New Zealand Legislation: Acts
Acts are laws made by Parliament
Add to web feed | Public Act | 1934 No 45 |
| Date of assent | 5 April 1935 |
An Act to reconstitute the Maori Purposes Fund Control Board, to redefine and extend its functions, to establish a fund to be called the Maori Purposes Fund, and to provide for the administration of the said Fund
This Act may be cited as the Maori Purposes Fund Act 1934-35.
In this Act, unless the context otherwise requires,—
Board means the Maori Purposes Fund Board established by this Act
Financial year means the period of 12 months commencing on the 1st day of April in any year
Fund means the Maori Purposes Fund established by this Act
Fund Account means the Maori Purposes Fund Account established by this Act
Maori means a person belonging to the aboriginal race of New Zealand, and includes any person descended from a Maori.
The word “Maori”
was substituted, as from 27 November 1947, for the word “Native”
pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).
There is hereby established a fund to be called the Maori Purposes Fund which shall consist of—
(a) All money which at the commencement of this Act is standing in the Native Trustee's Account to the credit of the Maori Purposes Fund Account originally established by section 3 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1924:
(b) All money which at the commencement of this Act is standing in the Native Trustee's Account to the credit of the Maori Ethnological Research Fund originally established by section 9 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1923:
(c) All money which at the commencement of this Act is standing to the credit of the account of the Maori Arts and Crafts Board established by section 48 of the Maori Purposes Act 1931:
(d) All other money which at the commencement of this Act is the property of any such fund or account:
(e) All future accumulations of all such money as aforesaid:
(f) All money which after the commencement of this Act is contributed to the Fund under the authority of this or any other Act or is otherwise lawfully paid into the Maori Trustee's Account to the credit of the Maori Purposes Fund Account established by this Act.
The word “Maori”
was substituted, as from 27 November 1947, for the word “Native”
pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).
In paragraph (f) the reference to the Maori Trustee was substituted for a reference to the Native Trustee by section 9(2)(a) Maori Purposes Act 1947.
The general objects for which money in the Fund may be applied are the following:
(a) The promotion of the health, education, and social and economic welfare of Maoris:
(b) The encouragement and teaching of Maori arts and crafts:
(c) Research into and publication of books and papers on the arts and crafts, language, customs, traditions, and history of the Maori and cognate races of the Pacific Ocean:
(d) The preservation of the Maori language:
(e) The financial assistance by grant or otherwise of societies or institutions formed to carry out any such object as aforesaid or any like object.
The word “Maori”
was substituted, as from 27 November 1947, for the word “Native”
pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).
(1) All money belonging to the Fund shall be paid into the Maori Trustee's Account to the credit of a separate account therein to be called the Maori Purposes Fund Account. The account of that name established by section 3 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1924 shall be deemed to be the same account as the account established by this subsection.
(2) Money shall be paid out of the Fund Account by the Maori Trustee only on requisition pursuant to a resolution of the Board in that behalf.
(3) Proper books of account shall be kept by the Maori Trustee in which shall be entered correct records of all money received into and paid out of the Fund Account. Such books shall be open at all reasonable times to inspection by any member of the Board or by any authorised officer of the Board.
(4) All expenses incurred in respect of the administration of this Act shall be paid out of the Fund Account.
In subss, (1), (2), and (3) the references to the Maori Trustee were substituted for references to the Native Trustee by section 9(2)(a) Maori Purposes Act 1947.
The word “Maori”
was substituted, as from 27 November 1947, for the word “Native”
pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).
At the close of each financial year the Maori Trustee shall cause to be prepared in respect of the Fund a revenue account for that year, together with a statement of financial position showing the assets and liabilities of the Board. That account and statement of financial position shall be audited by the Audit Office.
Section 6 was substituted, as from 25 October 1956, by section 5 Maori Purposes Act 1956 (1956 No 43).
The words “statement of financial position”
were substituted, as from 1 October 1997, for the words “balance sheet”
pursuant to section 6(1) Financial Reporting Amendment Act 1997 (1997 No 17).
(1) For the purposes of the administration of the Maori Purposes Fund there is hereby established a Board, to be called the Maori Purposes Fund Board, which shall be a body corporate with perpetual succession and a common seal and shall be capable of holding real and personal property and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.
(2) The Board shall consist of—
(a) The Minister of Maori Affairs, who shall be the Chairman:
(b) The chief executive of the Ministry of Maori Development:
(c) the members of Parliament for the Maori electoral districts:
(d) One person to be appointed by the Governor-General in Council on the nomination of the New Zealand Maori Council constituted by section 17 of the Maori Community Development Act 1962:
(e) Not more than 6 other persons to be appointed by the Governor-General in Council.
