Maori Purposes Act 1970

Reprint
as at 1 July 1993

Coat of Arms of New Zealand

Maori Purposes Act 1970

Public Act1970 No 120
Date of assent27 November 1970
Commencement27 November 1970

Note

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

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

This Act is administered by Te Puni Kōkiri.


Contents

Title

1 Short Title

Part 1
Amendments to Maori Affairs Act 1953

[Repealed]

2 This Part to form part of the Maori Affairs Act 1953 [Repealed]

3 Salaries of Judges [Repealed]

4 Period for investigation of customary land extended [Repealed]

5 Vesting orders transferring interests in land [Repealed]

6 Repeal of Part 25 of principal Act [Repealed]

7 Leasing of Maori reservations [Repealed]

8 Adjustment of shareholding by incorporations [Repealed]

9 Orders amalgamating incorporations and orders including in incorporations owners of additional land owned by Maoris may be retrospective [Repealed]

10 Investigation of incorporations' affairs [Repealed]

Part 2
Miscellaneous amendments to Maori legislation

11 Setting apart land for purposes of Maori Housing Act 1935

12 Hall site for Ngati Poneke Maori Association

13 Powers of Maori Trustee in respect of leases of reserved land [Repealed]

14 Beneficial owners may resolve to apply money for specified purpose

15 Constitution of Maori Soldiers Trust Committee

16 Maori Trustee may recognise committee of beneficial owners

17 Position with regard to leases when Maori vested land revested in owners

18 Subsidy to New Zealand Maori Council

Part 3
East Coast Maori Trust lands

19 Interpretation

20 Disposition by Commissioner of remaining assets

21 Disposal of remaining assets by Commissioner

22 Discharge of Commissioner

23 Land to be held by Maori Trustee pending determination of owners

24 Disposition by Maori Trustee of assets other than land

25 Repeals

Part 4
Poho-o-Rawiri Marae

26 Poho-o-Rawiri Marae set apart as a Maori Reservation

27 Poho-o-Rawiri Marae Committee

28 Meetings of Committee

29 Land vested in Committee

30 Authority to sell, lease, or exchange land

31 Dissolution of the Proprietors of Poho-o-Rawiri and provision incidental thereto


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 1970.

Part 1
Amendments to Maori Affairs Act 1953

[Repealed]

  • Part 1: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

2 This Part to form part of the Maori Affairs Act 1953
  • [Repealed]

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

3 Salaries of Judges
  • [Repealed]

    Section 3: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

4 Period for investigation of customary land extended
  • [Repealed]

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

5 Vesting orders transferring interests in land
  • [Repealed]

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

6 Repeal of Part 25 of principal Act
  • [Repealed]

    Section 6: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

7 Leasing of Maori reservations
  • [Repealed]

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

8 Adjustment of shareholding by incorporations
  • [Repealed]

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

9 Orders amalgamating incorporations and orders including in incorporations owners of additional land owned by Maoris may be retrospective
  • [Repealed]

    Section 9: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

10 Investigation of incorporations' affairs
  • [Repealed]

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

Part 2
Miscellaneous amendments to Maori legislation

11 Setting apart land for purposes of Maori Housing Act 1935
  • (1), (2) Amendment(s) incorporated in the Act(s).

    (3) This section shall come into force on 1 January 1971.

12 Hall site for Ngati Poneke Maori Association
  • (1) Amendment(s) incorporated in the Act(s).

    (2) This section shall be deemed to have come into force on 24 October 1969.

13 Powers of Maori Trustee in respect of leases of reserved land
  • [Repealed]

    Section 13: repealed, on 10 October 1975, by section 9(e) of the Maori Purposes Act 1975 (1975 No 135).

14 Beneficial owners may resolve to apply money for specified purpose
  • (1) Amendment(s) incorporated in the Act(s).

    (2) [Repealed]

    Section 14(2): repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

15 Constitution of Maori Soldiers Trust Committee
  • (1) Amendment(s) incorporated in the Act(s).

    (2) This section shall be deemed to have come into force on 14 December 1962.

16 Maori Trustee may recognise committee of beneficial owners
  • Amendment(s) incorporated in the Act(s).

17 Position with regard to leases when Maori vested land revested in owners
  • Amendment(s) incorporated in the Act(s).

18 Subsidy to New Zealand Maori Council
  • Amendment(s) incorporated in the Act(s).

Part 3
East Coast Maori Trust lands

19 Interpretation
  • In this Part, unless the context otherwise requires, Commissioner means the East Coast Commissioner under Part 4 of the Maori Purposes Act 1931, and includes the deputy appointed under that Part of that Act to exercise the powers and functions of the Commissioner.

