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New Zealand Legislation: Acts

Acts are laws made by Parliament

Reprint as at 1 July 2009

Maori Reserved Land Act 1955

Public Act	1955 No 38
Date of assent	20 October 1955

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.

This Act is administered in the Ministry of Maori Development

Contents

1 Short Title and commencement

2 Interpretation

Part 1
General provisions applicable to reserved land

3 Reserved land to be subject to this Act

4 Governor-General in Council may declare land to be a Maori reserve

5 Trusts for reserved land

6 Registration of Maori Trustee's title

7 Status of reserved land

8 General powers of Māori Trustee in relation to reserved land

9 Power of Maori Trustee to sell reserved land

9A Sale of reserved land to lessees [Repealed]

9B Powers of Maori Trustee in respect of leases [Repealed]

10 Alienation powers of equitable owners

10A Registration of security

11 Court may determine beneficial owners of reserved land

12 Court may define trusts

13 Court may partition reserved land

14 Court may vest reserved land in beneficial owners

15 Exchange of interests

15A Constitution of Maori incorporations to administer reserved land

Part 2
Succession to and disposal of beneficial interests in reserved land

16 Persons entitled to succeed deceased owner

17 Title of successors

18 Court to determine successors

19 Officers of Board [Repealed]

20 Disposition of interests of deceased owner

21 Chairman of Committee [Repealed]

22 Meetings of Committees [Repealed]

23 Committee to be subject to control of Board [Repealed]

24 Functions of Board [Repealed]

25 Succession fee payable on interests in reserved land

Part 3
Provisions with respect to leases of Maori reserves and township land

26 Maori Trustee may lease unleased Maori reserve or township land

27 Conversion of leases of Maori reserves or township land

28 Optional rights on renewal of leases

29 Terms of prescribed lease may be modified by agreement

30 Valuations for rent fixation

31 Valuation certificates to be prepared

32 General provisions as to valuations

32A Special valuations made on or after 1 July 1998

33 Notice of valuation and right of objection thereto

34 Rents under renewable leases

35 Minimum annual rent in leases of rural land

36 Annual rent where minimum reduced because of uncontrollable deterioration

37 Lessee may require Maori Trustee to reduce minimum annual rent

38 Procedure when lessee does not accept renewal of a lease

39 Procedure where right to new lease not purchased

40 Date of commencement of new lease when offered for public competition

41 Until new lease commences, former lease deemed to continue

42 Rights where lessee does not elect to take a renewable lease in prescribed forms

42A Surrender of leases

Jurisdiction of land valuation tribunal

43 Objections to valuations

44 Hearing and determinations of objections

45 Proceedings in relation to destroyed or damaged improvements

46 Notification of amendments

47 Appeal to High Court from Tribunal's determination

48 Appeals by notice of motion

49 Service of notice of motion

50 Cross appeals

51 Chairman of Tribunal to prepare report

52 Court may affirm or vary determination

53 Determination as to uncontrollable deterioration

55 Ordinary practice and procedure to apply

56 Valuer-General's right of audience

57 Land Valuation Tribunal to have exclusive jurisdiction

Part 4
Provisions with respect to leases of settlement reserves

58 Interpretation

59 Maori Trustee may lease unleased settlement reserves

60 Renewal of subsisting leases

61 Renewable leases

62 Minimum annual rent

63 Minimum rent in cases of uncontrollable deterioration

64 Valuations for renewal of leases

65 Certificate of valuation to be prepared

66 Notice of valuations and right of objection thereto

67 Where no objection lodged, renewal to be offered to lessee

68 Procedure after objection determined

69 Procedure where lessee does not accept renewal

Jurisdiction of valuation appeal committee

70 Valuation Appeal Committee

71 Remuneration and allowances of members of Committee

72 Certain costs of administration to come out of appropriated money

73 Procedure of Committee

74 Objections to valuations to be heard by Committee

75 Determination as to uncontrollable deterioration

76 Valuer-General to be notified of Committee's decisions [Repealed]

Part 5
General provisions with respect to leases of reserved land

77 Lands held in trust for different owners may be comprised in one lease

78 Registration of leases

79 Adjoining areas may be incorporated in existing lease

80 Implied covenants in leases of reserved land

81 Rights of tenants in common

82 Submissions to arbitration

83 Fees, costs, and expenses

84 Maori Trustee may reduce rents of certain leased lands used for charitable purposes

Disposition of township land

85 Township land may be sold to Crown

86 Township land may be sold to private persons

87 Township land may be vested in owners

88 Maori Trustee to distribute capital money to owners of reserved land

88A Proceeds of Wellington tenths sales may be used to acquire land or erect buildings

89 Trust for Auckland and Onehunga Hostels Endowment

90 Nelson Tenths Benefit Fund

91 Special provisions applying to certain Motueka reserves

92 Service of notices

93 Repeals and savings

Schedule 3
Enactments repealed

An Act to consolidate and amend the law relating to the administration of the lands comprised in Maori reserves, West Coast settlement reserves, and Maori townships, and to make provision in respect of certain other lands administered by the Maori Trustee