Ngaitahu Trust Board Act 1946
Ngaitahu Trust Board Act 1946
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Ngaitahu Trust Board Act 1946
Ngaitahu Trust Board Act 1946
Public Act |
1946 No 33 |
|
Date of assent |
12 October 1946 |
|
Contents
An Act to provide for the Control and Administration of the Annual Sums payable to the Ngaitahu Trust Board, and for the Reconstitution of that Board, and for Matters incidental thereto.
Preamble. 1944, No. 33
WHEREAS on the twelfth day of June, eighteen hundred and forty-eight, one Henry Tacy Kemp, having been appointed a Commissioner to negotiate the purchase of certain Native lands in the South Island, obtained the execution by the chiefs of the Ngaitahu Tribe of a deed in which they consented, on behalf of themselves and their people, to surrender for ever to the New Zealand Company their lands as therein described subject to the provision that their places of residence and their cultivations should be reserved for them and their children after them and that it should be for the Governor thereafter to set apart some portion for them when the land was surveyed: And whereas the Crown took over the deed from the New Zealand Company: And whereas the members of the Ngaitahu Tribe and their descendants from time to time made certain claims in respect of the adequacy of the reservations allotted to them: And whereas by Warrant under the hand of the Governor-General dated the eighth day of June, nineteen hundred and twenty, a Commission of inquiry was set up to inquire into those claims: And whereas the Commission in its report, which is contained in paper G.–5 of the Appendices to the Journals of the House of Representatives for Session I of the year nineteen hundred and twenty-one, recommended that a certain sum should be paid to the members of the Ngaitahu Tribe and their descendants by way of compensation in respect of their claims under the deed: And whereas by the Ngaitahu Claim Settlement Act, 1944, it was provided that the annual sum of ten thousand pounds should be paid for a period of thirty years from the first day of April, nineteen hundred and forty-four, to the Ngaitahu Trust Board in settlement of all claims and demands as therein set out: And whereas it is desirable to provide for the control and administration of the sums paid or to be paid to the Trust Board:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title and commencement.
This Act may be cited as the Ngaitahu Trust Board Act, 1946, and shall come into force on the first day of November, nineteen hundred and forty-six.
2 Interpretation.
1944, No. 33
In this Act, unless the context otherwise requires,—
“Annual payment” means the annual sum of ten thousand pounds payable to the Ngaitahu Trust Board under section two of the Ngaitahu Claim Settlement Act, 1944:
“Board” means the Ngaitahu Trust Board constituted by this Act:
“Court” means the Native Land Court constituted under the Native Land Act, 1931:
“District” means a district constituted under this Act:
“Financial year” means a year ending on the thirty-first day of March:
“Fund” means the Ngaitahu Trust Fund established by this Act:
“Minister” means the Native Minister:
“Maori” means a person belonging to the aboriginal race of New Zealand, and includes a person descended from a Maori:
“Ngaitahu beneficiaries” means the persons determined by the order of the Court dated the twelfth day of March, nineteen hundred and twenty-five, to be beneficially entitled to any relief that might be granted in respect of claims under the deed mentioned in the Preamble to this Act; and includes the descendants of any such person.
Ngaitahu Trust Fund
3 Ngaitahu Trust Fund established.
(1)
There is hereby established a fund to be called the Ngaitahu Trust Fund which shall consist of—
(a)
All moneys lawfully paid to and received by the Ngaitahu Trust Board (whether before or after the commencement of this Act) under the authority of this or any other Act or otherwise howsoever:
(b)
All accumulations of moneys belonging to the Fund.
(2)
All moneys belonging to the Fund shall be paid into an account, to be called the Ngaitahu Trust Fund Account, at such bank as the Minister may from time to time direct.
(3)
No moneys shall be withdrawn from the Fund Account except by authority of the Board and by cheque signed by two members and the Secretary thereof:
Provided that the Minister if he thinks fit may require that all cheques shall be countersigned by a person from time to time nominated by him.
(4)
All reasonable expenses properly incurred by the Board in the administration of this Act shall be paid out of the Fund.
Ngaitahu Trust Board
4 Ngaitahu Trust Board reconstituted.
(1)
For the purpose of administering the Fund there is hereby constituted a Board to be called the Ngaitahu Trust Board.
