Maori Purposes Act 1948

Reprint
as at 11 November 1964

Coat of Arms of New Zealand

Maori Purposes Act 1948

Public Act1948 No 69
Date of assent2 December 1948
Commencement2 December 1948

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

1 Short Title

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

Part 1
Amendment of laws

[Repealed]

3 Public Service Commission to consent to appointment of farm managers [Repealed]

4 Court to determine successors to Ngaitahu beneficiaries [Repealed]

5 Amending definition of Ngaitahu beneficiary [Repealed]

6 Member of Executive Council representing Maori Race to be member of Board of Maori Affairs [Repealed]

7 Powers of Tribal Executive may be conferred on Tribal Committees [Repealed]

8 Money of Tribal Executive or Tribal Committee may be deposited with Maori Land Board [Repealed]

Part 2
Miscellaneous powers

Waiariki district

[Repealed]

9 Maori Trustee and Waiariki District Maori Land Board authorised to contribute to cost of guest house in Rotorua [Repealed]

10 Court may hear and determine application for grant of probate of will of Maea Rakapurua [Repealed]

Waikato–Maniapoto district

[Repealed]

11 Vesting certain Maori land, wrongly assumed to be public road, in His Majesty the King [Repealed]

Aotea district

[Repealed]

12 Conferring powers on Tuwharetoa Trust Board to appoint rangers in respect of Lake Roto-Aira [Repealed]

13 Limited extension of term of leases of vested lands [Repealed]

Tairawhiti district

[Repealed]

14 Tairawhiti District Maori Land Board authorised to make grants to Maoris suffering loss from floods [Repealed]

15 Authorising court to inquire into and make orders relating to title to Lake Waikaremoana [Repealed]

Ikaroa and South Island districts

16 Authorising leasing of Suburban Section 113, Foxton, set aside as reserve

17 Authorising alienation of part of land on Kapiti Island [Repealed]

18 Provisions as to title to Palmerston Maori Reserve [Repealed]

19 Provisions relating to the estate of Pukepuke Tangiora, deceased

20 Altering provisions relating to Hemi Matenga trust

General

[Repealed]

21 Validation of payment by Maori Trustee in respect of translation of the Bible into the Maori language [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 1948.

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

[Repealed]

  • Part 1: repealed, on 1 January 1963, pursuant to section 44 of the Maori Community Development Act 1962 (1962 No 133).

3 Public Service Commission to consent to appointment of farm managers
  • [Repealed]

    Section 3: repealed, on 1 April 1954, by section 53(1) of the Māori Trustee Act 1953 (1953 No 95).

4 Court to determine successors to Ngaitahu beneficiaries
  • [Repealed]

    Section 4: repealed, on 1 January 1956, by section 57(1) of the Maori Trust Boards Act 1955 (1955 No 37).

5 Amending definition of Ngaitahu beneficiary
  • [Repealed]

    Section 5: repealed, on 1 January 1956, by section 57(1) of the Maori Trust Boards Act 1955 (1955 No 37).

6 Member of Executive Council representing Maori Race to be member of Board of Maori Affairs
  • [Repealed]

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

7 Powers of Tribal Executive may be conferred on Tribal Committees
  • [Repealed]

    Section 7: repealed, on 1 January 1963, by section 44 of the Maori Community Development Act 1962 (1962 No 133).

8 Money of Tribal Executive or Tribal Committee may be deposited with Maori Land Board
  • [Repealed]

    Section 8: repealed, on 1 January 1963, by section 44 of the Maori Community Development Act 1962 (1962 No 133).

Part 2
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).

9 Maori Trustee and Waiariki District Maori Land Board authorised to contribute to cost of guest house in Rotorua
  • [Repealed]

    Section 9: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

10 Court may hear and determine application for grant of probate of will of Maea Rakapurua
  • [Repealed]

    Section 10: 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).

11 Vesting certain Maori land, wrongly assumed to be public road, in His Majesty the King
  • [Repealed]

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

Aotea district

[Repealed]

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

12 Conferring powers on Tuwharetoa Trust Board to appoint rangers in respect of Lake Roto-Aira
  • [Repealed]

    Section 12: repealed, on 1 November 1959, by section 16(c) of the Maori Purposes Act 1959 (1959 No 90).

13 Limited extension of term of leases of vested lands
  • [Repealed]

    Section 13: repealed, on 29 September 1954, by section 77 of the Maori Vested Lands Administration Act 1954 (1954 No 60).

Tairawhiti district

[Repealed]

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

14 Tairawhiti District Maori Land Board authorised to make grants to Maoris suffering loss from floods
  • [Repealed]

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

15 Authorising court to inquire into and make orders relating to title to Lake Waikaremoana
  • [Repealed]

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

Ikaroa and South Island districts

16 Authorising leasing of Suburban Section 113, Foxton, set aside as reserve
  • (1) Notwithstanding the provisions of section 20 of the Maori Purposes Act 1933, the trustees for the time being appointed by the court pursuant to the said section to hold and administer the land known as Suburban Section 113 of the Township of Foxton (or Whakawehe Block) are hereby empowered to alienate the said land or any part or parts thereof by way of lease (but not otherwise) for any term not exceeding 21 years.

    (2) 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.

