Maori Purposes Act 1946

Maori Purposes Act 1946

Public Act1946 No 37
Date of assent12 October 1946

Contents

Title

3  [Repealed]

4  [Repealed]

5  [Repealed]

6  [Repealed]

7  [Repealed]

9  [Repealed]

10  [Repealed]

11  [Repealed]

12  [Repealed]

13  [Repealed]

14  [Repealed]

15  [Repealed]

17  [Repealed]

18  [Repealed]

Schedule

[Repealed]


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 for other purposes

1 Short Title
  • This Act may be cited as the Maori Purposes Act 1946.

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  • [Repealed]

    Sections 3 to 5 were repealed by section 473(1) of the Maori Affairs Act 1953.

4
  • [Repealed]

    Sections 3 to 5 were repealed by section 473(1) of the Maori Affairs Act 1953.

5
  • [Repealed]

    Sections 3 to 5 were repealed by section 473(1) of the Maori Affairs Act 1953.

6
  • [Repealed]

    Section 6 was repealed by section 20(5) of the Maori Purposes Act 1948.

7
  • [Repealed]

    Section 7 was repealed by section 53(1) of the Maori Trustee Act 1953.

8 Amending provisions relating to Taupo waters
  • (1) This subsection amended s 14(4)(c) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 as from the commencement thereof.

    (2) If any person who has any estate or interest in any land over which a right of way is reserved under paragraph (b) of subsection (4) of section 14 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926, suffers or has suffered since the date of the passing of that Act any loss by reason of his having been deprived of the right to let for camping sites or for fishing purposes any part of that land, he shall be entitled to compensation for that loss or damage and, subject to the provisions of this section, may make a claim therefor in all respects as if the claim were authorised by the said section 14.

    (3) Notwithstanding anything contained in paragraph (d) of subsection (4) of section 14 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926, any claim for compensation made under the last preceding subsection may, if the Proclamation in respect of which the claim arises has been published before the date of the passing of this Act, be made and lodged within 6 months from that date.

    (4) The successor in title of any person who would have been entitled to claim compensation if this section had been in force shall have the same rights in respect of that compensation as his predecessor in title would have had.

    (5) The provisions of this section shall, so far as they are applicable and with the necessary modifications, apply to any person who has commenced a claim for compensation under the said section 14 before the passing of this Act.

9
  • [Repealed]

    Section 9 was repealed by section 473(1) of the Maori Affairs Act 1953.

Part 2
Miscellaneous powers

10
  • [Repealed]

    Sections 10 to 14 were repealed by section 6(1) of the Maori Purposes Act 1956.

11
  • [Repealed]

    Sections 10 to 14 were repealed by section 6(1) of the Maori Purposes Act 1956.

12
  • [Repealed]

    Sections 10 to 14 were repealed by section 6(1) of the Maori Purposes Act 1956.

13
  • [Repealed]

    Sections 10 to 14 were repealed by section 6(1) of the Maori Purposes Act 1956.

14
  • [Repealed]

    Sections 10 to 14 were repealed by section 6(1) of the Maori Purposes Act 1956.

15
  • [Repealed]

    Section 15 was repealed by section 93(1) of the Maori Reserved Land Act 1955.

16 Further provisions in respect of Pukepuke Tangiora Estate
  • (1) In addition to the powers conferred on them by section 17 of the Maori Purposes Act 1943, the trustees in the estate of Pukepuke Tangiora, deceased, notwithstanding any of the provisions in that section or in the will of the said deceased, may do all or any of the following things:

    • (a) Expend out of the capital money of the estate a sum not exceeding £300 for the purpose of defraying the costs and expenses of any ceremony held in relation to the unveiling of a memorial to Pukepuke Tangiora, deceased:

    • (b) Expend out of the capital money of the estate a sum not exceeding £2,000 for the purpose of erecting a house for the use and benefit of Peti Mohi (the widow of Te Akonga Mohi) and her children:

    • (c) Sell and transfer to Merehinetaka Hape (a daughter of the said Te Akonga Mohi), at a price equivalent to the amount of a special valuation thereof to be made for the purposes of this section under the Valuation of Land Act 1925, all that parcel of land containing 3 acres 2 roods 3 perches, more or less, being the land known as Kakiraawa No 2B 2M Block, and being the whole of the land comprised and described in certificate of title, Volume 48, folio 172, Hawke's Bay Registry, and charge the purchase price of the said land against the share of the said Merehinetaka Hape in the fund referred to in the said will as the accumulated fund.

    (2) The house in respect of which the trustees are authorised by the provisions of paragraph (b) of the last preceding subsection to expend capital money may be erected on land owned by any of the children of the said Peti Mohi, but in such case the said Peti Mohi shall be entitled during her lifetime to the use and enjoyment of the house so to be erected in common with such of her children as may from time to time live with her. Any money expended by the trustees in or towards the erection of such house shall cease to form part of the capital of the estate.

    (3) Upon the commencement of this Act, the persons referred to in the said will as Tikouru Hunia and Turuhira Hunia shall be deemed to be absolutely entitled, in equal shares, to the fund of £2,000 referred to in the will of Pukepuke Tangiora, deceased, and in subsection (6) of section 17 of the Maori Purposes Act 1943, and the provisions of the said will and of the said subsection (6) are hereby modified accordingly.

    (4) Notwithstanding any provisions to the contrary contained in the will of the said Pukepuke Tangiora, deceased, such of the children of Pimia Orikena, deceased, or the issue of those children as are, on the commencement of this Act, entitled to receive the income derived from a certain fund of £3,000 referred to in the said will shall, upon the commencement of this Act, be deemed to be absolutely entitled to the said fund of £3,000 in the same shares in which they are entitled to the income aforesaid, and the provisions of the said will are hereby modified accordingly.

    (5) The money to which the persons mentioned in the last 2 preceding subsections become absolutely entitled by virtue of the provisions thereof shall not, unless the trustees otherwise determine, be paid to them, but shall be applied by the trustees, in such manner as they think fit, in or towards the purchase or erection or repair of houses for such persons; and none of those persons shall be capable of making, otherwise than in favour of the Crown, any assignment, charge, or other disposition of the money to which he becomes entitled as aforesaid.

    (6) The parcel of land referred to in paragraph (c) of subsection (1) hereof, and all that parcel of land containing 5 acres, more or less, being part of the Kakiraawa Block and being Lot Number 1 on a plan deposited in the Land Registry Office at Napier under Number 2263, and being the whole of the land comprised and described in certificate of title, Volume 32, folio 219, Hawke's Bay Registry, are hereby declared to be Maori freehold land; and the District Land Registrar is hereby authorised and empowered to endorse on the titles to those lands a memorial to the effect that the land is Maori freehold land within the meaning of the principal Act. The said lands shall cease to be Maori freehold land upon being transferred to any person who is not a Maori or the descendant of a Maori.

17
  • [Repealed]

    Sections 17 and 18 were repealed by section 6(1) of the Maori Purposes Act 1956.

18
  • [Repealed]

    Sections 17 and 18 were repealed by section 6(1) of the Maori Purposes Act 1956.


Schedule

[Repealed]

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