Maori Purposes Act 1943

  • Previous title has changed

Reprint
as at 16 September 2011

Coat of Arms of New Zealand

Maori Purposes Act 1943

Public Act1943 No 24
Date of assent26 August 1943
Commencement26 August 1943
  • 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 administered by Te Puni Kōkiri.


Contents

Title

1 Short Title

2 Provisions of Maori Land Act 1931 to apply to this Act

Part 1
Amendment of laws

[Repealed]

3 Succession to interests of Europeans in Maori lands [Repealed]

4 Maori Land Board may enforce covenants of lease [Repealed]

5 Acquisition of Maori land by Crown for Maori purposes [Repealed]

6 Prevention of waste on Maori land [Repealed]

7 Land not required for public works may be vested in Maori [Repealed]

8 Trusts may be declared for Maori-owned land [Repealed]

9 Trusts may be declared for Crown land reserved for benefit of Maori [Repealed]

10 Land development charges to be deductible for land tax purposes [Repealed]

Part 2
Miscellaneous powers

Tokerau District

[Repealed]

11 Validating inclusion of railway land in Motatau 4H 1 and 4H 6A titles [Repealed]

12 Authorising court to grant administration of estate of James Cope [Repealed]

Waikato-Maniapoto District

[Repealed]

13 Cancelling reservation over Section 168, Suburbs of Ngaruawahia North [Repealed]

Waiariki District

[Repealed]

14 Reserves in Rotorua for Ngati-Rangiwewehi and Ngati-Uenukukopako [Repealed]

Tairawhiti District

[Repealed]

15 Authorising limited readjustment of shares in Paremata Nos 3, 4, 64, 73, and 73A Blocks [Repealed]

Ikaroa District

16 Authorising inquiry into claim to estate of Hoera Mei Maihi, deceasd [Repealed]

17 Estate of Pukepuke Tangiora, deceased

General

[Repealed]

18 Authorising court to extend duration of timber licences affecting Maori land [Repealed]

19 Chief Judge may refer petitions in Schedule to Maori Land Court for report [Repealed]

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

[Repealed]


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 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 4(2) of the Maori Purposes Act 1947 (1947 No 59).

1 Short Title
  • This Act may be cited as the Maori Purposes Act 1943.

    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

[Repealed]

  • Part 1: repealed, on 6 September 1968 (applying with respect to the tax for the year of assessment that commenced on 1 April 1968, and for every subsequent year), pursuant to section 7(3)(a) of the Land and Income Tax Amendment Act 1968 (1968 No 4).

3 Succession to interests of Europeans in Maori lands
  • [Repealed]

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

4 Maori Land Board may enforce covenants of lease
  • [Repealed]

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

5 Acquisition of Maori land by Crown for Maori purposes
  • [Repealed]

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

6 Prevention of waste on Maori land
  • [Repealed]

    Section 6: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

7 Land not required for public works may be vested in Maori
  • [Repealed]

    Section 7: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

8 Trusts may be declared for Maori-owned land
  • [Repealed]

    Section 8: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

9 Trusts may be declared for Crown land reserved for benefit of Maori
  • [Repealed]

    Section 9: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

10 Land development charges to be deductible for land tax purposes
  • [Repealed]

    Section 10: repealed, on 6 September 1968 (applying with respect to the tax for the year of assessment that commenced on 1 April 1968, and for every subsequent year), by section 7(3)(a) of the Land and Income Tax Amendment Act 1968 (1968 No 4).

Part 2
Miscellaneous powers

Tokerau District

[Repealed]

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

11 Validating inclusion of railway land in Motatau 4H 1 and 4H 6A titles
  • [Repealed]

    Section 11: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

12 Authorising court to grant administration of estate of James Cope
  • [Repealed]

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

Waikato-Maniapoto District

[Repealed]

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

13 Cancelling reservation over Section 168, Suburbs of Ngaruawahia North
  • [Repealed]

    Section 13: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

Waiariki District

[Repealed]

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

14 Reserves in Rotorua for Ngati-Rangiwewehi and Ngati-Uenukukopako
  • [Repealed]

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

Tairawhiti District

[Repealed]

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

15 Authorising limited readjustment of shares in Paremata Nos 3, 4, 64, 73, and 73A Blocks
  • [Repealed]

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

Ikaroa District

16 Authorising inquiry into claim to estate of Hoera Mei Maihi, deceasd
  • [Repealed]

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

17 Estate of Pukepuke Tangiora, deceased
  • To give effect to the recommendation of the Maori Affairs Committee of the House of Representatives upon petition numbered 52 of 1942, of Tahatera Mohi Tomlins and others, concerning the estate of Pukepuke Tangiora, of Pakipaki, deceased, probate of whose will (hereinafter in this section referred to as the will) was granted by the Maori Land Court on 8 December 1936:

    Be it enacted as follows:

    (1) In this section, trustees means the trustees of the estate of Pukepuke Tangiora referred to in the Māori Purposes Act 2011.