1931, No. 32
(2)
The Board hereby constituted shall be deemed to be the same body corporate as the Ngaitahu Trust Board referred to in section sixty-five of the Native Purposes Act, 1931.
(3)
The Board shall consist of seven members, being Ngaitahu beneficiaries, to be appointed from time to time by the Governor-General on the recommendation of the Minister.
(4)
In making any recommendation under the last preceding subsection the Minister shall have regard to, but shall not be bound by, any nominations for appointment that may be made and submitted to him by the Ngaitahu beneficiaries in accordance with regulations made under this Act.
(5)
The Board shall be a body corporate, with perpetual succession and a common seal, and shall be capable of holding real and personal property and of doing and suffering all that bodies corporate may lawfully do and suffer.
5 Term of office of members of Board.
(1)
Except as otherwise provided in this Act, every member of the Board shall be appointed for a term of three years commencing on the first day of September in the year of his appointment, and any member may from time to time be reappointed.
(2)
Notwithstanding anything to the contrary in this Act every member, unless he sooner vacates his office, shall continue to hold office until his successor comes into office.
(3)
With respect to the first members of the Board the following provisions shall apply:—
(a)
They shall come into office on a day to be specified in the instrument by which they are appointed:
(b)
They shall retire on the thirty-first day of August, nineteen hundred and fifty.
6 Extraordinary vacancies.
(1)
Any member of the Board may at any time be removed from office by the Governor-General for inefficiency, disability, insolvency, neglect of duty, or misconduct proved to the satisfaction of the Governor-General, or may at any time resign his office by writing addressed to the Minister.
(2)
If any member dies, or resigns, or is removed from office, his office shall become vacant and the vacancy shall be deemed to be an extraordinary vacancy.
(3)
In the case of an extraordinary vacancy the Governor-General may appoint some qualified person to be a member of the Board for the residue of the term for which the vacating member was appointed. Any such appointment shall be made in the same manner as the appointment of the vacating member.
(4)
The powers of the Board shall not be affected by any vacancy in the membership thereof.
7 President and Deputy President.
(1)
At the first meeting of the Board after the commencement of this Act, and at the first meeting of every new Board that comes into office, the Board shall appoint a President and a Deputy President of the Board.
(2)
Any person appointed as the President or Deputy President shall hold office, while he continues to be a member of the Board, until the appointment of his successor in accordance with this section, and may be reappointed.
8 Meetings of Board.
(1)
The first meeting of the Board shall be held on a day to be appointed in that behalf by the Minister.
(2)
Subsequent meetings of the Board shall be held at such times and places as the Board from time to time appoints.
(3)
The Minister or the President of the Board may at any time call a special meeting of the Board, and any three members of the Board may at any time by notice in writing request the President to call a special meeting of the Board, and thereupon the President shall call a special meeting of the Board to be held not later than one month after the day he received the notice.
(4)
At all meetings of the Board five members shall form a quorum.
(5)
The President shall preside at all meetings of the Board at which he is present.
(6)
In the absence of the President from any meeting of the Board the Deputy President, if present, shall preside. In the absence from any meeting of both the President and the Deputy President, the members present shall appoint one of their number to be the Chairman of that meeting.
(7)
At any meeting of the Board the person presiding shall have a deliberative vote, and in the case of an equality of votes shall also have a casting vote.
(8)
All questions before the Board shall be decided by a majority of the valid votes recorded thereon.
(9)
Subject to the provisions of this Act and of any regulations made thereunder, the Board may regulate its procedure in such manner as it thinks fit.
9 Committees.
(1)
The Board may from time to time appoint a Committee or Committees, consisting of two or more persons, and, subject to and in accordance with regulations made under this Act in that behalf, may delegate to any such Committee any of the powers or duties of the Board, except the power of delegation conferred by this section.
(2)
Any person may be appointed to be a member of a Committee under this section, notwithstanding that he is not a member of the Board.
(3)
Any delegation under this section may be at any time revoked, in whole or in part, by the Board.
10 District Consultative Committees.
The Board may from time to time, in accordance with regulations made under this Act, appoint District Consultative Committees under the control of the member representing any district to advise the Board on any matter relating to the provisions of this Act or the administration thereof.
11 Officers of Board.
(1)
The Board may from time to time, subject to the approval of the Minister, appoint a fit and proper person, being a Ngaitahu beneficiary, to act as Secretary of the Board, and, with the like approval, may at any time remove the Secretary from office.
