(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 to this Act (being lands which have heretofore been administered by the Maori 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) of this section 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 Maori Trustee pursuant to section 8 of this Act 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 Maori Trustee for a legal estate in fee simple.

(1) The Governor-General may, by Order in Council, declare any land which is vested in the Maori 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 Maori 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.

(1) Subject to the provisions of this Act, all reserved land shall be held by the Maori 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 to this Act shall be held and administered by the Maori Trustee in accordance with the trusts prescribed in the third column of that Schedule applying to that reserve.

(1) It shall be the duty of the District Land Registrar, upon receiving a certificate by the Maori Trustee to the effect that the land to which the certificate relates is reserved land, to issue to the Maori Trustee one 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 Maori Trustee to any reserved land.

(2) Upon a request made to him in writing by the Maori 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.

All reserved land shall, while it remains vested in the Maori Trustee, be deemed to be Maori freehold 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) of this section, 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.

(1) Except as otherwise provided by this Act, the Maori 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 Maori Trustee, profitably be used in the interests of the beneficiaries on whose behalf the land is administered, the Maori Trustee may, with the consent of the Minister, sell the land upon such terms and conditions as the Maori Trustee thinks fit.

(3) The power conferred on the Maori 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 Maori Trustee, in the interests of the beneficiaries on whose behalf the land is administered.

(1) The equitable owner of the 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 sections 164 and 165 of Te Ture Whenua Maori (Maori Land) Act 1993—

  • (i) In accordance with the provisions of subsection (4) of the said sections 164 and 165; 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 of this Act:

• (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 of this Act.

(2) For the purposes of subsection (1) of this section, 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 Maori 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 9 of Te Ture Whenua Maori (Maori Land) Act 1993 may pass a resolution under paragraph (d) of section 172 of that Act, and the provisions of that Part shall apply accordingly.

(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 Maori 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) of this section for the service of any notice upon the assignor or his representative if it is satisfied that his whereabouts are unknown.

(1) On application made to it in that behalf by the Maori 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 6 of Te Ture Whenua Maori (Maori Land) Act 1993.

(1) Where any reserved land is vested in the Maori 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 Maori 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 Maori Trustee to invoke the equitable jurisdiction of the High Court in respect of the trusts relating to any reserved land.

(1) Notwithstanding anything contained in Te Ture Whenua Maori (Maori Land) Act 1993, the Court shall have jurisdiction, on the application of the Maori Trustee, to partition any reserved land among the beneficial owners thereof.

(2) Subject to the provisions of subsection (3) of this section, 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 Maori 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.

(1) On application made to it by the Maori Trustee, the Court may make an order vesting in the beneficial owners thereof any reserved land which, in the opinion of the Maori 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 authorised 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 Maori 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 Maori 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 220 of Te Ture Whenua Maori (Maori Land) Act 1993 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.

(1) With the consent of the Maori 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 sections 310 to 314 of Te Ture Whenua Maori (Maori Land) Act 1993, and the provisions of that Part shall apply to any such exchange order.

(1) The Governor-General may from time to time, by Order in Council, constitute the beneficial owners of any one or more parcels of reserved land, a Maori incorporation under Part 13 of Te Ture Whenua Maori (Maori Land) Act 1993, 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 247 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 13 of Te Ture Whenua Maori (Maori Land) Act 1993 shall, with all necessary modifications, apply accordingly.

(2) On application by the Maori Trustee at any time after the constitution of a Maori incorporation pursuant to subsection (1) of this section, 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 275(9) and (10) of Te Ture Whenua Maori (Maori Land) Act 1993 and the provisions of the Maori Incorporations Constitution Regulations 1994 relating to general meetings of shareholders shall, with all necessary modifications, apply accordingly.

(3) The chairman of the meeting held pursuant to subsection (2) of this section 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 13 of Te Ture Whenua Maori (Maori Land) Act 1993, the fee simple of the land specified in any Order in Council made under subsection (1) of this section 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) of this section. 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 Maori Trustee shall, until that land is transferred by him to the corporation pursuant to subsection (6) of this section, 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 Maori Trustee may continue to charge fees, expenses, and commission in respect of his administration of the land and money.

(6) The Maori 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 Maori 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 Part 13 of Te Ture Whenua Maori (Maori Land) Act 1993.

