RETENTION AND DISPOSAL APPRAISAL REPORT Te Kooti Whenua Māori Māori Land Court Te Kooti Pīra Māori Māori Appellate Court Court records

Transcription

1 RETENTION AND DISPOSAL APPRAISAL REPORT Te Kti Whenua Māri Māri Land Curt Te Kti Pīra Māri Māri Appellate Curt Curt recrds Versin 2.7a 17 May 2016

2 Date f Dcument: 17 May 2016 Name f public ffice: Māri Land Curt and Māri Appellate Curt, Ministry f Justice Te Kti Whenua Māri me Te Kti Pīra Māri, Te Tāhū te Ture Public ffice cntact: Leigh Nichlas, Infrmatin and Recrds Management Analyst Dispsal type: Retentin and dispsal reprt Cverage: All Registry Offices f the Māri Land Curt and Māri Appellate Curt Scpe: Recrds f the substantive functins f the Curt Authrs: Taiawhi R. WAITITI, Senir Business Advisr Leigh NICHOLAS, Infrmatin and Recrds Management Analyst Ministry f Justice Māri Land Curt / Māri Appellate Curt L7, Fujitsu Twer, 141 The Terrace DX SX11203, Wellingtn, New Zealand T F E mlcrdsfeedback@justice.gvt.nz W

3 Cntents What is a Retentin and Dispsal Appraisal Reprt? 5 1. Executive Summary Vlume f Recrds 6 2. Scpe f Retentin and Dispsal Appraisal Reprt 7 3. Public Office (Agency) Infrmatin The Māri Land Curt Business Unit Histry f the Māri Land Curt Legislatin Gverning the Curt s Recrds 9 4. Recrdkeeping Envirnment Permanent Recrd f the Curt Methdlgy Relevant Precedent Internal Cnsultatin External Cnsultatin Schedule Frmat Dispsal Criteria Descriptin f Classes Recrds Dated up until Adptin Recrds Recrds Cncerning the Curt s Management f the Affairs f Individuals Recrds abut Land Use Curt Hearing Recrds and Legal Instruments Case Management Recrds Recrds f Appeal and Review Prcesses Maintaining the Title Recrd Registers and Indexes Requests fr derivatin r ther infrmatin frm the Curt Recrd Maps and Plans Access Restrictins n Recrds held at Archives New Zealand Authrisatin fr Transfer f Recrds t Archives New ZealandErrr! Bkmark nt defined.

4 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt

5 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt What is a Retentin and Dispsal Appraisal Reprt? This retentin and dispsal appraisal reprt is prduced in satisfactin f the requirements set ut in the Public Recrds Act The purpse f the Public Recrds Act 2005, amng ther gals, is t ensure that full and accurate recrds f the affairs f central and lcal gvernment are created, maintained and prvide fr the preservatin f, and public access t, recrds f lng term value. The Act prvides a framewrk within which public ffices (such as the Māri Land Curt and the Ministry f Justice) create and maintain public recrds and the transfer f thse dcuments aged ver 25 years ld t the Chief Archivist at Archives New Zealand. T satisfy this requirement fr transfer, all public ffices are required t review all their public recrds which have been existence fr 25 years, and develp what is cmmnly referred t as a retentin and dispsal appraisal reprt, which identifies and catalgues its recrds, determines whether r nt thse recrds are f nging histrical value, and shuld therefre be retained (and eventually transferred t the Chief Archivist) r determine the manner in which they shuld be dispsed (this culd be by transferring them t a lcal cmmunity grup r iwi authrity). The develpment f this retentin and dispsal reprt prvides the Māri Land Curt a framewrk under which ur recrds can be categrised and indexed acrss ur registry ffices and prvides the required authrity (frm the Chief Archivist) n which recrds we will retain, which are f histrical value and which are nt, n what basis we will transfer recrds t the Chief Archivist and what we will d with recrds when they are n lnger required. A retentin and dispsal reprt des nt mean that all recrds ver 25 years ld will autmatically be transferred, nr has any decisin f the transfer f recrds f the Curt been made. This appraisal reprt allws the Curt t seek an authrity frm the Chief Archivist n the ptential transfer f recrds - nce that authrity is granted - then a separate prcess will be undertaken t determine what, if any, recrds will be transferred. Recrds that are still in nging use by the Māri Land Curt will be retained (regardless f age) until they are n lnger required by the Curt, r, where there are cnservatin issues arund the age, fragility r nging availability f that recrd. It shuld als be nted that, even if the Curt s recrds are transferred t the Chief Archivist, they remain available t the public (and the Curt) either thrugh Archives New Zealand, r upn request by the Māri Land Curt t have the recrds retrieved and sent t a registry ffice. 5

