Constitution of Te Rūnanga o Te Rarawa
INTRODUCTION
- This Constitution empowers Te Rūnanga o Te Rarawa to act as the principal governance body to administer the affairs of Te Rarawa, including:
- acting as the Mandated Iwi Organisation of Te Rarawa for the purposes of the Maori Fisheries Act 2004;
- acting as the Iwi Aquaculture Organisation for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004;
- to receive the Te Rarawa Treaty of Waitangi historical claim settlement; and
- to receive any other settlements or resources that Te Rarawa may, from time to time, be entitled to.
- This Constitution sets out the functions and purposes, and provides for the control, governance, and operation of Te Rūnanga o Te Rarawa. The Elected Delegates shall, subject to clause 7.9, have the power to register this Constitution under any other form of trust or appropriate legal entity in the future.
- The Existing Charitable Trust named Te Rūnanga o Te Rarawa was incorporated on 29 March 1990. It was granted Mandated Iwi Organisation status for the purposes of the Maori Fisheries Act on 29 August 2006 and was also granted Iwi Aquaculture Organisation status for the purposes of the Maori Commercial Aquaculture Claims Settlement Act on 29 August 2006.
- The Existing Charitable Trust has represented Te Rarawa throughout all historical Treaty settlement negotiations which have culminated in the signing of a Deed of Settlement on 28 October 2012.
- The Crown’s policy requires the transfer of Treaty settlement redress to a post settlement governance entity (“PSGE”) that is not a charitable trust. The Existing Charitable Trust was therefore considered unsuitable by the Crown to receive the Treaty settlement redress on behalf of Te Rarawa.
- On 17 October 2012, the Existing Charitable Trust passed resolutions authorising the establishment of Te Rūnanga PSGE to receive Te Rarawa’s Treaty settlement redress. The Existing Charitable Trust, as settlor, has paid the Elected Delegates $1.00 to settle the Trust.
- From the Establishment Date until the Settlement Date, Te Rūnanga shall operate within a Transitional Phase.
- During the Transitional Phase the business of the Existing Charitable Trust shall continue to operate alongside the business of Te Rūnanga PSGE as usual under the Constitution of the Existing Charitable Trust.
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