<< Schedule 6 Schedule 8 >> Back to contents
s 17

Schedule 7
Kaupapa applying to constitutional documents of mandated iwi organisations

The kaupapa set out in this schedule—

(a) must be provided for in the constitutional documents of every mandated iwi organisation; but

(b) only apply for the purposes of this Act.

Kaupapa of iwi representation

Kaupapa 1

(1) All adult members of an iwi must have the opportunity, at intervals not exceeding 3 years, to elect the directors, trustees, or officeholders, as the case may be, of the mandated iwi organisation of the iwi.

(2) Elections for individual offices may be held at different times, and for different terms of office. However, no person elected to office may hold office for a period longer than 3 years without facing re-election.

Kaupapa 2

All adult members of an iwi—

(a) have voting rights—

(i) in elections for the appointment of directors, trustees, or other officeholders of the mandated iwi organisation; and

(ii) on amendments to the constitutional documents of the mandated iwi organisation; and

(iii) in relation to the disposal of income shares under section 70; and

(iv) in relation to the disposal of settlement quota under sections 159 and 162; and

(b) may put forward proposals for constitutional change for the consideration of the directors, trustees, or other officeholders, as the case may be.

Kaupapa 3

(1) A mandated iwi organisation must ensure that voting rights of iwi members are able to be exercised at appropriate times in an election of directors, trustees, or other officeholders, in accordance with the constitutional documents and policies of the mandated iwi organisation, but iwi members have no right to vote in respect of the appointment of the employees of a mandated iwi organisation.

(2) If a mandated iwi organisation has electronic voting facilities, every adult member of the iwi has the right to vote by electronic means, but electronic voting must not be the only means by which a member may vote.

Notification of meetings

Kaupapa 4

(1) A general meeting of a mandated iwi organisation must be notified by a public notice that must include—

(a) the date and time of the meeting and its venue; and

(b) the agenda for the meeting; and

(c) where any relevant explanatory documents may be viewed or obtained; and

(d) any other information specified by or under this Act.

(2) In the case of the general meeting of a mandated iwi organisation required by section 17(2) (which relates to ratification of the constitutional documents of the mandated iwi organistion), the meeting must be notified by both—

(a) a public notice that gives—

(i) the information required under subclause (1); and

(ii) advice that a vote is to be taken to ratify the constitutional documents of the mandated iwi organisation; and

(b) a private notice, sent to every adult member on the register of iwi members, that gives—

(i) the information required for the public notice; and

(ii) a copy of the ballot paper for the vote to be taken at the meeting; and

(iii) advice as to the address to which, and the date by which, the completed ballot paper must be returned.

(3) In the case of a general meeting of a mandated iwi organisation required by kaupapa 2 (which relates to elections), section 18 (which relates to changing a constitutional document), section 70 (which relates to the disposal of income shares), or by sections 159 or 162 (which relate to the conversion and disposal of settlement quota), the mandated iwi organisation—

(a) must give a public notice that includes—

(i) the information required under subclause (1)(a); and

(ii) the matter or issues on which the vote is to be taken; and

(b) must give a private notice with the information required under subclause (2)(b) to any adult member of the iwi who,—

(i) at the time of registering on the register of iwi members, made a written request to be sent a private notice and postal ballot papers for every meeting relating to 1 or more of the relevant provisions; or

(ii) whether or not on the register, makes a written request for a private notice in respect of a particular meeting.

Iwi membership

Kaupapa 5

Every mandated iwi organisation must—

(a) have, and maintain in a current state, a register of iwi members—

(i) that includes the name, date of birth, and contact details of every member of the iwi who applies for registration; and

(ii) that is available for inspection by registered members of the iwi; and

(b) provide for—

(i) adult members of the iwi to register themselves; and

(ii) other members to be registered by a parent or legal guardian; and

(iii) persons registering on the register of iwi members to be able to state whether they wish to receive a private notice for general meetings and postal ballot papers relating to the matters listed in subclause (3) of kaupapa 4; and

(c) make ongoing efforts to register all iwi members.

Kaupapa 6

(1) The policy of a mandated iwi organisation relating to the rights of whangai or other persons who do not descend from a primary ancestor of the iwi must be—

(a) determined in accordance with the tikanga of the iwi; and

(b) stated in the constitutional documents of the mandated iwi organisation

(2) In this kaupapa, whangai refers to a person adopted by a member of an iwi in accordance with the tikanga of that iwi, but who does not descend from a primary ancestor of the iwi.

