Maori Trust Boards Regulations 1985

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Version as at 29 November 2022

Maori Trust Boards Regulations 1985

(SR 1985/258)

David Beattie, Governor-General

Order in Council

At the Government Buildings at Wellington this 30th day of September 1985

Present:
The Hon K T Wetere presiding in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by Te Puni Kōkiri.

Pursuant to section 56 of the Maori Trust Boards Act 1955, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

1	Title and commencement
2	Interpretation
3	Number of members
4	Representation of specific sections or divisions of beneficiaries
5	Enrolment of beneficiaries of the Aupouri Maori Trust Board [Revoked]
5A	Majority of members of Te Runanga o Ngati Porou to be nga nohokainga [Revoked]
5B	Manner of elections for membership of Te Runanga o Ngati Porou [Revoked]
5C	Manner of elections for membership of Te Runanga o Ngati Awa [Revoked]
5D	Hui pooti [Revoked]
5E	Returning Officer and Assistant Returning Officers [Revoked]
5F	Date, venue, and notice of hui pooti [Revoked]
5G	Notice of voters not on roll of beneficiaries [Revoked]
5H	Secret ballot [Revoked]
5I	Voting by post by voters with medical or physical disability [Revoked]
5J	Closing of poll [Revoked]
5K	Counting of votes [Revoked]
6	Public notice of calling of nominations
7	Nomination papers
8	Copy of roll to be sent to Returning Officer
8A	Regulations 12 and 13 apply to postal ballot
8B	Elections by electronic vote
9	Ballot papers
10	Voter to inform Returning Officer of place of residence and age
11	Death of candidate
12	Custody of returned ballot papers
13	Checking the roll
14	Counting of votes
15	Retention of voting records
16	Expenses and remuneration of Returning Officer
17	Transitional provision in respect of Aupouri Maori Trust Board [Revoked]
18	Revocations
	Schedule 1 Membership of boards
	Schedule 2 Number of representatives of specific sections or divisions
	Schedule 3 Enrolment application [Revoked]
	Schedule 4 Notice to beneficiaries inviting nominations
	Schedule 5 Form of nomination paper where there are no specific sections or divisions
	Schedule 6 Form of nomination paper where there are specific sections or divisions
	Schedule 7 Form of ballot paper where there are no specific sections or divisions [Revoked]
	Schedule 8 Form of ballot paper where there are specific sections or divisions [Revoked]
	Schedule 9 Declaration to be filled in by voter [Revoked]
	Schedule 10 Result of election
	Schedule 11 Regulations revoked
	Gazette Information
	Notes

Regulations

1 Title and commencement

(1)

These regulations may be cited as the Maori Trust Boards Regulations 1985.

(2)

These regulations shall come into force on 1 November 1985.

2 Interpretation

In these regulations the Act means the Maori Trust Boards Act 1955.

3 Number of members

Each board shall have the number of members set out opposite its name in Schedule 1.

4 Representation of specific sections or divisions of beneficiaries

In the case of each board specified in the first column of Schedule 2, each member shall be elected to represent a specific section or division of the beneficiaries; and the number of members to represent each specific section or division shall be the number set out in the second column of that schedule opposite the description of that section or division in the third column of that schedule.

5 Enrolment of beneficiaries of the Aupouri Maori Trust Board

[Revoked]

Regulation 5: revoked, on 23 September 2015, by section 207(2) of the Te Aupouri Claims Settlement Act 2015 (2015 No 77).

5A Majority of members of Te Runanga o Ngati Porou to be nga nohokainga

[Revoked]

Regulation 5A: revoked, on 6 April 2012, by section 156(1) of the Ngati Porou Claims Settlement Act 2012 (2012 No 31).

5B Manner of elections for membership of Te Runanga o Ngati Porou

[Revoked]

Regulation 5B: revoked, on 27 August 1999, by regulation 2 of the Maori Trust Boards Amendment Regulations 1999 (SR 1999/275).

5C Manner of elections for membership of Te Runanga o Ngati Awa

[Revoked]

Regulation 5C: revoked, on 25 March 2005, by section 13(1) of the Te Runanga o Ngati Awa Act 2005 (2005 No 1 (P)).

5D Hui pooti

[Revoked]

Regulation 5D: revoked, on 25 March 2005, by section 13(1) of the Te Runanga o Ngati Awa Act 2005(2005 No 1 (P)).

