Maori Affairs Act 1953
Maori Affairs Act 1953
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Maori Affairs Act 1953
Maori Affairs Act 1953
Public Act |
1953 No 94 |
|
Date of assent |
26 November 1953 |
|
Contents
An Act to consolidate and amend the law relating to Maori land and also to consolidate and amend certain provisions of the law relating especially to Maoris.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
Part I Introductory Provisions
1 Short Title and commencement.
(1)
This Act may be cited as the Maori Affairs Act 1953.
(2)
This Act shall come into force on the first day of April, nineteen hundred and fifty-four.
2 Interpretation.
1931, No. 31, s. 2 1882, No. 52 1887, No. 29 1892, No. 22
(1)
In this Act, unless the context otherwise requires:
“Alienation” means, with respect to Maori land, the making or grant of any transfer, sale, gift, lease, licence, easement, profit, mortgage, charge, encumbrance, trust, or other disposition, whether absolute or limited, and whether legal or equitable (other than a disposition by will), of or affecting customary land or the legal or equitable fee simple of freehold land or any share therein; and includes a contract to make any such alienation and also includes the surrender or variation of a lease or licence and the variation of the terms of any other alienation as hereinbefore defined:
“Beneficial estate” or “beneficial interest” does not include an estate or interest vested in any person by way of trust, mortgage, or charge:
“Chief Judge” means the Chief Judge of the Maori Land Court:
“Court” means, as the case may require, the Maori Land Court or the Maori Appellate Court:
“Department” means the Department of Maori Affairs:
“European” means any person other than a Maori, and includes a body corporate:
“European land owned by Maoris” means European land which, or any undivided share in which, is owned by a Maori for a beneficial estate in fee simple, whether legal or equitable:
“Land” includes Crown land, European land, and Maori land as those terms (subject to the special provisions contained in subsection two of this section) are herein defined, that is to say:
“Crown land” means any land other than Maori land which has not been alienated from the Crown for a subsisting estate in fee simple:
“Customary land” means land which, being vested in the Crown, is held by Maoris or the descendants of Maoris under the customs and usages of the Maori people:
“European land” means any land other than Maori land which has been alienated from the Crown for a subsisting estate in fee simple:
“Maori land” means customary land or Maori freehold land:
“Maori freehold land” means land other than European land which, or any undivided share in which, is owned by a Maori for a beneficial estate in fee simple, whether legal or equitable:
“Lease” includes a tenancy at will, and any other tenancy which confers a leasehold interest upon the tenant, whether at law or in equity; and the terms “sublease”
, “lessee”
, and “sublessee”
have corresponding meanings:
“Maori” means a person belonging to the aboriginal race of New Zealand; and includes a half-caste and a person intermediate in blood between half-castes and persons of pure descent from that race:
“Maori reserve” means any lands that are for the time being vested in the Maori Trustee as or for the purposes of a Maori reserve, and, in particular, includes all lands that are for the time being subject to the provisions of the Maori Reserves Act 1882, or the Westland and Nelson Maori Reserves Act 1887, or the West Coast Settlement Reserves Act 1892:
“Maori Trustee” means the Maori Trustee appointed under the Maori Trustee Act 1953:
“Minister” means the Minister of Maori Affairs:
“Order” means any order, judgment, decision, or determination of the Maori Land Court or the Maori Appellate Court; and includes a refusal to make an order:
“Person under disability” means a person under disability within the meaning of Part X hereof:
“Prescribed” means prescribed by this Act or by regulations or Rules of Court made for the purposes of this Act:
“Registrar” means a Registrar of the Maori Land Court; and includes a Deputy Registrar:
“Secretary” means the Secretary for Maori Affairs:
“State Loan Department” means—
(a)
The Public Trust Office;
(b)
The State Advances Corporation;
(c)
The Government Insurance Department; or
(d)
The Maori Trust Office:
“Will” includes any testamentary instrument.
(2)
Unless expressly provided in this or any other Act with respect to any specified or defined area, and notwithstanding anything in the foregoing definition of the term “land”
or in any of the subsidiary definitions included therein,—
(a)
European land shall not be deemed to become or to have become Maori land within the meaning of this Act, but shall continue to be European land, although it, or an undivided share therein, is vested in any manner whatever in a Maori for an estate in fee simple:
(b)
Maori freehold land acquired by the Maori Trustee shall be deemed to be and to remain Maori freehold land:
(c)
Crown land the fee simple whereof has, whether before or after the commencement of this Act, been purchased from the Crown by a Maori for a pecuniary consideration shall be deemed to be and to remain European land; but an exchange of land, whether with or without a payment of money by way of equality of exchange, shall not be deemed to constitute a purchase for a pecuniary consideration:
(d)
Maori freehold land which has become subject to a contract of sale or to any other contract of alienation of the fee simple thereof shall be deemed to remain Maori freehold land (notwithstanding that contract) until the contract has been completed by a transfer of the legal fee simple.
Part II Department of Maori Affairs
3 Department of Maori Affairs constituted.
There is hereby constituted a Department of State to be known as the Department of Maori Affairs.
4 Secretary for Maori Affairs to be principal administrative officer of Department.
(1)
The principal administrative officer of the Department shall be known as the Secretary for Maori Affairs.
(2)
The Secretary, acting under the general direction and control of the Minister, shall be charged with the administration of this Act.
(3)
All persons employed in the Department shall be appointed and shall hold office in accordance with the Public Service Act 1912. In the performance of their official duties they shall be subject to the direction and control of the Secretary.
(4)
The Judges of the Maori Land Court shall not be deemed to be officers of the Department.
Part III Board of Maori Affairs
5 Existing Board of Maori Affairs continued in office.
For the purpose of assisting in the administration of this Act in accordance with the provisions thereof there shall continue to be a Board of Maori Affairs (in this Part referred to as the Board).
6 Constitution of Board.
1934, No. 44, s. 3 1948, No. 69, s. 6
(1)
The Board shall consist of—
(a)
The Minister, who shall be the Chairman:
(b)
The member of the Executive Council (if any) appointed as such to represent the Maori race:
(c)
The Secretary for Maori Affairs:
(d)
The Secretary to the Treasury:
(e)
The Director-General of Lands:
(f)
The Valuer-General:
(g)
The Director-General of Agriculture:
(h)
Three other persons to be appointed by the Governor-General in Council.
(2)
Every appointed member of the Board shall be appointed for a term of three years, but may on the expiry of any term of appointment be reappointed.
(3)
An appointed member may at any time and for any cause be removed from office by the Governor-General in Council, notwithstanding that his term of office may not have expired, and in any such case, or in the case of his death or resignation, his office shall become vacant, and the vacancy may be filled by the appointment, by the Governor-General in Council, of a fit person to hold office for the unexpired portion of the term for which the person vacating office was appointed.
(4)
The powers of the Board shall not be affected by any vacancy in its membership.
7 Meetings of Board.
1934, No. 44, s. 5 1948, No. 69, s. 6(2)
(1)
Meetings of the Board shall be held at such times and places as the Board or the Chairman from time to time determines.
(2)
The Chairman shall preside at all meetings of the Board at which he is present.
(3)
In the absence of the Chairman from any meeting of the Board, that member of the Executive Council who represents the Maori race shall, if present, be the Chairman for the purposes of that meeting.
(4)
Except as provided in the foregoing provisions of this section, the Secretary shall be the Chairman for the purposes of all meetings at which he is present.
(5)
Except as hereinbefore provided, the members present at any meeting of the Board may select one of their number to be the Chairman for the purposes of that meeting.
(6)
In the absence from any meeting of any member being an officer of any Department of the Public Service (including the Secretary for Maori Affairs), he may authorize any other officer of his Department to attend that meeting in his stead. Any person who attends a meeting of the Board pursuant to this subsection shall for the purposes of that meeting be deemed to be a member of the Board.
(7)
At all meetings of the Board five members shall form a quorum.
(8)
On all motions before the Board the Chairman shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.
(9)
Subject to the foregoing provisions of this section and of any regulations that may for the time being be in force in relation to the conduct of meetings of the Board, the Board may regulate its procedure in such manner as it thinks fit.
8 Contracts by Board to be made on behalf of Crown.
1936, No. 53, s. 50
(1)
The Board in the performance of its duties and the exercise of its functions under this Act shall have power to enter into contracts in accordance with this section, notwithstanding that it is not a body corporate.
(2)
All contracts made by the Board shall be deemed to be made on behalf of Her Majesty the Queen.
(3)
Any contract which, if made between private persons, must be by deed or in writing signed by the parties to be charged therewith shall, if made by the Board, be signed by two members of the Board on behalf of and by direction of the Board.
(4)
Any contract which, if made between private persons, may be made verbally without writing may be similarly made by or on behalf of the Board by any member of the Board authorized in that behalf by the Board, but no verbal contract shall be made involving the payment out of public moneys of a sum exceeding twenty pounds.
(5)
Any deed or other instrument required to be executed by the Board may be signed by two members of the Board on behalf of and by direction of the Board.
(6)
Every instrument purporting to have been executed in accordance with the provisions of this section shall, in the absence of proof to the contrary, be deemed for all purposes to have been duly executed.
9 Department to give or receive notices and keep records of Board.
1936, No. 53, s. 50 1944, No. 17, s. 7
(1)
Any application made to the Court by the Board or any notice or notification required to be given or published by the Board may be signed by the Secretary or by some person authorized by him in that behalf, either generally or specifically.
(2)
Any notice required to be served on or given to the Board may be served on or given to the Secretary.
(3)
The records of the Board shall be kept by the Department.
10 Board may delegate powers.
1950, No. 98, s. 11
(1)
The Board may at any time, by resolution, delegate any powers or functions conferred on it by this or any other Act or any powers or functions that may be conferred on it by delegation or otherwise howsoever.
(2)
No delegation shall be made under this section except to a committee appointed under section eleven hereof, or to a member or to two or more specified members of any such committee, or to an officer or to two or more specified officers of the Department. Any powers delegated to a committee in accordance with this section may be exercised by a majority of the members of that committee.
(3)
The fact that the Board has delegated any of its powers shall not prevent the Board from itself exercising any such powers.
(4)
Any powers delegated by the Board pursuant to this section shall be exercised by the delegate for and on behalf of the Board. Where a delegate is required to sign any document on behalf of the Board, he shall add to his signature the words “acting for the Board of Maori Affairs pursuant to section ten of the Maori Affairs Act 1953.”
(5)
The production of a copy of the resolution of the Board or of a certificate under the hand of the Chairman or other member of the Board shall be conclusive evidence that the Board has duly delegated its powers in accordance with the terms of such resolution or certificate.
(6)
The exercise by a delegate of any powers of the Board shall have the same effect in all respects as if those powers had been exercised by the Board.
Committees
11 Board may appoint committees.
1934, No. 44, s. 8
(1)
The Board may from time to time as it thinks fit appoint one or more committees to advise or assist it in the exercise of its powers and functions.
(2)
Any such committee may consist exclusively of members of the Board or of persons who are not members of the Board, or may consist partly of members and partly of other persons.
(3)
Members of a committee may be appointed for a term not exceeding three years, but any member may be reappointed on the expiry of his term of office or may at any time be removed from office by the Board for any cause, or may resign his office.
General Provisions Applicable to Board and to Committees
12 Minute books.
Ibid., ss. 6, 8(4)
(1)
The Board and every committee appointed by the Board shall at all times cause proper minute books to be kept in which shall be entered minutes of the proceedings at meetings of the Board or committee, as the case may be, with proper details of the business transacted thereat.
(2)
The minutes of each meeting shall be read at the next succeeding meeting and shall be confirmed or amended, as the case may require.
13 Fees and travelling allowances.
1951, No. 79
(1)
The Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
(2)
There shall be paid out of moneys appropriated by Parliament for the purpose to the members of the Board (other than the Minister and the member of the Executive Council appointed as such to represent the Maori race) and to the members of any committee appointed by the Board such fees, allowances, travelling allowances, and expenses as may be fixed in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
14 Protection of members of Board or committee.
1934, No. 44, ss. 4, 8(5)
No member of the Board or of any committee appointed by the Board shall be personally liable for any act done or omitted to be done by the Board or committee or any member thereof in good faith in pursuance or intended pursuance of the powers and authority of the Board or committee.
Part IV The Maori Land Court
Constitution of Court
15 Maori Land Court constituted.
1931, No. 31, s. 3
(1)
There shall continue to be a Court of record called as heretofore the Maori Land Court, which shall be the same Court as that existing under the same name immediately prior to the commencement of this Act.
(2)
In addition to the jurisdiction and powers expressly conferred on it by this Act, the Court shall have all the powers that are inherent in a Court of record.
16 Appointment of Judges.
Ibid., s. 5 1951, No. 75, s. 3
(1)
The Governor-General may from time to time, by warrant under his hand, appoint a Chief Judge and such other Judges of the Maori Land Court as may be required for the conduct of the business of the Court:
Provided that no person who has attained the age of sixty-eight years shall be qualified for appointment as a Judge of the Court.
(2)
No person other than a barrister or solicitor of the Supreme Court of seven years’ standing or upwards shall be qualified for appointment as Chief Judge.
17 Deputy for Chief Judge.
1931, No. 31, s. 6
(1)
On the occurrence from any cause of a vacancy in the office of the Chief Judge (whether by reason of death, resignation, or otherwise) or in case of the incapacity or absence from duty of the Chief Judge (from whatever cause arising) or of his absence from New Zealand, the Governor-General may, by warrant under his hand, appoint any other Judge who would be qualified for appointment to the office of Chief Judge, or any other person so qualified, to act as Deputy for the Chief Judge.
(2)
Any such appointment may at any time be in like manner revoked by the Governor-General.
(3)
During the continuance of his appointment the person so appointed shall have and may exercise and perform all the powers, duties, and functions of the Chief Judge.
(4)
The fact of any person appointed by the Governor-General in that behalf acting as Deputy for the Chief Judge shall be conclusive evidence of the validity of the appointment and of his authority so to act, but no act done by the Chief Judge shall be questioned or invalidated on the ground that the appointment of any person as Deputy for the Chief Judge was at that time in force.
18 Appointment and functions of Commissioners.
Ibid., s. 7 1951, No. 75, s. 3
(1)
The Governor-General may from time to time appoint any person whom he thinks fit to be a Commissioner of the Court:
Provided that no person who has attained the age of sixty-eight years shall be qualified for appointment as a Commissioner.
(2)
A Commissioner so appointed shall possess and may exercise such of the powers and functions of a Judge (other than those vested exclusively in the Chief Judge) as the Governor-General by Order in Council from time to time determines, either generally or with respect to any particular Commissioner or Commissioners.
(3)
The office of Commissioner may, with the approval of the Public Service Commission, be held concurrently with any office in the Department, or with any other office in the Public Service, but a Commissioner in the exercise of his functions as such shall not be under the control of the Secretary.
19 Appointments to continue during Governor-General’s pleasure.
1931, No. 31, s. 8
All Judges and Commissioners appointed or holding office under the foregoing provisions of this Act shall hold office during the pleasure of the Governor-General:
Provided that no person shall continue to hold office as a Judge or Commissioner after he has attained the age of sixty-eight years.
20 Judges and Commissioners to take Oath of Allegiance and Judicial Oath.
(1)
Every person hereafter appointed as a Judge or as a Commissioner of the Court shall as soon as may be after his acceptance of office take the Oath of Allegiance and the Judicial Oath in the forms prescribed by the Promissory Oaths Act 1908.
(2)
Every person holding office on the commencement of this Act as a Judge or Commissioner of the Court, who has not heretofore since assuming the duties of his office taken the Oath of Allegiance and the Judicial Oath, shall take the same as soon as conveniently may be after the commencement of this Act.
(3)
Any such oath may be taken before and may be administered by a Judge of the Supreme Court or a Judge of the Maori Land Court.
21 Salaries and travelling allowances of Judges and Commissioners.
1931, No. 31, s. 9
Such salaries shall be paid to the several persons holding office as Judges or Commissioners under the foregoing provisions of this Act as are from time to time appropriated for that purpose by Parliament, and out of moneys in like manner appropriated there shall be paid to those persons such travelling allowances and travelling expenses as the Governor-General from time to time determines:
Provided that while any person holds office as a Commissioner concurrently with any office in the Public Service his salary and travelling allowances and expenses shall be fixed exclusively by reference to his office in the Public Service.
22 Registrars and other officers of Court.
There shall be appointed such Registrars, Deputy Registrars, and other officers of the Court (being officers of the Department) as may from time to time be required.
23 Maori Land Court districts.
Ibid., ss. 12, 14
(1)
The Governor-General may from time to time by Order in Council divide New Zealand into Maori Land Court districts and declare the name by which each such district shall be designated, and may abolish any such district or alter the limits or the designation thereof from time to time as occasion may require.
(2)
There shall be a Registrar for each district, but one person may hold office as Registrar for two or more districts.
24 Seal of Court.
1931, No. 31, s. 11
(1)
The Court shall have, in the custody of each Judge and Registrar, a seal which shall be the seal of the Court and shall be used for sealing documents which require to be sealed.
(2)
The form of the seal shall be such as the Governor-General from time to time determines. Every seal in use at the commencement of this Act shall continue to be the seal of the Court unless and until a new seal is duly prescribed by the Governor-General.
25 Rules of Court.
Ibid., s. 16
(1)
The Governor-General may from time to time, by Order in Council, make such rules (hereinafter termed Rules of Court) as are consistent with this Act for the purpose of regulating the practice and procedure of the Court in all matters within its jurisdiction, and prescribing the fees payable in respect of the proceedings of the Court.
(2)
Rules made under this section in relation to fees may prescribe conditions on which such fees may in any case by reduced or remitted and may also authorize any Judge of the Court to remit any outstanding fees which, by reason of lapse of time or for any other reason, have in his opinion become irrecoverable.
26 Powers of Court may be exercised by any Judge.
Ibid., ss. 19, 20
(1)
Any Judge sitting alone, or any two or more Judges sitting together, may exercise all the powers of the Court.
(2)
Proceedings may be continued before a Judge or Judges other than the Judge or Judges before whom they were commenced.
27 Applications for exercise of Court’s jurisdiction.
Ibid., ss. 17, 18
(1)
Subject to any express provisions of this Act as to the making of applications, the jurisdiction of the Court in any matter may be exercised on the application of any person claiming to be interested therein, or on the application of the Minister or of the Secretary or a Registrar.
(2)
In the course of the proceedings on any application the Court may, subject to Rules of Court, without further application, and upon such terms as to notice to parties and otherwise as the Court thinks fit, proceed to exercise any other part of its jurisdiction the exercise of which in those proceedings the Court deems necessary or advisable.
28 Rehearings.
1931, No. 31, s. 39
(1)
On the application of any person interested, made in accordance with Rules of Court not later than fourteen clear days after the making of any order of the Court, the Judge by whom the order was made or any other Judge may, in his discretion, grant a rehearing of the matter, either wholly or as to any part thereof.
(2)
On any such rehearing the Court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction which it could have exercised on the original hearing.
(3)
When a rehearing has been so granted, the period allowed for an appeal to the Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the Court.
(4)
Any such rehearing may be granted on such terms as to costs and otherwise as the Judge thinks fit, and the granting or refusal thereof shall be in the absolute discretion of the Judge.
29 Sittings of Court.
Ibid., s. 21
(1)
The times and places of the sittings of the Court shall be determined in accordance with Rules of Court.
(2)
The dates of the commencement of the ordinary sittings of the Court in each district for the period of twelve months commencing on the first day of April in each year shall be published in the Gazette before the commencement of that period or as soon as practicable after the commencement thereof.
(3)
Special sittings may from time to time be held at such times and places as may be appointed by the Chief Judge.
General Jurisdiction of Court
30 General jurisdiction of Court.
Ibid., s. 27(l)(3)
(1)
In addition to any jurisdiction specifically conferred on it otherwise than by this section, the Court, subject to the provisions of subsection two hereof, shall have jurisdiction—
(a)
To hear and determine as between Maoris any claim, whether at law or in equity, to the ownership or possession of Maori freehold land, or to any right, title, estate, or interest in any such land or in the proceeds of the alienation thereof:
(b)
To determine the relative interests of the owners in common, whether at law or in equity, of any Maori freehold land:
(c)
To hear and determine as between Maoris any claim to recover damages, not exceeding two hundred pounds, for trespass or any other injury to Maori freehold land:
(d)
To grant an injunction against any Maori in respect of any actual or threatened trespass or other injury to Maori freehold land:
(e)
To enforce the obligations of his trust (whether by way of injunction or otherwise) against any person appointed by the Court as the trustee of a person under disability, or against the executor, administrator, or trustee of a deceased Maori, or against any other trustee in respect of any Maori freehold land or any interest therein or the proceeds of the alienation thereof; or to administer any such trust; or to exercise in respect of any such trust or trustee any of the powers vested in the Supreme Court by the Trustee Act 1908:
Provided that nothing in this paragraph shall confer upon the Court any jurisdiction as against the Maori Trustee or in respect of any trust property administered by the Maori Trustee:
(f)
To grant an injunction prohibiting any person from dealing with or doing any injury to any property which is the subject matter of any application to the Court, or of any application to the Chief Judge in respect of the exercise of any jurisdiction specially conferred on him by this Act or otherwise, if in any such case the application has not been finally disposed of by the Court or the Chief Judge or the Appellate Court, as the case may be:
Ibid., p. 200
(g)
To exercise in respect of Maori freehold land any of the powers vested in the Supreme Court by the Settled Land Act 1908:
(h)
To determine for the purposes of any proceedings in the Court or for any other purpose whether any specified person is a Maori or the descendant of a Maori or a European:
(i)
To determine for the purposes of any proceedings in the Court or for any other purpose whether any specified land is Maori freehold land or is European land:
(j)
To create easements over Maori freehold land or over European land owned by Maoris for the purpose of being annexed to or used or enjoyed with any other land, or to create easements over any other European land (with the consent of all persons having any legal or equitable estate or interest therein) for the purpose of being annexed to or used or enjoyed with any Maori freehold land or European land owned by Maoris.
(2)
Nothing in the foregoing provisions of this section shall be construed to limit the jurisdiction of any other Court, but no matter that has been heard and determined by the Maori Land Court or the Appellate Court shall thereafter be heard in any other Court.
(3)
Any proceedings commenced in the Maori Land Court may, if the Judge thinks fit, and shall, if the parties so agree, be removed for hearing into any other Court of competent jurisdiction.
(4)
Where, pursuant to paragraph (j) of subsection one hereof, an easement over any land is granted for the purpose of providing access to any other land, the grant of that easement shall be made in accordance with the provisions of Part XXVII hereof.
(5)
The grant of an easement pursuant to paragraph (j) of subsection one hereof may, if the Court thinks fit, be made subject to a condition for the payment of compensation in respect thereof, or to any other conditions that the Court may impose.
31 Governor-General may confer special jurisdiction.
1931, No. 31, s. 34
(1)
The Governor-General may by Order in Council confer upon the Court, as effectually as if the same had been conferred by this Act, jurisdiction to determine any matter or question affecting the rights of Maoris in any real or personal property.
(2)
Any order made by the Court in any such matter or question shall have the same effect and shall be dealt with as nearly as may be in the same manner as an order or determination of a similar nature made by the Court in the exercise of the jurisdiction expressly conferred upon it by this Act.
(3)
Nothing in this section shall be construed to authorize such an extension of the jurisdiction of the Court as would remove or modify any statutory restriction or limitation of the jurisdiction of the Court, or to confer on the Court authority to vary or annul any order or decision of the Appellate Court.
32 Orders for payment of moneys held in trust.
1931, No. 31, s. 40
(1)
The Court on the application of any person interested or of its own motion may order that any money held by the Maori Trustee or by any Department of State or officer of the Public Service in trust for any person or persons, being Maoris or the descendants of Maoris, shall be paid to the persons beneficially entitled thereto or to any other person whom the Court may direct.
(2)
If any such money is held in trust for a person under disability the Court may order that the money, or such part thereof as the Court thinks fit, shall be expended in such manner as the Courts directs for his maintenance, education, or advancement.
(3)
The power of the Court to make orders under this section shall be subject to any statutory provision whereby money held in trust for Maoris is specifically directed to be retained and administered by the trustee.
33 Appointment of receiver to enforce charges, etc.
Ibid., s. 42
(1)
When by or pursuant to this or any other Act any charge has been imposed upon any Maori land or upon any legal or equitable interest therein, or upon the revenues thereof or the proceeds of the alienation thereof, the Court may at any time and from time to time, for the purpose of enforcing that charge, appoint the Maori Trustee or any other fit person to be a receiver in respect of the property so charged.
(2)
If in any proceeding before the Court the title to any property, being the subject matter of that proceeding, is in dispute, the Court may, pending the determination by it of the dispute, appoint the Maori Trustee or any other fit person to be a receiver in respect of that property. No appeal to the Appellate Court shall lie from an order under this subsection.
(3)
A receiver appointed under this section shall have all such rights, powers, duties, and liabilities as may be expressly conferred or imposed on him by the Court and such other incidental powers as may be reasonably necessary for the exercise of the powers so conferred:
Provided that a receiver appointed under this section shall not have power to sell any Maori land or to lease any such land otherwise than as provided in subsection four hereof.
(4)
Notwithstanding any of the provisions of this Act as to the alienation of Maori land, a receiver appointed under this section for the purpose of enforcing a charge may, in his own name and with the leave of the Court, grant leases of any land so charged, or licences to remove timber, flax, kauri gum, minerals, or other substances therefrom, for any term not exceeding twenty-one years, on such conditions and for such rent or other consideration as he thinks fit.
1952, No. 52
(5)
Any lease or licence so granted in respect of land subject to the Land Transfer Act 1952 shall be capable of registration under that Act, and the District Land Registrar may register the same accordingly without requiring the production of any certificate of title.
General Provisions as to Orders
34 Procedure with respect to the making and promulgation of orders.
1931, No. 31, s. 43
(1)
The substance of every final order of the Court shall be pronounced orally in open Court. Subject to the provisions of subsection eight hereof, every such order shall take effect according to its tenor as from the commencement of the day on which it is so pronounced. A minute of the order shall forthwith be entered in the records of the Court.
(2)
As soon as practicable after the entry in the records of a minute thereof the order shall be drawn up in writing under the seal of the Court and shall be signed as hereinafter provided.
(3)
Any such order may be signed by the Judge by whom it was made or by any other Judge of the Court, or may be signed by a Registrar acting with the authority in writing of the Judge by whom it was made. Where an order is signed by a Registrar, the Registrar shall add to his signature his description and a reference to the authority by which he so acts.
(4)
Any authority given to a Registrar for the purposes of this section may be limited to a specified order or to orders of a specified kind or class or may be of general application to any orders made by the Judge by whom the authority was given.
(5)
Any authority given to a Registrar under this section may be exercised by a Deputy Registrar unless the contrary is expressed in the instrument conferring the authority.
(6)
The fact that an order of the Court is signed as aforesaid by a Registrar or Deputy Registrar shall be sufficient evidence of his authority so to do.
(7)
The order drawn up, sealed, and signed as hereinbefore provided shall be dated as of the date of the minute thereof and shall relate back to that date. The validity and operation of all intermediate orders, instruments, proceedings, and transactions shall be determined accordingly.
(8)
No order shall be questioned or invalidated on the ground of any variance between the order as so drawn up, sealed, and signed and the minute thereof; and in the case of any such variance the order shall prevail over and supersede the minute thereof.
1952, No. 52
(9)
No freehold order or partition order and no final vesting order made for the purposes of a consolidation scheme under Part XVIII hereof shall be sealed and signed unless and until a plan of the land affected thereby has been prepared in form and manner sufficient for purposes of registration under the Land Transfer Act 1952, and the order as so sealed and signed shall describe the land affected thereby by reference to the said plan. The Court may, if in any case it thinks fit so to do, extend the foregoing provisions of this subsection to apply with respect to any order affecting land, not being an order of a kind herein specified.
(10)
Except with the leave of the Court, no order from which there is a right of appeal to the Appellate Court shall issue from the office of the Court before the time allowed for appeal has expired or, in the event of an appeal, before the appeal has been duly disposed of.
(11)
The Court may at any time cause duplicates of any order to be sealed and signed. Every such duplicate shall have the word “Duplicate”
written or stamped thereon, and shall have the same evidentiary value as the order of which it is a duplicate.
(12)
Where by this Act or any other Act provision is made for production of an order of the Court to any District Land Registrar or other person, for purposes of registration or otherwise, it shall be sufficient compliance with that provision if a duplicate of the order, or a copy thereof issued under the seal of the Court and certified by a Judge or Registrar as a correct copy, is so produced.
35 Orders nominally in favour of deceased persons.
1931, No. 31, s. 45
No order of the Court shall be invalid because made in favour or otherwise in respect of a person who is dead at the time of the making, sealing, or date of the order. In any such case (subject to any special provisions elsewhere contained in this Act) the order may at any time be amended by the Court so as to conform to the facts of the case as existing at the date of the order, and any such amendment shall take effect from the date of the amended order.
36 Registration of orders affecting title to land.
Ibid., s. 46 1952, No. 52
(1)
Any order of the Court affecting or relating to the title to land may be registered against the title to that land either under the Land Transfer Act 1952 or the Deeds Registration Act 1908, as the case may be.
(2)
For the purposes of registration the order shall be transmitted by the Registrar of the Court to the District Land Registrar or the Registrar of Deeds, as the case may be; and the said District Land Registrar or Registrar of Deeds shall thereupon (subject to any other provisions of this Act) register the same accordingly. The production of the certificate of title shall not be necessary for the purposes of any such registration under the Land Transfer Act 1952.
(3)
Until registration has been so effected, an order of the Court in respect of land subject to the Land Transfer Act 1952 shall affect only the equitable title thereto.
(4)
Nothing in this section shall affect or modify any special provisions made elsewhere in this Act or in any other Act for the registration of any such order.
Part V The Maori Appellate Court
37 Maori Appellate Court constituted.
1931, No. 31, s. 55
There shall continue to be a Court of record to be called as heretofore the Maori Appellate Court (hereinafter in this Act referred to as the Appellate Court), which shall be the same Court as that existing under the same name immediately prior to the commencement of this Act.
