The objects of this Part are—

• (a) to provide for the cancellation of mana contracts:

• (b) to ensure that, where the Minister or a person acting on behalf of the Minister, has, for the purposes of the mana enterprises scheme, disbursed money to a mana authority (whether under a mana contract or not),—

  • (i) that money shall remain or become the property of that mana authority; and

  • (ii) every security taken by a mana authority in respect of money so disbursed that has, for the purposes of the mana enterprises scheme, been lent by that mana authority to any other person shall remain or become the property of that mana authority:

• (c) to make provision incidental to paragraphs (a) and (b).

In this Part, unless the context otherwise requires,—

(1) The Governor-General may from time to time, by Order in Council published in the Gazette, apply sections 5 to 7 to any mana authority specified in the Order in Council.

(2) Every Order in Council made under subsection (1) shall specify the date on which that Order in Council comes into force.

Where this section is applied to a mana authority by an Order in Council made under section 4(1), every mana contract to which that mana authority is a party shall be cancelled on the date on which that Order in Council comes into force.

(1) Where this section is applied to a mana authority by an Order in Council made under section 4(1),—

• (a) any money disbursed by the Minister, or any other person acting on behalf of the Crown, to that mana authority under a mana contract on terms requiring that mana authority to administer or hold the money as agent of the Crown shall be deemed to be and have become the absolute property of the mana authority from the date on which the money was so disbursed; and

• (b) any money disbursed by the Minister or any other person acting on behalf of the Crown to that mana authority pursuant to the mana enterprises scheme (not being money disbursed under a mana contract) shall be deemed to be and to have become the absolute property of that mana authority from the date on which the money was so disbursed; and

• (c) any property acquired or income or other gain derived directly or indirectly from the administration or holding by that mana authority of any money referred to in paragraph (a) or paragraph (b) shall be deemed to be the property or to be income or a gain of that mana authority; and

• (d) any loss suffered or liability incurred, whether directly or indirectly, by the Crown or by that mana authority either as an agent of the Crown under a mana contract or as a principal party from the administration or holding by that mana authority of money or property referred to in paragraph (a) or paragraph (b) or paragraph (c) shall be deemed to be a loss or liability of that mana authority and not of the Crown.

(2) This section shall apply notwithstanding anything contained in any mana contract or any other agreement or any enactment or any rule of law.

(1) Without limiting the generality of section 6, where this section is applied to a mana authority by an Order in Council made under section 4(1),—

• (a) all contracts, agreements, conveyances, deeds, leases, licences, and other instruments, undertakings, and notices (whether or not in writing) entered into by, made with, given to or by, or addressed to that mana authority, whether as, or purportedly as, an agent for the Crown or otherwise and whether entered into with, or made by, or given to or by, or addressed to that mana authority in the name of that mana authority or in the name of the Crown, before the day on which that Order in Council comes into force shall, to the extent that they were previously binding on and enforceable by, against, or in favour of the Crown, or that mana authority in its capacity as an agent or purported agent for the Crown or otherwise, be binding on and enforceable by, against, or in favour of that mana authority as fully and effectually as if that mana authority had been acting as a principal in its own right at the time when they were entered into, made, given, or addressed, as the case may be; and

• (b) any money owing by any person at any time under a loan transaction entered into by that mana authority shall be deemed from the date on which the money was advanced under that loan transaction to have been money owing to that mana authority, and any such money shall be deemed at all times from the date of commencement of the loan transaction until the date of final repayment or other extinguishment thereof to have been or to be owing to that mana authority as a principal party; and

• (c) any money received by that mana authority from a person under a loan transaction, whether by way of repayment of part or all of the principal amount of the loan, or the payment of any interest, penalty interest, or any other money payable thereunder shall be deemed to be or to have been, as the case may require, the absolute property of that mana authority, whether the repayment or payment occurs before, on, or after the day on which that Order in Council comes into force; and

• (d) any security held as security for a loan by that mana authority, whether as, or purportedly as, an agent for the Crown or otherwise, or by the Crown, whether any document or other writing in respect of that security is in the name of that mana authority, or in the name of the Crown,—

  • (i) shall be deemed always to have been taken by and given to that mana authority as a principal in its own right; and

  • (ii) shall be available to that mana authority as security for the discharge of the loan; and

  • (iii) where the security extends to future or prospective debts or liabilities to that mana authority acting as aforesaid or to the Crown, shall be available as security for the discharge of such debts or liabilities to that mana authority; and

• (e) any action, arbitration, proceeding, or cause of action which, immediately before the day on which that Order in Council comes into force, is pending or existing by, against, or in favour of the Crown, or that mana authority acting as agent for the Crown, may be prosecuted, and without the amendment of any writ, pleading, or other document, continued and enforced by, against, or in favour of the mana authority.

(2) This section shall apply notwithstanding anything contained in any mana contract, security, or other agreement, or in any enactment or rule of law.

Nothing effected or authorised by or pursuant to this Act and nothing done by the Crown or any mana authority pursuant to this Act (not being something effected or authorised by this Act)—

• (a) shall invalidate or discharge any loan transaction or security; or

• (b) shall release any surety wholly or in part from all or any of that surety's obligations; or

• (c) shall be regarded as giving rise to a right for any person to terminate or cancel any contract, arrangement, loan transaction, or security or to accelerate the performance of any obligation; or

• (d) shall be regarded as placing the Crown or any mana authority, or any other person, in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

• (e) shall be regarded as placing the Crown or any mana authority or any other person, in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information.

(1) No District Land Registrar, Registrar of the High Court, or any other person charged with the keeping of any books or registers shall be obliged solely by reason of the provisions of this Act to change the name of the Crown to that of a mana authority in those books or registers or in any document.

(2) The presentation to any such registrar or other person of any instrument—

• (a) executed or purporting to be executed by a mana authority that acted as the agent of the Crown at the time any transaction evidenced by the instrument was entered into; and

• (b) relating to any property that is subject to this Act; and

• (c) containing a recital that that property has been deemed to be and to always have been owned by that mana authority by virtue of the provisions of this Act—

shall, in the absence of proof to the contrary, be sufficient evidence that the property is owned by that mana authority.

For the purposes of the Inland Revenue Acts, where any money owing by any person under a loan and any amount repaid under that loan are deemed under this Act to be and to have become the property of a mana authority, that property shall be deemed to have been acquired by that mana authority for an amount of consideration equal to the sum of such money owing and such amounts repaid.

Notwithstanding anything in the Goods and Services Tax Act 1985, neither the Crown nor any mana authority nor any other person shall incur any liability for goods and services tax which would not have arisen but for the provisions of this Act.

Except as provided in section 9, nothing in this Act derogates from the provisions of the Land Transfer Act 1952.

This Part shall come into force on 1 July 1994.

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

Every arrangement entered into under section 87(2)(d) of the Maori Affairs Restructuring Act 1989 for the conduct of a Kokiri Centre, being an arrangement in force immediately before 1 July 1994, is hereby cancelled.

Any land, premises, furnishings, or equipment, acquired under section 87 of the Maori Affairs Restructuring Act 1989, may be sold, leased, or otherwise disposed of upon such terms and conditions as the chief executive of the Ministry of Maori Development thinks fit:

provided that no such land or premises shall be sold without the consent of the Minister of Maori Affairs.

Notwithstanding the repeal of section 87 of the Maori Affairs Restructuring Act 1989 by section 14, the chief executive of the Ministry of Maori Development may recover, after the commencement of this section, any charges imposed before the commencement of this section under section 87(4) of the Maori Affairs Restructuring Act 1989 and unpaid at the commencement of this section.