5E Returning Officer and Assistant Returning Officers

[Revoked]

Regulation 5E: revoked, on 25 March 2005, by section 13(1) of the Te Runanga o Ngati Awa Act 2005(2005 No 1 (P)).

5F Date, venue, and notice of hui pooti

[Revoked]

Regulation 5F: revoked, on 25 March 2005, by section 13(1) of the Te Runanga o Ngati Awa Act 2005 (2005 No 1 (P)).

5G Notice of voters not on roll of beneficiaries

[Revoked]

Regulation 5G: revoked, on 25 March 2005, by section 13(1) of the Te Runanga o Ngati Awa Act 2005 (2005 No 1 (P)).

5H Secret ballot

[Revoked]

Regulation 5H: revoked, on 25 March 2005, by section 13(1) of the Te Runanga o Ngati Awa Act 2005 (2005 No 1 (P)).

5I Voting by post by voters with medical or physical disability

[Revoked]

Regulation 5I: revoked, on 25 March 2005, by section 13(1) of the Te Runanga o Ngati Awa Act 2005 (2005 No 1 (P)).

5J Closing of poll

[Revoked]

Regulation 5J: revoked, on 25 March 2005, by section 13(1) of the Te Runanga o Ngati Awa Act 2005 (2005 No 1 (P)).

5K Counting of votes

[Revoked]

Regulation 5K: revoked, on 25 March 2005, by section 13(1) of the Te Runanga o Ngati Awa Act 2005 (2005 No 1 (P)).

6 Public notice of calling of nominations

The public notice required by section 46 of the Act to be given to beneficiaries of the fact that nominations are called for election to membership of the board shall be in the form set out in Schedule 4.

7 Nomination papers

(1)

Where there are no specific sections or divisions of beneficiaries, nomination papers shall be in the form set out in Schedule 5.

(2)

Where there are specific sections or divisions of beneficiaries, nomination papers shall be in the form set out in Schedule 6.

8 Copy of roll to be sent to Returning Officer

(1)

If an election is required under section 48 of the Act, the secretary of each board must forward the roll of the board’s beneficiaries to the Returning Officer no later than 3 days before the last day fixed for the receipt of ballot papers and electronic votes under section 52 of the Act.

(1A)

The roll must show clearly, in any case where a parliamentary roll of electors is used, the manner in which the board’s beneficiaries are identified on that roll.

(2)

At the same time, the secretary of the board shall also forward to the Returning Officer—

(a)

a copy of the resolution of the board approving the roll for the purposes of the election; and

(b)

the total number of ballot papers printed, issued, and not issued; and

(c)

the total number of beneficiaries on the roll; and

(d)

if there are specific sections or divisions of the beneficiaries, the total number in each section or division.

(3)

If there are no specific sections or divisions of beneficiaries, the beneficiaries shall be numbered consecutively on the roll.

(4)

If there are specific sections or divisions of the beneficiaries, those in each section or division shall be given a consecutive number preceded by the section or division number and a hyphen.

Regulation 8(1): replaced, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Regulation 8(1A): inserted, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

8A Regulations 12 and 13 apply to postal ballot

Regulations 12 and 13 apply, if an election is required by section 48 of the Act and—

(a)

the election is held by postal ballot only, to that election; or

(b)

the election is held by postal ballot and electronic voting, in respect of the postal ballot component of the election.

Regulation 8A: inserted, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

8B Elections by electronic vote

(1)

The following conditions apply to the use of electronic votes in an election under section 48 of the Act:

(a)

the system for casting votes electronically must meet the conditions set out in subclause (2); and

(b)

the Returning Officer must take reasonable steps to ensure that no more than 1 vote is counted for each beneficiary who casts a vote electronically.

(2)

A system for casting votes electronically must meet the following conditions:

(a)

it must accurately count the votes that are cast using the system; and

(b)

it must include reasonable measures for verifying the identity of each person who casts their vote using the system; and

(c)

it must retain the information entered into, or generated by, the system for the purpose of the election for at least 3 months after the declaration of the result of the election; and

(d)

if it retains that information in electronic form, it must retain the information in a way that—

(i)

is secure, to prevent loss and unauthorised access; and

(ii)

provides a reliable means for assuring that the integrity of the information is retained; and

(iii)

is readily accessible so as to be usable for subsequent reference.

