This Part shall be read together with and deemed part of Part 4 of the Maori Purposes Act 1931.

In this Part, unless the context otherwise requires—

(1) There is hereby established, as one of the separate trust estates administered by the Commissioner, a trust estate to be known as the Mangaotane Trust Estate.

(2) The Mangaotane Trust Estate shall be deemed, for the purposes of this Part, to have been established on 10 September 1951.

(3) The assets of the Mangaotane Trust Estate shall be deemed to be the assets, comprising the freehold lands and all improvements thereon, the livestock on hand, and the plant, machinery, and furniture, as shown on 30 June 1951 in the account known as the Mangatu 5 and 6 Account.

(4) As soon as practicable after the passing of this Act, the Commissioner shall—

• (a) transfer to an account established by him in respect of the Mangaotane Trust Estate, to be known as the Mangaotane Trust Estate Account, the assets referred to in subsection (3):

• (b) borrow, upon the security of the assets of the Mangaotane Trust Estate, or such of them as may reasonably be required as security therefor, the principal sum of 11,570 pounds for such term and at such rate of interest and upon such conditions generally as shall be agreed upon between the Commissioner and the lender:

• (c) establish in the books of account kept by him in accordance with Part 4 of the Maori Purposes Act 1931 relating to the property vested in him under that Part an account to be known as the Compensation Fund Account to which shall be transferred or paid—

  • (i) all moneys standing to the credit, on 30 June 1951, of the account established by the Commissioner known as the Special Reserve:

  • (ii) the sum of 11,570 pounds borrowed in accordance with the provisions of paragraph (b):

  • (iii) so much of the moneys standing to the credit of the account established by the Commissioner known as the General Reserve as may be necessary to bring the amount in the Compensation Fund Account to the sum of 59,505 pounds.

(5) The value of the assets of the Mangaotane Trust Estate transferred pursuant to paragraph (a) of subsection (4) shall, for the purposes of this Part, be deemed to be 64,708 pounds.

(6) The amount to be transferred to the Compensation Fund Account from the General Reserve pursuant to paragraph (c) of subsection (4) may be transferred, without complying with the provisions of section 50 of the Maori Purposes Act 1947, in 1 sum or in several sums from time to time as may be required.

(7) Notwithstanding anything contained in section 47 of the Maori Trustee Act 1930, the Maori Trustee is hereby authorised and empowered to invest the sum of 11,570 pounds upon the security referred to in paragraph (b) of subsection (4) of this section.

(1) The Mangaotane Trust Estate shall be liable, as from 30 June 1951, for the payment of all rates, taxes, and other outgoings and of usual working and running expenses in relation to the management, farming, and working of the land comprised in the estate.

(2) The Mangaotane Trust Estate shall be entitled to the proceeds of all sales of stock or other produce made on or after 1 July 1951; but shall not be entitled to any wool or other produce shown as unrealised, as on 30 June 1951, in the account known as the Mangatu 5 and 6 Account or the proceeds thereof, nor to any moneys held in any Wool Retention Account in respect of wool clipped prior to 1 July 1951.

(1) The Commissioner shall hold the assets of the Mangaotane Trust Estate, subject to the charge created pursuant to paragraph (b) of subsection (4) of section 12, in trust for the persons, to be determined in manner hereinafter provided, who would have been on 10 September 1951 the owners, according to Maori custom and usage, of the blocks of land referred to in the first column of Part 1 of Schedule 1 if those blocks of land had continued to be Maori customary land and had not been sold, and in the shares allocated to those persons in accordance with the provisions of section 17.

(2) The Commissioner shall hold the Compensation Fund in trust to pay the moneys therein to the persons, to be determined in manner hereinafter provided, who would have been on 10 September 1951 the owners, according to Maori custom and usage, of the blocks of land referred to in the first column of Part 2 of Schedule 1 if those blocks of land had continued to be Maori customary land and had not been sold.

