Maori Purposes Act 1961

Reprint
as at 24 June 1996

Coat of Arms of New Zealand

Maori Purposes Act 1961

Public Act1961 No 129
Date of assent1 December 1961
Commencement1 December 1961
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by Te Puni Kōkiri.

An Act to amend the law relating to Maoris and Maori land, and for other purposes

1 Short Title

  • This Act may be cited as the Maori Purposes Act 1961.

2 Provisions of Maori Affairs Act 1953 to apply to this Act

  • Words and expressions used in this Act shall, unless a contrary intention appears, have the same meaning as in the Maori Affairs Act 1953 (hereinafter referred to as “the principal Act”), and the provisions of the principal Act, as far as they are applicable, shall extend and apply to the cases provided for in this Act in as full and ample a manner as if this Act had been incorporated with and formed part of the principal Act.

Amendments to principal Act

[Repealed]

  • Heading: repealed, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

3 Judges to be Justices of the Peace

  • [Repealed]

    Section 3: repealed, on 1 January 1975, by section 43(2) of the Maori Affairs Amendment Act 1974 (1974 No 73).

4 Rehearings

  • [Repealed]

    Section 4: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

5 Maori Land Court orders

  • [Repealed]

    Section 5: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

6 Grant of letters of administration subject to bond

  • [Repealed]

    Section 6: repealed, on 14 December 1976, by section 7(3)(a) of the Maori Purposes Act 1976 (1976 No 148).

7 Disposition of interests of deceased owner of Maori land

  • [Repealed]

    Section 7: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

8 Modes of partition

  • [Repealed]

    Section 8: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

9 Vesting land in trustees

  • [Repealed]

    Section 9: repealed, on 22 November 1967, by section 142(3)(a) of the Maori Affairs Amendment Act 1967 (1967 No 124).

10 Amendment to orders by Chief Judge

  • [Repealed]

    Section 10: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

11 Trust funds held by Maori Trustee

  • [Repealed]

    Section 11: repealed, on 1 April 1963, by section 34(3) of the Maori Affairs Amendment Act 1962 (1962 No 45).

12 Funds to meet compensation

  • [Repealed]

    Section 12: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

13 Validity of instruments executed on behalf of owners

  • [Repealed]

    Section 13: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

Amendments to other Acts relating to Maoris

14 Maori housing

  • (1) [Repealed]

    (2)–(6) Amendment(s) incorporated in the Act(s).

    (7) Any land comprised in any certificate of title issued under section 12 of the Maori Housing Amendment Act 1938 which, immediately before the commencement of this subsection, was deemed to be Maori freehold land shall, on the commencement of this subsection, be deemed to be European land and the District Land Registrar shall, on request by any person interested, make such entries in his registers or on any certificate of title or other relevant document as may be necessary to give effect to the provisions of this subsection.

    Section 14(1): repealed, on 1 January 1971, by section 11(2) of the Maori Purposes Act 1970 (1970 No 120).

15 Special Maori Housing Fund

  • [Repealed]

    Section 15: repealed, on 31 March 1977, by section 25(4)(b) of the Maori Purposes Act 1976 (1976 No 148).

16 Unclaimed money in Common Fund

  • (1)–(4) Amendment(s) incorporated in the Act(s).

    (5) Notwithstanding the foregoing provisions of this section or the provisions of any other enactment, and notwithstanding the repeal by section 21 of the Maori Purposes Act 1960 of subsections (11), (12), and (13) of section 30 of the Maori Trustee Act 1953, the provisions of the said subsections as originally enacted shall be deemed to enure for the purpose of enabling 1 scheme of distribution to be prepared in respect of unclaimed money derived from the South Island Maori Land Court district, and the provisions of the said subsections (11), (12), and (13) as originally enacted shall apply to any scheme of distribution prepared in accordance with this subsection as if those subsections had never been repealed:

    provided that no such scheme of distribution shall have any application in respect of any sum in excess of 2,500 pounds:

    provided also that it shall not be necessary to have any such scheme confirmed by the court.

17 Contributions by Maori Trustee to Maori Education Foundation

  • (1) There may be paid by the Maori Trustee from the General Purposes Fund established by section 23 of the Maori Trustee Act 1953, without further appropriation than this section, the sum of 10,000 pounds to the Maori Education Foundation established under the Maori Education Foundation Act 1961.

    (2) [Repealed]

    (3) Subsection (2) shall come into force on 1 April 1962.

    Section 17(2): repealed, on 24 June 1996, by section 3(2)(a) of the Maori Trustee Amendment Act 1996 (1996 No 34).

18 Compensation fund for vested land leases

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

19 Powers of Maori Trust Boards

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

20 Maori Trust Board may appoint agent to farm

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

    (2) This section shall be deemed to have come into force on 1 September 1961.

Miscellaneous provisions

21 Validating devise under will of Tiki Taimona Hurae

  • Notwithstanding the provisions of section 114 of the principal Act, the devise of an interest in land to Hungahunga Richard Hurae under the will of the late Tiki Taimona Hurae, of Tapairu, carpenter, shall be deemed to be a good and valid devise and shall take effect according to its tenor.

22 Distribution of proceeds from Tarawera 5B Block

  • The money referred to in the prayer of the petition to the House of Representatives of Ngatera Mohi and others, dated 30 October 1961, being money arising under an agreement for the sale of timber on the land known as Tarawera 5B Block, shall, together with any interest that may have accrued thereon, be paid, as soon as practicable after the commencement of this section, to the Maori Trustee, and the Maori Trustee shall, after deducting therefrom all sums properly deductible, whether for costs, charges, commission, or otherwise, distribute the money to the persons named in the provisional list of owners of the Tarawera Block declared by the court on 7 May 1953, under paragraph (b) of subsection (2) of section 13 of the Maori Purposes Act 1952, in accordance with their relative shares expressed in that list, or to the successors of those persons in their relative shares.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Maori Purposes Act 1961. The reprint incorporates all the amendments to the Act as at 24 June 1996, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Maori Trustee Amendment Act 1996 (1996 No 34): section 3(2)(a)

    Te Ture Whenua Maori Act 1993 (1993 No 4): section 362(2)

    Maori Purposes Act 1976 (1976 No 148): sections 7(3)(a), 25(4)(b)

    Maori Affairs Amendment Act 1974 (1974 No 73): section 43(2)

    Maori Purposes Act 1970 (1970 No 120): section 11(2)

    Maori Affairs Amendment Act 1967 (1967 No 124): section 142(3)(a)

    Maori Affairs Amendment Act 1962 (1962 No 45): section 34(3)