These regulations may be cited as the Maori Trust Office Regulations 1954.

These regulations shall come into force on the 1st day of April 1954.

In these regulations, unless the context otherwise requires, estate means the property which the Maori Trustee is entitled to administer as executor or trustee under the will of a deceased Maori or as the administrator in the estate of a Maori dying intestate or the property in respect of which the Maori Trustee is the trustee of a person under disability or the property which the Maori Trustee is authorized to administer under a duly executed power of attorney or as the trustee under any deed of trust or settlement duly executed by the parties entitled to create or make the same.

Subject to the provisions of section 48 of the Maori Trustee Act 1953, the Maori Trustee shall be entitled to charge commission in respect of the matters hereinafter specified at the rates prescribed in relation thereto:

• (a) Upon the gross capital value of any estate realised by the Maori Trustee, and upon the gross value (as determined by the Maori Trustee) of any real or personal property transferred or relinquished or delivered in kind to or retained by any person entitled thereto, whether as a beneficiary or principal or in any other capacity, and whether on the termination of a trust or agency or otherwise:

  • On the first $10,000: 3 3/4 percent:

  • On all in excess of $10,000: 2 1/2 percent.

• (b) Upon such capital sums as are received in terms of a deed of trust or settlement duly executed by the parties entitled to create or make the same:

  • (i) Where the capital consists of cash which the Maori Trustee is required to, or may, invest in the Common Fund: 2 percent:

  • (ii) Where the capital consists of cash which the Maori Trustee is required to invest otherwise than in the Common Fund:

    • On the first £5,000: 3 3/4 per cent:

    • On all in excess of £5,000: 2 1/2 per cent:

• (c) Upon the transfer of any money from the account kept by the Maori Trustee in respect of any estate to any other account kept by the Maori Trustee, whether in respect of any other estate or not, or upon the transfer of any money to any account kept by the Maori Trustee in respect of any estate from any other account kept by the Maori Trustee, whether in respect of any other estate or not: 2 percent:

• (d) Upon any money received as damages, whether by way of compromise or otherwise, under the Deaths by Accidents Compensation Act 1952, or in any cause or matter relating to personal injury:

  • On so much of the money as is immediately payable to the person entitled: 1 per cent:

  • On so much of the money as is held and administered in terms of any Court order or otherwise: 2 1/2 per cent:

• (e) [Revoked]

• (f) Except as otherwise provided by this regulation, upon the gross income of any estate from whatsoever source: 5 per cent:

  Provided that no commission shall be charged under this head on any income which has been subject to commission under paragraph (c) of this regulation:

  Provided also that where any income is collected on behalf of the Maori Trustee by any duly authorized person who has charged a commission for so doing, or where income is derived from another estate administered otherwise than by the Maori Trustee and commission has been taken on that income before it comes into the hands of the Maori Trustee, the commission chargeable by the Maori Trustee shall be 2 per cent:

  Provided also that no commission shall be charged by the Maori Trustee in respect of interest earned by an estate from capital belonging to that estate in the Common Fund:

• (g) Upon the gross proceeds of the sale of any land or freehold interest in land or upon the gross amount of any compensation received by the Maori Trustee in any capacity: 5 per cent:

  Provided that, where the Maori Trustee acts as an administrator or a trustee under Part 10 of the Maori Affairs Act 1953 or as a manager under the Mental Health Act 1969, the Commission shall be that prescribed by paragraph (a) of this regulation.

• (h) Upon the gross rent from any land received by the Maori Trustee capacity whatsoever: 7 1/2 per cent.

• (i) Upon the gross income from any business carried on by the Maori Trustee in relation to any land or otherwise: 5 per cent:

  Provided that in no case shall commission under this paragraph be less than $300 per annum.

• (j) Upon those moneys arising from any business carried on by the Maori Trustee in relation to land which are distributed, or appropriated for payment, to the persons beneficially entitled: 5 per cent:

• (k) Upon any moneys (not being moneys in respect of which commission is prescribed by the foregoing provisions of this regulation) received by the Maori Trustee in any capacity whatsoever for payment to the persons beneficially entitled: 5 per cent:

• (l) Upon any moneys disposed of as unclaimed moneys, whether by payment to the persons beneficially entitled or otherwise: 10 per cent.

Nothing in these regulations shall be so construed as to limit the authority of the Maori Trustee to impose, in addition to any commission or fees prescribed by these regulations, a reasonable charge for any special or additional service performed by him in relation to any estate, trust, agency, receivership, or property otherwise within his control or disposition.