(3) The amount payable from the Compensation Fund to the persons who would have been the owners as aforesaid of each such block of land shall be the amount set out in the second column of Part 2 of Schedule 1 opposite the description of that block, and the relative share or interest of each of those persons in that amount shall be the relative share or interest of that person in the land of which he is determined to be an owner in accordance with the provisions of this Part.

(4) The persons whose ownership as on 10 September 1951 of each block of land referred to in subsection (1) or subsection (2) is determined in accordance with this Part, are hereinafter in this Part, unless the context otherwise requires, referred to as the owners of that block of land.

(1) The Commissioner shall cause to be made, in respect of each block of land referred to in section 14, an application to the court to determine who are the persons who would have been the owners thereof as aforesaid, in accordance with Maori custom and usage, on 10 September 1951 and to determine what would have been their relative shares or interests in the land.

(2) The duty of prosecuting any such application shall be upon the persons claiming to be interested as owners of the land to which the application relates.

(1) In hearing and determining any such application the court shall, subject to the provisions of this Part, proceed as nearly as may be as if it were exercising jurisdiction under Part 4 of the Maori Land Act 1931, and as if the land to which the application relates were Maori customary land; and the provisions of that Part shall, as far as they are applicable, and with the necessary modifications, apply accordingly:

provided that nothing in this section shall be deemed to authorise the court to make a freehold order in respect of any land or any other order in derogation of the existing title to that land.

(2) In the exercise of the jurisdiction conferred by this section, the court shall be bound by any former determination of the court or the Maori Appellate Court so far as that determination relates to the ascertainment of the owners of the land mentioned in the application or to the ascertainment of the relative shares or interests of the owners in that land.

(1) When the orders made by the court under section 16 in respect of the blocks of land described in the first column of Part 1 of Schedule 1 have all matured within the meaning of section 44 of the Maori Land Act 1931, the court shall make an order in respect of the Mangaotane Trust Estate, setting forth the names of the persons who, in accordance with the court's determination, are the owners of those lands and shall set out in the order the number of shares allocated to each such person in the Mangaotane Trust Estate in accordance with the provisions of subsection (2) of this section.

(2) The following provisions shall apply in respect of the allocation of shares in the Mangaotane Trust Estate:

• (a) the total number of shares to be allocated shall be 53 138 equal shares (representing the value of the assets referred to in subsection (3) of section 12 reduced by the amount of the moneys authorised by paragraph (b) of subsection (4) of that section to be borrowed and charged against those assets):

• (b) the aggregate number of shares to be allocated to the owners of each block of land referred to in the first column of Part 1 of Schedule 1 shall be the number of shares set out in the second column of that Part opposite the description of that block:

• (c) the number of shares allocated to each such owner shall, subject to the provisions of paragraph (d), accord with his relative share or interest in the block of land of which he has, in accordance with the provisions of this Part, been determined to be a part owner:

• (d) in allocating shares, the court shall, so far as it is practicable so to do, adjust the shares in such a way as to avoid the allocation of a fractional part of a share to any person, and so that the aggregate shares awarded shall be 53 138 equal shares.

(3) No appeal shall lie to the Maori Appellate Court from the order made by the court under this section.

(1) With respect to the several trust estates vested in the Commissioner the following provisions shall apply:

• (a) the several separate trust estates vested in the Commissioner are hereby declared to be those estates which are referred to in Part 3 of Schedule 1:

• (b) all the real and personal property which, on the commencement of this Act, is vested in the Commissioner (other than the office premises of the Commissioner and any other common property), shall be held by the Commissioner on behalf of the several separate trust estates according as that property is, on the commencement of this Act, so recorded in the books and accounts of the Commissioner and as it will be so recorded, in accordance with the provisions of this Part, in relation to the Mangaotane Trust Estate:

• (c) all livestock which, on the commencement of this Act, is depastured on the land comprised in any separate trust estate and charged thereto in the books and accounts of the Commissioner, and all plant, machinery, and furniture on and charged in manner aforesaid to the separate trust estate shall be and shall at all times be deemed to have been held by the Commissioner on behalf of that separate trust estate, subject, in respect of the Mangaotane Trust Estate, to the provisions of this Part:

• (d) all land or interests in land acquired by the Commissioner (other than the land comprised in the site of the office premises of the Commissioner) shall be, and shall be deemed as from the date of the acquisition thereof to have been, held by the Commissioner on behalf of the separate trust estate to which the costs of acquisition have been charged and shall be deemed to be a part of that separate trust estate.