6 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt 1. Executive Summary This appraisal reprt has been prepared specifically fr the physical paper recrds f the Māri Land Curt and Māri Appellate Curt which are held at the seven district registry ffices thrughut New Zealand. These recrds cmprise the administrative dcumentatin that supprt and give effect t the decisins f the Māri Land Curt and Māri Appellate Curt pertaining (but nt being limited t) the exercise f the jurisdictin f the Curt with respect t the wnership and utilisatin f Māri land and the subsequent maintenance and accuracy f the Māri land title recrds by the Curt administratin. The Māri Land Curt (frmerly the Native Land Curt) has existed since 1865 and the Māri Appellate Curt (frmerly the Native Appellate Curt) since Whilst sme Curt recrds have already been transferred t Archives New Zealand, Registry Offices cntinue t hld a significant vlume f aged recrds, sme dating back t the creatin f the Curt and sme even pre-dating the establishment f the Native Land Curt. Recrds relating t the investigatin f wnership f Māri Custmary Land, its subsequent cnversin t Māri Freehld Land and the chain f wnership, alienatin and use f that land, are fundamental t the histry f New Zealand, and are the subject f cntinuing interest and inquiry with imprtant rights attached. They dcument nt nly the statutry functins f the Curt f recrd in New Zealand but als reflect the plitical and scial climate affecting Māri and legislatin relating t Māri. Many f the recrds cvered by this reprt prvide evidence f the legal status, rights, interests and entitlements f individuals relating t current and frmer Māri Land, the whakapapa f Māri land wners and the general characteristics, use and ccupatin f the land prir t clnisatin in New Zealand. These recrds are f prfund cultural imprtance t Māri and t the natin as a whle. They are als f significance t the n-ging prcess f histrical claims and inquiries brught under the Treaty f Waitangi Act 1975 and they prvide a rich and detailed resurce fr New Zealand scial and ecnmic histry. Accrdingly, mst f the recrds cvered by the reprt have been recmmended fr retentin as public archives. The Curt has, since its creatin, been a unit within a number f different and frmer gvernment agencies. As such, recrd keeping in the Curt has been variable with a frmer district fcus resulting in many different classificatins and arrangements f recrds, similar t the recrds f General land administratin managed by Land Infrmatin New Zealand and its predecessrs. This reprt has attempted t prvide relatively generic classes based n the functins and activities f the Curt in rder t capture the varius sequences f recrds kept in the different District registries Vlume f Recrds The estimated vlume f Curt recrds based n recrds currently held either at Registries r in external strage facilities measured in linear metres: 8,264m. 6

7 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt 2. Scpe f Retentin and Dispsal Appraisal Reprt This appraisal reprt is intended t cver the permanent recrd and audi recrdings f the Māri Land Curt as defined by rules 7.16 and 7.19 f the Māri Land Curt Rules Public Office (Agency) Infrmatin Name f public ffice: Alternative name: Public ffices physical lcatin: Year established: Te Kti Whenua Māri / Māri Land Curt Te Kti Pīra Māri / Māri Appellate Curt Taitkerau District - Whangārei registry ffice and Auckland Infrmatin Office Waikat-Maniapt District - Hamiltn registry ffice Waiariki District - Rtrua registry ffice Tairāwhiti District - Gisbrne registry ffice Tākitimu Hasting registry ffice Atea - Whanganui registry ffice Te Waipunamu - Christchurch registry ffice Office f the Chief Registrar Wellingtn Natinal ffice The Māri Land Curt was established as the Native Land Curt under the prvisins f the Native Lands Act 1865 subsequently becming the Māri Land Curt under the prvisins f the Māri Purpses Act Year disestablished: The Māri Appellate Curt was established as the Native Appellate Curt under the prvisins f the Native Land Curt Act 1894 subsequently becming the Māri Appellate Curt under the prvisins f the Māri Purpses Act Current 3.1. The Māri Land Curt Business Unit The Ministry f Justice is primarily respnsible fr the prvisin f the verall administrative and financial supprt services t bth the Māri Land Curt and the Māri Appellate Curt (hereinafter referred t as the Curt ) thrugh the Māri Land Curt Business Unit (therwise knwn as the Curt administratin). The Business Unit prvides a range f services that supprt the Curt prcess thrugh the prvisin f: Curt prcessing and supprt services t the Māri Land Curt and Māri Appellate Curt; Administratin services t supprt judicial decisin-making and the statutry functins f the Chief Registrar, Registrars, Deputy Registrars and Officers f the Curt; Access t the current and histric permanent recrd f the Curt; 7

8 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt Practive advisry and facilitatin services t prmte the retentin, use, develpment and cntrl f Māri Land as tanga tuku ih by Māri wners, their whānau, their hapū and their descendants; and Effective management, maintenance, access, custdy and preservatin f the Māri Land Curt electrnic and physical recrds. The Curt has a Chief Judge, a Deputy Chief Judge, seven permanent Judges, tw temprary and ne acting Judge distributed thrughut the cuntry acrss the Māri Land Curt registries. The jurisdictin f the Curt is set ut in Te Ture Whenua Māri Act 1993, which empwers the Curt t hear matters relating t Māri Land and General Land wned by Māri with respect t (but nt limited t) the fllwing: Successin t, and the transfer f, interests in Māri Land; The creatin, review and enfrcement f the bligatins f trusts and incrpratins; The replacement, remval and appintment f trustees; Alienatin f Māri Land by way f lease, mrtgage, easement, gift r sale; Title imprvement by way f subdivisin, aggregatin, amalgamatin and ccupatin; and Appeals. In additin the Curt als has jurisdictin t hear cases under ther statues such as the Māri Fisheries Act 2004, the Māri Cmmercial Aquaculture Claims Settlement Act 2004, the Fisheries Act 1996, the Prtected Objects Act 1975 and the Trustee Act Whilst the Curt is a frmal curt f recrd, the cnduct f hearings is determined by the presiding Judge and cases are ften prsecuted by the applicant r members f the public as ppsed t the requirement f frmal representatin. Where a case invlves cmplex issues f law and fact r tikanga r custmary cncepts, the Curt may call upn expert evidence and representatin be prvided. The use f Te Re Māri is a cmmn ccurrence in the Curt. Further infrmatin abut specific functins f the Curt can be fund in sectin 6 discussing particular classes f recrds Histry f the Māri Land Curt As a precursr t the current Curt, a Native Land Cmmissin was established by the Native Lands Act Whilst the cmmissin did have hearings in the Kaipara, it was subsequently replaced by the current curt f recrd knwn as the Native Land Curt under the Native Lands Act Fllwing a lng perid f parliamentary petitins, the Native Appellate Curt was established under the Native Land Curt Act 1894 t hear and determine appeals frm the Native Land Curt. In the intervening perid, bth Curts have cntinued under subsequent legislatin, being renamed the Māri Land Curt and Māri Appellate Curt under the Māri Purpses Act 1947 and cntinuing under Te Ture Whenua Māri Act Agencies that have prvided administratin supprt t the Māri Land Curt are as fllws 1 : Native Affairs Department Department f Justice Department f Native Affairs Department f Māri Affairs Archives New Zealand Archway 8

