Maori Reserved Land Act 1955

  • This version was reprinted on 31 May 2016 to make corrections to sections 15A(2), 91(3), and clause 15 of Form B in Schedule 2 under section 25(1)(j)(ii) of the Legislation Act 2012.

Reprint as at 1 July 2009

Coat of Arms of New Zealand

Maori Reserved Land Act 1955

Public Act
 
1955 No 38
Date of assent
 
20 October 1955
Commencement
 
see section 1(2)
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
1Short Title and commencement
2Interpretation
3Reserved land to be subject to this Act
4Governor-General in Council may declare land to be a Maori reserve
5Trusts for reserved land
6Registration of Māori Trustee’s title
7Status of reserved land
8General powers of Māori Trustee in relation to reserved land
9Power of Māori Trustee to sell reserved land
9ASale of reserved land to lessees [Repealed]
9BPowers of Maori Trustee in respect of leases [Repealed]
10Alienation powers of equitable owners
10ARegistration of security
11Court may determine beneficial owners of reserved land
12Court may define trusts
13Court may partition reserved land
14Court may vest reserved land in beneficial owners
15Exchange of interests
15AConstitution of Maori incorporations to administer reserved land
16Persons entitled to succeed deceased owner
17Title of successors
18Court to determine successors
19Uneconomic interests defined [Repealed]
20Disposition of interests of deceased owner
21Acquisition of uneconomic interests by Maori Trustee [Repealed]
22Maori Trustee may purchase interests by agreement [Repealed]
23Money to be paid from conversion fund [Repealed]
24Application of revenues from interests acquired [Repealed]
25Succession fee payable on interests in reserved land
26Māori Trustee may lease unleased Maori reserve or township land
27Conversion of leases of Maori reserves or township land
28Optional rights on renewal of leases
29Terms of prescribed lease may be modified by agreement
30Valuations for rent fixation
31Valuation certificates to be prepared
32General provisions as to valuations
32ASpecial valuations made on or after 1 July 1998
33Notice of valuation and right of objection thereto
34Rents under renewable leases
35Minimum annual rent in leases of rural land
36Annual rent where minimum reduced because of uncontrollable deterioration
37Lessee may require Māori Trustee to reduce minimum annual rent
38Procedure when lessee does not accept renewal of a lease
39Procedure where right to new lease not purchased
40Date of commencement of new lease when offered for public competition
41Until new lease commences, former lease deemed to continue
42Rights where lessee does not elect to take a renewable lease in prescribed forms
42ASurrender of leases
43Objections to valuations
44Hearing and determinations of objections
45Proceedings in relation to destroyed or damaged improvements
46Notification of amendments
47Appeal to High Court from Tribunal’s determination
48Appeals by notice of motion
49Service of notice of motion
50Cross appeals
51Chairman of Tribunal to prepare report
52Court may affirm or vary determination
53Determination as to uncontrollable deterioration
54Costs
55Ordinary practice and procedure to apply
56Valuer-General’s right of audience
57Land Valuation Tribunal to have exclusive jurisdiction
58Interpretation
59Māori Trustee may lease unleased settlement reserves
60Renewal of subsisting leases
61Renewable leases
62Minimum annual rent
63Minimum rent in cases of uncontrollable deterioration
64Valuations for renewal of leases
65Certificate of valuation to be prepared
66Notice of valuations and right of objection thereto
67Where no objection lodged, renewal to be offered to lessee
68Procedure after objection determined
69Procedure where lessee does not accept renewal
70Valuation Appeal Committee
71Remuneration and allowances of members of Committee
72Certain costs of administration to come out of appropriated money
73Procedure of Committee
74Objections to valuations to be heard by Committee
75Determination as to uncontrollable deterioration
76Valuer-General to be notified of Committee’s decisions [Repealed]
77Lands held in trust for different owners may be comprised in 1 lease
78Registration of leases
79Adjoining areas may be incorporated in existing lease
80Implied covenants in leases of reserved land
81Rights of tenants in common
82Submissions to arbitration
83Fees, costs, and expenses
84Māori Trustee may reduce rents of certain leased lands used for charitable purposes
85Township land may be sold to Crown
86Township land may be sold to private persons
87Township land may be vested in owners
88Māori Trustee to distribute capital moneys to owners of reserved land
88AProceeds of Wellington tenths sales may be used to acquire land or erect buildings
89Trust for Auckland and Onehunga Hostels Endowment
90Nelson Tenths Benefit Fund
91Special provisions applying to certain Motueka reserves
92Service of notices
93Repeals and savings
Reprint notes

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 Māori Trustee

Title: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

 
1 Short Title and commencement

(1)

This Act may be cited as the Maori Reserved Land Act 1955.

(2)

This Act shall come into force on 1 January 1956.

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

court means the Maori Land Court

Land Valuation Tribunal or Tribunal means a Land Valuation Tribunal established under the Land Valuation Proceedings Act 1948; and the Land Valuation Tribunal or the Tribunal, when used in relation to any land, means the particular Land Valuation Tribunal to which any application or appeal or matter arising under this Act and relating to that land has been made or referred

lessee includes the successors, executors, administrators, and assigns of a lessee

Maori reserve means land constituted a Maori reserve by or pursuant to this Act

Minister means the Minister of Maori Affairs

prescribed lease means a lease in either of the forms of lease prescribed in Schedule 2

reserved land means land constituted reserved land by this Act

settlement reserve means land constituted a settlement reserve by this Act

township land means land constituted township land by this Act

Valuation Court means the High Court, including the additional members holding office under the Land Valuation Proceedings Act 1948, in the exercise of its jurisdiction under that Act.

(2)

Unless the context otherwise requires, terms and expressions that are defined in the Maori Affairs Act 1953 have, when used in this Act, the meanings that are given thereto by that Act.

Section 2(1) Land Valuation Tribunal or Tribunal: inserted, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 2(1) Valuation Court: replaced, on 1 April 1969, by section 15 of the Land Valuation Proceedings Amendment Act 1968 (1968 No 42).

Section 2(1) Valuation Court: amended, on 15 August 1991, pursuant to section 3(5) of the Judicature Amendment Act 1991 (1991 No 60).

Part 1 General provisions applicable to reserved land

3 Reserved land to be subject to this Act

(1)

All lands which immediately before the commencement of this Act were subject to the Maori Reserves Act 1882 or the Westland and Nelson Maori Reserves Act 1887 shall, at the commencement of this Act, become Maori reserves subject to the provisions of this Act.

(2)

The lands referred to in the first column of Schedule 1 (being lands which have heretofore been administered by the Māori Trustee under the enactments referred to in the second column of the said schedule) shall, at the commencement of this Act, become Maori reserves subject to the provisions of this Act.

(3)

All lands, other than any land to which subsection (2) relates, which immediately before the commencement of this Act were subject to the provisions of the West Coast Settlement Reserves Act 1892 shall, at the commencement of this Act, become settlement reserves subject to the provisions of this Act.

(4)

All lands which immediately before the commencement of this Act were subject to the provisions of the Maori Townships Act 1910 shall, at the commencement of this Act, become township lands subject to the provisions of this Act.

(5)

All land purchased or otherwise acquired by the Māori Trustee pursuant to section 8 shall be deemed to be reserved land subject to the provisions of this Act.

(6)

All land which is or becomes subject to the provisions of this Act shall, for the purposes of this Act, be deemed to be reserved land and shall vest, or continue to be vested, in the Māori Trustee for a legal estate in fee simple.

Section 3(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 3(5): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 3(6): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

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

(1)

The Governor-General may, by Order in Council, declare any land which is vested in the Māori Trustee upon trust to administer the same for an undefined or indeterminate period to be a Maori reserve and may, by the same or any subsequent Order in Council, declare the trusts upon which any such Maori reserve shall be administered by the Māori Trustee.

(2)

Notwithstanding the provisions of any other enactment, where any land is declared to be a Maori reserve under this section, the land shall become subject to and be administered in accordance with the provisions of this Act, and any enactment applying particularly to the land shall cease to have any application in respect of that land.

Section 4(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

5 Trusts for reserved land

(1)

Subject to the provisions of this Act, all reserved land shall be held by the Māori Trustee in trust for the owners, if any, beneficially entitled thereto in accordance with their respective interests and all such land shall be administered by him in accordance with the trusts affecting the land immediately before the commencement of this Act, or in accordance with any other trusts affecting the land declared under this Act.

(2)

Subject to the provisions of this Act, each Maori reserve referred to in the first column of Schedule 1 shall be held and administered by the Māori Trustee in accordance with the trusts prescribed in the third column of that schedule applying to that reserve.

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

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

6 Registration of Māori Trustee’s title

(1)

It shall be the duty of the District Land Registrar, upon receiving a certificate by the Māori Trustee to the effect that the land to which the certificate relates is reserved land, to issue to the Māori Trustee 1 or more certificates of title in respect of that land, or to make all such entries in the register as may be necessary for the purpose of registering the title of the Māori Trustee to any reserved land.

(2)

Upon a request made to him in writing by the Māori Trustee, the District Land Registrar shall, without the payment of any fee, endorse on the certificate of title to any reserved land a memorial to the effect that the land comprised therein is reserved land and is subject to the provisions of this Act.

Section 6 heading: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 6(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 6(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

7 Status of reserved land

All reserved land shall, while it remains vested in the Māori Trustee, be deemed to be Maori freehold land.

Section7: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

8 General powers of Māori Trustee in relation to reserved land

(1)

Subject to the provisions of this Act, the Māori Trustee shall, in respect of any reserved land, have authority to do all such things as he considers necessary for the due administration thereof, and which are, in his opinion, in the interest of the beneficiaries on whose behalf the land is administered.

(2)

Without limiting the generality of the authority conferred on him by subsection (1), and without restricting the exercise of any powers conferred on him by the Maori Trustee Act 1953, the Māori Trustee may, in respect of any reserved land, do all or any of the following things:

(a)

from time to time survey and subdivide the land into suitable allotments and prepare the land for disposition:

(b)

lay off and form roads and streets and dedicate such portions of any such land for roads and streets as he thinks fit:

(c)

subject to the provisions of this Act, exercise all the powers and authorities conferred on leasing authorities by the Public Bodies Leases Act 1969:

(d)

issue licences to take things from the soil on such terms and conditions as he thinks fit:

(e)

issue to any person a licence to occupy on such terms and conditions as he thinks fit:

(f)

acquire land, by purchase, gift, or otherwise, for use in relation to any reserved land, whether for the purpose of access or otherwise:

(g)

sell or exchange any part of the land for the purpose of acquiring other land to be used in relation to, or in substitution for, the land disposed of:

(h)

grant to any local authority or to any person, on such terms and conditions as he thinks fit, any easement or other right in, upon, through, over, or under the land.

Section 8 heading: amended, on 1 July 2009, by section 30(1) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 8(1): amended, on 1 July 2009, by section 30(1) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 8(2): amended, on 1 July 2009, by section 30(1) of the Māori Trustee Amendment Act 2009 (2009 No 12).

ection 8(2)(c): amended, on 1 January 1970, pursuant to section 28(1)(a) of the Public Bodies Leases Act 1969 (1969 No 141).

9 Power of Māori Trustee to sell reserved land

(1)

Except as otherwise provided by this Act, the Māori Trustee shall have no power to sell any reserved land.

(2)

Where any reserved land which, by reason of its size, configuration, nature, or quality, cannot, in the opinion of the Māori Trustee, profitably be used in the interests of the beneficiaries on whose behalf the land is administered, the Māori Trustee may, with the consent of the Minister, sell the land upon such terms and conditions as the Māori Trustee thinks fit.

(3)

The power conferred on the Māori Trustee by this section shall extend to enable him to make a gift of the land in any circumstances where the retention of the land, by reason of rates or other charges thereon, is not, in the opinion of the Māori Trustee, in the interests of the beneficiaries on whose behalf the land is administered.

Section 9 heading: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 9(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 9(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 9(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

9A Sale of reserved land to lessees
[Repealed]

Section 9A: repealed, on 10 October 1975, by section 9(a) of the Maori Purposes Act 1975 (1975 No 135).

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

Section 9B: repealed, on 10 October 1975, by section 9(a) of the Maori Purposes Act 1975 (1975 No 135).

10 Alienation powers of equitable owners

(1)

The equitable owner of a freehold interest in reserved land shall have power to deal with the interest in any of the following ways:

(a)

he may dispose of the interest by will:

(b)
[Repealed]

(c)
[Repealed]

(d)

he may agree to the vesting of the interest by order of the court under section 213 of the Maori Affairs Act 1953 (as substituted by section 90 of the Maori Affairs Amendment Act 1967)—

(i)

in accordance with the provisions of subsection (4) of the said section 213; or

(ii)

to any other person having a beneficial freehold interest in the same land; or

(iii)

to his spouse, civil union partner, de facto partner, child or remoter issue, brother, sister, parent, brother or sister of a parent, or to the child or remoter issue of a parent or of the brother or sister of a parent:

provided that for the purposes of this paragraph the illegitimacy of any person shall not be deemed to affect the natural blood relationship subsisting between him and any other person:

(e)

he may assign the interest by way of security in accordance with the provisions of section 10A:

(f)

he may exercise in respect of an interest in township land a vote on any proposal submitted to a meeting of the assembled owners of the land as provided by section 86.

(2)

For the purposes of subsection (1), the term equitable owner, in relation to any beneficial freehold interest in reserved land, means the person who is recorded as the owner thereof in the records of the Maori Land Court and of the Māori Trustee; and includes an administrator, assignee, or trustee who is so recorded.

(3)

Except as provided in this section the equitable owner of a beneficial freehold interest in reserved land shall have no power to deal with his interest.

(4)

A meeting of the assembled owners of any reserved land summoned and held in accordance with the provisions of Part 23 of the Maori Affairs Act 1953 may pass a resolution under paragraph (f) of subsection (1) of section 315 of that Act, and the provisions of that Part shall apply accordingly.

Section 10: replaced, on 1 April 1968, by section 153(1) of the Maori Affairs Amendment Act 1967 (1967 No 124).

Section 10(1)(b): repealed, on 14 December 1976, by section 24(5) of the Maori Purposes Act 1976 (1976 No 148).

Section 10(1)(c): repealed, on 10 October 1975, by section 9(a) of the Maori Purposes Act 1975 (1975 No 135).

Section 10(1)(d)(iii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 10(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 10(4): inserted, on 27 November 1970, by section 14(1) of the Maori Purposes Act 1970 (1970 No 120).

10A Registration of security

(1)

An assignment by way of security of the equitable and beneficial freehold interest in reserved land of any person may be effected by the registration in the Maori Land Court of a memorial of assignment in the prescribed form, executed by the owner of the interest as assignor.

(2)

On production of any such memorial and payment of the prescribed fee, the Registrar of the Maori Land Court shall register the same by making a note thereof in the court’s records of equitable ownership of the reserved land concerned.

(3)

The assignment of any interest as aforesaid shall vest in the assignee the right to receive during the currency of the assignment any money payable by the Māori Trustee in respect of that interest.

(4)

On written application by the assignee, and on payment of the prescribed fee, the Registrar shall cancel the entry in the court’s records relating to any such assignment.

(5)

On application by the assignor and on being satisfied that the obligation secured by the assignment has been duly met, the court shall direct the Registrar to cancel the entry relating to the assignment.

(6)

On application by the assignee, the court may by order vest in the assignee absolutely the assigned interest or such part of it as in the court’s opinion is sufficient to discharge the obligation of the assignor to the assignee. Before making any order under this subsection, the court shall be satisfied as follows:

(a)

that reasonable notice of the hearing of the application has been given to the assignor or his representative; and

(b)

that notice requiring the assignor to remedy default in meeting his obligation secured by the assignment and intimating an intention to proceed under this subsection failing remedy of the default by a date not less than 2 months after the date of the notice was served on the assignor or his representative and the default has not been remedied.

(7)

The court may with or without conditions waive any requirement under subsection (6) for the service of any notice upon the assignor or his representative if it is satisfied that his whereabouts are unknown.

Section 10A: inserted, on 1 April 1968, by section 154 of the Maori Affairs Amendment Act 1967 (1967 No 124).

Section 10A(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

11 Court may determine beneficial owners of reserved land

(1)

On application made to it in that behalf by the Māori Trustee, the court may determine the persons beneficially entitled to any reserved land as the owners thereof and may define their relative interests therein.

(2)

In hearing and determining any such application the court shall, except so far as the ownership of the land affected thereby is proved to the satisfaction of the court to be a matter of record, proceed as if it were hearing and determining an application for the investigation of the title to Maori customary land pursuant to the provisions of Part 14 of the Maori Affairs Act 1953.

Section 11(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

12 Court may define trusts

(1)

Where any reserved land is vested in the Māori Trustee otherwise than upon a trust to pay the income or other proceeds arising therefrom to specified persons as the beneficial owners of that land, the Māori Trustee may, if in his opinion the trust is not sufficiently declared, or is required to be enlarged or changed, apply to the court to declare the trusts upon which the reserved land shall thenceforth be held, and the court shall have jurisdiction so to declare the trusts.

(2)

In hearing and determining any application under this section, the court shall be guided by reference to the original object or purpose for which the reserved land was set apart, but shall declare such trusts as may seem to it to be appropriate to any changed circumstances since the reserved land was set apart.

(3)

Nothing in this section shall be so construed as to limit or affect the right of the Māori Trustee to invoke the equitable jurisdiction of the High Court in respect of the trusts relating to any reserved land.

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

Section 12(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 12(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

13 Court may partition reserved land

(1)

Notwithstanding anything contained in Maori Affairs Act 1953, the court shall have jurisdiction, on the application of the Māori Trustee, to partition any reserved land among the beneficial owners thereof.

(2)

Subject to the provisions of subsection (3), every such partition made by the court shall affect only the equitable estate of the beneficial owners.

(3)

Where the land comprised in a partition order is not subject to a lease renewable in perpetuity, or, if being so subject, the lease is held by a person in whose favour the partition order has been made, the District Land Registrar, on the application of the Māori Trustee, may register the order against any existing certificate of title and may issue a new certificate of title, subject to all registered encumbrances, liens, and interests, in the name of the person specified in the partition order. The land comprised in the new certificate of title shall, on the issue of the certificate, cease to be subject to this Act.

Section 13(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 13(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

14 Court may vest reserved land in beneficial owners

(1)

On application made to it by the Māori Trustee, the court may make an order vesting in the beneficial owners thereof any reserved land which, in the opinion of the Māori Trustee, is no longer required to be administered by him under this Act.

(2)

On the making of any order under this section, the land affected by the order shall cease to be subject to this Act (except Part 1 of the Maori Reserved Land Amendment Act 1997), but no order made by the court under this section shall affect any valid lease, mortgage, charge, or other encumbrance to which the land is subject on the date of the making of the order, or the right of any person to enforce any valid contract made in respect of the land before that date.

(3)

The District Land Registrar is hereby authorized and directed to make all such alterations and amendments in the register and to issue such new certificates of title as may be necessary to give effect to any order made by the court under this section.

(4)

The rights, duties, and obligations of the Māori Trustee under any leases granted or administered by him pursuant to this Act shall, upon the vesting by an order under this section of the land comprised in any such lease, be exercisable by and enforceable against the legal owner or owners for the time being of the land, and all the provisions of the lease and any provisions of this Act incorporated in the lease, either directly or by reference, and relating to the service of notices and the making of applications and the like, upon, to, or by the Māori Trustee shall be read accordingly.

(5)

Notwithstanding the foregoing provisions of this section, the court, if it thinks fit, instead of vesting land in the beneficial owners, may make an order in terms of section 438 of the Maori Affairs Act 1953 vesting the land in a trustee or trustees (including, if the court thinks fit, a Maori Trust Board under the Maori Trust Boards Act 1955) upon the trusts declared in a separate order pursuant to that section.

Section 14(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 14(2): amended, on 1 January 1998, by section 33 of the Maori Reserved Land Amendment Act 1997 (1997 No 101).

Section 14(4): inserted, on 10 October 1975, by section 10 of the Maori Purposes Act 1975 (1975 No 135).

Section 14(4): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 14(5): inserted, on 10 October 1975, by section 10 of the Maori Purposes Act 1975 (1975 No 135).

15 Exchange of interests

(1)

With the consent of the Māori Trustee, the court may make orders to give effect to the exchange of the beneficial freehold interest of any person in any Maori reserve or settlement reserve for any interest in any other Maori reserve or settlement reserve or in any other Maori freehold land.

(2)

Any exchange order made for the purpose of this Act shall have effect in all respects as if it were an exchange order made to give effect to an exchange under Part 17 of the Maori Affairs Act 1953, and the provisions of that Part shall apply to any such exchange order.

Section 15(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

15A Constitution of Maori incorporations to administer reserved land

(1)

The Governor-General may from time to time, by Order in Council, constitute the beneficial owners of any 1 or more parcels of reserved land, a Maori incorporation under Part 4 of the Maori Affairs Amendment Act 1967, from a date to be specified in the order. Every such Order in Council shall specify the objects for which the incorporation is constituted and shall take effect according to its tenor as if an order of incorporation under section 29 of that Act had been made in respect of the land by the court, and, except as otherwise provided in this section, all the provisions of Part 4 of that Act (including section 28 of that Act which empowers the court, on application, to redefine the objects of an incorporation or add new objects) shall, with all necessary modifications, apply accordingly.

(2)

On application by the Māori Trustee at any time after the constitution of a Maori incorporation pursuant to subsection (1), the court shall fix a time and place for the holding of a general meeting of shareholders to determine the number of members to comprise the committee of management and to nominate a committee accordingly. The court shall direct the Registrar to summon the meeting and shall specify the way in which notice is to be given and shall appoint a chairman. Unless the court fixes some other quorum, the quorum for the meeting shall be determined in accordance with section 63(9) of the Maori Affairs Amendment Act 1967 and the provisions of the Maori Incorporations Regulations 1969 relating to general meetings of shareholders shall, with all necessary modifications, apply accordingly.

(3)

The chairman of the meeting held pursuant to subsection (2) shall report the results of the meeting to the court and shall apply to the court to fix the number of members of the committee of management and appoint members accordingly.

(4)

Notwithstanding the provisions of Part 4 of the Maori Affairs Amendment Act 1967, the fee simple of the land specified in any Order in Council made under subsection (1) shall not by reason of that order or the constitution of the incorporation pass to the incorporation, but the incorporation shall be entitled to have that land transferred to it in accordance with subsection (6). All land so transferred shall, on the registration of the transfer, cease to be reserved land within the meaning of this Act.

(5)

Where the beneficial owners of any reserved land are constituted under this section as a Maori incorporation, the Māori Trustee shall, until that land is transferred by him to the corporation pursuant to subsection (6), continue to hold it and to receive and deal with all money payable to him in respect of it, but shall do so as trustee and agent of the incorporation as so constituted. The Māori Trustee may continue to charge fees, expenses, and commission in respect of his administration of the land and money.

(6)

The Māori Trustee, at the request of the committee of management of any Maori incorporation constituted pursuant to this section, shall transfer to the incorporation all the incorporation land, subject to all leases, licences, charges, and other encumbrances, and shall pay to the incorporation any money held by him and arising from the incorporation land, whether the money is held in gross as it has been received or is on behalf of an individual beneficial owner to whom it has been allocated. The Māori Trustee shall at the same time hand over to the incorporation all records held by him relating to the land and to any dealings therewith, and all necessary records relating to the money paid over by him to the incorporation.

(7)

All land transferred to a Maori incorporation pursuant to this section and all land subsequently vested in the incorporation by whatever means shall, whatever its status immediately before the transfer or vesting, be, in the hands of the incorporation, Maori freehold land as if a declaration to that effect had been made by the court under section 31(3) of the Maori Affairs Amendment Act 1967.

(8)

The Registrar of the Maori Land Court shall in respect of each incorporation constituted pursuant to this section make the necessary entries in the register of Maori incorporations kept by him pursuant to section 64 of the Maori Affairs Amendment Act 1967.

(9)

The provisions of section 14(4) shall apply to any current leases over land transferred to a Maori incorporation pursuant to this section.

(10)

Every memorandum of transfer from the Māori Trustee to a Maori incorporation constituted pursuant to this section shall be and be deemed to be a transfer from a trustee to the beneficiaries personally entitled in possession under the trusts administered by him, and no such transfer shall be subject to confirmation by the Maori Land Court.