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

(10) Every memorandum of transfer from the Maori 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.

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.

(1) On the death of any person, whether a Maori or a European who has died before the 1st day of 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 of this Act.

(2) On the making of a vesting order under this Part of this Act 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 of this Act 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 the 1st day of 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.

(1) On application made to it by any person interested or by the Registrar or the Maori Trustee, the Court shall determine the persons (in this Part of this Act 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.

(1) When the Court has ascertained the beneficiaries and has defined their relative shares in accordance with section 18 of this Act, 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]

(1) No interest in any reserved land possessed by any Maori or descendant of a Maori who has died before the 1st day of 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 of this Act, vesting the interest in any person other than the Maori 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 of this Act, 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.

(1) The Maori 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 Maori Trustee may lease any land by way of a prescribed lease.

(1) The Maori 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 one 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 Maori 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 Maori Trustee, either in one sum or by instalments, as may be agreed between the lessee and the Maori Trustee, an amount equal to the value of the reversionary interest of the Maori 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 Maori Trustee and on the payment by him of the appropriate fee.

(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 Maori Trustee may, subject to the provisions of subsection (4) of this section, 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 Maori Trustee to grant to him, instead of a renewed term of his lease, a prescribed lease, and the Maori Trustee shall, subject to the provisions of subsections (3) and (4) of this section, grant to the lessee a prescribed lease accordingly.

(3) If any dispute arises between the Maori Trustee and the lessee as to whether the prescribed lease to be granted under this section should be in Form A or Form B in Schedule 2 to this Act, the decision of the Maori 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 Maori Trustee pursuant to the provisions of this section without the consent of the mortgagee.

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

(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 of this Act and not otherwise.

(2) In any case to which subsection (1) of this section applies, a registered valuer, on application made to him by the Maori 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.

(1) On the completion of a special valuation under section 30 of this Act, 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 land 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.

(1) In determining the capital value or the land value of any land for the purposes of a special valuation under this Part of this Act, 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 land 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 Maori Trustee, but half the amount of the fee paid by the Maori Trustee shall be recoverable from the lessee as a debt.

(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 Maori 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.

(1) The Maori Trustee and the lessee shall have a right of objection to the Land Valuation Tribunal in respect of every valuation made under section 30 of this Act.

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

(3) The Maori 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 Maori Trustee under subsection (3) of this section, the Maori 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 Maori Trustee and the lessee waiving their respective rights of objection to the valuation to which the certificate relates, but, where the Maori Trustee and the lessee do not agree to waive their respective rights, the Maori Trustee shall file a copy of the certificate of valuation in the appropriate office of the District Court.

(6) If the lessee or the Maori 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 Maori 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 Maori 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 Maori 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.

(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 in Schedule 2 to this Act in substitution for a former lease or under any renewed term of any lease in that Form, shall be 4 percent of the land value of the land as shown by the certificate of valuation prepared in accordance with the provisions of section 31 of this Act 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 in Schedule 2 to this Act in substitution for a former lease or under any renewed term of any lease in that Form, shall be 5 percent of the land value of the land as shown by the certificate of valuation prepared in accordance with the provisions of section 31 of this Act 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 of this Act, be less than the minimum annual rent as prescribed in section 35 of this Act.

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

(2) Where, for the purposes of this Part of this Act, it is necessary to ascertain the minimum annual rent of any land which is part only of the land comprised in a lease, the Maori 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 of this Act, be the minimum annual rent for that part. Every such apportionment by the Maori Trustee shall be final and conclusive.

Where, pursuant to the provisions of section 53 of this Act, 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 percent of the amount fixed by the Land Valuation Tribunal to represent the deterioration in the quality of the land.

Where the lessee under a lease in Form B in Schedule 2 to this Act elects to take a renewed term thereof, and the annual rent for the renewed term calculated at the rate of 5 percent of the land value of the land, as determined by the special valuation, is less than the minimum annual rent, the lessee may require the Maori 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 Maori 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 of this Act.

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 one 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 of this Act 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 of this Act, 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 Maori Trustee the amount of the value of the improvements fixed as aforesaid:

• (f) Except in cases where the outgoing lessee is the purchaser, the Maori 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 Maori 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 Maori 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 Maori Trustee, shall be returned by the Maori Trustee to the new lessee.

