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Add to web feed | Public Act | 1973 No 106 |
| Date of assent | 23 November 1973 |
This Act is administered in the Ministry of Maori Development.
An Act to amend the law relating to Maoris and Maori land, and for other purposes
This Act may be cited as the Maori Purposes Act (No 2) 1973.
This part of this Act shall be read together with and deemed part of the Maori Affairs Act 1953 (in this Part referred to as the principal Act).
(1) The principal Act is hereby amended by inserting, after section 150, the following section:
“150A
“(1) In addition to the other powers conferred on the Maori Trustee by this Part of this Act and by sections 41A to 41F of the Maori Trustee Act 1953, it is hereby declared that the Maori Trustee may at any time purchase out of the Conversion Fund any beneficial freehold interest in any Maori freehold land (including land vested in the Maori Trustee under the Maori Vested Lands Administration Act 1954 or the Maori Reserved Land Act 1955) if he is satisfied that the purchase money will be used for housing purposes by the vendor or the person for whom the Maori Trustee holds the interest in trust.
“(2) For the purposes of this section money is used by a person for housing purposes where it is used by him for any one or more of the following purposes, namely—
“(a) The acquisition of a site for a dwellinghouse:
“(b) The purchase or erection of a dwellinghouse:
“(c) The extension or renovation of a dwellinghouse:
“(d) The discharge of any debt owing in respect of a dwellinghouse:
“(e) The purchase of chattels for use in a dwellinghouse—
“and the dwellinghouse is or is to be occupied by that person and his family.”
(2) Section 148A of the principal Act (as inserted by section 121 of the Maori Affairs Amendment Act 1967) is hereby amended by inserting at the beginning of the section, before the word “Nothing”
, the words “Except as provided in section 150A of this Act”
.
Section 215 of the principal Act (as substituted by section 92 of the Maori Affairs Amendment Act 1967) is hereby amended by inserting in subsection (1), after paragraph (c), the following paragraph:
“(ca) By way of mortgage to a State Loan Department; or”.
(1) The principal Act is hereby amended by repealing section 252, and substituting the following section:
“252
“(1) This Part of this Act applies with respect to Maori freehold land and to General land owned by Maoris.
“(2) The Crown may in accordance with the provisions of this Part of this Act acquire, by way of purchase, lease, exchange, or otherwise, any land or interest in land to which this Part applies.
“(3) Negotiations for the acquisition by the Crown of any interest inland to which this Part of this Act applies shall be undertaken only—
“(a) If the approval of the Maori Land Board has been first obtained; and
“(b) In accordance with terms approved by that Board by reference to a special valuation of the land made by the Valuer-General at the request of the Crown.
“(4) Except where this Act or any other enactment expressly provides otherwise, land may be alienated to the Crown in accordance with the general provisions of this Act relating to the alienation of land, and those provisions shall apply accordingly to any alienation to the Crown.
“(5) Where for the purposes of this Part of this Act any application to the Court is to be made by the Crown, the application may be made by the Permanent Head of the Department of State acting in the matter on behalf of the Crown, or by any officer of that department authorised by him for the purpose of general or specific terms. Any notice subsequently required by this Part of this Act to be given to or by the Crown shall be given to or by the officer who made the application or his successor in office, or to or by the Permanent Head of his department. The fact that any officer of the Public Service signs any application or other document, or gives or accepts any notice on behalf of the Crown, or appears before the Court on behalf of the Crown, shall be conclusive evidence of his authority to do so.”
(2) The principal Act is hereby amended by repealing sections 212 and 260.
(3) Section 261 of the principal Act is hereby amended by omitting from subsection (1) the words “Board of Maori Affairs”
, and substituting the word “Crown”
.
Subsection (1) was amended, as from 10 October 1975, by section 16 Maori Purposes Act 1975 (1975 No 135), by substituting the words “General land”
for the words “European land”
.
Subsection (3)(a) was amended, as from 1 January 1975, by section 11 Maori Affairs Amendment Act 1974 (1974 no 73), by substituting the words “Maori Land Board”
for the words “Board of Maori Affairs”
.
Section 253 of the principal Act is hereby amended by repealing section 257.
The principal Act is hereby amended by repealing section 257.
The principal Act is hereby amended by repealing section 258.
The principal Act is hereby amended by repealing section 259, and substituting the following section:
“259
“(1) The Crown may acquire any land under this Part of this Act in pursuance of a resolution of the assembled owners passed and confirmed in accordance with Part XXIII of this Act.
“(2) When any such resolution is confirmed by the Court, the Registrar shall notify the Crown of the terms of the confirmation, and the Crown shall, within 6 months of the date of confirmation, file in the Court a notice that it accepts or rejects the confirmed resolution.
