Section seven of the Maori Purposes Act, 1941, is hereby amended by inserting, after subsection two, the following subsection:—

Any Maori Land Board, with the approval of the Board of Maori Affairs, may from time to time, for the purpose of providing residential accommodation for officers of the Department of Maori Affairs employed within the district in respect of which the Maori Land Board was constituted, expend moneys out of its account for all or any of the following purposes:—

A Maori Land Board may let any dwelling so purchased or erected, or any part thereof, to any officer of the Department of Maori Affairs employed within the district in respect of which the Maori Land Board was constituted, for such term and at such rent and otherwise upon such terms and conditions as the Maori Land Board, with the approval of the Board of Maori Affairs, thinks fit.

In the event of any dwelling acquired or erected by a Maori Land Board for the purposes of this section being no longer required for those purposes, the Maori Land Board may sell, exchange, or otherwise dispose of the same in such manner and on such terms as the said Maori Land Board, with the approval of the Board of Maori Affairs, thinks fit.

Section one hundred and forty-six of the principal Act is hereby amended by repealing subsection one and substituting the following subsection:—

Section two hundred and twenty-three of the principal Act is hereby amended by inserting, after the words “for the purposes of the trust”, the words “or for the purpose of purchasing a dwelling for any beneficiary under the trust or of purchasing land and erecting a dwelling thereon for any such beneficiary.”

In addition to the powers conferred upon him by section fifty of the Maori Trustee Act, 1930, the Maori Trustee may make such advances as he deems fit, out of moneys standing to the credit of the Maori Trustee’s account for any purpose having for its object the advancement or benefit of any beneficiary of any estate administered by him, including the purchase of a dwelling, or the purchase of land and the erection of a dwelling thereon, for any such beneficiary.

The provisions of section fifty of the Maori Trustee Act shall, as far as they are applicable, apply to any advance made by the Maori Trustee pursuant to this section.

Section thirteen of the Maori Purposes Act, 1948, is hereby amended as follows:—

Section thirteen of the Maori Purposes Act, 1948, is hereby further amended by adding the following subsection:—

The Maori Purposes Act, 1931, is hereby amended by repealing section nine and substituting the following section:—

In addition to the powers conferred by the Maori Social and Economic Advancement Act, 1945, a Tribal Executive or a Tribal Committee may, with the precedent consent in writing of the Minister of Maori Affairs, acquire any land or any interest in land, whether by way of purchase, lease, or otherwise, for any tribal or communal purpose, and may with the like consent sell, lease, sublease, or otherwise dispose of any such land or interest so acquired.

The Board of Maori Affairs Act, 1934–35, is hereby amended by inserting, after section nine, the following section:—

Section forty-nine of the Maori Land Amendment Act, 1936, is hereby repealed.

For the purposes of section twenty-three of the Maori Social and Economic Advancement Act, 1945, the Ratana Trust Board, constituted under section fourteen of the Maori Purposes Act, 1941, shall be deemed to be a Tribal Executive.

For the purposes of this section and of section twenty-three of the Maori Social and Economic Advancement Act, 1945, a third of the revenue of the Ratana Trust Board received from leases or tenancies granted by the Board under section fourteen of the Maori Purposes Act, 1941, shall not be deemed to be revenue of the Board.

In making an order of adoption under Part IX of the principal Act in respect of any child the Court may, in any such order, confer the name of the adopting parent, or either of the adopting parents, on the adopted child with such proper or Christian name as the Judge, on the application of the adopting parent or parents, may fix.

This Part of this Act shall be read together with and deemed part of the Maori Land Act, 1931 (hereinafter in this Part referred to as the principal Act).

This Part of this Act shall come into force on the first day of February, nineteen hundred and fifty-one.

In this Part of this Act, unless the context otherwise requires—

Except as otherwise expressly provided by this Part of this Act, the provisions of this Part shall apply to—

Subject to the provisions of this Part of this Act, every farm lease shall confer upon the lessee, on the termination of the lease by effluxion of time, a right to receive for improvements effected by him compensation to be determined in the manner provided by this Part of this Act.

The provisions of this section shall apply only to leases made or contracted to be made after the commencement of this Part of this Act.

Notwithstanding the provisions of section seventeen of this Act, any person or persons may enter into a farm lease providing that no compensation whatever shall be payable to the lessee in respect of any improvements effected by him or providing that the amount of compensation payable to the lessee for improvements effected by him shall, subject to the limitation prescribed in section twenty-three of this Act, be such amount as may be prescribed in the lease.