(1) If the right to a new lease is not purchased under section 38 of this Act, or if the purchaser, not being the outgoing lessee, fails to pay to the Maori 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 one month after the memorandum is tendered to him for the purpose, the Maori 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 Maori Trustee may determine, but otherwise on the terms and conditions prescribed in section 38 of this Act.

(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 Maori 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 Maori Trustee, subject to any deduction made in accordance with the provisions of section 38 of this Act, in full satisfaction of the amount due to him for improvements.

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

Until the date of commencement of a new lease granted under section 38 or section 39 of this Act, 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.

(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 of this Act, 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 Maori 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 Maori Trustee, and an umpire to be appointed by the arbitrators. Every such arbitration shall be conducted in accordance with section 82 of this Act, 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) of this section are applicable the Maori Trustee may amend the lease in such a manner as to disclose in the lease the method of ascertaining the ground rent.

(1) Notwithstanding the foregoing provisions of this Act, the Maori 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 Maori Trustee thinks fit:

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

(3) Upon surrender of any lease under this section, the Maori 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.

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

(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 land values and the value of improvements.

Any proceedings brought under section 38 of this Act 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 Maori 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 Maori Trustee and the lessee respectively, or the cost of repairing or restoring the same as estimated by the Maori Trustee and the lessee respectively, and such other particulars as may appear to be relevant to the issue.

The Registrar of the District Court in which the proceedings were filed shall notify the Maori 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 Maori Trustee and the lessee, after the time for appeal as provided in section 47 of this Act 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.

(1) Within 2 months after the date of the receipt of the notice given under section 46 of this Act the Maori 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.

(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.

A copy of the notice of motion shall be served by the lessee on the Maori Trustee where the lessee is the appellant, and by the Maori Trustee on the lessee where the Maori 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.

(1) It shall not be necessary for the Maori Trustee in the case where the lessee appeals, or for the lessee in the case where the Maori 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.

(1) On the filing of a notice of motion on appeal under this Part of this Act, 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 High Court to the Maori Trustee and to the lessee of the land affected, and to the registered valuer who conducted the special valuation objected to.

(1) On the hearing of any appeal under this Part of this Act 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 land values and the values of improvements.

(3) The provisions of section 46 of this Act 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 Maori Trustee and the lessee.

(1) Any reference to the Land Valuation Tribunal of any question relating to deterioration under section 37 of this Act shall be by way of application by the Maori 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) of this section, 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 percent of the land 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.

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

Subject to the foregoing provisions of this Part of this Act, 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.

(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 of this Act 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 of this Act in the Land Valuation Tribunal commenced before 1 July 1998 shall be paid out of money appropriated by Parliament for the purpose.

Subject to the provisions of this Part of this Act, 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.

In this Part of this Act, unless the context otherwise requires,—

The Maori 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.

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.

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 of this Act.

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

• (a) In relation to any renewable lease the original term of which commenced before the 1st day of January 1913, and which before the commencement of this Act has been renewed for one 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 the 31st day of 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 one term.

(3) Where for the purposes of this Part of this Act 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 Maori 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 Maori Trustee shall be final and conclusive.

(1) Where the Committee has, pursuant to the provisions of section 75 of this Act, fixed the amount by which the land 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 percent of the land 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 of this Act, 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 of this Act.

(1) Not earlier than 1 year and not later than 6 months before the expiry of the term of any renewable lease, the Maori 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 Maori 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.

(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 land 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, land 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 of this Act 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 of this Act, 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 of this Act.

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

(2) Where the Maori 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 Maori Trustee, and to the Maori Trustee where the objection is made by the lessee.

(3) If within the said period of 2 months the Maori 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 Maori 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.

(1) If no objection is made to the special valuation within the said period of 2 months, the Maori Trustee shall, as soon as practicable thereafter, give notice in writing to the lessee requiring him to elect within one 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 percent of the land 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 percent of the land 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 Maori 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 land 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 Maori 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 of this Act.

(3) If the lessee fails within the said period of one month to give to the Maori 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 Maori Trustee.

