Briefing to the Incoming Minister
Section 4 - Statutory Responsibilities of the Minister
Statutory Responsibilities of the Minister
In addition to the general policy responsibility which Ministers share, the Minister of Māori Affairs is seen to have particular responsibility for the impacts of government policy on Māori people, for the impacts of Māori policy on the general public, and for the well-being of the relationships between the Crown and Māori.
In discharging these responsibilities the Minister has statutory obligations and powers under a wide variety of Acts. These may require the Minister to:
- Participate as a member of a particular board or statutory body;
- Make appointments (to particular boards or statutory bodies);
- Make recommendations regarding appointments; and
- Perform other miscellaneous powers or duties.
Membership of Statutory Boards and Statutory Committees
The Minister of Māori Affairs is Chairperson of the Māori Purposes Fund Board. This Board is established under the Māori Purposes Fund Board Act 1934 to administer the Māori Purposes Fund. The general purposes of the Māori Purposes Fund include supporting Māori arts and crafts and the preservation of the Māori language. The other Board members comprise of the Chief Executive of Te Puni Kōkiri, the members of Parliament for the Māori electoral seats and other members appointed by the Governor-General. It should be noted that there are currently legislative compliance issues with respect to the Māori Purposes Fund Board, as it has not held AGMs, or filed annual reports, since 2004/05.
The Minister of Māori Affairs is Chairperson of the Māori Soldiers Trust Committee. This Committee is established under the Māori Soldiers Trust Act 1957 to administer the Soldiers Fund Account for the benefit of Māori veterans and their dependants. The Māori Trustee is the Deputy Chairman and the other Committee members comprise of represen-tatives from each of the Māori Land Court Districts.
The Minister of Māori Affairs is an ex-officio member of the Waitangi National Trust Board. This Board is constituted under the Waitangi National Trust Board Act 1932 and its purpose is to preserve and administer the Waitangi grounds for the enjoyment and benefit of the people of New Zealand. The other ex-officio Board members are the Governor-General, the Prime Minister and the Minister of Conservation. The other members comprise of descendents and representatives of people directly associated with the Waitangi grounds.
The Minister of Māori Affairs is the Chairman of the Ngarimu VC and 28th Māori Battalion Memorial Scholarship Fund Board. This Board is established under the Ngarimu VC and 28th Māori Battalion Memorial Scholarship Fund Act 1945. The Deputy Chair is the Secretary for Education and other Board members comprise of the members of Parliament for the Māori electoral seats and four others appointed by the Governor- General. The Board provides scholarships for educational purposes and literary works.
Appointments Made by the Minister
The Minister of Māori Affairs is responsible for making appointments to, or making recom-mendations for appointments to, the following organisations:
- Māori Land Court Judges ;
- Waitangi Tribunal Members;
- Māori Land Court Rules Committee;
- Māori Land Court Consultative Committee;
- Te Taura Whiri I Te Reo Māori;
- Te Māngai Pāho;
- Māori Television Service;
- Māori Trust Boards;
- Māori Wardens;
- Māori Soldiers Trust;
- Poutama Trust;
- Wi Pere Trust;
- Bledisloe Trust;
- Pukepuke Tangiora Trust;
- Kaiapoi Reserve Board;
- New Zealand Geographic Board; and
- Hauraki Gulf Forum.
The Minister is also required to be consulted on appointments to the following Organisations:
- Arts Council of New Zealand Toi Aotearoa;
- Te Waka Toi;
- New Zealand Conservation Authority;
- Conservation Boards;
- Tertiary Educations Commissions;
- Māori Heritage Council;
- Queen Elizabeth the Second National Trust;
- Environment Court (Judges and alternate Environment Court Judges; Environment Commissioners and Deputy Environment Commissioners);
- Committees of Management for Taiapure;
- Archives Council;
- Local Government Commission;
- Library and Information Advisory Commission;
- Valuation Appeal Committee;
- Historic Places Trust Board;
- Legal Services Board;
- Guardians Kaitiaki of the Alexander Turnbull Library;
- National Fisheries Advisory Council;
- Special Tribunals constituted under the Resource Management Act;
- Boards of Examiners under the Licensed Interpreters Regulations; and
- National Kaitiaki Groups established under the Health (Cervical) Screening Regulations 1995.