38 Constitution of Appellate Court.
1931, No. 31, ss. 56, 57
(1)
The Judges of the Maori Land Court for the time being shall be the Judges of the Appellate Court.
(2)
Any two or more Judges shall have power to act as the Appellate Court.
(3)
The Appellate Court may sit in two or more divisions at the same time, and each division shall have all the powers and jurisdiction of the Appellate Court.
(4)
The Chief Judge, if present, or in his absence either the senior Judge present or another Judge to be appointed in that behalf by the Chief Judge, shall preside in the Appellate Court.
(5)
Proceedings in the Appellate Court may be continued before Judges other than those before whom they were commenced.
39 Decision of majority to be decision of Court.
Ibid., s. 58
(1)
The decision of the Appellate Court shall be in accordance with the opinion of the majority of the Judges present.
(2)
If the Judges present are equally divided in opinion, the order appealed from or under review shall be deemed to be affirmed.
40 Rules of Court.
Ibid., s. 59
(1)
The Governor-General may from time to time, by Order in Council, make such rules (hereinafter termed Rules of Court) as are consistent with this Act for the purpose of regulating the practice and procedure of the Appellate Court, prescribing the terms and conditions on which appeals to that Court may be brought, prosecuted, or withdrawn, and prescribing the fees payable in respect of the proceedings of that Court.
(2)
Any such rules may require an appellant to give security for the costs of the appeal, and may provide for the dismissal of an appeal by the Maori Land Court or by a Judge thereof on the ground of the failure of the appellant to conform to any such requirement or to prosecute his appeal in accordance with the said rules; and no appeal to the Appellate Court shall lie from any such dismissal of an appeal.
(3)
Rules made under this section in relation to fees may prescribe conditions on which such fees may in any case be reduced or remitted and may also authorize the Appellate Court to remit any outstanding fees which, by reason of lapse of time or for any other reason have in the opinion of the Court become irrecoverable.
41 Sittings of Appellate Court.
1931, No. 31, s. 60
The times and places of the sittings of the Appellate Court shall be determined in accordance with Rules of Court.
42 Appeals from Maori Land Court.
Ibid., s. 61
(1)
Except as expressly provided to the contrary in this or any other Act, the Appellate Court shall have jurisdiction to hear and determine appeals from any final order of the Maori Land Court, whether made under this Act or under any other authority in that behalf.
(2)
Any such appeal may be brought at the suit of any party to the proceedings in which the order is made, or at the suit of any person bound by the order or materially affected thereby.
(3)
Every such appeal shall be commenced by notice of appeal given in manner prescribed by Rules of Court within two months after the date of the minute of the order appealed from.
43 Appeals from provisional determinations as to title to land.
Ibid., s. 62
(1)
By leave of the Maori Land Court, but not otherwise, an appeal shall lie to the Appellate Court from any provisional or preliminary determination of the Maori Land Court made in the course of any proceedings for the ascertainment of the title to customary land or for partition.
(2)
Any such appeal may be brought at the suit of any person who is materially affected by the determination appealed from or who would be bound by an order made in pursuance thereof.
(3)
When leave to appeal is so given, the Court may either stay further proceedings in the matter or continue the same, but no final order shall be made until the appeal has been finally disposed of or dismissed.
(4)
When any such appeal has been determined by the Appellate Court, no further appeal shall lie at the suit of any person from any final order thereafter made in those proceedings by the Maori Land Court, so far as that order conforms to the determination of the Appellate Court.
44 Successive appeals in respect of same matter.
Ibid., s. 63
Successive appeals to the Appellate Court may be brought in respect of the same order at the suit of different persons, but no matter determined on appeal shall be again brought in question in any other appeal.
45 Powers of Appellate Court on appeal.
1931, No. 31, s. 64
On any appeal the Appellate Court may by order do such one or more of the following things as it thinks fit, that is to say:
(a)
It may affirm the order appealed from:
(b)
It may annul or revoke that order, with or without the substitution of any other order therefor:
(c)
It may vary that order:
(d)
It may direct the Maori Land Court to make such other or additional order as the Appellate Court thinks fit:
(e)
It may direct a rehearing by the Maori Land Court:
(f)
It may make any order which the Maori Land Court could have made in the proceedings:
(g)
It may dismiss the appeal.
46 Orders made by Appellate Court to be sealed and signed.
(1)
A minute of every order made by the Appellate Court shall forthwith be entered in the records of that Court.
(2)
As soon as practicable thereafter the order shall be drawn up in writing under the seal of the Appellate Court and shall be signed by the Chief Judge or by the Judge presiding in the Appellate Court.
47 Commencement of orders.
Ibid., ss. 65, 66
(1)
Every order made by the Appellate Court shall, subject to the provisions of this section, take effect or be deemed to have taken effect on a date to be specified in that behalf in the order. Different dates may be fixed by the Court as the dates for the commencement of different provisions of any order.
(2)
In so far as an order of the Appellate Court varies an order of the Maori Land Court, the order of the Appellate Court may be made to take effect on a date not earlier than the date on which the order so varied would have taken effect if there had been no appeal therefrom.
(3)
Any order made by the Maori Land Court by direction of the Appellate Court pursuant to paragraph (d) of section forty-five hereof shall, in accordance with the terms of the order of the Appellate Court, take effect on the date fixed by section thirty-four hereof for the taking effect of the order appealed from, or from the date fixed by that section for the taking effect of orders of the Court, or from a date to be specified in that behalf by the Appellate Court.
(4)
An order made by the Appellate Court pursuant to paragraph (f) of section forty-five hereof shall, as the Appellate Court may determine, take effect on the date fixed by section thirty-four hereof for the taking effect of the order appealed from, or on the date of the minute of the order entered in the records of the Appellate Court, or on any other date fixed by the Appellate Court in that behalf.
(5)
If in any case the Appellate Court fails to specify the date on which the order of the Court shall take effect, it shall take effect on the commencement of the day of the date of the minute thereof entered in the records of the Appellate Court.
48 Application of certain provisions to orders of Appellate Court.
1931, No. 31, s. 66(3)
Subject to the special provisions of this Part of this Act, all the provisions of sections thirty-four, thirty-five, and thirty-six hereof with respect to orders made by the Maori Land Court shall, with any necessary modifications, extend and apply to orders of the Appellate Court.
49 Alterations in registration of title.
Ibid., s. 67
If any order of the Maori Land Court that is annulled or revoked or varied by the Appellate Court, or if any other order or any instrument affected by the annulment or variation, has been registered by the District Land Registrar in respect of the title to any land the order of the Appellate Court shall be transmitted to that Registrar for registration, and all necessary consequential amendments in the registration of any title shall be made by him accordingly.
50 Supreme Court may state case for Appellate Court.
Ibid., s. 72
(1)
If any question of fact or of Maori custom or usage relating to the interests of Maoris in any land or in any personal property arises in the Supreme Court, it shall be competent for that Court to cause a case to be stated and to refer the same to the Maori Appellate Court.
(2)
The Maori Appellate Court shall forthwith proceed to consider the case so referred to it, and shall transmit a certificate of its opinion thereon to the Supreme Court.
(3)
The Supreme Court may refer back any case to the Maori Appellate Court for further consideration.
(4)
The opinion of the Maori Appellate Court on any case so stated by the Supreme Court shall not be binding on the Supreme Court.
51 Officers of Maori Land Court to be officers of Appellate Court.
1931, No. 31, s. 68
The Registrars, Deputy Registrars, and other officers of the Maori Land Court shall, without further appointment, act in the like capacity in the Appellate Court.
52 Seal.
Ibid., s. 69
(1)
The Appellate Court shall have in the custody of each Registrar a seal of that Court for sealing documents which require to be sealed.
(2)
The seal of the Appellate Court shall be in such form as the Governor-General from time to time directs. The seal in use at the commencement of this Act shall continue to be the seal of the Appellate Court unless and until a new seal is duly prescribed by the Governor-General.
Part VI Miscellaneous Provisions Relating to Maori Land Court and the Appellate Court
53 Interpretation.
In the following provisions of this Part of this Act the term “Court”
includes, unless the context otherwise requires, both the Maori Land Court and the Appellate Court.
54 Application of Evidence Act.
Ibid., s. 22
(1)
The Court may act on any testimony, sworn or unsworn, and may receive as evidence any statement, document, information, or matter which in the opinion of the Court may assist it to deal effectually with the matters before it, whether the same would, apart from this section, be legally admissible evidence or not.
(2)
Subject to the foregoing provisions of this section, the Evidence Act 1908 shall apply to the Court and to the Judges thereof, and to all proceedings therein, in the same manner as if the Court were a Court within the meaning of that Act.
55 Persons before whom affidavits, etc., may be made.
1931, No. 31, s. 23
Affidavits, declarations, or affirmations to be used in any proceeding before the Court may be sworn or made before a Judge, Commissioner, or Registrar of the Court, or before a solicitor of the Supreme Court or a Justice of the Peace.
56 Contempt of Court.
1931, No. 31, s. 24
(1)
Subject to the provisions of subsection three hereof, every person shall be guilty of contempt of Court who,—
(a)
Having been duly summoned in accordance with Rules of Court to give evidence before the Court or to produce any document, neglects or fails without sufficient cause shown by him to appear or to produce any such document; or
(b)
Being present in Court, whether summoned to attend or not, and being required to give evidence or to produce any document then in his possession, refuses to be sworn or to give evidence or to produce that document; or
(c)
Having been sworn to give evidence in any proceeding, neglects or fails without sufficient cause shown by him to appear before the Court at such time as the Court directs for the purpose of giving further evidence in that proceeding.
(2)
Any person who is guilty of contempt of Court in accordance with this section may, whether he is present in Court or not, be sentenced by the Court to pay a fine not exceeding twenty pounds; and in default of payment may, by warrant under the hand of any Judge, be committed to any prison or police gaol, there to be imprisoned for any term not exceeding fourteen days.
(3)
No person shall be convicted of an offence under paragraph (a) of subsection one hereof unless, on service of the summons or subsequently thereto, but before the time when in terms of the summons he has been required to appear before the Court, payment or tender of his expenses has been made to him. If a scale of expenses has been prescribed, payment or tender shall be made in accordance with that scale; if no such scale is prescribed, or in any case to which a prescribed scale does not apply, reasonable expenses shall be paid or tendered.
57 Orders as to costs.
Ibid., s. 25
(1)
In any proceedings the Court may make such order as it thinks just as to the payment of the costs thereof, or of any proceedings or matters incidental or preliminary thereto, by or to any person who is a party to those proceedings.
(2)
In any proceedings and at any stage thereof the Court may require any party thereto to deposit any sum of money as security for costs, and in default of that deposit being made the Court may stay the proceedings either wholly or in respect of the party so in default.
(3)
When any sum has been so deposited as security for costs, it shall be disposed of in such manner as the Court directs.
(4)
When in any proceedings an order is made by the Court affecting or relating to the title to land or to any interest in land, the Court may make an order charging the whole or any part of the costs of the proceedings upon the said land or upon the said interest.
(5)
Any order made under this section for the payment of costs or imposing a charge for costs may, when made in open Court, either specify the sum or sums so payable or charged, or leave the amount thereof to be determined by taxation in accordance with Rules of Court; but in the latter case the order as drawn up and sealed shall specify the sum or sums so determined by taxation.
58 Appearance by barrister, solicitor, etc.
1931, No. 31, s. 26
(1)
Any party or other person entitled to appear in any proceedings in the Court may appear either personally or, with the leave of the Court, by a barrister or solicitor of the Supreme Court or any other agent or representative.
(2)
Any such leave may be given on such terms as the Court thinks fit, and may at any time be withdrawn.
59 Court may amend proceedings.
Ibid., s. 35
(1)
The Court on the application of any party or of its own motion shall have power in the course of any proceedings to amend any defects or errors therein.
(2)
All such amendments may be made on such terms as the Court thinks fit.
60 Amendment of orders, warrants, etc.
Ibid., s. 36
(1)
The Court or any Judge thereof may at any time make or authorize to be made in any order, warrant, record, or other document made, issued, or kept by the Court all such amendments as are considered necessary to give effect to the true intention of any decision or determination of the Court or to record the actual course and nature of any proceedings in the Court.
(2)
Any such amendment shall take effect as of the date of commencement of the order, warrant, record, or other document so amended.
61 Amendment or cancellation of orders not to affect acquired rights.
1931, No. 31, s. 37
(1)
Where, whether pursuant to section sixty hereof or to any other authority, any order, warrant, record, or other document is amended or cancelled, the amendment or cancellation shall not take away or affect any right or interest acquired in good faith and for value before the making of the amendment or before the cancellation.
(2)
If any order or other document so amended or cancelled has theretofore been registered by a District Land Registrar, the order of amendment or cancellation shall be transmitted to him, and he shall thereupon make all necessary consequential amendments in the registration of the title to any land affected thereby.
62 Orders exempt from stamp duty.
Ibid., s. 48
Subject to any provisions elsewhere contained in this Act, no order of the Court shall be subject to stamp duty under the Stamp Duties Act 1923.
63 Persons bound by orders affecting land.
1931, No. 31, s. 49
Every order of the Court affecting the title to Maori land or any interest therein shall bind all persons having any estate or interest in that land, whether or not they were parties to or had notice of the proceedings in which the order was made, and whether or not they are subject to any disability.
64 Proceedings not removable into Supreme Court.
Ibid., s. 50
(1)
No order or other proceeding of the Court shall be removed by certiorari or otherwise into the Supreme Court.
(2)
No order made by the Court shall be invalid because of any error, irregularity, or defect in the form thereof or in the practice or procedure of the Court.
(3)
Nothing in the foregoing provisions of this section shall apply to any order which, in its nature or substance, and independently of its form or of the practice or procedure of the Court, was made without or in excess of jurisdiction.
(4)
Every order made by the Court shall be presumed in all Courts and in all proceedings to have been made within the jurisdiction of the Court, unless the contrary is proved or appears on the face of the order.
65 Enforcement of orders for payment of money.
(1)
For the purpose of enforcing any order made by the Court for the payment of money the Chief Judge may, with or without the application of any party, transmit a copy of the order, under his hand and the seal of the Court by which the order was made, to a Magistrate’s Court, and the same shall thereupon be filed as of record in that Court.
(2)
On the filing of a copy of any such order the order shall so long as it remains in force be deemed, for the purposes of the enforcement thereof, to be a judgment of the Magistrate’s Court in an action for the recovery of a debt, and may be enforced accordingly in accordance with the practice of that Court.
(3)
For the purpose of the enforcement in accordance with this section of any order made by the Maori Land Court or the Appellate Court, a certificate under the hand of a Judge of the Maori Land Court, with reference to any proceedings of that Court or of the Appellate Court in the matter in which the order was made, or setting forth any particulars relating to the performance or non-performance by any person of the requirements of that order, shall, unless the contrary is proved, be accepted by the Magistrate’s Court and by all officers thereof as sufficient evidence of the facts so certified.
(4)
The filing in the Magistrate’s Court pursuant to this section of a copy of an order made by the Maori Land Court or the Appellate Court shall in no way affect any right or power of rehearing, appeal, amendment, or cancellation existing in respect of that order.
66 Enforcement of injunctions by Supreme Court.
1931, No. 31, s. 41
(1)
For the purpose of enforcing any order made by the Court by way of injunction the Chief Judge may, with or without the application of any party, transmit a copy of the order, under his hand and the seal of the Court by which the order was made, to any Registrar of the Supreme Court, and the same shall thereupon be filed as of record in the Supreme Court.
(2)
On the filing in the Supreme Court of a copy of the order the injunction shall be deemed, for the purposes of the enforcement thereof, to have been issued by the Supreme Court, and may be enforced by writ of attachment or otherwise in accordance with the practice of that Court.
(3)
For the purposes of this section a certificate under the hand of a Judge of the Maori Land Court, with reference to any proceedings of that Court or of the Appellate Court in the matter in which any order by way of injunction was made, or setting forth any particulars relating to the performance or nonperformance by any person of the requirements of that order, shall, unless the contrary is proved to the satisfaction of the Supreme Court, be accepted by the Supreme Court and by all officers thereof as sufficient evidence of the facts so certified.
(4)
The filing in the Supreme Court pursuant to this section of a copy of an order made by the Maori Land Court or the Appellate Court shall in no way affect any right or power of rehearing, appeal, amendment, or cancellation existing in respect of that order.
(5)
Notwithstanding anything in the foregoing provisions of this section, every person commits an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months who disobeys or fails to comply with any injunction issued by the Court in the exercise of its jurisdiction under this or any other Act; but no proceedings shall be taken under this subsection in respect of any injunction after a copy of the injunction has been filed in the Supreme Court.
67 Case may be stated for Supreme Court.
1931, No. 31, s. 71
(1)
The Appellate Court or, with the sanction of the Chief Judge, the Maori Land Court may in any proceedings before it state a case for the opinion of the Supreme Court on any point of law that arises in those proceedings. Any such case may at any time before the hearing thereof by the Supreme Court be withdrawn by the Chief Judge.
(2)
The decision of the Supreme Court on any case stated under this section shall be subject to appeal to the Court of Appeal, and any case so stated for the opinion of the Supreme Court may be removed into the Court of Appeal for hearing.
(3)
The decision of the Supreme Court or Court of Appeal, as the case may be, on any case stated under this section shall be binding on the Maori Land Court and the Appellate Court.
68 Orders affecting Maori land conclusive after ten years.
Ibid., s. 51
(1)
No order made by the Court with respect to Maori land shall, whether on the ground of want of jurisdiction or on any other ground whatsoever, be annulled or quashed, or declared or held to be invalid, by any Court in any proceedings instituted more than ten years after the date of the order.
(2)
Where there is any repugnancy between two orders each of which would otherwise by reason of the lapse of time be within the protection of this section, then, to the extent of any such repugnancy, the order which bears the earlier date shall prevail over and supersede the later order, whether those orders were made by the same or by different Courts.
(3)
Nothing in this section shall affect the authority of the Chief Judge to cancel or amend any order pursuant to any powers expressly conferred on him as the Chief Judge.
69 Penalty for wilfully insulting Judge, etc.
1931, No. 31, s. 52
(1)
If any person wilfully insults or obstructs or interferes with any Judge, Commissioner, Registrar, or other officer of the Court during his sitting or attendance in Court, or in going to or returning from the Court, or interferes with any witness in Court, or wilfully interrupts the proceedings of the Court, or is guilty of any other wilful misbehaviour at any sitting of the Court, it shall be lawful for a constable or any officer of the Court, with or without the assistance of any other person, by order of any Judge sitting in the Court, to take the offender into custody and detain him until the rising of the Court.
(2)
Any such offender may, by warrant under the hand of any such Judge and the seal of the Court, be committed to any prison or police gaol for any term not exceeding fourteen days, or may be ordered by any such Judge to pay a fine not exceeding ten pounds, and in default of payment of that fine may by warrant as aforesaid be committed to any prison or police gaol for any term not exceeding fourteen days.
(3)
No such fine shall be imposed and no such warrant shall be issued (except a warrant issued in default of payment of a fine) until the offender has been afforded a reasonable opportunity of showing cause against the imposition of the fine or the issue of the warrant.
70 Penalty for obstructing officers of Court.
Ibid., s. 53
If any person wilfully obstructs or interferes with any Judge, Commissioner, Registrar, Receiver, or other officer of the Court in the execution of his powers or duties, that person commits an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding one month.
Part VII Interpreters
71 Governor-General may license interpreters.
1931, No. 31, ss. 507, 509
(1)
The Governor-General may from time to time grant under his hand licences to qualified persons authorizing them to act as Interpreters of the Maori language for the purposes of this Act.
(2)
No person shall be capable of being licensed as an Interpreter unless he has passed the examination and fulfilled the conditions prescribed by regulations under this Act.
(3)
Where in any Act other than this Act or in any regulations or in any document existing on the commencement of this Act reference is made to an Interpreter of the first grade licensed as such under the Maori Land Act 1931, that reference shall hereafter be deemed to include every person who is licensed as an Interpreter after the commencement of this Act and every person who has been heretofore licensed as an Interpreter of the first grade.
72 Powers of Governor-General with respect to Interpreters.
Ibid., s. 510
(1)
The Governor-General may at any time and for any reason, by notice in writing under his hand,—
(a)
Revoke the licence of any Interpreter; or
(b)
Suspend an Interpreter from the exercise of his licence, either for a specified period or during the Governor-General’s pleasure; or
(c)
Revoke any such suspension.
(2)
Every notice under this section shall be published in the Gazette, and, subject to subsection three hereof, no such notice shall have effect unless it has been so published.
(3)
Every such notice shall take effect as from a date to be specified therein in that behalf (which may be the date of publication or an earlier or later date), and if no date is so specified shall take effect on the date of the Gazette in which it is published.
73 Judge may suspend Interpreter.
Ibid., s. 511
(1)
A Judge of the Court may, at any time and for any reason which appears sufficient to him, suspend an Interpreter from the exercise of his licence for a period not exceeding three months. The suspension of an Interpreter pursuant to this section shall be forthwith reported by the Judge to the Governor-General, with the reasons therefor.
(2)
The Governor-General may thereupon, in his discretion, either revoke the suspension or confirm the same, or exercise in respect of that Interpreter any of the powers conferred on him by section seventy-two hereof.
74 Court may investigate complaints against Interpreters.
(1)
The Court on the application of the Minister or of its own motion may investigate any complaint made to the Minister or the Court concerning the conduct of any Interpreter in relation to his duties.
(2)
On completion of any such investigation the Court, unless in its opinion the complaint is trivial, shall report its findings to the Minister, with such recommendations as in the circumstances it thinks fit.
(3)
Nothing in this section shall preclude, with respect to any Interpreter whose conduct is so investigated, the exercise by any Judge of the Court of the power of suspension conferred by section seventy-three hereof.
75 Offences.
1931, No. 31, s. 512
Every person commits an offence, and is liable on summary conviction to a fine not exceeding fifty pounds, who—
(a)
Acts as or pretends to be a licensed Interpreter under this Act when not so licensed; or
(b)
Acts as a licensed Interpreter under this Act at any time while his licence is suspended; or
(c)
Refuses or neglects, when so required by the Minister or by a Judge of the Court, or by any person authorized by the Minister or by any such Judge, to deliver up his licence for cancellation or temporary detention, as the case may be, when that licence has been revoked or suspended.
76 Validity of licences.
Ibid., s. 514
(1)
Every licence granted by the Governor-General to an Interpreter, whether before or after the commencement of this Act, shall be conclusive proof that the licence was duly granted.
(2)
No act done by an Interpreter, whether before or after the commencement of this Act, while in possession of his licence, shall be invalid because of the suspension or revocation of that licence.
77 Regulations.
Ibid., s. 515
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a)
Prescribing the mode of examination of candidates for licences as Interpreters and the conditions to be fulfilled by any such candidates:
(b)
Prescribing the fees to be paid by candidates for examination as aforesaid, and the fees to be paid by applicants for licences under this Part of this Act:
(c)
Prescribing forms of licences and any other matters deemed necessary or expedient for the administration of this Part of this Act:
(d)
Prescribing a scale of fees which may be charged by Interpreters in the exercise of their powers and functions.
Part VIII Marriages of Maoris
78 Marriages of Maoris to be in accordance with Marriage Act.
1951, No. 75, s. 8(1)
Every marriage to which any Maori is a party shall be celebrated in the same manner, and its validity shall be determined by the same law, as if each of the parties was a European; and all the provisions of the Marriage Act 1908 shall apply accordingly.
79 Marriages in accordance with Maori custom.
1951, No. 75, s. 8(6)
(1)
No marriage in accordance with Maori custom that has been entered into on or after the first day of April, nineteen hundred and fifty-two, shall be regarded as being a valid marriage for any purpose.
(2)
Except as expressly provided by this Act, no marriage in accordance with Maori custom that has been entered into before the first day of April, nineteen hundred and fifty-two, shall be regarded as being a valid marriage for any purpose.
Part IX Adoption of Children by Maoris
80 Adoptions according to Maori custom not operative.
1931, No. 31, s. 202
(1)
No Maori shall hereafter be capable or be deemed at any time since the commencement of the Native Land Act 1909 to have been capable of adopting any child in accordance with Maori custom, and, except as provided in subsection two hereof, no adoption in accordance with Maori custom shall be of any force or effect, whether in respect of intestate succession to Maori land or otherwise.
(2)
Any adoption in accordance with Maori custom that was made and registered in the Maori Land Court before the thirty-first day of March, nineteen hundred and ten (being the date of the commencement of the Native Land Act 1909), shall during its subsistence be deemed to have and to have had the same force and effect as if it had been lawfully made by an order of adoption under Part IX of the Native Land Act 1909.
81 Jurisdiction of Court with respect to adoption of children.
1931 No. 31, s. 203 1940, No. 25, s. 3(1) 1941, No. 22, s. 3 1942, No. 15, s. 3 1951, No. 75, s. 8(4)
(1)
The Court shall have jurisdiction to make orders of adoption in accordance with this Part of this Act and it shall not be lawful for any Magistrate to make an order under the Infants Act 1908 for the adoption of any child by a Maori.
(2)
An order of adoption may be made under this Part of this Act in respect of any child being a Maori or the descendant of a Maori, but shall not be made in respect of any other child. The decision of the Court that any child is capable of being adopted under this Part of this Act shall not be questioned in any Court.
(3)
An order of adoption under this Part of this Act may be made—
(a)
In favour of an unmarried Maori, whether male or female:
(b)
In favour of a married Maori, whether the spouse of the adopting parent is a Maori or a European:
(c)
In favour jointly of a husband and wife, being Maoris, or in favour jointly of a husband and wife if one of the spouses is a Maori.
(4)
Where a child has, whether before or after the commencement of this Act, been adopted by a Maori, the Court may in the lifetime of the adopting parent make an order of adoption jointly in favour of the adopting parent and his wife or her husband, as the case may be, whether or not the spouse of the adopting parent is a Maori.
82 Applications for orders of adoption.
1931, No. 31, s. 204
(1)
No order of adoption under this Part of this Act shall be made except on the application of the adopting parent made in the form and manner prescribed by Rules of Court.
(2)
Any such application may be made jointly by a husband and wife, and in any such case the order of adoption may be made in favour of both or either of the applicants, but no such order shall be made in favour of a European to the exclusion of a Maori spouse.
83 Matters as to which Court to be satisfied before making order.
1931, No. 31, s. 206
No order of adoption shall be made unless the Court is satisfied—
(a)
That the child to be adopted is under the age of fifteen years:
(b)
That the adopting parent (if unmarried) is at least thirty years older than the child:
(c)
That, if in the opinion of the Court the child proposed to be adopted is twelve years of age or upwards, the child consents to the adoption:
(d)
That the adopting parent is a fit and proper person to have the care and custody of the child and is of sufficient ability to maintain the child, and that the adoption will not be contrary to the welfare and interests of the child.
84 Necessity for consent of natural parents.
Ibid., s. 207
No order of adoption shall be made without the consent of the parents, or of the surviving parent (if any) of the child, whether that child is legitimate or illegitimate:
Provided that the consent of the father of an illegitimate child shall not be required unless he has, with the concurrence of the mother, admitted paternity or unless he has been adjudged to be the father of the child on a complaint made under Part II of the Destitute Persons Act 1910:
Provided also that consent to the adoption of a child shall not be required in the case of any parent as to whom the Court is satisfied—
(a)
That he or she has deserted the child; or
(b)
That he or she is for any reason unfit to have the custody and care of the child.
85 One order only in respect of adopted child.
1931, No. 31, s. 208
No child adopted under this Part of this Act shall in the lifetime of the adopting parent, and while the order of adoption remains in force, be adopted by any other person except the husband or wife of the adopting parent.
86 Effect of order of adoption.
1931, No. 31, s. 209
An order of adoption made under this Part of this Act or under the corresponding provisions of any former Act shall for all purposes have the same force and effect as an order of adoption lawfully made under Part III of the Infants Act 1908:
Provided that an order of adoption made before the commencement of this Act shall not affect the operation of any rule of Maori custom as to intestate succession to Maori land.
87 Name of adopted child.
1950, No. 98, s. 13
In any order of adoption under this Part of this Act the Court may confer the name of the adopting parent or of either of the adopting parents on the adopted child, with such proper or Christian name or names as the Judge on the application of the adopting parent or parents may fix.
88 Annulment of orders of adoption.
1931, No. 31, s. 210
(1)
At any time before an adopted child has attained the age of twenty-one years the order of adoption may, on the application of the adopting parent or the adopted child, or on the application of some person on behalf of the adopted child, be annulled by the Court on any ground which the Court thinks sufficient.
(2)
In any such case, subject to the conditions (if any) set forth in the order of annulment, the child and his natural parents shall as from the date of that order be restored to the same position inter se as if no such adoption had been effected.
89 Appeals to Appellate Court.
Ibid., s. 211
Subject to the express provisions of this Part of this Act, the jurisdiction thereby conferred upon the Court in respect of adoption shall be discretionary; but an appeal from any order made under this Part of this Act shall lie to the Appellate Court on the same conditions and in the same manner as in the case of other orders of the Court at the suit of any person interested in the making of that order.
90 Particulars as to adoptions to be furnished to Registrar-General.
1951, No. 22
The Registrar of the Court shall from time to time furnish to the Registrar-General appointed under the Births and Deaths Registration Act 1951 such particulars as may be lawfully required with respect to orders of adoption made under this Part of this Act.
Part X Persons Under Disability
91 Persons under disability.
1936, No. 53, s. 45 1938, No. 23, s. 4
In this Part of this Act the expression “person under disability”
means any person who is a minor, or of unsound mind, or in prison or other place of detention, or who, by reason of age, or of physical or mental infirmity, or of his intemperate or recklessly extravagant habits, or improvidence, is in the opinion of the Court—
(a)
Unable, wholly or partially, to manage his own affairs; or
(b)
Subject to or liable to be subjected to undue influence in respect of his estate, or the disposition thereof or of any part thereof; or
(c)
Otherwise in a position which renders it necessary in his own interests or in the interests of any person or persons dependent on him that a trustee should be appointed in respect of his property or any part thereof, in accordance with this Part of this Act.
92 Pending appointment of trustee under this Part, Maori Trustee to manage affairs of Maoris detained in mental hospital.