Regulation 8B: inserted, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

9 Ballot papers

(1)

The ballot papers must contain the following:

(a)

the name of the board:

(b)

the names of the persons that have been nominated—

(i)

for membership of the board; and

(ii)

if there are specific sections or divisions of beneficiaries, to represent the specified section or division on the board:

(c)

instructions on how to vote for the preferred candidates by 1 or both of the following methods:

(i)

postal ballot:

(ii)

electronic vote:

(d)

the date by which the ballot paper or electronic vote must reach the Returning Officer:

(e)

for a postal ballot, instructions for the return of the ballot paper to the Returning Officer, including a postal address.

(2)

[Revoked]

(3)

The ballot paper issued to each beneficiary shall have entered on it the beneficiary’s roll number and shall be posted to the beneficiary, together with a business reply envelope addressed to the Returning Officer and having on its outside on the left-hand top corner the beneficiary’s roll number.

Regulation 9(1): replaced, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Regulation 9(2): revoked, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

10 Voter to inform Returning Officer of place of residence and age

A beneficiary who casts a vote must inform the Returning Officer in writing of—

(a)

their usual place of residence; and

(b)

their age.

Regulation 10: replaced, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

11 Death of candidate

(1)

Except as provided in subclause (2), if a candidate who has been nominated for election dies during the period commencing with the closing date for nominations and ending with the date fixed for the election, the election shall be postponed; and, in such a case, a new closing date for nominations and a new election shall be appointed by Order in Council under section 55 of the Act.

(2)

Where the deceased candidate was nominated for election to represent a specific section or division of beneficiaries, that candidate’s death shall not affect the election of candidates nominated to represent any other section or division of beneficiaries.

12 Custody of returned ballot papers

All ballot papers received by the Returning Officer by the end of the closing date of the poll must be kept—

(a)

by the Returning Officer until the counting of the votes; and

(b)

in a secure manner, to prevent loss or unauthorised access.

Regulation 12: replaced, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

13 Checking the roll

(1)

Before a ballot paper is counted, the Returning Officer must mark the entry on the roll corresponding with the number on the ballot paper.

(2)

If, on any such check, it appears that a beneficiary may have voted more than once, the ballot papers containing the apparent plural votes must be put aside for investigation after the other votes have been counted.

(3)

When the checking has been completed, the marked roll must be signed by the Returning Officer and the checking officer, and by any scrutineers present.

Regulation 13: replaced, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

14 Counting of votes

(1)

After the roll has been signed, the ballot papers and all electronic votes received under a system complying with regulation 8B must be counted in the presence of—

(a)

any scrutineers who have been appointed and are present; and

(b)

a checking officer appointed by the Returning Officer.

(2)

The checking officer shall be either a Justice of the Peace or some other person approved for the purpose by the chief executive of the Ministry of Māori Development—Te Puni Kōkiri.

(3)

The result of the voting shall, after the votes have been counted, be recorded in the form set out in Schedule 10.

(4)

Two copies of the results statement duly signed shall be forwarded to the secretary of the board, who shall thereupon transmit 1 copy to the chief executive of the Ministry of Māori Development—Te Puni Kōkiri.

(5)

If there are apparent plural votes, the following provisions apply:

(a)

if the number of plural votes could not affect the result of the election, the result may be declared without first checking the validity of the disputed votes:

(b)

if the number of plural votes could affect the result of the election, the result must not be declared until the disputed votes have been either allowed or disallowed after investigation by the Returning Officer.

(6)

In any case where 2 or more persons receive an equal number of votes and 1 or more (but not all) of them would have received sufficient votes to be elected had 1 or more of the persons receiving the same number of votes received 1 vote less, the Returning Officer shall exercise a casting vote to determine which 1 or more of the persons in question shall be deemed to have been elected.

Regulation 14(1): replaced, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Regulation 14(2): amended, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Regulation 14(3): amended, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Regulation 14(4): amended, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Regulation 14(5): replaced, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

15 Retention of voting records

All ballot papers and other voting records shall be kept by the Returning Officer for at least 3 months after the declaration of the result of the election.

16 Expenses and remuneration of Returning Officer

Each board shall, within 6 weeks of demand being made, pay to the Returning Officer all expenses properly incurred by the Returning Officer in connection with the election, and such sum by way of remuneration for the Returning Officer’s services as may be fixed by the Minister.

17 Transitional provision in respect of Aupouri Maori Trust Board

[Revoked]

Regulation 17: revoked, on 23 September 2015, by section 207(2) of the Te Aupouri Claims Settlement Act 2015 (2015 No 77).

