Except as otherwise provided by this Act, all references to a Native in any Act, regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, or other document whatsoever, shall, unless inconsistent with the context, be hereafter read as references to a Maori.

Except as otherwise provided by this Act, wherever the term Native appears in any Act, regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, or other document as descriptive of any person, body, corporation, office, purpose, land, building, reserve, or place, that term shall, unless inconsistent with the context of the enactment or document, be hereafter read as the term Maori.

The Native Housing Act 1935 may hereafter be cited as the Maori Housing Act 1935.

The Short Title of—

shall be deemed to be amended by the substitution of the word “Maori” for the word “Native”, and each of those Acts may hereafter be cited accordingly.

Where the name of any court, office, Department, functionary, Board, or Corporation has been changed by this Act or by virtue of this Act,—

Nothing in the foregoing provisions of this Act shall apply to the Cook Islands Act 1915 or the Samoa Act 1921.

Words and expressions used in Parts 2, 3, and 4 shall, unless the contrary intention appears, have the same meaning as in the Maori Land Act 1931 (in those Parts referred to as the principal Act), and the provisions of the principal Act, so far as applicable, shall extend and apply to the cases hereinafter provided for by this Act in as full and ample a manner as if Parts 2, 3, and 4 had been incorporated with and formed part of the principal Act.

Amendment(s) incorporated in the Act(s).

Whereas the parcel of Maori land described in subsection (14) has been set aside for the purpose of a sports ground:

And whereas it is desired to make provision for the administration and management thereof:

Be it therefore enacted as follows:

The court shall have and be deemed to have had power to make an order vesting the land described in subsection (14) in trust for the purposes of a park and recreation ground in the persons named in the order as trustees.

The court may make an order incorporating the said trustees, and thereupon the trustees and their successors in office shall be deemed to be incorporated as a Board under the name of the “Tikitiki Memorial Park Board”.

The Board incorporated under this section shall have perpetual succession and a common seal, and may acquire and hold real and personal property of whatsoever nature, sue and be sued in all proceedings, criminal or civil, and do and suffer all that corporate bodies may do and suffer.

All property, real or personal, held by the Board shall be deemed to be vested in the Board upon and subject to all trusts, powers, and equities affecting the same.

With respect to the alienation of land to which this section relates the following provisions shall apply:

The court may from time to time, on the application of any person claiming to be interested, by order appoint a new trustee or trustees, either in substitution for, or in addition to, any existing trustees, and whether or not there is any existing trustee at the time of the making of the order.

All the powers and functions of the Board shall be exercised on its behalf by a majority of the trustees for the time being.

A contract made by the Board other than an alienation of land need not be under seal, but may be made in the same manner as the like contract made between individuals.

The Board may from time to time delegate any of its powers and functions (except the power to alienate land and the power of delegation contained in this subsection) to 1 or more committees consisting of such persons, whether trustees or not, as the Board may from time to time appoint.

All acts or deeds of any person acting bona fide as a trustee shall be valid notwithstanding any defect that may afterwards be found in his appointment, and the signature of any person purporting to act as a trustee shall be prima facie evidence of his being a trustee.

All land vested in the Board shall be held upon such trusts as the court shall from time to time by order determine.

All land vested in the Board shall, when so vested, be deemed to be Maori land within the meaning of the principal Act.

All land vested in the Board shall be exempt from the provisions of the Local Government (Rating) Act 2002 and shall not be liable to be rated thereunder.

The land referred to in subsection (1) is particularly described as follows:

All that land situated in Block VI, Waiapu Survey District, containing 15 acres 1 rood and 26 perches, more or less, called or known as Tikitiki A 20 (Matakupenga Sports Ground) Block, and being the whole of the land comprised in an order of the court on consolidation made on 8 November 1940.

The East Coast Commissioner appointed under Part 4 of the Maori Purposes Act 1931 is hereby authorised and empowered, and shall be deemed at all times since 30 June 1939 to have been authorised and empowered, to create and maintain, in the manner adopted by the Commissioner in accumulating moneys in the account known as the Bad Debts Reserves Account prior to that date, or in such other manner as the Minister may approve, a reserve fund, which shall hereafter be known as the General Reserve, and to add annually to the General Reserve such sum or sums as the Minister shall approve.

Not later than 31 October 1948 and not later than 31 October in each year thereafter, the East Coast Commissioner shall make application to the Chief Judge for an apportionment of the moneys accumulated in the General Reserve at the end of the immediately preceding financial year, and the Chief Judge shall as soon as may be after the receipt of the application appoint a special sitting of the Appellate Court at Gisborne to consider the application.

The Appellate Court is hereby authorised and empowered to make an order or orders requiring the East Coast Commissioner to transfer from the moneys accumulated in the General Reserve such sums as it thinks fit to the credit of such accounts as that court shall consider necessary for the purpose of adjusting or apportioning the rights and liabilities among the various blocks which now are or have at any time been vested in the said Commissioner.

If the Appellate Court, when dealing with an application under this section, is satisfied that the financial position in respect of any block or blocks of land vested in the East Coast Commissioner is such that any such block or blocks ought to be revested in the equitable owners thereof and that the revesting would not prejudicially affect the financial position in respect of any other land which may remain vested in the East Coast Commissioner, the said court may, notwithstanding anything to the contrary in any other enactment, make an order or orders revesting any such block or blocks in the beneficiaries ascertained by the Maori Land Court to be entitled thereto and, upon any such order taking effect, the East Coast Commissioner shall be discharged of his trust in respect of the block or blocks.

By the same or any subsequent order the Appellate Court shall apportion, as between the block of land affected by its order and any other blocks of land vested in the East Coast Commissioner, all rights, obligations, or liabilities arising from any lease, licence, mortgage, or charge or in any other manner whatsoever to which the said block so affected is subject at the date of the making of the order revesting the said block.

No order made under the provisions of subsections (4) or (5) shall have any force or effect unless and until the Minister has signified in writing his approval thereof.

Amendment(s) incorporated in the Act(s).