Except as provided by this section, nothing contained in any farm lease shall confer on the lessee a right to compensation for improvements effected by him except in accordance with the provisions of this Part of this Act.

No farm lease, and no resolution of the owners assembled in accordance with Part XVIII of the principal Act to grant a farm lease, shall be confirmed by the Court unless any such lease or resolution contains an express provision to the effect that a right to compensation for improvements is conferred on the lessee or to the effect that the parties have agreed that no compensation whatever shall be paid to the lessee for improvements effected by him.

No farm lease conferring on the lessee a right to compensation for improvements shall be deemed to be contrary to the interest of the Maori owners of the land, or any of them, merely because any such right is so conferred, and confirmation of a farm lease, or of a resolution of the owners assembled in accordance with Part XVIII of the principal Act to grant a farm lease, containing any such provision shall not be refused or disallowed merely because any such right is so conferred.

For the purpose of ascertaining the amount of compensation to which a lessee under a farm lease is entitled the Valuer-General shall, at the request made by or on behalf of any of the parties to the lease, and on payment to the Valuer-General of any fee prescribed by him in that behalf, cause to be made, as at the date of the termination of the lease, or at such other time as the lease in that behalf provides, a special valuation of the land comprised in the lease.

On the making of that valuation the Valuer-General shall cause to be prepared a certificate setting forth the following particulars:—

For the purposes of this section, the expressions “capital value”, “improvements”, “unimproved value”, and “value of improvements” shall have the meanings assigned to them by the Valuation of Land Act, 1925, and every valuation made under this section shall be made in the same manner as if it were a valuation under that Act.

Notwithstanding anything in any other Act or rule of law, the expressions “capital value”, “improvements”, “unimproved value”, and “value of improvements” shall for the purposes of valuations to be made under this section continue to have the same meanings as are assigned to them at the commencement of this Part of this Act by the Valuation of Land Act, 1925, unless the Act by which an amendment of any of those expressions is made expressly provides that the amendments shall apply in the case and for the purposes of valuations made under this section.

As soon as practicable after making any special valuation as aforesaid the Valuer-General shall serve a copy of the certificate setting forth the particulars of the valuation on the lessee and the owner of the land.

In the case where the land is owned by two or more owners in common the Valuer-General shall, instead of serving copies of the valuation upon the owners, serve a copy on the Maori Trustee, who shall forthwith, in such manner as he thinks fit, notify the particulars of the valuation to the owners, but failure on the part of the Maori Trustee to notify the owners or any of them shall not render him liable for damages or otherwise in any action brought at the suit of the owners, nor shall any such failure in any way invalidate or affect any valuation made as aforesaid.

Where the lessee or any owner desires to object to any of the values set out in a certificate of valuation he shall, within two months from a date specified by the Valuer-General, or within such extended time as the Valuer-General may, in his discretion, appoint, give notice in writing of his objection to the Valuer-General and shall set out therein the grounds of his objection. A copy of the notice of objection shall forthwith be transmitted by the Valuer-General to the lessee, where the objection is made by any owner, and, where the objection is made by the lessee, a copy of the objection shall be transmitted to the owner or to the Maori Trustee in the case where the certificate of valuation was served on him.

If within the period of two months or within the extended time appointed by the Valuer-General as aforesaid the lessee or any owner neglects or fails to lodge any objection, the lessee or the owner or owners shall be deemed to have agreed to the values set out in the certificate.

All objections made in the manner prescribed by this section shall be heard and determined in the same manner as if they were objections made to valuations under the Valuation of Land Act, 1925, and all the provisions of that Act relating to objections and the determination and disposal thereof shall extend and apply accordingly and if, on the hearing of any objection, any alteration in the valuation is made, the Valuer-General shall amend the certificate of valuation accordingly.

The amount of compensation to which a lessee is entitled shall be seventy-five per cent of the value, as shown in the certificate of valuation or amended certificate given by the Valuer-General under section twenty-one or section twenty-two of this Act, of the improvements effected by the lessee.

On confirming, under Part XIII of the principal Act, any lease (whether a farm lease or otherwise) which contains any provision for the payment of compensation for improvements effected by the lessee, the Court shall, notwithstanding any of the provisions of the principal Act or of any other Act, or the provisions of the lease, order that all the rent payable under the lease shall be paid to the Maori Trustee.

On confirming any resolution of the owners assembled in accordance with Part XVIII of the principal Act to grant a lease (whether a farm lease or otherwise) which contains any provision for the payment of compensation for improvements effected by the lessee, the Court shall, notwithstanding the provisions of the principal Act, stipulate that the rent payable under the lease shall be paid to the Maori Trustee.

