Maori Purposes Act 1947

  • This version was reprinted on 2 June 2016 to make a correction to section 50(5) under section 25(1)(j)(ii) of the Legislation Act 2012.

Reprint as at 1 July 2003

Coat of Arms of New Zealand

Maori Purposes Act 1947

Public Act
 
1947 No 59
Date of assent
 
27 November 1947
Commencement
 
27 November 1947
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.

Contents

Title
1Short Title
2Alteration of term Native to Maori
3Appointment of Minister of Maori Affairs [Repealed]
4Alteration of Short Title of Native Land Act 1931 and consequential amendments [Repealed]
5Alteration of Short Title of Native Trustee Act 1930 and consequential amendments [Repealed]
6Alteration of Short Title of Board of Native Affairs Act 1934–35 and consequential amendment [Repealed]
7Alteration of Short Title of Native Townships Act 1910 [Repealed]
8Alteration of Short Title of Native Housing Act 1935
9General provisions relating to changes in description
10Foregoing provisions not to apply to Cook Islands Act 1915 or Samoa Act 1921
11Provisions of Maori Land Act 1931 to apply to Parts 2, 3, and 4
12Section 23 of Maori Social and Economic Advancement Act 1945 (as to subsidies) amended [Repealed]
13Amendments of section 47 of Maori Social and Economic Advancement Act 1945 authorising persons charged with breach of bylaws to elect summary trial and providing for penalties for breaches of bylaws to be paid into funds of Tribal Committees [Repealed]
14Proceedings may be taken under section 47 of Maori Social and Economic Advancement Act 1945 for an offence against section 41 of that Act [Repealed]
15Appointment of Tribal Executive under Maori Social and Economic Advancement Act 1945 for Rotorua Borough
16Extending power of court to make exchange, partition, and trusteeship orders in respect of land in respect of which a succession order has been made in favour of Europeans [Repealed]
17Court may make order laying off roads or ways over adjoining Crown land [Repealed]
18Lease of Crown land declared to be subject to Part I of Maori Land Amendment Act 1936 may be granted for term exceeding 50 years [Repealed]
19Extending powers of Maori Trustee to act for absentee owners [Repealed]
20Authorising Maori Trustee to expend amount for benefit of Maori from net profits of Maori Trust Office [Repealed]
21Incorporation of owners of Mangatu Nos 1, 3, and 4 Blocks [Repealed]
22Cancellation of deeds of trust and court orders affecting said land [Repealed]
23Property to be held in trust by body corporate for owners [Repealed]
24Equitable owners to be members of body corporate [Repealed]
25Affairs of body corporate to be managed by Committee [Repealed]
26Annual meetings of equitable owners [Repealed]
27Vacation of office by member [Repealed]
28Validity of order of appointment [Repealed]
29Meetings and procedure of Committee [Repealed]
30Powers and functions of Committee [Repealed]
31Certain provisions of principal Act applied to body corporate [Repealed]
32General powers of body corporate [Repealed]
33Body corporate may lease land [Repealed]
34Body corporate may alienate land for school site [Repealed]
35Body corporate may donate funds for certain purposes [Repealed]
36Borrowing powers of body corporate [Repealed]
37Body corporate may aquire land [Repealed]
38As to transfers of interests between equitable owners [Repealed]
39Applications to court to be made by Committee [Repealed]
40Body corporate may acquire shares in companies [Repealed]
41Body corporate may promote and hold shares in timber milling companies [Repealed]
42Bank account [Repealed]
43Accounts and audit [Repealed]
44Travelling expenses [Repealed]
45Appointment of manager and financial adviser [Repealed]
[Repealed]
46Validating certain partitions and roadline orders [Repealed]
[Repealed]
47Authorising Waikato-Maniapoto District Maori Land Board to purchase part of closed street in Otorohanga Town District and lease it to adjoining lessees [Repealed]
[Repealed]
48Increasing penalty for illegal fishing in Lake Rotoaira [Repealed]
49As to the administration of Tikitiki Memorial Park
50Authorising East Coast Commissioner to create a reserve fund, to apportion the same, and to make orders revesting land in equitable owners
51Authorising Ngatiporou Co-operative Dairy Co., Ltd., to contribute to cost of Uepohatu War Memorial Hall [Repealed]
52Authorising Whakarua Park Board to delegate powers to committees
53Section 15 of Maori Purposes Act 1943 amended [Repealed]
[Repealed]
54Extending time for making and hearing of applications under section 15 of Maori Purposes Act 1946 [Repealed]
55Chief Judge may refer petitions in Schedule to court for report [Repealed]
[Repealed]
[Repealed]
Reprint notes