(2)
The Secretary shall have all such powers and duties as the Board from time to time determines, and shall at all times conform to the directions of the Board.
(3)
The Board may from time to time appoint such other officers and workmen as it may think necessary or expedient and may from time to time dismiss such officers and workmen.
(4)
All employees of the Board shall be paid such salaries, wages, or allowances as the Board from time to time determines:
Provided that the rate of remuneration of the Secretary shall be fixed only with the prior approval of the Minister.
Functions and Powers of Board
12 Functions of Board.
(1)
The functions of the Board shall be to administer the Fund in accordance with the provisions of this Act for the general benefit of the Ngaitahu beneficiaries, and in pursuance of that object the Board may, in its discretion, provide out of the Fund moneys for the benefit or advancement in life of any specific beneficiary, or of any group or class of beneficiaries.
(2)
Without limiting the general provisions hereinbefore contained it is hereby declared that the Board may from time to time apply moneys out of the Fund towards all or any of the following purposes:—
(a)
The promotion of health—
(i)
By installing or making grants or loans towards the cost of installing water-supplies, sanitation works, and drainage in Maori settlements:
(ii)
By promoting, carrying out, or subsidizing housing schemes, or by making grants or loans for such schemes:
(iii)
By providing, subsidizing, or making grants for medical, nursing, or dental services:
(b)
The promotion of social and economic welfare—
(i)
By making grants or loans for the relief of indigence or distress:
(ii)
By developing, subsidizing, or making grants or loans for farming or other industries:
(iii)
By making grants or loans towards the cost of the construction, establishment, management, maintenance, repair, or improvement of Maori meeting-houses, halls, churches and church-halls, villages, maraes, or cemeteries:
(iv)
By establishing, maintaining, and equipping hostels for the purpose of providing either permanent or temporary accommodation:
(v)
By making grants or loans towards the establishment of recreational centres for common use by the Maori community and for such other uses as the Board thinks fit:
(vi)
By promoting, carrying out, or subsidizing roading schemes, power schemes, or such other schemes as the Board thinks fit, or by making grants or loans for such schemes:
(c)
The promotion of education and vocational training—
(i)
By assisting in the establishment of schools, and in the equipping, managing, and conducting of schools; by making grants of money, equipment, or material to schools or other educational or training institutions; or by making grants to funds established or bodies formed for the promotion of the education of Maoris or for assisting Maoris to obtain training or practical experience necessary or desirable for any trade or occupation:
(ii)
By providing scholarships, exhibitions, bursaries, and other similar means to enable individuals to secure the benefits of education or training, or by making grants to Education Boards or other educational bodies for scholarships, exhibitions, or bursaries:
(iii)
By providing books, clothing, or other equipment for the holders of scholarships or other individuals, or by making grants for such purposes; or by making grants generally for the purpose of assisting the parents or guardians of children to provide for their education or training for any employment or occupation:
(iv)
By providing, maintaining, or contributing towards the cost of residential accommodation for children in relation to their education or training:
(v)
By the promotion of schemes to encourage the practice of Maori arts and crafts, the study of Maori lore and history, and the speaking of the Maori language:
(d)
Such other or additional purposes as the Board from time to time determines.
(3)
Nothing in this section shall be deemed to preclude the Board from applying moneys out of the Fund for the general benefit of a group or class of persons notwithstanding that such group or class of persons includes persons other than Ngaitahu beneficiaries; but no grant or loan shall be made to any individual for his exclusive benefit unless he is a Ngaitahu beneficiary.
13 Loans by Board.
In any case where the Board grants a loan to any person, it shall take such security and fix such terms and conditions in respect of the loan, and for the repayment of the principal sum and for the payment of interest thereon, as the Board decides at the time of the granting of the loan.
14 Power to acquire lands and to farm.
(1)
Out of moneys in the Fund, the Board may acquire any land or any interest in land, whether by way of purchase, lease, or otherwise, and may sell, lease, sublease, or otherwise dispose of any such land or interest.
(2)
The Board may—
(a)
Occupy and manage any land acquired under this section for farming, reclamation, or other purposes, or may permit any person to occupy any such land, whether for the purpose of farming or reclamation or for any other purpose:
(b)
Make any such land available for common use by Maoris for any purpose, or use it for the physical, social, moral, or pecuniary benefit of Maoris or for any purpose having for its object the benefit, betterment, or welfare of Maoris or the promotion of any tribal or communal object.