(3) [Spent]
(4) Every appointed member of the Board shall, save as hereinafter in this section provided, hold office for a term of 3 years from the date of his appointment, and shall be eligible for reappointment.
(5) An appointed member may at any time be removed from office by the Governor-General in Council, and in such case, or in case of his death, or of his resignation by writing under his hand delivered to the Minister of Maori Affairs, his office shall become vacant, and such vacancy shall be filled by appointment by the Governor-General of some person to hold office for the residue of the term for which the person vacating office was appointed.
(6) There shall be paid out of the Fund Account to the members of the Board (other than the Minister) remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
Subsection (2) was substituted, as from 14 December 1979, by section 15(1) Maori Purposes Act 1979 (1979 No 136).
Subsection (2)(b) was substituted, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145).
Subsection (2)(c) was substituted, as from 11 April 2001, by section 3 Maori Purposes Fund Amendment Act 2001 (2001 No 13).
Subsection (6) was substituted, as from 1 April 1952, by section 10(1) Fees and Travelling Allowances Act 1951 (1951 No 79).
(1) Any contract which, if made between private persons, must be by deed, shall, when made by the Board, be in writing under the common seal of the Board.
(2) Any contract which, if made between private persons, must be in writing signed by the parties to be charged therewith, may, when made by the Board, be in writing signed by any member of the Board acting on behalf of and by direction of the Board.
(3) Any contract which, if made between private persons, may be made verbally without writing, may, when made by the Board, be made verbally without writing by any member of the Board acting on behalf of and by direction of the Board.
(4) Notwithstanding anything in the foregoing provisions of this section, no contract made by or on behalf of the Board shall be invalid by reason only that it was not made in the manner provided by this section if it was made pursuant to a resolution of the Board or to give effect to a resolution of the Board.
(1) The Board shall in each year hold an annual meeting in Wellington, in accordance with the next succeeding subsection, and shall from time to time hold ordinary meetings for the transaction of its business at such times and places as the Board itself by resolution or the Chairman from time to time determines, and shall hold special meetings on requisition by not less than 2 members of the Board stating the nature of the business proposed to be transacted. No decision of the Board shall be given otherwise than by resolution passed at the annual meeting or at an ordinary or special meeting as aforesaid.
(2) If Parliament is in session in the month of July in any year, the annual meeting shall be held in that month or in the month of August; if Parliament is not in session in the month of July in any year, the annual meeting shall be held within one month after the commencement of the next ensuing session.
(3) At all meetings of the Board 5 members shall constitute a quorum.
(4) In the absence of the Minister of Maori Affairs from any meeting of the Board, the members present shall appoint one of their number to be the Chairman for that meeting.
(5) The Chairman shall have a deliberative vote and in case of an equality of votes shall also have a casting vote.
(6) Subject to regulations under this Act in that behalf, the Board may regulate its own procedure.
(7) No act or proceeding of the Board shall be deemed to be invalid by reason of any vacancy in the membership thereof at the time of such act or proceeding or by reason of the fact that any person may have acted as a member of the Board after the vacation of his office.
(8) Notwithstanding the provisions of subsection (1) of this section, a resolution in writing, signed or assented to by letter or telegram by such number of members of the Board as constitutes a quorum thereof, shall be as valid and effectual as if it had been passed at a duly called and constituted meeting:
Provided that no such resolution shall have effect unless notice in writing of the proposed resolution has been given to each member of the Board at least 14 days before the resolution is to become effective and that each resolution passed in accordance with this subsection shall be laid before the Board at the annual meeting next following the date of the passing of the resolution.
In subsection (4) the reference to the Minister of Maori Affairs was substituted for a reference to the Native Minister by section 3(2) Maori Purposes Act 1947.
Subs (8) was inserted, as from 24 October 1957, by section 8 Maori Purposes Act 1957 (1957 No 81).
(1) In connection with the administration of the Fund the Board may—
(a) Acquire land or any interest in land or any chattels by way of purchase, gift, or otherwise howsoever:
(b) Sell or otherwise dispose of any land or interest in land or any chattels acquired by it:
(c) Expend money of the Fund on the maintenance and improvement of any land or buildings owned or otherwise held by it, or for the payment of interest or other charges on any land or other property:
(d) Agree to any land vested in it being subject to any consolidation or development scheme under the Maori Affairs Act 1953 or any other Act relating to Maori land or other land held or administered for the use or benefit of Maoris.
