Pehiaweri Maori Church and Marae Site Vesting Act 1981

Reprint
as at 7 October 1981

Coat of Arms of New Zealand

Pehiaweri Maori Church and Marae Site Vesting Act 1981

Private Act1981 No 2
Date of assent6 October 1981
Commencement6 October 1981

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


An Act to provide for the transfer of certain land from the General Trust Board of the Diocese of Auckland of the Anglican Church to the Pehiaweri Maori Church and Marae Incorporated a society duly incorporated under the Incorporated Societies Act 1908

  • Preamble

    Whereas land containing 3.2 hectares more or less being part of the Pehiaweri Block situated in Block V of the Whangarei Survey District was by a deed dated 25 November 1885 (registered in the Auckland District Land Registry under number 102114) conveyed by the Maori owners thereof to trustees as joint tenants upon trust as a site for a church and parsonage or either for the Anglican Church and for religious charitable and educational purposes generally and a church and vicarage were erected thereon: And whereas by an order made on 9 March 1932 the Maori Land Court vested the said land in trust in the General Trust Board of the Diocese of Auckland of the Anglican Church for a church and vicarage and burial ground purposes: And whereas on 28 January 1946 the said land was registered in the Land Registration District of Auckland under the provisions of the Land Transfer Act 1915 and the District Land Registrar issued in respect thereof certificate of title, Volume 769, folio 82 limited as to Parcels and Title and entered a caveat number A225386 thereon to prevent the use of the said land except as a church and vicarage and for burial ground purposes of the Anglican Church in accordance with the said order of the court: And whereas pursuant to section 204 of the Land Transfer Act 1952 the limitation as to title has now expired but caveat number A225386 still affects the said land: And whereas the Pehiaweri Maori Church and Marae Incorporated was incorporated on 8 June 1973 under the Incorporated Societies Act 1908 by elders of the Ngatihau tribe of the Maori people resident at Pehiaweri among whom are descendants of the original Maori owners with the objects inter alia of maintaining the said land and the church and vicarage buildings thereon and it has done so: And whereas the General Trust Board of the Diocese of Auckland is now desirous of transferring the said land to the people of the district and the Pehiaweri Maori Church and Marae Incorporated is desirous of holding the said land for the objects for which it was incorporated but doubt exists as to whether the transfer of the said land can be effected otherwise than by legislation.

1 Short Title
  • This Act may be cited as the Pehiaweri Maori Church and Marae Site Vesting Act 1981.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Board means the General Trust Board of the Diocese of Auckland of the Anglican Church

    the Incorporation means the Pehiaweri Maori Church and Marae Incorporated, a society duly incorporated under the Incorporated Societies Act 1908.

3 Vesting of land
  • (1) The estate in fee simple in the land described in Schedule 1, which immediately before the passing of this Act was vested in the Board, is hereby vested in the Incorporation for the purposes set out in Schedule 2, but free from the restrictions imposed by the Maori Land Court by an order made on 9 March 1932; and caveat number A225386 lodged against the certificate of title to the land in respect of those restrictions shall be deemed to be withdrawn.

    (2) Without limiting section 99A of the Land Transfer Act 1952, the Registrar, on making all such entries in the register as may be necessary to give full effect to the vesting of the land effected by subsection (1), shall also make an appropriate entry to show the said caveat as having been withdrawn.

4 Private Act
  • This Act is hereby declared to be a private Act.


Schedule 1
Land vested in the Incorporation

s 3(1)

All that parcel of land containing 3.2374 hectares, more or less, being part of the Pehiaweri Block situated in Block V of the Whangarei Survey District, and being all of the land comprised and described in certificate of title, Volume 769, folio 82, limited as to parcels.


Schedule 2
Purposes for which the land is vested in the Incorporation

s 3(1)

1
  • To preserve and maintain the church property based on traditional Maori Anglican custom, for use in—

    • (a) religious activities:

    • (b) hui:

    • (c) tangi:

    • (d) meetings for educational activities:

    • (e) Maori culture:

    • (f) recreational purposes:

    • (g) generally, any other gatherings associated with Maori national life.

2
  • To seek to ensure that the church building is used more often for the sacred purposes for which it was built, namely:

    • (a) the holding of Divine Services:

    • (b) as a centre for Gospel Witness and Christian Fellowship.

3
  • To seek to ensure that the burial ground (urupa) is maintained as a permanent burial ground for the descendants of the original owners, and others.

4
  • To promote Christian and spiritual fellowship between the members of the Incorporation and the Maori population as a whole.

5
  • Generally, to do all such things as are incidental or conducive to the fulfilment of the above purposes, and for the furtherance of the Kingdom of God.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Pehiaweri Maori Church and Marae Site Vesting Act 1981. The reprint incorporates all the amendments to the Act as at 7 October 1981, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)