“(3) On the filing in the Court of a notice that the Crown accepts the confirmed resolution, it shall become an effective contract of purchaser or other acquisition between the Crown and the owners of the land, and, in the case of acquisition, the land may be proclaimed as Crown land under section 265 of this Act without need for the execution of any further instrument of assurance, and all the provisions of that section shall apply accordingly.
“(4) Upon the filing in the Court of a notice by the Crown that it rejects the confirmed resolution, or, if the Crown fails to file any notice, whether of acceptance or rejection, on the expiry of 6 months from the date of confirmation of the resolution, the resolution as confirmed shall lapse and be of no effect.”
Section 267 of the principal Act is hereby amended by inserting, after subsection (3), the following subsection:
“(3A) The Court, with the agreement of the Minister of Lands, may, instead of vesting the land in the persons beneficially entitled, vest it in some person or persons or in a body corporate as trustees for the persons beneficially entitled or for some class of persons.”
The principal Act is hereby amended by repealing section 268, and substituting the following section:
“268
All money payable to Maoris in respect of the acquisition by the Crown of any land or interest inland under this Part of this Act shall be paid to the Maori Trustee on behalf of the Maoris entitled to it for payment to them in accordance with their several interests.”
The principal Act is hereby amended by inserting, after section 370, the following sections:
“370A Acquisition of land by Board of Maori Affairs for owners of scheme
“(1) The Board, in the name of the Crown, may purchase or otherwise acquire, for the purposes of this Part of this Act any land or interest in land on behalf of the owners of any Maori land or General land owned by Maoris which is subject to this Part of this Act.
“(2) Any money expended by the Board under this section shall, for the purposes of section 363 of this Act, be deemed to have been expended in respect of the land on behalf of the owners of which the further land is acquired.
“370B Land may be vested in owners
“(1) On application by the Board, the Court may make a vesting order vesting any land or interest in land acquired pursuant to section 370A of this Act, in the persons on whose behalf it was acquired, subject to any lease, licence, mortgage, charge, or other encumbrance affecting it.
“(2) Instead of making a vesting order under this section, the Court, if it thinks it convenient to do so, may amend any existing instrument of title so as to include therein the land to be vested. Any land included pursuant to this subsection in an existing instrument of title shall have the same status, as General land or Maori freehold land, as the originally comprised in the instrument.
“(3) The District Land Registrar is hereby authorised 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) To facilitate the disposal of any land or interest in land acquired by the Board under section 370 of this Act the Court shall have and, on the application of the Board, may exercise the jurisdiction given by the forgoing subsections of this section as if the land or interest had been acquired under section 370A of this Act on behalf of the persons in whom the land or interest is to be vested.”
This section was amended, as from 10 October 1975, by section 16 Maori Purposes Act 1975 (1975 No 135), by substituting the words “General land”
for the words “European land”
.
(1) The principal Act is hereby amended by repealing section 433 (as amended by section 10 of the Maori Purposes Act 1963), and substituting the following section:
“433
“(1) Subject to the provisions of this section, the Court, on the application of the legal and beneficial owner or owners of any Maori freehold land, may make an order declaring that the status of that land shall cease to be that of Maori land.
“(2) On hearing any application under this section the Court shall consider the following matters:
“(a) The number of owners of the land and the nature of their interests:
“(b) The suitability of the land, having regard to its area, dimensions, value, and means of access, for effective use and occupation:
“(c) Whether or not the title of the land is registered under the Land Transfer Act 1952 or is capable of being so registered.
“(3) No order shall be made under this section unless the Court is satisfied, after considering the matters set out in subsection (2) of this section, that if the order is made the land can be conveniently used or otherwise dealt with and that no undue difficulty or inconvenience will result.
“(4) Every order made under this section may be registered in accordance with section 36 of this Act.
“(5) Upon the registration of the order the land to which it relates shall cease to be Maori land, and shall for all purposes be and be deemed to be European land.”
(2) Section 10 of the Maori Purposes Act 1963 is hereby consequentially repealed.
(3) Part 1 of the Maori Affairs Amendment Act 1967 is hereby repealed.
Section 437 of the principal Act is hereby amended by adding the following subsection:
“(7) Notwithstanding that any Crown land has not formally been set aside or reserved for the benefits of Maoris, the Court, on the application of the Minister of Lands may exercise in respect of the land the jurisdiction conferred by this section, and all the provisions of this section shall apply accordingly.”