1930, No. 33, s. 17
(1)
Pending the appointment of a trustee under this Part of this Act in respect of any Maori who is a person under disability by reason of the fact that he is of unsound mind, the Maori Trustee shall, in respect of that Maori, have the same powers, functions, duties, and liabilities as if he had been duly appointed, without any limitation, prohibition, or restriction, as trustee of that Maori in respect of all his property pursuant to the following provisions of this Part.
(2)
The powers conferred on the Maori Trustee by this section shall commence to operate on receipt by him of a notice in writing, signed by or on behalf of any responsible person, to the effect that a reception order under the Mental Defectives Act 1911 has been made in respect of any Maori named in the notice.
(3)
Unless and until the contrary is proved to the satisfaction of the Maori Trustee, any notice purporting to be given for the purposes of this section may be accepted by him as conclusive proof that the person in respect of whom the notice is given is a Maori.
(4)
The powers, duties, functions, and liabilities of the Maori Trustee under this section shall continue until he has received notice in writing, signed by or on behalf of some responsible person:
(a)
That the person in respect of whom he is acting has died; or
(b)
That a trustee for that person has been duly appointed under this Part; or
(c)
That the person has been discharged under the Mental Defectives Act 1911, and it appears from the notice of discharge that he is able to manage his own affairs.
(5)
Where any person has been discharged under the Mental Defectives Act 1911, and it does not appear from the notice of discharge that he is able to manage his own affairs, the powers, duties, functions, and liabilities of the Maori Trustee under this section shall cease and determine upon receipt by him of a certificate signed by a Judge of the Court to the effect that the person in respect of whom the certificate is given is capable of managing his own affairs.
93 Court may appoint trustee of person under disability.
1931, No. 31, s. 213 1947, No. 59, s. 16
(1)
If any Maori (being a person under disability) is entitled at law or in equity to any interest in any real or personal property (other than customary land), or if any European (being a person under disability) is entitled at law or in equity to any share or interest in Maori freehold land, the Court may, if it thinks fit, on the application of that person or of any other person, make an order appointing a trustee or trustees of the person so under disability in respect of the property or any defined part thereof to which he is so entitled:
Provided that no order shall be made in respect of a European entitled as aforesaid to any share or interest in Maori freehold land if there is any person who is duly authorized to administer the estate or manage the affairs of that European.
(2)
No person other than the Maori Trustee shall be appointed as the trustee of a person under disability, except in cases where it appears to the Court that the appointment of some person other than the Maori Trustee is advisable in the interests of the person under disability. Where any person other than the Maori Trustee is appointed a trustee pursuant to this section, the Court may require him to give such security as it may prescribe for the proper administration of the trust property.
(3)
Every order made under this section shall define in general or specific terms the property in respect of which it is made (hereinafter called the trust property) and the nature of the interest of the beneficiary therein.
(4)
Any order appointing a trustee of a person under disability (whether made before or after the commencement of this Act) shall, while it continues in force, remain effective in respect of any land or interest in land defined therein, notwithstanding that the land affected may have become or may be held to be European land.
(5)
Where any land or interest in land comprised in the trust property becomes the subject matter of an exchange order, partition order, consolidation order, or other order made by the Court pursuant to any of the provisions of this Act, any property to which the beneficiary becomes entitled by virtue of any such order shall, unless the Court otherwise declares, be deemed to be part of the trust property and subject accordingly to the authority of the trustee.
94 Order of appointment of trustee to state nature of disability, etc.
1931, No. 31, s. 214
(1)
Every order appointing a trustee under this Part of this Act shall state the nature of the disability of the beneficiary, and if that disability consists in the minority of the beneficiary the order shall state the age of the beneficiary.
(2)
Except where the order specifies the date of the birth of. the beneficiary, any such statement as to his age shall be construed as meaning that he attained that age on the date of the order, and it shall not be necessary for the Court in making any such order to make inquiry as to the date of the birth of the beneficiary.
(3)
Any such statement as to the age of the beneficiary may be amended, but notwithstanding any error in that statement every act done at any time by the trustee shall be as valid as if the statement for the time being contained in the order of appointment was correct, and no act done by the beneficiary in respect of the property comprised in the order after the date therein indicated as the date of his majority shall be invalidated on the ground that the beneficiary was not in fact of the age of twenty-one years.
95 Court may appoint new trustees.
1931, No. 31, s. 215
(1)
Where it is made to appear to the Court that it is expedient to appoint a new trustee in respect of any person under disability, the Court may by order appoint a new trustee or new trustees, either in substitution for or in addition to any existing trustee, and whether or not there is any existing trustee at the time of making the order.
(2)
Any person so appointed shall, unless otherwise provided by the order, have the same powers as if appointed by the original order.
96 Court may limit powers of trustees.
Ibid., s. 216
By any order appointing a trustee under this Part of this Act, or by any subsequent order, the Court may prohibit or restrict, in such manner as it thinks fit, the exercise by the trustee of any powers which would otherwise be vested in him under this Part of this Act, and the Court may at any time remove or vary any such prohibition or restriction.
97 Court may cancel order of appointment.
Ibid., s. 217
The Court may at any time make an order cancelling or varying any order appointing a trustee under this Part of this Act.
98 Registration of orders under this Part.
Ibid., s. 218
An order appointing a trustee under this Part of this Act or cancelling or varying any such order may be registered in manner provided by section thirty-six hereof against the title to any land in respect of which the order is made, and all the provisions of that section shall, as far as applicable, apply accordingly.
99 Termination of powers of trustees of minors.
Ibid., s. 219
Subject to the provisions of section one hundred and nine hereof, the powers of a trustee appointed on the ground of the minority of the beneficiary shall cease and determine, without any order in that behalf, as soon as the beneficiary, in accordance with the provisions of the order and of section ninety-four hereof with respect to his age, attains his majority, and the order appointing the trustee shall thereupon cease to be in force.
100 Trust property to remain vested in beneficiary.
Ibid., s. 220
(1)
Notwithstanding anything to the contrary in any rule of law or equity, the trust property shall not vest in a trustee appointed under this Part of this Act, but shall remain vested in the beneficiary for the same estate and interest as if no such trustee had been appointed.
(2)
Subject to this Part of this Act and to any order of the Court to the contrary, every such trustee shall be entitled to the possession, receipt, and administration of the trust property and of all revenues derived therefrom; and he shall, in the exercise of all powers conferred upon him by this Act, be deemed to be the agent of the beneficiary.
101 Trustee to represent beneficiary in disposition of property.
1931, No. 31, s. 221
(1)
Except so far as is otherwise provided by order of the Court, a trustee under this Part of this Act shall, in respect of the alienation or other disposition of the trust property or any part thereof (other than an alienation or disposition thereof by will), represent the beneficiary and may accordingly exercise in the name and on behalf of the beneficiary all powers in respect of the alienation or other disposition of the trust property which the beneficiary might himself have exercised if he had not been under disability and if no such trustee had been appointed.
(2)
So long as an order appointing a trustee under this Part of this Act remains in force, the beneficiary shall not be capable of exercising any powers in respect of the alienation or disposition of the trust property (other than a disposition thereof by will, if he is possessed of testamentary capacity).
102 Other powers of trustees.
Ibid., s. 222
Except so far as may be otherwise provided by order of the Court or by this Act, a trustee under this Part of this Act may, in the name and on behalf of the beneficiary, do all things in relation to the trust property which he considers necessary or expedient for the advantageous administration thereof in the interests of the beneficiary, and which the beneficiary could himself have done if he had not been under disability and if no such trustee had been appointed.
103 Power of trustee to borrow money.
1950, No. 98, s. 6
(1)
With the leave of the Court first obtained, a trustee under this Part of this Act may borrow money for the purposes of the trust or for the purpose of purchasing a dwelling for the beneficiary under the trust or of purchasing land and erecting a dwelling thereon for the beneficiary, and may (subject in the case of Maori freehold land to the provisions of Part XIX of this Act) mortgage or charge the trust property or any part thereof by way of security for any money so borrowed.
(2)
All property acquired by the trustee pursuant to this section shall on acquisition be deemed to form part of the trust property.
104 Application of trust moneys by trustee.
1931, No. 31, s. 224 1935, No. 39, s. 4
(1)
Subject to any order of the Court to the contrary, a trustee under this Part of this Act may apply any trust moneys in his hands for any of the following purposes:
(a)
The payment of rates, taxes, and other outgoings in respect of the trust property:
(b)
The insurance of the trust property against fire or other risks:
(c)
The payment of expenses incurred in the lawful administration of the trust:
(d)
The payment of principal or interest in respect of charges upon the trust property:
(e)
The making of reasonable provision for the maintenance, education, or advancement of the beneficiary, or of the children of the beneficiary or, with the consent of the Court, of the wife or husband of the beneficiary:
(f)
The management of any land forming part of the trust property as a farm, or the carrying on of any agricultural or pastoral business thereon:
(g)
The erection of buildings, fences, and other structures on any land forming part of the trust property, and the making of any other improvements of that property:
(h)
The keeping in repair of any buildings, fences, or other structures forming part of the trust property:
(i)
The payment of reasonable funeral and other expenses incurred on or in respect of the death of the beneficiary or of the husband or wife or of any child of the beneficiary, or, with the consent of the Court, of any other relative of the beneficiary.
(2)
By leave of the Court, granted on the application of the trustee, a trustee may apply any trust moneys in his hands for the purchase or erection of a dwelling or the purchase of a site for a dwelling for the beneficiary, or for any purpose other than the several purposes specified in subsection one hereof.
105 Court may authorize payments to beneficiary.
1931, No. 31, s. 225
(1)
The Court may from time to time make such order as it thinks fit for the payment or expenditure of any of the revenues or proceeds of the trust property to or for the benefit of the beneficiary.
(2)
The right of the beneficiary to the receipt or expenditure of any such moneys, and his right in any other respect to control the administration of the trust property, shall at all times while the trust remains in force be subject to the discretion of the trustee and to the order of the Court.
106 Powers of surviving or continuing trustees.
1931, No. 31, s. 227
When two or more trustees are appointed under this Part of this Act, all the powers of those trustees may, except when otherwise directed by the Court, be exercised, in the event of the vacation of office by any of the trustees, by the continuing or surviving trustee or trustees.
107 Remuneration of trustees.
Ibid., s. 228
(1)
A trustee under this Part of this Act, other than the Maori Trustee, may be allowed, out of the revenues or proceeds of the trust property, by way of remuneration for his services in administering that property, such reasonable sum as the Court from time to time directs, in addition to all costs, charges, and expenses incurred by him in the execution of his trust.
1953, No. 95
(2)
The Maori Trustee shall be entitled in respect of his services as a trustee under this Part of this Act to such remuneration and fees as may be prescribed pursuant to the Maori Trustee Act 1953.
108 Trustee may be appointed in respect of equitable interests.
1931, No. 31, s. 229
A trustee may be appointed under this Part of this Act in respect of the equitable interest of a beneficiary in any Maori freehold land or other property, notwithstanding the fact that the property is already vested in any other trustee in trust for that beneficiary; and in any such case the two trusts shall be concurrent, but the powers of the trustee under this Part of this Act shall be exercised subject to the powers of the trustee under the pre-existing trust.
109 Trustee of minor may be continued in office.
Ibid., s. 230
(1)
On the application of the trustee or of any person interested, the Court may extend the duration of any order for the appointment of a trustee on the ground of the minority of the beneficiary if it is satisfied that it is in the interests of the beneficiary so to do.
(2)
The Court may exercise the power conferred by this section at any time during the minority of the beneficiary or at any time after the beneficiary has attained his majority and before the trustee has delivered to the beneficiary possession of the trust property.
(3)
When the duration of any order appointing a trustee is extended pursuant to this section, the trustee shall, subject to the terms of the order of extension, continue to have in respect of the beneficiary and of the trust property all the rights, powers, obligations, and duties that he had during the minority of the beneficiary.
(4)
Any order made by the Court under this section extending the duration of an order appointing a trustee shall be deemed to have come into force immediately prior to the attainment of his majority by the beneficiary, and shall continue in force for such period as the Court may fix therein in that behalf, or, if no period is so fixed, shall continue in force until the Court otherwise determines.
Part XI Wills and Succession
General Provisions Relating to Wills
110 Maori wills to be executed in same manner as European wills.
1931, No. 31, s. 169
No will made by a Maori shall be valid unless executed in the same manner as is required by the law in force for the time being in respect of the will of a European, and all the provisions of that law as to the execution of a will and as to the attesting witnesses thereof shall apply accordingly.
111 Requirements as to witnesses.
Ibid., s. 170
(1)
No will made in New Zealand by a Maori (whether written in the English language or in Maori) shall be valid unless one of the attesting witnesses is—
(a)
A solicitor of the Supreme Court;
(b)
A Justice of the Peace;
(c)
A Stipendiary Magistrate;
(d)
A registered medical practitioner;
(e)
An Officiating Minister under the Marriage Act 1908;
(f)
A licensed Interpreter under this Act;
(g)
A Postmaster;
Ibid., Vol. II, p. 1007
(h)
A teacher engaged in a Maori school under the Education Act 1914; or
1945, No. 7
(i)
A nurse registered under the Nurses and Midwives Act 1945.
(2)
Every person whose attestation is rendered necessary by subsection one hereof shall, before attesting the will, satisfy himself as far as practicable that the testator understands the effect thereof, and shall, on attestation, certify on the will that he believes that the testator understands the effect thereof:
Provided that where both of the attesting witnesses are within the classes prescribed by subsection one hereof, it shall be necessary for one only of those witnesses to comply with the provisions of this subsection.
(3)
No will shall be invalidated or deemed to be informally attested by reason of a failure to comply with the provisions of subsection two hereof if the Court is satisfied that the testator understood the effect of the will.
(4)
Where a will is made by a Maori in any place out of New Zealand his competence to make a valid will and the validity of his will shall be determined in all respects as if, at the time of making the will, he was a European who, being domiciled in New Zealand, was out of New Zealand in the same circumstances as the testator:
Provided that nothing in this subsection shall affect the provisions of section one hundred and fourteen hereof (imposing restrictions upon the disposition by will of interests in Maori land and certain other property).
112 Wills of Maori minors.
1931, No. 31, s. 171
(1)
A Maori who is a minor shall be as competent to make a will, whether in or out of New Zealand, as if he were a European domiciled in New Zealand.
(2)
Nothing in this section shall affect the provisions of section one hundred and eleven hereof (as to the execution of wills made in New Zealand) or of section one hundred and fourteen hereof (imposing restrictions upon the disposition by will of interests in Maori land and certain other property).
113 Restrictions on alienation of land not to affect disposition by will.
Ibid., s. 172
Except as may be otherwise expressly provided in any Act, no restriction imposed by any Crown grant or other instrument of title, or by any Act, on the alienation or disposition of Maori land, or on the alienation or disposition of land by a Maori, shall preclude or be deemed to have precluded the alienation or disposition of that land by will.
114 Restrictions on disposition by will of Maori land in favour of Europeans.
1931, No. 31, s. 173
(1)
Except as otherwise provided in this section, no Maori shall be capable of making by will in favour of a European—
(a)
Any disposition of Maori land or of any interest therein; or
(b)
Any disposition of the proceeds, in whole or in part, of the alienation of Maori land or of any interest therein, where the alienation is directed or authorized by the will; or
(c)
Any disposition of an interest in a trust fund to which the provisions of section four hundred and fifty-six hereof apply.
(2)
Nothing in this section shall prohibit any disposition by will in favour of—
(a)
A child or other descendant (whether legitimate or illegitimate) of the testator; or
(b)
The wife or husband of the testator; or
(c)
A person who, if the testator had died intestate, would have been entitled to succeed to his estate or any part thereof; or
(d)
A relative by blood of the testator, whether legitimate or illegitimate.
(3)
Nothing in this section shall prevent the disposition of any property by way of a charitable trust.
(4)
Nothing in this section shall be so construed as to prevent a Maori from appointing by his will a European as his executor or as the trustee of his estate or of any part thereof.
115 Interpretation of Maori wills.
Ibid., s. 174
(1)
In the will of any Maori the term “child”
in relation to the testator or any other person referred to in the will, or any equivalent term, shall be construed, unless a contrary intention appears from the will, as including any child of that person, whether legitimate or illegitimate, who is capable in accordance with Maori custom of taking Maori freehold land by way of intestate succession from that person.
(2)
In the will of any Maori the term “heir”
or “next-of-kin”
, or any similar term used in relation to the testator with reference to any specific property, shall, unless it is expressly stated to the contrary in the will, be construed to refer to the person or persons who, in accordance with the provisions of this Act, would be entitled to succeed to that property if the testator had died intestate with respect thereto.
1952, No. 51
(3)
Section thirty-seven and section thirty-eight of the Property Law Act 1952 shall be read subject to the provisions of this section.
Succession on Intestacy
116 Succession on intestacy.
1931, No. 31, s. 176
(1)
Except as otherwise expressly provided in this Act, the persons entitled on the complete or partial intestacy of a Maori to succeed to his intestate estate, whether real or personal, and the shares in which they are so entitled, shall, so far as the estate consists of property other than beneficial freehold interests in Maori land or other than an interest in a trust fund to which section four hundred and fifty-six hereof applies, be determined in the same manner as if he were a European and as if all the persons living at the death of the intestate who, if they had then attained the age of twenty-one years, would take an absolutely vested interest in any part of the estate, had then attained that age:
Provided that the right of any person to succeed to any property in accordance with this subsection shall not be affected by the fact that he or any person through whom his claim is derived is or was illegitimate.
(2)
Notwithstanding that all or any of the persons entitled in accordance with subsection one hereof to succeed to any part of an intestate estate may not in fact have attained the age of twenty-one years at the death of the intestate, they shall take an absolutely vested interest in the estate in accordance with their several shares, and the estate shall be distributed accordingly.
(3)
Except as otherwise expressly provided in this Act, the persons entitled on the complete or partial intestacy of a Maori or the descendant of a Maori to succeed to his intestate estate so far as it consists of beneficial freehold interests in Maori land, and the shares in which they are so entitled, shall be determined by the Court in accordance with Maori custom.
(4)
The persons entitled on the complete or partial intestacy of a Maori or the descendant of a Maori to succeed to his intestate estate so far as it consists of an interest in a trust fund to which section four hundred and fifty-six hereof applies shall be determined in accordance with the provisions of that section.
1952, No. 56
(5)
Where, in the administration of the intestate estate of any person, any conflict arises between this Act and the Administration Act 1952, the rules for the distribution of the estate prescribed by this Act shall prevail.
117 Rules as to succession on intestacy in special cases.
(1)
The persons entitled on the complete or partial intestacy of a Maori or the descendant of a Maori to succeed to his intestate estate so far as it consists of beneficial freehold interests in Maori freehold land derived by him under or by operation of the will of any Maori or a descendant of a Maori who has died before the commencement of this Act, and the shares in which they are so entitled, shall be determined in accordance with Maori custom as it applies to gifts of land from one Maori to another, and for the purpose of determining the successors the devise of any such land shall be deemed to have been a gift thereof.
(2)
Except as provided in subsection three hereof, the persons entitled on the complete or partial intestacy of a Maori or a descendant of a Maori to succeed to his intestate estate so far as it consists of a beneficial freehold interest in Maori freehold land shall be determined as if that land was European land in any case where the interest of the deceased owner was acquired by him or by a predecessor in title in any of the following ways, namely:
(a)
By way of gift made after the commencement of this Act; or
(b)
Under or by operation of the will of any person who dies after the commencement of this Act; or
(c)
By purchase, whether effected before or after the commencement of this Act, for a pecuniary consideration; or
(d)
By exchange, whether effected before or after the commencement of this Act, for land other than Maori land; or
(e)
By means of a vesting order made under section four hundred and forty of this Act (relating to the vesting of sites for dwellings), or the corresponding provisions of any former Act.
(3)
The rule prescribed by subsection two hereof (for the devolution on intestacy of beneficial freehold interests in certain Maori land as if they were interests in European land) shall not apply in any of the following cases, namely:
(a)
Where the deceased owner personally acquired the interest in any manner referred to in subsection two hereof, if on the death of the owner there is any person who by reason of descent from him is entitled in accordance with Maori custom to succeed to the said interest; or
(b)
Where the interest was acquired in any manner referred to in subsection two hereof by a predecessor in title of the deceased owner, if on the death of the owner there is any person who by reason of descent from the person who originally acquired the said interest in manner aforesaid is entitled in accordance with Maori custom to succeed to that interest; or
(c)
Where the person who originally acquired the interest in any manner referred to in subsection two hereof would have been entitled in accordance with Maori custom to succeed thereto if the person from whom he acquired the land had died intestate possessed of the same. In any case to which this paragraph applies the person who originally acquired any interest as aforesaid shall be deemed to have acquired it by way of intestate succession, and all questions that may arise in relation to that interest shall be determined as if it had been so acquired.
(4)
Nothing in the foregoing provisions of this section shall be construed to invalidate any succession order heretofore made with respect to any interest in Maori land, or to affect any lawful condition subject to which any interest in land has been or is hereafter acquired in manner referred to in subsection two hereof.
Compare: 1931, No. 31, s. 176(3)(a)
Family Maintenance
118 Part II of Family Protection Act not to apply to Maoris.
1931, No. 31, s. 178(5)
The provisions as to family maintenance contained in the Family Protection Act 1908, or in any Act passed in amendment or extension thereof, shall have no application to the estate of a deceased Maori.
119 Court may vary will so as to provide adequate maintenance for widow or children.
1931, No. 31, s. 178
(1)
On the death of any male Maori leaving a will, and without having made adequate provision therein for the proper maintenance of his widow or children or orphan grandchildren, or of any such child or grandchild, the Court may, if it thinks fit, on application made by or on behalf of the widow or of any child or grandchild at any time within two years after the death of the deceased, or within such extended time as may be allowed in accordance with section one hundred and twenty-three hereof,—
(a)
Appoint to the widow an estate for life in the whole or such part of the real estate of the deceased as in the opinion of the Court is required for her maintenance or may appoint to the widow an absolute estate in any land, not being Maori freehold land:
(b)
Appoint to the widow an absolute interest in the whole or such part of the personal estate of the deceased as in the opinion of the Court, having regard to the provision (if any) made for her benefit under paragraph (a) hereof, is required for her maintenance:
(c)
Appoint to any child of the deceased, or to any grandchild of the deceased who was an orphan at the date of his death, an absolute interest in the whole or such part of the real or personal estate of the deceased as in the opinion of the Court is required for the maintenance of that child or grandchild.
(2)
A life estate appointed to the widow under paragraph (a) of subsection one hereof may be made subject to such conditions or limitations with respect to her remarriage or otherwise as the Court thinks fit.
(3)
Every order made under this section shall have the same effect as if it were a disposition lawfully made by the deceased by will, but shall be subject to any alienation or disposition lawfully made after the death of the deceased and before the making of the order.
(4)
On application for probate of any will it shall be the duty of the Court to make inquiry, for the purposes of this section, as to whether or not the testator has made adequate provision therein for the maintenance of his widow, children, and orphan grandchildren (if any).
(5)
For the purposes of this section the term “children”
includes illegitimate children, and the term “grandchildren”
includes the illegitimate children of a son or daughter, whether or not that son or daughter is or was illegitimate, and the term “orphan”
, in relation to a grandchild, means a person whose father or mother, being a son or daughter of the testator, is dead.
1951, No. 75, s. 8
(6)
Any Maori woman who before the first day of April, nineteen hundred and fifty-two, was married to a Maori in accordance with Maori custom, and whose marriage to the deceased was subsisting at the time of his death, shall be deemed to be his widow for the purposes of this section unless at the time of his death he or she was legally married to some other person.
120 Court may vary will of Maori woman to provide for maintenance of husband, children, or orphan grandchildren.
1931, No. 31, s. 178(1)(b) 1951, No. 75, s. 8
(1)
The provisions of section one hundred and nineteen hereof shall apply so as to empower the Court to make provision for the husband, the children, or orphan grandchildren of any Maori woman who dies leaving a will and without having made adequate provision therein for the proper maintenance of her husband, children, or orphan grandchildren (if any), or for any such child or grandchild.
(2)
For the purposes of this section a Maori who before the first day of April, nineteen hundred and fifty-two, was married to a Maori woman in accordance with Maori custom, and whose marriage to the deceased was subsisting at the time of her death, shall for the purposes of this section, be deemed to have been her husband unless at the time of her death he or she was legally married to some other person.
121 Court may make order for maintenance of widow of Maori who dies intestate.
1931, No. 31, s. 177 1951, No. 75, s. 8
(1)
On the death intestate, whether wholly or partially, of any male Maori leaving a widow, the Court may if it thinks fit, on application made by or on behalf of the widow, at any time within two years after the death of the deceased or within such extended time as may be allowed in accordance with section one hundred and twenty-three hereof, and on proof that she has not sufficient land or other property for her maintenance, appoint to the widow, subject to such conditions or limitations with respect to her remarriage or otherwise as it thinks fit, any such estate or interest in the real or personal estate of the deceased as it could have appointed under section one hundred and nineteen hereof if the husband had died leaving a will.
(2)
Every order made by the Court under this section in favour of the widow shall have the same effect as if it were a disposition lawfully made by the deceased by will, but shall be subject to any alienation or disposition lawfully made after the death of the deceased and before the making of the order.
(3)
Any Maori woman who before the first day of April, nineteen hundred and fifty-two, was married to a Maori in accordance with Maori custom, and whose marriage to the deceased was subsisting at the time of his death, shall be deemed to be his widow for the purposes of this section unless at the time of his death he or she was legally married to some other person.
122 Court may make provision for maintenance of husband of intestate Maori woman.
1949, No. 46, s. 19 1951, No. 75, s. 8
(1)
The provisions of section one hundred and twenty-one hereof shall apply so as to empower the Court to make provision for the maintenance of the husband of a Maori woman who has died intestate.
(2)
For the purposes of this section a Maori who before the first day of April, nineteen hundred and fifty-two, was married to a Maori woman in accordance with Maori custom, and whose marriage to the deceased was subsisting at the time of her death, shall for the purposes of this section be deemed to have been her husband unless at the time of her death he or she was legally married to some other person.
123 Court may extend time for applications for maintenance.
1931, No. 31, s. 177(6)
(1)
The time limited by section one hundred and nineteen or section one hundred and twenty-one hereof for making application to the Court may be extended for such further period as the Court may direct, after hearing such of the parties affected as the Court thinks necessary; but no alienation or disposition of any part of the estate made prior to the extension shall be affected by reason of the application or of an order made thereon.
(2)
An application for an extension of time under this section may be made at any time before or after the expiry of the period of two years from the death of the person in respect of whose estate the application is made.
Grant of Probate or Letters of Administration
124 Time for applications for probate.
1931, No. 31, s. 175
(1)
Every will made by a Maori shall become absolutely null and void as from the death of the testator if application for a grant of probate or of letters of administration with will annexed has not been made to the Court within two years from the death of the testator or within such extended time as may be allowed by the Court in accordance with subsection two hereof.
(2)
If, on application for an extension of time made to it either before or after the expiration of two years from the date of the death of any Maori, the Court is satisfied that application for a grant of probate or of letters of administration cannot be or could not have been conveniently made within the said period and, if that period has already expired before the making of an application for extension of time under this subsection, the Court is satisfied with the reasons adduced in explanation of the delay, it may, on such conditions as it thinks fit, extend the said period of two years by such further period as in the circumstances it thinks just and reasonable.
(3)
On the grant of an extension of time under this section the will to which the extension relates shall, if it has become null and void by virtue of this section, be deemed to be revived, but the revival of the will shall not affect any alienation or disposition made in good faith after the death of the testator and before the grant of the extension:
Provided that on the grant of probate or letters of administration the Court may, on such conditions as it thinks fit, cancel any order theretofore made by it in respect of any property comprised in the estate of the testator.
125 Court’s exclusive jurisdiction to grant probate.
1931, No. 31, ss. 181, 182
(1)
The Court shall have exclusive jurisdiction to grant probate of the will or letters of administration of the estate of a deceased Maori:
Provided that if it appears to the Court that probate of the will of any Maori has, whether before or after the commencement of this Act, been granted in error by the Supreme Court it may by order confirm the probate so granted, and thereupon the order for probate made by the Supreme Court shall have and be deemed as from the making thereof to have had effect as if the matter were within the jurisdiction of the Supreme Court.
(2)
Every grant by the Court of probate or of letters of administration shall, subject to this Act, have the same operation and effect as if it were a grant made by the Supreme Court in respect of the will or the estate of a European.
(3)
The Court may revoke any probate or letters of administration granted by it, whether before or after the commencement of this Act, in any circumstances that would warrant revocation by the Supreme Court in the case of a European.
126 Court may appoint administrator.
Ibid., s. 183
(1)
The Court may, in its discretion, grant to the Maori Trustee or to any other person whom the Court thinks fit letters of administration with the will annexed, notwithstanding the fact that an executor has been appointed by the will and has not renounced probate or has applied for probate.
(2)
On any such grant the estate of the deceased shall vest in the administrator as from the death of the deceased in the same manner and to the same extent as if no executor had been appointed by the will.
(3)
The Maori Trustee may, by writing delivered to the Registrar, decline, for any reason which seems to him proper, to accept administration of any estate under this section, and thereupon his appointment shall be deemed not to have been made and the Court may, without further application, appoint some other fit person in his place.
(4)
On the grant to the Maori Trustee or any other person of letters of administration under this section, the administrator shall be deemed to have been appointed as trustee under the will of the deceased except in cases where by the will of the deceased a trustee other than the executor under the will was appointed.
127 Personalty orders may be issued.
1931, No. 31, s. 184
(1)
Instead of granting probate of the will or letters of administration of the estate of a deceased Maori, the Court may make an order or orders vesting the personal estate or any part thereof in the person or persons found by the Court to be beneficially entitled thereto.
(2)
On the making of any order under this section the Registrar shall furnish to the Commissioner of Inland Revenue a certificate specifying, with such particularity as that Commissioner may require, the property comprised in the order. Any such certificate shall set forth the value of the property, as assessed by the Court, or shall contain a statement that, in the opinion of the Court, the total value of the property does not exceed an amount therein specified.
(3)
Death duty (if any) shall be charged and payable in respect of the property comprised in any such order in accordance with the provisions of the Death Duties Act 1921. For the purpose of assessing any duty payable under that Act in accordance with this section the Commissioner may, without further inquiry, accept the certificate furnished in accordance with subsection two hereof, or may value the property as if no such certificate had been given.