18 Revocations

The regulations specified in Schedule 11 are hereby revoked.

Schedule 1 Membership of boards

r 3

Name of board	Number of members
Aorangi Maori Trust Board	7
Hauraki Maori Trust Board	12
Ngati Whatua o Orakei Maori Trust Board	11
Taitokerau Maori Trust Board	8
Taranaki Maori Trust Board	8
Tauranga Moana Maori Trust Board	15
Te Runanga o Ngati Whatua	11
Tuwharetoa Maori Trust Board	10
Waikato Raupatu Trustee Company Limited	15
Wairoa-Waikaremoana Maori Trust Board	10
Whakatohea Maori Trust Board	12

Schedule 1: amended, on 23 September 2015, by regulation 207(3) of the Te Aupouri Claims Settlement Act 2015 (2015 No 77).

Schedule 1: amended, on 28 July 2014, by section 108(2) of the Tūhoe Claims Settlement Act 2014 (2014 No 50).

Schedule 1: amended, on 6 April 2012, by section 156(2) of the Ngati Porou Claims Settlement Act 2012 (2012 No 31).

Schedule 1: amended, on 26 September 2006, by section 100(1) of the Te Arawa Lakes Settlement Act 2006 (2006 No 43).

Schedule 1: amended, on 25 March 2005, by section 13(2) of the Te Runanga o Ngati Awa Act 2005 (2005 No 1 (P)).

Schedule 1: amended, on 30 April 1999, pursuant to clause 3 of the Waikato Raupatu Claims Settlement Act Commencement Order 1999 (SR 1999/110).

Schedule 1: amended, on 24 April 1996, by section 36(1) of Te Runanga o Ngai Tahu Act 1996 (1996 No 1 (P)).

Schedule 1: amended, on 27 August 1993, by regulation 2 of the Maori Trust Boards Regulations 1985, Amendment No 6 (SR 1993/249).

Schedule 1: amended, on 9 December 1991, by section 40 of the Orakei Act 1991 (1991 No 122).

Schedule 1: amended, on 28 September 1990, by regulation 2 of the Maori Trust Boards Regulations 1985, Amendment No 4 (SR 1990/257).

Schedule 1: amended, on 16 August 1990, by regulation 2 of the Maori Trust Boards Regulations 1985, Amendment No 3 (SR 1990/167).