(1) The Maori Trustee shall, when an objection to any valuation has been determined by the Committee in accordance with the provisions of this Part of this Act, give notice in writing to the lessee requiring him to elect within one month after the receipt of the notice whether he will accept a renewal of his lease at an annual rent equal to 5 percent of the land 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 of this Act shall, as far as they are applicable and with the necessary modifications, apply to every notice given under subsection (1) of this section and to the rights of the lessee and the Maori Trustee in relation to the renewal lease in all respects as if no objection to the valuation had been made.

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 of this Act, and all the provisions of that section and of sections 39, 40, and 41 of this Act 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.

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

(2) The Committee shall consist of:

• (a) One member to be appointed on the nomination of the Minister of Justice in consultation with the Minister of Maori Affairs:

• (b) One member to be appointed on the nomination of the Maori Trustee:

• (c) One 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) of this section 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.

(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 Maori 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.

Subject to the provisions of section 71 of this Act, 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.

(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.

(1) All objections to valuations under this Part of this Act 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 authorise 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.

(1) Where the lessee in electing to take a renewed term of his lease has, in accordance with the provisions of section 67 of this Act, required the Maori 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 land 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 Maori Trustee has referred that question to the Committee for determination, the Committee shall fix the amount (if any) by which the land value of the land has depreciated through any such cause. The onus of proving that the land 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 land value of the land has depreciated since the date by reference to which the minimum annual rent has been ascertained, the land value of the land at that date shall be deemed to be the minimum annual rent capitalised at 5 percent.

In the exercise of his powers of leasing under this Act the Maori 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 money receivable by the Maori Trustee in respect of that lease shall be from time to time apportioned by the Maori Trustee between those owners in such manner as he deems just and equitable.

(1) Upon the production of any lease of any reserved land, duly executed by the lessee and the Maori 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 Maori 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.

(1) Where the lessee of any area of reserved land and the Maori Trustee have agreed that any other area of reserved land should be incorporated in the lease, the Maori 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.

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 underlessee:

• (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.

Where any lease of reserved land which is renewable is held by 2 or more lessees as tenants in common and any one 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 Maori Trustee may grant a renewed term to the tenants in common to the exclusion of any one 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.

(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 Maori 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 1908, 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.

(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 of this Act shall be borne in equal shares by the Maori 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 of this Act, 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.

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 Maori 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.

(1) The Maori 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 of this Act, the Maori 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.

(1) The Maori 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 9 of Te Ture Whenua Maori (Maori Land) Act 1993, sell to any person to 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 9 of Te Ture Whenua Maori (Maori Land) Act 1993 shall, as far as they are applicable, and with the necessary modifications, apply thereto.

(4) Notwithstanding anything contained in Part 2 of this Act, the Maori 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.

(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 one, 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 Te Ture Whenua Maori (Maori Land) Act 1993 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 authorised 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.

Where any reserved land is held by the Maori Trustee upon trust to pay the rents or other income arising therefrom to the beneficial owners thereof, the Maori 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 money arising from the land, whether as purchase money, compensation, royalties, or otherwise.

Notwithstanding the provisions of sections 9 and 88 of this Act, on application by the beneficial owners and with the prior consent of the Minister, the Maori 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.

(1) The Maori 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) of this subsection:

• (c) The making of grants towards the erection, replacement, repair, upkeep, maintenance, equipping, and furnishing, of any building, wheresoever situated, which, in the Maori 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 Maori Trustee's opinion is or will be principally or substantially used by Maoris or the descendants of Maoris.

(2) Any land acquired by the Maori 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 Maori Trustee upon such terms and conditions as he thinks fit:

Provided that no such land shall be sold by the Maori 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.

(1) The Maori 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 Maori 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) of this section, 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 Maori 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 Maori 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.

(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 the 17th day of June 1901 in respect of the lands referred to in subsection (3) of this section, and the names and relative shares of the beneficial owners of the said lands as appearing in the records of the Maori Trustee, all payments of rents or other money arising from the said lands which have heretofore been made by the Public Trustee or the Maori Trustee, and all payments which are hereafter made by the Maori 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 Maori 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 Maori 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 of this Act shall extend and apply to any partition orders made by the Court.

(3) The lands to which this section apply 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 Maori Trustee.

(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.

(1) The enactments specified in Schedule 3 to this Act 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 any thing 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.