9 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt Department f Justice Department fr Curts Ministry f Justice current 3.3. Legislatin Gverning the Curt s Recrds The Māri Land Curt and Māri Appellate Curt are cntinued as curts f recrd under the Te Ture Whenua Māri Act 1993 and are administered in accrdance with this Act and the assciated rules and regulatins issued under this Act which include the: Māri Reservatins Regulatins 1994; Māri Occupatin Orders Regulatins 1994; Māri Incrpratins Cnstitutin Regulatins 1994; Māri Land Curt Rules 2011; Māri Assembled Owners Regulatins 1995; and Māri Land Curt Fees Regulatins In its lng histry, the Curt has perated under a number f different legislative prvisins which have included but are nt limited t the fllwing majr pieces f legislatin: Native Land Act 1862; Native Land Act 1865; Native Land Act 1867; Native Land Act 1873; Native Land Curt Act 1880; Native Land Divisin Act 1882; Native Land Curt Act 1886; Native Land (Validatin f Titles) Act 1892; Native Land Curt Act 1894 (cnslidating and establishing the Native Appellate Curt); Native Land Laws Amendment Act 1899; Māri Lands Administratin Act 1900; Māri Land Settlement Act 1905; Native Land Act 1909 (which included the jurisdictin fr Adptins, later repealed in 1962); Native Trustee Act 1920; Native Land Act 1931; Māri Affairs Act 1953; Māri Affairs Amendment Act 1967; Māri Affairs Amendment Act 1974; and Māri Land Act 1993 / Te Ture Whenua Māri Act

10 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt 4. Recrdkeeping Envirnment Prir t 2000, the recrd keeping f the Curt was managed at a reginal level fcussed n the prceedings f the Curt, cntained in reginal Minute Bks and the decisins that resulted frm thse prceedings. File classificatin structures and indexes were develped in islatin frm ther reginal ffices and are a result f the administratin f the Curt by different agencies. Launched in 1999, the Māri Land Infrmatin System (MLIS) was develped t prvide an integrated infrmatin technlgy slutin fr the Curt by bringing tgether a case prcessing system with a land registry system and an integrated dcument management system. The MLIS facilitated the transfer f previusly paper based infrmatin n wnership, title, memrial, minute bk and curt rders t a digital system which allwed access t the permanent recrd f the Curt by staff, the judiciary and clients. The histrical recrd f the Curt frm 1866 t 2001 was added t the MLIS between 1999 and 2001 as part f a dedicated imaging prgramme. The current imaged recrd f the Curt has cntinued t increase as staff maintain, add and update applicatin dcuments in the MLIS. As a new applicatin is made t the curt, all assciated dcumentatin is imaged int the MLIS fr strage electrnically. Whilst the Curt has, since the launch f MLIS, mved t an electrnic perating mdel, string its dcuments electrnically as part f the system, technlgical advancements in the past 25 years have nw vertaken the system which nw requires significant investment t take advantage f mre mdern recrd and land management systems. In additin t these technical limitatins, regulatins and rules assciated with the Curt required it t maintain bth the electrnic and paper recrds. This duplicatin f prcess cntinues t be current practice. In respnse t the need t review its recrds under the Public Recrds Act 2005, the Curt undertk a Preservatin f the Recrd prject, which was initiated in 2009, creating Recrds Preservatin Officer rles in each f the seven district registries t implement a natinal recrd handling and preservatin strategy fr the Curt recrd. Recrds Preservatin Officers have carried ut an extensive prgramme f wrk t identify, list and repackage int apprpriate cntainers, the large quantities f recrds held by the Curt. This prgramme f wrk is n-ging. Present day applicatin recrds are (nce cncluded) filed bth electrnically by applicatin number in the MLIS and physically n a clsed applicatin file by the last minute bk reference assciated with the applicatin, r n the related Trust file (if the applicatin related t a management structure) r by persnality r estate file (if the applicatin related t a successin) in the district registry ffice in which the land is lcated, r where there is n defined land, in the district registry ffice in which the applicatin was last heard r rdered. This variatin f recrd keeping acrss the reginal and natinal envirnments has been addressed n an ffice by ffice basis by gruping recrds based n the class f each dcument acrss a set f generic classes. Sectin 6 sets ut a descriptin f the classes used t categrise dcuments held by the Curt Permanent Recrd f the Curt The Māri Land Curt and Māri Appellate Curt are curts f recrd and have all the pwers and duties that are inherent in a curt f recrd. The recrd f the Curt is cntained within its permanent recrd, which is defined by rule 7.19 f the Māri Land Curt Rules 2011 as cmprising: 10