An Act to provide for the alteration of the statutory description of persons belonging to the Maori race from Native to Maori, to make consequential amendments to various enactments relating to the Maori people, to amend the law relating to Maori and 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 1947.

Part 1 Alteration of term Native to Maori

2 Alteration of term Native to Maori

(1)

Except as otherwise provided by this Act, all references to a Native in any Act, regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, or other document whatsoever, shall, unless inconsistent with the context, be hereafter read as references to a Maori.

(2)

Except as otherwise provided by this Act, wherever the term Native appears in any Act, regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, or other document as descriptive of any person, body, corporation, office, purpose, land, building, reserve, or place, that term shall, unless inconsistent with the context of the enactment or document, be hereafter read as the term Maori.

3 Appointment of Minister of Maori Affairs
[Repealed]

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

4 Alteration of Short Title of Native Land Act 1931 and consequential amendments
[Repealed]

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

5 Alteration of Short Title of Native Trustee Act 1930 and consequential amendments
[Repealed]

Section 5: repealed, on 1 April 1954, by section 53(1) of the Maori Trustee Act 1953 (1953 No 95).

6 Alteration of Short Title of Board of Native Affairs Act 1934–35 and consequential amendment
[Repealed]

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

7 Alteration of Short Title of Native Townships Act 1910
[Repealed]

Section 7: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

8 Alteration of Short Title of Native Housing Act 1935

The Native Housing Act 1935 may hereafter be cited as the Maori Housing Act 1935.

9 General provisions relating to changes in description

(1)

The Short Title of—

(a)

every Act passed in amendment of any Act the Short Title of which has been altered by this Act:

(b)

every Native Purposes Act:

(c)

every Native Land Claims Adjustment Act:

(d)

every Native Land Amendment and Native Land Claims Adjustment Act—

shall be deemed to be amended by the substitution of the word “Maori” for the word “Native”, and each of those Acts may hereafter be cited accordingly.

(2)

Where the name of any court, office, Department, functionary, Board, or Corporation has been changed by this Act or by virtue of this Act,—

(a)

all references to any such court, office, Department, functionary, Board, or Corporation in any Act, regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, or other document whatsoever, shall, unless inconsistent with the context, hereafter be read as references to the particular court, office, Department, functionary, Board, or Corporation as it or he will be called after the passing of this Act:

(b)

any such change of name shall not affect any of the rights, powers, jurisdiction, functions, duties, or obligations of any such court, office, Department, functionary, Board, or Corporation.

10 Foregoing provisions not to apply to Cook Islands Act 1915 or Samoa Act 1921

Nothing in the foregoing provisions of this Act shall apply to the Cook Islands Act 1915 or the Samoa Act 1921.

Part 2 Amendment of laws

11 Provisions of Maori Land Act 1931 to apply to Parts 2, 3, and 4

Words and expressions used in Parts 2, 3, and 4 shall, unless the contrary intention appears, have the same meaning as in the Maori Land Act 1931 (in those Parts referred to as the principal Act), and the provisions of the principal Act, so far as applicable, shall extend and apply to the cases hereinafter provided for by this Act in as full and ample a manner as if Parts 2, 3, and 4 had been incorporated with and formed part of the principal Act.

12 Section 23 of Maori Social and Economic Advancement Act 1945 (as to subsidies) amended
[Repealed]

Section 12: repealed, on 1 January 1963, by section 44 of the Maori Community Development Act 1962 (1962 No 133).