(3)
For the purpose of farming any such land the Board may from time to time purchase or otherwise acquire such stock, implements, and chattels as it deems necessary; and may sell or otherwise dispose of all or any stock, crops, produce, or chattels grown or held in the course of farming; and for the purpose of any such farming business may, from time to time, raise such moneys as it deems necessary on the security of any stock, crops, produce, or chattels.
Ibid., Vol. VI, p. 189
(4)
Nothing in Part XIII of the Land Act, 1924, or in Part XII of the Native Land Act, 1931, shall prevent the acquisition by the Board of any land or any interest in land.
15 Power to borrow moneys and guarantee loans.
With the prior consent in writing of the Minister and for any of the purposes of this Act, the Board may from time to time—
(a)
Borrow moneys from any bank, person, or body corporate on the security of a mortgage of or charge upon any lands vested in the Board, or a charge upon any moneys payable to the Board by statute or otherwise howsoever:
(b)
Guarantee to His Majesty the King or to any other person or body corporate the repayment of any principal sum or interest thereon by any person.
Financial Provisions
16 Investments by Board.
(1)
Save for the purpose of acquiring any land or any interest in land in accordance with the provisions of section fourteen hereof, the Board shall not, except with the prior consent of the Minister, expend more than one-third part of any annual payment and shall pay the remaining two-thirds part of every annual payment into an account to be called the Investment Account.
(2)
All moneys paid into the Investment Account may, unless the Minister otherwise directs, from time to time be invested by the Board in any investments for the time being authorized by law for the investment of trust funds. Any other moneys in the Fund and available for investment may be invested by the Board in the same manner.
(3)
Nothing in this section shall prevent the Board from expending any income arising from the investment of moneys by the Board.
17 Statement of estimated income and of proposed expenditure of Board to be furnished to Minister.
The Board shall in each year in the month of April, or as soon as practicable thereafter, furnish to the Minister for his consideration and approval a statement showing in such detailed form as the Minister may require the estimated income and the proposed expenditure of the Board for the financial year ending on the thirty-first day of March next following.
18 Books of account.
(1)
The Board shall cause books to be provided and kept, and true and regular accounts to be entered therein of all moneys received into and paid out of the Fund, and of the several purposes for which such moneys have been received and paid.
(2)
Any member or any duly authorized officer of the Board, or any person duly authorized in that behalf by the Minister, or any Ngaitahu beneficiary, may at all reasonable times inspect the books and take copies of or extracts from them free of charge.
(3)
The books and accounts shall be kept in such manner as may be prescribed by the Minister or by regulations made under this Act.
19 Yearly statements of account, and report.
(1)
At the end of each financial year the Board shall cause to be prepared and sent to the Audit Office a balance-sheet showing the assets and liabilities of the Board, and an account of income and expenditure together with such other statements of account as may be necessary to show fully the financial position of the Fund and the financial operations of the Board during that year.
(2)
The balance-sheet, account, and statements shall be audited by the Audit Office, which for that purpose shall have and may exercise all such powers as it has under the Public Revenues Act, 1926, in respect of public moneys and public stores and the audit of local authorities’ accounts.
(3)
A copy of the balance-sheet, account, and statements shall, when duly audited, be submitted by the Board to the Minister, together with a report as to the operations of the Board for that financial year.
Miscellaneous
20 Beneficiaries not to acquire interest in moneys in Fund.
Notwithstanding anything contained in this or any other Act, none of the Ngaitahu beneficiaries shall acquire or be deemed ever to have acquired any interest, whether vested or contingent, or legal or equitable, in the moneys in the Fund.
21 Court to ascertain descendants of beneficiaries.
(1)
The Court may from time to time ascertain and determine the descendants of any of the Ngaitahu beneficiaries who dies.
(2)
Any succession order made by the Court before the commencement of this Act in respect of any of the Ngaitahu beneficiaries shall, so far as it determines the descendants of the beneficiary, be deemed to have the same force and effect as if an order had been made under subsection one hereof.