128 Commission may be allowed to administrator.
1931, No. 31, s. 185 1944, No. 17, s. 3
(1)
Subject to such conditions as it thinks fit, the Court may, out of the assets of any deceased Maori, allow to his executor, administrator, or trustee, other than the Maori Trustee, such remuneration for his services as in its opinion is just and reasonable.
(2)
Where two or more executors, administrators, or trustees have been appointed in respect of any estate the Court may, in any order made by it for the purposes of this section, apportion the remuneration allowed by it in such manner as it thinks fit, or may allow such remuneration to any one or more of the executors, administrators, or trustees to the exclusion of the other or others.
(3)
An order may be made for the purposes of this section at any time before the assets of the estate have been completely disposed of.
1953, No. 95
(4)
Where the Maori Trustee has been appointed the executor, administrator, or trustee of the estate of any deceased Maori he shall be entitled in respect of his services to such remuneration and fees as may be prescribed pursuant to the Maori Trustee Act 1953.
129 Court may release or remove executor or administrator.
1931, No. 31 s. 186
(1)
The Court may at any time, on the application of an executor or administrator, release him from the further performance of his duties, or may at any time remove an executor or administrator on the ground of unfitness or for any other reason which the Court thinks sufficient.
(2)
The Court may appoint any fit person as administrator in place of the executor or administrator so released or removed, and the estate of the deceased, or such part thereof as is vested in the executor or administrator so released or removed, shall thereupon vest in the administrator appointed in his place.
Administration of Maori Estates Under Part IV of Administration Act 1952
130 Court may make order for administration of estate under Part IV of Administration Act 1952.
1952, No. 56
(1)
The jurisdiction conferred on the Supreme Court by Part IV of the Administration Act 1952 may, with respect to the estate of a deceased Maori, be exercised by the Maori Land Court.
(2)
An appeal to the Maori Appellate Court shall lie from any order made by the Court under this section in like manner as it would lie from any other order of the Court from which there is a right of appeal.
(3)
The rules made under section seventy-eight of the Administration Act 1952 shall not apply with respect to the exercise by the Court of its jurisdiction under this section, but Rules of Court may be made under this Act for the several purposes for which rules may be made under that section.
Maori Succession Duty
131 Maori succession duty.
1931, No. 31, s. 195
(1)
Notwithstanding anything to the contrary in the Death Duties Act 1921, none of the interests referred to in subsection two hereof shall, on the death of the owner, be computed as part of his dutiable estate for the purposes of that Act.
(2)
The interests referred to in subsection one hereof are the following:
(a)
An interest possessed by any person in customary land:
(b)
Any beneficial interest possessed by a Maori or the descendant of a Maori in Maori freehold land or in a Maori reserve:
(c)
Any interest possessed by a Maori or the descendant of a Maori in European land if in respect of that interest a vesting order is made by the Court pursuant to subsection four of section one hundred and forty-five hereof:
(3)
When a vesting order is made pursuant to subsection four of section one hundred and thirty-six hereof or pursuant to subsection four of section one hundred and forty-four hereof, or pursuant to subsection four of section one hundred and forty-five hereof, the land or interest comprised therein shall be subject to Maori succession duty in accordance with the Death Duties Act 1921 as if that vesting order were a succession order within the meaning of the said Act.
(4)
The Court or Registrar may certify the value of the interest comprised in any such vesting order to be less than two hundred pounds or may certify the fair value of any such interest, and the Commissioner of Inland Revenue may, without further inquiry or valuation, accept the value so certified for the purpose of assessing Maori succession duty or may make such further inquiry or investigation as to the value of that interest as he thinks fit.
Debts of Deceased Maoris
132 Maori land not available for payment of debts.
1931, No. 31, ss. 179, 180, 199
(1)
Neither the beneficial interest of a Maori or of any descendant of a Maori in any Maori freehold land or in a Maori reserve, nor the interest of any person in customary land, shall on his death be assets available for the payment of his debts and liabilities, whether to the Crown or otherwise:
Provided that this section shall not be so construed as to affect the operation of any mortgage or charge to which any such land is subject at the death of the deceased, or any liability for the payment of rates or taxes or the operation of any will by which any Maori freehold land or any interest therein is expressly devised in trust for or charged with the payment of debts, or the operation of any valid assignment or charge of any moneys arising out of the alienation of Maori land or the income thereof made in favour of a State Loan Department or of the Crown.
(2)
When any person dies or has heretofore died possessed of a freehold interest in Maori land which is subject to a contract of sale or to any lease or other alienation, the freehold interest of the deceased shall, for the purposes of this section, be deemed to include his interest in all purchase money, rent, and other moneys payable in respect of that alienation and not actually paid before his decease, whether such moneys became due and payable before or after his decease.
(3)
For the purposes of this section an interest in Maori freehold land shall be deemed to include an interest in personal property to which any person is entitled by virtue of his interest in land that is vested in a body corporate of owners under Part XXII hereof or in land that is subject to Part XXIV hereof.
1931, No. 31, s. 180
(4)
Except as provided in this section or in section four hundred and fifty-six hereof, the estate of a Maori or the descendant of a Maori shall upon his death be assets for the payment of his debts and liabilities to the same extent and in the same manner as if he were a European.
Part XII Succession to and Disposal of Freehold Interests in Maori Land and Other Related Matters
133 Application of this Part.
(1)
This Part of this Act, in so far as it relates to the disposal on the death of the beneficial owner thereof of freehold interests in Maori land, shall apply with respect to all such interests that form part of the estate, whether testate or intestate, of:
(a)
Any Maori or any descendant of a Maori who dies after the commencement of this Act:
(b)
Any Maori who has died before the commencement of this Act if in respect of his interest a succession order has not been made:
(c)
Any person being a descendant of a Maori, but not being a Maori within the meaning of this Act, who has died before the commencement of this Act, if a grant of probate or of letters of administration in respect of his estate has not been made.
(2)
Except as provided in section one hundred and forty-four hereof, nothing in this Part of this Act shall apply with respect to any Maori reserve or to the interest of any person therein.
(3)
Every person who, on his death, whether before or after the commencement of this Act, was the owner of a beneficial freehold interest in any Maori land shall, unless the contrary is proved before that interest has been disposed of by the Court in accordance with this Part, be deemed in respect of that interest to have been a Maori or the descendant of a Maori.
(4)
If in respect of any person who dies possessed of a beneficial freehold estate in any Maori land it is proved, in accordance with subsection three hereof, that he was not a Maori or a descendant of a Maori, the Court, on application by his executor or administrator, may make an order vesting that interest in the executor or administrator or in the person entitled to succeed thereto under the will or on the intestacy of the deceased owner.
(5)
For the purposes of an application under subsection four hereof the Court, without further inquiry, may accept the certificate of the executor or administrator that any person named therein is entitled to succeed to the interest to which the application relates.
(6)
The making of a vesting order under subsection four hereof shall not absolve the executor or administrator from any liability incurred by him in respect of his duties, and for the purpose of determining any such liability the making of the vesting order shall be regarded as if it had been a conveyance of the same estate or interest by the executor or administrator to the person in whom that estate or interest is vested by the vesting order.
134 Freehold interests to which this Part is applicable not to vest in executor or administrator.
(1)
No beneficial freehold interest in Maori land to which this Part of this Act applies shall vest or be deemed to have vested in the executor or administrator of the deceased owner or in any other person, but every such freehold interest shall be disposed of by order of the Court in accordance with the following provisions of this Part.
(2)
On the making of a vesting order under this Part of this Act in respect of any such interest the title of the person in whose favour the vesting order is made shall relate back and be deemed to have arisen immediately upon the death of the deceased owner from whom the interest was derived, as if there had been no interval of time between his death and the making of the vesting order.
135 Court to determine names and shares of persons beneficially entitled to freehold interests in Maori land.
(1)
On application made by any person interested, or by the Registrar or the Maori Trustee, the Court shall determine the persons (hereinafter referred to as the beneficiaries) who, on the death of the beneficial owner, are legally entitled to succeed to any beneficial freehold interest in land to which this Part of this Act applies and shall define the shares or interests therein of the several beneficiaries.
(2)
Every determination made for the purposes of this section shall be recorded in the minutes of the Court, but, notwithstanding the provisions of section thirty-four hereof, it shall not be necessary for the Court to draw up in writing any order with respect to its determination or as to the shares of the several beneficiaries.
(3)
Where any freehold interest in land has been devised by will to a trustee other than a bare trustee, the trustee shall, for the purposes of this section, be deemed to be the beneficiary.
136 Court to dispose of beneficial freehold interests.
(1)
When the Court has ascertained the beneficiaries and has defined their several shares and interests in accordance with section one hundred and thirty-five hereof, it shall, without further application, proceed to dispose of the beneficial freehold interests of the deceased owner in accordance with the following provisions of this section or in accordance with section one hundred and thirty-seven hereof, as the case may require.
(2)
In the disposition of any beneficial freehold interest in accordance with this section the Court, subject to the provisions of section one hundred and thirty-seven hereof, may exercise with respect to the whole or any part of that interest any jurisdiction which it would have authority to exercise under any of the provisions of this Act if application had been duly made in accordance with this Act or with Rules of Court. Every disposition made by the Court in the exercise of its jurisdiction under this subsection shall be given effect to by a vesting order.
(3)
For the purpose of giving effect to any agreement or arrangement made between the persons concerned, the Court may in its discretion make an order vesting the share of any beneficiary, in whole or in part, in any other beneficiary or vesting the share of any beneficiary in any other person who is beneficially interested in any land in which the deceased owner had an interest. Any such agreement or arrangement may, in the case of a beneficiary who is a person under disability, be entered into or made on his behalf by his trustee, if a trustee has been appointed under Part X hereof, and, if no such trustee has been appointed, may be entered into or made by any other responsible person.
(4)
After making such dispositions (if any) as in its discretion it thinks fit to make in accordance with the foregoing provisions of this section, the Court, subject to the provisions of section one hundred and thirty-seven hereof, shall make orders vesting the remaining beneficial freehold interests of the deceased owner in the beneficiaries severally entitled thereto.
(5)
Where any freehold interest in land has been devised by the will of the deceased owner to a trustee, other than a bare trustee, the trustee shall, for the purposes of this section, be deemed to be the beneficiary. In any case to which this subsection applies, the existence of the trust shall be set forth on the face of the order by reference to the will of the deceased.
137 Disposal of uneconomic interests.
(1)
Notwithstanding anything in section one hundred and thirty-six hereof the Court shall not vest in the beneficiary or in any person other than the Maori Trustee any interest which, together with any other interest in the same land owned by that beneficiary or other person, would constitute an uneconomic interest (as that term is defined in subsection three hereof), unless:
(a)
That interest has been specifically devised to the beneficiary by the will of the deceased owner; or
(b)
The Court is of opinion that the interest either by itself or in conjunction with any other interest in the same or in any other land would, if a partition order were then made, provide for the beneficiary or other person as aforesaid an area of land that would be suitable for use and would in fact be used within a reasonable time as a site for a dwelling for his own occupation or for occupation by any other Maori or descendant of a Maori or, on the making of a partition order as aforesaid, would provide for such beneficiary or other person as aforesaid an area of land that would, within a reasonable time, be otherwise capable of use with advantage to the owner as a separate unit of occupation or production; or
(c)
The Maori Trustee, pursuant to section one hundred and thirty-nine hereof, declines to accept that interest.
(2)
The Court shall vest in the Maori Trustee all interests that cannot be disposed of in accordance with section one hundred and thirty-six hereof or the foregoing provisions of this section, and with the consent of the beneficiary may vest any other interest in the Maori Trustee.
(3)
For the purposes of this section, and generally for the purposes of this Part of this Act, the expression “uneconomic interest”
means a beneficial freehold interest the value of which, in the opinion of the Court, does not exceed the sum of twenty-five pounds.
138 Interest vested in Maori Trustee to include other interests passing with land.
Where pursuant to section one hundred and thirty-seven hereof any interest in Maori freehold land owned by a body corporate of owners under Part XXII hereof or administered by the Board of Maori Affairs under Part XXIV hereof is vested in the Maori Trustee, the vesting order, whether so expressly stated therein or not, shall have the effect of vesting in or transferring to the Maori Trustee the share of the beneficiary in all stock or other property to which he was entitled by virtue of his interest in that land.
139 Maori Trustee may decline to accept uneconomic interests.
(1)
The Maori Trustee may, for any reason that he thinks fit, decline to accept any uneconomic interest proposed to be vested in him in accordance with section one hundred and thirty-seven hereof, and no vesting order in respect of any such interest shall be made by the Court in favour of the Maori Trustee unless he has been informed of the value of the interest, as fixed by the Court, and has signified his willingness to accept the same.
(2)
Where the Maori Trustee has declined to accept any such interest, it shall be vested in the person beneficially entitled thereto unless it is otherwise disposed of by the Court in accordance with section one hundred and thirty-six hereof.
140 Vested land to remain subject to existing charges.
All land and interests in land that are vested in the Maori Trustee or in any other person pursuant to this Part of this Act shall remain subject to the same charges or other encumbrances, if any, as they were subject to in the hands of the deceased owner, unless they have been duly discharged.
141 Alienations for purposes of this Part not to require confirmation.
No alienation of any Maori land or of any interest therein, made for the purposes of this Part, shall require to be confirmed by the Court under Part XIX hereof.
Payment by Maori Trustee for Property Acquired Under This Part
142 Court to fix price to be paid by Maori Trustee for property acquired under this Part.
(1)
For all interests in land and for all other property vested in or transferred to the Maori Trustee under the foregoing provisions of this Part (other than interests acquired by the Maori Trustee with the consent of the beneficiary), he shall pay to or on behalf of the beneficiary the value thereof as fixed by the Court.
(2)
In determining for the purposes of this section the value of any property to which section one hundred and thirty-eight hereof relates, the Court shall have regard to but shall not be bound to accept the value of that property as disclosed in the accounts of the body corporate in accordance with section two hundred and ninety-eight hereof, or, in the case of land administered by the Board of Maori Affairs, as disclosed in a certificate to be given for the purpose by that Board.
143 Price to be paid out of Conversion Fund.
All moneys payable by the Maori Trustee for interests in land or other property vested in him under this Part shall be paid out of the Conversion Fund established under Part XIII hereof.
Special Provisions as to Maori Reserves
144 Succession to interests in Maori reserves.
1941, No. 22, s. 6
(1)
On the death of any person, whether a Maori or a European, possessed of a beneficial freehold interest in any Maori reserve, that interest shall not vest in his executor or administrator, but shall be dealt with in accordance with this section.
(2)
The persons entitled on the death of any such person, whether testate or intestate, to succeed to his beneficial interest in any Maori reserve shall be determined by the Court in all respects as if the deceased was a Maori and as if any such interest was an interest in Maori freehold land.
(3)
Nothing in this section shall be construed to extend the capacity of any person to dispose by will of an interest in a Maori reserve.
(4)
The Court on application in that behalf may make an order vesting in the person entitled thereto in accordance with this section any freehold interest in a Maori reserve.
(5)
The provisions of section four hundred and fifty-six of this Act shall apply with respect to any moneys for the time being held by the Maori Trustee in respect of a Maori reserve as if they were moneys derived from the alienation of Maori land, and the said moneys shall be deemed to be or to form part of a trust fund accordingly.
(6)
This section shall apply with respect to all freehold interests in a Maori reserve notwithstanding anything to the contrary in any other Act.
Special Provisions as to Interests in European Land Owned by Maoris
145 Court may make vesting order in respect of interests of deceased Maoris in European land.
1931, No. 31, s. 27(2)
(1)
On application by the executor or administrator of any Maori or the descendant of a Maori who has died possessed of any freehold interest in European land, the Court may make an order vesting that interest in the executor or administrator or in the person entitled to succeed thereto under the will or on the intestacy of the deceased owner.
(2)
For the purposes of an application under subsection one hereof the Court, without further inquiry, may accept the certificate of the executor or administrator that any person named therein is entitled to succeed to the interest to which the application relates.
(3)
The making of a vesting order under subsection one hereof shall not absolve the executor or administrator from any liability incurred by him in respect of his duties, and for the purpose of determining any such liability the making of the vesting order shall be regarded as if it had been a conveyance of the same estate or interest by the executor or administrator to the person in whom that estate or interest is vested by the vesting order.
(4)
When any Maori or the descendant of a Maori has died intestate with respect to any freehold interest possessed by him in European land, and letters of administration of the estate of the deceased have not been granted, application for a vesting order in respect of any such interest may be made to the Court by any person interested, and the Court, if it is satisfied that the value of the interest is less than two hundred pounds, may make an order vesting that interest in the person or persons entitled thereto.
Miscellaneous
146 Timber, flax, etc., deemed part of freehold interest.
1931, No. 31, s. 198
For the purposes of this Part of this Act a freehold interest in Maori land shall be deemed to include the interest of the freeholder in all timber, flax, and other things growing on the land (including industrial crops), and in all things which are so attached to the land as to form part thereof as between the heir and the executor of a deceased freeholder at common law.
147 Recovery of amounts due to deceased Maoris and descendants of Maoris.
Ibid., s. 200
All rents, royalties, purchase money, or compensation due and payable in respect of the share or interest in Maori land of a deceased Maori or descendant of a Maori shall be paid to the Maori Trustee, who may claim and recover those moneys and, subject to any administration costs or charges, shall hold the same in accordance with the provisions of section four hundred and fifty-six hereof.
148 Exemption from stamp duty.
No stamp duty shall be payable in respect of any agreement or other instrument executed for the purposes of this Part of this Act.
Part XIII Conversion Fund for Acquisition of Maori Land by Maori Trustee
149 Establishment of Conversion Fund within Maori Trustee’s Account.
(1)
For the purposes of the acquisition by the Maori Trustee of uneconomic or other interests in Maori land pursuant to Part XII of this Act there is hereby established a Conversion Fund within the Maori Trustee’s Account. Nothing in this subsection shall be construed to limit any authority conferred elsewhere in this Act or in any other Act for the payment of moneys out of the Conversion Fund.
(2)
There shall, without further appropriation than this Act, be transferred to the Conversion Fund from the General Purposes Fund of the Maori Trustee’s Account such sum or sums as the Minister of Finance may from time to time approve.
(3)
In addition to any other moneys required by this Act to be paid into the Conversion Fund, there shall from time to time be paid into that Fund, as received, all moneys derived from the sale by the Maori Trustee of any land or interests in land acquired by him and paid for out of the Conversion Fund, and all revenues received by him in respect of any such land or interests in land.
150 Application of Conversion Fund.
(1)
In addition to any purchase moneys required by this Act to be paid out of the Conversion Fund in respect of any land or interest in land acquired by the Maori Trustee there shall be paid out of that Fund all outgoings and expenses incurred or payable by the Maori Trustee in respect thereof.
(2)
Where, on and by reason of the acquisition by the Maori Trustee of any land or interest in land as aforesaid, he acquires any other property, the price of that other property shall also be paid out of the Conversion Fund.
151 Maori Trustee may acquire other lands for disposal under this Part.
(1)
The Maori Trustee may at any time purchase out of the Conversion Fund any Maori freehold land or any freehold interest therein. No alienation of any land or interest in land to the Maori Trustee for the purposes of this section shall require to be confirmed by the Court:
Provided that the Maori Trustee shall not pursuant to this section purchase any land or interest in land from a person under disability (whether or not a trustee of that person has been appointed under Part X hereof) without the consent of the Court, and if a trustee other than the Maori Trustee has been appointed under the said Part, without the consent of the trustee.
(2)
All lands so purchased by the Maori Trustee shall, on application by him, be vested in him by vesting order made by the Court.
(3)
A certificate under the hand of the Maori Trustee that he has purchased any land or interest in land pursuant to this section shall be accepted by the Court as conclusive evidence of that fact.
152 Maori Trustee may sell interests in Maori land vested in him.
(1)
The Maori Trustee may, on such terms as may be mutually agreed upon by the parties to the sale, sell in accordance with this section, any Maori land or interests therein vested in him by vesting order or otherwise acquired by him and paid for out of the Conversion Fund.
(2)
Where the land in respect of which the Maori Trustee has acquired any interest as aforesaid is vested in a body corporate of owners, the Maori Trustee shall forthwith offer that interest for sale to that body corporate on behalf of the owners of the block in which the interest is comprised, or to any of those owners, and while the body corporate continues in existence the interest shall not be sold otherwise than in accordance with this subsection.
(3)
Any other land or interest in land acquired as aforesaid may be sold—
(a)
To any Maori or to the descendant of a Maori; or
(b)
To the body corporate of owners of any Maori land incorporated under Part XXII of this Act; or
1935, No. 34
(c)
To the Crown, for the purposes of the Maori Housing Act 1935, or for the purposes of any scheme for the development of Maori land under Part XXIV of this Act.
(4)
Every sale under this section shall be given effect to by a vesting order made by the Court on the application of the Maori Trustee.
(5)
All land sold as aforesaid to a Maori or to a body corporate of owners shall continue to be Maori land.
(6)
Nothing in the foregoing provisions of this section shall be construed to restrict the power of the Maori Trustee to join in the alienation of any land in which he has an undivided interest, or to restrict any express power of alienation that he may have in respect of any land otherwise than by virtue of the foregoing provisions of this section.
153 Pending sale, Maori Trustee may lease lands vested in him.
Pending the sale of any land pursuant to section one hundred and fifty-two hereof, the Maori Trustee may lease the same for such term or terms and on such conditions as he thinks fit.
154 Exemption from stamp duty.
No stamp duty shall be payable in respect of any instrument executed for the purposes of this Part of this Act.
Part XIV Customary Land
155 Customary title not to avail against Crown.
1931, No. 31, s. 112
Except so far as may be otherwise expressly provided in any other Act, the Maori customary title to land shall not be available or enforceable by proceedings in any Court or in any other manner as against Her Majesty the Queen or against any Minister of the Crown or any person employed in any Department of State acting in the execution of his office.
156 Saving express jurisdiction of Court and Appellate Court.
Ibid., s. 112
Nothing in this Part of this Act shall be so construed as to take away or affect any jurisdiction expressly conferred on the Court or the Appellate Court by this or any other Act.
157 Extinguishment of customary title.
Ibid., s. 113.
(1)
A Proclamation by the Governor-General that any land vested in Her Majesty is free from the Maori customary title shall in all Courts and in all proceedings be accepted as conclusive proof of the fact so proclaimed.
Ibid., s. 115
(2)
The Maori customary title shall for all purposes be deemed to have been lawfully extinguished in respect of all land which during the period of ten years immediately preceding the thirty-first day of March, nineteen hundred and ten (being the date of commencement of the Native Land Act 1909), was continuously in the possession of the Crown, whether through its tenants or otherwise howsoever, as being Crown land free from customary title.
158 Validity of alienation by Crown though customary title not extinguished.
1931, No. 31, s. 114
No Crown grant, Crown lease, or other alienation or disposition of land by the Crown, whether executed or made before or after the commencement of this Act, shall in any Court or in any proceedings be questioned or invalidated or in any manner affected by reason of the fact that the customary title to that land has not been duly extinguished.
159 Proceedings for recovery of possession of customary land.
Ibid., s. 116 1948, No. 64
(1)
For the purpose of recovering possession of customary land from any person in wrongful occupation thereof, and for the purpose of preventing any trespass or other injury thereto or of recovering damages for any such trespass or injury, all such land shall be deemed to be Crown land within the meaning of the Land Act 1948.
(2)
No action or other proceeding, other than a proceeding by or on behalf of the Crown, shall be brought in any Court by any person for recovery of the possession of customary land, or for damages or an injunction in respect of any trespass or injury to any such land.
160 Customary land inalienable.
1931, No. 31, s. 117
No person shall be capable of making, whether by will or otherwise, and whether in favour of a Maori or of a European or of the Crown, any alienation or other disposition of customary land or of any interest therein.
161 Jurisdiction of Court to make freehold orders in respect of customary land.
Ibid., ss. 118, 119, 120
(1)
The Court shall have exclusive jurisdiction to investigate the title to customary land, and to determine the relative interests of the owners thereof.
(2)
Every title to and interest in customary land shall be determined according to the ancient customs and usages of the Maori people, as far as the same can be ascertained.
(3)
On any investigation of title and determination of relative interests under this section the Court shall make an order (in this Act called a freehold order) defining the area so dealt with, naming the persons found entitled thereto, and specifying their relative interests in the land.
162 Freehold order to have effect of Crown grant.
Ibid., s. 121.
Every freehold order shall on the making thereof have the effect of vesting the land therein referred to in the persons therein named for a legal estate in fee simple in possession, in the same manner as if the land had been then granted to those persons by the Crown; and the land shall be deemed to have been so granted accordingly, and shall thereupon cease to be customary land and shall become Maori freehold land.
163 Tenancy in common by two or more owners.
1931, No. 31, s. 122
When two or more persons are named in any freehold order as entitled to any land, they shall hold the same as tenants in common in the shares expressed in the order.
164 Land included in freehold order to become subject to Land Transfer Act.
Ibid., s. 123 1952, No. 52
The land included in any freehold order shall, on the making of the order, become subject to the Land Transfer Act 1952. Every such order shall, on the sealing of the order, be transmitted to the District Land Registrar of the district in which the land is situated. If the land is situated in two or more districts, duplicates or certified copies of the order shall be transmitted to the District Land Registrar of each such district, and shall be dealt with by each such Registrar, so far as the order relates to land in his own district, in manner provided in this Part of this Act.
165 Provisional registration of freehold orders.
1931, No. 31, s. 124
(1)
On receipt of any freehold order transmitted to him in accordance with section one hundred and sixty-four hereof the District Land Registrar shall embody the order in the Provisional Register as a folium thereof, and all the provisions of the Land Transfer Act 1952 as to provisional registration shall, subject to this Act, apply accordingly.
Ibid., s. 125
(2)
The District Land Registrar may at his discretion retain any title on the provisional register so long as the number of owners exceeds ten.
166 Separate certificates of title unnecessary.
Ibid., s. 126.
It shall not be necessary in any case to issue separate certificates of title to tenants in common of any Maori land, whether on the original registration of the title under the Land Transfer Act 1952 or on any subsequent dealing with that land.
167 Vesting of interests of deceased owner.
Ibid., s. 127
If any person named as an owner in any freehold order has died before the making of the order, the order shall enure for the benefit of such person or persons as would have been entitled to succeed on the intestacy of that person if he had died immediately after the making of the freehold order.
168 Proceedings where title not registered.
Ibid., s. 128. 1894, No. 43 1909, No. 15
(1)
All land which by virtue of section seventy-three of the Native Land Court Act 1894 is subject to the Land Transfer Act 1952, but the title to which has not been registered or provisionally registered before the commencement of this Act, shall, so far as the registration or provisional registration of the title thereto is concerned, remain subject to the provisions of the said section in the same manner as if the Native Land Act 1909, or the Maori Land Act 1931, or this Act had not been passed.
1894, No. 43 1952, No. 52
(2)
All land the customary title to which has been ascertained under the Native Land Court Act 1894, but which has not become subject to the Land Transfer Act 1952 before the commencement of this Act, may be registered or provisionally registered under that Act in accordance with the provisions of section seventy-three of the Native Land Court Act 1894.
Part XV Ascertainment of Equitable Owners Under Titles Existing Prior to Native Land Court Act 1894
169 Jurisdiction under this Part subject to authorizing Order in Council.
1931, No. 31, ss. 130, 134, 135
(1)
The Court shall not proceed to exercise in respect of any land the jurisdiction conferred by this Part of this Act unless it has heretofore been or is hereafter authorized by Order in Council so to exercise the same in respect of that land.
(2)
The Governor-General may from time to time as he thinks fit issue authorizing Orders in Council for the purposes of this Part of this Act in respect of any lands referred to in section one hundred and seventy hereof:
Provided that an Order in Council under this section shall not be issued in respect of—
(a)
Any land situated within a Maori reserve; or
(b)
Any confiscated lands which have been granted to Maoris by the Crown under any special statutory provision, unless an insufficiently defined trust is expressed in the Crown grant or other instrument of title.
170 Ascertainment of equitable owners.
Ibid., s. 131
(1)
Subject to the provisions of section one hundred and sixty-nine hereof the Court shall have jurisdiction under this Part of this Act to determine whether or not any land granted to Maoris by the Crown prior to the twenty-third day of October, eighteen hundred and ninety-four (being the date of the passing of the Native Land Court Act 1894), or dealt with by the Court prior to that date by way of ascertainment of the customary title or by way of partition, was, when so granted by the Crown or dealt with by the Court, intended by the Crown or by the Court, or by the nominal owners of the land (whether any such nominal owners were a tribe, hapu, section of a tribe or hapu, or individual owners), to be held by the nominal owners in trust for persons not named in the title to the land; and to determine who (if any) are the persons entitled beneficially to any land so held in trust, and the relative interests of all persons so entitled, and to order the inclusion of those persons in the title, either together with or instead of the nominal owners; and, if necessary or expedient, to partition the land among the persons so found to be entitled; and for the purposes aforesaid to order the cancellation or amendment of any existing instrument of title, and the issue of such new instruments of title as may be necessary.
(2)
Where pursuant to an Order in Council under section one hundred and sixty-nine hereof the Court is authorized to exercise jurisdiction under this Part of this Act in respect of any confiscated lands, it may exercise that jurisdiction as if the persons in whom those lands are vested were the nominal owners thereof.
171 Effect of order of Court.
1931, No. 31, s. 132
(1)
An order made by the Court in the exercise of its jurisdiction under this Part of this Act shall vest in the persons so found to be entitled only such estate as the nominal owners held at the date of the issue of the Order in Council conferring jurisdiction.
(2)
All rights to which the nominal owners were at that date entitled, by contract or otherwise, in respect of the land shall pass to and enure for the benefit of the persons so found to be entitled.
172 Order not to affect prior alienations.
Ibid., s. 133
No order made by the Court under this Part of this Act shall invalidate any alienation made in respect of the land before the issue of the Order in Council conferring jurisdiction.
Part XVI Partition
173 Jurisdiction to partition Maori freehold land.
Ibid., s. 136.