11 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt A. The minute bks, that is, the bks r binders cntaining the hard-cpy recrd f the prceedings f the Curt; and B. The files f the Curt cntaining the hard-cpy applicatins and ther dcuments r materials cmpiled by the Curt in respect f each prceeding; and C. Original rders and recmmendatins issued by the Curt r a Registrar; and D. Instruments f alienatin, statements f accunt, blck rder files, r ther dcuments r plans, r cpies f them relevant t the Curt title recrd and depsited with r held by the Curt; and E. Any ther dcuments, plans, materials, r recrds that a) A Judge r Registrar cnsiders necessary t preserve the Curt s histrical recrd f title and wnership; r b) A Judge r Registrar cnsiders necessary fr the Curt t functin as a curt f recrd; r c) Are required t be kept f maintained under Te Ture Whenua Māri Act 1993; and F. Any cpy r image f any f the material in (a) t (e) abve that is kept in electrnic frm in accrdance with rule 7.23 f the Māri Land Curt Rules 2011; and G. Any ther recrd f the Curt kept in electrnic frm in accrdance with rule 7.23 f the Māri Land Curt Rules The rules g n t define in whm the custdy f that recrd resides 2, hw access maybe prvided 3, maintenance f the recrd 4 and what is classed as the electrnic frm 5 f the permanent recrd. 5. Methdlgy This retentin and dispsal appraisal reprt has been develped frm previus appraisals f the recrds held in district registry ffices carried ut in Thse appraisals have been integrated int this single appraisal reprt which nw cvers the required dcuments cntained in the permanent recrd f the Curt (regardless f lcatin). Susan Skudder, SWIM was engaged t review the material prvided and prvide expert guidance in t the develpment f the reprt. Dcument classes have been develped t cver the cmmn types f recrds held in district registry ffices. They are designed t be functin/activity-based classes and are nt based n any specific series f recrds, specifically named recrds r naming cnventins that may have been used by district registry ffices. Given the variatin f recrds acrss the Curt, classificatin may als result in nly a limited number f recrds being listed. In additin, where necessary, an additinal descriptin has been added t sme classificatins t ensure clarity as t the cverage f that class fr curt staff. 2 Custdy f the permanent recrd under rule 7.20 f the Māri Land Curt Rules Access t the permanent recrd under rule 7.21 f the Māri Land Curt Rules Maintenance f the permanent recrd under rule 7.22 f the Māri Land Curt Rules Electrnic frm f the permanent recrd under rule 7.23 f the Māri Land Curt Rules

12 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt 5.1. Relevant Precedent Archives New Zealand hlds several series f recrds that are cvered by classes in this appraisal reprt, including alienatin files (e.g. series 11466, CH270), successin registers (e.g. series 10220), applicatin registers (e.g. series 10106) subdivisin and partitin registers (e.g. series 10001). There have been n recent (i.e. 21 st century) appraisals f Māri Land Curt recrds, apart frm the appraisals nted abve, which have nt been thrugh the Archives New Zealand apprval prcess. Retentin and dispsal schedules fr Land Infrmatin New Zealand 6 and the schedule fr Curt recrds 7 prvide sme relevant precedent fr this appraisal, as the Māri Land Curt is respnsible fr title administratin as well as being a curt f recrd Internal Cnsultatin The Māri Land Curt retentin and dispsal reprt and accmpanying schedule was develped with the assistance f Susan Skudder frm SWIM Ltd. All staff f the Māri Land Curt including Judges were invited t review and prvide feedback n the prpsed retentin and dispsal reprt and schedule f the Curt. In additin, experts frm within the Ministry f Justice Eamnn Blger and members f Special Jurisdictins were cnsulted. Feedback in general was psitive, the schedule and reprt were nted as having been well rdered with excellent use f histrical cntextualisatin f the Curt as a Curt (Judicial entity) and as a business unit (Crwn entity). The gruping f recrds under general umbrella headings was nted as very useful and will be mst beneficial fr clients f the Curt, the public and ther stake hlders. Of the cncerns that were raised, these were aimed almst entirely at recrds that will be classified as cming under Curt dispsal actin, r which are cnsidered by sme registries as being part f the cntinuing recrd f the Curt in that they are regularly accessed and maintained. The Reprt and schedule received minr amendments in line with feedback received t the text f descriptins External Cnsultatin Given the histric and cultural cntent f the Curt recrds an extensive external cnsultatin prgram was prcessed. The external stakehlder cnsultatin prcess was undertaken n advice received frm ANZ and Eamnn Blger, Senir Advisr Curts Recrds, Ministry f Justice. External stakehlders were defined as grups, individuals and gvernment agencies with an interest in the Māri Land Curt recrds. Mari authrities and rganisatins, gvernment agencies with a significant interest in the Curts wrk (fr example Waitangi Tribunal, Te Puni Kōkiri, Land Infrmatin New Zealand), law firms with a lng standing interest and participatin in the Curt s wrk, rganisatins f Mari lawyers, research rganisatins, faculties (fr example university histry, law and Māri studies departments) and Treaty histrians. 6 Archives New Zealand reference fr Land Infrmatin New Zealand DA1 and D66 7 Archives New Zealand reference fr Curt recrds D64 12

13 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt On 20 June 2014, an and physical letter requesting input int the dispsal recmmendatins in the draft RDS was sent t stakehlders. Als, n 20 June 2014, an invitatin t submit feedback n the draft RDS was placed n the Māri land Curt and Waitangi Tribunal website s. Additinally a nticed was placed in the Māri Land Curt Panui f which held a mailing list f up t The deadline fr submissins was 1 st August There was hwever, flexibility with this date with the few submissins received after it als cnsidered. The Curt s Recrd Review Cmmittee met n the 16 th Octber 2014 t cnsider the feedback received. The utcme f which: Ref.n. Recrd Type Change 4.17 Agencies Recrds Dispsal criteria altered frm D2 t A3, A4, 5.2/5 Cpies f Minute Bks Typed cpies f histric hand written minute bks were separated frm this class and appinted their wn class dispsal criteria A4, Descriptin redefined apprpriately. 5.4 Sund Recrdings f Curt prceedings 7.7 Sund Recrdings f Māri Appellate Curt prceedings 8.4 Māri Freehld Land Registratin prject recrds Pertaining t thse recrdings in existence. Dispsal class altered frm D3 t A3, A4, Descriptin redefined apprpriately Pertaining t thse recrdings in existence. Dispsal class altered frm D3 t A3, A4, Descriptin redefined apprpriately Descriptin redefined apprpriately 11.3 Duplicate maps and plans Descriptin redefined apprpriately 13