Schedule 2 Number of representatives of specific sections or divisions

r 4

Name of board	Number of representatives of specific sections or divisions	Specific sections or divisions represented
Hauraki Maori Trust Board	1	The Ngati Hako division principally located in the districts of Waitoki and Tirohia
	1	The Ngati Hei division principally located in the Whitianga district
	1	The Ngati Maru division principally located in the Thames district
	1	The Ngati Paoa division principally located in the Kaiaua and the western side of the Hauraki Gulf
	1	The Patukirikiri division principally located in the Coromandel district
	1	The Ngati Porou ki Harataunga ki Mataora division principally located in the districts of Mataora, and Harataunga (otherwise know as “Kennedy’s Bay”)
	1	The Ngati Pukenga ki Waiau division principally located in the Manaia district
	1	The Ngati Rahiri-Tumutumu division principally located in the Te Aroha district
	1	The Ngai Tai division principally located in the Maraetai district
	1	The Ngati Tamatera division principally located in the Paeroa district and the eastern side of Hauraki Gulf
	1	The Ngati Tara Tokanui division principally located in the Paeroa district
	1	The Ngati Whanaunga division principally located in the districts of Manaia and Coromandel
Taitokerau Maori Trust Board	1	Te Aupouri division, comprising all beneficiaries wherever residing who belong to tribal groups principally located in the Houhora and Awanui Ridings of the County of Mangonui, including boroughs and town districts within or adjoining the said boundaries
	1	Te Rarawa division, comprising all beneficiaries wherever residing who belong to tribal groups principally located in the Kaitaia and Ahipara Ridings of the County of Mangonui and the Whangape, Motukaraka, Kohukohu, and Mangamuka Ridings of the County of Hokianga, including boroughs and town districts within or adjoining the said boundaries
	1	The Ngatikahu division, comprising all beneficiaries wherever residing who belong to tribal groups principally located within the boundaries of the Awanui, Victoria Valley, Oturu, and Mangonui Ridings of the County of Mangonui, including boroughs and town districts within or adjoining the said boundaries
	1	The Ngatiwhatua and Uriohau divisions, comprising all beneficiaries wherever residing who belong to tribal groups principally located within the boundaries of the City of Auckland, the Counties of Otamatea, Rodney, and Waitemata, and the Waipoua, Tutamoe, Kaihu, Awakino, Tangowahine, Arapohue, Aratapu, Okahu, and Kopuru Ridings of the County of Hobson, including boroughs and town districts within or adjoining the said boundaries
	1	The Ngapuhi ki Whangaroa division, comprising all Ngapuhi beneficiaries who reside within the boundaries of the County of Whangaroa or the Waihou Riding of the County of Hokianga or within any borough or independent town district within or adjoining the said boundaries and all Ngapuhi beneficiaries not residing within the area of any other Ngapuhi division who claim association with the Ngapuhi ki Whangaroa division
	1	The Ngapuhi ki Waimate division, comprising all Ngapuhi beneficiaries who reside within the boundaries of the Kerikeri, Okaihau, or Waimate Ridings of the County of Bay of Islands or within any borough or independent town district within or adjoining the said boundaries and all Ngapuhi beneficiaries not residing within the area of any other Ngapuhi division who claim association with the Ngapuhi ki Waimate division
	1	The Ngapuhi Taumarere ki Hokianga Tonga division, comprising all Ngapuhi beneficiaries who reside within the boundaries of the Horeke, Taheke, Rawene, or Omapere Ridings of the County of Hokianga or the Pakaraka, Mataraua, Tautoro, Kawakawa, Russell, or Towai Ridings of the County of Bay of Islands or within any borough or independent town district within or adjoining the said boundaries and all Ngapuhi beneficiaries not residing within the area of any other Ngapuhi division who claim association with the Ngapuhi Taumarere ki Hokianga Tonga division
	1	The Ngapuhi ki Whangarei division, comprising all Ngapuhi beneficiaries who reside within the boundaries of the County of Whangarei or the Tangiteroria, Maungaru, or Omana Ridings of the County of Hobson or within any city, borough, or independent town district within or adjoining the said boundaries and all Ngapuhi beneficiaries not residing within the area of any other Ngapuhi division who claim association with the Ngapuhi ki Whangarei division
Taranaki Maori Trust Board	1	Atiawa tribe
Taranaki Maori Trust Board	1	Ngati Mutunga tribe
	1	Ngati Maru tribe
	1	Ngati Tama tribe
	1	Ngati Ruanui tribe
	1	Ngaruahine tribe
	1	Ngati Taranaki tribe
	1	Ngarauru tribe
Tauranga Moana Maori Trust Board	1	Ngati Tapu hapu
	1	Ngai Tukairangi hapu
	1	Ngai Tamawhariua hapu
	1	Whanau a Tauwhao hapu
	1	Tuwhiwhia hapu
	1	Tauaiti hapu
	1	Nga Potiki hapu
	1	Ngati He hapu
	1	Ngati Pukenga hapu
	1	Ngai Te Ahi hapu
	1	Ngati Hangarau hapu
	1	Ngati Kahu hapu
	1	Ngai Tamarawaho hapu
	1	Ngati Ruahine hapu
	1	Pirirakau hapu
Te Runanga o Ngati Whatua	1	Orakei Takiwa, comprising Ngati Whatua iwi, wherever residing, who belong to Orakei marae by direct descent
Te Runanga o Ngati Whatua	2	South Kaipara Takiwa, comprising Ngati Whatua iwi, wherever residing, who belong to Haranui, Puatahi, Reweti Te Aroha Pa, and Te Kia Ora marae by direct descent
	3	Otamatea Takiwa, comprising Ngati Whatua iwi, wherever residing, who belong to Te Kiri, Te Pounga, Oruawharo, Otamatea, Arapaoa, Pouto, Waiotea, Nga Tai Whakarongorua, Te Kowhai, and Parirau marae by direct descent
	1	Whangarei Takiwa, comprising Ngati Whatua iwi, wherever residing, who belong to Takahiwai, Toetoe, Korokota, and Tirarau marae by direct descent
	4	Northern Wairoa Takiwa, comprising Ngati Whatua iwi, wherever residing, who belong to Naumai, Kapehu, Ripia, Oturei, Te Houhanga, Taita, Ahikiwi, Waikaraka, Tama te Uaua, Waikara, Matatina, and Pahinui marae by direct descent
Waikato Raupatu Trustee Company Limited	1	The Ngati Tipa and Ngati Amaru divisions principally located in Te Puaha district
	1	The Ngaitai, Ngati Tamaoho, and Ngati Koheriki divisions principally located in the Tamaki-Wairoa district
	1	The Ngaitai Te Akitai, and Ngati Paretaua divisions principally located in the Uenuku district
	1	The Ngati Naho, Ngati Hine, Ngati Taratikitiki, and Ngati Pou divisions principally located in the Rangiriri district
	1	The Ngati Mahuta (northern section), Ngati Whawhakia, Ngati Kuiarangi, and Ngati Tai divisions principally located in the Waahi district
	1	The Ngati Wairere and Ngati Makirangi divisions principally located in the Te Hoe-Tauhei district
	1	The Ngati Haua division principally located in the Pukemoremore district
	1	The Ngati Mahuta (southern section) and Ngati te Wehi divisions principally located in the Turangawaewae district
	1	The Tainui and Ngati Tahinga divisions principally located in the Tainui district
	1	The Ngati Mahanga and Ngati Tamainupo divisions principally located in the Whatawhata district
	1	The Ngati Apakura division principally located in the Rangiawhia district
	1	The Ngati Hikairo and Ngati Puhiawe divisions principally located in the Hauauru district
	1	The Ngati Ruru and Ngati Werekoko divisions principally located in the Parawera district
	1	The Ngati Paretekawa division and the Ngati Ngutu sections of the Maniapoto Tribe, principally located in the Puniu district
	1	The Ngati Koroki and Ngati Raukawa ki Parehakua divisions, principally located in the Kamureti district
Wairoa-Waikaremoana Maori Trust Board	1	Nuhaka Maori Committee Whakaki Maori Committee Mahia Maori Committee
Wairoa-Waikaremoana Maori Trust Board	3	Iwitea Maori Committee Taihoa Maori Committee Tanemitirangi Maori Committee Takitimu Maori Committee
	1	Waikaremoana Maori Committee Putahi Maori Committee Rangiahua Maori Committee
	1	Mohaka Maori Committee
	1	Te Reinga Maori Committee Erepiti Maori Committee
	3	Those persons who are beneficiaries by virtue of section 10 of the Lake Waikaremoana Act 1971
Whakatohea Maori Trust Board	2	Ngaitama sub-tribe
	2	Ngati Patu sub-tribe
	2	Ngati Rua sub-tribe
	2	Ngati Ngahere sub-tribe
	2	Ngatiira sub-tribe
	2	Te Upokorehe sub-tribe