Any rent so payable to the Maori Trustee shall, as it becomes due and payable in terms of the lease, constitute a debt due by the lessee to the Maori Trustee, recoverable by action or distress in the same manner as if it were rent due to the Maori Trustee for land demised by him.

After deducting therefrom all moneys properly deductible, including the Maori Trustee’s commission, the Maori Trustee shall distribute two thirds of the residue of the rent to the owners for the time being entitled to it, and shall, subject to the provisions of subsection five of this section, invest the remaining third in the Maori Trustee’s Common Fund, there to accumulate with interest thereon at the rate from time to time determined by the Governor-General in Council pursuant to the provisions of section forty-one of the Maori Trustee Act, 1930.

The Maori Trustee may, in his discretion, instead of investing the whole or any part of the remaining third of the residue of the rent as aforesaid in his Common Fund, apply the whole or any part thereof in the purchase of a sinking fund policy from any insurance company or other like body, and in the payment of the premiums due thereon.

Every such sinking fund policy shall be purchased in the name of the Maori Trustee.

The compensation payable to the lessee in terms of his lease and of the provisions of this Part of this Act shall be paid by the Maori Trustee out of the moneys arising from the investment, made under subsection four of section twenty-four of this Act, in the Maori Trustee’s Common Fund or from the purchase of any sinking fund policy purchased in accordance with that section.

If the moneys so arising exceed the amount payable to the lessee, the Maori Trustee shall pay the surplus to the persons then entitled to the revenues of the land demised.

If the moneys arising as aforesaid are insufficient to pay the lessee the amount to which he is entitled, the Maori Trustee shall make up the deficiency by an advance out of other moneys in his Common Fund, and the land in respect of which any such advance is made by the Maori Trustee shall be charged with the payment of the amount so advanced, together with interest thereon, as hereinafter provided.

In respect of any advance so made the Maori Trustee may sign and seal a memorial of charge against the land affected, and any such memorial of charge may be registered against the title to that land by the District Land Registrar or the Registrar of Deeds, as the case may be, of the Land Registration District in which the land is situated; and when so registered the memorial of charge shall have the same force and effect as if it were a valid mortgage to the Maori Trustee executed by a Maori owner of all the land therein described to secure the repayment of the principal and interest moneys thereby expressed to be due; and the power of sale and all other powers expressed by the Land Transfer Act, 1915, or the Property Law Act, 1908, as the case may be, shall be implied in the memorial, which shall have the same effect and operation as if the same were a mortgage executed as aforesaid containing the said powers.

The principal moneys secured under any such memorial of charge shall be due upon a date to be named therein, and interest shall be payable thereon at the rate charged from time to time by the Maori Trustee for moneys advanced on the security of freehold lands. Any such interest shall be payable quarterly on days to be specified in the memorial.

The provisions of this section shall apply to any subsisting farm lease of Maori freehold land owned by more than five owners as tenants in common.

The provisions of this section shall, notwithstanding anything contained in Part XIV and Part XV of the principal Act, apply to any subsisting farm lease of land vested in a Maori Land Board under either of those Parts, whether any such subsisting lease was granted by the Board as the legal owner, or in pursuance of a resolution of the owners duly assembled in accordance with the provisions of Part XVIII of the principal Act:

Provided that nothing in this section shall apply to any subsisting farm lease which contains a provision conferring on the lessee a right to compensation for improvements effected by him.

The owners of any land subject to a subsisting farm lease duly assembled in accordance with the provisions of Part XVIII of the principal Act may, notwithstanding anything contained in the principal Act, pass a resolution or resolutions to the following effect:—

On any such resolution being passed and reported to the Court the Court shall take the same into consideration, and shall either confirm the resolution or disallow the resolution.

On the confirmation of any such resolution the Maori Land Board shall become, without further authority than the resolution, the agent of the owners for the time being to execute in the name of the Board a memorandum of variation of the lease in accordance with the terms of the resolution as confirmed, and the owners shall not be competent to revoke the authority of the Board in that behalf, and the provisions of subsection six of section two hundred and eighty-nine of the principal Act shall, with the necessary modifications, apply to any memorandum of variation as aforesaid.

For the purposes of this Part of this Act any variation under section twenty-six of this Act of a subsisting farm lease shall, if the variation confers on the lessee a right to compensation for improvements effected by him, be deemed to be the grant of a new farm lease.

Any such variation of a subsisting farm lease extending the term thereof shall, for the purposes of subsection one of section two hundred and eighty-five of the principal Act, be deemed to be the grant of a new lease commencing on the date from which the variation takes effect.

