Skip to main content
Act Repealed Latest version as at 24 June 1996 (as enacted) | 1996 No 35

Te Ture Whenua Maori Amendment Maori Land Amendment Act 1996

Checking for related legislation...
Download
Section view
Section view
Act Repealed Latest version as at 24 June 1996 (as enacted) | 1996 No 35

Te Ture Whenua Maori Amendment Maori Land Amendment Act 1996

Checking for alerts...

1 Short Title

(1)

This Act may be cited as—

(a)

Te Ture Whenua Maori Amendment Act 1996; or

(b)

The Maori Land Amendment Act 1996.

(2)

This Act shall be read together with and deemed part of Te Ture Whenua Maori Act 1993 (hereinafter referred to as the principal Act).

2 Orders affecting title to Maori freehold land to be registered

(1)

Section 123(1) of the principal Act is hereby amended by inserting, before the words “Every order to which this Part of this Act applies”, the words “Subject to subsection (7a) of this section,”.

(2)

Section 123 of the principal Act is hereby amended by inserting, after subsection (7), the following subsection:

“(7a)

Where an order to which this Part of this Act applies has not been registered in accordance with subsection (1) of this section, the registration of that order against the title to the land may, if its effect has been incorporated into a consolidated order made under section 128 of this Act, be effected by registering the consolidated order against the title to the land; and subsections (2) to (4) of this section shall, with all necessary modifications, apply in relation to the registration of the consolidated order.”

3 Manner of alienation of interests in Maori freehold land

(1)

Section 150 of the principal Act (as amended by section 6 of Te Ture Whenua Maori Amendment Act (No. 2)1993) is hereby amended by repealing subsections (4) and (5), and substituting the following subsections:

“(4)

Nothing in subsection (3) of this section applies in relation to an alienation (other than by way of sale or gift) of any interest in Maori freehold land if that alienation—

“(a)

Is effected—

“(i)

By a Maori incorporation; or

“(ii)

By the trustees of any trust constituted under Part XII of this Act; or

“(b)

Is effected by way of—

“(i)

The assignment of a lease of an interest in Maori freehold land (being Maori freehold land owned by a Maori incorporation or the trustees of any trust constituted under Part XII of this Act); or

“(ii)

The granting of a sublease of an interest in Maori freehold land of the kind described in subparagraph (i) of this paragraph; or

“(iii)

The granting of a mortgage of a lease or sublease of an interest in Maori freehold land of the kind described in subparagraph (i) of this paragraph.

“(5)

Notwithstanding sections 228(3) and 254(2) of this Act, nothing in subsection (3) of this section applies in relation to an alienation that is the granting, renewal, variation, transfer, assignment, or mortgage of a forestry right (within the meaning of section 2 of the Forestry Rights Registration Act 1983) over or in respect of Maori freehold land (being Maori freehold land owned by a Maori incorporation or the trustees of any trust constituted under Part XII of this Act).”

(2)

Section 6 of Te Ture Whenua Maori Amendment Act (No. 2) 1993 is hereby consequentially repealed.

4 Certain instruments require only certificate of confirmation by Registrar

Section 160(1) of the principal Act is hereby amended by repealing paragraph (ba) (as enacted by section 8(1) of Te Ture Whenua Maori Amendment Act 1994), and substituting the following paragraph:

“(ba)

An instrument of alienation by way of renewal, variation, assignment, or transfer of a lease, sublease, licence, or forestry right (within the meaning of section 2 of the Forestry Rights Registration Act 1983):”.

5 Certain instruments require only noting by Registrar

Section 161 of the principal Act is hereby amended by omitting from subsection (3) (as added by section 9 of Te Ture Whenua Maori Amendment Act 1994) the word “mortgagor”, and substituting the word “mortgagee”.

6 Application of provisions of Part XI

(1)

The principal Act is hereby amended, as from its commencement, by repealing section 193, and substituting the following section:

“193

“(1)

Nothing in sections 195 to 199 of this Act shall apply in respect or any lease of land while that land is vested in trustees under Part XII of this Act or in a Maori incorporation (whether the vesting took place before or after the commencement of this Act).

“(2)

Where a special valuation is made under section 207 of this Act of any land that is vested in trustees under Part XII of this Act or in a Maori incorporation (not being a special valuation made at the request of the Maori Trustee), section 208 of this Act shall have effect as if—

“(a)

Subsection (1) of that section did not require the certificate in relation to that valuation to be served on the Maori Trustee but required instead that the Valuer-General serve that certificate on those trustees or on that Maori incorporation, as the case may require; and

“(b)

Subsection (2) of that section did not impose any obligations on the Maori Trustee in relation to the service of copies of the certificate in relation to that valuation but required instead that those trustees or that Maori incorporation, as the case may require, serve a copy of that certificate on the lessee; and

“(c)

Subsection (6) of that section did not require the Registrar of the Court to give to the Maori Trustee notice of the filing by the lessee of any objection to that valuation but required instead that the Registrar of the Court give to those trustees or that Maori incorporation, as the case may require, notice of the filing by the lessee of any such objection.

“(3)

Where section 209 of this Act applies in respect of any lease of any land while that land is vested in trustees under Part XII of this Act or in a Maori incorporation (whether that vesting took place before or after the commencement of this Act), that section shall, with any necessary modifications, apply in relation to that lease as if every reference in that section to the Maori Trustee were in each case a reference to those trustees or that Maori incorporation, as the case may require.

“(4)

Section 50 of the Maori Trustee Act 1953 shall be read subject to the provisions of this Part of this Act.”

(2)

Te Ture Whenua Maori Amendment Act (No. 2) 1993 is hereby consequentially amended as from its commencement by repealing section 9.

7 Incorporation’s powers of alienation

Section 254(1) of the principal Act is hereby amended by repealing paragraph (a), and substituting the following paragraph:

“(a)

A Maori incorporation may—

“(i)

Transfer any Maori freehold land vested in it; or

“(ii)

Grant, in respect of any Maori freehold land vested in it, a lease, licence, or forestry right (within the meaning of section 2 of the Forestry Rights Registration Act 1983) for a term of more than 21 years—

only pursuant to a special resolution authorising the transfer or the grant; and”.

8 Certain instruments require noting by Registrar

(1)

Section 255(a) of the principal Act is hereby amended, as from its commencement, by omitting the words “this Part”, and substituting the words “Part VIII”.

(2)

Section 255(b) of the principal Act is hereby amended by repealing subparagraph (i), and substituting the following subparagraph:

“(i)

A lease, licence, or forestry right (within the meaning of section 2 of the Forestry Rights Registration Act 1983) for a term of more than 21 years; or”.

This Act is administered in Te Puni Kokiri.
Act Repealed Latest version as at 24 June 1996 (as enacted)

Te Ture Whenua Maori Amendment Maori Land Amendment Act 1996

RSS feed link copied, you can now paste this link into your feed reader.