Section 15A: inserted, on 10 October 1975, by section 11 of the Maori Purposes Act 1975 (1975 No 135).

Section 15A(1): amended, on 14 December 1979, by section 17 of the Maori Purposes Act 1979 (1979 No 136).

Section 15A(1): amended, on 16 October 1978, by section 7 of the Maori Purposes Act 1978 (1978 No 70).

Section 15A(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 15A(5): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 15A(6): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 15A(10): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

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

16 Persons entitled to succeed deceased owner

The persons entitled on the death of any person, whether testate or intestate, to succeed to his beneficial freehold interest in any reserved land shall be determined in all respects as if the deceased were a Maori and as if any such interest were an interest in Maori freehold land.

17 Title of successors

(1)

On the death of any person, whether a Maori or a European who has died before 1 April 1968, possessed of a beneficial freehold interest in any reserved land, that interest shall not vest in his executor or administrator, but shall be disposed of in accordance with the provisions of this Part.

(2)

On the making of a vesting order under this Part in respect of any such interest, the title of the person in whose favour the vesting order is made shall relate back to and be deemed to have arisen immediately upon the death of the deceased owner from whom the interest was derived, as if there had been no interval of time between his death and the making of the vesting order.

(3)

The provisions of this Part shall be read subject to the provisions of Part 5 of the Maori Affairs Amendment Act 1967 by which it is provided that the firstmentioned provisions shall cease to have any force or effect and shall no longer apply on and after 1 April 1975, save to the extent necessary for the completion of any matter which, at that date, is properly before the court, or the completion of the administration of any estate which, at that date, is in the course of administration.

Section 17(1): amended, on 1 April 1968, by section 89(4)(a) of the Maori Affairs Amendment Act 1967 (1967 No 124).

Section 17(3): inserted, on 1 April 1968, by section 89(4)(b) of the Maori Affairs Amendment Act 1967 (1967 No 124).

Section 17(3): amended, on 20 October 1972, by section 13(4) of the Maori Purposes Act 1972 (1972 No 135).

18 Court to determine successors

(1)

On application made to it by any person interested or by the Registrar or the Māori Trustee, the court shall determine the persons (in this Part referred to as the beneficiaries) who, on the death of the beneficial owner, are entitled to succeed to the beneficial freehold interest of that owner in any reserved land and shall define the relative shares of the several beneficiaries.

(2)

Where any beneficial freehold interest in reserved land has been devised by will to a trustee other than a bare trustee, the trustee shall, for the purposes of this section, be deemed to be the beneficiary.

(3)

Every determination made for the purposes of this section shall be recorded in the minutes of the court, but, notwithstanding the provisions of section 34 of the Maori Affairs Act 1953, it shall not be necessary for the court to draw up in writing any order with respect to its determination or with respect to the shares of the several beneficiaries.

Section 18(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

19 Uneconomic interests defined
[Repealed]

Section 19: repealed, on 1 April 1968, by section 130(1) of the Maori Affairs Amendment Act 1967 (1967 No 124).

20 Disposition of interests of deceased owner

(1)

When the court has ascertained the beneficiaries and has defined their relative shares in accordance with section 18, it shall, subject to subsection (3A) of this section, without further application, make an order vesting the interest in the beneficiaries.

(2)

Where any beneficial freehold interest in reserved land has been devised by will to a trustee other than a bare trustee, the trustee shall, for the purposes of this section, be deemed to be the beneficiary, and the existence of the trust shall be set forth on the face of the order by reference to the will of the deceased.

(3)

[Repealed]

(3A)

On any proceedings for an order vesting an interest in the beneficiary, the court may exercise any of the powers conferred on it by section 136 of the Maori Affairs Act 1953.

(4)

[Repealed]

(5)

[Repealed]

Section 20(1): replaced, on 1 April 1968, by section 130(2)(a) of the Maori Affairs Amendment Act 1967 (1967 No 124).

Section 20(3): repealed, on 1 April 1968, by section 130(2)(b) of the Maori Affairs Amendment Act 1967 (1967 No 124).

Section 20(3A): inserted, on 28 October 1960, by section 22(2) of the Maori Purposes Act 1960 (1960 No 120).

Section 20(4): repealed, on 1 April 1968, by section 130(2)(b) of the Maori Affairs Amendment Act 1967 (1967 No 124).

Section 20(5): repealed, on 1 April 1968, by section 130(2)(b) of the Maori Affairs Amendment Act 1967 (1967 No 124).

21 Acquisition of uneconomic interests by Maori Trustee
[Repealed]

Section 21: repealed, on 1 April 1968, by section 130(1) of the Maori Affairs Amendment Act 1967 (1967 No 124).

22 Maori Trustee may purchase interests by agreement
[Repealed]

Section 22: repealed, on 1 April 1968, by section 130(1) of the Maori Affairs Amendment Act 1967 (1967 No 124).

23 Money to be paid from conversion fund
[Repealed]

Section 23: repealed, on 14 December 1976, by section 24(4)(c) of the Maori Purposes Act 1976 (1976 No 148).

24 Application of revenues from interests acquired
[Repealed]

Section 24: repealed, on 1 April 1968, by section 89(5) of the Maori Affairs Amendment Act 1967 (1967 No 124).

25 Succession fee payable on interests in reserved land

(1)

No interest in any reserved land possessed by any Maori or descendant of a Maori who has died before 1 April 1968 shall, on his death, be computed as part of his dutiable estate, but where an order is made by the court, pursuant to the provisions of this Part, vesting the interest in any person other than the Māori Trustee, there shall be payable in respect of that order the special succession fee prescribed by section 131 of the Maori Affairs Act 1953, and the provisions of that section shall, with any necessary modifications, extend and apply to any interest affected by the order.

(2)

Except as otherwise provided in this Part, none of the provisions of Part 12 or Part 13 of the Maori Affairs Act 1953 shall apply to any reserved land or any interest therein.

Section 25(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 25(1): amended, on 1 April 1968, by section 89(6) of the Maori Affairs Amendment Act 1967 (1967 No 124).

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

26 Māori Trustee may lease unleased Maori reserve or township land

(1)

The Māori Trustee may lease any Maori reserve, or any township land, which is not subject to a subsisting lease, on such terms and conditions as he thinks fit, and whether by way of public auction, public tender, or private contract.

(2)

In the exercise of the power conferred by this section, the Māori Trustee may lease any land by way of a prescribed lease.

Section 26 heading: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 26(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 26(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

27 Conversion of leases of Maori reserves or township land

(1)

The Māori Trustee may, in his absolute discretion, at any time accept the surrender of a subsisting lease of any Maori reserve or township land for the purpose of granting to the lessee or his nominees 1 or more prescribed leases:

provided that where the subsisting lease is subject to a mortgage, no surrender of that lease shall be accepted by the Māori Trustee without the consent of the mortgagee.

(2)

Where a lease which does not confer on the lessee a right of renewal in perpetuity or a right to compensation for improvements is surrendered under this section, the lessee shall pay to the Māori Trustee, either in 1 sum or by instalments, as may be agreed between the lessee and the Māori Trustee, an amount equal to the value of the reversionary interest of the Māori Trustee in the improvements on the land comprised in the lease as estimated by a registered valuer in accordance with section 45 of the Valuation of Land Act 1951 from a special valuation made for the purposes of this section by a registered valuer at the request of the Māori Trustee and on the payment by him of the appropriate fee.

Section 27(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 27(1) proviso: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 27(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 27(2): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

28 Optional rights on renewal of leases

(1)

Notwithstanding the terms relating to the renewal of any subsisting lease of any Maori reserve or township land which is renewable in perpetuity, the Māori Trustee may, subject to the provisions of subsection (4), offer to grant to the lessee, instead of a renewed term of his subsisting lease, a prescribed lease.

(2)

Notwithstanding the terms relating to the renewal of any subsisting lease of any Maori reserve or township land which is renewable in perpetuity, the lessee may require the Māori Trustee to grant to him, instead of a renewed term of his lease, a prescribed lease, and the Māori Trustee shall, subject to the provisions of subsections (3) and (4), grant to the lessee a prescribed lease accordingly.

(3)

If any dispute arises between the Māori Trustee and the lessee as to whether the prescribed lease to be granted under this section should be in form A or form B of Schedule 2, the decision of the Māori Trustee shall be final, and, unless that decision is acceptable to the lessee, his subsisting lease shall, subject to the provisions of this Act, be renewed in accordance with the terms in that behalf contained in the lease.

(4)

Where any subsisting lease is subject to a mortgage, no prescribed lease shall be granted by the Māori Trustee pursuant to the provisions of this section without the consent of the mortgagee.

Section 28(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 28(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 28(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 28(4): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

29 Terms of prescribed lease may be modified by agreement

The terms, covenants, and conditions of any prescribed lease may be modified in such manner as may be agreed upon between the Māori Trustee and the lessee.

Section 29: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 29: amended, on 1 January 1998, by section 33 of the Maori Reserved Land Amendment Act 1997 (1997 No 101).

30 Valuations for rent fixation

(1)

Subject to Part 1 of the Maori Reserved Land Amendment Act 1997, the rent under any prescribed lease granted in substitution for a former lease, and the rent in respect of any renewed term of any prescribed lease, shall be assessed in accordance with the provisions of this Part and not otherwise.

(2)

In any case to which subsection (1) applies, a registered valuer, on application made to him by the Māori Trustee, shall cause to be made a special valuation of the land comprised or to be comprised in the lease. The application to the registered valuer shall set forth the name of the lessee, the area of the land, a description of the land, and the date at which the valuation is required.

Section 30(1): amended, on 1 January 1998, by section 33 of the Maori Reserved Land Amendment Act 1997 (1997 No 101).

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

Section 30(2): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

31 Valuation certificates to be prepared

(1)

On the completion of a special valuation under section 30, the registered valuer shall cause to be prepared a certificate setting forth the following particulars:

(a)

the name of the lessee;

(b)

the area of the land comprised in the lease, and a description of the land sufficient to identify it;

(c)

the total value of all improvements in existence on the land;

(d)

the unimproved value of the land;

(e)

the capital value of the land; and

(f)

the date at which the valuation is made.

(2)

Every certificate prepared by the registered valuer in accordance with the provisions of this section shall show on its face that it has been made for the purpose of this section.

Section 31(1): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 31(2): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

32 General provisions as to valuations

(1)

In determining the capital value or the unimproved value of any land for the purposes of a special valuation under this Part, the registered valuer shall proceed as if the land were not subject to any lease, or to the right of any person to obtain a lease thereof, but otherwise, and subject to the provisions of this Act, the registered valuer shall proceed as if he were determining the values under the Valuation of Land Act 1951.

(2)

In respect of any such special valuation, the sum of the amount of the unimproved value and the amount of the value of improvements shall always be equal to the amount of capital value, and, in ascertaining the unimproved value or the value of improvements, the registered valuer shall always relate those values to the capital value.

(3)

The fee fixed by the registered valuer for making any special valuation as aforesaid shall be paid by the Māori Trustee, but half the amount of the fee paid by the Māori Trustee shall be recoverable from the lessee as a debt.

Section 32(1): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 32(2): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 32(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 32(3): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

32A Special valuations made on or after 1 July 1998

(1)

This section applies on and after 1 July 1998 to any case where—

(a)

this Part or any lease to which this Part applies requires or provides for any special valuation to be made under this Part; and

(b)

the Valuer-General has not made the valuation concerned before 1 July 1998;—

and this Part, and any lease to which this Part applies, are to be read accordingly with any necessary modifications and as if any references to the Valuer-General were references to a registered valuer.

(2)

In the case of any special valuation under this Part to which this section applies, the valuation is to be made not by the Valuer-General but by a registered valuer chosen in accordance with the following provisions:

(a)

the Māori Trustee (or the other legal owner, in a case where section 14(4) applies) must—

(i)

nominate a registered valuer to conduct the valuation; and

(ii)

notify the lessee in writing of the name of the registered valuer:

(b)

if the lessee does not object to the registered valuer within 14 days after being notified of the nomination, that valuer may conduct the valuation:

(c)

if the lessee does object within 14 days after the notification, and no agreement as to who should conduct the valuation can be reached, the valuation is to be conducted by a registered valuer nominated by the President of the New Zealand Institute of Valuers.

Section 32A: inserted, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 32A(2)(a): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

33 Notice of valuation and right of objection thereto

(1)

The Māori Trustee and the lessee shall have a right of objection to the Land Valuation Tribunal in respect of every valuation made under section 30.

(2)

As soon as practicable after making any special valuation under section 30, and upon the payment by the Māori Trustee of the fee for making the valuation, the registered valuer shall, unless the Māori Trustee otherwise specifies, serve not less than 3 copies of the certificate prepared under section 31 on the Māori Trustee.

(3)

The Māori Trustee shall thereupon serve a copy of the notice on the lessee, together with a notice that objections to the valuation to which the certificate relates may be lodged in the manner and within the time specified in the notice.

(4)

In every notice given by the Māori Trustee under subsection (3), the Māori Trustee shall fix the time within which objections to the valuation may be made, being in each case a period not less than 2 months after the date of the notice, and shall specify the office of the District Court in which objections shall be filed.

(5)

Nothing in this section shall be construed to prevent the Māori Trustee and the lessee waiving their respective rights of objection to the valuation to which the certificate relates, but, where the Māori Trustee and the lessee do not agree to waive their respective rights, the Māori Trustee shall file a copy of the certificate of valuation in the appropriate office of the District Court.

(6)

If the lessee or the Māori Trustee objects to any of the values as appearing in the certificate, he may, within the time specified in that behalf in the notice given by the Māori Trustee, file an objection to the valuation in the appropriate office of the District Court.

(7)

Every objection filed as aforesaid shall specify the several items to which the objection relates, and, with respect to each item, shall specify the grounds of the objection.

(8)

On the filing of any such objection by the lessee, the Registrar of the District Court shall forthwith give to the Māori Trustee and to the registered valuer who conducted the special valuation objected to notice of the filing of the objection and of the terms thereof, and, where the objection is filed by or on behalf of the Māori Trustee, the Registrar shall give a like notice to the lessee and to the registered valuer who conducted the special valuation objected to.

(9)

For the purposes of this section, the expression appropriate office of the District Court has the same meaning as in section 2 of the Land Valuation Proceedings Act 1948.

Section 33(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 33(1): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 33(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 33(2): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 33(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 33(4): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 33(4): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 33(5): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 33(5): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 33(6): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 33(6): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 33(8): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 33(8): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 33(8): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 33(9): replaced, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 33(9): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

34 Rents under renewable leases

(1)

Subject to Part 1 of the Maori Reserved Land Amendment Act 1997, the annual rent payable under a lease of urban land granted in form A of Schedule 2 in substitution for a former lease or under any renewed term of any lease in that form, shall be 4% of the unimproved value of the land as shown by the certificate of valuation prepared in accordance with the provisions of section 31 or as amended by the Land Valuation Tribunal as a result of objections made to the valuation.

(2)

Subject to Part 1 of the Maori Reserved Land Amendment Act 1997, the annual rent payable under a lease of rural land granted in form B of Schedule 2 in substitution for a former lease or under any renewed term of any lease in that form, shall be 5% of the unimproved value of the land as shown by the certificate of valuation prepared in accordance with the provisions of section 31 or as amended by the Land Valuation Tribunal as a result of objections to the valuation:

provided that the rent in respect of any renewed term shall not, subject to the provisions of section 36, be less than the minimum annual rent as prescribed in section 35.

Section 34(1): amended, on 1 January 1998, by section 33 of the Maori Reserved Land Amendment Act 1997 (1997 No 101).

Section 34(1): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 34(2): amended, on 1 January 1998, by section 33 of the Maori Reserved Land Amendment Act 1997 (1997 No 101).

Section 34(2): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

35 Minimum annual rent in leases of rural land

(1)

For the purposes of this Part the annual rent payable in respect of the last preceding term of a lease referred to in subsection (2) of section 34 shall be the minimum annual rent.

(2)

Where, for the purposes of this Part, it is necessary to ascertain the minimum annual rent of any land which is part only of the land comprised in a lease, the Māori Trustee shall apportion the minimum annual rent for the whole of the land as between the appropriate part thereof and the remainder in such manner as he thinks equitable; and the minimum annual rent so apportioned in respect of any part of the land shall, for the purposes of this Part, be the minimum annual rent for that part. Every such apportionment by the Māori Trustee shall be final and conclusive.

Section 35(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

36 Annual rent where minimum reduced because of uncontrollable deterioration

Where, pursuant to the provisions of section 53, the Land Valuation Tribunal has fixed the amount to represent the deterioration in the quality of the land through causes which were not reasonably within the control of the lessee or any former lessee, the annual rent payable under the new lease shall be the minimum annual rent, reduced by an amount equal to 5% of the amount fixed by the Land Valuation Tribunal to represent the deterioration in the quality of the land.

Section 36: amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

37 Lessee may require Māori Trustee to reduce minimum annual rent

Where the lessee under a lease in form B of Schedule 2 elects to take a renewed term thereof, and the annual rent for the renewed term calculated at the rate of 5% of the unimproved value of the land, as determined by the special valuation, is less than the minimum annual rent, the lessee may require the Māori Trustee to reduce the rent to an amount not less than the amount of the rent calculated as aforesaid or to an amount equal to four-fifths of the minimum annual rent, whichever amount is greater, on the ground that the quality of the land has deteriorated through causes which were not reasonably within the control of the lessee or of his predecessors in title; and, if the Māori Trustee refuses so to reduce the rent, he shall, as soon as practicable thereafter, refer the question to the Land Valuation Tribunal for determination in accordance with the provisions of section 53.

Section 37 heading: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 37: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 37: amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

38 Procedure when lessee does not accept renewal of a lease

Where the lessee elects not to accept a renewed term of a lease which is renewable in perpetuity, whether or not that lease is a prescribed lease, or fails to execute a memorandum of lease or a memorandum of extension of lease within 1 month after the same is tendered to him for the purpose, the right to a new lease of the land shall, as soon as practicable, be submitted to public competition by public tender, subject to the following terms and conditions:

(a)

the upset rent shall be the rent fixed for the term in accordance with the provisions of this Part or of the lease, as the case may require:

(b)

the amount of the upset rent, and the value of improvements as fixed by the special valuation under section 30, or as fixed in accordance with the lease, shall be stated in an advertisement calling for tenders:

(c)

the outgoing lessee shall be entitled to tender:

(d)

the highest tender (being not less than the upset rent) shall be accepted:

(e)

the successful tenderer, not being the outgoing lessee, shall, within 14 days after notice has been given to him that he has been declared the purchaser of the aforesaid right, pay to the Māori Trustee the amount of the value of the improvements fixed as aforesaid:

(f)

except in cases where the outgoing lessee is the purchaser, the Māori Trustee shall, when he has satisfied himself that the outgoing lessee has let the new lessee into quiet possession of the land and that none of the improvements which were thereon when the improvements were valued have been destroyed or appreciably damaged or depreciated, pay over to the outgoing lessee, or other person entitled to receive payment, the amount received by him from the new lessee in respect of improvements for which the outgoing lessee is entitled to be paid:

(g)

if, in any case where the purchaser is a person other than the outgoing lessee, any of the said improvements have been destroyed or appreciably damaged or depreciated, the value of the improvements so destroyed or, as the case may be, the cost of repairing or restoring any improvements so damaged or depreciated shall be determined by agreement between the Māori Trustee and the outgoing lessee, or, in default of agreement, by the Land Valuation Tribunal, and the amount so determined, together with the amount of any costs, charges, or expenses incurred by the Māori Trustee in or about the determination, shall be deducted from the amount payable as aforesaid to the outgoing lessee or other person entitled to receive payment, and the amount deducted, except so much thereof as has been deducted for costs, charges, or expenses, which shall be retained by the Māori Trustee, shall be returned by the Māori Trustee to the new lessee.

Section 38(e): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 38(f): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 38(g): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 38(g): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

39 Procedure where right to new lease not purchased

(1)

If the right to a new lease is not purchased under section 38, or if the purchaser, not being the outgoing lessee, fails to pay to the Māori Trustee within the time limited in that behalf the amount of the value of improvements, or if the purchaser fails to execute the memorandum of lease within 1 month after the memorandum is tendered to him for the purpose, the Māori Trustee may at any time thereafter, and from time to time as often as he thinks it necessary so to do, or until a tender has been accepted, submit to public competition by public tender a right to a new lease of the land at such rent, and subject to the payment of such sum for the value of improvements, as the Māori Trustee may determine, but otherwise on the terms and conditions prescribed in section 38.

(2)

Where a right to a new lease has been submitted to public competition by public tender under this section, and the amount received by the Māori Trustee as the value of the improvements is less than the amount of the value of the improvements as fixed by the special valuation, or as fixed in accordance with the lease, the lessee shall accept the amount received by the Māori Trustee, subject to any deduction made in accordance with the provisions of section 38, in full satisfaction of the amount due to him for improvements.

Section 39(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 39(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

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

In offering for public competition the right to a new lease, the Māori Trustee may impose a condition that the right to take possession under the new lease shall commence on 1 January or 1 July in the appropriate year.

Section 40: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

41 Until new lease commences, former lease deemed to continue

Until the date of commencement of a new lease granted under section 38 or section 39, the lessee under the former lease which has not been renewed may continue to occupy the land so long as he pays the rent reserved by the former lease as aforesaid and performs and observes the covenants and conditions contained or implied therein.

Section 41: amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

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

(1)

Subject to the provisions of this Act, every lessee who holds under a renewable lease of any Maori reserve or township land and who elects not to take, in accordance with the provisions of section 28, a prescribed lease shall, if he is in no way in default in respect of his duties and obligations under his lease, be entitled to have his lease renewed, or to have his rights otherwise determined, as nearly as may be in accordance with the terms, covenants, and conditions of the lease for the last expired term.

(2)

Where in any subsisting renewable lease there is a provision to the effect that the ground rent for a renewed term shall be ascertained by a valuer appointed by the Māori Trustee, the ground rent, instead of being ascertained as aforesaid, shall be ascertained by arbitration conducted by 2 arbitrators, one of whom shall be appointed by the lessee, and the other by the Māori Trustee, and an umpire to be appointed by the arbitrators. Every such arbitration shall be conducted in accordance with section 82, and the provisions of that section, as far as they are applicable and with the necessary modifications, shall apply accordingly.

(3)

In granting a renewed term of any lease to which the provisions of subsection (2) are applicable the Māori Trustee may amend the lease in such a manner as to disclose in the lease the method of ascertaining the ground rent.

Section 42(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 42(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

42A Surrender of leases

(1)

Notwithstanding the foregoing provisions of this Act, the Māori Trustee may at any time accept a surrender of a subsisting lease of any land that is subject to the provisions of this Act.

(2)

Any surrender of lease may be upon such terms and conditions as the Māori Trustee thinks fit:

provided that, where the subsisting lease is subject to a mortgage, no surrender of that lease shall be accepted by the Māori Trustee without the consent of the mortgagee.

(3)

Upon surrender of any lease under this section, the Māori Trustee may lease any land formerly subject to such lease, on such terms and conditions, and whether by way of public auction, public tender, or private contract, as he thinks fit.

Section 42A: inserted, on 19 January 1981, by section 6 of the Maori Purposes Act 1980 (1980 No 67).

Section 42A(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 42A(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 42A(2) proviso: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 42A(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Jurisdiction of Land Valuation Tribunal

Heading: amended, on 1 September 1977, pursuant to section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

43 Objections to valuations

All objections to valuations made under section 30 shall be heard and determined in the Land Valuation Tribunal.

Section 43: amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

44 Hearing and determinations of objections

(1)

In hearing and determining any objection, the Land Valuation Tribunal shall proceed as nearly as may be as if it were hearing and determining an objection to a valuation under the Valuation of Land Act 1951.

(2)

If, on the hearing of any objection, the Land Valuation Tribunal makes any alteration in the valuation, it shall make all such consequential alterations as are necessary for the purpose of fixing the capital and unimproved values and the value of improvements.

Section 44(1): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 44(2): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

45 Proceedings in relation to destroyed or damaged improvements

Any proceedings brought under section 38 for a determination in relation to the value of any improvements appreciably damaged or destroyed, or the cost of repairing or restoring any such improvements, shall be commenced by the filing of a notice of motion by the Māori Trustee accompanied by a statement setting forth the nature and extent of the improvements which have been damaged or destroyed, the value of those improvements as estimated by the Māori Trustee and the lessee respectively, or the cost of repairing or restoring the same as estimated by the Māori Trustee and the lessee respectively, and such other particulars as may appear to be relevant to the issue.