On the grant of a farm lease conferring on the lessee a right to compensation for improvements effected by him the Maori Trustee shall forthwith cause to be made, in such manner as he thinks fit, a record of the state and condition of the land and of any improvements existing thereon, and a valuation under subsection two of this section.

The Valuer-General shall, at the request of the Maori Trustee, and on payment to the Valuer-General of any fee prescribed by him in that behalf, cause to be made, as at the date of the commencement of the lease, a special valuation of the land comprised in the lease, and the provisions of sections twenty-one and twenty-two of this Act shall, as far as they are applicable, and with the necessary modifications, apply to any such valuation.

The cost of making any such record and valuation shall be deemed to be an expense properly deductible from any rent coming into the hands of the Maori Trustee from the lease of the land in respect of which the record is made, and the Maori Trustee may deduct the amount of the cost from the rent in instalments or otherwise as he thinks fit.

Where any lessee makes, or proposes to make, any improvements in respect of which he will be entitled to compensation in terms of his lease and in accordance with the provisions of this Part of this Act, he shall be entitled, on application to the Maori Trustee, to have a record made by the Maori Trustee of the particulars of the nature of those improvements and of the state and condition of the land before the making of the improvements. Every such record shall be made at the cost in all things of the lessee.

Every record made under this section shall be retained by the Maori Trustee, and shall at all times be receivable as sufficient evidence of the facts so recorded in all matters and proceedings touching the improvements effected by the lessee.

Any notice required to be given to any person under the provisions of this Part of this Act may be given by delivering the same to him personally or by sending the same to him by registered post addressed to him at his last known place of abode or business in New Zealand, and when so posted shall be deemed to have been received when in the ordinary course of post it would be delivered.

Where any notice has been given by the agent of any person entitled to give that notice, service of any notice required to be given to that person may be effected by serving the same in manner aforesaid on that agent.

If the person to whom notice is required to be given is deceased, service of any notice may be effected in manner aforesaid on his personal representative.

Section two hundred and eighty-six of the principal Act is hereby repealed.

Section two hundred and eighty-seven of the principal Act is hereby amended by omitting the words “the last preceding section, or of”.

This Part of this Act shall be read together with and deemed part of the Maori Land Act, 1931 (hereinafter in this Part referred to as the principal Act).

This Part of this Act shall come into force on the first day of February, nineteen hundred and fifty-one.

In this Part of this Act, unless the context otherwise requires—

The provisions of this Part of this Act shall apply to any Maori freehold land, or any land owned by Maoris, which is not subject to any subsisting valid lease or a valid contract to grant or renew a lease.

The provisions of this Part of this Act shall, in their application to any Maori freehold land, be read subject to the provisions of any other enactment which apply to that land.

Where, with respect to any land to which this Part of this Act applies, the Court is satisfied—

1950, No. 62

the Court may make an order appointing the Maori Trustee to execute in his own name, as agent for or on behalf of any owner or owners of the land, an instrument of alienation in respect of the land, or any part thereof, or any interest therein, in accordance with the provisions of this Part of this Act.

On making an order granting a charge under Part II of the Rating Act, 1925, for rates or other moneys due in respect of Maori freehold land, the Court may, without any application being made to it in that behalf, make an order appointing the Maori Trustee as agent to execute, in manner provided by subsection one of this section, an instrument of alienation of the land under this Part of this Act.

On the hearing of any application for the appointment of a Receiver for the purpose of enforcing any charge granted under Part II of the Rating Act, 1925, for rates or other moneys due in respect of Maori freehold land, the Court, may, instead of making an order appointing a Receiver, make an order appointing the Maori Trustee to execute, in manner provided by subsection one of this section, an instrument of alienation of the land, under this Part of this Act.

The Court may, by order, cancel any order made by it under section thirty-four of this Act, but no such cancellation shall invalidate any alienation theretofore made, nor in any way affect the rights, powers, duties, and obligations of the Maori Trustee or any party to the alienation so made.

No order made by the Court under section thirty-four or section thirty-five of this Act shall have any force or effect until and unless it has been approved by the Minister of Maori Affairs.

It shall not be competent for any owner to revoke the agency created by an order made under section thirty-four of this Act, nor shall the death of the owner determine or put an end to, or in any way affect any such agency, but upon the appointment of any successor to that owner the Maori Trustee shall thereupon become the agent of the successor so appointed.

Every such instrument of alienation executed by the Maori Trustee as the agent of the owners shall, without confirmation under Part XIII of the principal Act, have the same force and effect, and may be registered in like manner, as if it had been executed by the owners of the land affected and as if those owners had been fully competent in that behalf. The production of any certificate of title issued in respect of the land affected by the instrument of alienation shall not be necessary for the registration of that instrument.