(1)
The Court shall have exclusive jurisdiction to partition Maori freehold land.
(2)
Nothing in this Part of this Act shall apply with respect to Maori reserves.
(3)
The provisions of this Part of this Act shall be read subject to the provisions of sections four hundred and thirty and four hundred and thirty-two hereof (relating respectively to partition orders made in respect of land having a frontage to a road or street of less width than sixty-six feet and to partition orders made in respect of land situated within a borough or town district).
1946, No. 23
(4)
Nothing in section three of the Land Subdivision in Counties Act 1946 shall apply with respect to the partition of any land under this Part of this Act.
1953, No. 91
(5)
In the exercise of its jurisdiction under this Part of this Act, the Court shall have regard to the requirements of any district scheme approved in accordance with the Town and Country Planning Act 1953, and operative in the district in which is situated the land to be partitioned.
174 Discretion of Court.
1931, No. 31, s. 137
The jurisdiction conferred by this Part of this Act shall be discretionary, and the Court may refuse to exercise that jurisdiction in any case in which it is of opinion that partition would be inexpedient in the public interest or in the interest of the owners or other persons interested in the land.
175 On application for partition, Court may direct sale of land.
(1)
On application for the partition of any land under this Part of this Act the Court, if it is of opinion that any partition of the land on an equitable basis would be impracticable, may direct that the land be sold in accordance with this section.
(2)
Where pursuant to this section the Court directs the sale of any land it shall make an order appointing the Maori Trustee to be the agent of the owners for the purposes of the sale.
(3)
The Maori Trustee shall thereupon call for applications to purchase the land from the several persons owning a share or interest therein, on terms and conditions to be fixed by him. If a sale to any such person is not effected, the Maori Trustee shall thereupon offer the land for sale, by public auction or private contract, to Maoris or the descendants of Maoris, and shall not sell the land to any person not being a Maori or the descendant of a Maori except by leave of the Court.
(4)
The provisions of section three hundred and twenty-three hereof shall, with the necessary modifications, apply to the exercise by the Maori Trustee of powers of sale conferred on him by this section.
176 Partition orders to constitute title.
1931, No. 31, s. 138
(1)
Maori freehold land may be at any time partitioned by the Court by the making of partition orders.
(2)
The term “partition order”
as used in this Part of this Act means, as the case may require, either—
(a)
An order for the partition of any land into two or more defined separate parcels; or
(b)
An order creating or evidencing the title to any one or more of such defined parcels.
(3)
Every partition order shall constitute, without any transfer or other instrument of assurance, the title to the parcel or the several parcels of land therein included.
177 Partition orders may be made in respect of land held in trust.
Ibid., s. 139
(1)
Subject to the provisions of subsection two hereof, Maori freehold land may be partitioned by the Court, whether it is owned at law by the beneficial owners thereof or is vested in trust for them or any of them in the Maori Trustee or in any other person or body corporate:
Provided that when the land is so held in trust a partition shall affect only the equitable estate of the beneficiaries.
Ibid., s. 140
(2)
Except with the prior consent of the Maori Trustee, no partition order shall be made in respect of any land vested in him.
178 Registration of partition orders.
Ibid., s. 141 1952, No. 52
(1)
When a partition order affects the legal title to land which is subject to the Land Transfer Act 1952, the following provisions shall apply to its registration under that Act:
(a)
If, when the order is received by the District Land Registrar, the title to the land so partitioned is already on the register as finally constituted under that Act, the order shall be registered against the title in accordance with that Act:
1952, No. 52
(b)
If, when the order is received by the District Land Registrar, the title to the land partitioned is on the provisional register, the order may be registered against the title in accordance with that Act; or may be embodied in the provisional register as a separate folium thereof, and shall be numbered accordingly, and when so numbered shall, as provided in section fifty of the Land Transfer Act 1952 be deemed duly registered. The original folium relating to the land partitioned shall thereupon be cancelled so far as it relates to the parcel or any parcel included in the partition order so registered, and all entries and memorials affecting the title to any such parcel shall be transferred to the folium so constituted:
(c)
If, when the order is received by the District Land Registrar, the title to the land partitioned has not been registered either finally or provisionally, the partition order shall be embodied in the provisional register, and shall form a separate folium thereof, and shall be numbered accordingly, and when so numbered shall be deemed duly registered:
(d)
All the provisions of the Land Transfer Act 1952 as to provisional registration shall, subject to this Act and as far as applicable, apply to provisional registration under this section:
(e)
The District Land Registrar may, at his discretion, retain on the provisional register any title which has been entered thereon under this section, so long as the number of owners exceeds ten.
(2)
The provisions of subsection one of this section shall, as far as applicable and with any necessary modifications, extend and apply to any partition order which affects the legal title to any land which is not subject to the Land Transfer Act 1952.
179 Court may apportion rights and obligations.
1931, No. 31, s. 142 1952, No. 52
(1)
When a partition order is made the Court may, in that order or in any subsequent order made on the application of any person interested, or of its own motion, apportion or adjust as between the several parcels into which the land has been partitioned all rights, obligations, or liabilities arising from any lease, licence, mortgage, or charge to which the land is subject at the date of the partition thereof, and every such order of apportionment or adjustment shall have effect according to its tenor in the same manner in all respects as if all necessary transfers, releases, covenants, and other dispositions or agreements had been duly made in that behalf by all persons concerned, and may be registered under the Land Transfer Act 1952 accordingly.
(2)
In the exercise of its powers under this section with respect to any mortgage or lease the Court shall not make any apportionment or adjustment of rights, obligations, or liabilities without the consent of the mortgagee or lessee. Except as herein provided, the Court may exercise its powers of apportionment or adjustment in such manner as it deems equitable.
180 Partition may be among owners in severalty or in common.
1931, No. 31, s. 143
The Court may partition land either into parcels held by single owners in severalty, or into parcels held by any number of owners as tenants in common, or may partition the land partly in one manner and partly in the other.
181 Discretionary powers of Court in making partitions.
(1)
In partitioning any land under this Part of this Act the Court may exercise its discretionary powers in accordance with the following provisions of this section, that is to say:
(a)
It may partition the land among the several owners in accordance as nearly as may be with their several shares; or
(b)
In order to give effect to any agreement or arrangement made by the owners concerned, it may allot the share or any of the shares of any owner to any other owner, subject to such conditions as to payment of compensation or otherwise as may have been agreed to; or
(c)
With respect to any uneconomic interest (as hereinafter defined) it may, in the absence of an arrangement made with respect to that interest in accordance with paragraph (b) hereof, recommend that the interest be acquired by the Maori Trustee at a price to be fixed by the Court and to be paid out of the Conversion Fund established under Part XIII of this Act.
(2)
For the purposes of subsection one hereof the expression “uneconomic interest”
means an interest of which the value, in the opinion of the Court, does not exceed the sum of twenty-five pounds, and which, by itself or in conjunction with any other interest or interests to which any owner is entitled, would not on partition entitle him to an area of land that could, in the opinion of the Court, be used with advantage to the owner as a separate unit of occupation or production.
(3)
Nothing in paragraph (a) of subsection one hereof shall be construed to limit the powers conferred on the Court by section one hundred and eighty-three hereof, or to prevent the Court from varying the shares of the several owners with their consent, or otherwise from varying their shares within reasonable limits if, in its opinion, a variation is necessary to enable the Court to make an equitable and convenient partition.
(4)
The Court shall make vesting orders for the purpose of giving effect to any arrangement made for the purpose of paragraph (b) of subsection one hereof, or for the acquisition by the Maori Trustee of any interest under paragraph (c) thereof.
(5)
No vesting order in favour of the Maori Trustee shall be made under this section without his consent. The Registrar of the Court shall give to the Maori Trustee notice in writing of every recommendation made by the Court under paragraph (c) of subsection one hereof, and if the Maori Trustee does not, within twenty-eight days after receipt of the notice, file in the Court an objection to acquire any interest to which the notice relates he shall be deemed to have consented to the making of a vesting order in his favour in respect of that interest.
(6)
On the filing of an objection by the Maori Trustee to acquire any interest as aforesaid, the Court shall proceed to dispose of it in accordance with paragraph (a) or paragraph (b) of subsection one hereof.
(7)
When any compensation is made payable by any person pursuant to paragraph (b) of subsection one hereof the Court may in the partition order or by a separate charging order constitute the compensation a charge on any land or interest in land owned by the person by whom the compensation is payable.
182 Partition of combined areas.
1931, No. 31, s. 146 1950, No. 98, s. 5
(1)
Where any two or more areas of land (whether Maori land or European land) are owned or partly owned by Maoris (whether or not the owners or any of the owners of one area are also the owners or any of the owners of the other area or of any of those areas) the Court may, for the purposes of partition as between the owners, treat those several areas as a single area owned by them in common and may make an order or orders of partition in respect thereof accordingly. With the consent of the owner, any land owned in severalty may be combined with any other lands and dealt with accordingly in a partition order made under this section.
(2)
Where by a partition order under this section any European land is acquired by a Maori in severalty or is acquired by a Maori in common with any other person or persons (whether Maoris or Europeans) it shall, unless otherwise specified in the order, become Maori freehold land.
1952, No. 52
(3)
For the purpose of giving effect to any order of partition under this section the Court may cancel or vary any existing partition order or other order, although that order has already been registered or provisionally registered under the Land Transfer Act 1952.
(4)
The provisions of section sixty-one hereof shall apply with respect to the cancellation or variation of any partition order or other order pursuant to this section, and to any consequential amendments required to be made in his register by the District Land Registrar.
183 Power to award additional land as compensation for improvements, etc.
1931, No. 31, s. 148
(1)
Where in proceedings for the partition of any area of Maori freehold land it is proved to the satisfaction of the Court that any owner of an undivided interest therein has paid any survey charge or rates due in respect of that land, or has effected improvements on the land or has expended money for any purpose which in the opinion of the Court is for the benefit of all the owners of the land, the Court on partition may in its discretion award to that owner such area in addition to the area to which he would be otherwise entitled as in its opinion would be adequate to recompense him for the moneys so paid or the improvements effected by him.
(2)
Instead of awarding additional land to any owner in accordance with subsection one hereof the Court may, in the partition order or in any subsequent order, make an order for the award of compensation in respect of payments made, expenditure incurred, or improvements effected by any owner as aforesaid, and by the order shall determine by whom and the proportions in which any such compensation shall be payable.
(3)
When any compensation is awarded pursuant to this section the Court by the same or a subsequent order, may constitute any such compensation a charge on any land or interest in land owned by the person by whom the compensation is payable.
184 Court may cancel partition order.
1931, No. 31, s. 150 1952, No. 52
(1)
Subject to the provisions of subsection two hereof, the Court may at any time cancel wholly or in part any order made under this Part of this Act (whether or not that order has been registered under the Land Transfer Act 1952) and thereupon, unless another partition order is at the same time made in substitution therefor, the land affected by the order so cancelled shall to the extent of the cancellation again be held in common ownership in the same manner and in the same shares as if no such partition had taken place.
(2)
No partition order in respect of any parcel in which any person has acquired an interest by reason of any alienation not affecting the whole of the land partitioned shall be cancelled under the authority of this section without the consent of the person so interested.
185 Saving of interests charged on partitioned land.
1931, No. 31, s. 154
If, on the partition of any land, the share or interest of any person therein is subject to any right, charge, or interest vested in any other person, that right, charge, or interest shall, subject to any apportionment or adjustment made pursuant to section one hundred and seventy-nine hereof, attach to and affect the land or interest that is allocated by the partition order to the owner of the first-mentioned share or interest.
186 Application of this Part to European land owned by Maoris.
Ibid., s. 27(2)
(1)
The foregoing provisions of this Part of this Act shall, as far as applicable and with all necessary modifications, extend to confer on the Court jurisdiction to partition, in accordance with the provisions of this Part, any European land owned by Maoris.
(2)
Nothing in this section shall be construed to limit the authority or jurisdiction of any other Court.
Part XVII Exchange
187 Court may make exchange orders.
Ibid., s. 155
(1)
Exchanges of Maori freehold land or of European land owned by Maoris for other Maori land or for European land or Crown land may be effected in accordance with this Part of this Act by means of exchange orders made by the Court.
(2)
The making of any such order shall, subject to the provisions of this Part of this Act, be in the discretion of the Court.
(3)
None of the provisions contained in any other Part of this Act with respect to the alienation of Maori freehold land shall apply to an exchange under this Part of this Act.
188 Other modes of exchange not affected.
1931, No. 31, s. 156
Nothing in this Part of this Act shall prevent the alienation of Maori freehold land by way of exchange in any manner in which such an alienation could be effected independently of this Part of this Act.
189 What interests in land may be exchanged.
Ibid., s. 157
(1)
Any interest in Maori freehold land may be exchanged under this Part of this Act for any other interest (whether of the same or of any other description, and whether legal or equitable) in any other Maori freehold land or in any European land, but nothing in this Part of this Act shall extend or apply to the exchange of any interest held by a European in Maori freehold land other than an undivided share in the legal or the equitable fee simple thereof.
(2)
Any interest owned by a Maori in European land may be exchanged under this Part of this Act for an interest in any European land, whether owned by a Maori or by a European.
(3)
Any interest in Maori freehold land may be exchanged under this Part of this Act for any Crown land in accordance with the provisions in that behalf contained in Part XXI of this Act (relating to the acquisition by the Crown of land owned by Maoris).
190 Conditions precedent to making of exchange orders.
Ibid., s. 158 1946, No. 37, s. 9(l)
(1)
The Court shall not make an exchange order under this Part of this Act unless it is satisfied as to the following matters:
(a)
That the exchange is not detrimental to the interests of the Maori owners affected thereby:
(b)
That, if the interests to be exchanged are unequal in value, a sufficient sum of money by way of equality of exchange has been actually paid or sufficient security for the payment thereof has been given:
(c)
That all Maoris and other persons in whom any interest so to be exchanged is vested consent to the exchange:
Provided that the Court may, in its discretion, dispense with the consent of any person if the value of his interest does not, in the opinion of the Court, exceed the sum of one hundred pounds.
(2)
For the purposes of paragraph (c) of subsection one hereof a resolution passed at a meeting of assembled owners in accordance with Part XXIII hereof for the alienation of any land by way of exchange shall be sufficient evidence of the consent of the owners.
191 Effect of exchange order.
1931, No. 31, s. 159
(1)
An exchange order shall operate according to its tenor to transfer and vest the respective estates and interests expressed to be thereby exchanged in the same manner as if all necessary instruments of assurance had been lawfully executed by and between all persons interested, and as if they had all been fully competent in that behalf.
(2)
When any European land becomes vested in a Maori or in a trustee for any Maori for an estate in fee simple, whether legal or equitable, in exchange for Maori freehold land in accordance with this Part of this Act, the European land so exchanged shall thereupon become Maori freehold land.
192 Money payable by way of equality of exchange to be charge on land.
Ibid., s. 160
(1)
When any money is payable by any person by way of equality of exchange in pursuance of an exchange order the Court may in and by the exchange order or by a separate charging order constitute that money a charge upon any interest owned by that person in any land, and the money so charged shall be payable in accordance with the tenor of the order.
(2)
The Court may, in its discretion, allow interest at a rate not exceeding five per cent per annum on any moneys so payable by way of equality of exchange and for the time being unpaid. Where a charging order is made in respect of moneys payable by way of equality of exchange, that order shall extend to include any moneys payable by way of interest.
Part XVIII Consolidation Schemes
193 Authority for preparation of consolidation schemes.
(1)
Schemes for the consolidation of the interests of the several owners in areas of Maori freehold land (hereinafter in this Part referred to as consolidation schemes) may be prepared, confirmed, and given effect to in accordance with this Part of this Act.
1953, No. 91
(2)
In the exercise of its jurisdiction under this Part of this Act, the Court shall have regard to the requirements of any district scheme approved in accordance with the Town and Country Planning Act 1953, and operative in the district in which is situated any land included within the scope of a consolidation scheme.
194 Purpose of consolidation scheme.
(1)
In preparing a consolidation scheme under this Part of this Act the Court shall always have regard to the main purpose thereof, which shall be the consolidation and, so far as may be necessary to effect such consolidation, the redistribution of the interests of the several Maori owners in the Maori freehold lands to which the scheme primarily relates so that, as the result of the scheme, the lands will be held by the several owners in suitable and convenient areas that may be profitably used to their advantage and in the public interest.
(2)
Nothing in this section shall be construed to affect the provisions of this Part of this Act relating to the inclusion within the scope of a consolidation scheme of any lands other than Maori freehold lands.
195 Initiation by Minister of consolidation scheme.
1931, No. 31, s. 161(1)(2)
(1)
The Minister may at any time by writing under his hand direct the Court to prepare a consolidation scheme under this Part of this Act with respect to any specified area or specified areas of Maori freehold land.
(2)
In any direction given for the purposes of this section the Minister may, subject to the provisions of subsection four hereof, include within the specified area or specified areas, in addition to the Maori freehold lands to which the direction primarily relates, any other specified lands, whether Maori freehold land, European land, or Crown land.
(3)
The Minister may at any time amend a direction given by him under this section by including within or excluding from the scope of any proposed consolidation scheme such area or areas as may be specified by him in that behalf.
1948, No. 64
(4)
No European land owned otherwise than by Maoris shall be included within the scope of any consolidation scheme except with the consent in writing of the owner or owners and of every other person having any legal or equitable estate or interest therein, and no Crown lands shall be so included without the consent of the Land Settlement Board under the Land Act 1948.
(5)
In any direction given by the Minister under this section he may impose conditions or may make recommendations to the Court with respect to the reservation or setting apart of areas to be used for roading purposes, or for recreational or other reserves, or for any other specified purposes within the powers of the Court. He may also require the Court, in general terms or with such particularity as he deems proper in the circumstances, to ensure in its final recommendations that the area to be held by any owner or owners, when the scheme is given effect to, will be not less than is reasonably adequate for the purposes for which the land is used or is intended to be used.
196 Court to prepare scheme accordingly.
1931, No. 31, s. 161(1)(5)
(1)
On receipt of a direction given by the Minister pursuant to section one hundred and ninety-five hereof the Court shall proceed to make all necessary inquiries and investigations and shall as soon as practicable submit to the Minister its recommendations for a consolidation scheme.
(2)
The Court may make recommendations from time to time with respect to separate areas specified in the directions given by the Minister, and in any such case each of a series of separate recommendations shall be the basis of a separate consolidation scheme.
(3)
The recommendations made to the Minister by the Court in relation to a consolidation scheme shall be accompanied by a certificate under the hand of the Judge and the seal of the Court to the effect that, in the opinion of the Court, any redistribution or variation of the rights or interests of the several owners in accordance with the scheme will be just and equitable and that the effect of the scheme will be to promote the more efficient and economical use of the lands within its scope.
197 Powers of Court to make orders in anticipation of consolidation scheme.
1931, No. 31, s. 161(3)
(1)
For the purposes of any consolidation scheme the Court may, of its own motion, at any time before its submission of recommendations to the Minister, make any order which it would have had authority to make under any of the provisions of this Act if application therefor had been duly made in accordance with this Act or with Rules of Court.
(2)
Every such order shall be subject to appeal to the Appellate Court as if it had been made in the course of the ordinary jurisdiction of the Court.
198 Confirmation of scheme.
Ibid., s. 161(6)
(1)
On receipt by the Minister of the recommendations of the Court, the Minister may confirm the scheme in whole or in part, or may resubmit it to the Court for further consideration, or may refuse to confirm the scheme.
(2)
The refusal by the Minister to confirm a scheme, or confirmation by the Minister of a scheme in part only, shall not affect the validity or operation of any order made by the Court for the purposes of the scheme under the authority of section one hundred and ninety-seven hereof, but the Court may, in any such case, cancel any order theretofore made by it under the said section.
199 Mode of confirmation.
Ibid., s. 161(6)
(1)
Confirmation of a scheme under this Part of this Act shall be by notice under the hand of the Minister. Every such notice shall be published in the Gazette.
(2)
Where the recommendations submitted by the Court are confirmed by the Minister in part only, the part so confirmed shall be a separate consolidation scheme for the purposes of this Part of this Act.
(3)
The Minister may at any time, by notice in the Gazette, withdraw his confirmation of any scheme before the same has been given effect to by the issue of any vesting order made by the Court pursuant to section two hundred and two hereof.
200 On confirmation of scheme, Court to proceed to carry it into effect.
Ibid., s. 162
(1)
On the confirmation by the Minister of a consolidation scheme under this Part of this Act the Court shall proceed to give effect thereto, and for that purpose it may treat all land within the scope of the scheme as if it were Maori freehold land free from any right, title, estate, or interest in any person or persons.
(2)
For the purpose of giving effect to the scheme the Court, subject to the terms of the Minister’s confirmation, may, of its own motion, with respect to the lands or any of the lands included within the scope of the scheme—
(a)
Set apart roadways or provide for the closing of roads in accordance with Part XXVII hereof:
(b)
Set apart any lands required for the purposes of public reserves or as Maori reservations:
(c)
Set apart any lands for sale in accordance with subsection three hereof, for the purpose of providing funds to be available for the payment of the costs of survey, roading, draining, or general improvement of any lands within the scope of the scheme, or for the discharge of any liabilities or encumbrances affecting the same, or for any other purposes of general utility that in the opinion of the Court will be for the benefit of the general body of owners:
(d)
Recommend that any uneconomic interest (as hereinafter defined) be acquired by the Maori Trustee at a price to be fixed by the Court, to be paid out of the Conversion Fund established under Part XIII of this Act:
(e)
Provide for payment to or on behalf of any of the owners of interests in any land within the scope of the scheme of such sums of money as it may determine by way of compensation in whole or in part for those interests, and in any such case shall exclude those owners, in whole or in part, from any right to participate in the redistribution of the land within the scope of the scheme.
(3)
Any lands set apart in accordance with paragraph (c) of subsection two hereof shall be vested by the Court in the Maori Trustee, in trust for sale in such manner and on such terms as the Court may in its order direct, and, subject to any such directions, in such manner and on such terms as the Maori Trustee thinks fit. The net proceeds derived from the sale of such lands shall be held by the Maori Trustee and shall be available from time to time as required for the several purposes specified in the order. Any unexpended balance of the proceeds of sale that are not for the time being required for any of the purposes specified in the order shall be disposed of or otherwise dealt with by the Maori Trustee in accordance with the directions of the Court.
(4)
For the purposes of paragraph (d) of subsection two hereof the term “uneconomic interest”
means an interest of which the value, in the opinion of the Court, does not exceed the sum of twenty-five pounds, and which, by itself or in conjunction with any other interest or interests to which any owner is entitled, would not, on the completion of the consolidation scheme, entitle him to an area of land that could, in the opinion of the Court, be used with advantage to the owner as a separate unit of occupation or production.
(5)
The person or persons by whom any compensation shall be paid in accordance with paragraph (e) of subsection two hereof, and the amount payable by each such person, shall be specified by the Court, and pending the payment of any such compensation the Court may charge therewith any lands within the scope of the scheme.
(6)
No appeal shall lie from any order of the Court made for the purposes of this section.
201 Uneconomic interests to be vested in Maori Trustee by vesting order.
(1)
No uneconomic interest referred to in paragraph (d) of subsection two of section two hundred hereof shall be vested in the Maori Trustee without his consent.
(2)
The Registrar of the Court shall give to the Maori Trustee notice in writing of every recommendation made by the Court under the said paragraph (d), and if the Maori Trustee does not, within twenty-eight days after receipt of the notice, file in the Court an objection to acquire any interest to which the notice relates, he shall be deemed to have consented to the making of a vesting order in his favour in respect of that interest.
(3)
Except as provided in the foregoing provisions of this section all uneconomic interests referred to in paragraph (d) of subsection two of section two hundred hereof shall be vested in the Maori Trustee by vesting order made in accordance with section two hundred and two hereof.
202 Vesting orders in respect of residue of land included in consolidation scheme.
1952, No. 52
(1)
When the Court has completed the making of orders for the purposes of section two hundred hereof it shall, by vesting order, distribute the land then available for distribution in accordance with the scheme in such manner as it deems equitable to such of the original owners or to such other persons (including the Crown) as it thinks fit. For the purposes of the vesting order the Court may, by that order or by a subsequent order, cancel or amend any orders theretofore made by the Court affecting the land or any part thereof (whether or not those orders have been registered under the Land Transfer Act 1952).
(2)
In the vesting order made as aforesaid, or in any subsequent order made on the application of any person interested or of its own motion, the Court may apportion or adjust as between the owners of the lands affected all rights, obligations, or liabilities arising from any lease, licence, mortgage, or charge to which the land or any part of the land was subject at the date of the vesting order, and every such order of apportionment or adjustment shall have effect according to its tenor in the same manner in all respects as if all necessary transfers, releases, covenants, and other dispositions or agreements had been duly made in that behalf by all persons concerned, and may be registered under the Land Transfer Act 1952 accordingly.
(3)
Subject to the provisions of subsection two hereof the making of a vesting order under this section with respect to any land shall not affect any lease, licence, mortgage, or charge to which that land or any interest therein is subject at the time of the making of the vesting order.
(4)
In the exercise of its powers under subsection two hereof with respect to any mortgage or lease the Court shall not make any apportionment or adjustment of rights, obligations, or liabilities without the consent of the mortgagee or lessee. Except as herein provided, the Court may exercise its powers of apportionment or adjustment in such manner as it deems equitable.
(5)
Every vesting order made by the Court under the authority of this section shall constitute, without any transfer or other instrument of assurance, the title to the land included therein.
203 For purposes of scheme Court may authorize Maori Trustee to grant new lease in exchange for existing lease.
(1)
If in the opinion of the Court the power conferred on it by subsection two of section two hundred and two hereof to apportion and adjust the rights and obligations of the parties to a lease or licence cannot appropriately or conveniently be exercised, it may with the consent of the lessee or licensee direct the Maori Trustee to accept a surrender of any such lease or licence and to grant a new lease or licence in substitution therefor in respect of any land within the scope of the scheme.
(2)
On the making of an order under this section the Maori Trustee shall in accordance therewith accept a surrender of the lease or licence and shall grant a new lease or licence in substitution therefor on such terms and conditions as the Court may direct.
(3)
Every instrument executed by the Maori Trustee for the purposes of this section shall, without confirmation under Part XIX of this Act, have the same force and effect, and may be registered in like manner, as if it had been lawfully executed by all of the owners or their trustees, and as if those owners or trustees had been fully competent in that behalf. The production of any certificate of title issued in respect of the land affected by the instrument shall not be necessary for the registration of that instrument.
(4)
Every instrument so executed by the Maori Trustee shall contain a statement or recital that he is duly authorized to execute the same under this section, and every such statement or recital shall be accepted by the District Land Registrar and by all Courts as sufficient prima facie evidence of the facts so stated or recited.
204 Special provisions with respect to lands vested by statute in Maori Trustee for beneficial owners.
(1)
Where any lands within the scope of a consolidation scheme under this Part of this Act, not being part of a Maori reserve, have been vested by statute in the Maori Trustee in trust for the beneficial owners thereof, the Maori Trustee by writing under his hand may, for the purposes of the scheme, release those lands or any of those lands from the trust, and thereupon the Court, in any vesting order made under section two hundred and two hereof, shall deal with the lands so released as if they had not been subject to any such trust, but had been vested in the beneficial owners thereof.
(2)
Except as provided in subsection one hereof the Court, by vesting order, shall vest in the Maori Trustee, in trust for the beneficial owners named or otherwise designated in the vesting order, the lands that were subject to the statutory trust with such variations of boundaries (if any) as may have been made in accordance with the foregoing provisions of this Part of this Act for the purposes of the consolidation scheme.
(3)
The lands so vested in the Maori Trustee shall thereafter be subject to the terms of the statutory trust.
205 Court to specify date on which vesting orders to take effect.
(1)
Every vesting order made by the Court pursuant to section two hundred and two hereof shall take and be deemed to have taken effect on a date to be specified by the Court in that behalf.
(2)
Notwithstanding anything to the contrary in section thirty-four hereof, the date so specified may be a date earlier or later than the date of the minute entered in the records of the Court with reference to the vesting order.
(3)
No appeal to the Appellate Court shall lie from any such vesting order.
206 Registration of vesting orders under Land Transfer Act.
1952, No. 52
The provisions of section one hundred and seventy-eight hereof, as to the registration under the Land Transfer Act 1952 of partition orders, shall, with any necessary modifications, apply with respect to the registration under that Act of vesting orders made under section two hundred and two of this Act.
207 Governor-General may prohibit alienation pending execution of scheme.
1931, No. 31, s. 167
(1)
For the purpose of enabling any scheme of consolidation to be prepared and carried into effect, the Governor-General may by Order in Council prohibit the alienation of any Maori freehold land or of any European land owned by Maoris that is for the time being within the scope of the scheme. Any such Order in Council may be at any time varied or revoked.
(2)
All the provisions of Part XXI of this Act relating to the prohibition of alienations during negotiations for acquisition by the Crown of Maori freehold land shall apply during the currency of an Order in Council under this section with respect to all land affected by that Order.
(3)
No such Order in Council shall prevent the lease, sale, or other alienation by the Maori Trustee of any Maori land vested in him.
208 Exemption of vesting orders from succession duty and gift duty.
(1)
No Maori succession duty or gift duty shall be payable in respect of any vesting order or other order made by the Court for the purposes of this Part of this Act.
(2)
Where any order made by the Court prior to the initiation or preparation of a consolidation scheme under this Part of this Act relates to land within the scope of the scheme and is liable for the payment of Maori succession duty or of gift duty the Court may declare that order, in whole or in part, to be exempt from any such duty.
(3)
A certificate under the hand of the Registrar of the Court that any order is exempt or has been exempted as aforesaid from liability in respect of Maori succession duty or of gift duty shall be conclusive evidence of the exemption and shall be accepted by all persons concerned with the assessment or collection of Maori succession duty or of gift duty.
209 Changes of ownership may result in change of status of land.
(1)
Where any Crown land or European land is vested under this Part of this Act in a Maori or in Maoris or in trustees for Maoris for an estate in fee simple (whether or not any European may also have any estate or interest therein) it shall thereupon become Maori freehold land.
1948, No. 64
(2)
Where any Maori freehold land is vested in the Crown under this Part of this Act it shall thereupon cease to be Maori freehold land and shall become Crown land within the meaning of the Land Act 1948.