Section 45: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

46 Notification of amendments

The Registrar of the District Court in which the proceedings were filed shall notify the Māori Trustee and the lessee of every decision of the Land Valuation Tribunal and shall also notify the registered valuer who conducted the special valuation objected to of every decision of the Tribunal made in relation to any valuation. In any case where any alteration has been made in any valuation by the Tribunal, the Registrar shall require the Māori Trustee and the lessee, after the time for appeal as provided in section 47 has expired, to deliver up for amendment the copies of any certificate of valuation held by them and shall amend the copies so that they shall accord with the decision of the Tribunal.

Section 46: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 46: amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 46: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 46: amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

47 Appeal to High Court from Tribunal’s determination

(1)

Within 2 months after the date of the receipt of the notice given under section 46 the Māori Trustee, or the lessee, may appeal to the Valuation Court from any determination of the Land Valuation Tribunal.

(2)

Every such appeal shall be by way of rehearing.

Section 47 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 47 heading: amended, on 1 September 1977, pursuant to section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 47(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 47(1): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

48 Appeals by notice of motion

(1)

Every appeal to the Valuation Court shall be brought by notice of motion filed in the office of the District Court in which the proceedings are filed, and setting out the grounds upon which the appeal is based.

(2)

Where the appeal is from part only of the Tribunal’s determination, the notice of motion shall specify the part of the decision appealed against.

Section 48(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 48(2): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

49 Service of notice of motion

A copy of the notice of motion shall be served by the lessee on the Māori Trustee where the lessee is the appellant, and by the Māori Trustee on the lessee where the Māori Trustee is the appellant; and, in either case, a duplicate of the notice of motion shall be served on the registered valuer who conducted the special valuation objected to.

Section 49: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 49: amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

50 Cross appeals

(1)

It shall not be necessary for the Māori Trustee in the case where the lessee appeals, or for the lessee in the case where the Māori Trustee appeals, to give notice by way of cross appeal; but if the party not appealing intends upon the hearing of the appeal to contend that the determination of the Land Valuation Tribunal should be varied, that party shall give to the other party notice of his intention so to contend.

(2)

The omission to give any such notice within a reasonable time shall not diminish the powers of the Valuation Court, but may, at the discretion of the court, be a ground for the adjournment of the appeal or for a special order as to costs.

Section 50(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 50(1): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

51 Chairman of Tribunal to prepare report

(1)

On the filing of a notice of motion on appeal under this Part, the Chairman of the Land Valuation Tribunal whose determination is appealed from shall, unless a written decision embodying reasons for that decision has been given by the Tribunal, forthwith prepare for the Valuation Court a report setting out the reasons for the Tribunal’s determination.

(2)

A copy of any report so prepared shall be transmitted by the Registrar of the Valuation Court to the Māori Trustee and to the lessee of the land affected, and to the registered valuer who conducted the special valuation objected to.

Section 51 heading: amended, on 1 September 1977, pursuant to section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 51(1): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 51(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 51(2): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

52 Court may affirm or vary determination

(1)

On the hearing of any appeal under this Part the Valuation Court may affirm, vary, or annul the determination appealed against and may make any such other order as it considers just in the circumstances.

(2)

Where the Valuation Court makes any alteration in a valuation it shall make all such consequential amendments as are necessary for the purpose of fixing the capital and unimproved values and the values of improvements.

(3)

The provisions of section 46 shall, with the necessary modifications, extend and apply to the decision of the Valuation Court, and to the amendment of the copies of the appropriate certificate of valuation held by the Māori Trustee and the lessee.

Section 52(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

53 Determination as to uncontrollable deterioration

(1)

Any reference to the Land Valuation Tribunal of any question relating to deterioration under section 37 shall be by way of application by the Māori Trustee.

(2)

Every such application shall be heard and determined by the Land Valuation Tribunal, and that Tribunal shall, subject to the provisions of subsection (3), fix the amount (if any) which in its opinion represents the deterioration in the quality of the land.

(3)

For the purposes of any determination under this section the Land Valuation Tribunal shall presume that the quality of the land had not deteriorated at the date of the commencement of the last preceding term of the lease and shall calculate the amount to represent the deterioration in the quality of the land by reference to that date and not any earlier date:

provided that in fixing the amount to represent the deterioration in the quality of the land the Tribunal shall not fix a sum greater than 20% of the unimproved value of the land ascertained by the special valuation made for the purpose of fixing the rent for the last preceding term of the lease.

(4)

In any proceedings under this section the onus of proving that the quality of the land has deteriorated through causes not reasonably within the control of the lessee or any former lessee, and the extent of that deterioration, shall be on the lessee.

Section 53(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 53(1): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 53(2): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 53(3): amended, on 1 September 1977, pursuant to section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 53(3) proviso: amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

54 Costs

The Land Valuation Tribunal shall have power to make such order as to costs in respect of any proceedings before it under this Part as it thinks proper, but in no case shall costs be awarded against the Valuer-General.

Section 54: amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

55 Ordinary practice and procedure to apply

Subject to the foregoing provisions of this Part, the practice and procedure of the Land Valuation Tribunal in the exercise of the jurisdiction conferred upon it by this Part shall, as nearly as may be, be the same as in the exercise of its ordinary jurisdiction, and all the provisions of the Land Valuation Proceedings Act 1948 and of the rules made thereunder shall apply accordingly.

Section 55: amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 55: amended, on 1 April 1969, pursuant to section 3(3) of the Land Valuation Proceedings Amendment Act 1968 (1968 No 42).

56 Valuer-General’s right of audience

(1)

In any proceedings taken in the Land Valuation Tribunal in relation to any valuation made by a registered valuer for the purpose of this Part the registered valuer shall have the same right of audience, whether by counsel or otherwise, as any party to the proceedings and shall have the right to call witnesses and to cross-examine witnesses called by the parties.

(2)

Any expenses incurred by the Valuer-General in respect of any proceedings under this Part in the Land Valuation Tribunal commenced before 1 July 1998 shall be paid out of money appropriated by Parliament for the purpose.

Section 56(1): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 56(1): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 56(2): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 56(2): amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

57 Land Valuation Tribunal to have exclusive jurisdiction

Subject to the provisions of this Part, no proceedings in respect of any matter, provision for the hearing and determination of which is made by this Act shall be brought otherwise than before a Land Valuation Tribunal, but nothing in this Act shall be construed to prevent the exercise by the Valuation Court in any proceedings under this Act of its power under section 18 of the Land Valuation Proceedings Act 1948 to state a case for the opinion of the Court of Appeal.

Section 57 heading: amended, on 1 September 1977, pursuant to section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 57: amended, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Section 57: amended, on 1 April 1969, pursuant to section 3(3) of the Land Valuation Proceedings Amendment Act 1968 (1968 No 42).

Part 4 Provisions with respect to leases of settlement reserves

58 Interpretation

In this Part, unless the context otherwise requires,—

Committee means the Valuation Appeal Committee constituted under this Part

renewable lease means a lease which is renewable in accordance with the provisions of section 61.

59 Māori Trustee may lease unleased settlement reserves

The Māori Trustee may lease any settlement reserve which is not for the time being subject to any subsisting lease on such terms and conditions as he thinks fit, and whether by way of public auction, public tender, or private contract.

Section 59 heading: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 59: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

60 Renewal of subsisting leases

Subject to the provisions of this Act, every lessee who holds under a renewable lease of a settlement reserve shall, if he is in no way in default in respect of his duties and obligations under his lease, be entitled to have his lease renewed as nearly as may be in accordance with the terms, covenants, and conditions of the lease for the last expired term.

61 Renewable leases

Except so far as may be otherwise provided therein, every lease of a settlement reserve which is subsisting at the commencement of this Act and which confers on the lessee a right of renewal shall be renewable for periods of 21 years in perpetuity in accordance with the provisions of this Part.

62 Minimum annual rent

(1)

For the purposes of this Part the expression minimum annual rent shall, subject to the provisions of section 63, mean:

(a)

in relation to any renewable lease the original term of which commenced before 1 January 1913, and which before the commencement of this Act has been renewed for 1 or more terms, the annual rent reserved by the lease at the commencement of the term of years created on the first renewal thereof:

(b)

in relation to any renewable lease the original term of which commenced after 31 December 1912, the annual rent reserved by the lease at the commencement of the original term thereof.

(2)

For the purposes of this section, the expired term of any renewable lease which has been surrendered or otherwise determined and the term of any lease (whether as to the whole or portion of the land comprised in the surrendered or determined lease) granted in substitution for the surrendered or determined lease, shall be reckoned together as 1 term.

(3)

Where for the purposes of this Part it is necessary to ascertain the minimum annual rent in respect of the land in a lease which is part only of the land which was comprised in the original lease at the commencement of the first term thereof or at the commencement of a subsequent renewal thereof, as the case may require, the Māori Trustee shall apportion, as between the part aforesaid and the remainder of the land, in such manner as he thinks equitable, the minimum annual rent for the whole of the land; and the rent so apportioned to the part aforesaid shall be the minimum annual rent in respect of that part. Every such apportionment by the Māori Trustee shall be final and conclusive.

Section 62(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

63 Minimum rent in cases of uncontrollable deterioration

(1)

Where the Committee has, pursuant to the provisions of section 75, fixed the amount by which the unimproved value has depreciated through causes which were not reasonably within the control of the lessee or his predecessors in title, the annual rent for the renewed term of the lease shall be 5% of the unimproved value as ascertained under subsection (2) of the said section 75, reduced by the amount so fixed by the Committee.

(2)

Where the annual rent for any lease is fixed pursuant to this section, the rent shall, notwithstanding anything contained in section 62, be deemed to be the minimum annual rent for the purposes of any subsequent renewal of the lease until a lower minimum annual rent is fixed pursuant to the provisions of this Part.

64 Valuations for renewal of leases

(1)

Not earlier than 1 year and not later than 6 months before the expiry of the term of any renewable lease, the Māori Trustee (or other legal owner, where section 14(4) applies) must arrange for a special valuation of the land comprised in the lease as at the date of the expiring term.

(2)

For the purpose of the valuation, the Māori Trustee (or other legal owner, where section 14(4) applies) must—

(a)

nominate a registered valuer to conduct the valuation; and

(b)

notify the lessee in writing of the name of the registered valuer.

(3)

If the lessee does not object to the registered valuer within 14 days after being notified of the nomination, that valuer may conduct the valuation.

(4)

If the lessee does object within 14 days after the notification, and no agreement as to who should conduct the valuation can be reached, the valuation is to be conducted by a registered valuer nominated by the President of the New Zealand Institute of Valuers.

Section 64: replaced, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 64(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 64(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

65 Certificate of valuation to be prepared

(1)

On the making of a special valuation as aforesaid the registered valuer shall cause to be prepared a certificate setting forth the following particulars:

(a)

the name of the lessee;

(b)

the situation, description, and area of the land;

(c)

the nature and value of improvements thereon;

(d)

the unimproved value of the land; and

(e)

the capital value of the land.

(2)

For the purposes of this section the expressions improvements, value of improvements, unimproved value, and capital value shall have the meanings assigned to them by the Valuation of Land Act 1951 (as in force before its repeal by section 53 of the Rating Valuations Act 1998), and every valuation made under section 64 shall be made in the same manner as if it were a valuation under that Act.

(3)

Notwithstanding anything contained in any other Act or rule of law, the expressions improvements and unimproved value shall, for the purposes of valuations to be made under this Part, continue to have the same meanings as are assigned to them at the commencement of this Act by the Valuation of Land Act 1951, unless the Act by which any amendment of either of those expressions is made expressly provides that the amendment shall apply in the case and for the purposes of valuations made under this Part.

Section 65(1): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 65(2): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

66 Notice of valuations and right of objection thereto

(1)

The registered valuer must provide both the Māori Trustee and the lessee with a copy of the certificate of valuation prepared under section 65.

(2)

Where the Māori Trustee or the lessee desires to object to any of the values set out in the said certificate, he shall, within 2 months after service on him of that certificate, give notice in writing of his objection to the Committee and shall set out therein the grounds of his objection. A copy of the notice of objection shall forthwith be transmitted by the Committee to the lessee where the objection is made by the Māori Trustee, and to the Māori Trustee where the objection is made by the lessee.

(3)

If within the said period of 2 months the Māori Trustee or the lessee neglects or fails to lodge any objection as aforesaid, he shall be deemed to have agreed to the values set out in the said certificate. If the Māori Trustee or the lessee gives notice of objection as aforesaid within the said period of 2 months, the objection shall be heard and determined by the Committee as hereinafter provided.

Section 66(1): replaced, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 66(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 66(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 66(2): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 66(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

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

(1)

If no objection is made to the special valuation within the said period of 2 months, the Māori Trustee shall, as soon as practicable thereafter, give notice in writing to the lessee requiring him to elect within 1 month after the receipt of the notice whether he will accept a renewal of his lease commencing on the day next following the day of the expiry of the preceding term at an annual rent equal to 5% of the unimproved value of the land as determined by that valuation or at the minimum annual rent, whichever is the greater.

(2)

Where the annual rent calculated at the rate of 5% of the unimproved value of the land as determined by the special valuation is less than the minimum annual rent, the lessee, in electing to take a renewal of his lease, may require the Māori Trustee to reduce the rent to an amount being not less than that lower amount on the ground that the depreciation or part thereof in the unimproved value of the land was due to causes which were not reasonably within the control of the lessee or of his predecessors in title; and, if the Māori Trustee refuses so to reduce the rent, he shall, as soon as practicable thereafter, refer that question to the Committee for determination in accordance with the provisions of section 75.

(3)

If the lessee fails within the said period of 1 month to give to the Māori Trustee notice of his election as aforesaid, he shall be deemed to have elected to accept a renewal of his lease at the annual rent specified in the notice given to him by the Māori Trustee.

Section 67(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 67(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 67(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

68 Procedure after objection determined

(1)

The Māori Trustee shall, when an objection to any valuation has been determined by the Committee in accordance with the provisions of this Part, give notice in writing to the lessee requiring him to elect within 1 month after the receipt of the notice whether he will accept a renewal of his lease at an annual rent equal to 5% of the unimproved value of the land as determined by the Committee, or at the minimum annual rent, whichever is the greater.

(2)

The provisions of subsections (2) and (3) of section 67 and of section 69 shall, as far as they are applicable and with the necessary modifications, apply to every notice given under subsection (1) and to the rights of the lessee and the Māori Trustee in relation to the renewal lease in all respects as if no objection to the valuation had been made.

Section 68(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 68(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

69 Procedure where lessee does not accept renewal

Where the lessee elects not to accept a renewal of his lease, or fails to execute a memorandum of lease or a memorandum of extension of lease, as the case may be, within 14 days after the same has been tendered to him for the purpose, the right to a renewable lease of the land shall, as soon as practicable, be put up to public competition by public tender in the manner provided by section 38, and all the provisions of that section and of sections 39, 40, and 41 shall, with the necessary modifications, extend and apply to any lease put up to public competition as aforesaid, and to the rights of the former lessee.

Jurisdiction of Valuation Appeal Committee

70 Valuation Appeal Committee

(1)

There is hereby constituted for the purposes of this Part a committee to be known as the Valuation Appeal Committee.

(2)

The Committee shall consist of:

(a)

1 member to be appointed on the nomination of the Minister of Justice in consultation with the Minister of Maori Affairs:

(b)

1 member to be appointed on the nomination of the Māori Trustee:

(c)

1 member to be appointed on the nomination of the Executive Committee of the West Coast Settlement Reserves Lessees Association.

(3)

The members of the Committee shall be appointed by the Governor-General and shall hold office during his pleasure. If any member dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made.

(4)

No person shall be eligible to be appointed or to remain as a member of the Committee who is a beneficial owner of any settlement reserve or who has any estate or interest in any lease of any such reserve, whether as lessee, mortgagee, trustee, or otherwise howsoever; nor shall any person act as a member of the Committee under paragraph (a) of subsection (2) on the hearing of an objection to any valuation made by him or which he assisted to make. If any person becomes disqualified as a member of the Committee under the foregoing provisions of this subsection, he shall vacate his office, and the vacancy shall be filled in the manner in which the appointment to that office was originally made.

Section 70(2)(a): replaced, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 70(2)(b): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

71 Remuneration and allowances of members of Committee

(1)

The Committee is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

(2)

There shall be paid to the members of the Committee remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

(3)

The following provisions shall apply in respect of any payment under this section:

(a)

the remuneration, allowances, and expenses of any member appointed on the nomination of the Minister of Justice in consultation with the Minister of Maori Affairs who is not an officer of the Public Service are to be paid without further appropriation than this section out of such account as those Ministers determine:

(b)

the remuneration, allowances, and expenses of the members other than the Chairman shall be paid by the Māori Trustee and shall, as to the remuneration, allowances, and expenses of the member nominated by the said Executive Committee, be recoverable as a debt in any court of competent jurisdiction from the lessee under the lease concerned.

Section 71(3)(a): replaced, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Section 71(3)(b): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

72 Certain costs of administration to come out of appropriated money

Subject to the provisions of section 71, the expenses incurred in relation to the discharge of the functions of the Committee shall be paid out of money appropriated by Parliament for the purpose.

73 Procedure of Committee

(1)

The Committee shall meet for the despatch of business at such times and places as it thinks fit.

(2)

All the members of the Committee shall be present at every meeting of the Committee.

(3)

The member appointed on the nomination of the Minister of Justice in consultation with the Minister of Maori Affairs shall be the Chairman of the Committee and shall preside at every meeting thereof.

(4)

Every question before the Committee shall be decided by a majority of the votes of the members or, failing a majority, by the Chairman.

(5)

Subject to the provisions of this Act, the Committee shall determine its own procedure.

Section 73(3): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

74 Objections to valuations to be heard by Committee

(1)

All objections to valuations under this Part shall be heard and determined by the Committee.

(2)

On the hearing and determination of any objection the Committee may confirm the valuation to which objection has been made or make such alterations in the valuation as it thinks proper, together with all such consequential amendments as may be necessary for the purpose of fixing the unimproved and capital values of the land and the value of improvements thereon.

(3)

The Committee shall, within the scope of its jurisdiction, be deemed a commission under the Commissions of Inquiry Act 1908, and all the provisions of that Act shall apply thereto accordingly; but nothing contained in that Act shall authorize the Committee to cite the Crown as a party to any proceedings before the Committee or to award costs against the Crown or any such officer.

(4)

The Committee may receive as evidence any statement, document, information, or matter that in the opinion of the Committee may assist it to deal effectually with the matters before it, whether or not the same would be otherwise admissible in a court of law.

(5)

Proceedings before the Committee shall not be held bad for want of form, and no appeal shall lie from any decision of the Committee, nor, except on the ground of lack of jurisdiction, shall any proceeding or decision of the Committee be challenged, reviewed, quashed, or called in question in any court.

Section 74(3): amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

75 Determination as to uncontrollable deterioration

(1)

Where the lessee in electing to take a renewed term of his lease has, in accordance with the provisions of section 67, required the Māori Trustee to reduce the rent below the minimum annual rent on the ground that, since the date by reference to which the minimum annual rent has been ascertained, the unimproved value of the land has depreciated due to causes which were not reasonably within the control of the lessee or of his predecessors in title, and the Māori Trustee has referred that question to the Committee for determination, the Committee shall fix the amount (if any) by which the unimproved value of the land has depreciated through any such cause. The onus of proving that the unimproved value has so depreciated and the extent of that depreciation shall be on the lessee.

(2)

For the purpose of fixing the amount by which the unimproved value of the land has depreciated since the date by reference to which the minimum annual rent has been ascertained, the unimproved value of the land at that date shall be deemed to be the minimum annual rent capitalized at 5%.

Section 75(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

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

Section 76: repealed, on 1 July 1998, by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).

Part 5 General provisions with respect to leases of reserved land

77 Lands held in trust for different owners may be comprised in 1 lease

In the exercise of his powers of leasing under this Act the Māori Trustee may comprise in the same lease 2 or more parcels of land held by him in trust for different owners, and in any such case the rent and other moneys receivable by the Māori Trustee in respect of that lease shall be from time to time apportioned by the Māori Trustee between those owners in such manner as he deems just and equitable.

Section 77: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

78 Registration of leases

(1)

Upon the production of any lease of any reserved land, duly executed by the lessee and the Māori Trustee, and the payment of the appropriate fee, the District Land Registrar shall register the same, and shall, in his discretion, either:

(a)

embody the lease in the register as a folium thereof; or

(b)

issue a certificate of title under section 66 of the Land Transfer Act 1952, for the lessee’s estate or interest.

(2)

Upon the registration of any such lease the estate or interest of the lessee shall be deemed to be land subject to the provisions of the Land Transfer Act 1952.

(3)

Before registering any lease under this section the District Land Registrar may require a plan of the land to be deposited in the Land Registry Office in accordance with the provisions of section 167 of the Land Transfer Act 1952.

(4)

Any lease granted by the Māori Trustee in respect of any reserved land which is in substitution for a prior lease of the land or is a renewal of any lease shall be deemed to be subject to all existing encumbrances, liens, and interests (if any) registered against that prior lease or the lease to be renewed, and, notwithstanding anything contained in the Land Transfer Act 1952, the District Land Registrar shall register against the substituted lease or the certificate of title for the leasehold interest, as the case may be, all such encumbrances, liens, and interests accordingly in order of their registered priority.

Section 78(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 78(4): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

79 Adjoining areas may be incorporated in existing lease

(1)

Where the lessee of any area of reserved land and the Māori Trustee have agreed that any other area of reserved land should be incorporated in the lease, the Māori Trustee may execute a certificate setting forth particulars of the area of the land to be incorporated in the lease, the increase in rent, and other particulars appropriate to the circumstances, and shall endorse thereon a plan of the area to be incorporated in the lease.

(2)

Any such certificate shall have effect as if it were a memorandum of variation under section 116 of the Land Transfer Act 1952, and the provisions of that section shall, with the necessary modifications, extend and apply to any such certificate accordingly.

(3)

The powers conferred by this section shall not be exercised in respect of a lease which is subject to a mortgage except with the consent of the mortgagee.

Section 79(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

80 Implied covenants in leases of reserved land

In every lease of reserved land which is subsisting at the commencement of this Act, and in every lease of which the subsisting lease is a renewal and in every lease granted in renewal of a subsisting lease, there shall be implied, and be deemed always to have been implied covenants to the following effect:

(a)

that the lessee will not assign, sublet, or part with the possession of the demised land or any part thereof without the consent of the lessor in writing first had and obtained:

provided that any such consent shall not be unreasonably or arbitrarily withheld in the case of a reputable assignee, subtenant, or under-lessee:

(b)

that the lessee will during the term, and as and when the same shall become due and payable, duly and punctually pay and discharge all rates, taxes, charges, (including electric light and power charges), and assessments (other than landlord’s land tax) which during the term may be rated, taxed, charged, assessed, or made payable in respect of the said land or upon the lessor or lessee, and will keep the lessor fully indemnified against all liability in respect thereof.

81 Rights of tenants in common

Where any lease of reserved land which is renewable is held by 2 or more lessees as tenants in common and any 1 or more of those lessees elects not to accept a renewed term of the lease or fails to execute a memorandum of lease or a memorandum of extension of lease within the time limited in that behalf, that election or failure, as the case may be, shall in no way affect the rights of the other tenants in common, and the Māori Trustee may grant a renewed term to the tenants in common to the exclusion of any 1 or more of them who has made an election not to accept a renewed term or has failed to execute a memorandum of lease or a memorandum of extension of lease as aforesaid.

Section 81: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

82 Submissions to arbitration

(1)

Where in any lease of reserved land it is provided that any matter or question arising thereunder shall be determined by arbitration, any such arbitration shall, subject to any express stipulation contained in the lease, and to the provisions of this section, be conducted by 2 arbitrators, one of whom shall be appointed by the lessee, and the other by the Māori Trustee, and an umpire to be appointed by the arbitrators.

(2)

Where either party to the arbitration fails to appoint an arbitrator within 21 days after being requested so to do by the other party, the arbitrator appointed by the other party shall alone conduct the arbitration, and his decision shall be binding on both parties.