No land in respect of which the Maori Trustee has been appointed the agent of the owners under section thirty-four of this Act and which, in the opinion of the Maori Trustee, is capable of being profitably used for any of the purposes for which land contained in a farm lease is used, shall be sold by the Maori Trustee but any such land shall be disposed of by way of a farm lease in accordance with the provisions of this Part of this Act.

Subject to the provisions of subsection one of this section, the Maori Trustee may alienate any land, or any interest in land, in respect of which he has been appointed the agent of the owner or owners under this Part of this Act in as full and ample a manner as the owner or owners might lawfully have done if the Maori Trustee had not been so appointed.

Except in the case of the sale or lease of undivided shares or interests in land which may be effected by the Maori Trustee by way of private contract, every sale or lease of land by the Maori Trustee under this Part of this Act shall, subject to the provisions of this Part of this Act, be effected by way of public tender on such terms and conditions as the Maori Trustee thinks fit.

Where the Maori Trustee has offered any land for sale or lease by public tender and no tenders are received, the Maori Trustee may sell or lease the land by private contract on the terms and conditions on which the land was offered for tender, or upon such other terms and conditions as the Maori Trustee thinks fit.

Before offering any land for lease by public tender, or before calling for applications by owners for a lease of land in accordance with the provisions of this Part of this Act, the Maori Trustee shall request the Valuer-General to make a special valuation of the land in the same manner as if it were a valuation under the Valuation of Land Act, 1925; and the Maori Trustee shall fix an upset rent of the land which shall be equal to five per cent of the unimproved value of the land as disclosed by the special valuation so made and he shall offer the land for lease by public tender or call for applications by owners for a lease of the land at the upset rent so fixed.

Where any special valuation discloses that there are any improvements on the land in respect of which the valuation is made, the Maori Trustee shall, in offering any land for lease by public tender or in calling for applications by owners for a lease of the land, make it a condition that the successful tenderer or applicant shall, within such time and in such manner as the Maori Trustee prescribes in that behalf, pay to the Maori Trustee an amount equal to the value of the improvements as disclosed by the special valuation.

Where the Maori Trustee has, under the provisions of this Part of this Act, been appointed the agent of the owners of land which is owned at law or in equity by two or more owners in common, and the Maori Trustee is of the opinion that one or more of those owners may be ready and willing to take a lease of the land, the Maori Trustee shall, by public notice, or by notice given in such other manner as appears to him appropriate, call for applications by the owners for a lease of the land at the upset rent fixed in accordance with section forty-one of this Act.

The notice so given by the Maori Trustee shall specify the time and place for the making of applications, but the time within which applications may be made shall be not more than six weeks from the date upon which the Maori Trustee gives the notice.

Any lease granted under this section shall be subject to the provisions of this Part of this Act and to such other terms and conditions, not inconsistent with the provisions of this Part of this Act, as the Maori Trustee thinks fit.

It shall be at all times within the discretion of the Maori Trustee to refuse any application by any owner for a lease of the land or to reject any such application, and the exercise of that discretion shall not be questioned by any person or authority.

Where more than one application is made within the time specified in the notice given by the Maori Trustee all such applications shall be deemed, for the purposes of this Part of this Act, to be simultaneous.

In any case where there are simultaneous applications for a lease of land the Maori Trustee shall determine which applicant is the most suitable applicant and, subject to the provisions of subsection three of this section, shall grant a lease to that applicant.

Where in the opinion of the Maori Trustee there are two or more applicants equally suitable to be allotted a lease of the land, the allotment shall be decided by ballot.

Nothing in this section shall limit the right of the Maori Trustee to refuse or reject under section forty-four of this Act any application.

At any ballot held pursuant to section forty-six of this Act the person conducting the ballot may draw as many names as he thinks fit, not exceeding the number of applicants for a lease.

If the applicant whose name is drawn first forfeits his right to be allotted the lease pursuant to subsection three of section forty-eight of this Act, or if he surrenders his right to be allotted the lease, the applicant whose name is drawn second shall be declared the successful applicant.

If the successful applicant, pursuant to subsection two of this section, forfeits his right to be allotted the lease pursuant to subsection three of section forty-eight of this Act, or if he surrenders his right to be allotted the lease, the applicant whose name is next drawn in rotation shall be declared the successful applicant; and so on until the list of applicants whose names have been drawn is exhausted.

