New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 25 January 2005
| Public Act | 1987 No 176 |
| Date of assent | 20 July 1987 |
| Commencement | see section 1 |
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.
1 Short Title and commencement
3 Maori language to be an official language of New Zealand
4 Right to speak Maori in legal proceedings
9 Commission to have regard to Government policy [Repealed]
10 Annual report [Repealed]
11 Responsibilities of other persons and bodies unaffected
13 Further provisions relating to Commission
14 Money to be appropriated by Parliament for purposes of this Act [Repealed]
15 Commission to grant certificates of competency in the Maori language
16 Qualifications for certificates of competency
17 Commission may delegate power to issue certificates of competency
18 Endorsement for purposes of legal proceedings
19 Complaints against holders of certificates of competency
22 Ombudsmen Act 1975 amended [Repealed]
23 Higher Salaries Commission Act 1977 amended [Repealed]
Schedule 1
Courts and tribunals before which Maori may be spoken
Schedule 2
Provisions relating to Te Taura Whiri I Te Reo Maori
An Act to declare the Maori language to be an official language of New Zealand, to confer the right to speak Maori in certain legal proceedings, and to establish Te Taura Whiri I Te Reo Maori and define its functions and powers
Title: amended, on 20 June 1991, by section 2(2) of the Maori Language Amendment Act 1991 (1991 No 40).
Whereas in the Treaty of Waitangi the Crown confirmed and guaranteed to the Maori people, among other things, all their taonga: And whereas the Maori language is one such taonga.
(1) This Act may be cited as the Maori Language Act 1987.
(2) Section 4 shall come into force on 1 February 1988.
(3) Except as provided in subsection (2), this Act shall come into force on 1 August 1987.
In this Act, unless the context otherwise requires,—
certificate of competency means a certificate of competency in the Maori language issued under and in accordance with this Act
Commission means Te Taura Whiri I Te Reo Maori established by section 6
interpretation, in relation to the Maori language, means the oral expression in English of words spoken in Maori and the oral expression in Maori of words spoken in English
legal proceedings means—
(a) proceedings before any court or tribunal named in Schedule 1; and
(b) proceedings before any Coroner; and
(c) proceedings before—
(i) any commission of inquiry under the Commissions of Inquiry Act 1908; or
(ii) any tribunal or other body having, by or pursuant to any enactment, the powers or any of the powers of such a commission of inquiry,—
that is required to inquire into and report upon any matter of particular interest to the Maori people or to any tribe or group of Maori people
Minister means the Minister of Maori Affairs
presiding officer, in relation to any legal proceedings, means the Judge or other person who is presiding over the proceedings
translation, in relation to the Maori language, means the written expression in English of words written in Maori and the written expression in Maori of words written in English.
Section 2 Commission: substituted, on 20 June 1991, by section 2(3) of the Maori Language Amendment Act 1991 (1991 No 40).
Section 2 legal proceedings paragraph (c): substituted, on 20 June 1991, by section 3(1) of the Maori Language Amendment Act 1991 (1991 No 40).
The Maori language is hereby declared to be an official language of New Zealand.
(1) In any legal proceedings, the following persons may speak Maori, whether or not they are able to understand or communicate in English or any other language:
(a) any member of the court, tribunal, or other body before which the proceedings are being conducted:
(b) any party or witness:
(c) any counsel:
(d) any other person with leave of the presiding officer.
(2) The right conferred by subsection (1) to speak Maori does not—
(a) entitle any person referred to in that subsection to insist on being addressed or answered in Maori; or
(b) entitle any such person other than the presiding officer to require that the proceedings or any part of them be recorded in Maori.
(3) Where any person intends to speak Maori in any legal proceedings, the presiding officer shall ensure that a competent interpreter is available.
(4) Where, in any proceedings, any question arises as to the accuracy of any interpreting from Maori into English or from English into Maori, the question shall be determined by the presiding officer in such manner as the presiding officer thinks fit.
(5) Rules of court or other appropriate rules of procedure may be made requiring any person intending to speak Maori in any legal proceedings to give reasonable notice of that intention, and generally regulating the procedure to be followed where Maori is, or is to be, spoken in such proceedings.