(3)

If the arbitrators fail to agree upon the matter referred to them within 28 days of the same having been so referred to them, the matter so referred shall be determined by an umpire to be appointed by the arbitrators, and the decision of the umpire shall be final and binding on both parties.

(4)

Each party to an arbitration shall pay the costs, charges, and expenses of the arbitrator appointed by him, and the costs, charges, and expenses of the umpire shall be borne equally between the parties.

(5)

Every arbitration under this section shall be carried on in the manner prescribed by the Arbitration Act 1996, and the provisions of that Act shall, subject to the provisions of this section, extend and apply to any such arbitration and to the arbitrators and the umpire.

(6)

Nothing in this section applies to any dispute or difference relating to the provisions implied in a lease by Part 1 of the Maori Reserved Land Amendment Act 1997.

Section 82(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 82(5): amended, on 1 July 1997, pursuant to section 18 of the Arbitration Act 1996 (1996 No 99).

Section 82(6): inserted, on 1 January 1998, by section 33 of the Maori Reserved Land Amendment Act 1997 (1997 No 101).

83 Fees, costs, and expenses

(1)

The fees incurred in or about the making of any special valuation under this Act for the purposes of the renewal of any lease or a substituted lease granted pursuant to the provisions of section 28 shall be borne in equal shares by the Māori Trustee and the lessee.

(2)

The fees incurred in or about the making of any special valuation under this Act for the purposes of a substituted lease other than a substituted lease granted pursuant to section 28, and the costs, charges, and expenses incurred in or about the preparation, stamping, and registration of any lease, or of any memorandum of extension or variation of any lease, shall be borne by the lessee.

Section 83(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

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

In respect of the lease of any reserved land which immediately before the commencement of this Act was subject to the Westland and Nelson Maori Reserves Act 1887, the Māori Trustee may, in any case where the land to which the lease relates is held, used, or occupied for religious, charitable, or educational purposes, other than for schools carried on for pecuniary gain or profit, and for so long as the land is held, used or occupied as aforesaid, reduce the rent payable under the lease to a nominal amount or to such other amount as he thinks reasonable in the circumstances.

Section 84 heading: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 84: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Part 6 General

Disposition of township land

85 Township land may be sold to Crown

(1)

The Māori Trustee may, with the precedent consent in writing of the beneficial owners, or of their trustees, in the case of owners under disability, sell to the Crown any township land, or any undivided share or interest in any such land; and all the provisions of Part 21 of the Maori Affairs Act 1953 (relating to the purchase of Maori land by the Crown) shall apply accordingly.

(2)

The Crown may, in accordance with the provisions of section 259 of the Maori Affairs Act 1953, acquire any township land; and all the provisions of Part 21 of the Maori Affairs Act 1953 shall apply to any such acquisition accordingly.

(3)

Notwithstanding anything contained in Part 2, the Māori Trustee may, with respect to any beneficial freehold interest acquired by him pursuant to that Part in any township land, join in any sale effected under this section.

Section 85(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 85(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

86 Township land may be sold to private persons

(1)

The Māori Trustee may, with the precedent consent in writing of the beneficial owners, or of their trustees in the case of owners under disability, or in pursuance of a resolution of the assembled owners under Part 23 of the Maori Affairs Act 1953, sell to any person any township land.

(2)

Any such sale may be effected by way of private contract, public auction, or public tender.

(3)

Where any such sale is effected pursuant to a resolution of the assembled owners all the provisions of Part 23 of the Maori Affairs Act 1953 shall, as far as they are applicable, and with the necessary modifications, apply thereto.

(4)

Notwithstanding anything contained in Part 2, the Māori Trustee may, with respect to any beneficial freehold interest acquired by him pursuant to that Part in any township land, join in any sale effected under this section.

Section 86(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 86(4): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

87 Township land may be vested in owners

(1)

Where the Minister is satisfied that any township land is no longer required for that purpose he may apply to the court for an order declaring the land to be no longer subject to the provisions of this Act, and the court may make an order accordingly.

(2)

Except with the consent of the Chief Surveyor for the land district within which the township land is situated, no order shall be made under this section in respect of any land that is comprised in a public road. Where an order is made in respect of any such land, the land shall cease to be a road or part of a road as the case may be.

(3)

Except with the consent of the Minister of Conservation, no order shall be made under this section in respect of any land that is comprised in a public reserve vested in the Crown. Where an order is made in respect of any such land, the land shall cease to be a public reserve or part of a public reserve, as the case may be, and shall cease to be subject to the provisions of the Reserves Act 1977.

(4)

Where the court makes an order under this section in respect of any land it may, by the same or a subsequent order, vest the land in the person or persons found by the court to be entitled thereto, for a legal estate in fee simple, and, if more than 1, as tenants in common in the relative shares or interests determined by the court.

(5)

The provisions of this section shall, as far as they are applicable, apply with respect to any township land which, if it were not township land would be customary land, and for the purposes of this section the court may exercise in respect of any such land the powers and jurisdiction conferred upon it by the Maori Affairs Act 1953 in respect of customary land.

(6)

No order made by the court under this section shall affect any valid lease, mortgage, charge, or other encumbrance to which the land is subject at the date of the making of the order, or the right of any person to enforce any valid contract made with respect to the land before that date.

(7)

The District Land Registrar is hereby authorized and directed to make all such alterations and amendments in the register, and to issue such new certificates of title, as may be necessary to give effect to any order made by the court pursuant to the provisions of this section.

Section 87(3): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 87(3): amended, on 1 April 1978, pursuant to section 125(1) of the Reserves Act 1977 (1977 No 66).

Miscellaneous

88 Māori Trustee to distribute capital moneys to owners of reserved land

Where any reserved land is held by the Māori Trustee upon trust to pay the rents or other income arising therefrom to the beneficial owners thereof, the Māori Trustee shall, notwithstanding anything contained in any declaration of trust or other instrument relating to the reserved land, distribute to the beneficial owners thereof, after deducting therefrom all his lawful charges and expenses, all capital moneys arising from the land, whether as purchase money, compensation, royalties, or otherwise.

Section 88 heading: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 88: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

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

Notwithstanding the provisions of sections 9 and 88, on application by the beneficial owners and with the prior consent of the Minister, the Māori Trustee may sell any part of the Maori reserves in the Wellington Provincial District known as the reserved tenths; and he may retain all capital money arising therefrom, whether purchase money, compensation, royalties, or otherwise, and apply the same in the acquisition of other land to be held for the same purposes and in the erection of buildings thereon or on other of the said reserves retained by him.

Section 88A: inserted, on 14 December 1979, by section 18 of the Maori Purposes Act 1979 (1979 No 136).

Section 88A: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

89 Trust for Auckland and Onehunga Hostels Endowment

(1)

The Māori Trustee may, from time to time, apply any income or other money derived from the Maori reserve commonly known as the Auckland and Onehunga Hostels Endowment (in this section referred to as the trust land) for all or any of the following purposes:

(a)

the purchase, taking on lease, or acquisition in any other manner of any land for the purpose of providing and maintaining buildings for the accommodation of Maoris or their descendants:

(b)

the erection, replacement, repair, upkeep, maintenance, equipping, and furnishing of any building provided for the accommodation of Maoris or their descendants, whether on the trust land or on land acquired pursuant to the provisions of paragraph (a):

(c)

the making of grants towards the erection, replacement, repair, upkeep, maintenance, equipping, and furnishing of any building, wheresoever situated, which, in the Māori Trustee’s opinion, is used principally for the provision of accommodation or shelter of Maoris or their descendants:

(d)

the making of grants towards the provision and maintenance (including the payment of existing debts) of any marae, community centre, sports ground, or cultural centre, or other centre of a similar nature, which in the Māori Trustee’s opinion is or will be principally or substantially used by Maoris or the descendants of Maoris.

(2)

Any land acquired by the Māori Trustee under this section and any part of the trust land upon which any building as aforesaid is erected may be sold, let, leased, subleased, or otherwise disposed of by the Māori Trustee upon such terms and conditions as he thinks fit:

provided that no such land shall be sold by the Māori Trustee without the consent of the Minister.

(3)

The trusts declared by this section are in substitution for the trusts subsisting in respect of the trust land immediately before the commencement of this Act.

Section 89(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 89(1)(c): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 89(1)(d): inserted, on 17 December 1971, by section 4 of the Maori Purposes Act 1971 (1971 No 151).

Section 89(1)(d): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 89(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 89(2) proviso: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

90 Nelson Tenths Benefit Fund

(1)

The Māori Trustee may retain an amount not exceeding one-quarter of the annual rents and proceeds of the Maori reserves in the Nelson Provincial District and known as the reserved tenths for the purposes of a benefit fund to be administered in accordance with the provisions of this section.

(2)

The money in the benefit fund may from time to time be expended or applied, at the Māori Trustee’s discretion, for the physical, social, moral, or pecuniary benefit of the persons beneficially interested in the Maori reserves referred to in subsection (1), and for the relief of such of them or their children as are in want or otherwise in need of assistance.

(3)

Nothing in this section shall be so construed as to oblige the Māori Trustee to retain any part of the rents and profits from the reserve aforesaid as a benefit fund, and, if in the opinion of the Māori Trustee, the benefit fund is no longer required to be maintained, he may distribute any amount held in the fund to the persons beneficially entitled thereto.

Section 90(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 90(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 90(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

91 Special provisions applying to certain Motueka reserves

(1)

Notwithstanding any variation between the names and relative shares of the owners as set forth in the schedules annexed to certain orders made by the court on 17 June 1901, in respect of the lands referred to in subsection (3), and the names and relative shares of the beneficial owners of the said lands as appearing in the records of the Māori Trustee, all payments of rents or other money arising from the said lands which have heretofore been made by Public Trust or the Māori Trustee, and all payments which are hereafter made by the Māori Trustee, to the beneficial owners of the said land shall be deemed to have been, and shall be validly, made if they are made to the persons whose names appear in the records of the Māori Trustee as the beneficial owners of the said lands, and in the relative shares appearing in those records or the duly appointed successors in title of those persons.

(2)

On application by the Māori Trustee, the court shall partition the said lands among the beneficial owners thereof to the intent and purpose that the subsisting rights as between the several beneficial owners shall be given full force and effect, and the provisions of section 13 shall extend and apply to any partition orders made by the court.

(3)

The lands to which this section applies are Motueka Sections 126, 127, 129, 132, 144, 145, 146, 147, 160, 161, 162, 163, 164, 165, 181, 182, 183, 184, 187, 188, 210, 211, and 212, or so much of those lands as remains vested in the Māori Trustee.

Section 91(1): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 91(1): amended, on 1 March 2002, pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).

Section 91(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 91(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

92 Service of notices

(1)

Any notice that may be required to be given to any person for the purposes of this Act may be given by delivering it to him personally or may be given by sending it to him by registered letter addressed to him at his last known place of abode or business in New Zealand. Notice given by registered letter shall be deemed to have been received when in the ordinary course of post it would be delivered.

(2)

Where any such notice has been given by the agent of a person required to give that notice, service of any subsequent notice required to be given by the person on whom the original notice was served may be effected by serving the notice in manner aforesaid on that agent.

(3)

Service of any notice may be effected in manner aforesaid on the personal representative of any deceased person.

93 Repeals and savings

(1)

The enactments specified in Schedule 3 are hereby repealed.

(2)

Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or anything whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.

Schedule 1

s 3

LandEnactment under which land formerly administeredTrusts
Ellesmere ReserveSection 35, Maori Land Claims Adjustment and Laws Amendment Act 1901 (1901 No 65)To lease the land in accordance with the provisions of Part 3 and, as the court may direct, to apply the rent and other proceeds for the physical, social, moral, and pecuniary benefit of the persons beneficially interested therein.
Taumutu Maori CommonageTaumutu Maori Commonage Act 1905 (1905 No 24)To lease the land in accordance with the provisions of Part 3, and to pay the rent and other proceeds to the persons beneficially entitled.
Paepaetahi BlockSection 12, Maori Purposes Act 1931 (1931 No 32)To lease the land, in suitable allotments, and at the Māori Trustee’s discretion, to any of the beneficial owners and upon such terms and conditions as he thinks fit, or to lease the land in accordance with the provisions of Part 3, and to pay the rent and other proceeds to the persons beneficially entitled.
Poukawa Maori ReserveSection 13, Maori Purposes Act 1931 (1931 No 32)To lease the land in accordance with the provisions of Part 3, and to pay the rent and other proceeds to the persons beneficially entitled.
Reserve 4074, Block VII, Arowhenua Survey DistrictSection 14, Maori Purposes Act 1931 (1931 No 32)To lease the land in accordance with the provisions of Part 3, and to pay the rents and other proceeds to the persons beneficially entitled.
Sections 401 and 412, Town of Port ChalmersSection 16, Maori Purposes Act 1931 (1931 No 32)To lease the land in accordance with the provisions of Part 3, and to apply the rent and other proceeds for such purposes of benefit to the Ngaitahu Tribe as the court may direct.
Rotorua Township ReservesSection 58, Maori Purposes Act 1931 (1931 No 32)
Section 14, Maori Purposes Act 1943 (1943 No 24)
To lease the land in accordance with the provisions of Part 3, and to pay the rent and other proceeds to the persons beneficially entitled, or, as the court may direct, to apply the same for purposes of general benefit to the persons or tribes beneficially interested in the land.

Schedule 1: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Schedule 2

s 34

Form A Memorandum of lease of urban land

The Maori Reserved Land Act 1955

The Māori Trustee, a corporation sole constituted under the Maori Trustee Act 1953 (hereinafter with his successors and assigns referred to as the lessor), being registered as proprietor of an estate in fee simple, subject, however, to such encumbrances, liens, and interests as are notified by memorandum underwritten or endorsed hereon, in all that parcel of land described in the Schedule, in exercise of the powers conferred upon him by the Maori Reserved Land Act 1955 (hereinafter referred to as the Act) doth hereby lease unto [specify] (hereinafter with his executors administrators and assigns referred to as the lessee) all the said land to be held by the lessee as tenant for the term of 21 years from and including [date] yielding and paying therefor the yearly rent of [amount].

And the lessee doth hereby covenant with the lessor as follows:

1.

That the lessee will pay the rent hereby reserved half yearly in advance on the first days of [specify] and [specify] in each and every year of the said term free of exchange at the Maori Trust Office at [specify] or such other place or places as the Māori Trustee may from time to time direct.

2.

That the lessee will during the said term and as and when the same shall become due and payable duly and punctually pay and discharge all rates taxes charges including electric light and power charges and assessments (other than Landlord’s Land Tax) which during the said term may be rated taxed charged assessed or made payable in respect of the said land or upon the lessor or lessee and will keep the lessor fully indemnified against all liability in respect thereof.

3.

That the lessee will pay all costs charges and expenses which now are or which during the term hereby created may become payable in respect of the formation maintenance or repair of footpaths kerbing sewers or other sanitation works boundary walls party walls retaining walls buildings or other erections which now are or which at any time during the term hereby created may be formed or erected in front of upon through about or under the demised premises or any part thereof and will keep the lessor fully indemnified against all liability in respect thereof.

4.

That the lessee will not assign sublet or part with the possession of the land hereby demised or any part thereof without the consent of the lessor in writing first had and obtained:

provided that any such consent shall not be unreasonably or arbitrarily withheld in the case of a reputable assignee subtenant or under-lessee.

5.

That the lessee will forthwith erect and put upon the boundaries of the land herein demised or upon such boundaries upon which no substantial fence exists a sufficient fence within the meaning of the Fencing Act 1978.

6.

That the lessee will at all times during the continuance of the said term repair and keep and maintain in good and substantial repair all buildings and other erections and every description of improvement now or hereafter standing or being upon the hereby demised land and will renew all such parts thereof as shall become decayed or unserviceable and the lessee will during the term and at intervals of not more than 5 years paint in a workmanlike manner all the outside woodwork and ironwork of all buildings (including the roof) now or hereafter to be erected upon the land hereby demised with 2 coats of proper oil colour in other than thermal regions and of proper thermal paint in thermal regions.

7.

That the lessee will insure and keep insured to the full insurable value thereof all buildings of an insurable nature for the time being erected upon the demised land in the names of the lessor and the lessee for their respective rights and interests in some responsible insurance office in New Zealand to be approved by the lessor and in the event of the said buildings or any of them being destroyed or damaged by fire all moneys received under and by virtue of any such insurances shall forthwith be expended in reinstating or repairing the building or buildings so destroyed or damaged.

8.

That the lessee will use the most approved modern methods to suppress and eradicate all noxious weeds and plants that are such by law from time to time in the district in which the said land is situate growing on the said land or upon the near half of any adjoining road and will grub up and destroy all gorse growing as aforesaid otherwise than in or upon the true line of fence without contribution from the lessor and will duly and punctually comply with all directions of the lessor or his agent as to the methods to be used or otherwise and also with all the provisions of the Noxious Weeds Act 1950:

provided that the lessee shall have no claim against the lessor in respect of the reasonable expenses mentioned in section 10 of the said Act and the lessee shall indemnify the lessor against all and any contribution or contributions costs charges and expenses which the lessor may be called upon or compelled to pay under the said Act.

9.

That the lessee will at all times during the continuance of the said term keep clean and open all ditches drains and watercourses on the said land.

10.

That the lessee will not during the term hereby created carry on or permit to be carried on on the demised land any noxious noisome or offensive art trade business occupation or manufacture.

11.

That the lessee will pay all costs and expenses incurred in the preparation and completion of these presents and all costs and expenses incurred by the lessor in relation to any notice or any proceeding under the provisions of the Property Law Act 2007 relating to cancellation of leases (despite that, and whatever the means by which, such cancellation may be avoided):

provided that in relation to any proceedings as aforesaid the costs and expenses shall be borne as the court may order.

12.

That the lessee will not call upon or compel the lessor to contribute to the cost of erecting repairing and maintaining any boundary fence which may now or hereafter be erected between the land hereby demised and any land adjacent thereto in which the lessor may have any estate or interest either in his own right or as agent or trustee for any owner:

provided that this covenant shall not enure for the benefit of any purchaser or lessee from the lessor of such adjacent land so as to deprive the said lessee of any rights he would have (but for this covenant) against the occupier (other than the lessor) of any adjoining land.

And it is hereby mutually agreed and declared by and between the parties hereto as follows:

13.

That upon the expiry by effluxion of time of the term hereby created the lessee shall if he has complied with all the terms covenants and conditions of this lease have the right to obtain in accordance with the provisions of Part 3 of the Act a renewal of his lease at a rent to be determined in accordance with the provisions of the said Part 3 for a term of 21 years computed from the expiry of the term hereby created and subject to the same terms covenants and provisions of this lease, including this present provision for renewal and all provisions ancillary or related thereto.

14.

That if the lessee elects not to accept a renewed lease or fails to execute a renewed lease within 1 month after the same is tendered to him for the purpose, the right to a new lease of the land shall as soon as practicable be put up to public competition by public tender in accordance with the provisions of Part 3 of the Act, and the rights of the lessee with respect to the improvements shall be determined by reference to the provisions of Part 3 of the Act, and not otherwise.

15.

The lessor may at all reasonable times during the continuance of the term hereby created enter upon the said land by any agent officer or servant of the lessor for the purpose of viewing the state and condition thereof and of the buildings and erections thereon.

16.

That if the lessee shall at any time make default in the performance of any of the covenants conditions or provisions on the part of the lessee herein expressed or implied it shall be lawful for the lessor (without prejudice to any right of re-entry or other right) to perform any such covenant condition or provision on behalf of the lessee (and if necessary for so doing to enter upon the said premises) and all moneys paid and expenses incurred in so doing and also all costs incurred by the lessor in connection therewith shall be forthwith repaid to the lessor by the lessee together with interest thereon at the rate of 10 pounds (£10) per cent per annum and shall be recoverable as if the same were rent in arrear hereby reserved and it shall be lawful for the lessor or the agent of the lessor at all reasonable times for the purpose aforesaid and for the purpose of viewing the demised premises to enter upon the said premises with such workmen and other persons as the lessor or the agent of the lessor shall think fit and to remain there for such time as in the circumstances shall be reasonable and proper.

17.

That in case the rent payable hereunder or any part thereof shall be unpaid on any day on which the same ought to be paid and shall remain unpaid for thirty (30) days thereafter whether the same shall have been lawfully demanded or not or in case the lessee becomes bankrupt or compounds with or assigns his estate for the benefit of his creditors or in case of the breach non-observance or non-performance by the lessee of any covenant condition or restriction herein on the lessee’s part contained or implied then and in every such case it shall be lawful for the lessor forthwith or at any time thereafter without notice or suit to enter upon any part of the said demised land in the name of the whole and thereby to determine the estate of the lessee under these presents but without releasing the lessee from liability in respect of any breach of any of the said covenants conditions and restrictions.

18.

It is hereby declared that the covenants powers and conditions implied in leases (other than registered or unregistered short-term leases) by the Property Law Act 2007 shall be implied herein except in so far as the same are hereby modified or negatived.

Schedule Description of land

I, [name], do hereby accept this lease of the above-described land to be held by me as tenant subject to the covenants conditions and restrictions above set forth.

Date:

Signed by the Māori Trustee as lessor by [name] acting for the Māori Trustee pursuant to section 9 of the Maori Trustee Act 1953 and sealed with the Māori Trustee’s Seal of Office in the presence of:BracketThe Māori Trustee by [name] acting for the Māori Trustee pursuant to section 9 of the Maori Trustee Act 1953.
Signature:
Occupation:
Address:
Signed by the abovenamed as lessee in the presence of:BracketLessee
Signature:
Occupation:
Address:

Schedule 2 form A: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Schedule 2 form A: amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).

Schedule 2 form A: amended, on 1 April 1979, pursuant to section 28(1) of the Fencing Act 1978 (1978 No 50).

Form B Memorandum of lease of rural land

The Maori Reserved Land Act 1955

The Māori Trustee, a corporation sole constituted under the Maori Trustee Act 1953 (hereinafter with his successors and assigns referred to as the lessor), being registered as proprietor of an estate in fee simple, subject, however, to such encumbrances, liens, and interests as are notified by memorandum underwritten or endorsed hereon, in all that parcel of land described in the Schedule, in exercise of the powers conferred upon him by the Maori Reserved Land Act 1955 (hereinafter referred to as the Act) doth hereby lease unto [specify] (hereinafter with his executors administrators and assigns referred to as the lessee) all the said land to be held by the lessee as tenant for the term of 21 years from and including [date] yielding and paying therefor the yearly rent of [amount].

And the lessee doth hereby covenant with the lessor as follows:

1.

That the lessee will pay the rent hereby reserved half yearly in advance on the first days of [specify] and [specify] in each and every year of the said term free of exchange at the Maori Trust Office at [specify] or such other place or places as the Māori Trustee may from time to time direct.

2.

That the lessee will during the said term and as and when the same shall become due and payable duly and punctually pay and discharge all rates taxes charges including electric light and power charges and assessments (other than Landlord’s Land Tax) which during the said term may be rated taxed charged assessed or made payable in respect of the said land or upon the lessor or lessee and will keep the lessor fully indemnified against all liability in respect thereof.

3.

That the lessee will not assign sublet or part with the possession of the land hereby demised or any part thereof without the consent of the lessor in writing first had and obtained:

provided that such consent shall not be unreasonably or arbitrarily withheld in the case of a reputable assignee subtenant or under-lessee.

4.

That the lessee will forthwith erect and put upon the boundaries of the land herein demised or upon such boundaries upon which no substantial fence exists a sufficient fence within the meaning of the Fencing Act 1978.

5.

That the lessee will at all times during the continuance of the said term repair and keep and maintain in good and substantial repair all buildings and other erections fences gates hedges culverts dams drains crossings fixtures stockyards and every description of improvement now or hereafter standing or being upon or growing on the hereby demised land and will renew all such parts thereof as shall become decayed or unserviceable and the lessee will during the term and at intervals of not more than 5 years paint in a workmanlike manner all the outside woodwork and ironwork of all buildings (including the roof) now or hereafter to be erected upon the land hereby demised with 2 coats of proper oil colour in other than thermal regions and of proper thermal paint in thermal regions.

6.

That the lessee will insure and keep insured to the full insurable value thereof all buildings of an insurable nature for the time being erected upon the demised land in the names of the lessor and the lessee for their respective rights and interests in some responsible insurance office in New Zealand to be approved by the lessor and in the event of the said buildings or any of them being destroyed or damaged by fire all moneys received under and by virtue of any such insurances shall forthwith be expended in reinstating or repairing the building or buildings so destroyed or damaged.

