Maori Purposes Act 1946

  • Previous title has changed

Reprint
as at 25 October 1956

Coat of Arms of New Zealand

Maori Purposes Act 1946

Public Act1946 No 37
Date of assent12 October 1946
Commencement12 October 1946
  • 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 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 1946.

    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 Attestation of will of Maori serviceman
  • [Repealed]

    Section 3: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

4 Time for application for probate of will of Maori serviceman
  • [Repealed]

    Section 4: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

5 Time for application for family maintenance from estate of Maori serviceman
  • [Repealed]

    Section 5: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

6 Provisions relating to Hemi Matenga Trust amended
  • [Repealed]

    Section 6: repealed, on 2 December 1948, by section 20(5) of the Maori Purposes Act 1948 (1948 No 69).

7 Maori Trustee may expend moneys in provision of Maori hostels
  • [Repealed]

    Section 7: repealed, on 1 April 1954, by section 53(1) of the Maori Trustee Act 1953 (1953 No 95).

8 Amending provisions relating to Taupo waters
  • Amendment(s) incorporated in the Act(s).

9 Provisions relating to consent on exchange and consolidation amended
  • [Repealed]

    Section 9: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

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).

10 Enabling effect to be given to arrangement for discharge of certain liabilities incurred by Te Kao Maori
  • [Repealed]

    Section 10: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

11 Validating certain leases of parts of Te Karae Block
  • [Repealed]

    Section 11: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

12 Protection of improvements effected on north-western portion of Allotment 84, Waikare Parish
  • [Repealed]

    Section 12: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

13 Assessment of compensation for Part Kopironui B 2 Block
  • [Repealed]

    Section 13: 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).

14 Declaring Ohinemuri 7A 2 and 16A 2 Blocks to have become Crown land
  • [Repealed]

    Section 14: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

Ikaroa District

[Repealed]

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

15 Restoring former equitable title to Palmerston North Maori Reserve
  • [Repealed]

    Section 15: repealed, on 1 January 1956, by section 93(1) of the Maori Reserved Land Act 1955 (1955 No 38).

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 moneys of the estate a sum not exceeding 300 pounds 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 moneys of the estate a sum not exceeding 2,000 pounds 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 moneys 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 moneys 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 pounds 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 pounds 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 pounds 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 moneys 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 moneys to which he becomes entitled as aforesaid.

    (6) The parcel of land referred to in paragraph (c) of subsection (1), 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.

    Section 16(1): amended, on 27 November 1947, pursuant to section 9(1)(b) of the Maori Purposes Act 1947 (1947 No 59).

    Section 16(3): amended, on 27 November 1947, pursuant to section 9(1)(b) of the Maori Purposes Act 1947 (1947 No 59).

    Section 16(6): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

17 Declaring Part Section 88, Karere Block, to have been Maori freehold land
  • [Repealed]

    Section 17: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

General

[Repealed]

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

18 Chief Judge may refer petitions in Schedule to court for report
  • [Repealed]

    Section 18: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).


[Repealed]

Schedule

  • 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 1946. 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)