The Law Commission report Waka Umanga: a Proposed Law for Maori Governance Entities was published in May 2006. In 2007 a Waka Umanga (Maori Corporations) Bill was drafted with Parliamentary Counsel office, and consultation with Maori and sector interest groups undertaken on this legislation, facilitated by Te Puni Kokiri (www.tpk.govt.nz). Report back from this consultation and amendments to the draft bill are under consideration by Government.
Obtain a Hard CopyAvailable online only.Published 8 Jun 2006
The report "Waka Umanga: A Proposed Law for Maori Governance Entities" contains recommendations for legislation to provide for a new legal entity specifically designed for Maori groups that manage communally owned assets.
Obtain a Hard CopyAvailable online only.Published 29 May 2007
In June and July 2007, Te Puni Kokiri and the Law Commission will undertake consultation with tribal and other Maori groups, also legal and business interest groups, on the Waka Umanga (Maori Corporations) Bill as drafted by Parliamentary Counsel Office. The draft Bill provides a legal entity (waka umanga) tailored to meet the organisational needs of Maori tribes and other groups that manage communal Maori assets. [For enquiries please contact Edwina Merito, Senior Policy Analyst, Te Puni Kokiri. Tel: 04 819 6069 Email: Edwina.Merito@tpk.govt.nz.
- Published 12 Dec 2006
Summary of a presentation on the Waka Umanga report given by Justice Eddie Durie to consultation hui held around the country in October-November 2006
- Published 8 Jun 2006
- Published 22 Dec 2005
The Law Commission commenced this self-referred project in 2004. Its terms of reference for the project are to develop a legal framework that will be available as an option for Mäori tribal and other groups wishing to develop representative bodies to manage communally-owned assets and give effect to communal rights and responsibilities on behalf of group members.
The Commission has built on the recommendations and options outlined in its Study Paper 13: Treaty of Waitangi Claims: Addressing the Post-Settlement Phase http://www.lawcom.govt.nz/UploadFiles/Publications/Publication_103_261_S... for which there was widespread support. The project has addressed that paper's recommendations for specific legislation to be developed which would enable a new form of Mäori legal entity to be created, tailored specifically to Mäori needs. The Commission has also gone further, to make substantial recommendations in regard to the process by which such entities are formed.
The pressing need for a new legislative framework for Mäori legal entities has been heightened by ongoing progress towards Treaty settlements, by the passage of the Maori Fisheries Act, the Foreshore and Seabed Act, and the Maori Commercial Aquaculture Claims Settlement Act in 2004, and by the requirements of the Local Government Act 2002 for greater engagement between Mäori and local government.
This draft report proposes a standard umbrella governance structure with certain core requirements regarding democratic representation, stewardship, information disclosure, accountability, and dispute resolution procedures. Maori groups will however largely be free to design corporate structures that suit their own particular circumstances and traditions.
The report therefore consists of recommendations for minimum legislative requirements, plus suggestions for consideration by Mäori communities which are developing their charters or constitutions. These suggestions and their accompanying commentary are intended for use by such communities as a sort of governance handbook.
The Commission has already consulted with a large number of tribal bodies and government agencies. Its draft Report comprises its work on the project to date. The draft is in a comparatively unpolished form, all the footnoting is still to be completed and checked, and it does not necessarily contain the Commission's final views on the issues discussed. However the Commission considers that it contains sufficient substance for it to be circulated, in the hope of receiving considered comments from recipients early in 2006 so that progress can be made in completing the project and reporting to the Government. It therefore sent the draft to some 300 individuals and organisations before Christmas, asking for their comments.
Requests for copies of the draft report should be sent to firstname.lastname@example.org. The Commission's office is closed between 23rd December and 4th January.
The Commission would particularly welcome comment on the level of compulsory requirements it has recommended, as opposed to matters which it has left to choice; in other words, should some of its “recommendations” be “suggestions,” or vice versa?
The Commission hopes to receive comments by mid-February 2006. These need not be in any particular form; e.g. it would welcome e-mailed messages, or notes which are written legibly on the draft report. It would also be very willing to meet with those who would prefer to comment orally.
- Published 22 Dec 2005
This draft report proposes a voluntary standard umbrella governance structure for tribes and other Maori groups. These will have certain core requirements regarding democratic representation, stewardship, information disclosure, accountability, and dispute resolution procedures. Maori groups will however largely be free to design corporate structures that suit their own particular circumstances and traditions.
Requests for copies of the draft report should be sent to email@example.com