(3)
Where any Maori freehold land is vested in a European for an estate in fee simple under this Part of this Act it shall thereupon cease to be Maori freehold land and shall become European land.
210 Saving incorporation of owners of land within consolidation scheme.
The vesting of any lands within the scope of a consolidation scheme in a body corporate of owners established under Part XXII of this Act or the vesting in any other person of lands theretofore vested in any such body corporate shall not affect the entity of the body corporate.
Part XIX Alienation of Land by Maoris
General Provisions
211 General provisions as to alienation of land by Maoris.
1931, No. 31, s. 256
(1)
Subject to the provisions of this or any other Act, a Maori may alienate or dispose of any land or any interest therein in the same manner as a European, and Maori land or any interest therein may be alienated or disposed of in the same manner as if it were European land.
(2)
The repeal by this Act of section two hundred and fifty-six of the Maori Land Act 1931, shall not be deemed to have restored any of the prohibitions or restrictions on alienation referred to in subsection one of that section.
212 Restrictions on alienation of Maori land not to apply to alienations to Crown.
1931, No. 31, s. 439
Except so far as may be otherwise expressly provided in this or any other Act, none of the restrictions, prohibitions, conditions, or requirements imposed by this Act or otherwise howsoever upon the alienation of Maori land or of interests therein shall apply to the alienation of any such land or interests to the Crown.
213 Court may by vesting order transfer interest in Maori land.
(1)
For the purpose of giving effect to any arrangement or agreement made between the persons concerned the Court may, in its discretion, make a vesting order for the transfer of any interest, whether legal or equitable, in any Maori freehold land (whether owned by a Maori or a European) to a Maori or to the descendant of a Maori or to a body corporate of owners established under Part XXII hereof.
(2)
A vesting order under this section may be made on the application of the intending alienor or alienee or of any other person interested.
(3)
On the hearing of an application under this section the Court shall take into consideration, as far as applicable, the several matters that it would be required to take into consideration if the application for a vesting order were an application for the confirmation of an instrument of alienation for the transfer of the same interest by the same alienor to the same alienee, and shall not make a vesting order unless in like circumstances it would have confirmed such an instrument of alienation.
(4)
If on the hearing of an application under this section it appears to the Court that some modification in favour of the owners should in justice be made in the terms of the arrangement or agreement, the Court may, with the consent of the alienee, modify the terms of such arrangement or agreement.
214 Liability of vesting orders to conveyance duty under Stamp Duties Act 1923.
(1)
On the making of a vesting order under section two hundred and thirteen hereof, the Court shall determine the value of the land or of the interest in land comprised therein, and the value so determined shall, for the purposes of this section, be final and conclusive.
(2)
No stamp duty shall be payable in respect of any such vesting order if the value of the land or of the interest in land comprised therein, as determined by the Court, does not exceed the sum of one hundred pounds. A certificate under the hand of the Registrar that any order is exempt from stamp duty by virtue of the provisions of this subsection shall be conclusive evidence of the exemption and shall be accepted by the District Land Registrar and all other persons without inquiry.
(3)
Where the value of the land or interest in land comprised in any such vesting order exceeds the sum of one hundred pounds conveyance duty under the Stamp Duties Act 1923 shall be payable thereon as if the vesting order was an instrument of conveyance within the meaning and for the purposes of Part IV of that Act.
(4)
All duty payable on any such vesting order shall be paid into Court, and the vesting order shall not issue from the Court until the duty thereon has been paid.
(5)
When the proper amount of conveyance duty on any such vesting order has been paid into Court, the Registrar shall certify on the order that the stamp duty has been paid, and the vesting order shall be deemed to have been duly stamped for the purposes of the Stamp Duties Act 1923. All duty received under this section shall be disposed of as if it were revenue derived under the Stamp Duties Act 1923.
215 Restrictions on alienation of Maori land owned by more than ten owners.
1931, No. 31, s. 258 1932, No. 25, s. 4
(1)
When any Maori land is owned for a legal estate in fee simple by more than ten owners as tenants in common, exclusive of any European owner, no Maori owner thereof shall (except as provided in section two hundred and thirteen hereof) be capable of making any alienation thereof unless that alienation is made in accordance with Part XXIII of this Act (relating to the powers of assembled owners), or with the consent of the Governor-General in Council granted upon the recommendation of the Court.
(2)
In computing the number of the owners of any Maori land for the purposes of this section the successors of a deceased Maori who is named in the title as an owner shall be computed as being one person only.
216 Alienation of equitable interests.
1931, No. 31, ss. 259, 260
(1)
No Maori shall be capable of making any alienation, charge, or other disposition (otherwise than by will) of his equitable or beneficial interest in any land of which the legal estate is vested by or pursuant to any statute in any trustee unless he is entitled by statute or otherwise to get in the legal estate.
(2)
Subsection one hereof shall not limit the power of the Court to make a vesting order or other order pursuant to any authority conferred on it by any of the provisions of this Act.
217 Maori incapable of disposing of revenues or proceeds of Maori land.
Ibid., s. 261
(1)
Subject to the provisions of this or any other Act, no Maori shall be capable of making, except by will, any assignment, charge, or other disposition, whether by way of anticipation or otherwise, of any rent, purchase money, or other money which is or may become receivable by him in respect of his interest, whether legal or equitable, in any Maori land or in respect of any alienation thereof.
(2)
Nothing in this section shall prevent any alienation, assignment, mortgage, charge, or other disposition, in favour of the Crown or of a State Loan Department.
218 Sale of standing timber, flax, etc.
1937, No. 34, s. 3
(1)
For the purposes of this Part of this Act a contract of sale of any timber, flax, minerals, or other valuable thing attached to or forming part of any Maori land (other than industrial crops) or any contract, licence, or grant conferring upon any person whether by way of agency or otherwise the right to enter upon any Maori land for the purpose of removing therefrom any timber, flax, minerals, or other valuable thing attached thereto or forming part thereof (other than industrial crops) shall be deemed to be an alienation of that land, unless the thing so sold or agreed to be sold or authorized to be removed has been severed from the land before the contract, licence, or grant is made or granted.
(2)
If on application for the confirmation of an alienation to any person other than the Crown of land having any timber trees growing thereon, it appears to the Court that the alienation is primarily or substantially for the purpose of effecting the disposition of any timber, it shall not confirm the alienation except with the consent of the Minister of Forests, which may be unconditional or subject to such general or specific conditions as that Minister may impose.
(3)
The refusal of the Minister of Forests to give any consent as aforesaid, or the consent of that Minister and the terms of any conditions attached thereto, shall be forthwith communicated by him to the Minister of Maori Affairs.
219 Disposition of life estate, etc.
1931, No. 31, s. 263
Any alienation or other disposition by a Maori of a life estate in Maori land, or of any other beneficial freehold interest in Maori land less than the fee simple thereof shall be deemed to be an alienation of Maori land by that Maori and all the provisions of this Part of this Act with respect to any such alienation shall apply thereto accordingly.
220 Alienations by trustees.
Ibid., s. 264 1936, No. 53, s. 46
All the provisions of this Part of this Act relating to alienations of Maori land by a Maori shall extend and apply to alienations of Maori land by any person (other than the Maori Trustee) acting as the trustee of a Maori:
Provided that where the trustee is not a Maori the formalities of execution prescribed by section two hundred and twenty-two hereof shall not be required, and the instrument of alienation may be executed by him in the same manner as if the land affected thereby were European land.
221 Alienations by Maori Trustee.
Except for the purposes of Part X of this Act or as may be otherwise expressly provided in this or any other Act, the provisions of this Part of this Act shall not apply to any alienation of Maori land where the instrument of alienation is executed by the Maori Trustee as trustee, agent, or in any other capacity.
Execution of Instruments of Alienation
222 Formalities of execution.
1931, No. 31, s. 268 1940, No. 30, s. 26
(1)
Every alienation of Maori land by a Maori shall be effected by an instrument in writing executed in conformity with the provisions of this section.
(2)
Every such instrument shall be signed by the alienor, whose signature shall be attested by:
(a)
A solicitor of the Supreme Court; or
(b)
A Justice of the Peace; or
(c)
A Stipendiary Magistrate; or
(d)
A Judge, Commissioner, or Registrar of the Maori Land Court; or
(e)
A Postmaster; or
(f)
An officer in the service of the Crown who is for the time being authorized by the Governor-General, by notice published in the Gazette, to attest the signature of Maoris to instruments of alienation to which this section applies.
(3)
If the attesting witness certifies in writing on the instrument that the Maori executing the same had a knowledge of the English language sufficient to enable him to understand and that he did in fact understand the effect or purport of the instrument, his certificate shall be conclusive proof of the facts so certified to.
(4)
Except where a certificate is given by the attesting witness in accordance with subsection three hereof, every instrument of alienation to which this section applies shall be signed and attested as required by subsection two hereof, and shall also be attested by a licensed Interpreter who shall certify in writing on the instrument that the provisions of the instrument were explained by him to the Maori, and that the Maori understood the effect or purport thereof.
(5)
In every case to which subsection four hereof applies a plan of the land affected by the instrument shall appear thereon or be attached thereto.
(6)
The date of the execution of an instrument of alienation shall be stated in the instrument and no person shall sign the instrument as an attesting witness unless the date of execution has been so stated in the instrument. Where the instrument is executed on different dates by several alienors, the date of execution by each such alienor shall be stated in the instrument.
(7)
Nothing in this Part of this Act shall exclude the jurisdiction of the Supreme Court, in any case in which an instrument of alienation has been duly confirmed, to order the rectification of that instrument in accordance with the true intent of the parties in the same manner as if the instrument had been made between Europeans; and in any such case no further confirmation shall be required.
223 Maori out of New Zealand may appoint attorney.
1931, No. 31, s. 269
(1)
Notwithstanding the requirements of this Part of this Act as to the execution of instruments of alienation of Maori land by Maoris, a Maori who at the time of the execution of any such instrument is out of New Zealand may execute that instrument by his attorney, being a European.
(2)
The instrument shall be executed by the attorney in the same manner as if he were the attorney of a European.
(3)
The power of attorney shall be executed by the Maori and be verified in the same manner as if he were a European, and all the provisions of any enactment relating to the execution, verification, and operation of powers of attorney given by Europeans shall extend and apply accordingly.
Confirmation
224 Alienations by Maoris to be confirmed.
1932, No. 25, s. 2
(1)
Except as may be otherwise expressly provided in this or any other Act no alienation of Maori land by a Maori shall have any force or effect unless and until it has been confirmed by the Court.
(2)
An appeal shall lie to the Appellate Court from any decision of the Court to grant or refuse confirmation of an alienation or from any variation by the Court of the terms of any alienation.
225 Application for confirmation.
1931, No. 31, s. 271 1932, No. 25, s. 4
(1)
Except as provided in subsection two hereof, confirmation of an alienation of Maori land by a Maori shall not be granted unless application for confirmation is made by or on behalf of a party to the instrument of alienation within six months after the date of the execution of the instrument by that Maori; or, if the land is situated in the Chatham Islands, within twelve months after that date.
(2)
Notwithstanding anything in subsection one hereof, the Court may, in its discretion, and subject to such terms and conditions as it thinks just, confirm any alienation for the confirmation of which application was not made within the time limited by that subsection, if, in all the circumstances of the case, the Court is of opinion that the alienation should be confirmed.
(3)
When an instrument of alienation is executed at different times by different parties alienating, successive applications for confirmation may be made in respect of the successive executions of the instrument, and the alienation may be confirmed from time to time accordingly.
226 Effect of confirmation.
1931, No. 31, s. 272 1932, No. 25, s. 3
(1)
Confirmation shall be granted by a certificate of confirmation endorsed or otherwise written on the instrument of alienation, under the seal of the Court and the hand of the Judge by whom it was granted, or of any other Judge.
1952, No. 52
(2)
On confirmation being granted the instrument of alienation shall (if otherwise valid) take effect according to its tenor, subject to the requirements (if any) of registration under the Land Transfer Act 1952, as from the date on which it would have taken effect if no such confirmation had been required.
(3)
For the purposes of the Stamp Duties Act 1923, the date of the certificate or of each successive certificate of confirmation shall be deemed to be the date of the execution of the instrument in respect of the alienation thereby confirmed.
227 Conditions of confirmation.
1931, No. 31, ss. 273, 275 1932, No. 25, s. 4
(1)
Except as otherwise provided in this section, no alienation shall be confirmed unless the Court is satisfied as to the following matters:
(a)
That the instrument of alienation has been duly executed in manner required by this Part of this Act:
(b)
That the alienation is not contrary to equity or good faith, or to the interests of the Maori alienating:
(c)
That the alienation, if completed, would not result in an undue aggregation of farm land:
(d)
That, having regard to the relationship (if any) of the parties and to any other special circumstances of the case, the consideration (if any) for the alienation is adequate:
(e)
That in the case of an alienation by way of sale the purchase money has been paid or has been sufficiently secured:
(f)
That the alienation is not in breach of any trust to which the land is subject:
(g)
That the alienation is not otherwise prohibited by law.
1952, No. 34
(2)
For the purposes of paragraph (c) of subsection one hereof, the Court shall determine whether or not any land is farm land, and its determination, which shall be final, shall as far as possible be in conformity with the relevant provisions of the Land Settlement Promotion Act 1952, and in determining whether or not an alienation would result in an undue aggregation of farm land it shall have regard to the several matters that a Land Valuation Committee is, by Part II of that Act, required to consider in relation to applications made to the Land Valuation Court for its consent to transactions to which the said Part is applicable.
(3)
Confirmation of an alienation of land having timber trees growing thereon shall not be granted except in accordance with the provisions of section two hundred and eighteen hereof.
(4)
If the Court is satisfied as to all the matters referred to in the foregoing provisions of this section, a certificate of confirmation shall, subject to any special provisions of this Act to the contrary, be granted as a matter of right.
(5)
A certificate of confirmation shall, except in criminal proceedings, be conclusive proof that all the requirements of the law as to the matters referred to in subsection one of this section (other than the matters referred to in paragraphs (f) and (g) thereof) have been duly fulfilled or observed.
(6)
The Court may, in its discretion, confirm an alienation notwithstanding any informality or irregularity in the mode of execution of the instrument of alienation if, having regard to the interests of all the parties, it is satisfied that the informality or irregularity is immaterial.
(7)
No certificate of confirmation shall be questioned or invalidated on the ground of any error or irregularity in the procedure by which it was applied for or granted.
228 Except in special circumstances application for confirmation to be supported by special valuation.
(1)
Except as may be otherwise provided by Rules of Court or unless exemption from the requirements of this section is granted by the Court, every application for the confirmation of an instrument of alienation shall be supported by a special valuation of the land to which the instrument of alienation relates. Every special valuation made for the purposes of this section shall be made by the Valuer-General and shall be transmitted by him to the Court.
(2)
For every valuation made by the Valuer-General for the purposes of this section there shall be paid by the applicant for confirmation a fee to be fixed by the Valuer-General.
(3)
In determining the adequacy of the consideration the Court shall have regard to the valuation made by the Valuer-General as aforesaid, but shall not be bound to determine the adequacy of the consideration in conformity with that valuation.
229 Terms of alienation may be modified.
1931, No. 31, s. 279
(1)
If on the hearing of an application for confirmation it appears to the Court that some modification in favour of the Maori owners should in justice be made in the terms of the alienation (whether by way of an increase of the amount payable as purchase money, or interest, or rent, or otherwise howsoever), the Court may, with the consent of the alienee, modify the terms of the alienation, and may confirm the same as modified. The terms of any such modification so made by the Court shall be set out in the certificate of confirmation.
(2)
If the alienee does not consent to any modification proposed by the Court for the purposes of this section, the Court, notwithstanding anything to the contrary in section two hundred and twenty-seven hereof, may refuse to confirm the alienation.
230 Protection of tenant’s improvements.
Ibid., s. 280 1932, No. 25, s. 4
Where, on application for confirmation of an alienation by sale or lease of any Maori freehold land that is held under lease, it appears to the Court—
(a)
That the alienation is not to the existing tenant and that the alienation would, if confirmed, be detrimental to his interests; and also
(b)
That the tenant has effected substantial improvements or has paid for substantial improvements effected by a predecessor in title, and that the existing lease does not make satisfactory provision for payment to the tenant of compensation for any such improvements:
it may, notwithstanding anything to the contrary in this Part of this Act, refuse to confirm the alienation unless it is satisfied that the owner has offered in writing to sell or lease the land, as the case may be, to the existing tenant at a price or rental not exceeding the price or rental fixed by the instrument of alienation, and that the tenant has refused the offer or has failed to accept it within a reasonable time.
231 Purchase money or other proceeds of alienation to be paid to Maori Trustee.
(1)
Unless in any case the Court otherwise directs, all proceeds derived from any alienation to which this Part of this Act applies, whether by way of purchase money, rent, royalties, interest, or otherwise, shall be paid to the Maori Trustee, and the receipt of the Maori Trustee shall be a sufficient discharge for any such moneys received by him.
(2)
Nothing in this section shall be construed to authorize the Court to give directions with respect to the payment of any moneys if such directions would be contrary to any express provisions of this Act as to the payment or disposition of those moneys.
(3)
Where any purchase moneys, royalties, or other moneys, not including rent, are payable to the Maori Trustee in respect of the alienation of any land or interest in land, the Court may, if the share in such moneys of any person specified by the Court exceeds one hundred pounds, direct that that share or a defined portion thereof be held by the Maori Trustee in trust for the purchase of land or the erection of a dwellinghouse or for any other specified purpose which in the opinion of the Court would be for the permanent benefit of the person entitled thereto.
(4)
The Court may at any time vary the trust on which any such money is held, or may direct the Maori Trustee to pay the money or any part thereof to the person entitled thereto.
(5)
Except as provided in the foregoing provisions of this section, all moneys received by the Maori Trustee pursuant to this section shall, after the making of all proper deductions, be distributed by him to the persons entitled thereto.
(6)
All moneys payable to the Maori Trustee pursuant to this section shall, as they become due and payable, constitute a debt due to the Maori Trustee and shall be recoverable accordingly.
(7)
All moneys which, at the commencement of this Act, are held by the Maori Trustee by virtue of an order made by the Court under section two hundred and eighty-one of the Maori Land Act 1931, in favour of any Maori Land Board or of the Maori Trustee, shall thereafter be held or disposed of by the Maori Trustee in accordance with this section, and the foregoing provisions of this section shall, so far as applicable, apply with respect to all such moneys.
1953, No. 95
(8)
For his services in respect of moneys received by him under this section the Maori Trustee shall be entitled to commission at a rate determined in accordance with the provisions of the Maori Trustee Act 1953.
(9)
The Court may, in its discretion, direct that any commission payable under this section or a defined percentage thereof, shall be paid by the alienee, and any commission so made payable shall be recoverable by the Maori Trustee as a debt due to him by the alienee.
Compare: 1931, No. 31, s. 281
232 Confirmation of instruments in pursuance of precedent contract.
1931, No. 31, s. 282 1932, No. 25, s. 4
When any valid contract to grant or renew a lease, or any other valid contract of alienation, has been duly confirmed, the confirmation of any lease or other instrument of alienation in pursuance of that contract shall, if duly executed in accordance with this Act, be granted by the Court as a matter of right.
233 Mortgages to State Loan Departments.
1931, No. 31, s. 297 1937, No. 34, s. 4 1952, No. 51
(1)
No mortgage or charge of Maori land in favour of a State Loan Department shall require confirmation under this Part of this Act.
(2)
Notwithstanding anything to the contrary in section eighty-one or section eighty-two of the Property Law Act 1952, no mortgage to a State Loan Department in respect of Maori land shall be assigned otherwise than to another State Loan Department.
Part XX Leases of Maori Land
General Provisions
234 Interpretation.
1931, No. 31, s. 295 1950, No. 98, s. 15
In this Part of this Act, unless the context otherwise requires,—
“Lease”, in relation to any Maori freehold land, includes, in addition to its ordinary meaning, any licence, grant, or other alienation conferring upon any person a right at law or in equity to the use or occupation of the land for any purpose, or a right to enter thereon for the purpose of removing therefrom timber, minerals, flax, or any other valuable thing attached to or forming part thereof, whether that alienation confers a right of exclusive possession or not; and the terms “lessor”
, “lessee”
, and “rent”
shall be construed accordingly:
“Farm lease” means a lease for a term not less than ten years of any land that is used or intended to be used by or on behalf of the lessee exclusively or principally for agricultural or pastoral or horticultural purposes, or for the production of food products or other useful products of the soil, or for dairy farming or the keeping of pigs, bees, or poultry, or for a combination of any two or more of such purposes:
The expression “improvements effected by a lessee”
or any expression to the like effect means improvements made by a lessee during the currency of his lease; and includes improvements purchased or otherwise acquired by him for value and in existence on the land at the commencement of the lease.
235 Leases of Maori land not to exceed fifty years.
1931, No. 31, s. 285
(1)
Except as may be otherwise expressly provided in any Act no alienation of Maori freehold land by way of lease shall be for a longer term than fifty years (including any term or terms of renewal to which the lessee may be entitled).
(2)
Every such lease shall be granted so as to take effect in possession within one year from the date of the first execution thereof by any party thereto.
(3)
Subject to the provisions of this section as to the maximum duration thereof, any such lease may confer on the lessee a right of renewal for one or more terms.
236 Subdivisions of leaseholds.
Ibid., s. 288
(1)
For the purpose of facilitating the subdivision of any Maori freehold land held under lease, the lessee may apply to the Court for leave to surrender his lease and for the grant to him or to some other person or persons nominated by him of two or more leases in substitution for the surrendered lease.
(2)
If on application under this section the Court is satisfied that the proposed subdivision is not prejudicial to the interests of the Maori owners, it may, with the consent of any person having a registered mortgage or other charge on the lands comprised in the lease, and subject to the following provisions of this section, make an order directing the Maori Trustee to accept a surrender of the existing lease and to grant in substitution therefor two or more leases over the lands comprised in the surrendered lease.
(3)
An order under this section shall be sufficient authority for the Maori Trustee to act in accordance with the directions therein contained as the agent of the owners of the land.
(4)
Every lease granted by the Maori Trustee under this section shall be for the residue of the term of the surrendered lease and shall confer on the lessee the same rights of renewal (if any) as were conferred by that lease. The rents payable under the new leases shall be not less in the aggregate than the rent payable under the surrendered lease.
(5)
Except as provided in subsection four hereof the terms and conditions of the several new leases granted under this section shall be fixed by the Court, and, as nearly as may be, shall be the same as in the surrendered lease.
(6)
New leases under this section may, in accordance with the terms of the application made by the original lessee, be granted as follows:
(a)
To the original lessee; or
(b)
To the original lessee, in respect of any portion or portions of the land comprised in the surrendered lease and to any other person or persons in respect of the whole or of any portion or portions of the residue; or
(c)
To any person or persons (to the exclusion of the original lessee).
(7)
If any lease surrendered pursuant to this section is at the time of surrender subject to any registered mortgage or charge, every such mortgage or charge shall be apportioned or adjusted by the Court between the several new leases granted in substitution therefor.
(8)
If an assignment of the rent payable in respect of a surrendered lease is in force on the date of surrender, it shall thereafter operate as an assignment of the rent payable in respect of the new leases issued in substitution for the surrendered lease.
(9)
If, in any case to which the foregoing provisions of this section do not apply, the lessee of any Maori freehold land desires to surrender his lease, in whole or in part, he may apply to the Court for an order authorizing the Maori Trustee to accept, for and on behalf of the owners, a surrender of the lease in respect of the whole or a defined portion of the land comprised therein, and the Court may thereupon, subject to such conditions as it thinks fit to impose for the protection of the interests of the owners, make an order accordingly.
(10)
On the making of an order under subsection nine hereof the Maori Trustee may in accordance therewith accept a surrender of the lease in whole or in part.
237 Maori Trustee to execute renewals.
1931, No. 31, s. 290
(1)
The lessee under any lease of Maori freehold land (whether granted before or after the commencement of this Act) who claims that he is entitled to a renewal of his lease may apply to the Court for an order directing the Maori Trustee to execute, as the agent of the owners, an instrument of renewal in accordance with the terms of the lease, and the Court may make such an order accordingly.
(2)
On the making of an order under this section the Maori Trustee shall have authority, in accordance with the terms of the order, to execute a renewal of the lease as if he were the duly appointed agent of the owners.
(3)
Nothing in this section shall be construed to limit the authority of the Supreme Court to make an order for specific performance or to grant to a lessee any other relief in respect of the default of the owners to renew any lease.
238 Court may appoint valuers for purposes of lease.
Ibid., s. 291
(1)
If any lease of Maori freehold land contains provision for the appointment by the lessor of a valuer, arbitrator, or umpire for any purpose connected with the lease and the lessor has failed to comply with that provision the Court may, on application by the lessee, appoint any person to be a valuer, arbitrator, or umpire on behalf of the lessor, and the person so appointed shall be as competent to act and bind the lessor as if he had been personally appointed by the lessor in that behalf.
(2)
Before making an appointment under this section the Court may require the lessee to deposit with the Court a sum sufficient in its opinion to defray the costs and charges of the valuer, arbitrator, or umpire.
239 Maori Trustee may enforce covenants of lease on behalf of owners.
1943, No. 24, s. 4
(1)
On application by or on behalf of the owners of any Maori freehold land held under lease, or without requiring any such application in any case where he thinks fit so to do, the Maori Trustee may, in his own name or in the name of the owners, exercise all rights of action, distress, or re-entry or other rights of the owners in respect of the land as if he were the owner thereof, and may exercise any such rights whether or not the lease has expired or has been otherwise determined.
(2)
Before exercising any rights under this section or in the course of exercising any such rights the Maori Trustee may require that any costs, charges, or expenses incurred or likely to be incurred by him shall be paid by the owners or that payment thereof be satisfactorily secured, and may apply any moneys received under this section or otherwise held by him on behalf of the owners or any of them in payment of any costs, charges, or expenses incurred by him in the exercise of his powers under this section.
240 Execution of instruments by Maori Trustee as agent of owners.
(1)
Every instrument executed by the Maori Trustee for the purposes of this Part of this Act as the agent of the owners shall have the same force and effect, and may be registered in like manner, as if it had been lawfully executed by all the owners or their trustees, and as if those owners or trustees had been fully competent in that behalf. The production of any certificate of title issued in respect of the land affected by the instrument shall not be necessary for the registration of that instrument.
(2)
Every instrument so executed by the Maori Trustee shall contain a statement or recital that he is duly authorized to execute the same as the agent of the owners under this Part of this Act, and every such statement or recital shall be accepted by the District Land Registrar and by all Courts as prima facie evidence of the facts so stated or recited.
Compensation for Improvements Effected by Lessees
241 Compensation for improvements in cases to which this Part not applicable.
1950, No. 98, s. 16
(1)
The following provisions of this Part of this Act as to compensation for improvements shall not apply with respect to leases granted pursuant to any statutory authority other than this Act by which provision is made for or in respect of the payment of compensation for improvements effected by the lessee.
(2)
Except so far as they are incorporated in or applied by Part XXIV or Part XXV of this Act, the following provisions of this Part shall not apply with respect to leases granted pursuant to either of those Parts.
(3)
The rights (if any) of the lessee under any lease referred to in subsection one or subsection two of this section to receive compensation for improvements effected by him shall be determined in accordance with the terms of his lease and not in accordance with this Part.
242 Compensation for improvements to lessees under farm leases.
Ibid., ss. 17, 18
(1)
Except as provided in section two hundred and forty-one hereof, every farm lease of Maori freehold land that is granted after the commencement of this Act shall contain express provisions to the effect:
(a)
That the lessee shall, on the expiry of his lease by effluxion of time, be entitled to compensation for improvements effected by him (being all such improvements or being improvements of such kinds or classes as may be specified in that behalf in the lease); or
(b)
That the lessee shall not be entitled to any compensation for improvements effected by him.
(2)
Where a farm lease provides for the payment to the lessee of compensation for any improvements, the lease shall specify the percentage which the amount of compensation shall bear to the value of those improvements as at the termination of the lease (being not more in any case than seventy-five per cent of the value of those improvements).
(3)
Where the parties to a farm lease agree that the lessee shall be entitled to compensation for improvements, the value of those improvements shall be computed in accordance with this Part of this Act and not otherwise.
(4)
Notwithstanding anything in the foregoing provisions of this section any lease that provides for the payment of compensation for improvements may further provide that the right to compensation may be forfeited, in whole or in part, if the lessee fails to comply with any specified covenants of the lease.
243 No farm lease or resolution to grant a farm lease to be confirmed unless reference made therein to compensation.
1950, No. 98, ss. 19, 20
(1)
No farm lease to which section two hundred and forty-two hereof applies and no resolution of the owners assembled in accordance with Part XXIII of this Act to grant any such lease shall be confirmed by the Court unless that lease or resolution contains an express provision to the effect that the lessee shall be entitled to compensation for improvements in accordance with this Part of this Act, or, in the alternative, that the lessee shall not be entitled to any compensation for improvements effected by him.
(2)
No farm lease conferring on the lessee a right to compensation for improvements, and no resolution of assembled owners to grant any such lease, shall, by reason of the provisions thereof as to such compensation, be deemed to be contrary to the interests of the owners of the land or any of them, and confirmation of a farm lease or of a resolution to grant a farm lease shall not be refused because any such right is conferred or proposed to be conferred or because of the agreed percentage that the amount of compensation shall bear to the value of the improvements.
244 Compensation to be ascertained by valuation.
Ibid., s. 21
(1)
For the purpose of ascertaining the amount of compensation to which the lessee under any farm lease is entitled in accordance with the terms of his lease and this Part of this Act the Valuer-General, at the request of or on behalf of any of the parties to the lease, and on payment of any fee prescribed by him in that behalf, shall cause to be made, as at the date of the termination of the lease, or at such other time as the lease in that behalf provides, a special valuation of the land comprised in the lease.
(2)
On the completion of a special valuation as aforesaid the Valuer-General shall cause to be prepared a certificate setting forth the following particulars:
(a)
The name of the lessee:
(b)
The area of the land comprised in the lease, and the name by which the land is commonly known or other description thereof sufficient to identify it:
(c)
A list of the improvements and the value of those improvements either separately or in classes:
(d)
The unimproved value of the land:
(e)
The capital value of the land.