Schedule 2: amended, on 28 September 2022, by section 235(2) of the Maniapoto Claims Settlement Act 2022 (2022 No 50).

Schedule 2: amended, on 21 March 2017, by section 126(2) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 (2017 No 7).

Schedule 2: amended, on 23 September 2015, by regulation 207(4) of the Te Aupouri Claims Settlement Act 2015 (2015 No 77).

Schedule 2: amended, on 28 July 2014, by section 108(3) of the Tūhoe Claims Settlement Act 2014 (2014 No 50).

Schedule 2: amended, on 6 April 2012, by section 156(3) of the Ngati Porou Claims Settlement Act 2012 (2012 No 31).

Schedule 2: amended, on 26 September 2006, by section 100(1) of the Te Arawa Lakes Settlement Act 2006 (2006 No 43).

Schedule 2: amended, on 25 March 2005, by section 13(2) of the Te Runanga o Ngati Awa Act 2005 (2005 No 1 (P)).

Schedule 2: amended, on 30 April 1999, pursuant to clause 3 of the Waikato Raupatu Claims Settlement Act Commencement Order 1999 (SR 1999/110).

Schedule 2: amended, on 24 April 1996, by section 36(1) of Te Runanga o Ngai Tahu Act 1996 (1996 No 1 (P)).

Schedule 2: amended, on 27 August 1993, by regulation 3 of the Maori Trust Boards Regulations 1985, Amendment No 6 (SR 1993/249).

Schedule 2: amended, on 28 September 1990, by regulation 3 of the Maori Trust Boards Regulations 1985, Amendment No 4 (SR 1990/257).

Schedule 2: amended, on 16 August 1990, by regulation 3 of the Maori Trust Boards Regulations 1985, Amendment No 3 (SR 1990/167).