14 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt 5.4. Schedule Frmat The retentin and dispsal schedule spreadsheet (attached as Appendix 1) has the fllwing fields: Reference number Recrd class Descriptin Curt dispsal actin Restrictin n Access Archival value recmmendatin Dispsal Criteria Precedent schedule A number assigned t each dispsal class, which may be used during implementatin The brad class f recrds A descriptin f the recrd class, including sme examples f the recrds described The dispsal actin t be taken by the curt. This statement includes the retentin perid, which is the time the recrd shuld be retained by the curt after it is clsed and befre dispsal The restrictin t be applied nce depsited t archives New Zealand A recmmendatin f the archival value f the recrd based upn the Archives New Zealand appraisal plicy, precedent and dispsal criteria and wrded in terms aligning with the definitin f dispsal in the Public Recrds Act The criteria fr recmmending the retentin f public recrds as public archives Relevant precedent fr this appraisal The dispsal recmmendatin has been separated int tw fields: The archival value recmmendatin, and The curt dispsal actin. This frmat eches the frmat f the retentin and dispsal schedule fr ther curts (D64). The tw separate fields allw the retentin schedule t express the archival value recmmendatin as well as the final dispsitin frm the perspective f the Curt, and are intended als t avid cnfusin n the part f Curt staff implementing the retentin schedule. The implementatin versin f the schedule will include nly the curt dispsal actin field. The archival value recmmendatin has been expressed as: Retain as public archives, r Nt f archival value. The curt dispsal actin has been expressed as: Transfer t Archives New Zealand after a minimum retentin perid f 25 years frm date recrd clsed May be destryed after [specified retentin perid] May be destryed r discharged after [specified retentin perid] In sme cases the specified retentin perid fr recrds recmmended t be destryed r discharged is nce n lnger administratively required by the Curt. This retentin perid recgnises that the curt may have a lng-term need t refer t these recrds. There is als the additin f a dispsal actin f may be destryed r discharged fr sme classes f recrds which recgnises that these classes refer t duplicates f maps and plans r cpies f minute bks. Rather than frmal dispsal, such recrds can be passed nt Māri rganisatins fr reference, cultural r histrical purpses. 14

15 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt 5.5. Dispsal Criteria The criteria fr recmmending the retentin f public recrds as public archives are: (nte a reference t the Māri Land Curt shuld be read as applying bth t the Māri Appellate Curt and the Māri Land Curt) Criterin number A1 A2 A3 A4 A6 Descriptin Recrds have legal value as evidence f entitlement t, r interests in, Māri land Recrds prvide evidence f the current r frmer legal status and fundamental rights, interests and entitlements f individuals Recrds prvide evidence f the rle f the Māri Land Curt ver time in the administratin and management f Māri land and the affairs f landwners and f the fulfilment and/r failure f the Crwn t meet its bligatins under the Treaty f Waitangi Prvide infrmatin that has research ptential in the areas f scial, plitical and ecnmic histry f New Zealand Recrds prvide infrmatin that cntributes t knwledge and understanding f Māri histry, sciety and culture generally and the genealgical histry/whakapapa f Māri land wners. The recrds prvide access t ther recrds recmmended fr retentin as public archives; e.g. indexes t recrds, registers f recrds, translatins f recrds The criteria fr recmmending the destructin r discharge f public recrds are: D1 D2 D3 Cncern rutine administrative matters nly, including duplicate recrds r reference material that can be btained frm ther primary surces. Cncern rutine peratinal matters nly r are nt cnsidered t be a part f the Curt recrd and d nt have archival value but are maintained fr reference purpses. Cntain infrmatin duplicated, summarised, mre cmplete and/r mre readily accessible in ther recrds recmmended fr retentin r elsewhere. 15

16 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt 6. Descriptin f Classes 6.1. Recrds Dated up until 1921 Descriptin This class has been included in the appraisal reprt fr the fllwing reasns: Value It aligns the appraisal reprt fr the Māri Land Curt with the schedule fr the recrds f ther curts (D64), which als has this prvisin; Althugh it des nt directly align, it als cvers the perid f retentin as archives f all land title registered and ldged dcuments indicated in the schedule fr Land Infrmatin New Zealand title dcuments, D66 (up t 1924); It enables nn-specific cverage f 19 th century and early 20 th century recrds that may nt fit int ther classes in the appraisal reprt because they are unique t a particular registry (such as the Papatupu minute bks, predating the Māri Land Curt, that are held in the Taitkerau ffice). This bviates the need fr ne-ff appraisals f such recrds; and It encmpasses the perid in which the last large blcks f land held under custmary title were investigated by the Native Land Curt ( ) 8 All recrds in this class are cnsidered t have archival value, in cmmn with the prvisins in D64 and D66, because f their age, the relative scarcity f recrds frm the 19 th century and early 20 th century, and the likelihd that sme ne-ff significant pre-land Curt recrds may still be held in registries. Recrds recmmended fr retentin as public archives: Reference n. Recrd type Descriptin Dispsal criteria 1.1 Recrds dating frm befre 1921 All recrds dating frm befre 1921 A4,, A6 Recrds recmmended fr destructin: Nne

