Maori Purposes Act 1933 No 50 (as at 03 September 2007), Public Act

Maori Purposes Act 1933

Public Act1933 No 50
Date of assent22 December 1933

An Act to amend the laws relating to Maoris and Maori land, to adjust certain claims and disputes in relation to Maori land, to confer jurisdiction upon the Maori Land Court and the Maori Appellate Court, and for other purposes

1 Short Title
  • This Act may be cited as the Maori Purposes Act 1933.

2 Provisions of Maori Land Act 1931 to apply to this Act
  • Words and expressions used in this Act shall, unless the contrary intention appears, have the same meaning as in the Maori Land Act 1931 (hereinafter referred to as the principal Act), and the provisions of the principal Act so far as applicable shall extend and apply to the cases provided for by this Act in as full and ample a manner as if this Act had been incorporated with and formed part of the principal Act.

Part 1
Amendment of laws

3
  • [Repealed]

    Section 3 was repealed by section 93(1) of the Maori Reserved Land Act 1955.

4
  • [Repealed]

    Section 4 was repealed by section 50(1) of the Maori Social and Economic Advancement Act 1945.

5
  • [Repealed]

    Section 5 was repealed by section 185(1) of the Land Act 1948.

6
  • [Repealed]

    Section 6 was repealed by section 473(1) of the Maori Affairs Act 1953.

7
  • [Repealed]

    Section 7 was repealed by section 52(1) of the Maori Land Amendment Act 1936.

8
  • [Repealed]

    Section 8 was repealed by section 53(1) of the Maori Trustee Act 1953.

Part 2
Miscellaneous powers and jurisdiction

9
  • [Repealed]

    Section 9 was repealed by section 6(1) of the Maori Purposes Act 1956.

10 Authorising revesting of Parawera School site in Maoris
  • Whereas the land hereinafter described was vested in the Crown for the purpose of a Maori school site, and is no longer required for that purpose: Be it therefore enacted as follows:

    (1) The land known as the Maungatautari Number 6B3A Block, containing 3 acres, more or less, as the same is comprised and described in a partition order made on the 4th day of April 1900, shall as from the commencement of this Act cease to be Crown land, and shall thereafter be deemed to be Maori land within the meaning of the principal Act.

    (2) The Court is hereby authorised to inquire and determine in what person the said land ought to become vested, and the Court may make an order vesting the same or any part thereof in such person for an estate of freehold in fee simple, and in the case of more than one person being found entitled, then as tenants in common in the relative proportions defined by the Court.

    (3) The Court may ascertain the ownership of the said land as if the title had not been previously investigated, and shall not be bound or restricted by any former order of the Court made in respect of that land.

11 Enabling Otorohanga Maori school site to be revested in Maoris
  • Whereas the land hereinafter described was conveyed for a nominal consideration to the Crown to be used as a Maori school site, and is no longer required for that purpose: Be it therefore enacted as follows:

    (1) The land known as the Orahiri A Block, comprised and described in certificate of title, Volume 56, folio 176, of the Auckland Registry (excepting thereout so much thereof as may have been laid out as a road), shall as from the commencement of this Act cease to be Crown land, and shall thereafter be deemed to be Maori land within the meaning of the principal Act.

    (2) The Court is hereby authorised to inquire and determine in whom the said land ought to become vested, and the Court may make an order either—

    • (a) Vesting the said land or any part thereof in the person found entitled for an estate of freehold in fee simple, and in the case of more than one person being found entitled, then as tenants in common in the relative proportions defined by the Court; or

    • (b) Setting apart the said land or any part thereof for some purpose for the benefit of Maoris and vesting the same in one or more persons on trust to hold and administer the same for the purpose aforesaid, and the District Land Registrar is hereby authorised to issue without payment of any fee a certificate of title in favour of the said persons.

    (3) The Court may ascertain the ownership of the said land as if the title had not been previously investigated, and shall not be bound or restricted by any former order of the Court made in respect of that land.

    (4) The provisions of the Public Reserves, Domains, and National Parks Act 1928 shall not apply to the said land.

    Subsections (2)-(4) were substituted for the original subsections (2) and (3) by section 3 of the Maori Purposes Act 1936.