20 Disposition by Commissioner of remaining assets
  • (1) The Commissioner is hereby authorised and directed as soon as conveniently may be after the commencement of this Act, to transfer to the Maori Trustee the title to the land comprised in the Mangaotane Trust Estate, established by section 12 of the Maori Purposes Act 1951, as the same is described in subsection (2) of this section, and, after meeting all legal and other costs, charges, and expenses incurred in respect of the estate, to pay, deliver and transfer to the Maori Trustee all money and other assets comprised in the Trust Estate.

    (2) The land affected by subsection (1), being the land comprised in the Mangaotane Trust Estate, consists of:

    • (a) all those pieces of land containing 9 178 acres, more or less, being Lot 3 on Deposited Plan 2395 and Lot 4 on Deposited Plan 2396, and being all the land comprised and described in certificate of title, No 1D/1207, Gisborne Registry, subject to Memorandum of Lease No 88102:

    • (b) all those pieces of land containing 4 438 acres 3 roods 5 perches, more or less, being Lot 2 on Deposited Plan 2394 and Lot 1 on Deposited Plan 3525, and being all the land comprised and described in certificate of title, No 1D/1208, Gisborne Registry, subject to the fencing covenant in Transfer 20920 and to Memorandum of Lease No 88102.

21 Disposal of remaining assets by Commissioner
  • After disposing of the assets of the Mangaotane Trust Estate pursuant to section 20 the Commissioner shall—

    • (a) pay from his General Reserve the taxation and other liabilities provided for and shown in his audited balance sheet at 30 June 1970; and

    • (b) dispose of the balance of his General Reserve in the manner proposed in his report made to the court pursuant to section 14 of the Maori Purposes Act 1953 for the year ended on that day and already filed in the court with an application for confirmation under that section.

22 Discharge of Commissioner
  • Upon the Commissioner filing in the court a certificate that he has complied with the requirements of sections 20 and 21 he shall be and be deemed to have been discharged from his office and from all liability in respect of his administration other than liability in respect of any fraud or fraudulent breach of trust to which he has been a party or privy.

23 Land to be held by Maori Trustee pending determination of owners
  • (1) Pending the making by the court of an order under section 17 of the Maori Purposes Act 1951 in respect of the land transferred to the Maori Trustee pursuant to section 20 of this Act, he shall hold it in trust for the persons who shall by that order be declared to be the owners thereof.

    (2) Upon and by the making by the court of that order under section 17 of the Maori Purposes Act 1951, the land referred to in subsection (1) of this section shall become and be deemed to be Maori land and shall vest for a legal and beneficial estate in fee simple in the persons set out in the order and in the shares shown therein. The Registrar of the court shall transmit the order to the District Land Registrar who shall amend his records accordingly.

24 Disposition by Maori Trustee of assets other than land
  • (1) Subject to the provisions of subsection (2), the Maori Trustee shall, upon the expiry of 4 months after the date of the making of the order under section 17 of the Maori Purposes Act 1951, convert into money all remaining property transferred to him by the Commissioner pursuant to section 20 not then consisting of money and shall distribute the fund then held, after payment of any expenses and charges, to the owners of the land affected by that order as if it were money derived from the alienation of the land,

    (2) Nothing in subsection (1) shall be construed to prevent the Maori Trustee from giving effect to any lawful order of the court for the payment of money otherwise than as provided by that subsection or to any confirmed resolution of the assembled owners of the land passed under Part 23 of the Maori Affairs Act 1953 as to the application of the money.

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

    (2) The provisions of this Part shall prevail over and supersede the provisions of Part 4 of the Maori Purposes Act 1931, Part 2 of the Maori Purposes Act 1951, and Part 1 of the Maori Purposes Act 1953 to the extent that they are inconsistent with those provisions.

Part 4
Poho-o-Rawiri Marae

26 Poho-o-Rawiri Marae set apart as a Maori Reservation
  • (1) The land described in subsection (2) (hereinafter in this section referred to as Poho-o-Rawiri Marae) is hereby set apart as a Maori reservation under section 439 of the Maori Affairs Act 1953 for the common use and benefit of the members of the tribes named in subsection (3) as a Maori community centre.