Accountability

Kaupapa 7

(1) Every mandated iwi organisation is accountable for its performance to all the members of the iwi, including members not living within its territory, and therefore has reporting responsibilities in relation to—

(a) its own performance; and

(b) the performance of—

(i) its asset-holding companies; and

(ii) any joint venture or other entity that conducts business using the settlement assets of the mandated iwi organisation.

(2) Each year, each mandated iwi organisation must hold a general meeting at which it provides an opportunity for the members of the iwi to consider—

(a) the annual report for the previous financial year, made available not less than 20 working days before the meeting, that reports against the objectives set out in the annual plan for the previous year, including—

(i) information on the steps taken by the mandated iwi organisation to increase the number of registered members; and

(ii) a comparison of its performance against the objectives set out in the annual plan, including—

(A) changes in shareholder or member value; and

(B) dividend performance or profit distribution; and

(iii) the annual audited financial report, prepared in accordance with generally accepted accounting practice, and accounting serparately for settlement cash assets; and

(iv) a report giving information of the sales and exchanges of settlement quota in the previous year, including—

(A) the quantity of settlement quota held by the asset-holding company of the mandated iwi organisation in that year; and

(B) the value of settlement quota sold or exchanged; and

(C) n] the identity of the purchaser or other party to the exchange; and

(D) any transaction with settlement quota that has resulted in a registered interest by way of caveat or mortgage being placed over the quota; and

(E) the settlement quota interests that have been registered against the quota shares of the mandated iwi organisation; and

(F) the value of income shares sold, exchanged, or acquired; and

(v) a report on the interactions of the mandated iwi organisation in fisheries matters—

(A) with other entities within the iwi; and

(B) with other mandated iwi organisations; and

(C) with Te Ohu Kai Moana Trustee Limited; and

(vi) any changes made under section 18 to the constitutional documents of the mandated iwi organisation or those of its asset-holding companies or any subsidiaries of the asset-holding companies; and

(b) an annual plan for the next financial year, that must include—

(i) the objectives of the annual plan; and

(ii) the policy of the mandated iwi organisation in respect of sales and exchanges of settlement quota; and

(iii) any changes in that policy from the policy for the previous year; and

(iv) any proposal to change the constitutional documents of any fishing company owned by the mandated iwi organisation; and

(c) in relation to every asset-holding company of a mandated iwi organisation or any subsidiary of an asset-holding company that receives settlement assets,—

(i) an annual report on—

(A) the performance of that asset-holding company or any of its subsidiaries; and

(B) the investment of money of that asset-holding company or any of its subsidiaries; and

(C) the matters set out in paragraph (b) of kaupapa 11; and

(ii) any proposal to change the constitutional documents of the asset-holding company or any of its subsidiaries.

(3) Information referred to in this kaupapa must be made available in writing on request by any member of the iwi.

Kaupapa 8

There must be a dispute resolution mechanism to deal with disputes between members of the iwi and the mandated iwi organisation relating to matters arising under this Act, including a means to deal with disputes raised by persons whose applications for registration are not accepted.

Ownership of iwi fisheries assets

Kaupapa 9

(1) If a mandated iwi organisation wishes to have its own fishing operation, utilising annual catch entitlement from its settlement quota to harvest, process, or market fish, or to be involved in a joint venture for those purposes, it must establish a fishing enterprise separate from, but responsible to, the mandated iwi organisation to undertake those operations.

(2) An enterprise set up to undertake such operations must be a separate entity from the asset-holding company or subsidiary established by an asset-holding company to which any settlement quota or income shares of the iwi are transferred.

Governance

Kaupapa 10

The elected directors, trustees, or officeholders, as the case may be, of a mandated iwi organisation must not comprise more than 40% of the total number of directors, trustees, or officeholders of an asset-holding company, a subsidiary established by an asset-holding company, or a fishing enterprise established in accordance with Kaupapa 9.

Kaupapa 11

Every mandated iwi organisation must exercise strategic governance over —

(a) its asset-holding companies, any subsidiary of an asset-holding company, and any fishing company or joint venture referred to in Kaupapa 9; and

(b) the process to examine and approve annual plans that set out—

(i) the key strategies for the use and development of iwi fisheries assets:

(ii) the expected financial return on the assets:

(iii) any programme to—

(A) manage the sale of annual catch entitlements derived from the settlement quota held by asset-holding companies or their subsidiaries:

(B) reorganise the settlement quota held by asset-holding companies or their subsidiaries, as by buying and selling settlement quota in accordance with this Act.