13 Amendments of section 47 of Maori Social and Economic Advancement Act 1945 authorising persons charged with breach of bylaws to elect summary trial and providing for penalties for breaches of bylaws to be paid into funds of Tribal Committees
[Repealed]

Section 13: repealed, on 1 January 1963, by section 44 of the Maori Community Development Act 1962 (1962 No 133).

14 Proceedings may be taken under section 47 of Maori Social and Economic Advancement Act 1945 for an offence against section 41 of that Act
[Repealed]

Section 14: repealed, on 1 January 1963, by section 44 of the Maori Community Development Act 1962 (1962 No 133).

15 Appointment of Tribal Executive under Maori Social and Economic Advancement Act 1945 for Rotorua Borough

(1)

[Repealed]

(2)

[Repealed]

(3)

[Repealed]

(4)

[Repealed]

(5)

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

Section 15(1): repealed, on 1 January 1963, by section 44 of the Maori Community Development Act 1962 (1962 No 133).

Section 15(2): repealed, on 1 January 1963, by section 44 of the Maori Community Development Act 1962 (1962 No 133).

Section 15(3): repealed, on 1 January 1963, by section 44 of the Maori Community Development Act 1962 (1962 No 133).

Section 15(4): repealed, on 1 January 1963, by section 44 of the Maori Community Development Act 1962 (1962 No 133).

16 Extending power of court to make exchange, partition, and trusteeship orders in respect of land in respect of which a succession order has been made in favour of Europeans
[Repealed]

Section 16: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

17 Court may make order laying off roads or ways over adjoining Crown land
[Repealed]

Section 17: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

18 Lease of Crown land declared to be subject to Part I of Maori Land Amendment Act 1936 may be granted for term exceeding 50 years
[Repealed]

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

19 Extending powers of Maori Trustee to act for absentee owners
[Repealed]

Section 19: repealed, on 1 April 1954, by section 473(1) of the Maori Affairs Act 1953 (1953 No 94).

20 Authorising Maori Trustee to expend amount for benefit of Maori from net profits of Maori Trust Office
[Repealed]

Section 20: repealed, on 1 April 1954, by section 53(1) of the Maori Trustee Act 1953 (1953 No 95).

Part 3 Incorporation of owners of Mangatu Blocks

Part 3: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

21 Incorporation of owners of Mangatu Nos 1, 3, and 4 Blocks
[Repealed]

Section 21: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

22 Cancellation of deeds of trust and court orders affecting said land
[Repealed]

Section 22: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

23 Property to be held in trust by body corporate for owners
[Repealed]

Section 23: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

24 Equitable owners to be members of body corporate
[Repealed]

Section 24: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

25 Affairs of body corporate to be managed by Committee
[Repealed]

Section 25: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

26 Annual meetings of equitable owners
[Repealed]

Section 26: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

27 Vacation of office by member
[Repealed]

Section 27: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

28 Validity of order of appointment
[Repealed]

Section 28: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

29 Meetings and procedure of Committee
[Repealed]

Section 29: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

30 Powers and functions of Committee
[Repealed]

Section 30: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

31 Certain provisions of principal Act applied to body corporate
[Repealed]

Section 31: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

32 General powers of body corporate
[Repealed]

Section 32: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

33 Body corporate may lease land
[Repealed]

Section 33: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

34 Body corporate may alienate land for school site
[Repealed]

Section 34: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

35 Body corporate may donate funds for certain purposes
[Repealed]

Section 35: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

36 Borrowing powers of body corporate
[Repealed]

Section 36: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

37 Body corporate may aquire land
[Repealed]

Section 37: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

38 As to transfers of interests between equitable owners
[Repealed]

Section 38: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

39 Applications to court to be made by Committee
[Repealed]

Section 39: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

40 Body corporate may acquire shares in companies
[Repealed]

Section 40: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

41 Body corporate may promote and hold shares in timber milling companies
[Repealed]

Section 41: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

42 Bank account
[Repealed]

Section 42: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

43 Accounts and audit
[Repealed]

Section 43: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

44 Travelling expenses
[Repealed]

Section 44: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

45 Appointment of manager and financial adviser
[Repealed]

Section 45: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

Part 4 Miscellaneous powers

Waiariki District[Repealed]

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

46 Validating certain partitions and roadline orders
[Repealed]

Section 46: 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 1 January 1956, pursuant to section 93(1) of the Maori Reserved Land Act 1955 (1955 No 38).