(2) All money required by the Board for the purpose of exercising any of the powers conferred by the last preceding subsection shall be payable out of money belonging to the Fund, and all money received by the Board from the exercise of any such powers shall become money of the Fund and be paid into the Maori Trustee's Account to the credit of the Fund Account.
In subsection (1)(d) the Maori Affairs Act 1953 has been substituted for the repealed Native Land Act 1931, and the terms “Maori”
and “Maoris”
were substituted for the terms “Native”
and “Natives”
by section 2 Maori Purposes Act 1947.
In subsection (2) the reference to the Maori Trustee was substituted, as from 27 November 1947, for a reference to the Native Trustee by section 9(2)(a) Maori Purposes Act 1947 (1947 No 59).
The reference to consolidation schemes has now no effect as the relevant provisions of the Maori Affairs Act 1953 (Part 18) were repealed by section 55 Maori Affairs Amendment Act 1974.
The Board may, from time to time, invest any money of the Fund in any investments for the time being authorised by law for the investment of trust funds.
Section 10A was inserted, as from 24 October 1957, by section 9 Maori Purposes Act 1957 (1957 No 81).
(1) In addition to any powers specifically conferred on it by this Act with respect to the Fund the Board may from time to time expend money of the Fund for all or any of the following purposes, namely:
(a) For the promotion of the health of Maoris—
(i) By installing, or making grants towards the cost of installing, water supplies, sanitation works, and drainage in Maori settlements:
(ii) By promoting, carrying out, subsidising, or making grants or loans for the housing of Maoris:
(iii) By providing, subsidising, or making grants for medical, nursing, and dental services:
(iv) By making grants or loans to any associations or bodies of persons formed for promoting or conserving in any way, either alone or in conjunction with other objects, the health and physical well-being of Maoris:
(b) For the promotion of the social and economic welfare of Maoris—
(v) By making grants or loans towards the cost of the construction, establishment, management, maintenance, repair, or improvement of Maori meeting houses, villages, or maraes:
(vi) By promoting tribal and other meetings and the interchange of visits, and by other means endeavouring to bring about and maintain friendly relations among Maoris and between the Maori people and cognate races of the Pacific Ocean:
(vii) By making grants or loans to groups or associations of Maoris for tribal purposes:
(viii) By developing or subsidising or making grants or loans for farming or other industries:
(c) For the promotion of the education of Maoris in all its aspects—
(ix) By establishing or assisting in the establishment of and equipping, managing, and conducting schools, or by financial assistance or grants of equipment or material to established schools or other educational institutions, or by grants to funds established or bodies formed for the promotion of the education of Maoris:
(x) By founding and maintaining scholarships, exhibitions, bursaries, and other like means of enabling Maoris to secure the benefits of education:
(d) For the encouragement and teaching of Maori arts and crafts—
(xi) By the establishment of a school or schools of Maori art or other institutions for the study of the arts and crafts as known to and practised by the Maori people:
(xii) By making grants to any school or class established or formed for the purpose of giving instruction in or encouraging the practice of Maori arts and crafts:
(xiii) By acquiring specimens of and books or publications connected with Maori arts and crafts:
(xiv) By printing or reprinting and publishing any books or papers dealing with or containing any reference to Maori arts and crafts:
(xv) By adequately housing and otherwise safeguarding and maintaining all specimens of Maori arts and crafts acquired by it and all Maori antiquities and other things entrusted to its custody by the owners thereof, and any other articles belonging to or in the custody of the Board:
(e) For research into the arts and crafts, language, customs, traditions, and history of the Maori and cognate races of the Pacific Ocean, and the preservation of the Maori language—
(xvi) By printing and publishing any book, paper, matter, record, or other document, drawing, sketch, photograph, or other pictorial record:
(xvii) By purchasing books, periodicals, manuscripts, drawings, sketches, paintings, photographs, carvings, and other articles:
(xviii) By securing phonographic and other records of Maori and Polynesian songs and chants, and of their language:
(xix) By financially assisting in such manner as it thinks fit any publication wherever published, or any society or person in New Zealand or elsewhere engaged in any matter to which this paragraph relates:
(xx) By organising and equipping and conducting, or by assisting in or contributing towards the cost of organising, equipping, and conducting, any expedition to any part of New Zealand or to any island in the Pacific Ocean for the investigation of the life, customs, history, traditions, arts and crafts, work, and language of the native inhabitants, and the collection of records relating thereto.
(2) Where the Board establishes or manages or conducts any school or other institution as aforesaid, or carries out any work, it may, for the purposes thereof from time to time appoint such instructors and other officers and servants as it thinks fit, and may fix fees to be paid for instruction in, and make rules for the conduct and management of, such school or other institution.