(2) Nothing in subsection (1) shall be so construed as to prevent the Commissioner from making any entry in his books and accounts for the purpose of remedying any mistake, error, or omission therein.

The Commissioner shall hold all the real and personal property vested in him, other than the real or personal property which, in accordance with the provisions of section 20, is held by the Commissioner on behalf of the several separate trust estates, as assets of the account established by the Commissioner and known as the General Reserve, and the proceeds of the realisation of any such property so held by the Commissioner, after the deduction therefrom of the costs of any such realisation, shall be added to and form part of the moneys in the General Reserve.

(1) From the moneys lying to the credit of the General Reserve after the moneys required by section 12 to be transferred to the Compensation Fund have been so transferred, there shall be paid the costs, charges, and expenses of all parties appearing in the proceedings in respect of which the agreement was entered into and the costs, charges, and expenses of all parties incurred in effecting the settlement which is witnessed by the agreement and in doing all things in relation to the settlement and the agreement up till the commencement of this Act:

provided that, if no moneys remain in the General Reserve, or if the moneys so remaining are insufficient for the said purposes, the Commissioner shall pay the whole or the remaining portion of the costs, charges, and expenses from his general account as administration costs.

(2) Any sum paid by the Commissioner from his general account pursuant to the provisions of subsection (1), or any part of any such sum, may be charged to such other account or accounts of any trust estate or trust estates under his administration as the Commissioner, with the approval of the Council, shall decide.

Subject to the provisions of this Part, the moneys in the General Reserve may from time to time be disposed of by transfer to the accounts of such of the separate trust estates (other than the Mangaotane Trust Estate) as the Commissioner, with the approval of the Council, shall decide; or the Commissioner, may, with the like approval, apply any such moneys or any part or parts of any such moneys in the discharge or writing off, whether wholly or in part, of any loss or losses on any undertaking and of any debt or debts to the Commissioner which in his opinion should not be charged, wholly or in part, to 1 or more of the several separate trust estates, and may dispose of the balance of any such moneys by transfer as aforesaid.

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

(2) This section shall be deemed to have come into force on 30 June 1951.

(1) The provisions of this Part shall be deemed to be a full and final settlement and discharge of all claims, rights, and liabilities referred to in paragraph 21 of the agreement and, except as provided by this Part, no action or other proceeding shall be commenced in any court in relation to any of those claims, rights, and liabilities.

(2) The agreement shall be deemed to have been made by and with the authority of the persons who, or whose rights, are thereby affected, and the agreement shall, subject to the provisions of this Part, be binding on all such persons and shall have effect as if the same were an order of the Supreme Court.

The provisions of this Part shall have effect notwithstanding any judgment, order, or decree of the Validation Court.

Whereas the land known as Mayor Island or Tuhua, situated in the Bay of Plenty, is Maori land, and certain undivided interests in the land have been acquired by His Majesty the King:

And whereas it is desirable that provision should be made for the proper control of the said land:

And whereas the Maori Land Court, on 10 November 1949, made an order pursuant to section 8 of the Maori Purposes Act 1943 vesting the said land in certain trustees upon the trusts declared by the court pursuant to the said order:

And whereas doubts have been raised as to the validity of certain provisions of the said order:

Be it therefore enacted as follows:

(1) Notwithstanding anything in section 8 of the Maori Purposes Act 1943, or in any other enactment, the order made by the Maori Land Court pursuant to the said section on 10 November 1949 affecting the land known as Mayor Island or Tuhua, situated in the Bay of Plenty, is hereby validated and shall be as valid and effectual for all purposes as if the court had had full power and jurisdiction to make the said order.