7.

That the lessee will during the term cultivate use and manage all such parts of the said land as now are or shall hereafter be broken up and converted into tillage in a proper and husbandmanlike manner and will not impoverish or waste the same but will keep the same in good heart and condition and will at the end or sooner determination of the term leave all such parts of the said land as shall be broken up in good permanent English grasses and clovers of the descriptions and in the proportions usually sown in the district.

8.

That the lessee will use the most approved modern methods to suppress and eradicate all noxious weeds and plants that are such by law from time to time in the district in which the said land is situate growing on the said land or upon the near half of any adjoining road and will grub up and destroy all gorse growing as aforesaid otherwise than in or upon the true line of fence without contribution from the lessor and will duly and punctually comply with all directions of the lessor or his agent as to the methods to be used or otherwise and also with all the provisions of the Noxious Weeds Act 1950:

provided that the lessee will have no claim against the lessor in respect of the reasonable expenses mentioned in section 10 of the said Act and the lessee shall indemnify the lessor against all and any contribution or contributions costs charges and expenses which the lessor may be called upon or compelled to pay under the said Act.

9.

That the lessee will at all times during the continuance of the said term keep clean and open all ditches drains and watercourses on the said land.

10.

That the lessee will while using the said land as a dairy farm in all respects comply with all the provisions of the Dairy Industry Act 1952 so far as the same relate to the demised premises and under no circumstances shall the lessor be liable to pay or to contribute to expenditure by the lessee on buildings or other improvements upon the demised premises notwithstanding the provisions of section 8 of the Dairy Industry Act 1952.

11.

That the lessee will not at any time during the continuance of the term hereby created without the written consent of the lessor first had and obtained request or permit any Electric Power Board to instal any motor electric wires electric lamps or other electrical fittings or equipment on or about the premises hereby demised or do or cause or permit to be done any act deed matter or thing whereby any charge under section 119 of the Electric Power Boards Act 1925 shall or may be created upon the said premises in respect of the same.

12.

That the lessee will in a husbandmanlike manner and at the proper season for so doing in each year topdress so much of the land herein demised as shall be laid down in pasture with artificial manure suitable to the nature of the soil and of a quantity normally used in the district.

13.

That the lessee will not during the said term take or permit or suffer to be taken from the said land or any part thereof more than 3 crops other than grass in successive years and will at the end or sooner determination of the said term leave the said land laid down in good permanent English grasses and clovers as provided by clause 7.

14.

That the lessee will at his own cost and expense do all things necessary to comply with the provisions of the Rabbits Act 1955 and to keep the said land free and clear of rabbits and other noxious vermin and will indemnify the lessor against all and any contribution or contributions costs charges and expenses which the lessor may be called upon or compelled to pay under the said Act.

15.

That the lessee will not allow pigs to roam at large over the said land but will at all times keep them in proper pig-proof enclosures.

16.

That the lessee will pay all costs and expenses incurred in the preparation and completion of these presents and all costs and expenses incurred by the lessor in relation to any notice or any proceeding under the provisions of the Property Law Act 2007 relating to cancellation of leases (despite that, and whatever the means by which, such cancellation may be avoided):

provided that in relation to any proceedings as aforesaid the costs and expenses shall be borne as the court may order.

17.

That the lessee will keep any native bush or shrubbery shelter ornamental or other trees at any time growing upon the said land in good order and condition and will not without the consent in writing of the lessor cut down damage or destroy or permit to be cut down damaged or destroyed any of the said native bush shrubbery shelter ornamental or other trees at any time growing on the said land and will use all proper and reasonable means to preserve the same and will not remove or permit to be removed from the said land any fencing posts timber or firewood:

provided that the lessee may use for his own requirements on the said land for repairing or erecting fences and for firewood any logs or dead timber on the said land.

18.

That if the lessee severs from the said land any timber trees whether related to the erection of fences or not he shall be liable to the lessor for damages in respect of the timber trees so severed from the land.

19.

That the lessee will not call upon or compel the lessor to contribute to the cost of erecting repairing and maintaining any boundary fence which may now or hereafter be erected between the land hereby demised and any land adjacent thereto in which the lessor may have any estate or interest either in his own right or as agent or trustee for any owner:

provided that this covenant shall not enure for the benefit of any purchaser or lessee from the lessor of such adjacent land so as to deprive the lessee of any rights he would have (but for this covenant) against the occupier (other than the lessor) of any adjoining land.

20.

That in burning off or lighting fires upon the demised premises the lessee shall in all respects comply with the provisions of the Forest and Rural Fires Act 1977 and shall use every care and precaution to prevent fires from spreading to adjoining properties and will indemnify the lessor and the owners against all claims for damage caused by any fire lit by the lessee or his agents and so spreading as aforesaid and against all contributions costs charges and expenses which the lessor or the owners may be compelled to pay pursuant to the provisions of the Forest and Rural Fires Act 1977 or otherwise howsoever.

And it is hereby mutually agreed and declared by and between the parties hereto as follows:

21.

That upon the expiry by effluxion of time of the term hereby created the lessee shall if he has complied with all the terms covenants and conditions of this lease have the right to obtain in accordance with the provisions of Part 3 of the Act a renewal of his lease at a rent to be determined in accordance with the provisions of the said Part 3 for a term of 21 years computed from the expiry of the term hereby created and subject to the same terms covenants and provisions of this lease including this present provision for renewal and all provisions ancillary or related thereto.

22.

That if the lessee elects not to accept a renewed lease or fails to execute a renewed lease within 1 month after the same is tendered to him for the purpose, the right to a new lease of the land shall as soon as practicable be put up to public competition by public tender in accordance with the provisions of Part 3 of the Act, and the rights of the lessee with respect to the improvements shall be determined by reference to the provisions of Part 3 of the Act, and not otherwise.

23.

The lessor may at all reasonable times during the continuance of the term hereby created enter upon the said land by any agent officer or servant of the lessor for the purpose of viewing the state and condition thereof and of the buildings and erections thereon.

24.

That there are hereby excepted and reserved from this demise all milling timber flax coal lignite stone clay kauri-gum and other metals or minerals whatsoever in or upon the land hereby demised with full power and liberty to the said lessor his agents servants grantees or licensees to enter upon the said land for the purpose of searching for working winning getting and carrying away all such metals minerals and other things so reserved as aforesaid and for this purpose to make such roads erect such buildings sink such shafts, and do all such things as may be necessary:

provided that in the exercise of such rights the lessor shall cause as little interference as possible with the lessee’s user of the said land and provided further that the lessor shall pay a fair compensation to the lessee for all loss or damage sustained by the lessee by the exercise of any such powers by the lessor. The amount of any such compensation shall in default of agreement be determined by 2 arbitrators and in case the arbitrators cannot agree, by their umpire, in accordance with the provisions of the Arbitration Act 1996; and these presents shall for the purpose be deemed to be a submission under that Act.

25.

That if the lessee shall at any time make default in the performance of any of the covenants conditions or provisions on the part of the lessee herein expressed or implied it shall be lawful for the lessor (without prejudice to any right of re-entry or other right) to perform any such covenant condition or provision on behalf of the lessee (and if necessary for so doing to enter upon the said premises) and all moneys paid and expenses incurred in so doing and also all costs incurred by the lessor in connection therewith shall be forthwith repaid to the lessor by the lessee together with interest thereon at the rate of 10 pounds (£10) per cent per annum and shall be recoverable as if the same were rent in arrear hereby reserved and it shall be lawful for the lessor or the agent of the lessor at all reasonable times for the purpose aforesaid and for the purpose of viewing the demised premises to enter upon the said premises with such workmen and other persons as the lessor or the agent of the lessor shall think fit and to remain there for such time as in the circumstances shall be reasonable and proper.

26.

That in case the rent hereunder or any part thereof shall be unpaid on any day on which the same ought to be paid and shall remain unpaid for thirty (30) days thereafter whether the same shall have been lawfully demanded or not or in case the lessee becomes bankrupt or compounds with or assigns his estate for the benefit of his creditors or in case of the breach non-observance or non-performance by the lessee of any covenant condition or restriction herein on the lessee’s part contained or implied then and in every such case it shall be lawful for the lessor forthwith or at any time thereafter without notice or suit to enter upon any part of the said demised land in the name of the whole and thereby to determine the estate of the lessee under these presents but without releasing the lessee from liability in respect of any breach of any of the said covenants conditions and restrictions.

27.

It is hereby declared that the covenants powers and conditions implied in leases (other than registered or unregistered short-term leases) by the Property Law Act 2007 shall be implied herein except in so far as the same are hereby modified or negatived.

Schedule Description of land

I, [name], do hereby accept this lease of the above-described land to be held by me as tenant subject to the covenants conditions and restrictions above set forth.

Date:

Signed by the Māori Trustee as lessor by [name] acting for the Māori Trustee pursuant to section 9 of the Maori Trustee Act 1953 and sealed with the Māori Trustee’s Seal of Office in the presence of:BracketThe Māori Trustee by [name] acting for the Māori Trustee pursuant to section 9 of the Maori Trustee Act 1953.
Signature:
Occupation:
Address:
Signed by the abovenamed as lessee in the presence of:BracketLessee
Signature:
Occupation:
Address:

Schedule 2 form B: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Schedule 2 form B: amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).

Schedule 2 form B: amended, on 1 July 1997, pursuant to section 18 of the Arbitration Act 1996 (1996 No 99).

Schedule 2 form B: amended, on 1 April 1979, pursuant to section 28(1) of the Fencing Act 1978 (1978 No 50).

Schedule 2 form B: amended, on 1 April 1979, pursuant to section 70(a) of the Forest and Rural Fires Act 1977 (1977 No 52).

Schedule 3 Enactments repealed

s 93

Carrington Compensation Award Satisfaction Act 1904 (1904 No 30)
Maori Affairs Act 1953 (1953 No 94)

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

Maori Purposes Act 1931 (1931 No 32)

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

Maori Purposes Act 1933 (1933 No 50)

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

Maori Purposes Act 1935 (1935 No 39)

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

Maori Purposes Act 1937 (1937 No 34)

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

Maori Purposes Act 1938 (1938 No 23)

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

Maori Purposes Act 1940 (1940 No 25)

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

Maori Purposes Act 1941 (1941 No 22)

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

Maori Purposes Act 1942 (1942 No 15)

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

Maori Purposes Act 1943 (1943 No 24)

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

Maori Purposes Act 1944 (1944 No 17)

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

Maori Purposes Act 1946 (1946 No 37)

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

Maori Purposes Act 1947 (1947 No 59)

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

Maori Purposes Act 1949 (1949 No 46)

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

Maori Purposes Act 1950 (1950 No 98)

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

Maori Purposes Act 1951 (1951 No 75)

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

Maori Reserves Act 1882 (1882 No 52)
Maori Reserves Act Amendment Act 1895 (1895 No 53)
Maori Reserves Act Amendment Act 1896 (1986 No 41)
Maori Reserves Act Amendment Act 1899 (1899 No 21)
Maori Townships Act 1910 (1910 No 18) (Reprint of Statutes, Vol VI, p 358)
Maori Townships Amendment Act 1919 (1919 No 22) (Reprint of Statutes, Vol VI, p 365)
Maori Trustee Act 1930 (1930 No 33) (Reprint of Statutes, Vol VI, p 373)
Pariroa Maori Reserve Act 1901 (1901 No 43)
Reserves and Other Lands Disposal and Public Bodies Empowering Act 1912 (1912 No 46)

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

Reserves, Endowments, and Crown and Maori Lands Exchange, Sale, Disposal, and Enabling Act 1898 (1898 No 39)

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

Taumutu Maori Commonage Act 1905 (1905 No 24)
Taupo No 2 Block Act 1908 (1908 No 218)
Tauranga Educational Endowment Reserves Act 1896 (1896 No 38)
West Coast Settlement (North Island) Act 1880 (1880 No 39)
West Coast Settlement Reserves Act 1892 (1892 No 22)
West Coast Settlement Reserves Act Amendment Act 1893 (1893 No 17)
West Coast Settlement Reserves Act Amendment Act 1900 (1900 No 30)
West Coast Settlement Reserves Act Amendment Act 1902 (1902 No 36)
West Coast Settlement Reserves Amendment Act 1913 (1913 No 59)
West Coast Settlement Reserves Amendment Act 1914 (1914 No 50)
West Coast Settlement Reserves Amendment Act 1915 (1915 No 62)
West Coast Settlement Reserves Amendment Act 1948 (1948 No 75)
Westland and Nelson Maori Reserves Act 1887 (1887 No 29)
Westland and Nelson Maori Reserves Act Amendment Act 1895 (1895 No 55)

Maori Reserved Land Amendment Act 1997

Public Act
 
1997 No 101
Date of assent
 
10 December 1997
Commencement
 
see section 2
1 Short Title and commencement

(1)

This Act may be cited as the Maori Reserved Land Amendment Act 1997, and is part of the Maori Reserved Land Act 1955 (“the principal Act”).

(2)

This Act comes into force on 1 January 1998.

Part 1 Preliminary provisions

2 Act to bind the Crown

This Act binds the Crown.

3 Purpose of Act

(1)

The purpose of this Act is—

(a)

to provide, in respect of leases to which this Act applies, for a change to more frequent rent reviews and to fair annual rents based on the unimproved value of the land to be phased in over a 4-year period commencing 3 years after the commencement of this Act; and

(b)

to provide for compensation to be paid to lessors for the delay, as from the commencement of 1 January 1998, in the change to more frequent reviews and to fair annual rents based on the unimproved value of the land and for the conditions imposed by this Act on the transfer by lessors of land that is subject to leases to which this Act applies; and

(c)

to provide that the amount of the compensation payable to each lessor is to be, in accordance with an election made by the lessor, either—

(i)

the amount payable to the lessor under section 13; or

(ii)

the amount determined by the Land Valuation Tribunal in accordance with section 15 as payable to the lessor; and

(d)

to provide for a solatium payment to those lessors who accept the amount payable by way of compensation under section 13, which payment is to be on the basis of 1 payment per lease, irrespective of the number of lessors, and is to recognise the justifiable but unquantifiable transaction costs that will be incurred by lessors as a result of the changes made to leases by this Act; and

(e)

to provide for compensation to be paid to lessees for the change to more frequent rent reviews and to fair annual rents based on the unimproved value of the land and for the conditions imposed by this Act on the assignment of the lessees’ interests in the leases; and

(f)

to provide that the amount of the compensation payable to each lessee is to be, in accordance with an election made by the lessee, either—

(i)

the amount payable to the lessee under section 16; or

(ii)

the amount determined by the Land Valuation Tribunal in accordance with section 4 of the Maori Reserved Land Amendment Act 1998 as payable to the lessee; and

(g)

to provide for a solatium payment to be made to those lessees who accept the amount payable by way of compensation under section 16, which payment is to be on the basis of 1 payment per lease, irrespective of the number of lessees, and is to recognise the justifiable but unquantifiable transaction costs that will be incurred by lessees as a result of the changes made to leases by this Act; and

(h)

to provide a right of first refusal for lessors on assignment by lessees to third parties of leases to which this Act applies; and

(i)

to provide the lessors of leases to which this Act applies with additional money with which they may purchase the interests of lessees under those leases (as those interests become available for purchase) by authorising the payment to those lessors, on the basis of 1 payment per lease, irrespective of the number of lessors, of money that those lessors may use for the purchase of such interests; and

(j)

to provide a right of first refusal for lessees on transfer by lessors to third parties of land subject to leases to which this Act applies.

(2)

The market rent and right of first refusal provisions are in Part 2 and Schedule 1.

(3)

The compensation provisions are in Part 3 and Schedule 2.

Section 3(1)(f)(ii): amended, on 16 March 1998, by section 6 of the Maori Reserved Land Amendment Act 1998 (1998 No 1).

4 Application of Act

This Act applies to the following leases:

(a)

the leases specified in Part A of Schedule 3 and any leases granted in renewal of those leases:

(b)

any lease to which a lessee is entitled in renewal of, or in substitution for, an expired lease specified in Part B of Schedule 3 and any lease granted in renewal of a lease so renewed or substituted.

Part 2 Provisions relating to annual rents and right of first refusal implied in certain leases

5 Provisions implied in leases to which this Act applies

(1)

There is implied in every lease to which this Act applies the provisions in Schedule 1.

(2)

Subject to subsections (3) and (4), the provisions implied in a lease by subsection (1) prevail over any provision which is inconsistent with any of those provisions and which is—

(a)

a provision of the principal Act; or

(b)

a provision of the lease; or

(c)

a provision implied in the lease by a provision of the principal Act or a provision of the lease.

(3)

Nothing in subsections (1) and (2) or in section 29 or in clauses 3 to 9 of Schedule 1 prevents the rent payable under a lease specified in Part A of Schedule 3 from being reviewed from time to time (as if this Act had not been passed) at any time before the first rent review date specified, in relation to that lease, in Part A of Schedule 3.

(4)

The provisions implied in a lease by subsection (1) may be negatived, altered, or added to by agreement of the lessor and lessee.

(5)

Where, pursuant to subsection (4), the provisions in a lease are altered or added to, references in this Act to the provisions in Schedule 1 must be read as references to those provisions as so altered or added to.

(6)

The provisions implied in a lease by subsection (1) apply subject to the provisions relating to the alienation of Maori freehold land in Te Ture Whenua Maori Act 1993.

6 Implied provisions to apply to sale by mortgagee or creditor or pursuant to court order

Where land that is subject to a lease to which this Act applies, or a lessee’s interest in a lease to which this Act applies, is to be sold by, or on behalf of, a mortgagee or creditor of the lessor or lessee (as the case may be) or pursuant to an order of a court, the provisions in Schedule 1 (as implied in the lease by section 5) apply to the sale, with all necessary modifications, as if references in those provisions to the lessor or lessee were references to the mortgagee, creditor, or other person effecting the sale, as the case may be.

7 Transfer or assignment of lessor’s or lessee’s interest in contravention of implied provisions void

(1)

Any transfer of land that is subject to a lease to which this Act applies by a lessor, or any assignment of an interest in a lease to which this Act applies by a lessee, in breach of the provisions in Schedule 1 (as implied in the lease by section 5) is void, unless the party not making the transfer or assignment consents in writing to the transfer or assignment before the transfer or assignment is made.

(2)

A transfer or assignment that is void under subsection (1) is not illegal and no contract is, by reason of the fact that it provides for such a transfer or assignment, an illegal contract within the meaning of section 3 of the Illegal Contracts Act 1970.

8 Acquisition of relevant interest in lessors or lessees that are companies

(1)

After the commencement of this Act, a person (other than a preferred alienee) must not acquire a relevant interest, or an additional relevant interest, in the voting securities of a company that is a lessor of a lease to which this Act applies unless—

(a)

the company complies with clauses 27 to 30 of the provisions in Schedule 1, as if the company were proposing to transfer its interest in the land subject to lease; or

(b)

the lessee of the lease consents in writing to the acquisition before the relevant interest is acquired.

(2)

After the commencement of this Act, a person (other than a specified assignee) must not acquire a relevant interest, or an additional relevant interest, in the voting securities of a company that is a lessee of a lease to which this Act applies unless—

(a)

the company complies with clauses 11 to 14 or clauses 16 to 25 of the provisions in Schedule 1, as if the company were proposing to assign its interest in the lease; or

(b)

the lessor of the lease consents in writing to the acquisition before the relevant interest is acquired.

(3)

The acquisition of a relevant interest in the voting securities of a company in contravention of this section is void.

(4)

An acquisition that is void under subsection (3) is not illegal and no contract is, by reason of the fact that it provides for such an acquisition, an illegal contract within the meaning of section 3 of the Illegal Contracts Act 1970.

(5)

In this section,—

(a)

company includes any body corporate with voting securities; but does not include a company that is a party to a listing agreement with a stock exchange:

(b)

preferred alienee means a person that comes within the preferred classes of alienees under Te Ture Whenua Maori Act 1993:

(c)

relevant interest has the meaning assigned to that term by sections 5 to 5B of the Securities Markets Act 1988:

(d)

specified assignee has the same meaning as in clause 2 of Schedule 1, as if reference in that definition to an interest in a lease were reference to a relevant interest in the voting securities of a lessee that is a company:

(e)

voting security has the same meaning as in section 2 of the Securities Markets Act 1988, as if references in that definition to “public issuer or other body” and “public issuer or body” were references to “company”.

Section 8(5)(c): amended, on 29 February 2008, by section 14 of the Securities Markets Amendment Act 2006 (2006 No 47).

Section 8(5)(c): amended, on 1 December 2002, by section 30 of the Securities Markets Amendment Act 2002 (2002 No 44).

Section 8(5)(e): amended, on 1 December 2002, by section 30 of the Securities Markets Amendment Act 2002 (2002 No 44).

9 Acquisition of beneficial interests in trusts that are lessors or lessees

(1)

After the commencement of this Act, a person must not acquire from a beneficiary a beneficial interest in a trust the trustee of which is a lessor or a lessee of a lease to which this Act applies unless—

(a)

the trustee complies with clauses 11 to 14 or clauses 16 to 25 or clauses 27 to 30 of Schedule 1, as the case may require; or

(b)

the person acquiring the beneficial interest is a preferred alienee or a specified assignee; or

(c)

the party to the lease, not being the trustee of the trust in which the beneficial interest is acquired, consents in writing before the interest is acquired.

(2)

The acquisition of a beneficial interest in a trust in contravention of subsection (1) is void.

(3)

An acquisition that is void under subsection (2) is not illegal and no contract is, by reason of the fact that it provides for such an acquisition, an illegal contract within the meaning of section 3 of the Illegal Contracts Act 1970.

(4)

In this section,—

(a)

preferred alienee means a person that comes within the preferred classes of alienees under Te Ture Whenua Maori Act 1993:

(b)

specified assignee has the same meaning as in clause 2 of Schedule 1.

10 Lessees that are executors or administrators

(1)

Where the lessee of a lease to which this Act applies is an executor or an administrator, the lessee must comply with clauses 11 to 14 or clauses 16 to 25 of Schedule 1—

(a)

within 1 year of the testator’s or intestate’s death; or

(b)

where the testator has left, in relation to the testator’s interest in the lease, life or lesser interests to any 1 or more of the persons who are, in relation to the assignment of the testator’s interest in the lease, specified assignees within the meaning of Schedule 1, within 1 year of the death of the person, or the last of the persons, to whom the life or lesser interests are left.

(2)

A lessee is not required to comply with subsection (1) if—

(a)

the lessor, by notice in writing to the lessee, has exempted the lessee from such compliance; or

(b)

the High Court has made an order extending the period within which the lessee must comply with subsection (1).

(3)

The High Court may make an order under subsection (2)(b) on the grounds that any legal proceedings that have been commenced within 1 year after the testator’s or intestate’s death, being—

(a)

proceedings touching the validity of the will of the testator; or

(b)

proceedings for obtaining, recalling, or revoking any grant of administration under the Administration Act 1969 (other than a grant made under section 7 of that Act) in respect of the estate of the testator or intestate; or

(c)

proceedings under the Law Reform (Testamentary Promises) Act 1949 or the Family Protection Act 1955 in respect of the estate of the testator or intestate,—

are unlikely to be disposed of within that year.

(4)

The High Court may make an order under subsection (2)(b) on such terms and conditions as the High Court thinks fit.

11 District Land Registrar to note certificate of title and lease

(1)

Subject to subsection (2), as soon as reasonably practicable after the commencement of this Act, the District Land Registrar must, in relation to every lease to which this Act applies, make all such entries in the register, and do all such other things as may be necessary to give effect to the provisions of this Act.

(2)

Subsection (1) applies only where a lease has a number or a certificate of title specified in respect of it in Schedule 3.

(3)

Where Schedule 3 is amended pursuant to section 29 to specify a number or certificate of title in respect of a lease to which this Act applies or to add the details (including the number or certificate of title) of a lease to which the principal Act applies, the District Land Registrar must (on being supplied with the Order in Council making the amendment, and without fee) note on the lease and the certificate of title that the lease is subject to this Act.

