Maori Purposes Act 1954

Reprint
as at 1 July 2009

Coat of Arms of New Zealand

Maori Purposes Act 1954

Public Act1954 No 59
Date of assent29 September 1954
Commencement29 September 1954

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.


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 Amending provisions as to Maori housing accounts
  • (1) [Repealed]

    (2) [Repealed]

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

    Section 3(1): repealed, on 28 October 1965, by section 10(2) of the Maori Purposes Act 1965 (1965 No 121).

    Section 3(2): repealed, on 1 December 1961, by section 15(2) of the Maori Purposes Act 1961 (1961 No 129).

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[Repealed]

  • Heading: repealed, on 25 October 1956, pursuant to section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

4 Settlement of Pukeroa Oruawhata (Rotorua Township) Claim
  • [Repealed]

    Section 4: repealed, on 25 October 1956, by section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

Aotea District

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) 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—

    • (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), 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).

6 Further provisions in respect of proceedings relating to ownership of bed of Wanganui River
  • Amendment(s) incorporated in the Act(s).

South Island District

[Repealed]

  • Heading: repealed, on 25 October 1956, pursuant to section 6(1) of the Maori Purposes Act 1956 (1956 No 43).

7 Stewart Island purchase money settlement
  • [Repealed]

    Section 7: 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 1954. The reprint incorporates all the amendments to the Act as at 1 July 2009, 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)