Tokelau Amendment Act 1967
Tokelau Amendment Act 1967
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Tokelau Amendment Act 1967
Reprint
as at 20 September 2007
Tokelau Amendment Act 1967
| Public Act | 1967 No 38 |
| Date of assent | 26 October 1967 |
Tokelau Amendment Act 1967: repealed, on 20 September 2007, by section 9(1) of the Tokelau Amendment Act 2007 (2007 No 84).
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Foreign Affairs and Trade.
Contents
2 Commencement [Repealed]
3 Interpretation [Repealed]
4 Appointment of employees [Repealed]
5 Exemptions [Repealed]
6 State Sector Act 1988 not applicable [Repealed]
7 Delegation of powers [Repealed]
8 Duties of Commission [Repealed]
9 Public Service Regulations [Repealed]
10 Payment of salary and allowances [Repealed]
12 Concurrent offices [Repealed]
15 Provisions as to existing employees [Repealed]
21 [Repealed]
An Act to amend the Tokelau Act 1948
The word
“Islands”
was omitted, as from 9 December 1976, from the Short Title of the Tokelau Act 1948 by section 2(2) Tokelau Amendment Act 1976 (1976 No 122).
1 Short Title
-
This Act may be cited as the Tokelau Amendment Act 1967, and shall be read together with and deemed part of the Tokelau Act 1948 (hereinafter referred to as the principal Act).
The word
“Islands”
was omitted, as from 9 December 1976, from the Short Titles of the Tokelau Act 1948 and the Tokelau Amendment Act 1967 by section 2(3) and section 2(2) respectively of the Tokelau Amendment Act 1976 (1976 No 122).
Part 1
The Tokelau Public Service
This heading was amended, as from 9 December 1976, by section 3(2)(a)(i) Tokelau Amendment Act 1976 (1976 No 122) by omitting the words
“Islands”
.
2 Commencement
-
[Repealed]
Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
3 Interpretation
-
[Repealed]
Commission: inserted, as from 22 July 1969, by section 5 Tokelau Amendment Act 1969 (1969 No 3).
Employee: amended, as from 9 December 1976, by section 3(2)(a)(ii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.New Zealand Controlling Authority: substituted, as from 1 April 1988 by section 87 State Sector Act 1988 (1988 No 20).
New Zealand Government Service: the reference to the Government Superannuation Fund Act 1956 was substituted, as from 1 November 1976, for a reference to the Superannuation Act 1956 pursuant to section 3(3) Government Superannuation Fund Amendment Act 1976 (1976 No 30).
Tokelau Public Service: amended, as from 9 December 1976, by section 3(2)(a)(ii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Tokelau Public Service: paragraph (a) was substituted, as from 31 October 1968, by section 8(1) Maori and Island Affairs Department Act 1968 (1968 No 14).
Tokelau Public Service: in paragraph (a) the words
“Minister of Foreign Affairs”
were substituted, as from 8 November 1974, for the words“Minister of Island Affairs”
pursuant to section 2(3)(a) Tokelau Amendment Act 1974 (1974 No 124).Tokelau Public Service: paragraph (b) was amended, as from 9 December 1976, by section 3(4)(a) Tokelau Amendment Act 1976 (1976 No 122) by substituting the word
“Tokelau”
for the words“the Tokelau Islands”
.Tokelau Public Service: the original paragraph (c) was substituted, as from 31 October 1968, by section 8(1) Maori and Island Affairs Department Act 1968 (1968 No 14).
Tokelau Public Service: in the former paragraph (c) the words
“Secretary of Foreign Affairs”
were substituted, as from 8 November 1974, for the words“Secretary of Island Affairs”
pursuant to section 2(3)(b) Tokelau Amendment Act 1974 (1974 No 124).Tokelau Public Service: paragraph (c) was further substituted, as from 1 July 1993, by section 6(1) Foreign Affairs Amendment Act 1993 (1993 No 48).