12 District Land Registrar not to register transfer in certain cases

The District Land Registrar must not register a transfer of any land that is subject to a lease to which this Act applies or of the lessee’s interest in a lease to which this Act applies unless—

(a)

the transfer is to the lessor or lessee; or

(b)

where the transfer is to a third party, the lessor or lessee that is not a party to the transfer consents in writing to the transfer; or

(c)

the transfer is accompanied by a certificate from the solicitor acting for the transferor that the transfer does not contravene the provisions in Schedule 1.

Part 3 Compensation

13 Compensation payable to lessors

(1)

The person who, on the commencement of this Act, is the lessor of a lease to which this Act applies is entitled to compensation—

(a)

for the delay, as from the commencement of 1 January 1998,—

(i)

in the change to a more frequent rent review; and

(ii)

in the change to a fair annual rent based on the unimproved value of the land; and

(b)

for the conditions imposed by this Act on the transfer by the lessor of the land subject to the lease.

(2)

Where the details of a lease are added to Schedule 3 after the commencement of this Act and that lease, by virtue of its details being so added, becomes a lease to which this Act applies, the person who, on the date on which the addition takes effect, is the lessor of that lease is entitled to compensation—

(a)

for the delay, as from the commencement of 1 January 1998,—

(i)

in the change to a more frequent rent review; and

(ii)

in the change to a fair annual rent based on the unimproved value of the land; and

(b)

for the conditions imposed by this Act on the transfer by the lessor of the land subject to the lease.

(3)

The compensation payable to a lessor under subsection (1) or subsection (2) must be determined in accordance with Schedule 2.

(4)

In this section, the term lessor means, in relation to land under the Land Transfer Act 1952, the registered proprietor of the land.

14 Right of lessor to elect to have compensation determined by Land Valuation Tribunal

(1)

The chief executive of Te Puni Kokiri must, after the commencement of this Act, give to each lessor to whom this Act applies a notice specifying both—

(a)

the amount of compensation payable to the lessor under section 13; and

(b)

the amount of the solatium payment payable to the lessor under section 25.

(2)

The notice must state that the lessor may elect either—

(a)

to accept both of the amounts specified in the notice; or

(b)

to have the lessor’s compensation determined by the Land Valuation Tribunal in accordance with section 15.

(3)

The notice under subsection (1) must,—

(a)

in the case of a lease to which this Act applies on the commencement of this Act, be given to the lessor not later than 2 March 1998; and

(b)

in any case where a lease becomes, after the commencement of this Act, a lease to which this Act applies, be given to the lessor not later than 2 months after the date on which that lease becomes a lease to which this Act applies.

(4)

The lessor may, within 3 months after being given a notice under subsection (1), elect either—

(a)

to inform the chief executive of Te Puni Kokiri, by notice in writing signed by the lessor, that the lessor will accept both of the amounts specified in the notice given to the lessor under subsection (1); or

(b)

to file in the appropriate office of the District Court, in accordance with section 21 of the Land Valuation Proceedings Act 1948, an application to have the lessor’s compensation determined by the Land Valuation Tribunal in accordance with section 15.

(5)

Where the lessor files an application under subsection (4)(b), the lessor must, within 3 working days after the day on which that notice is filed, give a copy of that application to the chief executive of Te Puni Kokiri, who is to be a party to the proceedings before the Land Valuation Tribunal.

(6)

Where the lessor files an application under subsection (4)(b), the lessor is not entitled, in respect of the lease to which the application relates, to compensation under section 13 or a solatium payment under section 25.

(7)

Where the chief executive of Te Puni Kokiri receives from the lessor a notice under subsection (4)(a), the chief executive must, within 3 months after the day on which he or she receives that notice, pay to the lessor the amounts specified in the notice given to the lessor under subsection (1).

(8)

Where the lessor does not, within the period allowed by subsection (4), take either of the steps permitted by that subsection, the lessor is deemed to have given to the chief executive on the last day of that period a notice under subsection (4)(a).

(9)

In this section,—

Land Valuation Tribunal has the meaning given to it by section 2 of the Land Valuation Proceedings Act 1948

lessor means, in relation to land under the Land Transfer Act 1952, the registered proprietor of the land.

15 Determination of compensation by Land Valuation Tribunal

(1)

Where a lessor files an application under section 14(4)(b), the Land Valuation Tribunal has jurisdiction to determine, in accordance with this section, the amount to be paid to the lessor by the Crown as compensation—

(a)

for the delay, as from the commencement of 1 January 1998,—

(i)

in the change to a more frequent rent review; and

(ii)

in the change to a fair annual rent based on the unimproved value of the land; and

(b)

for the conditions imposed by this Act on the transfer by the lessor of the land subject to the lease.

(2)

The Land Valuation Tribunal must, as soon as practicable, determine the amount of that compensation.

(3)

Every application made under section 14(4)(b) must, subject to this section, be dealt with by the Land Valuation Tribunal in accordance with the provisions of the Land Valuation Proceedings Act 1948, which is to apply with all necessary modifications.

(4)

In this section,—

Land Valuation Tribunal has the meaning given to it by section 2 of the Land Valuation Proceedings Act 1948

lessor means, in relation to land under the Land Transfer Act 1952, the registered proprietor of the land.

16 Compensation payable to lessees

(1)

The person who, on the commencement of this Act, is the lessee of a lease to which this Act applies is entitled to compensation for—

(a)

the change to a more frequent rent review; and

(b)

the change to a fair annual rent based on the unimproved value of the land; and

(c)

the conditions imposed by this Act on the assignment of the lessee’s interest in the lease.

(2)

Where the details of a lease are added to Schedule 3 after the commencement of this Act and that lease, by virtue of its details being so added, becomes a lease to which this Act applies, the person who, on the date on which the addition takes effect, is the lessee of that lease is entitled to compensation for—

(a)

the change to a more frequent rent review; and

(b)

the change to a fair annual rent based on the unimproved value of the land; and

(c)

the conditions imposed by this Act on the assignment of the lessee’s interest in the lease.

(3)

The compensation payable to a lessee under subsection (1) or subsection (2) must be determined in accordance with Schedule 2.

(4)

In this section, the term lessee means,—

(a)

in relation to a lease registered under the Land Transfer Act 1952, the person registered as the lessee of the lease; and

(b)

in relation to any other lease, the person entitled to be registered under the Land Transfer Act 1952 as the lessee of the land to which the lease relates.

19 Compensation not otherwise payable

(1)

Except as provided in sections 13 to 16 and in sections 3 and 4 of the Maori Reserved Land Amendment Act 1998, no compensation is payable to a lessor or lessee of a lease to which this Act applies by reason of the enactment of this Act.

(2)

Nothing in subsection (1) limits any of the provisions of sections 23, 24, 25, 26, and 28.

Section 19(1): amended, on 16 March 1998, by section 6 of the Maori Reserved Land Amendment Act 1998 (1998 No 1).

20 No compensation payable to the Crown or Crown entity

(1)

No compensation is payable under this Act or the Maori Reserved Land Amendment Act 1998 to the lessee of a lease to which this Act applies if that lessee is the Crown or a Crown entity.

(2)

In this section, the terms the Crown and Crown entity have the same meanings as in section 2 of the Public Finance Act 1989.

Section 20(1): amended, on 16 March 1998, by section 6 of the Maori Reserved Land Amendment Act 1998 (1998 No 1).

21 Modified compensation payable in respect of certain leases

If the annual rent of the lease is, at the commencement of this Act, no longer determined at 21-year rent reviews or in accordance with section 34 of the principal Act then, for the purposes of calculating the compensation payable under Schedule 2, the estimated prescribed rent for the compensation period must be adjusted to reflect the terms of the current lease.

22 Compensation payable by the Crown

(1)

Compensation payable to a lessor or lessee under this Act must be paid by the Crown as soon as the amount of the compensation is determined in accordance with this Act.

(2)

Payments of compensation made under the Maori Reserved Land Amendment Act 1998 are deemed, for the purposes of this section and section 30 of this Act and section CW 34(1)(g) of the Income Tax Act 2007, to be payments of compensation made under this Act.

Section 22(2): inserted, on 16 March 1998, by section 6 of the Maori Reserved Land Amendment Act 1998 (1998 No 1).

Section 22(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

23 Interest payable on compensation

(1)

Where the compensation to which a person is entitled under section 13 or section 15 or section 16 or section 4 of the Maori Reserved Land Amendment Act 1998 is not paid to that person, within the period of 3 months after the date on which that person becomes entitled to be paid that compensation, and the delay, after the expiration of that period, in making payment is attributable to the Crown, the Crown must, on paying that compensation, pay it together with interest in respect of the period beginning with the expiration of that period of 3 months and ending with the date of payment.

(2)

The interest paid under subsection (1) is to be paid at the rate prescribed by or under section 87 of the Judicature Act 1908.

(3)

Notwithstanding any other Act, agreement, or rules of court, the Crown, except as provided in subsections (1) and (2), is not liable to pay interest on compensation payable under this Act.

Section 23(1): amended, on 16 March 1998, by section 6 of the Maori Reserved Land Amendment Act 1998 (1998 No 1).

24 Claims under Treaty of Waitangi Act 1975 not precluded

Nothing in this Act or the Maori Reserved Land Amendment Act 1998 affects the right of any Maori to bring a claim under section 6 of the Treaty of Waitangi Act 1975.

Section 24: amended, on 16 March 1998, by section 6 of the Maori Reserved Land Amendment Act 1998 (1998 No 1).

Part 4 Solatium payments to lessors and lessees and payments to lessors for purchase of leases

25 Solatium payments to lessors

(1)

The Crown must, out of public money, make solatium payments, on the basis of 1 payment per lease, irrespective of the number of lessors, to all persons who, on the commencement of this Act, are lessors of leases to which this Act applies.

(2)

The total amount of public money to be paid by way of solatium payments under subsection (1) is $2,000,000.

(3)

The solatium payments under this section recognise the justifiable but unquantifiable transaction costs that will be incurred by lessors as a result of the changes made by this Act to leases to which this Act applies.

(4)

The lessor, on the commencement of this Act, of a lease to which this Act applies is entitled to receive from the Crown by way of solatium in respect of that lease—

(a)

the sum of $500; plus

(b)

a pro rata percentage of such part of the sum of $2,000,000 as remains after provision has been made for the payments required by paragraph (a).

(5)

The pro rata percentage payable in respect of each lease is to be calculated on the basis of the unimproved value, as at 31 December 1995, of the land subject to the lease and of the land comprised in the leases specified, on the commencement of this Act, in Schedule 3.

(6)

No amendment made to Schedule 3 after the commencement of this Act has, of itself, the effect of reducing, increasing, or removing any entitlement to a solatium payment that exists under this section on the commencement of this Act.

(7)

Notwithstanding subsections (1) to (5), where the details of a lease are added to Schedule 3 after the commencement of this Act, the lessor of the lease, at the date on which the addition takes effect, is entitled to receive from the Crown a solatium payment of the same amount as the solatium payment the lessor would have received if the details of the lease had, on the commencement of this Act, been included in Schedule 3 in substitution for details of another lease of land of identical unimproved value (as at 31 December 1995).

(8)

In this section, the term lessor means, in relation to land under the Land Transfer Act 1952, the registered proprietor of the land.

(9)

This section is subject to section 14.

26 Solatium payments to lessees

(1)

Subject to section 27, the Crown must, out of public money, make solatium payments, on the basis of 1 payment per lease, irrespective of the number of lessees, to all persons who, on the commencement of this Act, are lessees of leases to which this Act applies.

(2)

The total amount of public money to be paid by way of solatium payments under subsection (1) is $2,000,000.

(3)

The solatium payments under this section recognise the justifiable but unquantifiable transaction costs that will be incurred by lessees as a result of the changes made by this Act to leases to which this Act applies.

(4)

The lessee, on the commencement of this Act, of a lease to which this Act applies is (unless the lessee is the Crown or a Crown entity) entitled to receive from the Crown by way of solatium in respect of that lease—

(a)

the sum of $500; plus

(b)

a pro rata percentage of such part of the sum of $2,000,000 as remains after provision has been made for the payments required by paragraph (a).

(5)

The pro rata percentage payable in respect of each lease is to be calculated on the basis of the unimproved value (as at 31 December 1995) of the land subject to the lease and of the land comprised in the leases specified, on the commencement of this Act, in Schedule 3 (not being leases under which the lessee is the Crown or a Crown entity).

(6)

No amendment made to Schedule 3 after the commencement of this Act has, of itself, the effect of reducing, increasing, or removing any entitlement to a solatium payment that exists under this section on the commencement of this Act.

(7)

Notwithstanding subsections (1) to (5), where the details of a lease are added to Schedule 3 after the commencement of this Act, the lessee of the lease, at the date on which the addition takes effect, is (unless the lessee is the Crown or a Crown entity) entitled to receive from the Crown a solatium payment of the same amount as the solatium payment the lessee would have received if the details of the lease had, on the commencement of this Act, been included in Schedule 3 in substitution for details of another lease of land of identical unimproved value (as at 31 December 1995), not being a lease under which the lessee is the Crown or a Crown entity.

(8)

In this section, the term lessee has the meaning given to it by section 16(4).

(9)

This section is subject to section 3 of the Maori Reserved Land Amendment Act 1998.

Section 26(9): replaced, on 16 March 1998, by section 6 of the Maori Reserved Land Amendment Act 1998 (1998 No 1).

27 No solatium payable to the Crown or Crown entity

(1)

No solatium is payable under section 26 to the lessee of a lease to which this Act applies if that lessee is the Crown or a Crown entity.

(2)

In this section and in section 26, the terms the Crown and Crown entity have the same meanings as in section 2 of the Public Finance Act 1989.

28 Payments to lessors for purchase of leases

(1)

The Crown must, out of public money, provide the lessors of leases to which this Act applies with additional money with which they may purchase the interests of lessees under those leases (as those interests become available for purchase) by making, on the basis of 1 payment per lease, irrespective of the number of lessors, payments (in this section called purchase money payments) to all persons who, on the commencement of this Act, are lessors of leases to which this Act applies.

(2)

The total amount of public money to be paid by way of purchase money payments under subsection (1) is $6,000,000.

(3)

The purchase money payments recognise that, in the case of leases to which this Act applies, lack of sufficient purchase money has been one of the major factors that has prevented lessors from purchasing the interests of lessees under those leases and that it is in the interests of both lessors and lessees that the Crown make a contribution towards the money that lessors may use for the purchase of such interests (as they become available).

(4)

The lessor, on the commencement of this Act, of a lease to which this Act applies is entitled to receive from the Crown, by way of a purchase money payment in respect of that lease, a pro rata percentage of the sum of $6,000,000.

(5)

The pro rata percentage payable in respect of each lease is to be calculated on the basis of the unimproved value, as at 31 December 1995, of the land subject to the lease and of the land comprised in the leases specified, on the commencement of this Act, in Schedule 3.

(6)

No amendment made to Schedule 3 after the commencement of this Act has, of itself, the effect of reducing, increasing, or removing any entitlement to a purchase money payment that exists under this section on the commencement of this Act.

(7)

Notwithstanding subsections (1) to (5), where the details of a lease are added to Schedule 3 after the commencement of this Act, the lessor of the lease, at the date on which the addition takes effect, is entitled to receive from the Crown a purchase money payment of the same amount as the purchase money payment the lessor would have received if the details of the lease had, on the commencement of this Act, been included in Schedule 3 in substitution for details of another lease of land of identical unimproved value (as at 31 December 1995).

(8)

In this section, the term lessor means, in relation to land under the Land Transfer Act 1952, the registered proprietor of the land.

Part 5 Miscellaneous provisions

29 Power to amend Schedule 3

(1)

The Governor-General may from time to time, by Order in Council, amend Schedule 3 for the purpose of—

(a)

correcting any misdescription or error in that schedule:

(b)

inserting a number or certificate of title that is not specified in that schedule:

(c)

adding, on or before 30 June 1998, the details of any lease to which the principal Act applies and which have been omitted in error from that schedule.

(2)

An Order in Council may be made under subsection (1)(c) only on the recommendation of the Minister of Maori Affairs, after consultation by that Minister with such persons, including the lessor and lessee of the lease to which the order relates, as that Minister thinks fit.

30 Goods and services tax

No payment made under this Act is to be treated, for the purposes of the Goods and Services Tax Act 1985, as consideration for the supply of goods and services.

32 Validation of valuations used for purpose of payment of compensation, etc

For the purposes of any payment made under this Act to a lessor or lessee, being a payment of compensation or a solatium payment under section 25 or section 26 or a purchase money payment made under section 28, every valuation made by the Valuer-General before the commencement of this Act, being a valuation, as at 31 December 1995, of the unimproved value of any land subject to a lease to which this Act applies, is deemed to be, and to have always been, valid and correct.

Schedule 1 Provisions implied in certain leases

ss 3(2), 5–10, 12

1(1)

In these provisions, unless the context otherwise requires,—

assign, in relation to this lease, includes—

(a)

subletting (for more than 2 years), or parting with possession (for more than 2 years) of, the land or any part of the land demised by this lease; but

(b)

does not include—

(i)

entering into a sharemilking agreement under which the sharemilker is not a tenant or underlessee of the land; or

(ii)

granting, pursuant to a right of renewal, a renewal of a sublease in existence on the commencement of the Maori Reserved Land Amendment Act 1997

assignment has a meaning corresponding to the meaning of the term assign

public valuer has the same meaning as in the Valuers Act 1948

rent review date means a date as at which the rent payable under this lease is required, by any provision of clause 3, to be reviewed in accordance with clauses 4 to 9

specified assignee, in relation to the assignment of the lessee’s interest in this lease, has the meaning given to it by clause 2

spouse, in relation to a lessee or a shareholder or a beneficiary, includes—

(a)

a person who is in a civil union or a de facto relationship with the lessee or shareholder or beneficiary; and

(b)

a spouse of a deceased lessee or shareholder or beneficiary

valuable consideration means a consideration consisting of money

working day means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(b)

a day in the period commencing with 25 December in any year and ending with 20 January in the following year.

(2)

In these provisions, unless the context otherwise requires,—

(a)

a reference to a clause is a reference to a clause in these provisions:

(b)

a reference in a clause to a subclause is a reference to a subclause of that clause:

(c)

a reference in a subclause to a paragraph is a reference to a paragraph of that subclause.

Schedule 1 clause 1(1) spouse: paragraph (a): replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

2(1)

In these provisions, unless the context otherwise requires, specified assignee, in relation to the assignment of the lessee’s interest in the lease, means any 1 or more of the following persons:

(a)

if there is more than 1 existing lessee, any 1 or more of the existing lessees:

(b)

if the lessee is a trustee and there is no variation in the terms of the trust, a new or additional trustee:

(c)

a spouse of an existing lessee:

(d)

a child of an existing lessee:

(e)

a company, the only shareholders of which are any 1 or more of—

(i)

the existing lessee or lessees; or

(ii)

a spouse of an existing lessee; or

(iii)

a child of an existing lessee:

(f)

a trustee of a trust, the only beneficiaries of which are any 1 or more of—

(i)

the existing lessee or lessees; or

(ii)

a spouse of an existing lessee; or

(iii)

a child of an existing lessee:

(g)

if the existing lessee is a company, any 1 or more of—

(i)

an existing shareholder (other than a company); or

(ii)

a spouse of an existing shareholder; or

(iii)

a child of an existing shareholder:

(h)

if the existing lessee is a trustee, any 1 or more of—

(i)

an existing beneficiary; or

(ii)

a spouse of an existing beneficiary; or

(iii)

a child of an existing beneficiary:

(i)

a person who purchases the lessee’s interest in the lease at a public auction, being a public auction conducted—

(i)

by or for a mortgagee pursuant to a power of sale contained in a mortgage; and

(ii)

after the mortgagee has given to the lessor, not less than 20 working days before the auction, notice in writing of the public auction and of the terms and conditions of sale and, where the sale is to be conducted under sections 187 to 198 of the Property Law Act 2007 by a Registrar of the High Court, of the discharge sum nominated by the mortgagee in the application for sale:

(j)

a person who purchases the lessee’s interest in the lease at a public auction (not being a public auction of the kind described in paragraph (i)) on that interest being knocked down to that person at that auction after the lessee has given to the lessor, not less than 20 working days before the auction, notice in writing of the public auction and of the terms and conditions of sale:

(k)

a person who purchases the lessee’s interest—

(i)

after that interest has failed to sell at a public auction of the kind described in paragraph (i) or paragraph (j); and

(ii)

after the lessee or mortgagee has given to the lessor, within 2 working days after the auction, a notice under clause 11 in relation to that interest; and

(iii)

after the lessor has not, by the close of the first working day after the day on which the notice under clause 11 was given, accepted the offer in that notice; and

(iv)

after the person has agreed in writing (not later than the close of the working day immediately following the working day referred to in subparagraph (iii)) to purchase that interest for a consideration not less than the consideration stated in the notice under clause 11 and on terms and conditions not more favourable to that person than the terms and conditions stated in the notice under clause 11.

(2)

For the purposes of the definition of the term specified assignee in subclause (1), the term existing means,—

(a)

in relation to a lessee that is a company or trustee, existing on 21 August 1996:

(b)

in relation to a beneficiary or a shareholder, existing on 21 August 1996:

(c)

in relation to a person that does not come within paragraph (a) or paragraph (b), existing at the commencement of the Maori Reserved Land Amendment Act 1997.

Schedule 1 clause 2(1)(i)(ii): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).

Review of annual rent

3(1)

The rent payable under this lease must, as at the dates specified in this clause, be reviewed, in accordance with clauses 4 to 9.

(2)

If this lease is a lease specified in Part A of Schedule 3 of the Maori Reserved Land Amendment Act 1997, the rent must be reviewed in accordance with clauses 4 to 9 as at—

(a)

the date specified in that schedule as the first rent review date in relation to this lease; and

(b)

each subsequent date within the term of this lease that is an anniversary of the date specified in that schedule as the first rent review date in relation to this lease, being either—

(i)

a seventh anniversary or any other anniversary, the number of which is divisible, without remainder, by 7, of the date specified in that schedule as the first rent review date; or

(ii)

where this lease provided for the review of rent at intervals of less than 7 years, an anniversary, the number of which is divisible, without remainder, by the number representing the frequency in years of the rent review period in this lease.

(3)

If this lease is a lease granted in renewal of, or in substitution for, an expired lease specified in Part B of Schedule 3 of the Maori Reserved Land Amendment Act 1997, the rent must be reviewed in accordance with clauses 4 to 9 as at—

(a)

the date specified in that schedule as the first rent review date in relation to the expired lease; and

(b)

each subsequent date within the term of this lease that is an anniversary of the date specified in that schedule as the first rent review date in relation to the expired lease, being either—

(i)

a seventh anniversary, or any other anniversary, the number of which is divisible, without remainder, by 7, of the date specified in that schedule as the first rent review date; or

(ii)

where the expired lease specified in Part B of Schedule 3 provided for the review of rent at intervals of less than 7 years, an anniversary, the number of which is divisible, without remainder, by the number representing the frequency in years of the rent review period in that expired lease.

(4)

If this lease is a lease granted in renewal of, or in substitution for, any lease to which subclause (2) or subclause (3) applies, or is a subsequent renewal of a lease so granted, the rent must be reviewed in accordance with clauses 4 to 9 as at each subsequent date within the term of this lease that is an anniversary of the date specified in Schedule 3 as the first rent review date in relation to the lease to which subclause (2) or subclause (3) applies, being either—

(a)

a seventh anniversary, or any other anniversary, the number of which is divisible, without remainder, by 7, of the date specified in that schedule as the first rent review date; or

(b)

where the lease to which subclause (2) or subclause (3) applies provided for the review of rent at intervals of less than 7 years, an anniversary, the number of which is divisible, without remainder, by the number representing the frequency in years of the rent review period in that lease.

(5)

Where this lease is renewed and the term of the new lease begins on a rent review date, the rent payable from the commencement of the term of the new lease until the next rent review date is to be calculated in accordance with clauses 4 to 9.

(6)

Where this lease is renewed and the term of the new lease begins on a date other than a rent review date, the rent payable in respect of the period from the commencement of the term of the new lease until the next rent review date is to be the same as the rent payable at the end of this lease.

4(1)

Not earlier than 6 months before a rent review date and not later than 12 months after a rent review date, either party to this lease may give to the other party notice in writing stating what the party giving the notice considers to be the fair annual rent of the land for the next ensuing period of the term of the lease so that the rent is uniform throughout the whole of that ensuing period.