(1) Section 439 of the principal Act (as amended by section 5 of the Maori Purposes Act 1968, by section 7 of the Maori Purposes Act 1970, and by section 11 of the Maori Purposes Act 1972) is hereby amended—
(a) By omitting from subsection (1), and also fro subsection (2), the words “owned by Maoris”
:
(b) By inserting in subsection (1), after the words “village site”
, the word “marae”
.
(2) The said section 439 is hereby further amended by adding the following subsections:
“(15) Notwithstanding the foregoing provisions of this section, a Maori reservation for the purposes of a meeting place or marae may in accordance with this section be constituted over or extended to include any Crown land or other land, leased on a perpetually renewable basis to any person, group of persons, body corporate, or organisation for the purpose of a marae or meeting place.
“(16) Upon vesting by the Court in accordance with subsection (7) of this section of a Maori reservation created over land leased as provided in subsection (15) of this section, in trustees, the lease shall be deemed to have been assigned to the trustees and the trustees at any given time thereafter shall (subject to their fiduciary responsibilities and to the restrictions imposed by this section) have all the rights and privileges and be subject to all the duties and liabilities of the lessees under the lease.
“(17) Upon proof of the determination for any reason of the lease in respect of any reservation constituted over land leased as provided in subsection (15) of this section, the Secretary shall in the manner provided by this section cancel the reservation or, as the case may be, exclude from the reservation the land comprised in the lease.”
Section 19 of the Maori Affairs Amendment Act 1967 is hereby amended by omitting the words “it shall”
, and substituting the words “it may”
.
The Maori Affairs Amendment Act 1967 is hereby amended by inserting, after section 78, the following section:
“78A
“(1) Subject to the provisions of this section, where any person has died on or after the 1st day of April 1968 and administration (within the meaning of the Administration Act 1969) of the estate of that person has not been granted, the Maori Land Court may make an order vesting in the persons entitled thereto the undivided beneficial freehold interests in common in Maori freehold land of that person.
“(2) Application for an order under this section shall be made by the person or one of the persons claiming to be entitled to the interests in land under the will or on the intestacy of the deceased person.
“(3) No order shall be made under this section unless the Court is satisfied:
“(a) That the applicant or applicants together with any other persons named in the application are entitled to succeed to the interest; and
“(b) That the person or persons entitled to obtain a grant of administration of the estate of the deceased person do not intend to seek any such grant; and
“(c) That there is no reason apparent why the estate of the deceased person should be formally administered; and
“(d) That the value at the date of death, of the interests in land affected by the application did not exceed $4,000; and
“(e) Where the deceased person is known to have owned beneficial freehold interests in Maori freehold land in more than one Maori Land Court district, the aggregate value, at the date of death, of his known interests in all such districts did not exceed $10,000.
“(4) In making orders under this section the Court shall proceed as if all the persons living at the death of the deceased person who, if they had then attained the age of 20 years, would take any absolutely vested interest in any part of the estate, had then attained that age.
“(5) [Repealed]
“(6) Where more than one person is entitled to share in the interests in land covered by any application under this section, the Court may in making orders give effect to any arrangement or agreement whereby the share of any one person entitled is to be vested in any other person entitled:
“Provided that if the Court is satisfied that the projected arrangement or agreement is fair and equitable in the circumstances and is not contrary to the interests of the persons concerned, it may give effect to the projected arrangement or agreement notwithstanding that any of the persons concerned has not agreed thereto or objects thereto.
“(7) Where the known estate of a deceased person has previously been administered and additional interests of the deceased in Maori freehold land are discovered, the Court, notwithstanding any other provision of this section, may deal with those interests under this section if it is satisfied any other course would be unduly expensive or difficult having regard to the value of the interests.
“(8) Any money held by the Maori Trustee for a deceased owner of Maori land, being the proceeds of the alienation of Maori freehold land, shall for the purposes of subsection (6) of this section be deemed to be interests in Maori freehold land and the Court may dispose of them accordingly by making an order for payment thereof under section 32 of the principal Act.”
Subsection (1) was amended, as from 1 January 1975, by section 26(1) Maori Affairs Amendment Act 1974 (1974 No 73), by substituting the words “undivided beneficial freehold interests in common”
for the words “beneficial freehold interests”
.
Subsection (3)(d) and (e) were amended, as from 1 January 1975, by section 26(2) and 26 (3) Maori Affairs Amendment Act 1974 (1974 No 73), by substituting the expressions “$2,000”
and “$7,500”
for the expressions “$4,000”
and “$10,000”
.
Subsection (5) was repealed, as from 14 December 1976, by section 19 Maori Purposes Act 1976 (1976 No 148).
The Maori Affairs Act 1953 was repealed, as from 1 July 1993, by section 362(2) Te Ture Whenua Maori/Maori Land Act 1993 (1993 No 4).