Tokelau Public Service: paragraph (d) was amended, as from 1 December 1975, by section 9(6)(a) Tokelau Amendment Act 1970 (1970 No 41) by omitting the word
“Fa'amasino”
. See clause 2 Tokelau Islands Amendment Act Commencement Order 1975 (SR 1975/261).Tokelau Public Service: paragraph (f) was inserted, as from 1 December 1975, by section 9(6)(b) Tokelau Amendment Act 1970 (1970 No 41). See clause 2 Tokelau Islands Amendment Act Commencement Order 1975 (SR 1975/261).
Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
4 Appointment of employees
-
[Repealed]
Subsections (1), (2) and (3) were amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
5 Exemptions
-
[Repealed]
Subsections (1) and (3) were amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
6 State Sector Act 1988 not applicable
-
[Repealed]
Section 6 was amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.The reference to the State Sector Act 1988 replaced, as from 1 April 1988, an earlier reference to the State Services Act 1962.
Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
7 Delegation of powers
-
[Repealed]
Subsection (1) was amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
8 Duties of Commission
-
[Repealed]
Subsections (1) and (3) were amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Subsection (3) was amended, as from 9 December 1976, by section 3(4)(b) Tokelau Amendment Act 1976 (1976 No 122) by substituting the word
“Tokelau”
for the words“the Tokelau Islands”
.Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
9 Public Service Regulations
-
[Repealed]
Subsections (1) and (2) were amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
10 Payment of salary and allowances
-
[Repealed]
Subsections (1) and (2) were amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
11 Bonds and deeds of covenant by employees or prospective employees
-
[Repealed]
Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
12 Concurrent offices
-
[Repealed]
Subsection (1) was amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Subsection (2) was inserted, as from 1 December 1986, by section 2 Tokelau Amendment Act 1980 (1980 No 147). See regulation 2 Tokelau Amendment Act Commencement Order 1986 (SR 1986/331).
Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
13 Employment in New Zealand Government Service and Tokelau Public Service
-
[Repealed]
Subsections (1) to (6), and (8) were amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
14 Contribution to Government Superannuation Fund by employees
-
[Repealed]
Subsection (1) was amended, as from 9 December 1976, by section 3(3)(a) Tokelau Amendment Act 1976 (1976 No 122) by substituting the words
“the Tokelau Public Service”
for the words“the Tokelau Islands Public Service”
.Subsection (1) was further amended, as from 9 December 1976, by section 3(3)(b) Tokelau Amendment Act 1976 (1976 No 122) by substituting the words
“service in Tokelau”
for the words“service in the Tokelau Islands”
.Subsection (1) was further amended, as from 9 December 1976, by section 3(3)(c) Tokelau Amendment Act 1976 (1976 No 122) by substituting the words
“residence in Tokelau”
for the words“residence in the Tokelau Islands”
.In subsection (1) the reference to the Government Superannuation Fund Act 1956 was substituted, as from 1 November 1976, for a reference to the Superannuation Act 1956 pursuant to section 3(3) Government Superannuation Fund Amendment Act 1976 (1976 No 30).
Subsections (2) and (3) were amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.In subsection (3) the reference to the Government Superannuation Fund Act 1956 was substituted, as from 1 November 1976, for a reference to the Superannuation Act 1956 pursuant to section 3(3) Government Superannuation Fund Amendment Act 1976 (1976 No 30).
Subsection (4) was amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Subsection (4A) was inserted, as from 22 July 1969, by section 6 Tokelau Amendment Act 1969 (1969 No 3).
In subsection (4A) the reference to the Government Superannuation Fund Act 1956 was substituted, as from 1 November 1976, for a reference to the Superannuation Act 1956 pursuant to section 3(3) Government Superannuation Fund Amendment Act 1976 (1976 No 30).
