(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:
(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).