12 Enabling Court to vest part Lot 9 of Allotment 14, Tuakau, upon trust
  • Whereas the Maori owners of the land hereinafter described are desirous of setting it apart for certain charitable purposes: Be it therefore enacted as follows:

    (1) With respect to all that land, being part of the land comprised in certificate of title, Volume 480, folio 48, of the Auckland Registry, and being part of Lot 9 on deposited plan Number 7325 of Allotment 14, Tuakau, the Court may, upon application by the owners thereof, make an order vesting the said land in one or more persons upon such trusts for the benefit of Maoris as to the Court may seem expedient, with power in the event of the failure of any such trust for the Court from time to time to appoint some other trust upon which the said land shall thereafter be held, and the District Land Registrar is hereby authorised to issue a certificate of title in respect thereof.

    (2) For the purpose of affording access to such land the Court may by order lay off in the most convenient manner and as appurtenant thereto a right of way over the adjoining part of Lot 9 comprised in certificate of title, Volume 480, folio 47, of the Auckland Registry.

    (3) Upon the making of an order under subsection (1) hereof the land mentioned therein shall thenceforth be deemed to be Maori freehold land within the meaning of the principal Act.

13
  • [Repealed]

    Section 13 was repealed by section 6(1) of the Maori Purposes Act 1956.

14 Enabling gift of land by Mita Taupopoki to be accepted and administered
  • Whereas Mita Taupopoki, a Maori chief of Whakarewarewa, desires to further the Maori land development schemes under section 522 of the principal Act, and has made a gift of the land hereinafter mentioned for the purpose of a dairy factory: Be it therefore enacted as follows:

    (1) The land situated in Block V, Tarawera Survey District, containing 8 acres and 3 perches or thereabouts, called Waitaruna Number 4B Number 1 Block, is hereby declared to be ceded to the Crown in trust for the purpose of a site for a dairy factory, cheese factory, creamery, or other industrial establishment.

    (2) The District Land Registrar is hereby authorised to cancel the existing title for the said land and to issue a certificate of title in the name of His Majesty the King, subject to any Proclamation affecting roads that may have been registered. The certificate of title so issued shall have written thereon a memorandum stating that the land comprised therein is subject to the provisions of this section.

    (3) The said land may be disposed of by way of sale or lease to any person as a site for a dairy factory, cheese factory, or creamery.

    (4) Any such sale or letting may be by public auction or private contract and subject to such conditions, including a consideration that is nominal, as the Maori Land Settlement Board may think expedient. Any instrument of alienation required to carry into effect such sale or letting shall be signed in accordance with this Act.

    (5) If for any reason it should be found impracticable to dispose of the land for any of the purposes aforesaid, the Minister of Maori Affairs may apply to the Maori Land Court for directions upon what, if any, trust the land shall thereafter be held, and the nature of such trust may be varied or amended from time to time as the Court shall direct.

    (6) Any consideration received from the sale or letting of the said land shall be applied in the development of Maori land.

    (7) If, while the land continues to be vested in the Crown, the Minister of Maori Affairs is of the opinion that it cannot be satisfactorily utilised for any of the purposes for which it has been ceded, it shall be lawful to transfer to the said Mita Taupopoki or his representatives as ascertained by the Court the said land freed from the trusts hereby created or any of them, and the land shall thereupon be deemed to be Maori freehold land within the meaning of the principal Act.

    (8) Any instruments executed to and by the Waiariki District Maori Land Board in connection with the said land shall be deemed to be superseded by this section and to be of no further force or effect.

15
  • [Repealed]

    Section 15 was repealed by section 6(1) of the Maori Purposes Act 1956.

16
  • [Repealed]

    Section 16 was repealed by section 6(1) of the Maori Purposes Act 1956.