1951, No. 19
(3)
For the purposes of this section, the expressions “capital value”
, “improvements”
, “unimproved value”
, and “value of improvements”
shall have the meanings assigned to them respectively by the Valuation of Land Act 1951, and every valuation made under this section shall be made in the same manner as if it were a valuation under that Act.
(4)
Notwithstanding that the meaning of the expressions “capital value”
, “improvements”
, “unimproved value”
, and “value of improvements”
or any of them may be amended during the currency of any lease, those expressions shall, for the purposes of valuations to be made under this section in respect of that lease, continue to have the meanings assigned thereto by the Valuation of Land Act 1951 as at the commencement of the lease.
(5)
Every certificate given by the Valuer-General for the purposes of this section shall have attached thereto, or written or printed thereon in prominent characters, a notice to the effect that the valuation to which the certificate relates is subject to objection in the manner prescribed by and within the time limited in accordance with section two hundred and forty-five of this Act.
245 Notice of valuations and right of objections thereto.
1950, No. 98, s. 22
(1)
As soon as practicable after making any special valuation as aforesaid the Valuer-General shall serve not less than three copies of the certificate on the Maori Trustee.
1948, No. 50
(2)
The Maori Trustee shall thereupon file a copy of the certificate in the appropriate office of the Land Valuation Court established under the Land Valuation Court Act 1948, and shall serve a copy thereof on the lessee and on the owner or owners or on their accredited representative or on some other responsible person on their behalf, together in each case with a notice that objections to the valuation to which the certificate relates may be lodged in the manner and within the time specified in the notice.
(3)
In every notice given by the Maori Trustee under subsection two hereof the Maori Trustee shall fix the time within which objections to the valuation may be made by or on behalf of the persons to whom or on whose behalf the notice is given, being in each case a period not less than two months after the date of service, and shall specify the office of the Land Valuation Court in which objections shall be filed.
(4)
If the lessee or any owner objects to any of the values as appearing in the certificate he may, within the time specified in that behalf in the notice given by the Maori Trustee, file an objection to the valuation in the appropriate office of the Land Valuation Court.
(5)
Every objection filed as aforesaid shall specify the several items to which the objection relates, and with respect to each item shall specify the grounds of the objection.
(6)
On the filing of any such objection the Registrar of the Court shall forthwith give to the Maori Trustee notice of the filing of the objection and of the terms thereof, and, where the objection is filed by or on behalf of the owners, shall give a like notice to the lessee.
(7)
For the purposes of the foregoing provisions of this section the appropriate office of the Land Valuation Court shall be the office of that Court for the district in which is situated the land to which the valuation relates.
1951, No. 19
(8)
All objections made in the manner prescribed by this section shall be heard and determined in the same manner as if they were objections made to valuations under the Valuation of Land Act 1951, and all the provisions of that Act relating to objections and the determination and disposal thereof shall extend and apply accordingly.
(9)
If on the hearing of any objection, any alteration in the valuation is made, the Valuer-General shall amend the certificate of valuation accordingly.
246 Rent payable under leases providing for compensation to be paid to Maori Trustee.
1950, No. 98, s. 24(1)–(3)
(1)
On confirmation of any lease (whether a farm lease or not) which contains provision for the payment of compensation for improvements effected by the lessee (not being a lease excluded from the operation of this Part of this Act by section two hundred and forty-one hereof) the Court shall order that the rent payable under the lease shall be paid to the Maori Trustee and the rent shall be payable accordingly.
(2)
On confirmation of any resolution of assembled owners in accordance with Part XXIII of this Act to grant a lease (whether a farm lease or not) containing provision for the payment of compensation for improvements effected by the lessee (not being a lease excluded from the operation of this Part of this Act by section two hundred and forty-one hereof), the Court shall stipulate that the rent payable under the lease shall be paid to the Maori Trustee and the rent shall be payable accordingly.
(3)
All rent payable to the Maori Trustee pursuant to this section shall, as it becomes due and payable in terms of the lease, constitute a debt due by the lessee to the Maori Trustee, recoverable in the same manner as if it were rent due to the Maori Trustee for land demised by him.
247 Creation of fund to meet compensation.
Ibid., s. 24(4), (6) 1953, No. 95
(1)
After deducting from the rent received by him under section two hundred and forty-six hereof all moneys properly deductible, the Maori Trustee (subject to any variation that may be made by the Court under subsection two hereof) shall distribute two-thirds of the residue to the owners or other persons for the time being entitled to it, and shall invest the remainder in the Common Fund of the Maori Trustee’s Account, there to accumulate with interest thereon at the rate from time to time determined by the Governor-General in Council pursuant to the provisions in that behalf of the Maori Trustee Act 1953.
(2)
On application for the confirmation of any lease or of a resolution to grant a lease, to which section two hundred and forty-six hereof applies, or at any time during the currency of any such lease, the Court may vary the proportions prescribed by subsection one hereof for the distribution of the net rent if it is of opinion that an amount equal to more than one-third or (as the case may be) to less than one-third of the net rent should be invested in accordance with this section to provide for the payment to the lessee of compensation for improvements. Any order made by the Court under this section may be at any time varied by the Court.
(3)
In making any order under subsection two hereof the Court shall have due regard to the sufficiency or otherwise of the security given by section two hundred and forty-eight hereof for advances out of the General Purposes Fund of the Maori Trustee’s Account, and shall not vary the requirements of subsection one of this section so as to impose on the General Purposes Fund an undue risk of loss.
(4)
Where the lessee under any lease to which subsection one or subsection two of section two hundred and forty-six hereof applies has undertaken or is required to pay for any improvements existing at the commencement of the lease, the Court, on confirmation of the lease or of the resolution of assembled owners, as the case may be, shall direct that all moneys so payable shall be paid by the lessee to the Maori Trustee.
(5)
All moneys received by the Maori Trustee under subsection four hereof shall be invested in the Common Fund of the Maori Trustee’s Account and shall be deemed to form part of the moneys invested therein in respect of the same lease pursuant to subsection one hereof.
248 Payment of compensation.
1950, No. 98, s. 25
(1)
The compensation payable to a lessee for improvements under any lease to which section two hundred and forty-six hereof applies shall, when it becomes due and payable, be paid by the Maori Trustee out of the moneys belonging to the appropriate investment made under section two hundred and forty-seven hereof.
(2)
If the moneys available for the payment of compensation exceed the amount payable as compensation to the lessee, the Maori Trustee shall pay the surplus to the persons then entitled to the revenues of the land demised.
(3)
If the moneys available as aforesaid are insufficient to pay the lessee the full amount of the compensation to which he is entitled, the Maori Trustee shall make up the deficiency by an advance out of the General Purposes Fund of the Maori Trustee’s Account and the land in respect of which any such advance is made shall be charged with the payment of the amount so advanced, together with interest thereon, as hereinafter provided.
1952, No. 52 1952, No. 51
(4)
In respect of any advance so made the Maori Trustee may sign and seal a memorial of charge against the land affected, and any such memorial of charge may be registered against the title to that land by the District Land Registrar or the Registrar of Deeds, as the case may be, of the Land Registration District in which the land is situated; and when so registered the memorial of charge shall have the same force and effect as if it were a valid mortgage to the Maori Trustee of all the land therein described to secure the repayment of the principal moneys and the payment of interest thereon; and the power of sale and all other powers expressed by the Land Transfer Act 1952 or the Property Law Act 1952, as the case may be, in respect of mortgages, shall be implied in the memorial.
1953, No. 95
(5)
The principal moneys secured under any such memorial of charge shall be due upon a date to be named therein in that behalf, and interest shall be payable thereon at a rate to be specified therein, being not more than the rate chargeable under the Maori Trustee Act 1953, in respect of moneys advanced from the Common Fund of the Maori Trustee’s Account on the security of freehold lands.
(6)
Interest on the principal moneys secured as aforesaid shall be payable on dates to be specified in the memorial.
249 Record of improvements, etc.
1950, No. 98, s. 28
(1)
On the grant of a farm lease conferring on the lessee a right to compensation for improvements effected by him the Maori Trustee shall forthwith after receiving notice thereof cause to be made, in such manner as he thinks fit, a record of the state and condition of the land and of any improvements existing thereon, and a valuation under subsection two of this section.
(2)
The Valuer-General shall, at the request of the Maori Trustee, and on payment to the Valuer-General of any fee prescribed by him in that behalf, cause to be made, as at the date of the commencement of the lease, a special valuation of the land comprised in the lease, and the provisions of sections two hundred and forty-four and two hundred and forty-five of this Act, shall, as far as they are applicable and with the necessary modifications, apply to any such valuation.
(3)
The cost of making any such record and valuation shall be deemed to be an expense properly deductible from any rent received by the Maori Trustee from the lease of the land in respect of which the record is made, and the Maori Trustee may deduct the same from the rent in instalments or otherwise as he thinks fit.
(4)
Where the lessee under a farm lease makes, or proposes to make, any improvements in respect of which he will be entitled to compensation, he shall be entitled, on application to the Maori Trustee, to have a record made by the Maori Trustee of particulars of the nature of those improvements and of the state and condition of the land before the making of the improvements. Every such record shall be made at the cost in all things of the lessee.
(5)
Every record made under this section shall be retained by the Maori Trustee, and shall at all times be receivable as sufficient evidence of the facts so recorded in all matters and proceedings relating to the value of the improvements effected by the lessee.
250 Service of notices.
1950, No. 98, s. 29
(1)
Any notice that may be required to be given to any person for the purposes of this Part of this Act may be given by delivering the same to him personally or may be given by sending the same to him by registered letter addressed to him at his last known place of abode or business in New Zealand. Notice given by registered letter shall be deemed to have been received when in the ordinary course of post it would be delivered.
(2)
Where any such notice has been given by the agent of a person required to give that notice, service of any subsequent notice required to be given by the person on whom the original notice was served may be effected by serving the same in manner aforesaid on the agent.
(3)
Service of any notice may be effected in manner aforesaid on the personal representative of any deceased person.
251 Special saving provision.
1950, No. 98
(1)
Notwithstanding the repeal of section two hundred and eighty-six of the Maori Land Act 1931 by section thirty of the Maori Purposes Act 1950, the following provisions of this section shall apply with respect to all leases to which the said section two hundred and eighty-six applied, whether or not the right to compensation for improvements had matured before the coming into force of Part II of the Maori Purposes Act 1950 on the first day of February, nineteen hundred and fifty-one, or has matured or hereafter matures at any time after the said date.
(2)
All moneys payable to a lessee as compensation for improvements under any lease referred to in subsection one hereof shall constitute a charge upon the land comprised in the lease, and when the compensation becomes payable in accordance with the provisions of the lease the charge may be enforced by the Court by the appointment of a receiver.
(3)
Every such charge shall cease and determine on the expiration of six months from the date when the compensation becomes payable unless the lessee, before the expiration of the said period of six months or within such extended time as the Court may allow pursuant to the provisions of subsection four hereof, has taken all necessary steps required of him to have the amount of compensation determined in manner provided by the lease and has applied to the Court for the appointment of a receiver for the enforcement of the charge.
(4)
On application made by the lessee before the expiration of the said period of six months the Court may, subject to such terms and conditions as it thinks just, extend the said period for a further period not exceeding six months.
(5)
Where under any lease to which this section relates compensation for improvements has become payable before the commencement of this Act, the period of six months referred to in subsection three hereof shall be deemed to be the period of six months from the date of the commencement of this Act, and the said period may, in accordance with the provisions of subsection four hereof, be extended by the Court for a further period not exceeding six months.
Part XXI Acquisition by Crown of Land Owned by Maoris
252 Board of Maori Affairs may acquire certain lands for Crown.
1932, No. 25, s. 7(2) 1934, No. 44, s. 11(3)
(1)
This Part of this Act applies with respect to Maori freehold land and to European land owned by Maoris.
(2)
The Crown may in accordance with the provisions of this Part of this Act acquire, by way of purchase, lease, exchange, or otherwise, any land or interest in land to which this Part applies.
(3)
It shall be the duty of the Board of Maori Affairs to undertake all negotiations for the acquisition by the Crown of any land to which this Part of this Act applies.
253 Purchase from trustees having power of sale.
(1)
No land that is vested in the Maori Trustee or in any other trustee shall be purchased by the Crown under this Part of this Act from the trustee unless the trustee has power to sell the same.
(2)
Notwithstanding the terms of any trust, the sale or other alienation of any land that is vested in the Maori Trustee with power of sale may be effected under this Part of this Act (without public auction or public tender) by agreement between the Maori Trustee and the Board of Maori Affairs.
254 Governor-General may prohibit alienation except to Crown.
1931, No. 31, s. 442
(1)
When any contract has been made for the acquisition by the Crown of any land or of any interest therein pursuant to this Part of this Act, or when any negotiations are contemplated or in progress with a view to any such acquisition, the Governor-General may, by Order in Council issued on the recommendation of the Board of Maori Affairs, prohibit all alienations of that land other than alienations in favour of the Crown.
(2)
Any Order in Council under this section may be at any time varied or revoked.
(3)
Every Order in Council under this section shall be gazetted and, unless revoked, shall remain in force notwithstanding that the land may be partitioned or that the ownership of any part thereof may change.
255 Prohibited alienations to be void.
Ibid., s. 443
(1)
Any alienation made in breach of any such Order in Council after the gazetting thereof, except an alienation made in pursuance of a valid contract theretofore made, shall be absolutely void.
(2)
Nothing in this section shall prevent the confirmation of an alienation effected by any instrument executed before the gazetting of the Order in Council.
256 Negotiations for prohibited alienation an offence.
1931, No. 31, s. 444
(1)
Every person who, after the gazetting of any such Order in Council, and during the currency thereof, and with notice thereof, enters into or continues (whether on his own behalf or on behalf of any other person) any negotiations in breach of the Order in Council shall be guilty of an offence, and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding two hundred pounds.
(2)
This section shall extend and apply to an incorporated company or other body corporate, and any such company or other body corporate shall be liable on summary conviction for any such offence as aforesaid to a fine not exceeding five hundred pounds.
(3)
In any prosecution for an offence against this section notice of the Order in Council shall be presumed unless the contrary is proved by the defendant.
257 Crown may acquire undivided shares in land.
Ibid., s. 448
All the provisions of this Part of this Act relating to the acquisition of land by the Crown shall apply in like manner, with all necessary modifications, to the acquisition by the Crown of any undivided share in any such land, or of any interest in any such land, whether legal or equitable and whether vested in a Maori or a European, and any such share or interest may be acquired whether any other shares or interests in the land are acquired or not.
258 Execution of instruments.
Ibid., s. 449 1932, No. 25, s. 4
(1)
Every instrument of alienation or other assurance executed by a Maori for the purposes of this Part of this Act shall be executed in the same manner as if it was an instrument of alienation of Maori land in favour of a private person, but no such instrument shall require confirmation.
(2)
No such instrument of alienation shall be questioned or invalidated on the ground of any error, irregularity, or defect in the mode of execution thereof.
259 Crown may acquire land pursuant to resolution of assembled owners.
1931, No. 31, s. 450
(1)
The Crown may acquire any land under this Part of this Act in pursuance of a resolution of the assembled owners passed and confirmed in accordance with Part XXIII of this Act.
(2)
When any such resolution has been confirmed by the Court it shall be submitted by the Court to the Board of Maori Affairs. The said Board shall thereupon take the same into consideration, and may by resolution either adopt or reject the resolution of the assembled owners as so confirmed.
(3)
On the resolution being adopted by the said Board it shall become a contract of purchase or other acquisition as between the Crown and all persons who are then the owners of the land within the meaning of Part XXIII of this Act, and any such contract shall have the same force and effect as if it had been made between the Crown and all of those owners, and as if they had all been fully competent in that behalf.
260 Crown not to purchase at price less than Government valuation.
1931, No. 31, s. 452 1951, No. 19
(1)
The interest of a Maori in any land shall not be purchased by the Crown under the authority of this Part of this Act for a consideration which is of less value than the amount (if any) at which the capital value of that interest is valued under the Valuation of Land Act 1951 in the district valuation roll in force under that Act at the time of the contract of purchase.
(2)
If no such valuation is then in force or if, in the opinion of the Board, the valuation is out of date the Board shall require the Valuer-General to make a special valuation of the interest proposed to be acquired, and the interest shall not be purchased for a consideration which is of less value than the amount at which it is so valued.
(3)
No purchase shall be invalidated by any disregard of the requirements of this section, but any deficiency in the value of the consideration shall constitute a debt due by the Crown to the owner of the interest, and shall be recoverable acccordingly in proceedings instituted within two years after that interest has become legally vested in the Crown.
261 Court may make exchange orders for purposes of this Part.
1940, No. 25, s. 4
(1)
On application by the Board of Maori Affairs the Court may make an exchange order or a series of exchange orders to give effect to any agreement or arrangement for the exchange of Crown land for any other land pursuant to this Part of this Act.
(2)
On any such application, the Court, without further inquiry, shall make the necessary order or orders, if it is satisfied that the exchange has been duly agreed to.
(3)
Where the exchange has been agreed to by resolution of the assembled owners, the production of a copy of the resolution, as confirmed by the Court, shall be sufficient evidence of the agreement.
(4)
In any other case, the Court shall require the production of sufficient evidence to satisfy it that the owner or owners of the land to be exchanged for any Crown land have consented thereto:
Provided that the Court may, in its discretion, dispense with the consent of any owner the value of whose interest in the land to be exchanged does not, in the opinion of the Court, exceed the sum of one hundred pounds.
262 Conditions as to payment of equality of exchange.
1931, No. 31, s. 460 1951, No. 19
(1)
No land shall be acquired by the Crown under this Part of this Act by way of exchange until and unless the lands so to be exchanged have been valued by the Valuer-General in accordance with the Valuation of Land Act 1951; and if the capital value of the land to be acquired by the Crown exceeds the capital value of the land to be given in exchange therefor an amount not less than the difference in value shall be paid by the Crown by way of equality of exchange.
(2)
Any Crown land may be so exchanged notwithstanding that it is reserved or set apart for any purpose under any Act, or that any limitation or restriction upon its being dealt with is imposed under any Act, and any Crown land so exchanged may be vested by the order of the Court in any Maori, free from any such reservation, setting apart, limitation, or restriction as aforesaid.
263 Effect of exchange order.
An exchange order made for the purposes of this Part of this Act shall have effect in all respects as if it were an exchange order made to give effect to an exchange under Part XVII of this Act, and the provisions of that Part shall, unless inconsistent with the provisions of this Part, apply to any such exchange order accordingly.
264 Crown land exchanged for Maori land to become Maori freehold land.
Where any Crown land is exchanged pursuant to this Part of this Act for Maori land, the Crown land so exchanged shall thereupon become Maori freehold land.
265 Land acquired by Crown to be Crown land.
1931, No. 31, s. 454. 1948, No. 64.
(1)
The Governor-General may, by Proclamation, declare to be Crown land any land that has been duly acquired by or on behalf of the Crown by purchase or exchange under the authority of this Part of this Act. By the same or a subsequent Proclamation any land so declared to be Crown land may be declared to be subject to the Land Act 1948, and it shall thereupon become subject to that Act accordingly.
(2)
Every such Proclamation shall be registered by the District Land Registrar or Registrar of Deeds, as the case may be, without the production of any instrument of disposition thereof to the Crown.
(3)
A Proclamation made under this section shall be conclusive proof that all conditions precedent to the making thereof have been duly fulfilled, and the validity thereof shall not be questioned in any Court on any ground whatsoever, but if any such Proclamation has been made in error, or if any error or mistake has been made therein, it may be at any time amended or revoked by the Governor-General.
(4)
All land declared to be Crown land as aforesaid shall continue to be subject to any lease, licence, charge, or particular or limited estate or interest in existence and vested in or enuring for the benefit of any person at the date of the purchase or exchange and not acquired by or surrendered to the Crown.
(5)
For the purpose of protecting or preserving any interest referred to in subsection four hereof any unregistered valid lease or other instrument affecting the said land or any part thereof may be registered by the District Land Registrar against the title to the said land.
(6)
On application for the registration of any such instrument as is referred to in subsection five hereof a certificate by the Registrar of the Court to the effect that any person executing the instrument as an alienor was at the date thereof entitled to an interest in the land, and specifying the nature and extent of the interest and the area of the land affected thereby, shall be accepted by the District Land Registrar as sufficient proof of the matters therein certified to.
(7)
The foregoing provisions of this section shall apply to any land (whether Maori land or European land) which is acquired by or vested in the Crown pursuant to any other Part of this Act.
266 Crown may determine leases or other rights.
1931, No. 31, s. 455
(1)
If any land acquired by the Crown under this Part of this Act is subject to any lease, licence, easement, or other right or interest the Minister of Lands may determine the same by notice under his hand delivered to the lessee, licensee, or other person entitled to the benefit thereof and to all other persons having any legal estate or interest therein.
(2)
Every person who suffers any damage or is injuriously affected by the exercise of the powers conferred on the Minister of Lands by the foregoing provisions of this section shall be entitled to compensation in accordance with the Public Works Act 1928 in the same manner as if the land had been European land taken by the Crown for the purposes of a public work, and all the provisions of that Act shall, as far as they are applicable, and with the necessary modifications, apply accordingly.
(3)
Every claim for compensation under this section shall be made within twelve months after the determination of the lease, licence, easement, or other right in respect of which the claim is made.
267 Special provisions for sale to and vesting in Maoris of interests in Maori land acquired by Crown.
1931, No. 31, s. 467
(1)
This section applies with respect to any Maori land or to any undivided share in Maori land that has at any time been acquired by the Crown, whether pursuant to this Part of this Act or otherwise howsoever, and whether or not the land has been proclaimed to be Crown land.
(2)
Any land or undivided share in land to which this section applies may, with the consent of the Minister of Lands, and notwithstanding anything to the contrary in this or any other Act, be sold or otherwise disposed of to any Maori or the descendant of a Maori, or to a body corporate of owners established under Part XXII of this Act, on such terms and conditions as to the amount of purchase money (if any), the payment thereof by instalments or otherwise, the security (if any) to be given for any unpaid purchase money, and such other terms and conditions as the Minister of Lands may determine.
(3)
The Court, on the application of the Minister of Lands, shall make an order vesting any land or undivided share in land to which this section applies, in the person or persons specified in the application as being entitled thereto.
(4)
Every vesting order made under this section shall have the same effect as if the land or undivided share had been duly transferred by the Crown to the person or persons in whose favour the vesting order is made.
(5)
All land sold or otherwise disposed of by the Crown pursuant to this section to a Maori (whether in severalty or in common with any other person or persons) or to a body corporate shall, on the taking effect of the vesting order, become and be deemed to be Maori freehold land.
(6)
All land in respect of which a vesting order is made pursuant to this section shall remain subject to all leases, charges, or other encumbrances to which it was subject on the making of the vesting order.
268 Payment of purchase money by Crown.
1931, No. 31, s. 456
All moneys payable to Maoris in respect of the acquisition by the Crown of any land or interest in land under this Part of this Act shall, as the Board of Maori Affairs thinks fit, be paid:
(a)
To the Maoris entitled thereto; or
(b)
To the Maori Trustee, on behalf of those Maoris for payment to them in accordance with their several interests.
Part XXII Incorporation of Owners of Maori Land
269 Owners of Maori freehold land may be incorporated.
Ibid., s. 382
When any area of Maori freehold land is owned for a legal estate in fee simple by more than three persons as tenants in common (whether any such owner is entitled beneficially or as a trustee) those owners may be incorporated by an order of incorporation made by the Court in accordance with the following provisions of this Part of this Act.
Objects of Incorporation
270 Objects of incorporation.
An order of incorporation under this Part may be made to enable the body corporate of owners established thereby:
(a)
To occupy and manage as a farm the land or any portion of the land proposed to be vested in the body corporate, and to carry on any agricultural or pastoral business thereon:
(b)
To use the land or any part thereof for the growing of timber, to engage in the felling and marketing of timber, to establish and carry on timber mills, to grant licences to cut and remove timber, or to engage in any other operations for the production, utilization, or sale of timber:
(c)
To engage in coal mining or other mining operations on the land, or to grant leases or licences for the production of coal or other minerals:
(d)
To arrange for the alienation by sale, or lease, or otherwise of the land or of any portion thereof:
(e)
To carry on any other enterprise or do any other thing in relation to the land that may be specified in the order of incorporation.
Mode and Effect of Incorporation
271 Court may incorporate owners.
1931, No. 31, ss. 382, 384
(1)
On the application of any person interested, the Court may, in its discretion, make in respect of the owners of any land that is owned in the manner referred to in section two hundred and sixty-nine hereof an order of incorporation under this Part of this Act:
Provided that the Court shall not make an order of incorporation under this section with respect to any land unless:
(a)
The assembled owners of the land have passed a resolution in accordance with paragraph (a) of subsection one of section three hundred and fifteen hereof, for their incorporation under this Part and the same has been duly confirmed; or
(b)
In any case to which paragraph (a) hereof does not apply, the Court is satisfied that the owners of not less than half of the aggregate shares in the land (or their trustees in the case of owners under disability) consent to the making of the order.
(2)
Every such order of incorporation shall define the object or the several objects for which the body corporate is established. Every such object shall relate exclusively to the land to be vested in the body corporate by the order of incorporation.
(3)
Where the proposed objects have been specified in a resolution of assembled owners the objects defined in the order of incorporation shall be the objects so specified, with such modifications, if any, as may be made by the Court on the hearing of the application for incorporation.
(4)
Any such order of incorporation may be made in respect of the whole area of the land owned in common by the several owners or in respect of any defined part thereof.
272 No appeal from orders under this Part.
1931, No. 31, s. 382(4)
No appeal to the Appellate Court shall lie from any order of incorporation or other order made under this Part of this Act.
273 Effect of order of incorporation.
Ibid., ss. 387, 388, 389
(1)
On an order of incorporation being made under section two hundred and seventy-one hereof, the owners of the land in respect of which it is made shall become a body corporate, with perpetual succession and a common seal, under the name of “The Proprietors of (Name of the land in accordance with the order of incorporation)”
, with power to do and suffer all that bodies corporate may do and suffer, and with all the powers expressly conferred upon it by this Act.
(2)
On the alteration pursuant to any of the provisions of this Act of the area to which an order of incorporation applies, the Court may make such alterations in the order of incorporation or in the designation of the body corporate created thereby as in the circumstances of the case it deems necessary.
(3)
On an order of incorporation being made as aforesaid, the land in respect of which it is made shall vest for a legal estate in fee simple in the body corporate, subject to all leases, mortgages, charges, or other interests to which the title of the owners or any of them was subject at the date of incorporation, and subject to the right of any person to procure the confirmation of any alienation under an instrument of alienation executed before the making of the order.
(4)
The District Land Registrar is hereby authorized to cancel or amend any existing certificate of title and to issue any new certificate of title that may be necessary to give effect to any order of incorporation made under this section or made under any other provisions of this Part of this Act.
274 Form, custody, and use of seal.
1931, No. 31, s. 397
(1)
The seal of every body corporate under this Part of this Act shall be in the prescribed form, and the custody thereof shall be determined by regulations.
(2)
The seal shall not be affixed to any instrument except in the presence of a majority of the members of the committee of management and all members of the committee present when the seal is affixed shall sign the instrument.
275 Owners to be members of body corporate.
Ibid., ss. 390, 391
(1)
Every person who for the time being is entitled to an equitable interest in fee simple in any land vested in the body corporate as hereinbefore provided shall be a member of that body corporate, and all such persons are in this Part of this Act referred to as the incorporated owners:
Provided that if any such equitable interest is vested in a trustee, the trustee shall be deemed to be one of the incorporated owners and a member of the body corporate to the exclusion of the beneficiary.
(2)
Every body corporate shall hold the land for the time being vested in it as aforesaid in trust for the incorporated owners, in accordance with their several interests in that land.
276 Property other than land to be held in trust for owners in accordance with their interests in land.
(1)
All other property for the time being owned by a body corporate, whether established before or after the commencement of this Act, shall be held by it in trust for the incorporated owners in proportion to their several interests in the land vested in the body corporate as hereinbefore provided.
(2)
The disposition by operation of law or otherwise of the equitable interest of any owner in land vested in the body corporate by virtue of the order of incorporation or of an amending order shall, whether so expressed or not in any instrument of disposition, be and be deemed to be a disposition of his corresponding interest in all other property of the body corporate, and the persons beneficially entitled shall not be competent to dispose of their interest in such property otherwise than as provided in this section.
277 Body corporate may acquire equitable interest of owner on behalf of other owners.
(1)
The equitable interest of any owner in land vested in the corporation by virtue of an order of incorporation or of an amending order may, by arrangement or agreement with that owner, be acquired by the body corporate on behalf of the other owners of the land in which that interest is comprised.
(2)
The acquisition by the body corporate of an equitable interest in land pursuant to this section shall, in accordance with section two hundred and seventy-six hereof, include the acquisition of the corresponding interests of the owner in the other property of the body corporate.
(3)
The transfer to the body corporate of the equitable interest of an owner in any land pursuant to this section may be effected by means of a vesting order made under section two hundred and thirteen hereof, and not otherwise.
278 General powers of body corporate.
1931, No. 31, s. 410
Every body corporate under this Part of this Act shall have all such powers as may be necessary for the purpose of carrying into effect its objects as defined in the order of incorporation.
Amalgamation of Bodies Corporate
279 Bodies corporate may be amalgamated.
Ibid., s. 386
(1)
If two or more bodies corporate established under this Part of this Act consent in writing under their respective seals to their amalgamation pursuant to this section, the Court may amalgamate those bodies corporate by making, in respect of the combined area, an order of incorporation in substitution for the several orders of incorporation theretofore made with regard to the same areas, and the order shall take effect as if the whole of the land included therein was owned in common by the owners of the several portions thereof.
(2)
Upon an order of incorporation being made pursuant to this section, the former bodies corporate shall be deemed to have been dissolved and the lands in respect of which the order is made shall vest in accordance with the provisions of section two hundred and seventy-three hereof for a legal estate in fee simple in the new body corporate thereby established. All other property and all rights, powers, and privileges appertaining to the former bodies corporate shall thereupon pass to the new body corporate which shall also become subject to and liable for all claims and liabilities to which the former bodies corporate were respectively subject.