In any case where all the successful applicants within the meaning of this section forfeit their rights to be allotted a lease of the land, or surrender their rights to be allotted the lease, the Maori Trustee shall proceed as soon as practicable to offer the land for lease by public tender in accordance with the provisions of this Part of this Act.

Where applications have been called for the lease of any land the Maori Trustee shall, as soon as possible after the date fixed for making applications, notify each applicant of the result of his application.

The successful applicant shall, within such time as the Maori Trustee in each case prescribes in that behalf after the applicant is notified of the acceptance of his application, pay to the Maori Trustee an amount equal to a half year’s rent payable under the lease together with any amount which he is required to pay for improvements in accordance with the provisions of section forty-two of this Act.

If the successful applicant does not pay the amount specified in subsection two of this section within the time limited in that behalf, his application shall thereupon lapse and his right to be allotted a lease of the land shall be deemed to be forfeited.

Every farm lease granted by the Maori Trustee under this Part of this Act shall be subject to the provisions of Part II of this Act.

The rent payable under any lease granted by the Maori Trustee under this Part of this Act shall be payable to the Maori Trustee and not otherwise.

Where any such lease contains any provisions for the payment of compensation for improvements effected by the lessee, the Maori Trustee, after deducting from the rent all moneys properly deductible, including his commission, shall distribute half of the residue of the rent to the owners for the time being entitled to it and shall, subject to the provisions of subsection three of this section, invest rhe residue, together with any moneys paid to him for improvements in accordance with the provisions of section forty-two of this Act, in the Maori Trustee’s Common Fund, there to accumulate with interest thereon at the rate from time to time determined by the Governor-General in Council pursuant to the provisions of section forty-one of the Maori Trustee Act, 1930.

The Maori Trustee may, in his discretion, instead of investing the whole or any part of the residue of the rent, or the whole or any part of moneys paid to him for improvements in accordance with the provisions of section forty-two of this Act, in his Common Fund, apply the whole or any part thereof in the purchase of a sinking fund policy from any insurance company or other like body, and in payment of the premiums due thereon.

Every such sinking fund policy shall be purchased in the name of the Maori Trustee.

The moneys arising from any such investment, or from the purchase of any such sinking fund policy, shall be used by the Maori Trustee for the purpose of paying compensation for improvements effected by the lessee, and the provisions of section twenty-five of this Act, as far as they are applicable, and with the necessary modifications, shall apply in any such case.

Every farm lease containing any provisions for the payment of compensation for improvements effected by the lessee shall be for a term of twenty-one years. Every such lease shall contain a provision that if the Maori Trustee does not, at least six months before the termination of the term of the lease give notice to the lessee that he desires to resume possession of the land, the lessee shall have the right to elect to renew the lease for a further term of twenty-one years, subject to the right of the Maori Trustee, on giving six months’ notice to the lessee of his desire so to do, to resume possession of the land at any time during the currency of the term on the payment to the lessee of the amount of the compensation for improvements effected by him to which he is then entitled.

Nothing in Part XII of the principal Act shall prevent the acquisition by any person of any land or interest in land in respect of which the Maori Trustee has been appointed as the agent of the owner or owners under this Part of this Act.

Nothing in the Servicemen’s Settlement Act, 1950, shall apply to any sale of land, or any interest therein, effected by the Maori Trustee under the provisions of this Part of this Act.

Sections three hundred and fifty-five and five hundred and forty of the principal Act are hereby repealed.

Every order made under the said section five hundred and forty and subsisting at the commencement of this Part of this Act shall enure for the purposes of this Part of this Act as fully and effectually as if it had originated under this Part of this Act, and accordingly shall, where necessary, be deemed so to have originated.

No alienation contracted to be made before the commencement of this Part of this Act shall be affected in any way by the repeal of the said section five hundred and forty, and any such alienation may be completed and carried into effect as if this Act had not been passed.

Whereas the land known as Allotment 1, Parish of Motukaraka (Wharau), situated in Block XIII, Mangamuka Survey District, in the North Auckland Land District, being the whole of the land comprised in certificate of title, Volume 16, folio 226, Auckland Registry (in this section referred to as the said land), was at one time owned by a European, one Christopher Harris, and was later transferred by him to his eleven children, being Maoris within the meaning of the principal Act: And whereas the said land now constitutes the Motukaraka Maori Settlement and it is considered that for its better future utilization and control it is desirable that the said land should be declared to be Maori freehold land: Be it therefore enacted as follows:—

The said land is hereby declared to be Maori freehold land.

This section shall be deemed to have come into force on the second day of April, nineteen hundred and fifty.