Schedule 3 Enrolment application

[Revoked]

r 5(3)

Schedule 3: revoked, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Schedule 4 Notice to beneficiaries inviting nominations

r 6

[Name] Maori Trust Board

Notice calling for:

(a)

nominations for election to membership of the board; and

(b)

applications for inclusion in the roll of beneficiaries.

Pursuant to section 46 of the Maori Trust Boards Act 1955, the above board hereby calls for nominations for the election of [number] persons to membership of the board *(which is divided for the purpose of representation into the following sections or divisions):

Name of section or division:

Number to be elected to represent that section or division:

The board also calls upon such of its beneficiaries as have not already enrolled, being persons who have attained the age of 18 years, to apply to have their names, occupations, and addresses *(and also the section or division of the beneficiaries to which they are entitled to belong) included in the board’s roll of beneficiaries. Any enrolled beneficiary who has changed his or her occupation or address since he or she enrolled is also requested to give the board notice thereof.

The last day for receiving nominations and applications for enrolment is on [date], being 3 months before the present members cease to hold office. All nominations and applications for enrolment should be addressed to the secretary of the board whose postal or electronic address is [address].

Nomination forms can be obtained from the board’s secretary. The forms must be signed by at least 5 beneficiaries who are entitled to vote in respect of the election of that candidate, and be accepted by the candidate, and all signatures witnessed by 1 or more other adult persons.

A candidate may at any time withdraw his or her nomination by notice to the board. *(If the same candidate is nominated for more than 1 section or division of the board, the candidate shall give notice to the secretary of the board electing which division or section he or she will stand for and shall withdraw his or her nomination in respect of the other or others.)

An election will be held by postal ballot or electronic voting if the number of valid nominations received by closing date for *(any section or division of) the board exceeds the number of persons required to be elected.

Dated: [place, date]

Secretary of the board:

*The words in brackets immediately following the asterisks are relevant only to those boards that have sections or divisions of their beneficiaries, and should be omitted in the case of other boards.

Schedule 4: amended, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Schedule 4: amended, on 23 May 2008, by section 7 of the Maori Trust Boards Amendment Act 2008 (2008 No 33).

Schedule 5 Form of nomination paper where there are no specific sections or divisions

r 7(1)

The [name] Maori Trust Board

To the secretary, [name] Maori Trust Board, [address]

We, the undersigned, being 5 adult beneficiaries of the board, hereby nominate [name, address] as a candidate for election as a member of the board.

Dated: [place, date]

Signature:

Address:

Witness:

Signature:

Address:

Witness:

Signature:

Address:

Witness:

Signature:

Address:

Witness:

Signature:

Address:

Witness:

I, the said [name] hereby consent to the above nomination.

Dated: [place, date]

Signature of nominee:

Address:

Witness:

Schedule 6 Form of nomination paper where there are specific sections or divisions

r 7(2)

The [name] Maori Trust Board

To the secretary, [name] Maori Trust Board, [address]

We, the undersigned, being 5 adult beneficiaries of the [name] section or division of the board, hereby nominate [name, address] as a candidate for election as a member to represent the said district or division of the board’s beneficiaries.

Dated: [place, date]

Signature:

Address:

Witness:

Signature:

Address:

Witness:

Signature:

Address:

Witness:

Signature:

Address:

Witness:

Signature:

Address:

Witness:

I, the said [name] hereby consent to the above nomination, and I hereby withdraw my nomination (if any) in respect of any other section or division of the board.

Dated: [place, date]

Signature of nominee:

Address:

Witness:

Schedule 7 Form of ballot paper where there are no specific sections or divisions

[Revoked]

r 9(1)

Schedule 7: revoked, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Schedule 8 Form of ballot paper where there are specific sections or divisions

[Revoked]

r 9(2)

Schedule 8: revoked, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Schedule 9 Declaration to be filled in by voter

[Revoked]

r 10

Schedule 9: revoked, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Schedule 10 Result of election

r 14(3)

[Name] Maori Trust Board

Returning Officer’s certificate as to result of elections

*Section or division of beneficiaries

Number of ballot papers issued:

Number of ballot papers not issued:

Number of ballot papers returned:

Number of electronic votes returned:

Number of returned ballot papers set aside as invalid or informal:

Number of valid returned ballot papers and electronic votes:

Number of vacancies required to the filled:

Candidate(s) elected:

Number of votes:

Candidate(s) not elected:

Number of votes:

Certified correct: [date]

Returning Officer:

Checking Officer:

Scrutineers (if any):

*Delete if there are no sections or divisions of the beneficiaries.

