New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 1 January 2008
| Public Act | 1935 No 34 |
| Date of assent | 26 October 1935 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
An Act to make better provision for the housing of the Maori people
This Act may be cited as the Maori Housing Act 1935.
In this Act, unless the context otherwise requires—
Board
[Repealed]
Board: this definition was substituted by section 11(1) Maori Affairs Amendment Act 1974.
Board: this definition was repealed, as from 1 October 1989, by section 13(1) Ministry of Maori Affairs Restructuring Act 1989 (1989 No 68).
Chief executive means the chief executive of the Ministry of Maori Development
Chief executive: this definition was inserted, as from 1 October 1989, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145).
Court means the Maori Land Court constituted under the Maori Affairs Act 1953
Court: the Maori Affairs Act 1953 has been substituted for the repealed Maori Land Act 1931.
Dwelling includes all necessary outbuildings and appurtenances in connection with a dwelling
General Manager
[Repealed]
General Manager: this definition was inserted, as from 1 October 1989, by section 13(1) Maori Affairs Restructuring Act 1989 (1989 No 68).
General Manager: this definition was repealed, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145).
Maori means a person belonging to the aboriginal race of New Zealand, and includes a person descended from a Maori.
For the purposes of this Act, the term Maori shall be deemed to include any Polynesian who is a native of any island of the South Pacific Ocean and any person who is a descendant of such a Polynesian if, in either case,—
(a) He is a New Zealand citizen; or
(b) He has lived in New Zealand for 3 years and is permanently resident in New Zealand.
Section 2A was inserted by section 9(1) of the Maori Purposes Act 1969.
In paragraph (b) the figure “3”
was substituted for the figure “5”
by section 7 of the Maori Purposes Act 1977.
For the purpose of providing dwellings and improved housing conditions for Maoris the chief executive may, out of money appropriated by Parliament for the purposes of this Act, make advances to any person for all or any of the following purposes, namely:
(a) For the erection, repair, alteration, or improvement of any dwellings and of all necessary outbuildings, fences, and appurtenances attached thereto:
(b) For the repair, alteration, improvement, or installation in or in respect of any dwelling of a system of lighting, heating, sanitation, water supply, or other conveniences:
(c) For the purchase of land or interests in land as a site for a dwelling or dwellings:
(d) For the draining, cultivation, or general improvement of the land appurtenant to a dwelling:
(e) For the purchase of a dwelling or dwellings:
(f) For the payment of any money for the time being payable in respect of any dwelling or of any land that is or is intended to be the site of a dwelling or appurtenant to a dwelling, whether as rates, taxes, rent, money secured by any mortgage or charge, insurance premiums, or otherwise:
(g) For the payment of any single premium payable to an insurer approved by the chief executive in that behalf in respect of any mortgage or debt repayment insurance policy.
Section 3 (that part before paragraph (a)) was amended, as from 30 July 1985, by section 2(1) Maori Housing Amendment Act 1985 (1985 No 115) by substituting the words “to any person”
for the words “to Maoris”
.
Section 3 (that part before paragraph (a)) was amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
Paras (e) and (f) were inserted by section 19(1) Maori Housing Amendment Act 1938
Para (g) was substituted for the former paragraph (g) (as added by section 19 Maori Purposes Act 1960) by section 6(1) Maori Purposes Act 1967. It was amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
(1) Any such advances may be made as the chief executive shall determine upon any of the following classes of security, namely:
(a) A first mortgage of Maori land or of land owned by Maoris (including a leasehold interest in any such land):
(b) A first mortgage of any undivided interest or interests in Maori land:
(c) An assignment of the proceeds of the alienation of Maori land or of land owned by Maoris:
(d) An assignment or other disposition of any other money payable or to become payable whether on account of the sale of dairy produce or other produce of land or otherwise howsoever:
(e) Such other security or securities as the chief executive may approve.
(2) In determining whether any application for an advance should be granted the chief executive shall not be bound to insist upon any fixed or definite margin of security but may authorise such advances in any case where the chief executive considers it expedient so to do.
Subsections (1) (that part before paragraph (a)), (1)(e) and (2) were amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
(1) The chief executive may require any order on or assignment of money given as security for the repayment of any money advanced under the provisions of this Act to be expressed to be irrevocable, notwithstanding the death of the person giving such order or assignment or of his successors in title, and any such order or assignment shall be irrevocable accordingly except with the consent in writing of the chief executive.
(2) Notwithstanding any rule of law or regulation or anything in this or any other Act to the contrary, any company, body corporate, or person upon whom notice of any such order or assignment has been served shall be bound to accept and to act upon any such order or assignment and to pay to the person nominated in that behalf in the order or assignment all money from time to time payable thereunder.
(3) Every such order or assignment shall be taken in the name of Her Majesty the Queen.
Subsection (1) was amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
(1) For the purposes of this Act it shall be competent for any person to give an order on or an assignment of the proceeds of the alienation of any land (including compensation money for land taken), whether any such lands are or were vested in the Maori Trustee, the East Coast Commissioner, Public Trust, or any other trustee, or not.
