Maori Purposes Act 1936

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Ikaroa District

10 Providing for control and administration of Raukawa Marae
  • Whereas the Maori owners (or their successors) of the lands mentioned in subsection (1) are desirous of setting them apart for the common use of the members of the Ngati-Raukawa and associated Maori tribes:

    Be it therefore enacted as follows:

    (1) The lands affected by this section and herein referred to as the said lands are Sections 166 and 168 of the Town of Otaki, and such portions of Sections 167 and 169 of the said Town of Otaki to be defined by partition or other orders of the Maori Land Court.

    (2) The said lands (herein referred to as the Raukawa Marae) shall as from the commencement of this Act become vested for an estate of freehold in fee simple in the persons mentioned in Schedule 3 (who, together with the trustees for the time being, are herein referred to as the said trustees), upon trust to hold and administer the said lands for the common use of the members of the Ngati-Raukawa and associate tribes for the purpose of a meeting place and meeting house site.

    (3) Notwithstanding the provisions of section 130 of the Land Transfer Act 1915, the District Land Registrar is hereby authorised to issue 1 or more certificates of title for the said lands in favour of the said trustees, freed and discharged from all right, title, or interest of the present owners and their successors and of the Ikaroa District Maori Land Board, provided that the certificate of the Registrar of the Maori Land Court, sealed with the seal of the court, shall be sufficient evidence to the District Land Registrar and all courts and persons as to the portions of the said lands which consist of Sections 167 and 169 of the Town of Otaki.

    (4) It shall be in the power of the said trustees, under the name of the Raukawa Marae Trustees, to acquire by purchase, lease, or gift any land adjoining or adjacent to the said lands for the purpose of enlarging or improving the said Raukawa Marae, and to be held upon the same trusts.

    (5) The said lands, together with any further land acquired under subsection (4), shall be exempt from rating under the Local Government (Rating) Act 2002.

    (6) 

    • (a) Any contract which must be in writing signed by or on behalf of the party to be charged therewith must in order to charge the trustees be in writing signed by at least 3 trustees authorised by resolution of the said trustees.

    • (b) Any contract which may be made verbally without writing may be made in like manner by some one authorised on their behalf by resolution of the said trustees.

    (7) 

    • (a) All questions coming before the said trustees shall be decided by resolution at a meeting of the said trustees at which a quorum is present by a majority of the votes of the said trustees then present thereat.

    • (b) A quorum shall consist of not less than 15 trustees or all the trustees where there are less than 16 trustees in office.

    • (c) The said trustees shall cause minutes of every meeting and the proceedings thereat to be duly entered in a book provided for the purpose, and a copy of the minutes or of any resolution of the said trustees, signed by at least 2 of the said trustees, shall be received in all courts and by persons acting judicially and by any other public functionary or officer as prima facie evidence of the matter stated in such minute or resolution.

    (8) The said trustees may from time to time make such regulations as they think expedient for the proper administration and control of the said lands or any part thereof, or of any building erected thereon, and shall have power to prosecute any person committing a breach of any such regulations.

    (9) 

    • (a) If a member of the said trustees becomes insane or desires to be removed, or for other good reason should be removed, the Maori Land Court may on the application of the said trustees remove such trustee.

    • (b) If a trustee dies, or is removed under the last preceding paragraph, the court may, on the application of the said trustees, appoint a new trustee or new trustees to fill the vacancy, or may appoint additional trustees:

      provided that trustees appointed to fill vacancies shall as far as practical be chosen from the relative hapu or section from which his predecessor was selected.

    • (c) The court may at any time cancel, amend, or vary any order made by it appointing a trustee. An order made under this section may be registered under the Land Transfer Act 1915.

    (10) For the purpose of attending to matters of detail in connection with the Raukawa Marae, the said trustees may by resolution appoint an executive committee, consisting of not more than 15 of such trustees, to be called the Raukawa Marae Management Committee, to whom the said trustees may delegate such duties as they think fit. Such executive committee shall be in all respects subject to the control and direction of the said trustees.

    (11) The court shall have jurisdiction to inquire into all disputes which may arise out of the trust hereby created, and to make such order as the circumstances of the case may require.

    (12) If, in the opinion of the court, it becomes unnecessary to retain the said lands or any part thereof for the purposes of this section, the court may from time to time by order vest the said lands or the part thereof unnecessary to be retained in the persons who at the commencement of this Act owned the said lands, or their successors according to Maori custom, for an estate of freehold in fee simple freed and discharged from the trust created by this section.

    Section 10: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

    Section 10(1): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

    Section 10(3): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

    Section 10(5): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Section 10(9)(a): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

    Section 10(12): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).