The word “Maori”
was substituted, as from 27 November 1947, for the word “Native”
pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).
Any local authority or other public body, any company or other incorporated body, any unincorporated body of persons, any trustee or trustees (including the Maori Trustee), or any other person may, unless expressly prohibited by any Act or instrument of trust affecting it, him, or them, make to the Board, and the Board may accept, donations or gifts of land or any interest in land, money, or chattels for the purpose of aiding the Board in carrying out its functions under this Act, or may place in the custody of the Board any specimens of Maori arts and crafts or any Maori antiquities or any books, papers, or documents, or paintings, sketches, drawings, photographs, carvings, or other pictorial records.
The reference to the Maori Trustee was substituted, as from 27 November 1947, for a reference to the Native Trustee by section 9(2)(a) Maori Purposes Act 1947 (1947 No 59).
(1) The Board may from time to time appoint, discharge, alter, continue, or reconstitute standing or special committees, and may refer to such committees any matters for consideration or inquiry or management or regulation; and, subject to and within the limits prescribed by regulations in that behalf, may delegate to any such committee any of the powers or duties of the Board.
(2) It shall not be necessary that any person appointed to be a member of a committee under this section shall be a member of the Board.
(1) The Board shall in each financial year cause to be prepared a report of its operations and commitments during the preceding financial year, together with an estimate of the money that will be required by it for expenditure during such first-mentioned year, and such report and estimate and the audited statements and statement of financial position mentioned in section 6 hereof shall be laid before and considered by the Board at its annual meeting.
(2) Within 14 days after the annual meeting all such documents as aforesaid shall be laid before the House of Representatives, if Parliament is then in session, and if not, then within 14 days after the commencement of the next ensuing session.
In subsection (2) the reference to the House of Representatives was substituted, as from 1 January 1951, for a reference to both Houses of Parliament by section 2(4) Legislative Council Abolition Act 1950 (1950 No 3).
The words “statement of financial position”
were substituted, as from 1 October 1997, for the words “balance sheet”
pursuant to section 6(1) Financial Reporting Amendment Act 1997 (1997 No 17).
(1) The Governor-General may from time to time, by Order in Council, make regulations—
(a) Prescribing the records to be kept by the Board and the form of such records, and regulating the keeping of such records:
(b) Regulating the keeping of accounts and other records of money received into and paid out of the Fund Account, and generally regulating expenditure by the Board:
(c) Fixing the travelling allowances and travelling expenses that may be paid to members of the Board:
(d) Regulating the procedure of the Board:
(e) Regulating the delegation of powers and duties by the Board to committees, and fixing the limits of such delegation:
(f) Prescribing the terms and conditions of any loans granted by the Board pursuant to section 11 hereof:
(g) Prescribing all such other matters as may be deemed necessary or expedient for the purpose of giving full effect to this Act or for which regulations may be contemplated by this Act.
(2) [Repealed]
In subsection (2) the reference to the “House of Representatives”
was substituted, as from 1 January 1951, for a reference to both Houses of Parliament by section 2(4) Legislative Council Abolition Act 1950 (1950 No 3).
Section 15(2) was repealed, as from 19 December 1989, by section 11 Regulations (Disallowance) Act 1989 (1989 No 143).
For regulations made under this section, see SR 1937/241.
(1) Sections 46, 47, and 48 Maori Purposes Act 1931 are hereby repealed.
(2) The Maori Purposes Fund Control Board, the Board of Maori Ethnological Research, and the Maori Arts and Crafts Board, as respectively constituted under those sections, are hereby dissolved.
(3) All real and personal property of the said Boards (other than money thereof declared by section 3 hereof to form part of the Fund) shall on the commencement of this Act vest in the Board established by this Act without conveyance or assignment for the estate and interest of the said Boards therein, subject to all liabilities, charges, obligations, or trusts affecting that property, and all the contracts, debts, and liabilities of any of those Boards shall become the contracts, debts, and liabilities of the Board.
(4) All regulations heretofore made under any of the enactments repealed by this section, and all acts done and all payments heretofore made or authorised to be made by any of the said Boards or by any other person in exercise or intended exercise of any power conferred by any such regulations, shall for all purposes be deemed to have been lawfully made or done or authorised, as the case may be, and the Board established by this Act may make any such payment so authorised but not made at the commencement of this Act.
(5) All money required by the Board for the purpose of discharging its obligations under any contract or of meeting any debts or discharging any liabilities transferred to it as aforesaid, or of making any payment authorised by the last preceding subsection, shall be payable out of the Fund Account.
The word “Maori”
was substituted, as from 27 November 1947, for the word “Native”
pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).
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