Notwithstanding anything contained in section one hundred and seventy-five of the principal Act the Court is hereby empowered, upon application in that behalf being made to it not later than six months after the passing of this Act, to hear and determine an application for a grant of probate of the will of Roka Merehana, late of Otorohanga, a Maori woman.

Notwithstanding any restraint upon or restrictions against sale, encumbrance, or leasing contained in the will of Tuwhakaririka Poutama, deceased, late of Te Kuiti, in the Provincial District of Auckland, probate of which was granted by the Maori Land Court on the twenty-third day of October, nineteen hundred and thirty-five, no gift or devise of any land or interest in land referred to in the said will by Patena Tuwhakaririka to his daughter Marie Erina Hetet or her husband Achi Thomas Hetet or to them jointly or as tenants in common shall be held invalid or in any way prejudicially affected because of the terms of the said will and any such gift may be made as if no restrictions on the alienation of the said land were contained in the will.

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 appointed to inquire into and report upon certain Maori claims, amongst others, touching the cession to the Crown of the Patutahi Block in the Gisborne District: And whereas the members of the Commission in the report of the Commission, which is reproduced in Paper G-5 of the Appendices to the Journals of the House of Representatives for the year nineteen hundred and twenty-one, came to the conclusion that the Maoris had been deprived without their consent, of an area of twenty thousand, three hundred and thirty-seven acres: And whereas the Maoris concerned in the said claims, by their representatives, agreed on the twenty-second day of October, nineteen hundred and fifty, to accept payment of the sum hereinafter mentioned in full settlement and discharge of their claims: And whereas it is desirable to make provision for a settlement accordingly: Be it therefore enacted as follows:—

In settlement of claims and demands which have heretofore been made or which may hereafter be made upon His Majesty’s Government in New Zealand in respect of, or arising out of the cession to the Crown of the Patutahi Block in the Gisborne District, there shall be paid to the Maori Trustee, from moneys appropriated by Parliament for the purpose, a sum of thirty-eight thousand pounds.

Out of the said sum the Maori Trustee shall make the following payments:—

The balance of the said sum of thirty-eight thousand pounds shall be distributed by the Maori Trustee to the beneficiaries in the respective shares ascertained by the Court.

The award of one thousand six hundred and fifty shares made by order of the Court dated the twenty-second day of November, nineteen hundred and twenty-three, to Heni Materoa and Wiremu Tutepuaki Pitt on behalf of all the beneficiaries is hereby cancelled and the total number of shares is hereby reduced accordingly.

Sections ninety-three and ninety-four of the Maori Purposes Act, 1931, are hereby repealed.

Whereas pursuant to section sixty-two of the Maori Purposes Act, 1931, a certain sum of money was paid to the Tairawhiti District Maori Land Board to be held in trust for certain Maoris: And whereas the whole of the said sum has now been expended by the said Board for various purposes including the acquisition of the land described in subsection two of this section and the erection of communal buildings thereon: And whereas it is desirable that the said Board should be discharged from the trust created by the said section and that the said land should be vested, either in the persons beneficially entitled thereto, or in any person or persons in trust for the persons beneficially entitled thereto: Now therefore be it enacted as follows:—

The Court is hereby authorized and empowered to make such order or orders as it thinks necessary discharging the Tairawhiti District Maori Land Board from the trusts created by section sixty-two of the Maori Purposes Act, 1931, and vesting the land described in subsection two of this section in such persons as the Court finds to be beneficially entitled thereto or in any person or persons in trust for the persons or class or classes of persons beneficially entitled thereto.

The land to which this section relates is more particularly described as follows: All that parcel of land situated in the Borough of Gisborne and in Block VII, Turanganui Survey District, containing eight acres six perches and six tenths of a perch, more or less, being Lots 1 and 2 on Deposited Plan Number 3086, being part of Kaiti 337I Block, and being the whole of the land comprised and described in certificate of title, Volume 80, folio 151, Gisborne Registry.

In making any order under this section the Court may declare any part of the said land to be Maori freehold land.

Notwithstanding anything to the contrary in subsection twelve of section fifteen of the Maori Purposes Act, 1938, or in section two hundred and fifty-nine of the principal Act, or in any other enactment, a beneficiary of the Wi Pere Trust estate may dispose of, by way of sale or gift, the whole or any part of his beneficial interest in the said estate to any of his children or other descendants or to any other beneficiary of the said estate.

The provisions of Part XIII of the principal Act shall, with the necessary modifications, apply to any disposition made pursuant to this section.

Section twenty-five of the Maori Purposes Act, 1947, is hereby amended by repealing subsection four and substituting the following subsection:—

The said section twenty-five is hereby further amended by omitting from subsection five the words “thirtieth day of June in each succeeding year”, and substituting the words “fifteenth day of August in each succeeding year”.

