Tauranga Moana Maori Trust Board Act 1981

Reprint
as at 4 October 1981

Coat of Arms of New Zealand

Tauranga Moana Maori Trust Board Act 1981

Public Act1981 No 37
Date of assent3 October 1981
Commencement3 October 1981

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 establish the Tauranga Moana Maori Trust Board and to settle various matters relating to the Battles of Gate Pa and Te Ranga

  • Preamble

    Whereas in or about 1863 the Ngaiterangi, Ngati Ranginui, and certain other Maori tribes or their members held certain lands situated in and around the township of Tauranga: And whereas in 1864 some of those persons took up arms against the Crown but were defeated at the Battle of Te Ranga: And whereas the then Governor in Council, regarding those persons as having been engaged in rebellion against the Crown's authority, declared the land described in the Schedule to be a district under and within the provisions of the New Zealand Settlements Act 1863: And whereas the area of land to be forfeited to the Crown under that Act was to be some 86 602.804 hectares, but, in recognition of the honourable way in which the persons concerned had fought, that area was reduced to about one-fourth: And whereas it has not hitherto been accepted by all interested parties that the claims of all persons affected or aggrieved by any such action were properly considered or resolved: And whereas it has been agreed by and between the Crown and representatives of the descendants of such persons that the Crown should pay and those descendants should accept the sum of $250,000 in full and final settlement of all claims of whatever nature arising out of the confiscation or other acquisition of any of the said land by the Crown: And whereas it is expedient that the money be paid to and dealt with by a Maori Trust Board under and in accordance with the Maori Trust Boards Act 1955.

1 Short Title
  • This Act may be cited as the Tauranga Moana Maori Trust Board Act 1981.

2 Interpretation
  • In this Act, unless the context otherwise requires, Board means the Tauranga Moana Maori Trust Board constituted by section 4.

3 Act to bind Crown
  • This Act binds the Crown.

4 Tauranga Moana Maori Trust Board constituted
  • (1) There is hereby constituted a body corporate to be known as the Tauranga Moana Maori Trust Board, which shall be a Maori Trust Board within the meaning and for the purposes of the Maori Trust Boards Act 1955 and, subject to the provisions of this Act, the provisions of that Act shall apply accordingly.

    (2) The beneficiaries of the Board shall be the descendants of the members of those tribes who took up arms against the Crown at the Battles of Gate Pa and Te Ranga or which were dispossessed of any lands as a direct result of those battles.

5 Membership of Board
  • (1) As soon as practicable after the commencement of this Act, the Governor-General shall, on the recommendation of the Minister of Maori Affairs, appoint such number of persons not exceeding 10 as the Minister thinks fit to be the initial members of the Board.

    (2) Each initial member of the Board shall hold office until his successor is elected and comes into office under subsection (3).

    (3) The Board shall cause to be prepared a roll containing the names and addresses of all adult beneficiaries of the Board, and, as soon as practicable thereafter, the Board and the secretary to the Board shall do everything necessary, in accordance with Part 3 of the Maori Trust Boards Act 1955, to hold an election of members of the Board.

6 Payment to Board of agreed sum
  • (1) There shall, without further appropriation than this section, be paid out of the Consolidated Account to the Board the sum of $250,000.

    (2) Within 14 days after receiving that sum, the Board shall pay the whole of it into an account, at such bank as may be approved by the Minister, to be called the Tauranga Moana Maori Trust Board Account.

    (3) The Board shall thereafter use and expend the said sum in accordance with the Maori Trust Boards Act 1955.

    (4) Upon its receipt by the Board, the said sum shall be accepted in full and final settlement of all claims of whatever nature arising from or out of any confiscation or acquisition by the Crown of any of the land described in the Schedule.

7 Reputation of certain persons restored
  • It is hereby declared that after the passing of this Act the character and reputation of Rawiri Puhirake, Henare Taratoa, and all other members of the Ngaiterangi, Ngati Ranginui, and other tribes who fought in the Battles of Gate Pa and Te Ranga shall be the same as if a full pardon had been granted to them in respect of all matters arising out of, or in any way related to, those battles.


Schedule
The land in respect of which claims are settled

s 6(4)

All that area of land described in the Schedule of the Tauranga District Lands Act 1868 as follows:

All that land estimated to contain two hundred and fourteen thousand acres known as the Tauranga Block bounded on the North-east by the sea from Ngakuri-a-whare Point to Wairakei Creek on the South-east by a line from the mouth of the Wairakei Creek to Otara from thence to Otanewainuku from thence to Poutiki on the South-west by a line from Poutiki to the summit of the watershed of the dividing range of hills between the East Coast and the Thames Valley and thence following the said watershed northward to the summit of the Aroha Mountain and on the North-west by a straight line from the summit of the Aroha Mountain to Ngakuri-a-whare Point.

Together with the Island of Tuhua or Mayor Island and such portions of Motiti or Flat Island as shall be adjudged to belong to the Ngaiterangi Tribe or to individual members thereof.


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 Tauranga Moana Maori Trust Board Act 1981. The reprint incorporates all the amendments to the Act as at 4 October 1981, 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)