This note is not part of the order, but is intended to indicate its general effect.

This order is made under the Epidemic Preparedness Act 2006. It comes into force on 28 August 2020 and is revoked on 10 June 2021. It modifies a restriction imposed by the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 (the Act) that may be impossible or impracticable to comply with during an epidemic.

Clause 1 states the Title of the order.

Clause 2 states that the order comes into force on 28 August 2020.

Clause 3 states that the order modifies a restriction imposed by the Act.

Clause 4 modifies the term of appointment for the first appointees to Te Pou Tupua so that the term ends on 3 June 2021. The effect of the modification is that those appointees are appointed for 3 years and 9 months, instead of the usual 3 years.

The Minister for Māori Crown Relations: Te Arawhiti is satisfied of the matters required by section 15(2)(b) of the Epidemic Preparedness Act 2006 for the reasons that follow.

Te Pou Tupua is the legal representative of Te Awa Tupua, which is the legal person comprising the Whanganui River recognised under the Act. It is important for Te Pou Tupua to continue to make decisions as the legal representative of Te Awa Tupua.

The term of office of the existing appointees (who are the first appointees) to Te Pou Tupua ends on 3 September 2020. There is no provision in the Act that enables the present members of Te Pou Tupua to continue to act beyond 3 September 2020.

The nomination and joint appointment process for Te Pou Tupua, which involves the Crown and the 8 iwi with interests in the Whanganui River, requires approximately 6 months to complete.

It is impossible for the Crown and iwi to nominate and jointly appoint Te Pou Tupua before the term of the existing appointees ends on 3 September 2020.

The effects of COVID-19 meant that initial meetings were not held and the iwi and the Crown could not get their internal processes underway in March 2020. Hui were not possible during the period when contact with others and travel were restricted. In addition, both the Crown and iwi were focused on more immediate priorities relating to the COVID-19 response, with few, if any, resources to commit to the nomination and appointment process for Te Pou Tupua.

The modification is a narrow modification to the Act to address this specific situation by providing for the first appointees to have a term of 3 years and 9 months, instead of 3 years.

A 9-month extension is considered reasonable and appropriate to allow for both the general election (which ensures that a government is formed and a Minister warranted) and a subsequent 6-month process for appointment. This time frame has been confirmed with Ngā Tāngata Tiaki o Whanganui (on behalf of Whanganui Iwi) and is supported by the other 7 iwi with interests in the Whanganui River who are involved in the nomination and appointment process.