(2)

For the purposes of this clause, land means land in the state it was in for calculating the unimproved value under Part 3 of the Maori Reserved Land Act 1955.

(3)

For the purposes of this clause, time is of the essence.

(4)

If neither party to this lease has given a notice under this clause, the annual rent payable from a rent review date is to be the same as the annual rent payable immediately before that review date.

5

If the party to this lease that gives a notice under clause 4 does not receive (within 3 months after the date on which the notice is given) a notice from the other party to this lease objecting to the specified annual rent or proposing a different annual rent, the annual rent payable from the rent review date is the annual rent specified in the notice given under clause 4.

6

If the party to this lease that gives a notice under clause 4 does receive (within 3 months after the date on which the notice is given) a notice under clause 4 from the other party to this lease objecting to the specified annual rent or proposing a different annual rent and the parties do not (before the rent review date) agree on an annual rent, the annual rent payable from the rent review date is to be determined in accordance with clauses 32 to 34, but until so determined the annual rent payable from the rent review date is to be the annual rent specified in the notice given by the lessor or, if the lessor has not given a notice specifying an annual rent, then by the lessee.

7

Upon determination of the annual rent payable in accordance with clauses 32 to 34, an appropriate adjustment must be made between the parties; and the lessee will immediately pay to the lessor, or the lessor will immediately refund to the lessee, as the case may require, the amount of the adjustment together with interest calculated from the date of payment or non-payment to the date of the refund or payment, as the case may be.

8

The interest payable under clause 7 is to be paid at the rate prescribed by or under section 87 of the Judicature Act 1908.

9

The annual rent determined under clauses 4 to 6 or clauses 32 to 34 is to be exclusive of goods and services tax, if any, under the Goods and Services Tax Act 1985.

Lessor’s right of first refusal on assignment of lessee’s interest for valuable consideration

10(1)

Clauses 11 to 14 apply where a lessee proposes to assign for valuable consideration the lessee’s interest in this lease to a third party other than a specified assignee.

(2)

Clauses 11 to 14 also apply to an assignment for valuable consideration by an executor or administrator of a deceased lessee to a third party other than a specified assignee.

11(1)

The lessee must give the lessor notice in writing—

(a)

stating the consideration for which the lessee proposes to assign the lessee’s interest in this lease; and

(b)

stating all the other terms and conditions (including the date of settlement) on which the lessee proposes to assign the lessee’s interest in this lease; and

(c)

offering to the lessor the first right to take an assignment of the lessee’s interest in this lease for the same consideration and on the same terms and conditions as stated in the notice.

(2)

Subject to clause 31, the terms and conditions stated in the notice must not relate to any personal property other than the lessee’s interest in the lease.

12

The notice given to the lessor under clause 11 must be given—

(a)

within 10 working days after the date on which the lessee enters into a contract, or agrees on heads of agreement, with the proposed assignee; and

(b)

not less than 30 working days before the date of settlement specified in the notice.

13

Subject to clause 14, if the lessor does not accept the offer in the notice given under clause 11 within 20 working days after the date on which the notice is given, the lessee may assign the lessee’s interest in this lease to a third party for a consideration not less than the consideration stated in the notice and on terms and conditions not more favourable than the terms and conditions stated in the notice, subject to such consent as may otherwise be required by this lease.

14

The lessee must not assign the lessee’s interest in this lease to a third party, other than a specified assignee, pursuant to clause 13 if more than 3 months has passed since the lessee gave notice to the lessor under clause 11.

Lessor’s right of first refusal on assignment of lessee’s interest for other than valuable consideration

15(1)

Clauses 16 to 25 apply where a lessee proposes to assign, for other than valuable consideration, the lessee’s interest in this lease to a third party other than a specified assignee.

(2)

Clauses 16 to 25 also apply to an assignment for other than valuable consideration by an executor or administrator of a deceased lessee pursuant to a will or intestacy to a third party other than a specified assignee.

16

The lessee must give the lessor notice in writing offering the lessor the first right to take an assignment of the lessee’s interest in this lease at the market value of that interest determined in accordance with clauses 19 to 25.

17

If the lessor does not accept the offer in the notice given under clause 16 within 30 working days after the date on which the notice is given, the lessee is entitled to assign the lessee’s interest in this lease to a third party, subject to such consent as may otherwise be required by this lease.

18

If the lessor does accept the offer in the notice given under clause 16 within 30 working days after the date on which the notice is given, clauses 19 to 25 apply.

19(1)

If the lessor and lessee cannot agree on the market value of the lessee’s interest in the lease, the lessor and lessee must, within 20 working days after the date of the lessor’s acceptance of the offer, appoint a public valuer to determine that value.

(2)

If the lessor and lessee cannot agree on the public valuer to be appointed under subclause (1), the lessor and lessee must, within 30 working days after the date of the lessor’s acceptance of the offer, each appoint a public valuer to determine jointly the market value of the lessee’s interest in this lease.

20(1)

The public valuer or valuers, as the case may be, must determine the market value of the lessee’s interest in this lease within 1 month of being appointed or, if the public valuers have been appointed on different dates, within 1 month of the second public valuer being appointed.

(2)

Where 2 public valuers have been appointed and they cannot agree on the market value of the lessee’s interest in this lease within the time specified in subclause (1), they must appoint another public valuer to determine that value.

(3)

If the valuers cannot agree on the public valuer to be appointed under subclause (2), the lessor or lessee may request the President of the New Zealand Institute of Valuers to appoint a public valuer to determine the market value of the lessee’s interest in this lease.

21

A public valuer who determines the market value of the lessee’s interest under clause 20 is to be regarded as acting as an expert.

22

The costs of a public valuer appointed under clause 19 or clause 20 must be borne as follows:

(a)

if the public valuer is appointed jointly by the lessor and lessee, the costs must be borne equally by the lessor and lessee:

(b)

if the public valuer is appointed by the lessor or lessee, the costs must be borne by the lessor or lessee, as the case may be:

(c)

if the public valuer is appointed under clause 20(2) or clause 20(3), the costs must be borne as determined by that public valuer.

23(1)

The appointment of a public valuer under clause 19 or clause 20 is not to be regarded as a submission to arbitration or an arbitration agreement.

(2)

A public valuer appointed under clause 19 or clause 20 is not to be regarded as an arbitrator, and nothing in the Arbitration Act 1996 applies in respect of the determination by a public valuer or public valuers so appointed of the market value of the lessee’s interest in the lease.

24

Upon determining the market value of the lessee’s interest in this lease, the public valuer or public valuers, as the case may be, must give notice in writing to the lessor and lessee of that market value.

25(1)

Within 20 working days after being notified of the market value of the lessee’s interest in this lease,—

(a)

the lessor must pay to the lessee that market value; and

(b)

the lessee must transfer to the lessor the lessee’s interest in this lease.

(2)

If the market value is not paid by the lessor in accordance with subclause (1) (otherwise than because of any default by the lessee), the lessor must pay to the lessee interest calculated from the date due for payment of the market value to the date of payment of the market value.

(3)

The interest payable under subclause (2) is to be paid at the rate prescribed by or under section 87 of the Judicature Act 1908.

Lessee’s right of first refusal on transfer of lessor’s interest for valuable consideration

26

Clauses 27 to 30 apply where the lessor proposes to transfer for valuable consideration the land that is subject to this lease to a third party other than a person who comes within the preferred classes of alienees under Te Ture Whenua Maori Act 1993.

27

The lessor must give the lessee notice in writing—

(a)

stating the consideration for which the lessor proposes to sell the land; and

(b)

stating all the other terms and conditions (including the date of settlement) on which the lessor proposes to sell the land; and

(c)

offering to the lessee the first right to purchase the land for the same consideration and on the same terms and conditions as stated in the notice.

28

The notice given to the lessee under clause 27 must be given not less than 30 working days before the date of settlement specified in the notice.

29

Subject to clause 30, if the lessee does not accept the offer in the notice given under clause 27 within 20 working days after the date on which the notice is given, the lessor may transfer the land that is subject to this lease to a third party for a price not less than the price stated in the notice and on terms and conditions not more favourable than the terms and conditions stated in the notice.

30

The lessor must not transfer the land that is subject to this lease to a third party pursuant to clause 29 if more than 3 months has passed since the lessor gave notice to the lessee under clause 27.

Contiguous land

31

Where—

(a)

the lessor and lessee are the lessor and lessee of land demised under another lease or leases to which the Maori Reserved Land Amendment Act 1997 applies; and

(b)

the land demised under this lease and the land demised under the other lease or leases—

(i)

are contiguous; and

(ii)

form an economic unit,—

clauses 10 to 30 of these provisions apply to the land and leases together and not separately.

Disputes

32

Clauses 33 and 34 apply if any dispute or difference arises between the lessor and the lessee relating to clauses 1 to 31, other than a dispute or difference to which clauses 19 to 25 apply.

33(1)

The dispute or difference must first be submitted to mediation.

(2)

Mediation may be initiated by either the lessor or lessee giving notice in writing to the other requesting that the dispute or difference be submitted to mediation.

(3)

If, within 10 working days of mediation being initiated, the lessor and lessee cannot agree on a mediator or the terms of mediation or both, then either the lessor or lessee may request the President of the Arbitrators’ and Mediators’ Institute of New Zealand Incorporated to appoint the mediator or settle the terms of mediation or both, as the case may be.

(4)

The costs of mediation are to be borne as determined by the mediator.

34

If the dispute or difference has not been settled by mediation within 30 working days (or such longer period as the lessor and lessee may agree) after the appointment of a mediator, the dispute or difference must be submitted to arbitration in accordance with the Arbitration Act 1996.

Schedule 2 Compensation payable to lessors and lessees

ss 3(3), 13, 16, 21

1

In this schedule, unless the context otherwise requires,—

compensation period means the period of 50 years beginning on the commencement of this Act

current rent means the annual rent a lessee is paying on the commencement of this Act, divided by 12

current unimproved value means the current unimproved value of the land that is subject to a lease to which this Act applies, being—

(a)

the current unimproved value of the land determined by the Valuer-General as at 31 December 1995; or

(b)

where the rent payable under the lease has been reviewed, and the current unimproved value of the land has been determined for the purposes of the review, as at a date after 31 December 1995 and before 1 January 1998, the current unimproved value so determined, reduced by the land inflation rate applied on a monthly basis back to 31 December 1995

discount rate means the monthly rate calculated in accordance with the following formula:

Formula

where TR means the taxation rate

estimated unimproved value, in relation to a month in the compensation period, means the value determined in accordance with the following formula:

Formula

where

CUV

means the current unimproved value; and

LIR

means the land inflation rate; and

n

is the number of months since 31 December 1995 in respect of which the estimated unimproved value is being determined

existing review date means,—

(a)

in respect of a lease specified in Part A of Schedule 3, the day after the expiry date of the lease and the day after the expiry date of any subsequent renewal:

(b)

in respect of a lease specified in Part B of Schedule 3, the day after the expiry date of any new lease to which the lessee is entitled under the expired lease and the day after the expiry date of any subsequent renewal

first rent review date means, in relation to a lease specified in Schedule 3, the date specified in Schedule 3 as the first rent review date in relation to that lease

land inflation rate has the meaning given to it by clause 2(1)

land type and location means the following land types and locations:

(a)

Auckland—urban commercial, urban residential, and urban industrial:

(b)

Nelson—urban commercial, urban residential, rural dairy, rural pastoral, and rural horticultural:

(c)

Palmerston North—urban commercial and urban residential:

(d)

Rotorua—urban commercial and urban residential:

(e)

Taranaki—urban residential, rural dairy, and rural pastoral:

(f)

Wellington—urban commercial, urban residential, and rural dairy:

(g)

West Coast (South Island)—urban commercial, urban residential, urban industrial, rural dairy, and rural pastoral:

(h)

any other location not specified in paragraphs (a) to (g)—urban commercial, urban residential, urban industrial, rural dairy, and rural pastoral

market rent rate has the meaning given to it by clause 3(1)

prescribed rent rate means the percentage specified in subsection (1) or subsection (2) of section 34 of the principal Act, as the case may be

subsequent rent review date means, in relation to a lease specified in Schedule 3 or any subsequent renewal of that lease, each date that—

(a)

is a seventh anniversary, or other anniversary the number of which is divisible, without remainder, by 7, of the date specified in Schedule 3 as the first rent review date in relation to that lease; and

(b)

falls within the compensation period

taxation rate means,—

(a)

in relation to lessees of urban residential land, 24%:

(b)

in relation to lessees of land that is not urban residential land, 33%:

(c)

in relation to lessors, 25%.

2(1)

For the purposes of this schedule, the land inflation rate means the land inflation rate for each land type and location as set out in the following table:

Land inflation rates (%)

LocationRural dairyRural horticulturalRural pastoralUrban commercialUrban industrialUrban residential
AucklandN/AN/AN/A2.502.502.50
Nelson2.002.001.902.152.152.15
Palmerston NorthN/AN/AN/A2.25N/A2.25
RotoruaN/AN/AN/A2.15N/A2.15
Taranaki2.252.002.00N/AN/A1.50
Wellington2.00N/AN/A2.00N/A2.00
West Coast (South Island)2.00N/A1.901.751.751.75
Other2.00N/A1.751.501.501.50

N/A means that there are no applicable leases of that land type in that location.

(2)

The land inflation rates must be taken into account in determining the estimated unimproved value.

3(1)

For the purposes of this schedule, the market rent rate means the market rent rate for each land type and location as set out in the following table:

Market rent rates (%)

LocationRural dairyRural horticulturalRural pastoralUrban commercialUrban industrialUrban residential
AucklandN/AN/AN/A5.755.755.50
Nelson5.805.805.807.25N/A5.45
Palmerston NorthN/AN/AN/A7.00N/A5.25
RotoruaN/AN/AN/A7.25N/A5.25
Taranaki4.755.004.505.00N/A5.00
Wellington4.75N/AN/A7.00N/A6.00
West Coast (South Island)4.75N/A4.506.756.755.00
Other4.755.004.505.005.004.00

N/A means that there are no applicable leases of that land type in that location.

(2)

The market rent rates must be taken into account in determining the estimated market rent.

Calculation of estimated prescribed rent and estimated market rent for lessors and lessees

4

For the purposes of this schedule, the estimated prescribed rent for each month in the compensation period is:

(a)

for the period from the beginning of the compensation period to the first existing review date, the current rent:

(b)

for the period from one existing review date until the next existing review date, the prescribed rent rate multiplied by the estimated unimproved value, as at the existing review date at the beginning of the period, divided by 12:

(c)

for the period from the last existing review date in the compensation period until the end of the compensation period, the prescribed rent rate multiplied by the estimated unimproved value, as at that last existing review date, divided by 12:

(d)

where the first existing review date or any next existing review date is not the first day of a month, the review date for the purpose of the monthly calculations is deemed to be the first day of the month immediately following any such first existing review date or next existing review date.

5

For the purpose of calculating the compensation payable in accordance with this schedule, the estimated market rent that would be payable to the lessor for each month in the compensation period must be determined as follows:

(a)

in respect of each month in the period from the beginning of the compensation period until the seventh anniversary of the commencement of the compensation period, the estimated market rent is the estimated unimproved value, as at the commencement of the compensation period, multiplied by the market rent rate and divided by 12:

(b)

in respect of each month in each subsequent period of 7 years, the estimated market rent is the estimated unimproved value, as at the beginning of the period, multiplied by the market rent rate and divided by 12:

(c)

in respect of each month in the final year of the compensation period, the estimated market rent is the estimated unimproved value, as at the beginning of the final year, multiplied by the market rent rate and divided by 12.

6

For the purpose of calculating the compensation payable in accordance with this schedule, the estimated market rent that would be payable by the lessee for each month in the compensation period must be determined as follows:

(a)

in respect of each month in the period from the beginning of the compensation period until the first rent review date, the estimated market rent must be determined in accordance with clause 4(a):

(b)

in respect of each month in each period of 7 years beginning on the first rent review date or any subsequent rent review date, the estimated market rent is the estimated unimproved value, as at the subsequent rent review date on which the period begins, multiplied by the market rent rate and divided by 12:

(c)

in respect of each month in the period beginning on the last subsequent rent review date and ending with the close of the compensation period, the estimated market rent is the estimated unimproved value, as at the last subsequent rent review date, multiplied by the market rent rate and divided by 12:

(d)

where the first existing review date or any next existing review date is not the first day of a month, the review date for the purpose of the monthly calculations is deemed to be the first day of the month immediately following any such first existing review date or next existing review date.

Compensation payable to lessors

7

Compensation payable to a lessor must be determined in accordance with clauses 8 to 11.

8

For each month in the compensation period, deduct from the estimated market rent for the lessor determined in accordance with clause 5 the estimated market rent for the lessee determined in accordance with clause 6.

9

For each month in the compensation period, multiply the result of the calculation under clause 8 by (1 − TR). TR is the taxation rate in relation to lessors.

10

Calculate the aggregate of the calculations made under clause 9 according to the following formula:

This is a formula

where

DR

is the discount rate; and

Clause 9

represents the value of the cashflow calculations in clause 9 for each month of the compensation period; and

i

represents the applicable month in the compensation period from month 0 to month 599; and

n

represents the number of months in the compensation period; and

This is a formula

represents the applicable discount factor for each month of the compensation period.

11

The compensation payable to the lessor is—

(a)

the amount that is the result of the calculation under clause 10; plus

(b)

the amount that constitutes compensation for the conditions imposed by this Act on the transfer by the lessor of the land that is subject to the lease, which amount is 1% of the amount specified in paragraph (a).

Compensation payable to lessees

12

Compensation payable to a lessee must be determined in accordance with clauses 13 to 16.

13

For each month in the compensation period, deduct from the estimated market rent for the lessee determined in accordance with clause 6 the estimated prescribed rent calculated in accordance with clause 4.

14

Except for urban residential leases, for each month in the compensation period, multiply the result of the calculation under clause 13 by (1 − TR). TR is the taxation rate in relation to lessees of land that is not urban residential land.

15

Calculate the aggregate of the calculations made under clause 13 or clause 14 (as appropriate) according to the following formula:

This is a formula

where

DR

is the discount rate; and

Clause 13

represents the value of the cashflow calculations in clause 13 (in relation to urban residential leases) for each month of the compensation period; and

Clause 14

represents the value of the cashflow calculations in clause 14 (in relation to all leases that are not urban residential leases) for each month of the compensation period; and

i

represents the applicable month in the compensation period from month 0 to month 599; and

n

represents the number of months in the compensation period; and

This is a formula

represents the applicable discount factor for each month of the compensation period.

16

The compensation payable to the lessee is—

(a)

the amount that is the result of the calculation under clause 15; plus

(b)

the amount that constitutes compensation for the conditions imposed by this Act on the assignment of the lessee’s interest in the lease, which amount is 1% of the amount specified in paragraph (a).

Schedule 3 Existing leases to which, and expired leases in respect of which, this Act applies

ss 4, 5, 11, 14, 16, 25, 26, 28, 29

The leases in this schedule are organised in alphabetical order according to their general location. After each general location is the lessor’s name.

Page
Part A
Existing leases to which this Act applies
Auckland
Māori Trustee97
Nelson
Rore Lands Limited98
Wakatu Incorporation98
Others
Rapana-Robin110
Māori Trustee110
Te Ata-i-Rangi-Kaahu125
Potaka Whanau Development Trust126
Palmerston North
Palmerston North Reserves Trust126
Rotorua
Others130
Pukeroa Oruawhata Trust130
Tiki te Kohu Ruamano Trust131
Taranaki
Parininihi ki Waitotara Incorporation131
Wellington
Wellington Tenths Trust146
West Coast (South Island)
Mawhera Incorporation150
Part B
Expired leases in respect of which this Act applies
Nelson
Wakatu Incorporation177
Rotorua
Tiki te Kohu Ruamano Trust178
Taranaki
Parininihi ki Waitotara Incorporation178
Wellington
Wellington Tenths Trust179
West Coast (South Island)
Mawhera Incorporation180
Land types and land locations

Each lease in this schedule has had a land type and location assigned to it. The first 2 letters of the abbreviated land type and location refer to the land type, and the other letters refer to the location as follows:

Land types

UC

urban commercial

UR

urban residential

UI

urban industrial

RD

rural dairy

RP

rural pastoral

RH

rural horticultural

Land locations

A

Auckland

ND

Nelson

PND

Palmerston North

RD

Rotorua

TD

Taranaki

WD

Wellington

WCSI

West Coast (South Island)

