The New Zealand Maori Council and Graham Stanley Latimer and the
         Crown have informed the Court of Appeal of the nature of those
         amendments; and
   (k) The Court of Appeal has, by consent of the parties to the
         application for judicial review, discharged both the directions
         given by it to the Crown and the consequential interim
         declaration made by it in relation to those directions; and
   (l) It is desirable that the agreement between the New Zealand Maori
         Council and Graham Stanley Latimer and the Crown be given effect
         to and that the amendments proposed in that agreement to the
         Treaty of Waitangi Act 1975, the State-Owned Enterprises Act
         1986, and the Legal Aid Act 1969 be made.