Subsection (5)(a) was amended, as from 9 December 1976, by section 3(4)(b) Tokelau Amendment Act 1976 (1976 No 122) by substituting the word
“Tokelau”
for the words“the Tokelau Islands”
.Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
15 Provisions as to existing employees
-
[Repealed]
Section 15 was amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
16 Consequential amendments to Government Superannuation Fund Act 1956
-
[Repealed]
(1)
(2) [Repealed]
(3) [Repealed]
(4) All payments made to the Government Superannuation Board after the commencement of the principal Act and before the commencement of this Part of this Act by persons in the employ of the Tokelau Administration by way of contributions for superannuation purposes shall be deemed to have been validly made and received, and those payments shall be deemed to be superannuation contributions for the purposes of the Government Superannuation Fund Act 1956, and the periods in respect of which those payments were made shall be deemed to be contributory service for the purposes of that Act.
Subsection (1)(a) was repealed, as from 1 July 2001, by section 5(2) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
Subsection (4) was amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.The reference to the Government Superannuation Fund Act 1956 was substituted, as from 1 November 1976, pursuant to section 3(3) Government Superannuation Fund Amendment Act 1976 (1976 No 20).
Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
17 Repeals
-
[Repealed]
Sections 2 to 15, 16(2), 16(3), and 17 were repealed, as from 1 July 2001, by section 3(1)(a) Tokelau Amendment Act 1999 (1999 No 49). See section 3(4) and (5) of that Act as to the savings provisions. See the Tokelau (Employer for Tokelau Public Service) Order 2001 (SR 2001/98), which had the effect of bringing sections 3 to 5 of the Amendment Act into force.
Part 2
Land
18 Interpretation
-
(1) In this Part of this Act, unless the context otherwise requires,—
Customary title means title to land in accordance with the customs and usages of the Tokelauan inhabitants of Tokelau
Public purposes includes public health, education, public recreation, the burial of the dead, water supply, drainage, lighting, the provision of public buildings, the provision of sites for townships, the provision of wharves and harbours, the provision of radio transmitters, and all lawful purposes and functions of the Tokelau Administration
Public purposes: this definition was amended, as from 9 December 1976, by section 2(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Tokelauan means a person belonging to the Polynesian race of Tokelau; and includes a person descended from a Tokelauan
Tokelauan land means land vested in the Crown but held by the inhabitants of Tokelau by customary title, and not by grant from the Crown.
(2) Any land in Tokelau which at the commencement of the principal Act was owned in fee simple by any person other than the Crown shall for the purposes of this Part of this Act be deemed to be held in fee simple by grant from the Crown, and accordingly shall be deemed not to be Tokelauan land for the purposes of this Part of this Act.
Subsections (1) and (2) were amended, as from 9 December 1976, by section 3(4)(b) Tokelau Amendment Act 1976 (1976 No 122) by substituting the word
“Tokelau”
for the words“the Tokelau Islands”
.
19 Designation of land
-
Subject to the provisions of this Part of this Act, all land in Tokelau is hereby declared to be Tokelauan land.
Section 19 was amended, as from 9 December 1976, by section 3(4)(b) Tokelau Amendment Act 1976 (1976 No 122) by substituting the word
“Tokelau”
for the words“the Tokelau Islands”
.
20 All land in Tokelau (with certain exceptions) vested in Crown, subject to customary title
-
(1) Subject to the provisions of this Part of this Act, all land in Tokelau (not being land to which subsection (2) of section 18 or section 21 of this Act applies) is hereby declared to be vested in the Crown as the trustee of the beneficial owners thereof, and shall be held by the Crown subject to the customary title, and all such land is hereby declared to be Tokelauan land accordingly, but shall remain subject to any rights which may have been lawfully acquired in respect thereof before the passing of this Act otherwise than in accordance with the customs and usages of the Tokelauan inhabitants of Tokelau.
(2) Subject to the provisions of this Part of this Act, the beneficial ownership of Tokelauan land shall be determined in accordance with the customs and usages of the Tokelauan inhabitants of Tokelau.