    (2) The land comprised in Poho-o-Rawiri Marae consists of:

    • (a) all those pieces of land containing 8 acres 6.6 perches, more or less, being Lots 1 and 2 on Deposited Plan 3086 and being all the land comprised and described in certificate of title, No 111/23, Gisborne Registry:

    • (b) all those pieces of land containing 1 rood 29.8 perches, more or less, being Lot 1 on Deposited Plan 5090 and part Lot 2 on Deposited Plan 4952, and being all the land comprised and described in certificate of title, No 1A/300, Gisborne Registry:

    • (c) all that piece of land containing 4 acres, more or less, being Kaiti 322 Block, and being all the land comprised and described in certificate of title, No 3A/905, Gisborne Registry, subject to Memorandum of Lease No 58667.

    (3) The tribes for whose use and benefit the Poho-o-Rawiri Marae is set apart are:

    • Ngationeone

    • Ngatiporou (and its constituent hapus)

    • Rongowhakaata

    • Aitanga-a-Mahaki

    • Ngai Tamanuhiri.

27 Poho-o-Rawiri Marae Committee
  • (1) The persons holding office at the commencement of this Act as members of the committee of management of the Maori incorporation known as “The Proprietors of Poho-o-Rawiri” are hereby constituted a body corporate with perpetual succession and a common seal under the name of “Poho-o-Rawiri Marae Committee”.

    (2) Members of the Poho-o-Rawiri Marae Committee shall be elected and appointed and shall retire and may resign or be removed from office as if they were members of the committee of management (consisting of 7 members) of a Maori incorporation under Part 4 of the Maori Affairs Amendment Act 1967, constituted in the year 1969, and the provisions of subsections (4) and (5) of section 52, section 53, subsections (1) to (6) of section 54, and sections 55 and 56 of that Act and of the Maori Incorporations Regulations 1969 shall with the necessary modifications apply accordingly:

    provided that the meetings required by subsection (1) of section 28 shall for the purposes of the provisions abovementioned stand in place of the annual general meetings of shareholders.

28 Meetings of Committee
  • (1) The Poho-o-Rawiri Marae Committee shall once in each year within 6 months after 31 March arrange for and hold a general meeting of members of the tribes named in subsection (3) of section 26 for the purpose of receiving a report on the administration of the Poho-o-Rawiri Marae and the financial statement required to be prepared under subclause (3) of regulation 5 of the Maori Reservations Regulations 1963 and of discussing the same and the administration of the Marae and (if necessary) of electing a person or persons to fill any vacancies in the Committee, and may arrange for and hold special general meetings for any such purpose.

    (2) If any question shall arise at any general meeting as to whether any person is or is not a member of one of the tribes named in subsection (3) of section 26 the question shall be decided in the first instance by the chairman of the meeting after such consultation as he thinks fit. The chairman's decision shall be final for that meeting and, unless within 7 days after the meeting any person interested appeals in writing to the Committee against the decision, it shall be final for all purposes. If an appeal is made to the Committee its decision after hearing the appellant, and the person concerned if he be not the appellant, shall be final.

29 Land vested in Committee
  • (1) The land described in subsection (2) of section 26 is hereby vested for an estate in fee simple in the Poho-o-Rawiri Marae Committee to hold and administer it subject to the provisions of this section as trustees under and in accordance with section 439 of the Maori Affairs Act 1953 and any regulations made under that section.

    (2) The District Land Registrar for the Gisborne Land Registration District is hereby authorised and directed without fee to enter upon the certificates of title to the said land a memorial of the vesting effected by subsection (1).

30 Authority to sell, lease, or exchange land
  • Except in respect of the land comprised in certificate of title, No 111/23, and notwithstanding the provisions of subsection (9) of section 439 of the Maori Affairs Act 1953, the Poho-o-Rawiri Marae Committee may, with the consent of the court, sell, lease, or exchange any of the land for the time being vested in it.

31 Dissolution of the Proprietors of Poho-o-Rawiri and provision incidental thereto
  • (1) The Maori incorporation known as The Proprietors of Poho-o-Rawiri is hereby dissolved and all the personal property and all the rights, powers, and privileges appertaining to that incorporation are hereby vested in the Poho-o-Rawiri Marae Committee, which shall also become subject to and liable for all claims and liabilities to which that incorporation was subject.

    (2) The order made by the court at Gisborne on 1 September 1954 under section 438 of the Maori Affairs Act 1953 and registered in the Land Registry Office at Gisborne under No 51869 in respect of part of the land described in subsection (2) of section 26 of this Act is hereby revoked.

    (3) The order made by the court on 3 December 1883 under the provisions of the Native Land Court Act 1880 and the Native Land Division Act 1882 vesting part of the land described in subsection (2) of section 26 in 3 trustees is hereby revoked.


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 1970. The reprint incorporates all the amendments to the Act as at 1 July 1993, 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)