Schedule 10: amended, on 29 November 2022, by section 31 of the Māori Purposes Act 2022 (2022 No 73).

Schedule 11 Regulations revoked

r 18

Maori Trust Board Regulations 1960 (SR 1960/103)

Maori Trust Board Regulations 1960, Amendment No 1 (SR 1962/36)

Maori Trust Board Regulations 1960, Amendment No 2 (SR 1964/213)

Maori Trust Board Regulations 1960, Amendment No 3 (SR 1969/102)

Maori Trust Board Regulations 1960, Amendment No 4 (SR 1972/276)

Maori Trust Board Regulations 1960, Amendment No 5 (SR 1975/122)

Maori Trust Board Regulations 1960, Amendment No 6 (SR 1983/217)

P G Millen,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 3 October 1985.

Notes

1 General

This is a consolidation of the Maori Trust Boards Regulations 1985 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Māori Purposes Act 2022 (2022 No 73): section 31

Maniapoto Claims Settlement Act 2022 (2022 No 50): section 235

Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 (2017 No 7): section 126

Te Aupouri Claims Settlement Act 2015 (2015 No 77): section 207

Tūhoe Claims Settlement Act 2014 (2014 No 50): section 108

Ngati Porou Claims Settlement Act 2012 (2012 No 31): section 156

Maori Trust Boards Amendment Act 2008 (2008 No 33): section 7

Te Arawa Lakes Settlement Act 2006 (2006 No 43): section 100(1)

Te Runanga o Ngati Awa Act 2005 (2005 No 1 (P)): section 13(1), (2)

Waikato Raupatu Claims Settlement Act Commencement Order 1999 (SR 1999/110): clause 3

Maori Trust Boards Amendment Regulations 1999 (SR 1999/275)

Te Runanga o Ngai Tahu Act 1996 (1996 No 1 (P)): section 36(1)

Maori Trust Boards Regulations 1985, Amendment No 6 (SR 1993/249)

Orakei Act 1991 (1991 No 122): section 40

Maori Trust Boards Regulations 1985, Amendment No 4 (SR 1990/257)

Maori Trust Boards Regulations 1985, Amendment No 3 (SR 1990/167)

List of access keys

Maori Trust Boards Regulations 1985

Maori Trust Boards Regulations 1985

Order in Council

Note

Contents

Regulations

1 Title and commencement

2 Interpretation

3 Number of members

4 Representation of specific sections or divisions of beneficiaries

5 Enrolment of beneficiaries of the Aupouri Maori Trust Board

5A Majority of members of Te Runanga o Ngati Porou to be nga nohokainga

5B Manner of elections for membership of Te Runanga o Ngati Porou

5C Manner of elections for membership of Te Runanga o Ngati Awa

5D Hui pooti

5E Returning Officer and Assistant Returning Officers

5F Date, venue, and notice of hui pooti

5G Notice of voters not on roll of beneficiaries

5H Secret ballot

5I Voting by post by voters with medical or physical disability

5J Closing of poll

5K Counting of votes

6 Public notice of calling of nominations

7 Nomination papers

8 Copy of roll to be sent to Returning Officer

(a)

(b)

(c)

(d)

8A Regulations 12 and 13 apply to postal ballot

(a)

(b)

8B Elections by electronic vote

(a)

(b)

(a)

(b)

(c)

(d)

(i)

(ii)

(iii)

9 Ballot papers

(a)

(b)

(i)

(ii)

(c)

(i)

(ii)

(d)

(e)

10 Voter to inform Returning Officer of place of residence and age

(a)

(b)

11 Death of candidate

12 Custody of returned ballot papers

(a)

(b)

13 Checking the roll

14 Counting of votes

(a)

(b)

(a)

(b)

15 Retention of voting records

16 Expenses and remuneration of Returning Officer

17 Transitional provision in respect of Aupouri Maori Trust Board

18 Revocations

Schedule 1 Membership of boards

Schedule 2 Number of representatives of specific sections or divisions

Schedule 3 Enrolment application

Schedule 4 Notice to beneficiaries inviting nominations

[Name] Maori Trust Board

(a)

(b)

Schedule 5 Form of nomination paper where there are no specific sections or divisions

The [name] Maori Trust Board

Schedule 6 Form of nomination paper where there are specific sections or divisions