47 Authorising Waikato-Maniapoto District Maori Land Board to purchase part of closed street in Otorohanga Town District and lease it to adjoining lessees
[Repealed]

Section 47: repealed, on 1 January 1956, by section 93(1) of the Maori Reserved Land Act 1955 (1955 No 38).

Aotea District[Repealed]

Heading: repealed, on 1 November 1959, pursuant to section 16(b) of the Maori Purposes Act 1959 (1959 No 90).

48 Increasing penalty for illegal fishing in Lake Rotoaira
[Repealed]

Section 48: repealed, on 1 November 1959, by section 16(b) of the Maori Purposes Act 1959 (1959 No 90).

Tairawhiti District

49 As to the administration of Tikitiki Memorial Park

Whereas the parcel of Maori land described in subsection (14) has been set aside for the purpose of a sports ground:

And whereas it is desired to make provision for the administration and management thereof:

Be it therefore enacted as follows:

(1)

The court shall have and be deemed to have had power to make an order vesting the land described in subsection (14) in trust for the purposes of a park and recreation ground in the persons named in the order as trustees.

(2)

The court may make an order incorporating the said trustees, and thereupon the trustees and their successors in office shall be deemed to be incorporated as a Board under the name of the “Tikitiki Memorial Park Board”.

(3)

The Board incorporated under this section shall have perpetual succession and a common seal, and may acquire and hold real and personal property of whatsoever nature, sue and be sued in all proceedings, criminal or civil, and do and suffer all that corporate bodies may do and suffer.

(4)

All property, real or personal, held by the Board shall be deemed to be vested in the Board upon and subject to all trusts, powers, and equities affecting the same.

(5)

With respect to the alienation of land to which this section relates the following provisions shall apply:

(a)

the Board shall have the same power of alienating land so vested in it as is conferred by the principal Act upon a Maori owning Maori land in severalty:

(b)

every such alienation shall require confirmation by the court in the same cases and in the same manner as if it were an alienation by a Maori owning land in severalty:

(c)

every instrument of alienation shall be under the seal of the Board, attested by not less than 3 of the trustees for the time being constituting the Board.

(d)
[Repealed]

(6)

The court may from time to time, on the application of any person claiming to be interested, by order appoint a new trustee or trustees, either in substitution for, or in addition to, any existing trustees, and whether or not there is any existing trustee at the time of the making of the order.

(7)

All the powers and functions of the Board shall be exercised on its behalf by a majority of the trustees for the time being.

(8)

A contract made by the Board other than an alienation of land need not be under seal, but may be made in the same manner as the like contract made between individuals.

(9)

The Board may from time to time delegate any of its powers and functions (except the power to alienate land and the power of delegation contained in this subsection) to 1 or more committees consisting of such persons, whether trustees or not, as the Board may from time to time appoint.

(10)

All acts or deeds of any person acting bona fide as a trustee shall be valid notwithstanding any defect that may afterwards be found in his appointment, and the signature of any person purporting to act as a trustee shall be prima facie evidence of his being a trustee.

(11)

All land vested in the Board shall be held upon such trusts as the court shall from time to time by order determine.

(12)

All land vested in the Board shall, when so vested, be deemed to be Maori land within the meaning of the principal Act.

(13)

All land vested in the Board shall be exempt from the provisions of the Local Government (Rating) Act 2002 and shall not be liable to be rated thereunder.

(14)

The land referred to in subsection (1) is particularly described as follows:

All that land situated in Block VI, Waiapu Survey District, containing 15 acres 1 rood and 26 perches, more or less, called or known as Tikitiki A 20 (Matakupenga Sports Ground) Block, and being the whole of the land comprised in an order of the court on consolidation made on 8 November 1940.

Section 49(5)(d): repealed, on 11 November 1964, by section 14(c) of the Maori Purposes Act 1964 (1964 No 46).

