Maori Purposes Act 1937

Maori Purposes Act 1937

Public Act1937 No 34
Date of assent15 March 1938

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 1937.

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  • [Repealed]

    Sections 3 to 5 were repealed by section 473(1) Maori Affairs Act 1953.

4
  • [Repealed]

    Sections 3 to 5 were repealed by section 473(1) Maori Affairs Act 1953.

5
  • [Repealed]

    Sections 3 to 5 were repealed by section 473(1) Maori Affairs Act 1953.

6 Special provisions as to Manukorihi Pa, Waitara
7
  • [Repealed]

    Section 7 was repealed by section 12 of the Maori Land Amendment Act 1952.

8
  • [Repealed]

    Section 8 was repealed by section 93(1) of the Maori Reserved Land Act 1955.

Part 2
Miscellaneous powers

9 Lands affected by will of Tuwhakaririka Poutama may be developed by Board of Maori Affairs
  • Notwithstanding any restraint upon or restriction against sale, encumbrance, or leasing contained in the will of Tuwhakaririka Poutama, deceased, late of Te Kuiti, in the Provincial District of Auckland, probate of which was granted by the Maori Land Court on the 23rd day of October 1935, no gift or devise of any land, or interest therein, under the said will shall be defeated or in any way prejudicially affected by reason of any such land, or any part of parts thereof, being declared to be subject to Part 1 of the Maori Land Amendment Act 1936 (hereinafter in this section referred to as the said Part 1), or by reason of its being developed under the provisions of the said Part 1 out of funds provided for the purpose, and whether any such land is declared to be subject to the said Part 1 or is developed thereunder with the consent or agreement of the donees or devisees or otherwise. Any charge imposed on any such land pursuant to the said Part 1 may be enforced in manner provided by the said Part 1.

10
  • [Repealed]

    Section 10 was repealed by section 6(1) Maori Purposes Act 1956.

11 Enabling portions of Hinewhaki West (or No 2) Block to be set aside as a Maori reservation
  • Whereas the beneficial owners of the lands situate in the Tairawhiti Maori Land Court District, containing in the aggregate 3 acres 2 roods and 9 perches, more or less, and known as Hinewhaki West (or Number 2), Sections 29, 30, and 31 (hereinafter in this section referred to as the said lands), are desirous that the said lands should be set apart as a Maori reservation: Be it therefore enacted as follows:

    (1) Upon the recommendation of the Court, the Governor-General may, by Order in Council, set apart and reserve the said lands or any of them or any part or parts thereof for the common use of the persons comprising the Wairoa section of the Ngatikahungunu Maori Tribe as a meeting place, building site, recreation ground, sports ground, or in any other manner that may be for their use and benefit.

    (2) Any lands so set apart and reserved shall be known as the Taihoa Marae or by such other name as the Court may, from time to time, prescribe, and shall be deemed to be a Maori reservation within the meaning of section 5 of this Act, and the provisions of that section shall, so far as applicable and with the necessary modifications, extend and apply thereto.

    (3) The trustees appointed to administer the said Maori reservation shall have a seal in a form to be approved by the Minister of Maori Affairs. The seal shall not be affixed to any instrument except by the authority of a resolution passed by the trustees assembled together in a meeting, and in the presence of 2 trustees for the time being in office, who shall also sign the instrument.

    (4) Any instrument in writing requiring to be executed by the trustees may be signed and sealed as aforesaid, and any instrument purporting to have been executed in accordance with the provisions of this section shall, in the absence of proof to the contrary, for all purposes be deemed to have been duly executed.

    (5) For the purposes of this section there is hereby established a fund to be called the Taihoa Marae Fund (hereinafter in this section referred to as the fund), which shall be kept by the Tairawhiti District Maori Land Board. The Board may, from time to time, expend the money in the fund for the payment of any purchase money or compensation for other land acquired by the trustees, for the improvement of the Maori reservation, for the erection, replacement, repair, upkeep, and insurance of buildings and appurtenances upon the reservation, for the fencing, preparation, improvement, maintenance, and care of sports grounds, for the expenses of any gathering or ceremony taking place in connection with the said reservation, for the acquisition of any furniture, tools, sports or game requisites, or other chattels, and generally for any purpose in connection with or incidental to the said reservation as the Board may think proper. The expenditure of money upon or in respect of the said lands or any part thereof in respect of improvements, buildings, or otherwise before the passing of this Act shall be deemed to be expenditure duly authorised under this section.

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

    (7) 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 specified shall be paid to the fund out of any rent or other money which is due or accruing due or may become due 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 section as if it had originated thereunder, and shall be deemed to have so originated.

    (8) 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 subsection, or by any order of the Court setting aside any rents or other money for the purpose, to be paid in anticipation of 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, the Board is hereby authorised to execute, in respect of any such advance, a memorandum of charge in accordance with the provisions of section 109 of the principal Act.

    (9) This subsection amended s 11 of the Maori Purposes Act 1936.

12
  • [Repealed]

    Section 12 was repealed by section 6(1) Maori Purposes Act 1956.

13
  • [Repealed]

    Section 13 was repealed by section 15(1) Maori Purposes Act 1946.

14
  • [Repealed]

    Section 14 was repealed by section 93(1) Maori Reserved Land Act 1955.

15
  • [Repealed]

    Sections 15 and 16 were repealed by section 6(1) Maori Purposes Act 1956.

16
  • [Repealed]

    Sections 15 and 16 were repealed by section 6(1) Maori Purposes Act 1956.


Schedule

[Repealed]

  • This Schedule was repealed by section 6(1) Maori Purposes Act 1956.