(6) Any such rules of court or other appropriate rules of procedure may make failure to give the required notice a relevant consideration in relation to an award of costs, but no person shall be denied the right to speak Maori in any legal proceedings because of any such failure.
Compare: Welsh Language Act 1967 s 1(1) (UK)
(1) There is hereby established a commission, to be called Te Taura Whiri I Te Reo Maori.
(2) The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
(3) The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.
Compare: Bord Na Gaeilge Act 1978 s 2 (Eire)
Section 6(1): amended, on 20 June 1991, by section 2(1) of the Maori Language Amendment Act 1991 (1991 No 40).
Section 6(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 6(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The functions of the Commission shall be as follows:
(a) to initiate, develop, co-ordinate, review, advise upon, and assist in the implementation of policies, procedures, measures, and practices designed to give effect to the declaration in section 3 of the Maori language as an official language of New Zealand:
(b) generally to promote the Maori language, and, in particular, its use as a living language and as an ordinary means of communication:
(c) the functions conferred on the Commission by sections 15 to 20 in relation to certificates of competency in the Maori language:
(d) to consider and report to the Minister upon any matter relating to the Maori language that the Minister may from time to time refer to the Commission for its advice:
(e) such other functions as may be conferred upon the Commission by any other enactment.
Compare: Bord Na Gaeilge Act 1978 s 3(1), (3), (4) (Eire)
(1) [Repealed]
(2) Without limiting sections 16 and 17 of the Crown Entities Act 2004, the Commission may—
(a) conduct, hold, or attend all such inquiries, hearings, or meetings as the Commission thinks desirable to enable it to determine the views and wishes of the Maori community in relation to the promotion and use of the Maori language; and
(b) undertake or commission research into the use of the Maori language; and
(c) consult with and receive reports from government departments and other bodies on the use of Maori language in the course of the conduct of the business of those departments or other bodies, whether by their staff or by people with whom they have official dealings; and
(d) publish information relating to the use of the Maori language; and
(e) report to the Minister on any matter relating to the Maori language that the Commission considers should be drawn to the Minister's attention.
Compare: Bord Na Gaeilge Act 1978 s 3(2), (4) (Eire)
Section 8(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 8(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Nothing in any of the foregoing provisions of this Act shall affect any responsibility that any Minister of the Crown or other person, or any government department or other body, had immediately before the passing of this Act for any matter relating to the Maori language.
Compare: Bord Na Gaeilge Act 1978 s 3(5) (Eire)
(1) The board of the Commission consists of not more than 5 members.
(2) [Repealed]
(3) In considering the suitability of any person for appointment to the Commission, the Minister shall have regard not only to that person's personal attributes but also to that person's knowledge of and experience in the use of the Maori language and other matters likely to come before the Commission.
(4) Subsection (3) does not limit section 29 of the Crown Entities Act 2004.
Compare: Bord Na Gaeilge Act 1978 s 4(1), (2) (Eire); 1975 No 114 s 4(2A); 1985 No 148 s 2(1)
Section 12(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 12(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 12(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The provisions of Schedule 2 shall have effect in relation to the Commission and its affairs.
[Repealed]
Section 14: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(1) The Commission shall grant a certificate of competency in the Maori language to any person who applies to the Commission for such a certificate and satisfies the Commission that he or she is qualified to be the holder of such a certificate.
(2) Every certificate of competency in the Maori language shall be one of the following 3 kinds:
(a) a certificate of competency in the interpretation of the Maori language:
(b) a certificate of competency in the translation of the Maori language:
(c) a certificate of competency in the interpretation and translation of the Maori language.
(3) Every person who, immediately before the date of the commencement of this Act, was licensed as an Interpreter of the Maori language under Part 7 of the Maori Affairs Act 1953 shall be entitled as of right, upon application to the Commission made at any time within 2 years after that date, to be granted by the Commission a certificate of competency in the interpretation and translation of the Maori language.
Compare: 1953 No 94 s 71
For the purposes of determining whether or not an applicant for a certificate of competency in the Maori language is qualified to hold such a certificate, the Commission shall prepare, and publish in such manner as it thinks fit, criteria by which competence in the interpretation or translation of the Maori language is to be assessed.
(1) Notwithstanding anything in section 15, the Commission may from time to time delegate to any person or body the power to assess applicants for certificates of competency in the Maori language and to grant certificates to those applicants who are found to be qualified to be the holders of such certificates.
