Te Ture Whenua Maori Act 1993 No 4 (as at 16 September 2011), Public Act
Maori Land Act 1993

250 Effect of order
  • (1) On the making of an order incorporating the owners of any land under this Part, the owners shall become a body corporate, with perpetual succession and a common seal, under the name specified in the order, with power to do and suffer all that bodies corporate may lawfully do and suffer, and with all the powers expressly conferred upon it by or under this Act.

    (2) On making any such order, the court shall vest the legal estate in fee simple in the land specified in the order in the Maori incorporation, but no such vesting shall affect the beneficial interests in that land which shall remain vested in the several owners.

    (3) The estate of the incorporation shall be subject to all leases, mortgages, charges, or other interests to which the title of the owners or any of them was subject at the date of incorporation, and shall also be subject to the right of any person to procure the confirmation of any alienation under an instrument of alienation executed before the making of the order.

    (4) From and after its constitution, every Maori incorporation shall hold the land and other assets vested in it on trust for the incorporated owners in proportion to their several interests in the land.

    (5) No Maori incorporation acting in accordance with its powers and in compliance with this Act or any other Act shall be in breach of trust.

    (6) Subject to any determination made in accordance with section 256 and to any order made in accordance with section 358, all land vested in an incorporation, whether by virtue of the order of incorporation or by virtue of section 357 or otherwise, shall, while so vested, continue to be or be deemed to be Maori freehold land.

    (7) The District Land Registrar shall cancel or amend any existing certificate of title that may be necessary to give effect to any order incorporating the owners of any land under this Part.

    Compare: 1953 No 94 ss 275(2), 276(1); 1967 No 124 s 31; 1975 No 135 s 17(2)

    Section 250(6): substituted, on 1 July 1994, by section 14 of Te Ture Whenua Maori Amendment Act 1994 (1994 No 69).