(2) Any such order or assignment shall be valid and enforceable for all purposes, notwithstanding the provisions of Te Ture Whenua Maori Act 1993 or of any other Act to the contrary.
Subsection (1) was amended by substituting the words “the Maori Trustee”
for the words “a Maori Land Board”
.
Subsection (1) was amended, as from 30 July 1985, by section 2(2) Maori Housing Amendment Act 1985 (1985 No 115) by substituting the words “any person”
for the words “any Maori”
.
Subsection (1) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust”
for the words “the Public Trustee”
. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
The reference to the Te Ture Whenua Maori Act 1993 in subsection (2) was substituted, as from 1 July 1993, for a reference to the Maori Affairs Act 1953, pursuant to section 362(2) Te Ture Whenua Maori Act 1993 (1993 No 4).
No money advanced under the provisions of this Act shall, unless the chief executive otherwise determines, be paid to the applicant, but all such money shall be expended or applied by the chief executive or at his or her direction for all or any of the purposes mentioned in section 3 hereof.
Section 7 was amended, as from 1 October 1989, by section 13(1) Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager”
for the word “Board”
. The reference to “its direction”
following the reference to “Board”
has been consequentially changed to “his or her direction”
.
Section 7 was amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
[Repealed]
Section 8 was repealed by section 24(1) of the Maori Housing Amendment Act 1938.
(1) As security for the repayment of any advances made under the provisions of this Act, the chief executive may require the person to whom it is proposed to make the advance to execute a mortgage of the land in respect of which the advance has been made (hereinafter referred to as the said land) or of his interest therein, including a leasehold interest, and in addition may require such person to execute a mortgage of other lands owned by him or in which he has an interest:
Provided that where the said land or such other lands are owned by other persons, either jointly or in common with the person receiving the advance, no such mortgage shall prejudice or affect the interests of such other owners except in so far as they consent thereto.
(2) The chief executive may also require the person to whom or on whose behalf it is proposed to make any such advance to give such securities over his stock, chattels, machinery, implements, or other assets as it may deem expedient.
(3) All such mortgages, chattels, and other securities shall be taken in the name of Her Majesty the Queen.
Subsections (1) and (2) were amended, as from 30 July 1985, by section 2(3) Maori Housing Amendment Act 1985 (1985 No 115) by substituting the word “person”
for the word “Maori”
, wherever it occurs.
Subsections (1) and (2) were amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
The rate of interest to be charged on advances made under this Act shall be such rate as the chief executive determines, but not in excess of the rate fixed under the Housing Corporation Act 1974 in respect of similar loans made by the Housing New Zealand Corporation.
Section 10 was amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
Section 10 was substituted, as from 18 August 1992, by section 39 Housing Amendment Act 1992 (1992 No 76).
Section 10 was amended, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37) by substituting the words “the Housing Corporation Act 1974 in respect of similar loans made by Housing New Zealand Corporation”
for the words “section 25 of the Housing Corporation Act 1974 in respect of similar loans made by the Housing Corporation of New Zealand”
.
All persons to whom or on whose behalf advances have been made under the provisions of this Act shall in all respects conform to the directions of the chief executive or his or her officers in all matters pertaining to the cost, nature, and dimensions of the dwelling proposed to be erected or improved, the approval of plans and specifications therefor, the tender or price for the erection or improvement thereof to be accepted, the application of the money to be advanced, the supervision of the erection or improvement, and generally as to all other matters incidental to the erection or improvement of a dwellinghouse and its conveniences and appurtenances, including fencing.
Section 11 was amended, as from 1 October 1989, by section 13(1) Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager”
for the word “Board”
. A reference to “its officers”
following the reference to “Board”
has been consequentially changed to “his or her officers”
.
Section 11 was amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
While any money remains owing by the person or persons to whom advances have been made under the provisions of this Act the chief executive shall have all necessary powers of inspection, supervision, and control of the occupation, user, maintenance, and repair of any dwelling upon the erection, repair, or improvement of which any money so advanced has been expended, and such person or persons shall in all respects conform to the directions of the chief executive in that behalf.
Section 12 was amended, as from 1 October 1989, by section 13(1) Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager”
for the word “Board”
.
Section 12 was amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
(1) The chief executive may in his or her discretion act as the agent of any person who applies for an advance under this Act for the purpose of arranging for the erection or repair of a house for him, and for that purpose, may on that person's behalf employ workmen, purchase materials, enter into contracts, and generally do all things which the chief executive is empowered to require any such person to do for the purposes of this Act and the regulations thereunder.
(2) All money spent by the chief executive while acting as agent under this section shall, after allowing for any cash contributions made by the borrower, be deemed to be part of the advance or a further advance, as the case may be, within the meaning of any mortgage or other security given to secure the repayment of money advanced under this Act and shall be recoverable from the borrower accordingly.