O

Other locations not within the above locations

Part A Existing leases to which this Act applies

Lease number or date of leaseDescriptionCertificate of title numberLocationExpiry date of leaseLand type/ locationFirst rent review date
Auckland
Māori Trustee
28124Lot 1 DP 19264 PT Allot 9 and 4 Sec 12 City of AucklandCT 1692/80Auckland City6/08/2002UCA7/08/2001
29431Lots 1–13 Allot DP 19623 DP 30295 Allot 11 Sec 20 Onehunga TownshipCT 646/126Onehunga31/03/2003UIA1/04/2002
25888Lots 5, 6 and 7 DP 19624 Allot 9 PT Allot 4 Sec 12 City of AucklandCT 1692/80Auckland City30/06/2001UCA1/07/2001
25890Lot 4 DP 19624 PT Allot 4 Sec 12 City of AucklandCT 1692/80Auckland City30/06/2001UCA1/07/2001
B021176.1Lot 1 DP 19627 Portion of Allot 19 Sec 9 City of AucklandCT 478/172Auckland City2/08/2002UCA3/08/2001
26174Lot 2 DP 19624 PT Allot 4 Sec 12 City of AucklandCT 1692/80Auckland City30/06/2001UCA1/07/2001
25889Lot 3 DP 19624 PT Allot 4 Sec 12 City of Auckland1692/80Auckland City30/06/2001URA1/07/2001
Nelson
Rore Lands Limited
331767.1Lot 24 DP 15125A/638, 10C/1229Motueka31/03/2014RPND1/04/2004
365251.1Lot 10 DP42895A/28, 12B/239Motueka31/12/2017URND1/01/2004
347396.1Lot 15 DP 15115A/637, 11B/1161Motueka31/08/2014RHND1/09/2004
366475.1Lot 7 DP 4289 Pt Sec 1615A/25, 12B/398Motueka31/12/2017URND1/01/2004
365670.1Lot 2 DP 42895A/20, 4D/884Motueka31/12/2017URND1/01/2004
366123.1Lot 5 DP 4289 Pt Sec 1615A/23, 12B/350Motueka31/12/2017URND1/01/2004
365230.1Lot 3 DP 42895A/21, 12B/253Motueka31/12/2017URND1/01/2004
366570.1Lot 15 DP 4289 Pt Sec 1615A/33, 12B/361Motueka31/12/2017URND1/01/2004
19.12.96Lot 8 DP 4289 Pt Sec 1615A/26, 4D/912Motueka31/12/2017URND1/01/2004
220375.1Lot 14 DP 15115A/636, 6C/308Motueka31/12/2000RHND1/01/2001
368670.1Lot 1 DP 4289 Pt Sec 1615A/19, 12B/853Motueka31/12/2017URND1/01/2004
365499.1Lot 14 DP 4289 Pt Sec 1615A/32, 12B/290Motueka31/12/2017URND1/01/2004
Wakatu Incorporation
172134.1Lots 3, 7, 8 DP 45665C/293Nelson31/12/2017URND1/01/2004
184859.1Pt Lot 29 DP 1599 Pt Sec 16010C/1115Motueka30/06/98URND1/07/2001
185244.1Pt Sec 160 Pt DP 166410C/1121Motueka30/06/98URND1/07/2001
183907.1Lot 6 DP 2695 Pt Sec 1655A/1184Motueka30/06/98URND1/07/2001
184208.1Lot 1 DP 2695 Pt Sec 1655A/1180Motueka30/06/98URND1/07/2001
192334.1Pt Lot 27 DP 159910C/1113Motueka30/06/98URND1/07/2001
183736.3Lot 8 DP 3339 Pt Sec 1615A/1239Motueka30/06/98URND1/07/2001
270447.2Pt Lots 9, 10 DP 1575105/10Motueka31/12/2007UCND1/01/2002
191765.1Sec 136 DP 153558/12Motueka30/06/98RHND1/07/2001
178951.1Lot 4 DP 155310D/1029Motueka31/12/2017RHND1/01/2004
184494.1Lot 1 DP 112826C/1356Motueka30/06/98URND1/07/2001
195376.1Lot 2, 3 DP 64613C/1207Motueka30/06/98URND1/07/2001
191520.1Pt Sec 71 DP 1491 Sec 734B/796Moutere30/06/98RHND1/07/2001
201616.1Lot 2 DP 1539 Pt Sec 16286/105Nelson31/12/99UCND1/01/2001
193316.1Lot 6 DP 150710D/913Motueka30/06/98URND1/07/2001
229159.1Lot 3 DP 3629 Pt Sec 163145/12Motueka30/06/2003URND1/07/2002
184860.1Lot 28 DP 1599 Pt Sec 16010C/1114Motueka30/06/98URND1/07/2001
184494.1Lot 2 DP 112826C/1357Motueka30/06/98URND1/07/2001
184207.1Lot 4 DP 2588 Pt Sec 184136/84Motueka30/06/98URND1/07/2001
195471.1Pt Lot 4 DP 1525 Pt Sec 16810D/208Motueka31/12/98URND1/01/2001
216651.1Lot 3 DP 1481 Pt Sec 165168/83Motueka30/06/2001RHND1/07/2001
190780.1Lot 2 DP 4661 Pt Sec 41753/230Nelson28/02/99URND1/03/2001
211908.1Lots 1, 2 DP 2745 Lot 1 DP 6564 Pt Sec 152129/15Nelson30/06/2001UCND1/07/2001
196033.1Pt DP 1491 Sec 151 Blk XI Motueka Survey District4B/798Moutere30/06/99RHND1/07/2001
192757.1Lot 1 DP 1886 Pt Sec 17788/141Nelson30/06/99UCND1/07/2001
194856.1Lot 2 DP 188688/141Nelson29/06/99UCND30/06/2001
191203.1Lot 12 DP 1525 Blk IV Mouteka Survey District5C/283Motueka31/12/98URND1/01/2001
210737.1Sec 82 Pt Sec 79 & 80 DP 1601 Blk X Kaiteriteri Survey District1A/426Motueka30/06/2001RPND1/07/2001
229707.1Lot 1 DP 1539 Pt Sec 16286/105Nelson30/06/2003UCND1/07/2002
205797.1Lot 3 DP 1985 Pt Sec 163145/9Motueka3/10/2000URND4/10/2001
200853.2Lot 1 DP 2439 Pt Sec 16310C/593Motueka3/10/2000URND4/10/2001
208933.1Pt Lot 1 DP 2050 Lot 1 DP 4916 Pt Sec 163145/9Motueka3/10/2000URND4/10/2001
205797.2Lot 2 DP 2050 Pt Sec 163145/9Motueka3/10/2000URND4/10/2001
208097.1Lot 2 & Pt Lot 1 DP 3963 Pt Sec 1656B/609Motueka3/10/2000URND4/10/2001
205804.2Lot 8 DP 2734 Pt Sec 26711C/602Nelson31/12/2000URND1/01/2001
205655.1Lot 4 DP 2742 Pt Sec 26511C/599Nelson31/12/2000URND1/01/2001
206511.1Pt Lot 1 DP 39636B/609Motueka31/12/2000URND1/01/2001
208521.1Lot 2 DP 2436 Pt Sec 26511C/599Nelson31/12/2000URND1/01/2001
206570.1Lot 3 DP 2436 Pt Sec 26511C/599Nelson31/12/2000URND1/01/2001
209523.1Lot 1 DP 1512 Pt Sec 18211C/420Motueka30/06/2001URND1/07/2001
197458.1Lot 1 DP 1650 BLk III Motueka Survey District58/75Motueka31/12/99RPND1/01/2001
228416.1Lot 9 DP 3022 Pt Sec 7101A/791Nelson31/08/2003URND1/09/2002
198393.3Lot 6 DP 4400 Pt Sec 582134/98Nelson30/06/99URND1/07/2001
206571.2Pt Lot 3 DP 1460 All DP 3482 Pt Sec 152129/15Nelson30/06/2001UCND1/07/2001
269275.3Lot 2 DP 3216 Pt Sec 16010D/921Motueka31/12/2006UCND1/01/2002
211912.1Lot 8 DP 1512 Pt Sec 18211C/420Motueka30/06/2001URND1/07/2001
193058.1Lots 2, 3 DP 6363127/94Motueka30/06/99UCND1/07/2001
217059.1Lot 5 DP 1512 Pt Sec 18211C/420Motueka30/06/2001URND1/07/2001
213731.1Lot 1 DP 2999165/32Nelson30/06/2001URND1/07/2001
209524.1Pt Lot 3 DP 1512 Pt Sec 18211C/420Motueka30/06/2001URND1/07/2001
210714.1Lot 3 DP 3541 Pt Sec 188158/13Motueka30/06/2001URND1/07/2001
210738.1Lot 7 DP 1512 Pt Sec 18211C/420Motueka30/06/2001URND1/07/2001
210713.1Lot 4 DP 3541158/13Motueka30/06/2001URND1/07/2001
215615.1Lot 5 DP 3188 Pt Sec 283165/32Nelson28/02/2002URND1/03/2001
211909.1Pt Sec 79 DP 16011A/426Motueka30/06/2001RHND1/07/2001
233629.3Lot 5 DP 2508 Pt Sec 2275C/298Nelson31/12/2003UCND1/01/2002
260919.1Lot 1 DP 6973 Pt Sec 212B/119Motueka31/12/2006RHND1/01/2002
240347.1Lot 3 DP 2508 Pt Sec 2275C/298Nelson31/12/2003UCND1/01/2002
252165.1Lot 3 DP 4650 Pt Sec 16111C/422Motueka30/06/2003URND1/07/2002
205874.1Lot 3 DP 1539610A/838Nelson31/12/2000URND1/01/2001
234216.1Lots 3, 11 DP 3022 Pt Sec 710 & 1181A/791, 90/51Nelson31/08/2003URND1/09/2002
198393.1Lot 3 DP 4863134/98Nelson30/06/99URND1/07/2001
229352.1Lot 6 DP 3022 Pt Sec 7101A/791Nelson31/08/2003URND1/09/2002
257122.1Lot 5 DP 1511 Pt Sec 1635B/1153Motueka31/12/2003RHND1/01/2002
234710.1Lot 2 DP 1621 Pt Sec 146 & 14711C/219Motueka31/12/2003RPND1/01/2002
231457.1Lot 7 DP 2508 Pt Sec 2275C/298Nelson31/12/2003UCND1/01/2002
231457.2Lot 6 DP 2508 Pt Sec 2275C/298Nelson31/12/2003UCND1/01/2002
338205.5Lot 1 DP 4767 Lot 1 DP 4891105/10Motueka31/03/2014UCND1/04/2004
233629.2Lot 4 DP 2508 Pt Sec 2275C/298Nelson31/12/2003UCND1/01/2002
338205.1Pts Lot 2, 3 DP 4496 Lot 3 DP 4891105/10Motueka31/03/2014UCND1/04/2004
250868.1Lot 3 DP 1539 Pt Sec 16286/105Nelson31/12/2005UCND1/01/2002
254478.1Lots 1, 2 DP 4157 Pt Lot 1 DP 2535 Pt Sec 16010C/781Motueka31/12/2003UCND1/01/2002
243711.1Sec 20, Pt Sec 28 Sq 15 Blk V B Onetaua Survey District69/118Onetaua30/06/2005RDND1/07/2002
250709.1Lot 1 DP 724610C/781Motueka31/12/2003UCND1/01/2002
234911.1Pt DP 2863 Pt Sec 16010C/1106Motueka31/12/2003UCND1/01/2002
234323.1Lots 112, 113 DP 2619 Pt Sec 14411C/1004Motueka31/12/2003URND1/01/2002
239163.1Lot 2 DP 2420 Pt Sec 2487A/203Nelson31/12/2003URND1/01/2002
235722.1Lot 10 DP 2619 Pt Sec 1475A/9Motueka31/12/2003URND1/01/2002
232444.1Lot 1 DP 6944 Pt Sec 1635B/1153Motueka31/12/2003URND1/01/2002
233609.1Lot 127 DP 2619 Pt Sec 14411C/1004Motueka31/12/2003URND1/01/2002
260140.1Lot 9 DP 1514 Blk III Motueka Survey District5C/280Motueka30/06/2004RHND1/07/2002
252611.1Lot 13 DP 15145C/280Motueka30/06/2004RHND1/07/2002
233629.1Lot 2 DP 2508 Pt Sec 2275C/298Nelson31/12/2003UCND1/01/2002
256637.1All DP 1758 Pt Sec 1825C/287Motueka31/12/2006URND1/01/2002
192752.1Lot 1 DP 64613C/1206Motueka30/06/98URND1/07/2001
272367.1Pt Lot 1 DP 15375C/297Nelson30/06/2008UCND1/07/2003
250742.1Lot 4 DP 1471 Pt Sec 41653/230Nelson31/12/2005URND1/01/2002
259089.1Lot 1 DP 1539610A/836Nelson30/06/2006UCND1/07/2002
255488.1Lot 1 DP 1408 Pt Sec 15910B/64Nelson30/06/2006UCND1/07/2002
253701.1Lot 5 DP 2280 Pt Sec 94611C/604Nelson30/06/2006URND1/07/2002
206571.1Pt Lot 4 DP 2745 Pt Sec 152129/15Nelson30/06/2001UCND1/07/2001
269275.2Pt Lot 1 DP 3216 Pt Sec 16010D/921Motueka31/12/2006UCND1/01/2002
194857.1Lot 2 DP 44375A/1199Motueka30/06/98URND1/07/2001
260056.1Pt Lot 23 DP 1599 Pt Sec 16010C/789Motueka31/12/2006UCND1/01/2002
269275.1Lot 20 DP 1599 Pt Sec 16010D/921Motueka31/12/2006URND1/01/2002
269984.1Lot 1 DP 4699 Pt Sec 9114B/809Nelson31/12/2007URND1/01/2002
258110.2Lot 3 DP 15746 Pt Sec 16010B/278Motueka31/12/2006URND1/01/2002
200300.1Lot 1 DP 3180 Lot 5 DP 3194 Pt Sec 3075C/412Nelson30/06/99URND1/07/2001
226597.1Lot 6 DP 1538 Pt Sec 17788/141Nelson31/12/2002UCND1/01/2001
272367.1Pt Lot 1 DP 15375C/297Nelson30/06/2008UCND1/07/2003
242605.1Lot 2 DP 6349 Pt Sec 1571B/64Motueka31/12/2004RPND1/01/2002
272367.1Pt Lot 1 DP 15375C/297Nelson30/06/2008UCND1/07/2003
273029.1Lot 4 DP 2713 Pt Sec 5985C/295Nelson30/06/2008URND1/07/2003
293875.1Lots 7, 8, 11 DP 15145C/280Motueka31/05/2010RHND1/06/2003
318444.1Pt Lot 12 DP 150710A/1085Motueka31/10/2010RPND1/11/2003
322627.1Pt DP 1651 Blk VII Motueka Survey District113/169Moutere30/06/2013RHND1/07/2003
321976.1Lot 3 DP 43745C/290Nelson19/07/2013URND20/07/2003
342295.1Lot 25 DP 15123A/950Motueka31/03/2014RHND1/04/2004
328254.3Lot 3 DP 3839 Pt Lot 1 DP 1816105/10Motueka31/03/2014UCND1/04/2004
328254.1Pt Lot 13 DP 1575 All DP 2473105/10Motueka31/03/2014UCND1/04/2004
258110.1Lot 4 DP 15746 Pt Sec 16010B/280Motueka31/12/2006URND1/01/2002
332367.1Lot 1 DP 3410 Lot 1 DP 456910D/863Motueka31/03/2014URND1/04/2004
330808.1Lot 13 DP 2012114/62Motueka30/06/2014URND1/07/2004
191518.1Lot 2 DP 32811A/293Nelson31/01/99UCND1/02/2001
183909.1Sec 44 Sq 15 Blk I Pakawau Survey District49/300Taura30/06/98RPND1/07/2001
338205.3Lot 1 DP 4496105/10Motueka31/03/2014UCND1/04/2004
328296.1Pt Lot 5 DP 1575 Lot 6 DP 28853D/1234Motueka31/03/2014URND1/04/2004
327880.1Lot 2 DP 232210B/1141Motueka31/03/2014URND1/04/2004
328614.1Lot 6 DP 159910B/1141Motueka31/03/2014URND1/04/2004
328871.1Lot 1 DP 53373C/1205Motueka31/03/2014URND1/04/2004
329067.1Lot 3 DP 52107A/1215Motueka31/03/2014URND1/04/2004
331630.1Lot 1 DP 4344145/12Motueka31/03/2014URND1/04/2004
340694.1Pt Lot 19 DP 151210D/865Motueka31/03/2014URND1/04/2004
349644.1Pt Sec K Blk XIV Pakawau Survey District18/95Aorere31/12/2015RDND1/01/2004
327924.1Lot 29 DP 46503D/1247Motueka31/03/2014URND1/04/2004
333696.1Lot 14 DP 2012114/62Motueka30/06/2014URND1/07/2004
328049.1Lot 1 DP 57093C/1363Motueka31/03/2014URND1/04/2004
332984.1Lot 9 DP 2012114/62Motueka30/06/2014URND1/07/2004
327691.1Lot 9 DP 1599114/66Motueka31/03/2014URND1/04/2004
329233.1Lot 27 DP 46503D/1245Motueka31/03/2014URND1/04/2004
332384.1Lot 5 DP 159910C/1124Motueka31/03/2014URND1/04/2004
328903.1Pt Lot 34 DP 159910B/1141Motueka31/03/2014URND1/04/2004
331082.1Lot 1 DP 79573D/1080Motueka31/03/2014URND1/04/2004
332381.1Lot 8 DP 159910C/1108Motueka31/03/2014URND1/04/2004
342501.1Lot 25 DP 46503D/1243Motueka31/03/2014URND1/04/2004
331280.1Lot 2 DP 68093D/1236Motueka31/03/2014URND1/04/2004
329227.1Lot 2 DP 52107A/1215Motueka31/03/2014URND1/04/2004
192753.1Pt Lot 17 DP 15065A/1272Motueka30/06/98URND1/07/2001
332141.1Lot 26 DP 46503D/1244Motueka31/03/2014URND1/04/2004
332057.1All DP 323710D/862Motueka31/08/2014URND1/09/2004
338063.1Pt Lots 2, 3 DP 49485C/705Motueka31/12/2014URND1/01/2004
340439.1Lot 4 DP 494810D/860Motueka31/12/2014URND1/01/2004
330614.1Lot 6 DP 514110D/232Motueka30/06/2014URND1/07/2004
338204.1Lot 2 DP 154810D/859Motueka31/12/2014UCND1/01/2004
332142.1Lot 2 DP 265110C/744Motueka31/08/2014URND1/09/2004
332983.1Lot 1 DP 265110C/744Motueka31/08/2014URND1/09/2004
340124.1Lot 12 DP 2012114/62Motueka30/06/2014URND1/07/2004
340899.1Lot 2 DP 447610C/744Motueka31/08/2014URND1/09/2004
330822.1Lot 5 DP 514110D/232Motueka30/06/2014URND1/07/2004
344034.1Lot 1 DP 83034B/499Nelson31/03/2015UCND1/04/2004
331719.1Lot 11 DP 2012114/62Motueka30/06/2014URND1/07/2004
338373.1Lot 1 DP 6168 Lot 20 DP 151210D/864Motueka31/03/2014URND1/04/2004
331154.1Lot 1 DP 514110D/232Motueka30/06/2014URND1/07/2004
334021.1Lot 2 DP 514110D/232Motueka30/06/2014URND1/07/2004
341366.1Lot 1 DP 52713D/1193Motueka30/06/2015RHND1/07/2004
352753.1Sec 111 Blk VI Kaiteriteri Survey District5C/273Motueka30/06/2015RHND1/07/2004
352946.3Lots 8, 9 DP 55196B/87Motueka30/06/2016UCND1/07/2004
179821Sec 58 All DP 1368 Blk III Cloudy Bay Survey District39/221Tuamarina28/02/2016RPND29/02/2004
284487.1Lot 3 DP 14893D/793Motueka30/06/2008RPND1/07/2003
352946.1Lots 3, 4, 5, 6 DP 5519 Lots 1, 2 DP 44426B/87Motueka30/06/2016UCND1/07/2004
178950.1Lot 3 DP 155310D/1029Motueka31/12/2017RPND1/01/2004
360696.1Lots 4, 9 10 DP 45665C/293Nelson30/09/2016URND1/10/2004
365224.1Lot 2 DP 501610D/862Motueka30/06/2017URND1/07/2004
364755.1Lot 6 DP 509811C/426Motueka31/10/2017URND1/11/2004
166910.1Lot 10 DP 15145C/281Motueka31/10/2016RHND1/11/2004
231522.5Lots 4, 5, 6 DP 153986/105Nelson30/11/2003UCND1/12/2002
332143.1Lot 15 DP 2012114/62Motueka30/06/2014URND1/07/2004
183734.4Lot 3 DP 44375A/1200Motueka30/06/98URND1/07/2001
329514.1Lot 2 DP 4344l45/12Motueka31/03/2014URND1/04/2004
192029.1Lot 9 DP 44375A/1205Motueka30/06/98URND1/07/2001
191767.1Lot 8 DP 2588136/84Motueka30/06/98URND1/07/2001
184974.1Pt Lot 25 DP 159910D/1091Motueka30/06/98URND1/07/2001
210649.1, 212731.2Lot 4 DP 44375A/1201Motueka30/06/98URND1/07/2001
183737.1Lot 2 DP 26955A/1181Motueka30/06/98URND1/07/2001
184707.1Pt Lot 26 DP 159910D/1092Motueka30/06/98URND1/07/2001
191102.1Lot 4 DP 64613C/1219Motueka30/06/98URND1/07/2001
191516.1Lot 1 DP 44375A/1198Motueka30/06/98URND1/07/2001
184973.2Lot 2 DP 2588136/84Motueka30/06/98URND1/07/2001
184973.1Lot 1 DP 2588136/84Motueka30/06/98URND1/07/2001
194027.1Lot 2 DP 4400l34/98Nelson30/06/99URND1/07/2001
183734.1Lot 5 DP 44375A/1202Motueka30/06/98URND1/07/2001
201445.1Lot 7 DP 1539610A/839Nelson30/06/99UCND1/07/2001
263521.6Pt Lot 7 DP 159910C/1107Motueka30/09/2005URND1/10/2002
193059.1Lot 3 DP 574112A/808Motueka30/06/98URND1/07/2001
263521.6Pt Lot 7 DP 159910C/1107Motueka30/09/2005URND1/10/2002
248959.4Lot 1 DP 269611B/656Motueka30/06/2005URND1/07/2002
184709.1Lot 5 DP 2588136/84Motueka30/06/98URND1/07/2001
241079.1Lot 1 DP 4776 Pt Sec 18310C/587Motueka31/08/2004URND1/09/2002
210649.1, 212731.3Lot 4 DP 44375A/1201Motueka30/06/98URND1/07/2001
183734.3Lot 8 DP 44375A/1204Motueka30/06/98URND1/07/2001
248959.4Lot 1 DP 269611B/656Motueka30/06/2005URND1/07/2002
270447.1Lots 1, 2, 3 DP 4992105/10Motueka31/12/2007UCND1/01/2002
263521.6Pt Lot 7 DP 159910C/1107Motueka30/09/2005URND1/10/2002
194858.1Lot 7 DP 2588136/84Motueka30/06/98URND1/07/2001
183734.2Lot 10 DP 44375A/1206Motueka30/06/98URND1/07/2001
193758.3Pt Lot 6 DP 152510D/208Motueka31/12/98URND1/01/2001
340857.1Lot 1 DP 68093D/1235Motueka31/03/2014URND1/04/2004
207742.1Lot 12 DP 5819154/96Nelson31/12/98URND1/01/2001
191538.2Pt Sec 4 DP 418612A/808Motueka30/06/98RHND1/07/2001
191538.3Pt Lot 13 DP 160012A/808Motueka30/06/98RHND1/07/2001
189833.1Lot 9 DP 15255C/283Motueka31/12/98RHND1/01/2001
189833.2Lot 11 DP 15255C/283Motueka3l/12/98RHND1/01/2001
192027.1Lot 7 DP 152510D/208Motueka31/12/98RHND1/01/2001
192027.2Lot 1 DP 152510D/208Motueka31/12/98RHND1/01/2001
192027.3Lot 5, Lot 8 DP 152510D/208Motueka31/12/98RHND1/01/2001
196366.1Lot 1 DP 58085C/283Motueka3l/12/98RHND1/01/2001
192026.1Lot 10 DP 15255C/283Motueka31/12/98RPND1/01/2001
191522.1Lot 13 DP 15255C/283Motueka31/12/98URND1/01/2001
192754.1Lot 2 DP 58085C/283Motueka31/12/98UCND1/01/2001
191428.1Lot 2 DP 325612A/808Motueka30/06/98URND1/07/2001
211914.1Lots 2, 3, 4 DP 2792139/78Motueka31/12/2000RHND1/01/2001
193758.2Pt DP 369410D/208Motueka31/12/98UCND1/01/2001
263521.6Pt Lot 7 DP 159910C/1107Motueka30/09/2005URND1/10/2002
194026.3Lot 7 DP 5819154/96Nelson31/12/98URND1/01/2001
211914.2Lot 1 DP 2792139/78Motueka31/12/2000RHND1/01/2001
192755.1Lot 5 DP 25031A/293Nelson31/01/99URND1/02/2001
192182.1Lot 3 DP 25031A/293Nelson31/01/99URND1/02/2001
330809.1Lot 2 DP 43641D/610Motueka31/03/2014UCND1/04/2004
230141.1Lot 3 DP 1426 Pt Sec 7101A/791Nelson31/08/2003URND1/09/2002
192559.1Lot 2 DP 25031A/293Nelson31/01/99URND1/02/2001
194860.1Lot 4 DP 25031A/293Nelson31/01/99URND1/02/2001
194028.1Pt DP 155058/15Motueka30/06/99RPND1/07/2001
193758.1Part Lot 2 DP 152510D/208Motueka31/12/98RPND1/01/2001
209604.1Lot 2 DP 15115B/1153Motueka31/12/2000RHND1/01/2001
283614.1Lot 3 DP 166258/76Motueka31/12/2006RHND1/01/2002
196979.1Lot 3 DP 1650 Blk III Motueka Survey District58/75Motueka31/12/99RPND1/01/2001
201020.1Lot 1 DP 79673D/1038Motueka30/06/2000RPND1/07/2001
201019.1All DP 41845C/280Motueka30/06/2000URND1/07/2001
341023.1Lot 1 DP 1651110C/1296Motueka30/06/2014URND1/07/2004
268679.1Lot 1 DP 2926 Lot 4 DP 29785C/276Moutere 31/12/2005UCND1/01/2002
202051.1Pt Lot 2 DP 198510C/593Motueka3/10/2000RHND4/10/2001
204541.1All DP 342210C/593Motueka3/10/2000RHND4/10/2001
211863.1Lot 1 DP 1985145/9Motueka3/10/2000URND4/10/2001
200853.1Pt Lot 2 DP 243910C/593Motueka3/10/2000URND4/10/2001
205351.1Lot 13 DP 1511145/14Motueka31/12/2000RHND1/01/2001
205350.1Lot 1 DP 263511C/599Nelson31/12/2000URND1/01/2001
234238.1Lot 28 DP 261912B/217Motueka31/12/2003URND1/01/2002
205803.1Lot 3 DP 97375B/429Motueka31/12/2000URND1/01/2001
220512.1Pt Lots 1, 2 DP 1481168/83, 5C/286Motueka31/12/2001RHND1/01/2001
248470.1DP 138451/197Nelson31/12/2005UCND1/01/2002
210736.1Lot 1 DP 100055B/930Motueka31/12/2000URND1/01/2001
233793.1Lot 106 DP 261912B/75Motueka31/12/2003URND1/01/2002
209327.4Lot 1 DP 106495D/1039Motueka31/12/2000URND1/01/2001
269594.1Lot 2 DP 118338A/928Motueka31/12/2000URND1/01/2001
204350.1DP 2883 Lot 15B/1153Motueka31/12/2000URND1/01/2001
205252.1Lot 12 DP 14816B/609