Waitangi Endowment Act 1932–33

Reprint
as at 31 May 1996

Coat of Arms of New Zealand

Waitangi Endowment Act 1932–33

Public Act1932 No 44
Date of assent10 March 1933
Commencement10 March 1933

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.

This Act is administered by the Department of Conservation.


An Act to enable the Crown to carry out the trusts accepted by the Crown in respect of certain lands at Waitangi

  • Preamble

    Whereas by transfer bearing date 1 March 1933, and given by the Right Honourable Charles, Baron Bledisloe, Governor-General and Commander-in-Chief of the Dominion of New Zealand, and the Right Honourable Alina Kate Elaine, Lady Bledisloe, his wife, in favour of His Majesty the King, the lands described in the Schedule were transferred to His Majesty the King:

    And whereas such transfer was in trust for the purposes hereinafter mentioned:

    And whereas it is desirable that provision should be made to enable the Crown to carry out such trusts as aforesaid.

1 Short Title
  • This Act may be cited as the Waitangi Endowment Act 1932–33.

2 Trusts of Waitangi Endowment
  • The said lands shall be held by the Crown under the name of the Waitangi Endowment, upon trust generally for afforestation and silvicultural purposes, and in particular upon trust to cultivate and maintain the same as a scenic background to the lands known as the Waitangi National Trust, and upon trust to pay from time to time to the Waitangi National Trust Board, constituted under the Waitangi National Trust Board Act 1932 for the general purposes of the said Board one-half of the net proceeds of all revenue that may be derived from the development and use for afforestation and silvicultural purposes of the lands comprised in the said transfer.

    Section 2 proviso: repealed, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

3 Power to enter into management agreements
  • (1) Subject to subsection (2), for the more effectual carrying out of the said trusts, the Minister of Conservation may enter into an agreement with Crown Forestry Management Limited or, after consultation with the Waitangi National Trust Board, with any other person or body, for Crown Forestry Management Limited, or that person or body, to manage, on behalf of the Crown, afforestation and silvicultural operations upon the said lands, subject to the requirements of the trust described in section 2.

    (2) It shall not be incumbent upon the Minister of Conservation so to administer the management of the said lands as would be necessary if the sole purpose of the said trust were the management of the said lands as a source of revenue; but regard shall be had to the obligation imposed by section 2 by maintaining the said lands as a scenic background for the lands of the Waitangi National Trust.

    Section 3: replaced, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 3(1): amended, on 31 May 1996, by clause 3 of the State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 (SR 1996/122).

4 Expenses of administration
  • All expenses incurred in the carrying out of the said trusts or otherwise in the administration of this Act shall be paid out of moneys from time to time appropriated by Parliament for that purpose.

5 Application of revenue
  • There shall from time to time, as the Minister of Conservation may direct, be paid to the Waitangi National Trust Board one-half of the revenue derived from the said lands after the deduction of the expenses of administration thereof.

    Section 5: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 5: amended, on 1 January 1950, pursuant to section 3(3) of the Forests Act 1949 (1949 No 19).

6 Powers of Controller and Auditor-General
  • Any question arising as to the amount of any revenue arising from the said lands or the propriety of any deduction for expenses of administration shall be decided by the Controller and Auditor-General.

7 Powers of sale and exchange
  • There shall be exercisable in respect of the said lands the same powers of sale as are conferred by section 300 of the Land Act 1924 in respect of national endowment land, and for the purpose of adjustment of boundaries with any adjoining landowner the same powers of exchange as are conferred by section 301 of the last-named Act:

    provided always that no such powers of sale or exchange shall be exercised until after notification to and consultation with the Waitangi National Trust Board:

    provided further that any money received or paid on the exercise of any such powers shall be credited to or disbursed from the revenue of the said lands:

    provided also that nothing herein contained shall be deemed to confer on the said lands the status of national endowment land under the last-named Act.

8 Powers to subject other lands to this Act
  • The Governor-General may from time to time, by Order in Council, direct that any lands which are vested in the Crown or of which the Crown may enjoy the right of disposal and which adjoin or are adjacent to the lands described in the Schedule shall be subject to this Act, and thereupon the provisions of this Act shall apply to such lands in all respects as if they were part of the lands described in the said schedule.

9 Control of dogs
  • Nothing in this Act derogates from the provisions of Part 5C of the Conservation Act 1987, which provides for the control of dogs and which authorises the declaration as either a controlled dog area or an open dog area of any part or parts of the said lands.

    Section 9: inserted, on 2 May 1996, by section 7 of the Conservation Amendment Act (No 2) 1996 (1996 No 14).


Schedule

First, all that parcel of land situate in the County of Bay of Islands and Kerikeri and Kawakawa Survey Districts, containing by admeasurement 1 138 acres, more or less, being part of Allotment numbered 4 of the Parish of Waitangi, and being the Lot numbered 1 on plan deposited in the Auckland District Land Registry, under Number 24475.

Secondly, all that parcel of land situate in the County of Bay of Islands and Kawakawa Survey District, containing by admeasurement 211 acres and 2 roods, more or less, being other part of Allotment numbered 4 and Part of Allotment numbered 6 of the Parish of Waitangi, and being the Lot numbered 4 on the said plan numbered 24475.


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 Waitangi Endowment Act 1932–33. The reprint incorporates all the amendments to the Act as at 31 May 1996, 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)
  • State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 (SR 1996/122): clause 3

    Conservation Amendment Act (No 2) 1996 (1996 No 14): section 7

    Conservation Act 1987 (1987 No 65): section 65(1)

    Forests Act 1949 (1949 No 19): section 3(3)