(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:
(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) 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) 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) 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) shall, in addition to any powers conferred on them by the court, or by section 438 of the principal Act, have power—
(5) For the purposes of exercising any powers under paragraph (b) of subsection (4), the trustees may exercise all the powers conferred on leasing authorities by the Public Bodies’ Leases Act 1908.
(6) No alienation of any land for the time being vested in the trustees appointed under paragraph (b) of subsection (1) shall require to be confirmed by the court.
(7) In any case where the Māori Trustee is, pursuant to the provisions of subsection (1), 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) Amendment(s) incorporated in the Act(s).
(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). Until any land is vested pursuant to subsection (1) 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), 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).
Section 5(7): amended, on 1 July 2009, by section 30(1) of the Māori Trustee Amendment Act 2009 (2009 No 12).