Waikato Raupatu Claims Settlement Act 1995

Schedule 4
Provisions relating to dissolution of Tainui Maori Trust Board

s 28

1 Interpretation

  • In this schedule and in section 28, unless the context otherwise requires,—

    Inland Revenue Acts has the same meaning as in section 3(1) of the Tax Administration Act 1994

    instrument includes—

    • (a) any instrument (other than this Act) of any form or kind that creates, evidences, modifies, or extinguishes rights, interests, or liabilities or would do so if it or a copy of it were lodged, filed, or registered under any enactment; and

    • (b) any judgment, order, or a process of a court

    liabilities means liabilities, debts, charges, duties, and obligations of every description (whether present or future, actual or contingent, and whether payable or to be observed or performed in New Zealand or elsewhere)

    property means property of every kind, whether tangible or intangible, real or personal, corporeal or incorporeal and, without limiting the generality of the foregoing, includes—

    • (a) choses in action and money:

    • (b) goodwill:

    • (c) rights, interests, and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent, or prospective

    rights means all rights, powers, privileges, and immunities, whether actual, contingent, or prospective

    security means a mortgage or charge (whether legal or equitable), debenture, bill of exchange, promissory note, guarantee, indemnity, instrument by way of security, lien, pledge, or other security for the payment of money or for the discharge of any other obligation or liability, and in any case whether upon demand or otherwise, whether present or future and whether actual or contingent; and includes an agreement or undertaking to give or execute, whether upon demand or otherwise, any of the foregoing

    undertaking, in relation to the Trust Board, means the property, rights, and liabilities of the Trust Board and, without limiting the generality of the foregoing, includes its rights, duties, and powers as a trustee.

2 Consequential provisions on vesting of undertaking

  • (1) Without limiting the generality of section 28, the following provisions shall apply on and after the appointed day:

    • (a) a reference (express or implied) to the Trust Board in any other Act, or in any regulation, order, or notice made or given under any enactment, or in any contract, instrument, register, record, notice, security, document, or communication made, given, passed or executed before or after the appointed day shall, unless the context otherwise requires, be read and construed as a reference to the successor:

    • (b) all contracts (including contracts of employment), agreements, conveyances, deeds, leases, licences, securities, and other instruments, undertakings, and notices (whether or not in writing) entered into by, made with, given to or by, or addressed to the Trust Board (whether alone or with any other person) before the appointed day and subsisting immediately before the appointed day shall, to the extent that they were previously binding on and enforceable by, against, or in favour of the Trust Board, be binding on and enforceable by, against, or in favour of the successor as fully and effectually in every respect as if, instead of the Trust Board, the successor had been the person by whom they were entered into, with whom they were made, or to or by whom they were given or addressed, as the case may be:

    • (c) any instruction, order, direction, mandate, or authority given to the Trust Board shall be deemed to have been given to the successor.

    (2) Nothing effected or authorised by this Act—

    • (a) shall be regarded as placing the Trust Board or the successor or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

    • (b) shall be regarded as placing the Trust Board, the successor, or any other person, in breach of—

      • (i) any enactment, rule of law, or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property; or

      • (ii) the Privacy Act 1993 or any other enactment, rule of law, or contractual provision relating to the collection, use, or disclosure of any information; or

    • (c) shall release any surety wholly or in part from all or any of the surety's obligations; or

    • (d) shall be regarded as giving rise to a right for any person to—

      • (i) terminate or cancel or modify any contract or agreement; or

      • (ii) enforce or accelerate the performance of an obligation; or

      • (iii) require the performance of an obligation not otherwise arising for performance; or

    • (e) shall invalidate or discharge any contract or security; or

    • (f) shall affect the rights of the successor in respect of any promise, convenant, warranty, or guarantee given to it by any person relating to the liabilities of the Trust Board.

3 Continuity of legal proceedings

  • (1) This section applies to—

    • (a) any action, arbitration, or proceeding, or cause of action, arbitration, or proceeding which, immediately before the appointed day, is pending or existing by, against, or in favour of the Trust Board or to which the Trust Board is a party:

    • (b) any cause of action, arbitration, or proceeding that arises on or after the appointed day in respect of any contract entered into by the Trust Board or any act done or omitted to be done by or to the Trust Board, as the case may be, before the appointed day that would, but for this Act, be available to, against, or in favour of the Trust Board or to which the Trust Board could have been a party.

    (2) Any action, arbitration, or proceeding and any cause of action, arbitration, or proceeding to which this section applies shall not abate or be discontinued or be prejudicially affected by this Act, but may be prosecuted and, without amendment of any writ, pleading, or other document, continued and enforced by, against, or in favour of the successor in its own name to the same extent that it might have been prosecuted, continued, and enforced by, against, or in favour of the Trust Board if this Act had not been passed.

4 Books and documents to remain evidence

  • (1) Any document, matter, or thing which, if this Act had not been passed, would have been admissible in evidence in respect of any matter for or against the Trust Board shall, on and after the appointed day, be admissible in evidence in respect of the same matter for or against the successor.

    (2) In this clause, document has the same meaning as in section 2(1) of the Evidence Amendment Act (No 2) 1980.

5 Registers

  • (1) No Registrar of Deeds or District Land Registrar or any other person charged with the keeping of any books or registers shall be obliged solely by reason of the foregoing provisions of this Act to change the name of the Trust Board to that of the successor in those books or registers or in any document.

    (2) The presentation to any Registrar or other person of any instrument (whether or not comprising an instrument of transfer) by the successor—

    • (a) executed or purporting to be executed by the successor; and

    • (b) relating to any property held immediately before the appointed day by the Trust Board; and

    • (c) containing a recital that the property has become vested in the successor by virtue of the provisions of this Act—

    shall, in the absence of evidence to the contrary, be sufficient evidence that the property is vested in the successor.

    (3) Without limiting subclause (1) or subclause (2), where any security issued by any person or any rights or interests in property of any person are, by virtue of this Act, vested in the successor, that person, on presentation of a certificate signed by a member or officer of the successor, stating that that security or any such rights or interests have, by virtue of this Act, vested in the successor, shall, notwithstanding any other enactment or rule of law or the provisions of any instrument, register the successor as the holder of that security or as the person entitled to such rights or interests, as the case may be.

    (4) In subclause (3), security has the same meaning as in section 2(1) of the Securities Act 1978.

    (5) Except as provided in this clause, nothing in this Act derogates from the provisions of the Land Transfer Act 1952.

6 Transitional provisions relating to taxes and duties

  • For the purposes of the Inland Revenue Acts, and any other enactment that imposes or provides for the collection of a tax, duty, levy, rate, or other charge,—

    • (a) on and from the appointed day the Trust Board and the successor shall be deemed to be the same person; and

    • (b) all transactions entered into by, and acts of, the Trust Board before the appointed day shall be deemed to have been entered into by, or to be those of, the successor and to have been entered into or performed by the successor at the time when they were entered into or performed by the Trust Board.