(1) Section 18 of the Maori Trustee Act 1953 is hereby amended by omitting the words “elsewhere than in Wellington”
.
(2) Sections 19 and 20 of the Maori Trustee Act 1953 is hereby amended by inserting, after the word “cheque”
wherever it appears, the words “or other instrument (not being a promissory note or bill)”
.
(3) Section 21 of the Maori Trustee Act 1953 is hereby amended by inserting after the words “cheques”
wherever it appears, the words “or other instruments”
.
[Repealed]
Section 19 was impliedly repealed by section 24A(4)(a) Maori Purposes Act 1976.
Section 3 of the Maori Housing Amendment Act 1938 is hereby amended by adding the following subsections:
“(3) Notwithstanding the provisions of Part XXI of the Maori Affairs Act 1953, Maori freehold land required by the Board as a site for the erection of rental accommodation or elderly Maoris may be acquired by the Board by way of gift.
“(4) When any land acquired by the Board pursuant to subsection (3) of this section is, in the opinion of the Board, no longer required for the purpose for which it was given, the Board shall arrange for the return of the land to the donors or their representatives, subject, where improvements have been placed on the land by the Board, to satisfactory arrangements being made with the donors or their representatives.”
(1) Section 28 of the Maori Trust Boards Act 1955 is hereby amended—
(a) [Spent]
(b) By inserting in subsection (2), after the word “cheque”
, the words “or other instrument”
.
[Repealed]
Section 22 was repealed, as from 20 June 1991, by section 3(b) Maori Purposes Act 1991 (1991 No 38).
(1) The Minister of Lands may, in respect of the land described in subsection (4) of this section (being land donated to the Crown by the Maori owners during the First World War for the settlement of discharged Maori soldiers, but not used for this purpose) apply to the Maori Land Court to vest the land in accordance with the provisions of section 436 of the Maori Affairs Act 1953, and the Court shall have and may exercise in respect of the land any jurisdiction conferred by that section.
(2) Instead of vesting the land in the persons found to be entitled thereto, the Court may, if it thinks fit, vest the land in a trustee or trustees to be held in trust in accordance with the terms of the order for the benefit of any Maoris or descendants of Maoris or any group or class of Maoris or descendants of Maoris specified in the order.
(3) Sections 70 and 71 of the Maori Purposes Act 1931 are hereby consequentially repealed.
(4) The land to which this section relates is particularly described as follows:
All those pieces of land in the Wellington Land District being—
Firstly, all that part of Owhaoko A East, situated in Block XVI, Waiotaka Survey District, and Blocks XIII and XIV, Taharua Survey District, bounded to the south by the northern boundaries of Mangamaire and Horotea Survey Districts: Area, 2529.2852 hectares, more or less; and Owhaoko A1B situated in Blocks XIII and XIV, Taharua Survey District: Area 235.9317 hectares, more or less. Part Proclamation No 1109 (Gazette, 1917, p 4278) set apart as permanent State Forest by Proclamation in Gazette, 1939, p 399, and also set apart as State Forest Park (Kaimanawa) by Proclamation in Gazette, 1969, p 1885.
Secondly, all that part of Owhaoko A East, situated in Block IV, Mangamaire Survey District, and Blocks I and II, Horotea Survey District, bounded to the north by the northern boundaries of the said Survey Districts: Area, 4204.6838 hectares, more or less; and Owhaoko B East, situated in Blocks IV, VII, and VIII, Mangamaire Survey District: Area, 2367.8156 hectares, more or less. Balance of Proclamation No 1109 (Gazette, 1917, p 4278).
Thirdly, Part Owhaoko D1, situated in Blocks I and V, Horotea Survey District: Area, 1592.2356 hectares, more or less. All Proclamation No 1112 (Gazette, 1918, p 10).
Fourthly, Part Owhaoko D7 (now part Owhaoko D7B), situated in Blocks VII, VIII, XI and XIII, Mangamaire Survey District, and Blocks V, VI, IX, and X, Horotea Survey District: Area, 3469.9770 hectares, more or less. All Proclamation No 1123 (Gazette, 1918, p 804).
(1) The Maori Land Court shall have, and on the application of the Minister of Lands, may exercise in respect of the land described in subsection (2) of this section, the jurisdiction given by section 437 of the Maori Affairs Act 1953; and for the purposes of that section, the land shall, notwithstanding any action intended, commenced, or taken in the past be deemed to be Crown land reserved for the benefit of Maoris.
(2) The land to which subsection (1) of this section relates is particularly described as follows:
All that piece of land containing 22.6624 hectares, more or less, being Allotment 27, Parish of Rangitaiki, situated in Block II, Whakatane Survey District (SO Plan 372).
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