The said section twenty-five is hereby further amended by repealing subsection nine and substituting the following subsection:—

The said section twenty-five is hereby further amended by adding to subsection twelve the words “No person shall hold office as a member of the Committee unless and until such an order confirming his election or appointment has been made. The Court may, on sufficient cause being shown, refuse to make any such order, and shall thereupon order that a new election shall be held, or a new appointment made, as the case may be, to fill the vacancy purporting to be filled by the election or appointment of the person in respect of whom the order has been refused.”

Section twenty-six of the Maori Purposes Act, 1947, is hereby amended by omitting the words “the month of October in each year”, and substituting the words “the month of August in each year”.

Section thirty-two of the Maori Purposes Act, 1947, is hereby amended by inserting in subsection two, after the word “management”, the word “farming”.

Section thirty-three of the Maori Purposes Act, 1947, is hereby amended as follows:—

Section thirty-six of the Maori Purposes Act, 1947, is hereby amended as follows:—

Section thirty-eight of the Maori Purposes Act, 1947, is hereby amended by repealing subsections two, three, four, and five and substituting the following subsections:—

Section forty-one of the Maori Purposes Act, 1947, is hereby amended by omitting the word “Minister”, and substituting the word “Court”.

Section forty-two of the Maori Purposes Act, 1947, is hereby amended by omitting the words “one banking account” and substituting the words “a banking account or banking accounts”.

Section forty-three of the Maori Purposes Act, 1947, is hereby amended by omitting the words “thirtieth day of June”, and substituting the words “thirty-first day of May”.

Section forty-five of the Maori Purposes Act, 1947, is hereby repealed.

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 appointed to inquire into and report upon certain Maori claims, amongst others, touching the acquisition by the Crown of the Aorangi Block in the Waipukurau District: And whereas the members of the Commission in the report of the Commission which is reproduced in Paper G-5 of the Appendices to the Journals of the House of Representatives for the year nineteen hundred and twenty-one, came to the conclusion that the Maoris had been deprived of the said block by mistakes arising out of various transactions which took place in respect of the land: And whereas the Maoris concerned in the said claims, by their representatives, have agreed to accept payment of the sum hereinafter mentioned in full settlement and discharge of their claims: And whereas it is desirable to make provision for a settlement accordingly and for the control and administration of the moneys paid thereunder: Be it therefore enacted as follows:—

In settlement of all claims and demands which have heretofore been made or which may hereafter be made upon His Majesty’s Government in New Zealand in respect of or arising out of the acquisition by the Crown of the Aorangi Block in the Waipukurau District, there shall be paid to the Maori Trustee, from moneys appropriated by Parliament for the purpose, a sum of fifty thousand pounds.

Out of the said sum the Maori Trustee shall distribute the sum of twenty-two thousand five hundred pounds to the persons (in this section referred to as the beneficiaries) found by the Court to be entitled thereto in the respective shares ascertained by the Court.

Out of the remainder of the said sum of fifty thousand pounds the Maori Trustee shall cause to be paid a sum of five thousand pounds to such persons and in such proportions as the beneficiaries shall agree upon in settlement of costs incurred in prosecuting the claims of the beneficiaries in respect of the Aorangi Block aforesaid.

The balance of the said sum of fifty thousand pounds shall be paid by the Maori Trustee to such trustees as may be appointed pursuant to subsection five of this section upon such trusts for the benefit of the beneficiaries or their descendants as may be declared by the Governor-General by Order in Council.

On the recommendation of the Minister of Maori Affairs, the Governor-General in Council may appoint three or more trustees for the purpose of administering any trusts declared under subsection four of this section.

In making any recommendation under subsection five of this section, the Minister shall have regard to, but shall not be bound by any nominations for appointment that may be made and submitted to him pursuant to a resolution passed by a majority of beneficiaries according to shares at a meeting of beneficiaries called for the purpose.

Notwithstanding any rule of law or equity to the contrary, no trustee who is a beneficiary shall be debarred, by virtue of his trusteeship, from receiving any benefit from the trust fund:

Provided that the written consent of the Minister to any trustee receiving any such benefit is first had and obtained.

Section one hundred and eight of the Maori Purposes Act, 1931, and section twenty-one of the Maori Purposes Act, 1935, are hereby repealed.

Nothing in Part XII of the principal Act shall apply to the land referred to in subsection two of this section.

The land to which this section relates is particularly described as follows:—

This section shall be deemed to have come into force on the thirty-first day of January, nineteen hundred and fifty.