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.
2.
3.
4.
5.
6.
Context
Some key licence provisions
Developing the package
Detailing the package
Implementing the package
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
Identifying
available CFL land
Determining
selection units
Agreeing timelines
Agreement
in Principle
Agreeing valuation
process document
Agreeing valuers’
instructions
Developing the package (continued)
Disclosing information
Agreeing transfer value(s)
Leading up to a
Deed of
Settlement
Current market
valuations
Negotiating transfer
value(s)
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
Continued disclosure
information
Perfecting Rights
Finalising the
Deed of Settlement
Consultation on licence
fee reviews
Licensee consultation
on reciprocal access
Settlement
Consultation, survey
for parts of forest
Registration
Settlement
Implementation
If part of a forest –
consultation for reciprocal
access
Survey & issue of new
licenses
Questions
Questions?