Maori Purposes Act 1937

  • Previous title has changed

Reprint
as at 25 October 1956

Coat of Arms of New Zealand

Maori Purposes Act 1937

Public Act1937 No 34
Date of assent15 March 1938
Commencement15 March 1938
  • Act name: amended, on 27 November 1947, pursuant to section 9(1)(b) of the Maori Purposes Act 1947 (1947 No 59).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by Te Puni Kōkiri.


An Act to amend the laws relating to Maori 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

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

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

1 Short Title
  • This Act may be cited as the Maori Purposes Act 1937.

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

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.

    Section 2 heading: amended, on 27 November 1947, pursuant to section 4(1) of the Maori Purposes Act 1947 (1947 No 59).

    Section 2: amended, on 27 November 1947, pursuant to section 4(1) of the Maori Purposes Act 1947 (1947 No 59).

Part 1
Amendment of laws

3 Disposition of timber, flax, etc, upon Maori land
  • [Repealed]

    Section 3: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

4 State Loan Departments not bound to assign unconfirmed mortgages
  • [Repealed]

    Section 4: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

5 Maori reservations
  • [Repealed]

    Section 5: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

6 Special provisions as to Manukorihi Pa, Waitara
  • (1) The provisions of the last preceding section shall apply to the Manukorihi Pa, constituted as a Maori reservation under section 103 of the Maori Purposes Act 1931.

    (2) Amendment(s) incorporated in the Act(s).

    Section 6(1): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

    Section 6(1): amended, on 27 November 1947, pursuant to section 9(1)(b) of the Maori Purposes Act 1947 (1947 No 59).

7 As to moneys collected and disbursed by Registrars on behalf of Māori Trustee
  • [Repealed]

    Section 7: repealed, on 30 September 1952, by section 12 of the Maori Land Amendment Act 1952 (1952 No 9).

8 Land in Maori townships may be revested in owners
  • [Repealed]

    Section 8: repealed, on 1 January 1956, by section 93(1) of the Maori Reserved Land Act 1955 (1955 No 38).

Part 2
Miscellaneous powers

Waikato-Maniapoto District

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 23 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 or 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.

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

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

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

Tairawhiti District

10 Authorising reconsideration of part of Northern Waiapu Consolidation Scheme
  • [Repealed]

    Section 10: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

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, 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 moneys 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 moneys 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 Māori 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 rents or other moneys which are due or accruing due or may become due in the future, either in 1 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 Māori 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 moneys for the purpose, to be paid in anticipation of rents or other moneys to become due or payable, and to charge the moneys 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) Amendment(s) incorporated in the Act(s).

    Section 11 heading: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

    Section 11: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

    Section 11: amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

    Section 11(2): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

    Section 11(3): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

    Section 11(3): amended, on 27 November 1947, pursuant to section 3(2) of the Maori Purposes Act 1947 (1947 No 59).

    Section 11(5): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

    Section 11(6): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

    Section 11(7): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

    Section 11(8): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).

South Island District

[Repealed]

  • Heading: repealed, on 25 October 1956, pursuant to section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

12 Authorising court to vest part of Tuturau No 1 Block in Mataura Borough Council
  • [Repealed]

    Section 12: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

Reserves

[Repealed]

  • Heading: repealed, on 1 January 1956, pursuant to section 93(1) of the Maori Reserved Land Act 1955 (1955 No 38).

13 Palmerston North Reserves validation
  • [Repealed]

    Section 13: repealed, on 12 October 1946, by section 15(1) of the Maori Purposes Act 1946 (1946 No 37).

14 Extending time for making valuations for renewals of leases under the West Coast Settlement Reserves Act 1892
  • [Repealed]

    Section 14: repealed, on 1 January 1956, by section 93(1) of the Maori Reserved Land Act 1955 (1955 No 38).

General

[Repealed]

  • Heading: repealed, on 25 October 1956, pursuant to section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

15 Authorising Māori Trustee to contribute towards cost of memorial to Sir Maui Pomare
  • [Repealed]

    Section 15: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

16 Chief Judge may refer petitions in Schedule to Maori Land Court for report
  • [Repealed]

    Section 16: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).


Schedule
Petitions to be referred to the Maori Land Court, or a Judge or Commissioner thereof

[Repealed]

  • Schedule: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Maori Purposes Act 1937. The reprint incorporates all the amendments to the Act as at 25 October 1956, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)