Subsections (1) and (2) were amended, as from 9 December 1976, by section 3(4)(b) Tokelau Amendment Act 1976 (1976 No 122) by substituting the word
“Tokelau”
for the words“the Tokelau Islands”
.
21
-
[Repealed]
Section 21 was repealed, as from 10 December 1976, by section 9 Tokelau (Territorial Sea and Fishing Zone) Act 1976 (1976 No 40).
22 Control of Crown land by Administrator
-
The Administrator of Tokelau may exercise on behalf of the Crown all rights of suit, entry, re-entry, receipt of rents and profits, use, management, control, and possession vested in the Crown in respect of any land in Tokelau.
Section 22 was amended, as from 9 December 1976, by section 3(4)(b) Tokelau Amendment Act 1976 (1976 No 122) by substituting the word
“Tokelau”
for the words“the Tokelau Islands”
.
23 Saving of existing interests in Tokelauan land
Where at the passing of this Act any Tokelauan land is subject to any valid and subsisting leasehold or other interest vested in any person or body corporate otherwise than by way of customary title, that leasehold or other interest shall be deemed to be held by grant from the Crown.
24 Taking of land for public purposes
-
(1) The Minister of Foreign Affairs may from time to time by Warrant, take any land in Tokelau for any public purpose specified in the warrant, and it shall thereupon become absolutely vested in the Crown as from the date of the warrant, or from any later date specified therein in that behalf, free from all estates, rights, and interests of any other person therein, save so far as any such estates, rights, or interests are expressly saved by the warrant.
(2) When any land has been so taken for a public purpose, all persons having in respect of that land any right, title, estate, or interest which is extinguished or divested by the taking of the land, shall be entitled to compensation therefor from the Crown.
(3) The Administrator of Tokelau shall, within 90 days after the date on which any land so taken has vested in the Crown, offer to the persons entitled to share in the compensation such sum by way of compensation as the Administrator thinks fit.
(3A) Where all the persons entitled to share in the compensation offered under subsection (3) of this section do not, within 60 days after the offer has been communicated to them, accept the sum offered, the compensation shall be assessed and awarded by an arbitrator appointed by agreement between the Administrator and those persons, or, if no agreement can be reached, by 2 arbitrators, one to be appointed by each of the Administrator and those persons, together with an umpire appointed by the 2 arbitrators.
(4) Any compensation so awarded to any person shall constitute a debt due to him by the Crown, and shall be paid from the Tokelau Administration Account out of money appropriated by Parliament.
(5) Any lease, easement, or other limited right, title, estate, or interest in any land may be taken by the Minister, by Warrant, for any public purpose, and compensation in respect thereof shall be payable in the same manner as in the case of land taken under the foregoing provisions of this section.
Section 24 was amended, as from 22 July 1969, by section 7(a) Tokelau Amendment Act 1969 (1969 No 3) by substituting the words
“The Minister of Island Affairs may from time to time, by Warrant”
for the words“The Governor-General may from time to time, by Order in Council”
.Subsection (1) was further amended, as from 22 July 1969, by section 7(b) Tokelau Amendment Act 1969 (1969 No 3) by substituting the words
“the warrant”
for the words“the order”
.In subsection (1) the words
“The Minister of Foreign Affairs”
were substituted, as from 8 November 1974, for the words“The Minister of Island Affairs”
pursuant to section 2(3)(a) Tokelau Amendment Act 1974 (1974 No 124).Subsections (1) and the original subsection (3) were amended, as from 9 December 1976, by section 3(4)(b) Tokelau Amendment Act 1976 (1976 No 122) by substituting the word
“Tokelau”
for the words“the Tokelau Islands”
.Subsection (3) was substituted and subsection (3A) was inserted, as from 1 August 1986, by section 21 Tokelau Amendment Act 1986 (1986 No 31).
