Maori Purposes Act 1983

Reprint
as at 1 July 1993

Coat of Arms of New Zealand

Maori Purposes Act 1983

Public Act1983 No 146
Date of assent16 December 1983
Commencement16 December 1983
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by Te Puni Kōkiri.

An Act to amend the law relating to Maoris and Maori land, and for other purposes

1 Short Title

  • This Act may be cited as the Maori Purposes Act 1983.

Part 1
Amendments of Maori Affairs Act 1953

  • Part 1: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

2 This Part to form part of Maori Affairs Act 1953

  • [Repealed]

    Section 2: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

3 Exemption of certain Maori Land Court orders from registration fees

  • [Repealed]

    Section 3: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

4 Partition of land to comply with Part 20 of Local Government Act 1974 as to subdivisions

  • [Repealed]

    Section 4: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

5 Court to determine beneficiaries of Crown land reserved for Maoris

  • [Repealed]

    Section 5: repealed, on 1 July 1993, by section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

Part 2
Vesting of Titi Islands in beneficial owners

6 Vesting of Titi Islands in beneficial owners

  • (1) In this section, unless the context otherwise requires,—

    the islands means the islands specified in subsection (10)

    the owners, in relation to the islands, means the persons found by the court to be beneficially entitled to the islands under and in accordance with the provisions of section 109 of the Maori Purposes Act 1931 and shown in the records of the court as being so entitled at the commencement of this section

    the principal Act means the Maori Affairs Act 1953

    relative interests, in relation to the owners, means the relative interests of the owners in the islands as determined by the court in accordance with the said section 109 and shown in the records of the court at the commencement of this section.

    Terms defined in the principal Act have the meanings so defined.

    (2) The islands are hereby vested in the owners in accordance with their relative interests.

    (3) The islands shall hereafter be deemed to be Maori freehold land under and for the purposes of the principal Act, and, subject to the succeeding provisions of this section, the provisions of that Act shall apply accordingly.

    (4) The court shall continue to have exclusive jurisdiction to determine relative interests and succession to such interests of deceased owners and appoint trustees for persons under disability in respect of the beneficial ownership of the islands; and in determining any such succession the court may exercise its jurisdiction in the same manner as it did before the commencement of this section, notwithstanding any of the provisions of the principal Act relating to succession on intestacy to undivided beneficial freehold interests in common in Maori freehold land.

    (5) The Chief Judge may exercise the jurisdiction conferred on him by section 452 of the principal Act in respect of any order of the court relating to the islands or any of the owners, whether the order was made before or after the commencement of this Act.

    (6) Except as provided in subsection (4), no owner shall have power to alienate any interest in the islands, and no will shall have any effect in so far as it purports to affect any such interest.

    (7) If the court makes an order under section 438 of the principal Act vesting the islands in trustees, it may issue a request in writing to the Chief Surveyor for the Southland Land District to prepare a survey plan of the islands, and the Chief Surveyor shall, without charge, prepare such a plan and lodge it for deposit in the office of the District Land Registrar for that district, who shall thereafter, without charge, issue a certificate of title under the Land Transfer Act 1952 in respect of the islands.

    (8) Nothing in this section shall limit or affect the power to make regulations in respect of the islands conferred by section 23(2) of the Land Act 1948, nor limit or affect any regulations made under that section.

    (9) Section 109 of the Maori Purposes Act 1931 is hereby repealed, and the Crown is hereby freed and discharged from the responsibilities of trustee imposed on it by that section.

    (10) This section applies to the following islands:

    Name Description
    1Owen Island or Horomamae Island All that parcel of land in the Southland Land District, Stewart Island County, containing 35.2000 hectares, more or less, situated in Block X, Lords River Survey District (SO Plan 10461).
    2Wharepuaitaha Island All that parcel of land in the Southland Land District, Stewart Island County, containing 18.2000 hectares, more or less, situated in Block XI, Lords River Survey District (SO Plan 10461).
    3Kaihuka Island All that parcel of land in the Southland Land District, Stewart Island County, containing 10.000 hectares, more or less, situated in Block XI, Lords River Survey District (SO Plan 10461).
    4Potuatua Island All that parcel of land in the Southland Land District, Stewart Island County, containing 1.3000 hectares, more or less, situated in Block XI, Lords River Survey District (SO Plan 10461).
    5Pomatakiarehua Island All that parcel of land in the Southland Land District, Stewart Island County, containing 2.9000 hectares, more or less, situated in Block XI, Lords River Survey District (SO Plan 10461).
    6Tia Island or Entrance Island All that parcel of land in the Southland Land District, Stewart Island County, containing 20.600 hectares, more or less, situated in Block XI, Lords River Survey District (SO Plan 10461).
    7Taukihepa Island or Big South Cape Island All that parcel of land in the Southland Land District, Stewart Island County, containing 910.000 hectares, more or less, situated in Block IV, South Cape Survey District (SO Plan 10461).
    8Rerewhakaupoko Island or Solomon Island All that parcel of land in the Southland Land District, Stewart Island County, containing 27.8000 hectares, more or less, situated in Block IV, South Cape Survey District (SO Plan 10461).
    9Mokonui Island or Big Moggy Island All that parcel of land in the Southland Land District, Stewart Island County, containing 99.5000 hectares, more or less, situated in Block IX, South Cape Survey District (SO Plan 10461).
    10Mokoiti Island or Little Moggy Island All that parcel of land in the Southland Land District, Stewart Island County, containing 10.1000 hectares, more or less, situated in Block IX, South Cape Survey District (SO Plan 10461).
    11Timore Island or Chimneys Island All that parcel of land in the Southland Land District, containing 5.7000 hectares, more or less, situated in Block IX, South Cape Survey District (SO Plan 10461).
    12Kaimohu Island All that parcel of land in the Southland Land District, Stewart Island County, containing 10.8000 hectares, more or less, situated in Block IV, South Cape Survey District (SO Plan 10461).
    13Huirapa Island All that parcel of land in the Southland Land District, Stewart Island County, containing 4.4000 hectares, more or less, situated in Block IV, South Cape Survey District (SO Plan 10461).
    14Tamaitemioka Island All that parcel of land in the Southland Land District, Stewart Island County, containing 14.000 hectares, more or less, situated in Block IV, South Cape Survey District (SO Plan 10461).
    15Pohowaitai Island All that parcel of land in the Southland Land District, Stewart Island County, containing 38.000 hectares, more or less, situated in Block IV, South Cape Survey District (SO Plan 10461).
    16Herekopare Island or Te Marama Island All that parcel of land in the Southland Land District, Stewart Island County, containing 24.1000 hectares, more or less, situated in Block XVII, Paterson Survey District (SO Plan 10461).
    17Pikomamaku Island or Womens Island All that parcel of land in the Southland Land District, Stewart Island County, containing 8.2000 hectares, more or less, situated in Block XVII, Paterson Survey District (SO Plan 10461).
    18Poutama Island All that parcel of land in the Southland Land District, Stewart Island County, containing 37.5000 hectares, more or less, situated in Block IV, South Cape Survey District (SO Plan 10461).

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Maori Purposes Act 1983. The reprint incorporates all the amendments to the Act as at 1 July 1993, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)