17 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt 6.2. Adptin Recrds Descriptin This class f recrds includes thse recrds cntaining dcumentatin related t Māri adptins which was a functin f the Curt frm 1909 until Adptins were riginally managed under sectin 162 f the Native Land Act 1909 which stated that: the Native Land Curt shall have jurisdictin t make an rder under this Part f this Act fr the adptin f a child by a Native. Sectin 18 f the Adptin Act 1955 explicitly stated that adptin rders under the Act applied t Māri and sectins 19(1) and (2) f the Act effectively prvided that custmary Māri adptin (whāngai) carried ut since the cmmencement f the Native Lands Act was nt legally binding. Hwever, the Act still prvided that adptin rders culd be made in the Māri Land Curt. The Adptin Amendment Act 1962 ended the jurisdictin f the Māri Land Curt in adptins. Adptin recrds held by the registries include: Persnal files f adptin cases cntaining applicatins, rders, letters f administratin and supprting infrmatin including persnal infrmatin such as wills and whakapapa (in sme district registries knwn as persnality files- adptin ) General adptin files - files abut the prcess f adptins, that ften include schedules (lists) f adptins Indexes t adptin recrds Registers f adptins Minutes f adptin prceedings. Sme registries kept separate sequences f minute bks fr hearing adptin prceedings. The recrds f these hearings have been included in this class as a separate sub-class because restrictin n access fr any recrd cncerning adptin is different frm restrictins recmmended fr ther classes f recrds. Nt all registries hld all these types f recrds. These recrds are clsed series, as the Māri Land Curt n lnger has the jurisdictin ver adptins. The date range f the recrds is c c Value Adptin recrds prvide significant infrmatin abut the adptee, birth parents, adptive parents and the wider whānau t which they belng. While the Curt minutes will recrd the frmal prceedings f the Curt, the ancillary infrmatin in the individual adptin recrds prvides imprtant cntextual infrmatin including whakapapa. Successin t Māri land is intimately tied up with identity and whakapapa and thus adptin recrds may be essential t an applicatin fr successin. Minutes recrd the prceedings in sme details and therefre prvide nt nly a recrd f the prceedings themselves but cntextual infrmatin abut the adptin prcess. The general adptin files prvide infrmatin abut the brader cntext f the adptin prcess, as well as lists f adptins carried ut by the curt that culd assist in identifying adptin cases. Indexes and registers prvide pints f access t the individual recrds. 17

18 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt Aside frm the evidence f legal status and interests that the recrds may prvide, they are als f high research value frm bth a genealgical and scial histry perspective. Archives New Zealand already hlds recrds f nn-māri adptins, and the recently cmpleted schedule fr Curts case files recmmends the retentin as archives f nn- Māri adptins. Nte that restrictins n access will apply t any recrds transferred t Archives New Zealand. See sectin 7 fr further infrmatin. Recrds recmmended fr retentin as public archives: Reference n. Recrd type Descriptin Dispsal criteria 2.1 Adptin case files (persnalty - adptin files) Individual adptin case files cntaining applicatins, rders, letters f administratin and supprting infrmatin including persnal infrmatin such as wills, whakapapa and birth certificates Indexes t adptin recrds 2.2 Adptin index cards 2.3 Adptin files General adptin files (i.e. nt specific case (general) files) abut the prcess f adptin 2.4 Adptin registers Registers f adptins; registers f adptin files 2.5 Adptin minute Curt minute bks recrding adptin bks prceedings Recrds recmmended fr destructin: Nne A2, A4, A6 A3, A4 A6 A2, A4, 18

19 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt 6.3. Recrds Cncerning the Curt s Management f the Affairs f Individuals Descriptin This heading is rather brad t take int accunt the varius ways in which the different Curt registries have managed infrmatin relating t the Curt s management f the affairs f individuals. The greatest prprtin f the recrds in this class is recrds relating t deceased estates and successin t the deceased individual s interests. Other recrds in this categry may include but are nt limited t the appintment f trustees t manage the estates f individuals with disabilities r due t their minrity (knwn nw as kaitiaki trusts). In sme registry ffices these recrds are cntained in a series f recrds called persnal r persnalty files (persnalty is a legal term meaning persnal prperty). In sme registries, anything t d with an individual in dialgue with the curt, including deceased estate management and appintment f trustees, but als crrespndence abut interests in land and requests fr financial assistance, is filed n the persnal r persnalty file. In ther registries deceased estate management recrds have been managed as separate file series and there may be mre than ne series f recrds t d with deceased estates. Registries have a variety f recrds called estates files, wills files, prbate files, letters f administratin files, and war gratuities files, all f which cncern the winding up f a deceased persn s estate and the successin t the interest. Wills files may cntain riginal wills r nly cpies f wills. In sme cases, the wills files als cntain the infrmatin abut the granting f prbate, fr which the Māri Land Curt had jurisdictin until 1967 (under sectin 79 f the Māri Affairs Amendment Act 1967, jurisdictin t determine prbate reverted t the then Supreme Curt [nw High Curt]). Recrds include the fllwing types f infrmatin: applicatins fr successin and supprting infrmatin applicatins fr prbate riginal wills and cpies f wills death certificates and cpies f death certificates derivatin f interest minutes (whakapapa) whakapapa certificates f value (regarding value f the deceased persn s estate) applicatins fr letters f administratin and supprting dcuments curt rders and cpies f curt rders applicatins fr vesting interests held by administratr cpies f curt minutes details f estate and executr s accunts schedules f land Curt crrespndence with the Public Trustee, Māri Trustee and the Stamp Department Recrds f disputes ver successin and entitlement Details f children f deceased Statements f receipts and payments (e.g. fr administratr f estate) The persnal r persnalty files, where they exist, are a cntinuing series. Other files are clsed series. The date range f the recrds is frm 1870s current. 19

20 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt Value While the Curt minutes recrd prceedings f the Curt in granting successin, and successin applicatins may appear in ther recrds sequences (see belw sectin 6) the ancillary infrmatin in the files abut individuals prvides imprtant cntextual infrmatin with regard t successin and land wnership, including whakapapa. Successin t Māri land is thrugh whakapapa r descent, which means that these recrds are als a rich cntinuing resurce fr Māri ver time fr identifying interests in land. Appintment f trustees recrds are similar in nature t the Prtectin f Persnal and Prperty Rights (PPPR) case files generated in the Family Curt and recmmended fr retentin as archives in D64. The recrds als prvide evidence f and infrmatin abut the significant rle f the Māri Land Curt ver time in the affairs f individuals. They have high research value frm bth a genealgical and scial histry perspective. Registers and indexes prvide valuable finding aids. Therefre all recrds in this class are recmmended fr retentin as archives. Restrictins n these recrds may apply. See sectin 7. Recrds recmmended fr retentin as public archives: Ref. n. Recrd type Descriptin Dispsal criteria 3.1 Deceased estate management 3.2 Appintment f trustees recrds 3.3 Recrds f curt interactin with individuals ver interests in and successin t land Recrds recmmended fr destructin: Nne Recrds cncerning the management and winding up f a deceased persn's estate and apprving/recrding the passing n f their land interests. Includes recrds in the varius registries knwn as estates files, wills files, prbate files, letters f administratin files, persnal files, persnalty files, war gratuities files Recrds cncerning the appintment f trustees fr an individual with a disability. Includes persnal files, persnalty files. Crrespndence and ther dcuments pertaining t an individual. Includes persnal files, persnalty files A3, A3, A3, 20