Section 12A was inserted section 31 Maori Purposes Act 1959.
Section 12A was amended, as from 1 October 1989, by section 13(1) Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager”
for the word “Board”
. A reference to “its discretion”
following the reference to “Board”
has been consequentially changed to “his or her discretion”
Section 12A was amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
The chief executive may from time to time make further advances for the purpose of altering, enlarging, repairing, rebuilding, or otherwise improving a dwelling or of the appurtenances and conveniences attached thereto, or for the improvement of the land upon which the dwelling is situate or otherwise for the purpose of improving such dwelling, and any such further advance shall be a debt due to the Crown, and shall form part of the money for the time being owing in respect of such dwelling, and be deemed to be included in the mortgage or other security for the time being securing the repayment thereof, and to bear interest accordingly.
Section 13 was amended, as from 1 October 1989, by section 13(1) Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager”
for the word “Board”
. A reference to “its discretion”
following the reference to “Board”
has been consequentially changed to “his or her discretion”
Section 13 was amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
(1) For the purpose of providing funds to be used, in conjunction with any advance under this Act, or otherwise for the improvement of the housing conditions of any Maori, money may from time to time be lodged by or on behalf of that Maori in a Trust Bank Account in his name.
(2) All money received and held under subsection (1) of this section in the name of any person shall be deemed to be held by the Crown as the property of that person exclusively, and shall be disposed of to or by direction of that person exclusively.
(3) Interest, at such rate and computed in such manner as the Minister of Finance may from time to time determine, on any money held under subsection (1) of this section shall from time to time be credited to the account in which the money is held:
Provided that the rate of interest shall not exceed the rate for the time being fixed in respect of ordinary deposits in the Post Office Savings Bank.
(4) Any determination by the Minister of Finance under subsection (3) of this section may be made either generally or with respect to any particular account or class of accounts.
(5) Any money heretofore received into the Public Account and held in the name of any person for the purposes set out in subsection (1) of this section shall be deemed to have been received and held pursuant to the said subsection (1) and all the provisions of this section shall extend and apply to any such money accordingly.
Section 13A was inserted by section 10(1) Maori Purposes Act 1957.
Subsection (1) was amended, as from 1 July 1989, by section 86(1) of 1989 No 44 (Public Finance Act 1989) by substituting the words “lodged by or on behalf of that Maori in a Trust Bank Account in his name”
for the words “received into the Public Account from or on behalf of that Maori, to be held in an account in his name”
.
For the purposes of this Act the Governor-General may from time to time make regulations, not inconsistent with this Act, for any of the following purposes, namely:
(a) Prescribing the conditions upon which advances under the foregoing provisions of this Act may be granted:
(b) Prescribing rules for the direction, supervision, and control of the erection or alteration of dwellings and buildings in respect of which advances are made under this Act:
(c) Providing for the inspection, management, and control by the chief executive of any such dwellings:
(d) Empowering the chief executive to fix, whether by scale or otherwise, the fees and charges payable in respect of advances under this Act, to determine the manner in which any such fees or charges are to be paid, and to allow any refund or remission, in such circumstances as the chief executive may determine, of any such fees and charges:
(e) Providing for the appointment of agents for the collection of money payable to the Crown under this Act:
(f) Prescribing the terms of repayment of money advanced under this Act, including tables for the payment of principal and interest:
(g) Prescribing any other matters that may be deemed necessary for the purpose of giving effect to this Act.
Section 14(d) was substituted, as from 30 July 1985, by section 3(1) Maori Housing Amendment Act 1985 (1985 No 115).
Section 14(c) and (d) was amended, as from 1 October 1989, by section 13(1) Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager”
for the word “Board”
.
Section 14 was amended, as from 1 January 1992, by section 9(1) Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive”
for the words “General Manager”
.
Any notice which, for the purposes of this Act, is required to be served on any person shall be deemed to be sufficiently served if it is served in accordance with sections 353 to 360 of the Property Law Act 2007, and all the provisions of that section shall, with any necessary modifications, apply to any such notice accordingly.
Section 14A was inserted by section 9 Maori Purposes Act 1965.
Section 14A: amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
(1) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $1,000 who, for the purpose of obtaining any advance under this Act, whether for that person or for any other person,—
(a) Makes any statement or declaration knowing it to be false in any particular; or
(b) Wilfully misleads or attempts to mislead any other person involved in the granting of advances under this Act.
(2) Notwithstanding anything in section 14 of the Summary Proceedings Act 1957, any information for an offence against this Act may be laid at any time within 12 months after the date of the alleged offence.
Section 14B was inserted, as from 30 July 1985, by section 4 Maori Housing Amendment Act 1985 (1985 No 115).
[Repealed]
Section 15 was repealed by section 10(1)(a) of the Maori Purposes Act 1965.
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Maori Housing Act 1935. It incorporates all the amendments to the Maori Housing Act 1935 as at 1 January 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.
This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.
Property Law Act 2007 (2007 No 91): section 364(1)
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