(2) The Commission may make a delegation under subsection (1) only if the delegation also complies with section 73 of the Crown Entities Act 2004.
(3) [Repealed]
(4) [Repealed]
Section 17(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 17(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 17(4): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(1) The Commission may endorse any certificate of competency to the effect that the holder is competent to interpret the Maori language or (as the case may require) to translate the Maori language or both for the purposes of any legal proceedings if the Commission is satisfied that the holder of the certificate—
(a) has a sufficient degree of competency in the interpretation or (as the case may require) the translation or both of the Maori language; and
(b) has undergone an appropriate course of training or instruction in the duties of an interpreter or translator or both in legal proceedings.
(2) Every holder of a certificate of competency endorsed under this section shall, on production of the certificate, be recognised as competent to interpret the Maori language or (as the case may require) to translate the Maori language or both for the purposes of any legal proceedings; but no such holder shall have the right to insist on acting, and no party, witness, or other person shall have the right to insist on that holder acting, as an interpreter or a translator or both in any particular proceedings.
(3) Where, in respect of any legal proceedings, the presiding officer considers that the holder of any certificate of competency in the Maori language (whether or not endorsed under this section)—
(a) has failed to interpret or translate adequately for the purposes of the proceedings; or
(b) has acted in a manner that is inconsistent with the duties of an interpreter or a translator in legal proceedings,—
the presiding officer may cause a report of the matter to be referred to the Commission, who shall deal with it under section 19 as if it were a complaint lodged under that section.
Compare: 1953 No 94 s 73
(1) Any person may lodge with the Commission a complaint against the holder of any certificate of competency in the Maori language on the ground that—
(a) the holder has, in the course of any interpretation or translation of the Maori language, exhibited such incompetence as to call into question the holder's qualification to hold the certificate; or
(b) the holder has, while acting as an interpreter or a translator of the Maori language in any legal proceedings, acted in a manner that is inconsistent with the duties of an interpreter or a translator in legal proceedings.
(2) Except where the Commission is satisfied that the complaint is frivolous or vexatious, the Commission shall cause a copy of the complaint to be given or sent to the person to whom it relates, and shall give that person a reasonable opportunity to appear before the Commission, or (at that person's option) to make written submissions to the Commission, in answer to the complaint.
(3) If, after investigating any complaint under subsection (1)(a), the Commission is satisfied that the person to whom the complaint relates is not qualified to hold the certificate of competency in the Maori language that the person is then holding, it may—
(a) cancel the certificate of competency; or
(b) suspend the certificate of competency until such time as the Commission is satisfied that the person is qualified to hold the certificate.
(4) If, after investigating any complaint under subsection (1)(b), the Commission is satisfied that the person to whom the complaint relates has, while acting as an interpreter or a translator of the Maori language in any legal proceedings, acted in a manner that is inconsistent with the duties of an interpreter or a translator in legal proceedings, it may—
(a) cancel any endorsement of the certificate of competency made under section 18; or
(b) if no such endorsement has been made, endorse the certificate of competency to the effect that the holder shall not be recognised as competent to interpret Maori or (as the case may require) to translate Maori or both for the purposes of any legal proceedings.
(5) The Commission shall, as soon as practicable after deciding to take any action under subsection (3) or subsection (4), give to the person concerned notice in writing of its decision and of the reasons for it.
(6) Where the Commission decides to cancel, suspend, or endorse a certificate of competency in the Maori language, it shall, in the notice given under subsection (5), require the holder to surrender the certificate of competency to the Commission for appropriate administrative action.
Compare: 1953 No 94 s 74
[Repealed]
Section 20: repealed, on 20 June 1991, by section 5(2) of the Maori Language Amendment Act 1991 (1991 No 40).
Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who, being required under section 19(6) to surrender to the Commission any certificate of competency in the Maori language, fails without reasonable excuse to do so.
Compare: 1953 No 94 s 75
Section 21: amended, on 20 June 1991, by section 4 of the Maori Language Amendment Act 1991 (1991 No 40).
Heading: inserted, on 20 June 1991, by section 5(1) of the Maori Language Amendment Act 1991 (1991 No 40).