In addition to appointments, the Minister of Māori Affairs also has certain statutory functions under various pieces of legislation. Significant responsibilities under Māori Affairs legislation include:
- Approving certain dealings by the Māori Trustee including borrowing money, pledging securities, and disposing of certain land under the Māori Trustee Act 1953;
- Referring any matter to the Māori Land Court for inquiry and making applications to the Māori Land Court to set land aside as Māori reservation under Te Ture Whenua Māori Act 1993;
- Appointing Māori Wardens and approving the sum to be appropriated by Parliament each year to the New Zealand Māori Council under the Māori Community Development Act 1962;
- Overseeing the financial accountability and elections of Māori Trust Boards under the Māori Trust Boards Act 1955, including the appointment and removal of Board members and directing investigations of Board affairs;
- Appearing before the Waitangi Tribunal on any matter relating to any land or interest transferred to or vested in State Enterprise or matter relating to Crown Forest land under the Treaty of Waitangi Act 1975;
- Preparing and presenting to the House of Representatives each year, a report on the progress being made in implementation of recommendations made to the Crown by the Waitangi Tribunal;
- Referring any matter relating to the Māori language to Te Taura Whiri I Te Reo Māori, for it to consider and provide a report on and receiving and laying before the House each year, annual reports from Te Taura Whiri on its work during that year;
- The power to direct Te Māngai Pāho (jointly with the Minister of Broadcasting) in relation to the general policy of the Government on the promotion of Māori language and culture or the functions, duties and powers, rights and authorities of Te Māngai Pāho.
- Undertaking functions of a responsible Minister under the Māori Television Service Act including recommending Orders in Council to change the composition of the Electoral College, determining the remuneration for the Service and presenting the Service’s annual report and SOI to the House of Representatives.
Te Puni Kōkiri maintains a register of all statutory requirements of the Minister of Māori Affairs, and initiates processes to ensure that statutory requirements are met as part of its legislative compliance programme.
Legislation Administered by Te Puni Kōkiri
In general, the principles and policies of the law are set out in Acts of Parliament. Matters of detail or implementation or matters likely to require frequent changes are usually contained in Regulations. The authority to make Regulations is contained in the relevant Act of Parliament. Regulations require Cabinet approval only and are promulgated by the Governor-General. unlike Acts, they do not go through the parliamentary process.
As well as complying with general legislation under which Te Puni Kōkiri and other govern-ment agencies are required to conduct their affairs, Te Puni Kōkiri and therefore the Minister, is responsible for administering the following 30 Acts of Parliament. This administrative role includes responsibility for: monitoring compliance, reviewing the legislation, and enacting any required amendments.
- Hauraki Māori Trust Board Act 1988;
- Lake Waikaremoana Act 1971;
- Maniapoto Māori Trust Board Act 1988;
- Māori Affairs Restructuring Act 1989;
- Māori Community Development Act 1962;
- Māori Housing Act 1935;
- Māori Land Amendment and Māori Land Claims Adjustment Act 1926;
- Māori Language Act 1987;
- Māori Purposes Act 1926-1981;
- Māori Purposes Act 1991;
- Māori Purposes Act 1993;
- Māori Purposes ( Wi Pere Trust ) Act 1994;
- Māori Purposes Fund Act 1934-1935;
- Māori Reserved Land Act 1955;
- Māori Soldiers Trust Act 1957;
- Māori Television Service (Te Aratuku Whakaata Irirangi Māori ) Act 2003;
- Māori Trust Boards Act 1955;
- Māori Trustee Act 1953;
- Māori Vested Land Administration Act 1954;
- Mauao Historic Reserve Vesting Act 2008
- Ministry of Māori Development Act 1991;
- Orakei Act 1991;
- Tarawera Forest Act 1967;
- Tauranga Moana Trust Board Act 1981;
- Te Rūnanga O Ngāti Porou Act 1987;
- Te Rūnanga O Ngāti Whātua Act 1988;
- Te Ture Whenua Māori Act 1993;
- Treaty of Waitangi Act 1975;
- Whanganui River Trust Board Act 1988;
- Broadcasting Act 1989, Part IVA.
In addition, Te Puni Kōkiri administers the following statutory regulations:
- East Coast Māori Trust Lands Block Committees’ Regulations 1936
- Māori Assembled Owners Regulations 1995 47
- Māori Land Court Fee Regulations 1993
- Māori Land Court Rules 1994
- Māori Incorporations Constitution Regulations 1994
- Māori Occupation Orders Regulations 1994
- Māori Reservation Regulations 1994
- Māori Purposes Fund Regulations 1937
- Māori Trust Office Regulations 1954
- Māori Housing Regulations 1960
- Māori Community Development Regulations 1963
- Māori Trust Board Regulations 1985
- Mawhera Incorporation Order 1976
- Parininihi ki Waitotara Incorporation Order 1976
- Tūhoe Waikaremoana Māori Trust Board Order 2008
- Whakatōhea Māori Trust Board Order 1996
- Whakatū Incorporation Order 1977
- Whanganui River Māori Trust Board Order 1996
- Whanganui River Māori Trust Board Order 2005.