21 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt 6.4. Recrds abut Land Use Descriptin This class cvers recrds abut the land itself as distinct frm recrds specifically abut the wners f the land. Mst f the types f recrds in this class cncern title recnstructin and imprvement prcesses under Te Ture Whenua Māri Act 1993 t facilitate the use and ccupatin f the land by Māri landwners. The class als encmpasses all recrds t d with the use f land and with prcesses t change Māri land titles since the inceptin f the Māri Land Curt. It includes but is nt limited t recrds f alienatin f land, including purchase under Public Wrks Acts and the Eurpeanisatin f Māri land (the Curt had pwers regarding Eurpeanisatin under part 28 and sectin 433 f the Māri Affairs Act 1953 and previus acts). Many f the title imprvement prcess recrds held in the registries date frm the time that the Māri Affairs Department managed this particular functin. This class f recrds als includes infrmatin related t making changes t land title thrugh the sale f Māri land, transfer f shares in Māri land between wners r t new sharehlders, alienatin f Māri land by lease r license, including the licensing f timber, flax and mineral rights. In a similar way t hw the varius Land Title Offices managed the registratin f Eurpean land interests, district registry ffices f the Māri Land Curt managed the aggregatin f infrmatin abut title recnstructin and imprvement activities differently. Recrds created by the varius registries regarding these prcesses include a range f variusly titled file series, such as: Incrpratin recrds: Incrpratin is the prcess f establishing a legal bdy crprate structure t assist and prmte the use and administratin f Māri freehld land. A Māri incrpratin is a structure similar t a cmpany and any land r assets are vested in the Incrpratin. Frmer land wners becme sharehlders in the Incrpratin rather than wners in the land. Māri incrpratins are designed t manage whle blcks f land and are the mst cmmercial f all Māri land management structures. Recrds include: Schedules f land vested in the incrpratin Annual reprts, financial reprts and accunts f the incrpratin Infrmatin abut management structures and membership Order f incrpratin Cpies f curt rders Curt directins Crrespndence between the curt and the incrpratin Winding up f incrpratins Trust recrds: The Māri Land Curt has exclusive jurisdictin t create certain types f trusts under part 12 f Te Ture Whenua Māri Act Which are as fllws: Ahu Whenua trusts, which are land management trusts designed t prmte the use and administratin f the lands n behalf f the wners. Whenua tōpū trusts, again a land management trust, which prvide fr iwi r hapū based trusts designed t facilitate the use and administratin f the land n behalf f a wider class f wner, nrmally a whānau, hapū r iwi gruping. This type f trust is als used fr receiving Crwn land as part f any treaty f Waitangi claim settlement r fr the re-vesting 21

22 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt public wrks land in cllective rather than individual wnership. Whānau trusts are related t interests in land, and allw individuals r grups t bring tgether their individual interests in different Māri and General Land blcks fr the benefit f a defined class f beneficiary, nrmally the descendants f the peple vesting their shares in trustees. Kaitiaki trusts are related t interests in land, and are established t manage the affairs f any wner wh, due t their mental infirmity, minrity, disability r imprisnment are unable t manage their wn affairs. Pūtea trusts allw the Curt n applicatin by an interested party, t vest the unecnmic interests f ne r mre wners f Māri land int a single entity. Any benefit derived frm the trust are used t fund Māri Cmmunity Purpses (mstly charitable) as defined by sectin 218 f Te Ture Whenua Act Trust recrds include thse created under previus legislatin, in particular thse that resulted frm applicatins under sectin 438 and 439 f the Māri Affairs Act 1953, which were the pre-cursrs t the current Ahu Whenua Trust structure. There is significant variatin in hw district registry ffices maintained trust files with sme filing applicatins regarding trusts in separate sequences. Recrds may be separated by type f trust, and in sme cases the recrds f particular types f trusts may be n the persnal/persnalty files. Recrds include: Appintment f trustees Applicatins fr new trusts, replacement trusts, variatins t trusts and supprting infrmatin Vesting rders Cpies f curt minutes Curt rders Trust reprts and accunts Trust crrespndence with the Curt Cnslidatin recrds: Cnslidatin was the prcess whereby scattered interests in small, usually unprfitable blcks f land were brught tgether int larger shares in a larger blck, generally in family grupings. Usually there was a recrd r bk fr each cnslidatin scheme, and there may als be ther assciated recrds cncerning the derivatin f interests. Cnslidatins largely ceased after the passing f the Māri Affairs Act Recrds include: Lists f wners, the titles they wn interest in and the value f the interest Rates schedules Crrespndence between wners and the Curt Cnslidatin rders Amalgamatin recrds: Amalgamatin is when tw r mre Māri and/r General land blcks were amalgamated t make ne r mre resulting blcks. This usually ccurred where there was sme cmmn wnership and such an amalgamatin wuld result in sme ecnmic benefit fr example the creatin f a farming unit. When land is amalgamated, the blcks f land are merged, the frmer titles are cancelled and a single cmbined wnership list is issued. Recrds include: Lists f wners, the titles they wn interest in and the value f the interest Land valuatins Rates schedules 22