17 Declaring Ngatirahiri 3E Block to be held in trust
  • Whereas by order of the Maori Land Court the undermentioned land which comprises Maori burial-grounds was vested in certain persons in equal shares for an estate of freehold in fee simple and it is desirable that it should be held in trust: Be it therefore enacted as follows:

    (1) The land known as Ngatirahiri Number 3E Block situate in the Aotea Maori Land Court District and comprised in a partition order of the Maori Land Court made on the 10th day of December 1915 is hereby declared to be, and shall be deemed to have been from the date of such order, vested in the persons named therein as trustees to hold in trust for the benefit of members of the Ngatirahiri Maori Tribe, and the said partition order may be amended to conform to the provisions of this section, and shall then take effect according to its tenor.

    (2) Notwithstanding the provisions of section 130 of the Land Transfer Act 1915 the order made by the Court may when amended be registered under the provisions of that Act, and the District Land Registrar is authorised to issue a certificate of title therefor.

    (3) The Court shall have jurisdiction to hear and determine any application to define the nature of the trust or the right of any person to benefit thereunder. The Court may authorise the trustees or any 2 or more of them to lease the said land or any part thereof for any term, including any term or terms of renewal, not exceeding 21 years. The revenue arising from any such lease shall be paid to the Aotea District Maori Land Board and be expended by that Board in such manner and for such purposes as the Court or a Judge thereof shall direct.

    In subsection (3) the words in square brackets were added by section 13 of the Maori Purposes Act 1939.

18
  • [Repealed]

    Section 18 was repealed by section 6(1) of the Maori Purposes Act 1956.

19
  • [Repealed]

    Section 19 was repealed by section 6(1) of the Maori Purposes Act 1956.

20 Authorising Suburban Section 113, Foxton, to be set aside as reserve
  • Whereas the records show that the land hereinafter mentioned was intended to be reserved as a Maori burial ground, but the said land was upon investigation of title awarded to certain persons as absolute owners, and it is desired to rectify the error: Be it therefore enacted as follows:

    (1) The order of the Court made on the 13th day of February 1890, declaring certain persons to be the owners of the land known as Suburban Section 113 of the Township of Foxton (or Wakawehe Block), and the Order in Council dated the 22nd day of June 1925 authorising the Court to exercise certain jurisdiction in respect of the said land are hereby respectively cancelled.

    (2) The District Land Registrar is hereby directed to cancel the certificate of title at present existing in respect of the said land.

    (3) The Court may by order set apart and reserve the said land, together with any accretion thereto, for the common use of the Ngatiwhakatere Maori Tribe.

    (4) So long as the said land is so set apart and reserved it shall be inalienable (including disposition thereof by will) to the Crown or any other person.

    (5) The Court may at any time, by order, amend, vary, or revoke the order setting apart the said land, whether as to the boundaries of the land or otherwise, and either as to the whole or any part of the land, and upon any revocation may vest the said land comprised in the order of revocation in such person as it finds entitled thereto for an estate of freehold in fee simple.

    (6) The Court may from time to time, by order, make such bylaws as it thinks fit, as to the management, control, and use of the said land and to prevent trespass thereon (whether by Maoris or Europeans), and such bylaws may impose fines not exceeding $40 for any breach of those bylaws.

    (7) The Court may appoint trustees to hold and administer the said land in accordance with the bylaws for the time governing the said land, and may in any case where it deems it expedient remove any trustee, and may from time to time appoint a new trustee or trustees.

21
  • [Repealed]

    Section 21 was repealed by section 6(1) of the Maori Purposes Act 1956.

22
  • [Repealed]

    Section 22 was repealed by section 6(1) of the Maori Purposes Act 1956.

Part 3
General

23
  • [Repealed]

    Section 23 was repealed by section 6(1) of the Maori Purposes Act 1956.

24
  • [Repealed]

    Section 24 was repealed by section 57(1) of the Maori Trust Boards Act 1955.

25
  • [Repealed]

    Section 25 was repealed by section 6(1) of the Maori Purposes Act 1956.

26
  • [Repealed]

    Section 26 was repealed by section 6(1) of the Maori Purposes Act 1956.

27
  • [Repealed]

    Section 27 was repealed by section 6(1) of the Maori Purposes Act 1956.


Schedule 1

[Repealed]

  • Schedule 1 was repealed by section 473(1) of the Maori Affairs Act 1953.

Schedule 2

[Repealed]

  • Schedule 2 was repealed by section 6(1) of the Maori Purposes Act 1956.