Maori Purposes Act 1954 No 59 (as at 01 July 2009), Public Act

Reprint
as at 1 July 2009

Maori Purposes Act 1954

Public Act1954 No 59
Date of assent29 September 1954

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.


An Act to amend the law relating to Maoris 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 1954.

2 Provisions of Maori Affairs Act 1953 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 Affairs Act 1953 (hereinafter referred to as the principal Act), and the provisions of the principal Act, as far as applicable, shall extend and apply to the cases provided for in 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
  • (1) [Repealed]

    (2) [Repealed]

    (3) Section 32 of the Maori Housing Amendment Act 1938 is hereby repealed.

    Susbsection (1) was repealed by section 10(2) Maori Purposes Act 1965.

    Subsection (2) was repealed by section 15(2) Maori Purposes Act 1961.

Part 2
Miscellaneous powers

4
  • [Repealed]

    Section 4 was repealed by section 6(1) Maori Purposes Act 1956.

5 Ratana Settlement administration
  • (1) Upon application made to it by or on behalf of the Ratana Trust Board constituted under section 14 of the Maori Purposes Act 1941, or upon the application of the Registrar, the Court may make, in respect of the land described in subsection (29) of the said section 14, or in respect of any other land vested in the said Board immediately prior to the commencement of this Act, orders to the following effect—

    • (a) Vesting in a trustee or trustees, upon such trusts as may be declared by the Court, those portions of the said land which, at the commencement of this Act, are used for communal purposes, whether or not church or other buildings are situated thereon:

    • (b) Vesting in trustees, not exceeding 5 in number, such portions of the said land as are suitable for residential purposes upon trust to subdivide and otherwise prepare the land for those purposes, and to dispose of the land in suitable lots or areas for house and business sites:

    • (c) Vesting any residue of the said land in such persons as the Court finds to be beneficially entitled thereto.

    (2) The Court may appoint the Māori Trustee to be a trustee for the purposes of any order made under paragraph (b) of subsection (1) of this section but shall otherwise, in appointing trustees for the purposes of any such order, have regard to any representation made to it in that behalf by or on behalf of the beneficial owners of the land affected by the order.

    (3) Subject to the provisions of this section, every order made under paragraph (a) or paragraph (b) of subsection (1) of this section shall take effect as if it had been made under section 438 of the principal Act, and the provisions of that section shall, as far as they are applicable, and with the necessary modifications, extend and apply to any such order accordingly. Nothing in subsection (1) of this section shall be so construed as to limit the authority of the Court, in making any order under this section, to declare any additional and incidental trusts upon which any trustee or trustees appointed under this section shall hold the trust property or to confer on any such trustee or trustees such powers as the Court deems necessary for the proper administration of that property.

    (4) The trustees appointed under any order made under paragraph (b) of subsection (1) of this section shall, in addition to any powers conferred on them by the Court, or by section 438 of the principal Act, have power—

    • (a) To sell the land by private contract on such terms and conditions as the trustees may think fit; or

    • (b) To grant, in respect of the land, leases renewable in perpetuity on such terms and conditions as the trustees may think fit.

    (5) For the purposes of exercising any powers under paragraph (b) of subsection (4) of this section, the trustees may exercise all the powers conferred on leasing authorities by the Public Bodies Leases Act 1969.

    (6) No alienation of any land for the time being vested in the trustees appointed under paragraph (b) of subsection (1) of this section shall require to be confirmed by the Court.

    (7) In any case where the Māori Trustee is, pursuant to the provisions of subsection (1) of this section, appointed as a trustee, the provisions of section 38 of the Maori Trustee Act 1953 shall extend to enable the Māori Trustee to advance money out of the General Purposes Fund for the purposes of the trust, and the provisions of that section and of section 49 of the said Act shall apply to any money so advanced.

    (8) Section 14 of the Maori Purposes Act 1941, section 48B of the Maori Social and Economic Advancement Act 1945, as inserted by section 5 of the Maori Social and Economic Advancement Amendment Act 1951, and the said section 5 of the Maori Social and Economic Advancement Amendment Act 1951, are hereby repealed.

    (9) The land described in subsection (29) of section 14 of the Maori Purposes Act 1941 is hereby declared to be no longer a tribal district for the purposes of the Maori Social and Economic Advancement Act 1945 and the Tribal Executive of the tribal district abolished by this subsection is hereby dissolved.

    (10) Notwithstanding the repeal by this section of section 14 of the Maori Purposes Act 1941, the Ratana Trust Board shall remain in existence so long as any land which, immediately prior to the commencement of this Act, was vested in the Board has not been vested in any other person pursuant to subsection (1) of this section. Until any land is vested pursuant to subsection (1) of this section it shall remain vested in the Ratana Trust Board, and the Board may exercise with respect to the land which remains so vested in it the same powers and functions that it could have exercised if this Act had not been passed.

    (11) When, by reason of orders made by the Court under subsection (1) of this section, no land remains vested in the said Board, the Court shall make an order dissolving the Board and shall also make such other orders as it thinks necessary for the disposition of any other property remaining vested in the Board immediately before its dissolution.

    (12) Notwithstanding the repeal by this Act of section 14 of the Maori Purposes Act 1941, any lands which, by virtue of the provisions of subsection (23) of that section were, immediately prior to the commencement of this Act, exempt from liability for the payment of any rates levied under the Rating Act 1925, shall continue to be so exempt until the lands are declared by the Governor-General in Council to be no longer exempt. Any declaration under this subsection may relate to part only of the lands exempted from liability as aforesaid.

    Section 5(2): amended, on 1 July 2009, by section 30(1) of the Māori Trustee Amendment Act 2009 (2009 No 12).

    In subsection (5) the Public Bodies Leases Act 1969 has been substituted for the repealed Public Bodies' Leases Act 1908.

    Section 5(7): amended, on 1 July 2009, by section 30(1) of the Māori Trustee Amendment Act 2009 (2009 No 12).

    In subsection (9) the Maori Social and Economic Advancement Act 1945 was repealed and replaced by the Maori Welfare Act 1962, renamed as the Maori Community Development Act 1962.

    In subsection (12) the Rating Act 1925 has been repealed by the Rating Act 1967.

6
  • [Spent]

    Section 6 was repealed by section 6(1) Maori Purposes Act 1956.

7
  • [Repealed]

    Section 7 was repealed by section 6(1) Maori Purposes Act 1956.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Maori Purposes Act 1954. It incorporates all the amendments to the Act as at 1 July 2009. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see Making online legislation official under Status of legislation on this site in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)