23 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt Recrds f leases and mrtgages n the existing titles Applicatins Curt rders Crrespndence between wners and the Curt Recrds f wners meetings Aggregatin recrds: Aggregatin is when a cmmn wnership list is created where there are several peple with interest in the same blcks f land. The titles remain separate but there is ne cmmn wnership list. Recrds include: Lists f wners, the titles they wn interest in and the value f the interest Land valuatins Rates schedules Recrds f leases and mrtgages n the existing titles Applicatins Curt rders Crrespndence between wners and the Curt Recrds f wners meetings Partitin recrds: Cmmnly referred t as a sub-divisin, partitin is when ne r mre wners separates their interests frm the ther wners and create a separate title. Recrds include: Applicatins Curt rders Land valuatins Rates schedules Recrds f leases and mrtgages n the existing titles Crrespndence between wners and the Curt Recrds f wners meetings Alienatin recrds: Landwners granting certain rights f their land t anther persn including vesting rders, sale, leasing, mrtgaging f the land, use f land under the Public Wrks Act 1981 (r any preceding Public Wrks related legislatin), licensing f timber, flax and mineral rights (sale f timber flax and minerals was als deemed t be an alienatin under the Native Land Act 1909). Sme district registry ffices kept the timber and mineral grants recrds separate frm recrds abut ther frms f alienatin whilst thers kept separate recrds f leases; generally these files cntain the riginal memrandum f lease dcument. There are als separate recrds f transfers f wnership, which usually include the riginal memrandum f transfer. Recrds include: Original deeds, cpies f deeds Lease dcumentatin, including memranda f lease dcuments Transfer dcumentatin Statements t the curt Minutes f meetings f wners Licences ccupatin licences; timber, flax, mineral rights licenses Leasing r sale histry f the land in questin Lists f wners 23

24 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt Curt rders Curt minutes Applicatins and supprting infrmatin Crrespndence with the curt Survey recrds: Recrds dcumenting surveying t establish bundaries, r suitability f land fr varius purpses. Recrds may include: Survey plans and reprts Survey requisitins Chain f title reprts Plan apprval reprts (reprts reviewing survey plan areas against curt recrd series) Curt rder diagrams Crrespndence Curt minutes Cnversin fund recrds: Under Parts 12 and 13 f the Māri Affairs Act 1953 the Māri Trustee culd acquire unecnmic r ther interests in Māri land, which was paid fr frm a cnversin fund held by the Māri Trustee. The Māri Trustee culd then n-sell thse interests either t the Crwn r t ther Māri landwners. Recrds were called cnversin fund recrds because the interest in the land was purchased frm the cnversin fund, even if the recrd was abut the later sale f the interest in the land by the Māri Trustee. In sme cases these recrds are called sld files. Recrds include: Cnslidatin rders Land valuatins Lists f beneficiaries Applicatins fr investigatin f title Recrds f mnies paid fr interests in land Survey crrespndence Title instruments Reservatins recrds: Māri reservatins were previusly created by recmmendatin by the Curt t the Gvernr General wh then issued an Order in Cuncil under sectin 439 f the Māri Affairs Act 1953 and are currently cvered by sectins 338 and 339 f Te Ture Whenua Māri Act In additin, reservatins are als subject t the Māri Reservatins Regulatins 1994 (frmerly the Māri Reservatins Regulatins 1963). It shuld be nted that Māri Reservatins are nt the same as Māri reserves, the later being subject t the prvisins f the Māri Reserved Lands Act Any Māri freehld land r any general land may be set aside as a Māri reservatin. A reservatin may be established fr several different purpses including a village site, a marae, a church site, wāhi tapu, papakāinga, urupā, and a catchment area amng ther purpses. An applicatin must be made t the Māri Land Curt t establish a reservatin and the Curt will cnduct a hearing, and issue a recmmendatin that such land be set aside as a Māri reservatin fr a defined purpse and specific class f persn r persn(s). Once made, the recmmendatin is then frwarded t the Chief Executive f Te Puni Kōkiri, the Ministry f Māri Develpment, wh then publishes the recmmendatin in New Zealand Gazette thereby frmalising the creatin f the reservatin. 24

25 Māri Land Curt Retentin and Dispsal Schedule Appraisal Reprt Once established, the curt may appint trustees t administer the land. Any leases r licence f the land require the cnsent f the curt and any revenue frm leasing r licensing must be used as directed by the Curt. Recrds include: Applicatins Recrds f meetings f landwners and interested parties Appintment f trustees Crrespndence with the Curt abut the administratin f cmmittees Crrespndence regarding the purpse f the reservatin applicatin Cpies f Gazette ntices Trust nminatins and supprting infrmatin Trustee cmmittee recrds Agencies recrds: Recrds f the prcess f appintment f agents t negtiate n behalf f the wners. Recrds include: Crrespndence between gvernment departments, lcal bdies, the Registrar and agents acting fr wners Lists f wners Curt authrisatin f appintment f agents Applicatins and supprting dcumentatin Cpies f curt minutes Land utilisatin recrds: recrds f prgrammes t use the land, such as frestry, farming, etc. Land utilisatin recrds may relate t land managed by trusts. Recrds include: Land use reprts Imprvement reprts Phtgraphs f land imprvements Crrespndence with the Curt regarding land utilisatin Applicatins and supprting infrmatin Vesting rders Curt rders Trust accunts Mrtgages Eurpeanisatin f Māri land: Recrds f the change f status frm Māri land t general land. Recrds include: Crrespndence between Native Affairs Department and Native Land Curt Cpies f Curt minutes Curt recmmendatins Applicatins Decisins f appellate curt Crrespndence abut disputes ver the land in questin Land status declaratins Curt rders Gazette ntices Ntificatins t Lands and Deeds Registry r Land Titles ffices Recrds relating t the taking f land fr the Crwn: recrds cncerning cmpensatin fr land taken fr Crwn purpses under the Public Wrks and ther Acts (e.g. fr rads, easements, drains, etc.) and recrds cncerning the ffering back f land taken under varius Acts (land that became surplus t requirements had rt be ffered back t the successrs f the riginal wners). Recrds include: Cmpensatin details Appintment f agents fr landwners Maps f land Survey ntices 25