Subsection (4) was amended, as from 9 December 1976, by section 3(2)(a)(iii) Tokelau Amendment Act 1976 (1976 No 122) by omitting the word
“Islands”
.Subsection (5) was amended, as from 22 July 1969, by section 7(c) Tokelau Amendment Act 1969 (1969 No 3) by substituting the words
“the Minister, by Warrant”
for the words“Order in Council”
.
25 Alienation of land by Tokelauans
-
(1) Save so far as may be otherwise provided by regulations made under the principal Act, it shall not be lawful or competent for a Tokelauan to make any alienation or disposition of Tokelauan land, or of any interest in Tokelauan land, whether by way of sale, lease, licence, mortgage, or otherwise howsoever, other than an alienation or disposition in favour of the Crown, nor shall Tokelauan land or any interest therein be capable of being taken in execution or be assets for the payment of the debts of a Tokelauan on his death or insolvency.
(2) For the purposes of this section, a contract of sale of crops, timber, minerals, or other valuable thing attached to or forming part of any Tokelauan land shall be deemed to be a contract for the alienation of an interest in the land, unless the thing so sold or agreed to be sold has been severed from the land before the making of the contract.
(3) For the purposes of this section, all rent and other money receivable by a Tokelauan in respect of his interest in any Tokelauan land shall be deemed to be an interest in the land.
(4) The Administrator of Tokelau may, in the name of Her Majesty, grant a lease of any Tokelauan land for a period not exceeding 40 years, and on such terms as he thinks fit, if he is satisfied that the grant of such a lease is in accordance with the desires and interests of the owners of the land and with the public interest, and he may on the like conditions accept a surrender of any lease so granted by him.
(5) Every such lease shall operate as if it were a lease of Crown land, but the rents or other revenue derived therefrom shall be received by the Crown in trust for the owners of the land.
(6) Nothing in this section shall affect the power of Tokelauans to dispose of Tokelauan land amongst themselves according to the customs and usages of the Tokelauan inhabitants of Tokelau.
Subsections (4) and (6) were amended, as from 9 December 1976, by section 3(4)(b) Tokelau Amendment Act 1976 (1976 No 122) by substituting the word
“Tokelau”
for the words“the Tokelau Islands”
.
25A Restriction on alienation of certain land
-
It shall not be lawful or competent for any person who is the owner of any land to which section 18(2) of this Act applies to make any alienation or disposition of that land, or of any interest in that land, whether by way of sale, lease, licence, mortgage, or otherwise howsoever, other than an alienation or disposition in favour of a Tokelauan, or the Crown.
Section 25A was inserted, as from 1 August 1986, by section 22 Tokelau Amendment Act 1986 (1986 No 31).
26 Certain Gilbert and Ellice Islands Ordinances not to apply to Tokelau
-
(1) The following Ordinances of the Gilbert and Ellice Islands Colony shall after the passing of this Act cease to have effect as part of the law of Tokelau:
(a) The Native Lands Ordinance 1917:
(b) The Native Lands Amendment Ordinance 1919:
(c) The Gilbert and Ellice Native Lands Ordinance 1922:
(d) The Native Lands (Amendment) Ordinance 1935.
(2) The provisions of sections 20, 20A, and 21 of the Acts Interpretation Act 1924 shall apply with respect to the Ordinances specified in subsection (1) of this section as if they were Acts of the Parliament of New Zealand that had been repealed by that subsection.
Subsection (1) was amended, as from 9 December 1976, by section 3(4)(b) Tokelau Amendment Act 1976 (1976 No 122) by substituting the word
“Tokelau”
for the words“the Tokelau Islands”
.
Contents
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
Notes
1 General
This is an eprint of the Tokelau Amendment Act 1967. It incorporates all the amendments to the Tokelau Amendment Act 1967 as at 20 September 2007. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.
2 About this eprint
This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.
3 List of amendments incorporated in this eprint
(most recent first)
Tokelau Amendment Act 2007 (2007 No 84): section 9(1)
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Tokelau Amendment Act 1967
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