Crown forest land

Developing a settlement package – presentation to the Hauraki Collective by Land Information New Zealand

Jeff Logan, Jacob Taulealea, David Clode

10 December 2010

Content

1. Context

2. Some key licence provisions

3. Developing the package

4. Detailing the package

5. Implementing the package

6. Questions

Context

• Land Information New Zealand (LINZ) –

• is a government department

• manages Crown forest land and Crown forestry licences

• negotiates the transfer value of Crown Forest Licence (CFL) Land through the Treaty settlements process

• has a different role from OTS in the Treaty settlement process

Context (continued)

• Crown forest land

• Held under the Crown Forest Assets Act 1989 for settlement of Treaty claims

• Crown forestry licences (CFL’s)

• authorised by the Crown Forest Assets Act

• forestry Companies purchased trees and infrastructure on Crown Forest Assets Act land from the Government of the day

• the Licences enable the forestry companies to occupy Crown Forest Land to manage and harvest forestry assets

• licence fees collected are paid to the Crown Forestry Rental Trust to hold until the land is returned to Maori.

Some key provisions of the licence

Management provisions

Section 3 - Initial fixed term then year to year by way of automatic extension.

Section 4 - Licence fee payable yearly in advance.

- Periodic review of licence fee 3 yearly. (defined process)

- General review of basis for fixing fee 9 yearly. (defined process)

Some key provisions of the licence(continued)

Management provisions (continued)

Section 6 - Wahi Tapu may be excluded from licence or covenanted- discovery of human bones or Maori artefacts triggers consultation

- Compliance with protective covenants & public access easements

- Public wander at will access for recreation while licensor is Crown

Some key provisions of the licence(continued)

Section 7 - Licensee bound by any special management provisions (App C).

Section 8 - Compliance with rights & obligations of existing rights (App D).

Section 10 - Marginal strip provisions

Some key provisions of the licence(continued)

Section 16 – Describes action required when all land to be (Part IIB) returned to Maori.

Termination notice

35 years to expiry of licence. Hand back as harvested.

Section 17 – Describes action required when part land to be (Part IIC) returned to Maori.

Termination notice 35 years to expiry of licence. Hand back as harvested.

Consultation & survey to provide for reciprocal rights of way between parts.

Developing the package

Agreement in Principle

Identifying available CFL land Agreeing timelines

Agreeing valuers’ instructions

Agreeing valuation process document

Determining selection units

Developing the package (continued)

Disclosing information

Current market valuations

Negotiating transfer value(s)

Agreeing transfer value(s)

Leading up to a Deed of

Settlement

Process

Action the agreed documents to the agreed timetable

• LINZ discloses all information• Issue agreed valuation instructions to valuer’s• Valuers jointly inspect land and agree base

inputs/assumptions• Valuers present final reports• Principals exchange final valuation reports• Principals assess both valuation reports • Principals meet to negotiate an agreed transfer value• In the event of no agreement refer to arbitration and await

the result

Outcome

Crown forest land redress and the agreed transfer value is identified and fully described in the Deed of Settlement.

Implementing the package

Finalising the

Deed of Settlement

Perfecting Rights Continued disclosure information

Licensee consultation on reciprocal access

Consultation on licence fee reviews

Settlement

Settlement Implementation

RegistrationConsultation, survey for parts of forest

Survey & issue of new licenses

If part of a forest – consultation for reciprocal access

Questions

Questions?