    (3) Every instrument of alienation shall be in writing signed by not less than 2 trustees.

    (4) [Repealed]

    Section 16(4): repealed, on 11 November 1964, by section 14(d) of the Maori Purposes Act 1964 (1964 No 46).

17 Authorising alienation of part of land on Kapiti Island
  • [Repealed]

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

18 Provisions as to title to Palmerston Maori Reserve
  • [Repealed]

    Section 18: repealed, on 6 December 1951, by section 39(12) of the Maori Purposes Act 1951 (1951 No 75).

19 Provisions relating to the estate of Pukepuke Tangiora, deceased
  • In addition to the powers conferred upon them by section 17 of the Maori Purposes Act 1943 and section 16 of the Maori Purposes Act 1946, the trustees in the estate of Pukepuke Tangiora, deceased, notwithstanding any of the provisions in the said enactments or in the will of the said deceased, may, to the extent of that person's interest in the fund referred to in the said will as the accumulated fund, expend, on behalf of any person presumptively entitled to a share of the said accumulated fund, any moneys in the fund or the income arising from the investment thereof for the purpose of purchasing live or dead stock for farming purposes and also for farm maintenance, legal expenses, and other expenses incidental to farming.

20 Altering provisions relating to Hemi Matenga trust
  • Whereas Hemi Matenga, late of Wakapuaka, near the City of Nelson, died on or about 26 April 1912, leaving a will bearing date 22 November 1911, probate whereof was granted by the Maori Land Court at Wellington on 15 July 1912:

    And whereas by his said will the said Hemi Matenga gave, devised, and bequeathed all his real and personal estate not otherwise disposed of by his will unto his trustees upon trust to sell, call in, and convert the same into money, and when invested to pay certain moneys out of the resulting income and to accumulate the residue of the income by investing the same and the resulting income thereof to the intent that the accumulations should be added to the capital of his residuary trust fund and follow the destination thereof; and after the death of the survivor of Metapere Ropata, Winara Parata, Hira Parata, Mahia Parata, and Utauta Webber he directed that his trustees should pay to the New Zealand Maori Mission Board the sum of 1,000 pounds, and should pay and divide the residue of his residuary trust fund unto and among such of George Ropata, Ngamoana, Herehere, Te, and Pahia (children of the said Metapere Ropata), Paioke, Raw, Hauangi, and Tata (children of the said Winara Parata), Tohuroa (child of the said Hira Parata), Tukumaru, Rarangi, Smike, and Narona (children of the said Utauta Webber), and the 2 other children of the said Utauta Webber as should be living at the death of the said survivor in equal shares:

    And whereas of the said Metapere Ropata, Winara Parata, Hira Parata, Mahia Parata, and Utauta Webber, the said Utauta Webber alone is now living:

    And whereas the persons contingently entitled to share in the residue of the residuary trust fund are desirous that if, prior to the death of the said survivor, any person so contingently entitled shall have died, whether before or after the passing of this Act, leaving issue who are living at the death of the said survivor, any such issue should take the share or interest which the person so contingently entitled would have taken had he or she then been living:

    Be it therefore enacted as follows:

    (1) Upon the death of Utauta Webber referred to in the said will (hereinafter in this section referred to as the annuitant) the trustees of the estate of the said Hemi Matenga shall hold the residuary trust fund referred to in the said will upon trust to pay to the New Zealand Maori Mission Board the sum of 1,000 pounds and to pay and divide the residue of the residuary trust fund in equal shares unto and among such of George Ropata, Ngamoana Ropata, Herehere Ropata, Te Ropata, Paioke Parata, Raw Parata, Hauangi Parata, Tata Parata, Tohuroa Parata, Tukumaru Webber, Smike Webber, Rarangi Webber, Narona Webber, and Piki Webber (all of whom are referred to in this section as the contingent residuary beneficiaries) as shall be living at the death of the annuitant:

    providing that should any of the contingent residuary beneficiaries have died prior to the passing of this Act or shall hereafter die prior to the death of the annuitant leaving issue who survive the annuitant, any such issue shall take through all degrees per stirpes the share of the residuary trust fund which any such contingent residuary beneficiary would have taken had he or she survived the annuitant.

    (2) The trusts hereby declared are in substitution for and replacement of the trusts declared by the will of the said Hemi Matenga, deceased.

    (3) This section shall come into force on the date of the death of the said Utauta Webber if any of the contingent residuary beneficiaries are alive at that date, but not otherwise.

    (4) Nothing contained in this section shall in any way prejudice or affect the rights, either vested or contingent, in the estate of the said Hemi Matenga, deceased, of Reuben Stephens or Konehu Bailey, grandchildren of the said Hemi Matenga, or of any person claiming under or through them or either of them.

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

General

[Repealed]

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

21 Validation of payment by Maori Trustee in respect of translation of the Bible into the Maori language
  • [Repealed]

    Section 21: 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 1948. The reprint incorporates all the amendments to the Act as at 11 November 1964, 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)
  • Maori Purposes Act 1964 (1964 No 46): section 14(d)

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

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

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

    Maori Trust Boards Act 1955 (1955 No 37): section 57(1)

    Maori Vested Lands Administration Act 1954 (1954 No 60): section 77

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

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

    Maori Purposes Act 1951 (1951 No 75): section 39(12)