    (2) [Repealed]

    (3) [Repealed]

    (4) [Repealed]

    (5) [Repealed]

    (6) [Repealed]

    (7) For the purpose of providing a residential building site for any beneficiary under the will, the court may from time to time, on the application of the trustees or of a beneficiary, order that any part of the land comprised in the trust estate, including the lands known as Kakiraawa 2B 1 and Kakiraawa 2B 2F, and not for the time being subject to any lease, licence, mortgage, or charge, shall be transferred to such beneficiary upon or subject to such terms and conditions as the court thinks equitable, and upon any land being so transferred it shall be deemed to be freed and discharged from the trust:

    provided that no land comprised in the trust estate shall be so transferred to any beneficiary under the will, not being a child of Te Akonga Mohi or a person presumptively entitled to an absolute interest in the residuary trust estate referred to in the will, save that any part of the aforesaid lands known as Kakiraawa 2B 1 and Kakiraawa 2B 2F may be transferred to any of the persons who are presently entitled to those lands as the joint tenants thereof.

    (8) 

    • (a) For the purpose of providing a home for any of the persons presumptively entitled to the fund referred to in the will as the accumulated fund, the trustees may, to the extent of that person's interest in the accumulated fund, expend any moneys in the fund or the income arising from the investment thereof for the purchase of land, for the erection and repair of houses, and otherwise for the purpose hereinbefore mentioned.

    • (b) The interest of any person entitled as aforesaid to the accumulated fund shall be deemed to be a vested interest and not a contingent interest, but shall not be available for any purpose other than that mentioned in the last preceding paragraph unless the court otherwise orders, and the person owning that interest shall not be capable of making any assignment, charge, or any other disposition whatsoever of that interest otherwise than in favour of the Crown.

    (9) Out of the income of the estate the court may from time to time appoint to the widow of Te Akonga Mohi for life or during her widowhood such an annual sum as the court thinks necessary for her proper maintenance and support.

    (10) In respect of the annuity payable to any of the life tenants of the residuary trust estate under the will or to the widow of Te Akonga Mohi, the trustees shall, notwithstanding anything contained in any Act or any rule of law, pay to the annuitant such a sum as will, as nearly as may be, produce, after the deduction therefrom of any tax or other charge thereon, a sum equal to the full amount of the annuity.

    (11) Notwithstanding anything contained in the principal Act, or in any other Act, or in the will, any beneficiary under the will may give in favour of the Crown an order on or an assignment of the whole or any part of the annuity payable to him.

    (12) The trustees may lease any lands comprised in the trust estate, whether to the beneficiaries under the will or to any other persons, for such terms and subject to such conditions as they think fit, but so that the term of any such lease (including any term or terms of renewal to which the lessee may be entitled) shall not be greater than 21 years; and the trustees may, upon or subject to such conditions as they think fit, permit any of the beneficiaries to occupy any part or parts of lands aforesaid and carry on any agricultural, pastoral, or other business thereon.

    (13) To the extent that the provisions of this section are repugnant to the provisions of the will, the provisions of this section shall prevail over and supersede the provisions of the will, but otherwise the powers and authorities conferred by this section are in addition to the powers and authorities conferred by the will.

    Section 17: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

    Section 17: amended, on 27 November 1947, pursuant to section 4(2) of the Maori Purposes Act 1947 (1947 No 59).

    Section 17(1): replaced, on 16 September 2011, by section 7(2) of the Māori Purposes Act 2011 (2011 No 73).

    Section 17(2): repealed, on 16 September 2011, by section 7(2) of the Māori Purposes Act 2011 (2011 No 73).

    Section 17(3): repealed, on 16 September 2011, by section 7(2) of the Māori Purposes Act 2011 (2011 No 73).

    Section 17(4): repealed, on 16 September 2011, by section 7(2) of the Māori Purposes Act 2011 (2011 No 73).

    Section 17(5): repealed, on 16 September 2011, by section 7(2) of the Māori Purposes Act 2011 (2011 No 73).

    Section 17(6): repealed, on 16 September 2011, by section 7(2) of the Māori Purposes Act 2011 (2011 No 73).

General

[Repealed]

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

18 Authorising court to extend duration of timber licences affecting Maori land
  • [Repealed]

    Section 18: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

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

    Section 19: 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 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 1943. The reprint incorporates all the amendments to the Act as at 16 September 2011, 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)
  • Māori Purposes Act 2011 (2011 No 73): section 7

    Land and Income Tax Amendment Act 1968 (1968 No 4): section 7(3)(a)

    Maori Purposes Act 1956 (1956 No 43): section 6(1)

    Maori Reserved Land Act 1955 (1955 No 38): section 93(1)

    Maori Affairs Act 1953 (1953 No 94): section 473(1)

    Maori Purposes Act 1947 (1947 No 59): sections 2, 4, 9(1)(b)