22 Chief Judge may exercise jurisdiction to correct errors.
(1)
For the purpose of remedying any mistake, error, or omission, or the effect thereof in the order made by the Court on the twelfth day of March, nineteen hundred and twenty-five, determining the persons beneficially entitled to relief under the deed mentioned in the Preamble to this Act, the Chief Judge may, upon the application in writing of any person made not later than twelve months after the commencement of this Act, if he shall deem it necessary or expedient, amend or vary that order.
(2)
Any order made by the Chief Judge upon any such application shall be subject to appeal in the same manner as any final order of the Court, but there shall be no appeal against the refusal to make any such order.
(3)
The Chief Judge may require any applicant to deposit such sum of money within such time as he shall think fit as security for costs, and, unless such deposit is so made, may summarily dismiss the application. The Chief Judge shall have power to allow costs to any person opposing the application.
(4)
Every application under this section shall be heard at sittings of the Court held at Kaiapoi, Temuka, or Puketeraki as may be convenient.
23 Districts.
For the purposes of this Act, the South Island shall be divided into six districts, the boundaries whereof shall be defined by regulations made under this Act.
24 Contracts of Board.
(1)
Any contract which, if made between private persons, must be by deed shall, if made by the Board, be in writing under the seal of the Board. The seal of the Board shall not be affixed to any instrument except pursuant to a resolution of the Board and in the presence of the Secretary and two members; and those witnesses shall sign every instrument to which the seal of the Board is affixed in their presence.
(2)
Any contract which, if made between private persons, must be in writing signed by the parties to be charged therewith shall, if made by the Board, be in writing signed by two members and the Secretary of the Board on behalf of or by direction of the Board.
(3)
Any contract which, if made between private persons, may be made orally may be similarly made by or on behalf of the Board by any member or the Secretary acting by direction of the Board, but no oral contract shall be made for any sum exceeding ten pounds.
(4)
Notwithstanding anything to the contrary in the foregoing provisions of this section, no contract made by or on behalf of the Board shall be invalid by reason only that it was not made in manner provided by this section, if it was made pursuant to a resolution of the Board.
25 Members of Board not personally liable, and not debarred from benefits.
(1)
No member of the Board shall be personally liable for any act or default done or made by the Board or by any member thereof in good faith in the course of the operations of the Board.
(2)
Notwithstanding any rule of law or equity to the contrary, no member of the Board shall be debarred by virtue of his membership from receiving any benefit from the Fund:
Provided that no moneys from the Fund shall be applied, whether by way of grant or loan or in any other manner, for the exclusive benefit of any member, without the prior written approval of the Minister:
Provided further that no member shall take part in any discussion or vote on any resolution of the Board concerning the application of any such moneys for his exclusive benefit.
26 Travelling expenses and allowances.
The members of the Board shall be paid such travelling expenses and allowances in respect of attendance at meetings of the Board or travelling on the business of the Board as may be prescribed by regulations made under this Act.
27 Regulations.
(1)
The Governor-General may from time to time, by Order in Council, make such regulations as are contemplated by this Act or as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.
(2)
Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section—
(a)
Defining the boundaries of districts:
(b)
Providing for the election by poll or otherwise of persons to be nominated for membership of the Board:
(c)
Prescribing the records to be kept by the Board, the form of those records, and the manner in which they are to be kept:
(d)
Regulating the keeping of accounts and other records of moneys received into and paid out of the Fund, and generally regulating expenditure by the Board:
(e)
Regulating the procedure of the Board:
(f)
Regulating the delegation of powers and duties by the Board to Committees, and fixing the limits of any such delegation:
(g)
Prescribing the procedure for the appointment of District Consultative Committees, and defining their powers and functions:
(h)
Prescribing the procedure in respect of the application for and the granting of loans or other benefits under this Act:
(i)
Fixing the travelling expenses and allowances of members of the Board.
28 Repeal and saving.
1931, No. 32
(1)
Section sixty-five of the Native Purposes Act, 1931, is hereby repealed.
(2)
All appointments, contracts, deeds, instruments, claims, liabilities, notices, returns, statements, declarations, recommendations, approvals, consents, and generally all acts of authority that originated under the section hereby repealed, and are subsisting or in force on the commencement of this Act, shall enure for the purposes of this Act as if they had originated under this Act, and accordingly shall, where necessary, be deemed to have so originated.
(3)
All matters and proceedings that are pending or in progress under the section hereby repealed on the commencement of this Act may be continued and completed under this Act.
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Versions
Ngaitahu Trust Board Act 1946
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