Section 49(13): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

50 Authorising East Coast Commissioner to create a reserve fund, to apportion the same, and to make orders revesting land in equitable owners

(1)

The East Coast Commissioner appointed under Part 4 of the Maori Purposes Act 1931 is hereby authorised and empowered, and shall be deemed at all times since 30 June 1939 to have been authorised and empowered, to create and maintain, in the manner adopted by the Commissioner in accumulating moneys in the account known as the Bad Debts Reserves Account prior to that date, or in such other manner as the Minister may approve, a reserve fund, which shall hereafter be known as the General Reserve, and to add annually to the General Reserve such sum or sums as the Minister shall approve.

(2)

Not later than 31 October 1948 and not later than 31 October in each year thereafter, the East Coast Commissioner shall make application to the Chief Judge for an apportionment of the moneys accumulated in the General Reserve at the end of the immediately preceding financial year, and the Chief Judge shall as soon as may be after the receipt of the application appoint a special sitting of the Appellate Court at Gisborne to consider the application.

(3)

The Appellate Court is hereby authorised and empowered to make an order or orders requiring the East Coast Commissioner to transfer from the moneys accumulated in the General Reserve such sums as it thinks fit to the credit of such accounts as that court shall consider necessary for the purpose of adjusting or apportioning the rights and liabilities among the various blocks which now are or have at any time been vested in the said Commissioner.

(4)

If the Appellate Court, when dealing with an application under this section, is satisfied that the financial position in respect of any block or blocks of land vested in the East Coast Commissioner is such that any such block or blocks ought to be revested in the equitable owners thereof and that the revesting would not prejudicially affect the financial position in respect of any other land which may remain vested in the East Coast Commissioner, the said court may, notwithstanding anything to the contrary in any other enactment, make an order or orders revesting any such block or blocks in the beneficiaries ascertained by the Maori Land Court to be entitled thereto and, upon any such order taking effect, the East Coast Commissioner shall be discharged of his trust in respect of the block or blocks.

(5)

By the same or any subsequent order the Appellate Court shall apportion, as between the block of land affected by its order and any other blocks of land vested in the East Coast Commissioner, all rights, obligations, or liabilities arising from any lease, licence, mortgage, or charge or in any other manner whatsoever to which the said block so affected is subject at the date of the making of the order revesting the said block.

(6)

No order made under the provisions of subsections (4) or (5) shall have any force or effect unless and until the Minister has signified in writing his approval thereof.

51 Authorising Ngatiporou Co-operative Dairy Co., Ltd., to contribute to cost of Uepohatu War Memorial Hall
[Repealed]

Section 51: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

52 Authorising Whakarua Park Board to delegate powers to committees

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

53 Section 15 of Maori Purposes Act 1943 amended
[Repealed]

Section 53: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

Ikaroa District[Repealed]

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

54 Extending time for making and hearing of applications under section 15 of Maori Purposes Act 1946
[Repealed]

Section 54: repealed, on 1 January 1956, by section 93(1) of the Maori Reserved Land Act 1955 (1955 No 38).

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

Section 55: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

Schedule 1

[Repealed]

Schedule 1: repealed, on 1 April 1954, by section 23(4) of the Maori Purposes Act 1953 (1953 No 112).

Schedule 2 Petitions to be referred to the Maori Land Court, or a Judge thereof

[Repealed]

Schedule 2: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

Contents
  • 1

    General

  • 2

    Status of reprints

  • 3

    How reprints are prepared

  • 4

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

  • 5

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

Notes
1 General

This is a reprint of the Maori Purposes Act 1947. The reprint incorporates all the amendments to the Act as at 1 July 2003, 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)

Local Government (Rating) Act 2002 (2002 No 6): section 137(1)

Maori Purposes Act 1964 (1964 No 46): section 14(c)

Maori Community Development Act 1962 (1962 No 133): section 44

Maori Purposes Act 1959 (1959 No 90): section 16(b)

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

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

Maori Purposes Act 1953 (1953 No 112): section 23(4)

Maori Trustee Act 1953 (1953 No 95): section 53(1)

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