The Governor-General may from time to time, by Order in Council made on the advice of the Minister tendered on the recommendation of the Commission, make rules for any of the following purposes:
(a) prescribing fees in respect of—
(i) the conducting of examinations for certificates of competency in the Maori language; and
(ii) applications for, and the issuing of, certificates of competency in the Maori language; and
(iii) any other service provided by the Commission:
(b) prescribing the procedures to be followed in respect of such applications.
Section 21A: inserted, on 20 June 1991, by section 5(1) of the Maori Language Amendment Act 1991 (1991 No 40).
[Repealed]
Section 22: repealed, on 20 June 1991, by section 2(4) of the Maori Language Amendment Act 1991 (1991 No 40).
[Repealed]
Section 23: repealed, on 1 April 1988, by section 15(1) of the Higher Salaries Commission Amendment Act 1988 (1988 No 24).
(1)–(2) Amendment(s) incorporated in the Act(s).
Schedule 1 |
The Supreme Court
The Court of Appeal
The High Court
District Courts
The Employment Court
Family Courts
Children and Young Persons Courts
Youth Courts
The Maori Land Court
The Maori Appellate Court
Schedule 1 Part A: amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
Schedule 1 Part A: amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).
Schedule 1 Part A: amended, on 20 June 1991, by section 3(2) of the Maori Language Amendment Act 1991 (1991 No 40).
Schedule 1 Part A: amended, on 1 November 1989, by section 449 of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).
The Waitangi Tribunal
The Employment Relations Authority
The Equal Opportunities Tribunal
The Tenancy Tribunal
Planning Tribunals
Disputes Tribunals established under the Disputes Tribunals Act 1988
Schedule 1 Part B: amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).
Schedule 1 Part B: amended, on 20 June 1991, by section 3(3) of the Maori Language Amendment Act 1991 (1991 No 40).
Schedule 1 Part B: amended, on 1 March 1989, by section 82(2) of the Disputes Tribunals Act 1988 (1988 No 110).
Schedule 2 |
Schedule 2 heading: amended, on 20 June 1991, by section 2(5) of the Maori Language Amendment Act 1991 (1991 No 40).
[Repealed]
Schedule 2 clause 1: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 4: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 7: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(1) For the purpose of providing a superannuation fund or retiring allowance for the Chairman of the Commission, sums by way of subsidy may from time to time be paid into any superannuation scheme that is registered under the Superannuation Schemes Act 1989.
(2) Notwithstanding anything in this Act, any person who, immediately before becoming an officer or employee of the Commission or a member of the Commission, is a contributor to the Government Superannuation Fund under Part 2 of the Government Superannuation Fund Act 1956 shall be deemed for the purposes of that Act to be employed in the Government service so long as that person continues to be an officer or employee of the Commission or a member of the Commission; and that Act shall apply to that person in all respects as if that person's service as such an officer or employee or as such a member were Government service.
(3) Subject to the Government Superannuation Fund Act 1956, nothing in subclause (2) shall entitle any such person to become a contributor to the Government Superannuation Fund after the person has once ceased to be a contributor.
(4) For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to a person who is in the service of the Commission, whether as an officer or employee or as a member, and is a contributor to the Government Superannuation Fund, the term controlling authority, in relation to any such person, means the Commission.
Schedule 2 clause 10(1): substituted, on 1 July 1992, by section 4 of the Higher Salaries Commission Amendment Act (No 2) 1992 (1992 No 130).
Schedule 2 clause 10(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 2 clause 14: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The income of the Commission shall be exempt from income tax.
[Repealed]
Schedule 2 clause 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
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)
This is a reprint of the Maori Language Act 1987. The reprint incorporates all the amendments to the Act as at 25 January 2005, 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/ 
.
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.
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.
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).
Crown Entities Act 2004 (2004 No 115): section 200
Supreme Court Act 2003 (2003 No 53): section 48(1)
Employment Relations Act 2000 (2000 No 24): section 240
Higher Salaries Commission Amendment Act (No 2) 1992 (1992 No 130): section 4
Maori Language Amendment Act 1991 (1991 No 40)
Children, Young Persons, and Their Families Act 1989 (1989 No 24): section 449
Disputes Tribunals Act 1988 (1988 No 110): section 82(2)
Higher Salaries Commission Amendment Act 1988 (1988 No 24): section 15(1)
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