This Act may be cited as the Maori Purposes Act 1936.

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.

(1) The land situate in the Waiariki Maori Land Court District, and known as Whaiti-Kuranui No 2D school site, containing 3 acres, more or less, being the land more particularly delineated on plan numbered 5156D, red, deposited in the office of the Chief Surveyor at Auckland, shall, as from the commencement of this Act, cease to be Crown land and shall thereafter be and 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.

(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 of this Act (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 one 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) hereof, 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.

(1) The Court is hereby authorised and empowered to make an order vesting the said land in 2 or more trustees in trust to hold and administer the same for the purpose of this section. On the making of a vesting order or orders under this section the land affected thereby shall be deemed to be one Maori reservation within the meaning of section 298 of the principal Act, set apart and reserved for the common use of the Wairoa section of the Ngati-Kahungunu Maori Tribe, including the beneficial owners of the said land, as a meeting place, a building site, a recreation ground, or in any other manner.

(2) It shall be in the power of such trustees to acquire by purchase, lease, or gift, and without confirmation under Part 13 of the principal Act, any other land which it may be thought expedient to acquire for use in conjunction with the said land, and the land when so acquired shall be deemed to be and become part of the Maori reservation created by this section, and be deemed freehold land within the meaning of the principal Act.

(3) The Court may from time to time make such rules as it thinks expedient for the administration and control of the Maori reservation hereby created, and for the proper use thereof, or any part thereof, by any person. Any regulation in force under section 298 of the principal Act shall not (except where such regulations are expressly made so to do) apply to the Maori reservation created under this section.

(4) Notwithstanding anything in the Land Transfer Act 1915, the District Land Registrar may, without payment of fee, issue a certificate of title for the said land to the trustees appointed under this section.

(5) 

• (a) For the purpose of erecting a memorial as aforesaid and accessories and appurtenances thereto on the said land for the improvement of the Maori reservation, and for the management of any gathering or ceremony taking place in connection with the memorial, including the acquisition of furniture and other chattels, there is hereby constituted a committee, to be called the Carroll Memorial Committee, consisting of the President of the Tairawhiti Maori Land Board, the East Coast Commissioner, and Te Hata Tipoki of Wairoa (or if he shall die or be incapable of acting, such other Maori of the Wairoa District as the Minister of Maori Affairs may appoint), and the said committee is hereby empowered to make all arrangements and to do all things necessary for the construction of buildings and for any other purpose specified in this paragraph of this subsection. The said committee shall appoint one of its members as chairman and shall otherwise regulate its own proceedings. The committee shall continue in office until the said memorial and accessories and appurtenances thereto are completed and handed over to the trustees appointed under this section, and until the ceremony taking place in connection with the memorial is concluded.

• (b) For the purpose of making payments in connection with the construction of the memorial and the accessories and appurtenances thereto, and in connection with any ceremony taking place in regard thereto, and for any other purpose which the Carroll Memorial Committee may think expedient, the Tairawhiti District Maori Land Board shall, whenever required so to do by the committee, make payments from money in the Carroll Memorial Fund referred to in the next succeeding subsection. Any payment made by the said Board out of the Carroll Memorial Fund shall be deemed to be a proper payment if made upon the certificate of the committee. Such certificate may be given before or after the payment it refers to.

(6) 

• (a) For the purpose of this section a fund is hereby established to be called the Carroll Memorial Fund (herein called the said fund), to be kept by the Tairawhiti Maori Land Board, and the Board may, subject to the provisions of the last preceding subsection, from time to time expend the money in such fund for the acquisition of land, the improvement of the Maori reservation, the erection, replacement, repair, upkeep, and insurance of buildings, the preparing and paying the upkeep of sports grounds, the expenses of any gathering or ceremony taking place in connection with the memorial, the acquisition of furniture and other chattels, and generally for any purpose in connection with or incidental to the said land as the Board may think proper. The expenditure of money upon the said land or any part thereof in respect of improvements, buildings, or chattels prior to the commencement of this Act shall be deemed to be expenditure duly authorised.

• (b) Any Maori Land Board or East Coast Commissioner, or any local authority, corporate body, company, trustee, or person may contribute to the said fund for the purpose of furthering the objects thereof, and any payment or contributions so made shall be deemed to be a payment lawfully made, anything in any Act to the contrary notwithstanding.

• (c) The assembled owners of any parcel of Maori land, or the committee of any land vested in the East Coast Commissioner, may pass a resolution that such sum as may be indicated shall be paid to the said fund out of any rents or other money which is due or accruing due or payable in the future either in one sum or by instalments. Any resolution heretofore passed for the purpose set forth in this section shall enure for the purposes of this Act as if it had originated under this section, and shall be deemed to have so originated.

• (d) It shall be lawful for a Maori Land Board, the Maori Trustee, or the East Coast Commissioner to make advances out of their respective accounts of the whole or any part of the amounts directed by any resolution passed under the last preceding paragraph in anticipation of the rents or other money to become due or payable, and to charge the money so advanced against the land affected. In the case of a Maori Land Board a memorandum of charge may be executed under section 109 of the principal Act.

(7) When the Carroll Memorial Committee has fulfilled the purposes for which it was constituted the provisions of subsection (5) of this section shall cease to operate, and thereafter all payments out of the said fund shall be made as the regulations prescribe, or, if there are no regulations, on the certificate of 2 or more of the trustees as the Court may authorise. The Tairawhiti Maori Land Board shall not be bound to pay any amount so certified by the trustees, but if any dispute shall arise between the Board and the trustees the matter shall be referred to the Minister of Maori Affairs, whose decision shall be final and shall be acted upon accordingly.