(2) Any instrument required to be executed in writing by the trustees appointed pursuant to the said order shall be deemed to be validly executed if the said instrument is signed by 4 of the said trustees and the secretary to the trustees.

(3) The District Land Registrar for the Land Registration District of Auckland is hereby authorised and directed to make all such entries in the register as may be necessary to give effect to this section.

(1) There is hereby conferred upon the Court of Appeal jurisdiction to determine the following questions:

• (a) whether immediately prior to the passing of section 14 of the Coal Mines Act Amendment Act 1903, the soil of the bed of the Wanganui River between the tidal limit at Raorikia and the junction of the Wanganui and Whakapapa Rivers above Taumarunui was held by Maoris under their customs and usages, or what (if any) other rights in the said river bed were then possessed by Maoris:

• (b) to what Maori or Maoris, hapu, tribe, or other group or classes of Maoris (if any) did the said river bed or the said rights then belong.

(2) For the purposes of and in order to assist in any determination under this section the proceedings in an action brought in the Supreme Court at Wellington by His Majesty the King on 27 January 1948 against David Gordon Bruce Morison of Wellington, Chief Judge of the Maori Land Court, and one Titi Tihu of Taumarunui, a Maori, shall be deemed, as from the date of the passing of this Act, to have been removed into the Court of Appeal as if no judgment had been given and so that the evidence adduced before the Supreme Court in that action may be available for the determination of the questions referred to in subsection (1) in the same manner as if the said section 14 of the Coal Mines Act Amendment Act 1903 had not been passed.

(3) The Court of Appeal may receive in evidence in the proceedings before it under this section the record of the evidence in the Maori Land Court upon an application made on or about 24 February 1938 by the said Titi Tihu on behalf of himself and others for an investigation of the title to a certain part of the Wanganui River and its bed, alleging the same to be Maori customary land.

(4) The Court of Appeal may also receive in evidence in the said proceedings the record of the evidence given before the Royal Commission appointed on 25 January 1950 to inquire into and report upon claims made by certain Maoris in respect of the Wanganui River.

(5) The Court of Appeal may also receive in the said proceedings such further evidence as it shall think fit and for that purpose may make such orders as may seem to it to be desirable for the taking of any such evidence, either orally before itself, or before any Registrar of the Supreme Court, or by affidavit.

(6) The Court of Appeal may make such orders regarding the procedure in the said proceedings as it shall think to be calculated to assist it in the determination of the matters referred to in subsection (1).

(7) Any party to any proceedings under this section shall have a right of appeal to His Majesty in Council from the judgment of the Court of Appeal in the said proceedings upon compliance with the rules governing appeals from the Court of Appeal to His Majesty in Council.

In addition to the powers conferred upon them by section 17 of the Maori Purposes Act 1943, section 16 of the Maori Purposes Act 1946, and section 19 of the Maori Purposes Act 1948, the trustees in the estate of Pukepuke Tangiora, deceased, notwithstanding any of the provisions in the said enactments or in the will of the said deceased, may, to the extent of that person's interest in the fund referred to in the said will as the accumulated fund, expend, on behalf of any person presumptively entitled to a share of the said accumulated fund, any moneys in the fund or the income arising from the investment thereof for all or any of the following purposes, that is to say:

• (a) the purchase of furnishings, equipment, chattels, or effects for use in his or her home:

• (b) the provision of necessary clothing and other apparel, school books, and utensils and the payment of school fees, charges for board and lodging, and all other charges incidental to the education of his or her children:

• (c) the payment of a sum not exceeding 600 pounds for the purchase of furniture, furnishings, equipment, chattels, or effects for use in the home of Peti Mohi, the widow of Te Akonga Mohi:

• (d) for any purpose not hereinbefore provided and approved in that behalf by the Maori Land Court.

Notwithstanding anything in the Otaki and Porirua Trusts Act 1943, the Otaki and Porirua Trusts Board is hereby authorised and empowered to make, from time to time, such grants as it thinks fit towards the upkeep and preservation of the Maori church building known as “Rangiatea”, situated in the Borough of Otaki.