Māori Purposes (Wi Pere Trust) Act 1991 (1991 No 38)
In section 3, replace the definition of 1993 Act with:
2017 Act means Parts 1 to 9 of Te Ture Whenua Māori Act 2016
In section 3, replace the definition of general land with:
general land means private land that is not Māori land
In section 3, definition of Māori freehold land, replace “section 4 of the 1993 Act”
with “section 5 of the 2017 Act”
.
In section 3, insert in their appropriate alphabetical order:
Māori land has the same meaning given to Māori land in section 5 of the 2017 Act
Māori land register has the same meaning given to Māori land register in section 5 of the 2017 Act
private land has the same meaning given to private land in section 5 of the 2017 Act
In section 9(3),—
(a)
replace “Registrar of the Māori Land Court”
with “chief executive responsible for the Māori land register”
; and
(b)
replace “records of the court are”
with “register is”
.
In section 18, replace “undivided beneficial interest”
with “individual freehold interest (as defined in section 6 of the 2017 Act)”
.
In section 20(f), after “property”
, insert “; and”
.
After section 20(f), insert:
(g)
all amendments to the Māori land register that relate to Māori freehold land that is trust property.
In section 21(1) and (2), replace “Registrar of the Māori Land Court”
with “chief executive responsible for the Māori land register”
.
In section 21(2), replace “order of the court”
with “amendment to the Māori land register”
.
In section 30(3),—
(a)
replace “Registrar of the Māori Land Court”
with “chief executive responsible for the Māori land register”
; and
(b)
replace “records of the court are”
with “register is”
.
In section 32(3),—
(a)
replace “Registrar of the Māori Land Court”
with “chief executive responsible for the Māori land register”
; and
(b)
replace “records of the court are”
with “register is”
.
In the heading to section 33, replace “1993 Act”
with “2017 Act”
.
In section 33(1), (2), and (3), replace “1993 Act”
with “2017 Act”
.
Replace section 34(a) with:
(a)
an order under section 25 or 27 of the 2017 Act; and
In section 34(b), replace “section 134 of the 1993 Act”
with “section 24 of the 2017 Act”
.
In section 35(1), replace “1993 Act”
with “2017 Act”
.
Replace section 38 with:
38 Alienation of Māori freehold land
(1)
The trust board has the capacity to dispose of Māori freehold land that is trust property if—
(a)
the disposition would be permitted under Part 4 of the 2017 Act; or
(b)
the disposition is an alienation that is permitted by section 33, 39, or 40.
(2)
In this section, dispose of and disposition have the same meanings as in section 5 of the 2017 Act.
In section 41(3), replace “section 26(2) of the 1993 Act”
with “section 308(3) and (4) of the 2017 Act”
.
In Schedule 1, clause 1.1, definition of beneficial interest, replace “undivided beneficial interest”
with “individual freehold interest (as defined in section 6 of Parts 1 to 9 of Te Ture Whenua Māori Act 2016)”
.
In Schedule 1, clause 1.1, definition of ordinary resolution,—
(a)
replace “Te Ture Whenua Maori Act 1993”
with “Parts 1 to 9 of Te Ture Whenua Māori Act 2016”
; and
(b)
replace “50%”
with “a different majority”
.
In Schedule 1, clause 1.1, definition of special resolution,—
(a)
replace “Te Ture Whenua Maori Act 1993 requires a sale or gift”
with “Parts 1 to 9 of Te Ture Whenua Māori Act 2016 requires a sale”
; and
(b)
replace “75%”
with “a different majority”
.
In Schedule 1, clause 9.6, replace “Māori Land Court register”
with “Māori land register”
.
In Schedule 1, clause 13.2(b), replace “Te Ture Whenua Maori Act 1993”
with “Parts 1 to 9 of Te Ture Whenua Māori Act 2016”
.
Replace Schedule 4 with:
Schedule 4 Application of provisions of 2017 Act to Māori freehold land that is trust property
s 33
Provision of 2017 Act | | Applies | | Modifications |
---|
Part 1 (except sections 5 and 6) | | No | | |
Sections 5 and 6 | | Yes | | |
Part 2 | | Yes | | Part 2 applies as if the trust were a governance body. In addition to the jurisdiction conferred by sections 25 and 27, the court may make an order under 1 or both of those sections if the order is necessary to correct an error or omission in Schedule 2 or 3 of this Act. |
Part 3 | | No | | |
Part 4 (except section 103(1)(b)) | | Yes | | Part 4 applies as if the trust were a governance body. Subject to sections 22 to 27 of this Act. |
Section 103(1)(b) | | No | | |
Part 5 | | No | | |
Part 6 (except sections 206 to 211) | | No | | |
Sections 206 to 211 | | Yes | | Sections 206 to 211 apply as if the trust were a governance body. |
Part 7 (except sections 246 to 247) | | Yes | | Subject to sections 22 to 27 of this Act. |
Sections 246 to 247 | | No | | |
Part 8 | | Yes | | Section 300 applies subject to sections 22 to 27 of this Act. Section 308 applies subject to section 41 of this Act. |
Part 9 | | No | | A requirement that a dispute be dealt with under Part 9 does not apply. |