Te Ture Whenua Maori Amendment Act 2011

Coat of Arms of New Zealand

Te Ture Whenua Maori Amendment Act 2011

Public Act2011 No 76
Date of assent15 September 2011
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1  Title
  • This Act is—

    • (a) Te Ture Whenua Maori Amendment Act 2011; or

    • (b) the Maori Land Amendment Act 2011.

2  Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3  Principal Act amended
4  New section 24B inserted
  • The following section is inserted after section 24A:

    24B Power to award interest on debt or damages
    • The Court, in its proceedings, has the same powers to award interest on any debt or damages as the District Court has under section 62B of the District Courts Act 1947 in its own proceedings.

5  New heading inserted above section 27
  • The following heading is inserted above section 27:

    Other provisions about jurisdiction and powers.

6  Enforcement of orders for payment of money
  • Section 81(2) is amended by omitting in accordance with the practice of that Court and substituting as if the order had been made in a proceeding of the District Court.

7  Special provisions relating to testamentary promises and family protection
  • Section 106(1) and (2) are amended by omitting of any person and substituting in each case to any person.

8  Alienation by trustees
  • (1) Section 150A(3)(b) is amended by omitting lease, licence, or forestry right, for a term of more than 21 years (including any term or terms of renewal), or mortgage and substituting any of the following things.

    (2) Section 150A(3)(b) is amended by adding the following subparagraphs:

    • (i) a mortgage:

    • (ii) an alienation other than a sale, gift, or mortgage (for example, a lease, licence, forestry right, easement, profit, or any other charge or encumbrance), for a term of more than 21 years, including any term or terms of renewal, or without a limited term.

    (3) Section 150A is amended by adding the following subsection:

    • (4) The trustees of a trust constituted under Part 12 who execute or obtain a transfer, variation, discharge, or surrender of anything to which subsection (3)(b) applies must send a copy of the instrument to the Registrar for noting, and the Registrar must note the contents of the instrument.

9  Alienation by Maori incorporation
  • (1) Section 150B(3)(b) is amended by omitting lease, licence, or forestry right, for a term of more than 21 years (including any term or terms of renewal), or mortgage and substituting any of the following things.

    (2) Section 150B(3)(b) is amended by adding the following subparagraphs:

    • (i) a mortgage:

    • (ii) an alienation other than a sale, gift, or mortgage (for example, a lease, licence, forestry right, easement, profit, or any other charge or encumbrance), for a term of more than 21 years, including any term or terms of renewal, or without a limited term.

    (3) Section 150B is amended by adding the following subsection:

    • (4) A Maori incorporation that executes or obtains a transfer, variation, discharge, or surrender of anything to which subsection (3)(b) applies must send a copy of the instrument to the Registrar for noting, and the Registrar must note the contents of the instrument.

10  Alienation by other owners
  • (1) Section 150C(3)(b) is amended by omitting if the alienation is by way of lease, licence, forestry right, profit, mortgage, charge, or encumbrance and substituting for any other alienation (for example, a lease, licence, forestry right, easement, profit, mortgage, charge, or encumbrance, or a transfer or variation of any of those things).

    (2) Section 150C is amended by adding the following subsection:

    • (4) A person referred to in section 147(1)(a), (b), or (c) who executes or obtains any of the following instruments must send a copy of the instrument to the Registrar for noting, and the Registrar must note the contents of the instrument:

      • (a) a transfer of anything to which subsection (3)(b) applies, if the transfer is not itself an instrument of alienation:

      • (b) a discharge or surrender of anything to which subsection (3)(b) applies.

11  Maori incorporations to have constitution
  • Section 268(3) is amended by omitting in accordance and substituting in any way that is not inconsistent.

12  Minor amendments
  • The principal Act is also amended as set out in the Schedule.

13  Amendments to Maori Incorporations Constitution Regulations 1994

Schedule
Minor amendments to Te Ture Whenua Maori Act 1993

s 12

Section 30I(6)

Omit of the principal Act before this Act and substitute before Te Ture Whenua Maori Amendment Act 2002 (the Maori Land Amendment Act 2002).

Section 95(3)(b)

Omit on and substitute in.

Section 193(2)(a)

Omit the it be served and substitute it be served.

Compare note for section 201

Repeal and substitute Compare: 1953 No 94 s 249A; 1959 No 90 s 21; 1975 No 135 s 4.

Section 222(1)(e)

Add ; or.

Section 249(3)

Omit incoporating and substitute incorporating.

Section 268(5)

Omit Maori Land District and substitute Maori Land Court district.

Section 295(2)

Omit convenants and substitute covenants.

Section 313(1)

Omit has and substitute had.


Legislative history

13 September 2011Divided from Māori Purposes Bill (Bill 234–1), third reading
15 September 2011Royal assent

This Act is administered by Te Puni Kōkiri.