(3)
Every order of incorporation made under this section shall define the object or the several objects of the body corporate thereby established.
(4)
Upon the appointment of a committee of management under section two hundred and ninety-two hereof in respect of the new body corporate, the several committees of management theretofore appointed in respect of the former bodies corporate shall be deemed to have been abolished and the members thereof shall cease to hold office accordingly.
Inclusion of Separate Areas or Adjoining Areas Within Order of Incorporation
280 Orders of incorporation may be extended to include other areas.
1931, No. 31, s. 385
When any area of Maori freehold land is owned by more than three persons as tenants in common and all or any of those owners are also the owners or any of the owners in common of any other area of Maori freehold land in respect of which an order of incorporation has been made under this Part of this Act, the Court may, subject to the provisions of section two hundred and eighty-four hereof, make an order to the effect that the first mentioned area shall be subject to the order of incorporation, and that order shall thereafter have effect as if the whole of the land included therein was owned in common by the owners of the several portions thereof.
281 Incorporation of owners of separate areas.
Ibid., s. 384
(1)
When all or any of the owners in common of one area of land in respect of which an order of incorporation could be made under this Part of this Act are also the owners or any of the owners in common of any other area or areas of land in respect of which such an order could be made, the Court may make a single order of incorporation in respect of the whole or a defined part of the several areas owned as aforesaid and the order shall take effect as if the whole of the land included therein was owned in common by the owners of the several portions thereof.
(2)
The foregoing provisions of this Part of this Act relating to orders made under section two hundred and seventy-one hereof shall apply with respect to orders of incorporation under this section.
282 Inclusion of adjoining land in order of incorporation.
Ibid., s. 383
(1)
Where any Maori freehold land (whether owned in common or otherwise) forms a continuous area with any other Maori freehold land in respect of which an order of incorporation has been made or could be made in accordance with the foregoing provisions of this Part of this Act, an order of incorporation may be made or extended subject to the provisions as to consents contained in section two hundred and seventy-one or section two hundred and eighty-four hereof, as the case may be, so as to apply with respect to the whole of the continuous area.
(2)
Where an order of incorporation is made or is extended pursuant to this section the order shall take effect as if the whole of the land included therein was owned in common by the owners of the several portions thereof.
(3)
For the purposes of this section any land shall be deemed to form a continuous area with any other land although the several portions may be separated by a road, street, river, stream, or railway.
Exclusion of Area from Order of Incorporation
283 Exclusion of land from order.
1931, No. 31, s. 393
(1)
The Court may at any time by order exclude from any order of incorporation made under this Part any defined portion of the land to which that order of incorporation applies.
(2)
By the same or any subsequent order the land so excluded may be vested for an estate in fee simple, in one or more lots, in any person or persons whom the Court finds to be beneficially entitled thereto.
(3)
When an order under subsection one hereof becomes operative the land thereby excluded from the order of incorporation shall cease to be subject thereto, but no order for the exclusion of any land from an order of incorporation shall invalidate or prejudicially affect any lawful alienation or the right to procure confirmation or registration of any instrument executed before the making of the order of exclusion.
1952, No. 52
(4)
All rights, obligations or liabilities arising from any lease, licence, mortgage, or charge to which the area included in the order of incorporation was subject immediately prior to the date of any order of exclusion made hereunder may be apportioned in such manner as the Court thinks fit among the several parcels of land that were theretofore included in the order of incorporation and any such apportionment shall have effect according to its tenor as if all necessary transfers, releases, covenants, and all other dispositions had been duly made in that behalf by all parties concerned, and may be registered under the Land Transfer Act 1952 accordingly.
(5)
The Court may also, if necessary, make an order amending the list of incorporated owners and declaring the persons who are beneficially entitled to the land remaining subject to the order of incorporation.
(6)
On the making of an order under subsection one hereof, or at any time thereafter, the Court may by order make such provisions as in the circumstances of the case it thinks necessary with respect to interests in any property of the body corporate other than the land to which the order under subsection one hereof applies.
284 Consents required for amendment of order of incorporation by inclusion of additional area.
1931, No. 31, ss. 383, 385
An order of incorporation shall not be extended to include any additional area, pursuant to section two hundred and eighty or section two hundred and eighty-two hereof, except:
(a)
With the consent under seal of the body corporate affected; and
(b)
With the consent of the owner if the land to be included in the order is owned in severalty, and in any other case pursuant to a duly confirmed resolution of the assembled owners in that behalf or on proof to the satisfaction of the Court that the owners of not less than half of the shares in the area proposed to be included in the order of incorporation (or their trustees in the case of owners under disability) consent to the making of the order.
General Provisions as to Bodies Corporate
285 Application of revenues of body corporate.
(1)
The revenues derived from its operations by any body corporate may be applied:
(a)
In furtherance of the objects of the body corporate or otherwise in defraying the cost of the administration of the affairs of the body corporate:
(b)
In payment of all rates, taxes, and other assessments and outgoings payable in respect of the land or other property of the body corporate:
(c)
In repayment of any moneys borrowed by the body corporate, and the payment of interest thereon:
(d)
In the making of investments or loans as provided in subsection two hereof:
(e)
In payment for any purpose authorized by resolution passed at a general meeting of owners:
(f)
In payment of the residue from time to time to the incorporated owners in accordance with their several shares or in payment to such other persons as may be entitled thereto.
(2)
A body corporate, if expressly authorized so to do by resolution passed at a general meeting of owners, and with the approval of the Court in each case, may invest any moneys belonging to it in New Zealand Government securities or in debentures issued by any local authority or public body; or may invest any moneys by way of loan secured by a mortgage of any real property (either with or without collateral security).
(3)
No loan shall be granted under this section to any person who is a member of the committee of management or one of the incorporated owners.
286 Power to alienate land.
1931, No. 31, ss. 399, 400 1932, No. 25, s. 4
(1)
A body corporate under this Part of this Act (whether so authorized by its objects or not) shall have the same powers of alienating the land vested in it as are conferred by this Act upon a Maori owning Maori land in severalty.
(2)
Notwithstanding any rule of law or equity to the contrary, a body corporate may alienate any land vested in it to any one or more of the beneficial owners thereof, including a beneficial owner who may be a member of the committee of management.
(3)
Every alienation of Maori freehold land by a body corporate shall require to be confirmed by the Court in the same cases and in the same manner as if it were an alienation by a Maori owning the land in severalty.
(4)
Every instrument of alienation shall be under the seal of the body corporate.
(5)
The provisions of section two hundred and twenty-two hereof (relating to formalities of execution) shall extend and apply to the execution of any instrument of alienation signed by a Maori acting as a member of the committee of management of the body corporate in the same manner as if it were an instrument of alienation of Maori land by that Maori.
287 Power to accept surrenders of leases.
1931, No. 31, s. 401
A body corporate under this Part of this Act may, under its seal, accept a surrender of any lease to which any land vested in it is subject, whether that lease was granted before or after the establishment of the body corporate, and may, with the consent of the Court, reduce, remit, or postpone the payment of any rent.
288 Borrowing powers of body corporate.
Ibid., ss. 407, 411
(1)
A body corporate under this Part of this Act, may, on the security of a mortgage or charge of any land vested in it, or on the security of any crops, stock, or other personal property belonging to it, borrow money for any of its objects.
(2)
No person lending money to a body corporate under this Part of this Act shall be concerned to inquire as to the necessity for the loan or as to the application of the proceeds thereof.
289 Body corporate may acquire land.
Ibid., s. 408
(1)
A body corporate under this Part of this Act may, by leave of the Court, acquire any land or interest in land, whether by way of purchase, lease, or otherwise.
(2)
The Court may make orders, under Part XVII of this Act, for the exchange of any Maori freehold land vested in a body corporate, for other lands or interests in land. All European land that becomes vested in a body corporate by an order of exchange made under the authority of this section shall thereupon become Maori freehold land.
(3)
All lands acquired by or vested in a body corporate under this section shall be held by it in trust as if they had been vested pursuant to the provisions of section two hundred and seventy-three hereof.
290 Body corporate may acquire certain shares.
Ibid., s. 409
A body corporate under this Part of this Act may with the consent of the Court acquire and hold shares in any company carrying on business relating to or affecting any business carried on or proposed to be carried on by the body corporate.
291 Powers of incorporated owners may be restricted.
1931, No. 31, s. 412 1932, No. 25, s. 4
(1)
All powers conferred by this Part of this Act upon a body corporate shall be subject to such restrictions, conditions, and exceptions as may from time to time be imposed by the Court.
(2)
Any restrictions, conditions, or exceptions so imposed by the Court may at any time be removed by it either wholly or in part.
(3)
No alienation by a body corporate under this Part of this Act shall, if duly confirmed, be thereafter questioned or invalidated on the ground that it was contrary to any restriction, condition, or exception imposed in pursuance of this section.
Committees of Management
292 Committee of management to be appointed.
1931, No. 31, s. 394
(1)
On the establishment of a body corporate under this Part of this Act, and from time to time thereafter as may be required, the incorporated owners (or their trustees in the case of owners under disability) shall, in manner and at the times prescribed, elect a committee of management consisting of not less than three and not more than eleven persons, as the incorporated owners may from time to time determine.
(2)
No person shall be disqualified from being elected or from holding office as a member of the committee by reason of his employment as a servant or officer of the body corporate or of his being interested or concerned in a contract made by the body corporate:
Provided that a member of the committee shall not vote or take part in the discussion of any matter before the committee that directly or indirectly affects his remuneration or the terms of his employment as a servant or officer of the body corporate or that directly or indirectly affects any contract in which he may be interested or concerned.
(3)
The persons so elected need not be members of the body corporate.
(4)
The persons so elected shall be appointed by order of the Court as a committee of management, and shall not commence to hold office until an order of appointment has been so made.
(5)
The Court may, on sufficient cause being shown, refuse to appoint any person so elected, and may thereupon either order that a new election shall be made by the incorporated owners or appoint such other person as the Court thinks fit in the place of the person so elected.
(6)
The Court for sufficient cause may at any time, whether on application or of its own motion, remove from office any member of a committee.
(7)
Without limiting the powers of the Court under subsection five or subsection six hereof, no person shall be appointed or shall continue to hold office as a member of a committee of management who is or becomes—
(a)
A person of unsound mind within the meaning of the Mental Defectives Act 1911; or
(b)
A bankrupt who has not obtained his order of discharge, or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled; or
(c)
A person convicted of any offence punishable by imprisonment for a term of six months or longer, unless he has served his sentence or otherwise suffered the penalty imposed upon him.
(8)
If the incorporated owners at any time make default in electing a committee, the Court may appoint a committee, and any committee so appointed may consist of such number of persons being not less than three nor more than eleven, as the Court thinks fit.
(9)
If any person elected by the owners to be a member of the committee of management dies before he has been appointed, the Court may appoint any other person in his place.
(10)
If any member of a committee of management dies, or resigns, or is removed from office, the Court may appoint any other person in his place.
293 Rotation of members of committee.
(1)
The members of every committee of management, whether appointed before or after the commencement of this Act, shall hold office in accordance with this section.
(2)
For the purposes of this section members of a committee in office at the commencement of this Act shall be deemed to have come into office on the commencement of this Act.
(3)
On the expiration of the first period of three years after the members of a committee of management have come or are deemed to have come into office one-third of the members shall retire; on the expiration of the fourth year an equal number of the remaining original members shall retire; and on the expiration of the fifth year the remaining original members shall retire. The members so to retire in any year, shall, where necessary, be determined by agreement or by lot.
(4)
For the purposes of this section a member appointed to fill the vacancy caused by the death, resignation, or removal from office of an original member shall be deemed to be an original member.
(5)
Where the total number of members of a committee is not three or a multiple of three, one-third of the members shall, for the purposes of this section, be deemed to be one-third of the next highest number which is a multiple of three.
(6)
Where the number of members of a committee of management is increased after the first appointment of members the new members shall be appointed for a term of three years.
(7)
All members of a committee of management appointed to fill vacancies caused by the retirement of members pursuant to this section shall be appointed for a term of three years.
(8)
Any member of a committee who vacates office pursuant to this section may be reappointed in accordance with the provisions of section two hundred and ninety-two hereof.
(9)
Subject to the provisions of this section, the retirement of members in any year shall be in accordance with regulations made under this Act.
294 Regulations for committees of management in special cases.
(1)
Notwithstanding anything in the foregoing provisions of this Part as to the appointment and retirement of members of committees of management, the Governor-General, by Order in Council, may, in respect of any specified body corporate, make such regulations as in the particular circumstances he deems proper, providing for the appointment of members of committees to represent groups or classes of owners, and to hold office in accordance with those regulations instead of in accordance with the foregoing provisions of this Part.
(2)
Any regulations made for the purposes of this section in respect of any body corporate may be at any time in like manner varied or revoked.
(3)
On the revocation of any regulations made for the purposes of this section in respect of any body corporate, the general provisions of this Part of this Act as to the appointment and retirement of members of committees of management shall apply thereto unless and until the Governor-General makes further provisions under this section with respect to that body corporate.
295 Validity of order of appointment.
1931, No. 31, s. 395
No order appointing any person as a member of any committee of management shall be questioned or invalidated on the ground of any error or irregularity in the mode of his election or appointment, and no act of the committee shall be questioned or invalidated on the ground of any vacancy in the membership thereof.
296 Committee of management to exercise powers of body corporate.
Ibid., s. 396
(1)
The powers and functions of a body corporate under this Part of this Act may be exercised on its behalf by its committee of management and not otherwise:
Provided that the committee shall not exercise any of the powers or functions of the body corporate except in accordance with the terms of and subject to any conditions imposed by a resolution passed at a general meeting of the owners.
(2)
Notwithstanding the provisions of subsection one hereof the body corporate shall be bound by every act of the committee purporting to be done pursuant to a general or special authority conferred on it by resolution of the owners, and no person shall be concerned to inquire whether or not the committee has been duly authorized by resolution of the owners, or as to the terms and conditions of any such resolution.
(3)
The powers of the committee may be exercised by a majority of the members thereof for the time being in office, but no decision of the committee shall be effective unless at least three members concur therein.
(4)
Except as may be provided by regulations under this Act, and subject to any conditions that may be imposed on the committee by resolution passed at a general meeting of owners, the committee may regulate its procedure as it thinks fit.
297 Contracts.
1931, No. 31, s. 398
A contract made by the committee of management on behalf of the body corporate, other than an alienation of land, need not be under the seal of the body corporate but may be made in the same manner as the like contract made between individuals.
298 Accounts.
Ibid., ss. 405, 406
(1)
The committee of management shall at all times keep true and proper accounts of its receipts and payments, and of the income and expenditure and the assets and liabilities of the body corporate.
(2)
The accounts shall be audited by a qualified public accountant and auditor, and a duly audited statement of accounts, with a profit and loss account and balance sheet, shall in each year be submitted by the committee to a general meeting of owners to be held not later than six months after the end of the period to which the accounts relate.
(3)
With respect to the assets of the body corporate other than land that has been vested in it by virtue of the original order of incorporation or of an order amending or extending that order or made in substitution therefor the balance sheet shall be accompanied by a statement setting forth the estimated current market value thereof, together with a statement of the liabilities (if any) of the body corporate charged on or relating particularly to those assets. Where the assets of the body corporate include any interest in land other than the land that has been vested in the body corporate by the order of incorporation or by an order amending or extending that order or issued in substitution therefor, the current market value of that interest for the purposes of this subsection shall, if it is separately valued in the district valuation roll, be deemed to be the capital value thereof as appearing on that roll.
(4)
The incorporated owners shall at a general meeting in each year appoint a qualified public accountant and auditor to audit the accounts for the ensuing year.
(5)
A copy of the statement of accounts and other documents shall be filed in the Court within fourteen days after their submission as hereinbefore required to a general meeting of owners and shall during office hours be open to public inspection on payment of the fee (if any) prescribed in respect thereof.
299 Expenses and remuneration of members of committee.
Members of the committee of management shall be entitled to receive reasonable travelling allowances, at a rate to be fixed at a general meeting of owners, or a refund of the expenses actually and reasonably incurred by them in attending or returning from meetings of the committee, and shall, in addition, be entitled, subject to the consent of the Court, to receive such fees (if any) in respect of their services as may be authorized at a general meeting of owners.
General Meetings of Incorporated Owners
300 Conduct of meetings of incorporated owners.
(1)
General meetings of incorporated owners shall from time to time be held as required by this Act or by regulations thereunder.
(2)
The Court may at any time by order direct the holding of a special general meeting of incorporated owners.
(3)
All general meetings shall be summoned in manner prescribed by regulations made for the purposes of this Act.
(4)
Unless on any question submitted at a general meeting to a vote of the owners a poll is demanded by not less than two persons present thereat, every owner present in person or by proxy shall have one vote only, and a resolution shall be carried if a majority of the votes is in favour thereof.
(5)
If on any question submitted to a vote of the owners a poll is demanded in accordance with subsection four hereof, the voting powers of the owners shall be determined as follows:
(a)
If the land vested in the body corporate of owners by the order of incorporation or by an order amending or extending the same, consists wholly of an area or of separate areas of land owned by the same owners, the voting powers of the several owners shall be in direct proportion to their interests in the land:
(b)
In any case to which the provisions of paragraph (a) hereof do not apply, the voting powers of the owners shall be determined separately in respect of each separate area. If the undertaking of the body corporate is a joint undertaking within the meaning of section four hundred and fifty-four hereof, the voting powers of the owners in respect of all the areas shall be apportioned between the several areas in the same manner as the assets and liabilities are apportioned under that section. In any other case, the voting powers shall be apportioned between the several areas by order of the Court:
(c)
When the voting powers of the several areas have been apportioned as hereinbefore provided, the value of the votes for each such area shall be determined in accordance with the provisions of paragraph (a) hereof.
(6)
A person acting as proxy for more than one owner, or a trustee or his proxy acting for a person under disability, shall be entitled to vote separately for each person for whom he so acts.
(7)
No member of a committee of management shall be competent to act at a general meeting of owners as the proxy of any owner, and no person holding a proxy at a general meeting at which any member of the committee of management is elected shall be elected as a member of the committee.
(8)
The Court may from time to time fix the quorum for any general meeting of incorporated owners. Unless and until a quorum has been so fixed, the quorum for any such meeting shall be twenty persons (whether members or proxies for members) or a number of persons equal to two-thirds of the total number of members (whichever is the less). For the purposes of this subsection, where the total number of members is not a multiple of three, two-thirds of the number of members shall be deemed to be two-thirds of the next highest number which is a multiple of three.
(9)
Whether the quorum is fixed by the Court or in accordance with subsection eight hereof, no general meeting shall be deemed to be properly constituted unless at least three owners are present in person throughout the meeting.
(10)
Except as otherwise provided in this section or by regulations, the owners present, either personally or by proxy at a general meeting, may regulate their own procedure.
Registration of Bodies Incorporated Under This Part
301 Register of bodies corporate.
(1)
The Registrar of every Maori Land Court district shall keep in the office of the Court a register of bodies corporate existing on the commencement of this Act, or thereafter established under this Part of this Act, in respect of land situated in that district.
(2)
The register shall, in respect of every body corporate registered therein, disclose the following particulars:
(a)
The name of the body corporate and the date of its incorporation:
(b)
The name or other description and the area of the land in respect of which the body corporate has been established:
(c)
The object or objects of the body corporate:
(d)
The names of the members for the time being of the committee of management:
(e)
The location of the office of the body corporate or of the secretary of the committee of management:
(f)
Particulars of all orders made by the Court in relation to the body corporate:
(g)
The date of the filing in the Court of the annual statement of accounts of the body corporate:
(h)
Such other particulars (if any) as may be prescribed in that behalf by regulations under this Act.
(3)
Every register kept pursuant to this section shall during office hours be open to public inspection on payment of the fee (if any) prescribed in respect thereof.
Existing Bodies Corporate
302 Saving of existing bodies corporate.
(1)
Every body corporate established or deemed to have been established under Part XVII of the Maori Land Act 1931, and existing at the commencement of this Act shall continue to exist as if it had been established under this Part of this Act.
(2)
Where any such body corporate is at the commencement of this Act occupying and managing any land as a farm, or is lawfully carrying on any other business, it may continue to do so without further authority but it shall not engage in any new business without the consent of the Court.
(3)
The foregoing provisions of this Part of this Act, as far as they are applicable and with any necessary modifications, shall apply to every such existing body corporate and to the committee of management thereof as if that body corporate had been established under this Part of this Act.
Winding Up of Bodies Corporate
303 Body corporate may be wound up by Court.
1931, No. 31, s. 392
(1)
If default is made in the filing of accounts, as required by section two hundred and ninety-eight hereof, or if for any other reason the Court thinks it expedient so to do, it may at any time order the winding up of any body corporate established under this Part of this Act or under the corresponding provisions of any former Act.
(2)
Every such winding up shall proceed in accordance with Rules of Court and, subject to any such Rules, in accordance with the directions of the Court.
(3)
On any such winding up the Court may make such orders as are necessary to vest in or transfer to the persons beneficially entitled thereto all land and other property vested in or belonging to the body corporate, in accordance with the respective interests of those persons, and the property shall vest in those persons accordingly. Instead of making a vesting order in respect of any land vested in the corporation the Court may by order direct that the original title or titles shall be revived with such amendments as may be necessary.
(4)
Upon production of any vesting order or other order made under this section the District Land Registrar may make such amendments in the register as may be necessary to give effect to the order, but not so as to take away or prejudicially affect any rights or interests theretofore acquired.
(5)
On the completion of the winding up the Court may make an order dissolving the body corporate, but if it subsequently appears that any such order of dissolution has been made in error, the Court may revoke the same as from the making thereof, and the body corporate shall thereupon revive and the same proceedings may be taken thereafter as if no such order of dissolution had been made.
(6)
On the revocation of an order for the dissolution of any body corporate as aforesaid, all vesting orders or other orders made under subsection three hereof shall be deemed to be revoked as from the making thereof, and, if the land transfer register has been amended in consequence of any such order, the amendments shall be deleted and the register restored to its condition prior to the making of the amendments.
Part XXIII Powers of Assembled Owners
304 Application of this Part.
1931, No. 31, s. 413(3)
(1)
This Part of this Act applies with respect to Maori freehold land and to European land owned by Maoris.
(2)
Except so far as may be otherwise expressly provided, this Part of this Act shall extend and apply to land that is vested in a body corporate of owners or in the Maori Trustee or any other trustee.
305 “Owners”
and “assembled owners”
defined.
Ibid., ss. 413, 414(1)
(1)
In this Part of this Act the term “owners”
in relation to any area of land means the persons who are beneficially entitled to that land in fee simple as tenants in common, whether legal or equitable, and includes, but not to the exclusion of the persons entitled in remainder, the owner of a beneficial freehold interest for life, or any other beneficial freehold interest less than the fee simple, in any land or in any share therein.
(2)
In this Part of this Act the term “assembled owners”
means, with respect to any land, the owners thereof, as hereinbefore defined, assembled together in a meeting called and held in accordance with this Part of this Act and with any regulations relating thereto.
306 Powers of assembled owners.
Ibid., s. 415
The assembled owners of any land to which this Part of this Act applies shall have in respect thereof the powers conferred by this Part of this Act.
307 Meetings of assembled owners to be summoned by Court.
Ibid., ss. 416, 425
(1)
Meetings of assembled owners shall be summoned by the Registrar, by direction of the Court given on application made in accordance with this section:
Provided that where application is made by or on behalf of the Board of Maori Affairs the Registrar shall summon a meeting of owners without submitting the application to the Court.
(2)
Every application made for the purposes of this section shall specify the purpose or the several purposes for which a meeting of owners is sought; and shall be accompanied by a copy of the resolution or the several resolutions, whether alternative or concurrent, proposed to be submitted to the meeting.
(3)
Where the purpose of the meeting is to consider a proposed alienation of land to the Crown, the application shall be made by or on behalf of the Board of Maori Affairs.
(4)
Where the purpose of the meeting is to consider a proposed alienation to any person other than the Crown, the application shall be made by the proposed alienee.
(5)
Except as provided in the foregoing provisions of this section, application for the summoning of a meeting of assembled owners may be made by any person interested.
(6)
Every application under this section, other than an application made by or on behalf of the Board of Maori Affairs, shall be accompanied by the prescribed fee.
(7)
Except in cases where application for a meeting is made by or on behalf of the Board of Maori Affairs, the summoning of a meeting shall be in the discretion of the Court.
(8)
Every such meeting shall be held at such time and place as the Court or the Registrar appoints, and shall be summoned by the Registrar in the prescribed manner.
(9)
No meeting duly summoned in the prescribed manner, and no resolution passed thereat, shall be invalidated or otherwise affected by the circumstance that any owner has not in fact received notice of the holding of that meeting.
308 Notice of proposed resolutions to be given to owners.
1931, No. 31, s. 424
(1)
Every notice summoning a meeting of the assembled owners shall have incorporated therein or attached thereto a statement of the terms of every proposed resolution that is to be submitted to the meeting. Except as provided in subsection two hereof no resolution shall be proposed at the meeting unless notice thereof has been given in accordance with this section.
(2)
Where a resolution in accordance with paragraph (b) or paragraph (c) of subsection one of section three hundred and fifteen hereof is rejected by the meeting, a resolution in accordance with paragraph (e) thereof may be submitted to the meeting notwithstanding that notice thereof may not have been given in accordance with this section.
309 Procedure at meetings.
1931, No. 31, s. 417(l)–(7)
(1)
No meeting of assembled owners shall be deemed to be properly constituted unless at least three individuals entitled to vote are present during the whole time of the meeting.
(2)
Subject to the provisions of this section, an owner may attend and vote at any such meeting either personally or by a proxy appointed by him in writing.
(3)
Any owner who is under disability and for whom a trustee is in office under Part X of this Act shall, for the purposes of this Part of this Act, be represented by his trustee, who may attend, vote, and act at any meeting, either personally or by a proxy, in the same manner and on the same conditions as if he were an owner.
(4)
No person claiming to be beneficially interested in the estate of a deceased owner shall be entitled to attend or vote at any such meeting until and unless a vesting order in respect of his interest has been made by the Court in his favour.
(5)
No person shall act as proxy at any such meeting after the death of the person who has given the proxy.
(6)
No person other than an owner, or the wife or husband of an owner, shall be qualified to act as a proxy at any meeting of assembled owners, otherwise than as proxy of the trustee of a person under disability within the meaning of Part X of this Act.
(7)
Except so far as determined by this Act the procedure of any such meeting shall be determined by regulations under this Act.
310 Recording Officer to attend meetings.
Ibid., s. 417(8)
(1)
For the purposes of every meeting of assembled owners there shall be an officer to be called the Recording Officer, who shall be present throughout the whole time of the meeting and shall keep a sufficient record of the proceedings.
(2)
The Registrar of the Court, or some other officer of the Department appointed for the purpose by the Registrar, shall be the Recording Officer.
311 Voting at meeting.
1931, No. 31, ss. 414(2), 418
(1)
Every resolution which a meeting of Assembled owners is authorized by this Act to pass shall be deemed to be carried if the owners who, either personally or by proxy, vote in favour of the resolution own a larger aggregate share of the land affected thereby than the owners who vote, either personally or by proxy, against the resolution.
(2)
For the purposes of this section the value of the vote of the owner of a beneficial freehold interest less than the fee simple shall be computed as if he were the owner in fee simple of one half of his share, and the value of the vote or votes of the person or persons entitled in remainder shall be similarly computed as if they were the owners in fee simple of the other half share.
(3)
A person acting as proxy for more than one owner, or a trustee or his proxy acting for more than one person under disability, shall be entitled to exercise one vote in respect of each person for whom he so acts.
312 Assembled owners may accept, or reject, or vary form of resolutions submitted.
Ibid., s. 435(4)
(1)
All resolutions shall be submitted to the meeting in the form in which they were set forth in the notice summoning the meeting.
(2)
In considering any such resolution, the owners may accept or reject the same, or may adopt any such resolution with such modifications as they think fit.
(3)
Nothing in the foregoing provisions of this section shall be construed to limit the provisions of subsection two of section three hundred and eight hereof.
313 Resolutions to be in writing and signed.
Ibid., s. 419
(1)
Every resolution passed at a meeting of assembled owners shall be reduced to writing by the Recording Officer and shall be certified by him as being a correct transcription of the resolution or shall be otherwise authenticated in manner prescribed by regulations.
(2)
Any owner, trustee, or proxy who voted against the resolution may, if he so desires, sign a memorial of dissent in the presence of the Recording Officer, at any time within fourteen days after the date of the meeting.
314 Resolutions to be reported to Court.
Ibid., s. 420 1932, No. 25, s. 5
As soon as practicable after the holding of any such meeting, the Recording Officer shall, in writing under his hand, report the result thereof to the Court and shall deposit among the records of the Court a statement under his hand of the proceedings of the meeting, together with a copy of every resolution and memorial of dissent.
315 Resolutions which may be passed by assembled owners.
1931, No. 31, s. 422
(1)
The assembled owners of any land may pass in manner aforesaid any one or more of the following resolutions:
(a)
That the owners of the land or of any part thereof shall, either by themselves or together with the owners of any other land, become incorporated under Part XXII of this Act for such object or objects as may be specified in the resolution; or that any defined land of the owners be included in an existing order of incorporation pursuant to section two hundred and eighty or section two hundred and eighty-two hereof:
(b)
That a proposed alienation of the land or any part thereof to the Crown be agreed to:
(c)
That a proposed alienation of the land or any part thereof to any person other than the Crown be agreed to:
(d)
That the lessee under any lease to which the land is subject be permitted to surrender the same, or that any rent then due and payable under a lease be remitted in whole or in part or that payment thereof be postponed, or that the rent under any lease be reduced, or that, with the consent of the lessee, the terms and conditions of any lease be varied in manner set out in the resolution:
(e)
That the Maori Trustee be authorized to act as the agent of the owners to negotiate for and to carry into effect the alienation, by sale or lease or otherwise as may be specified in the resolution, of the land or of any part thereof, subject to such restrictions or limitations as may be specified in the resolution, or that the Maori Trustee be appointed the agent of the owners for any other specified purpose; or that any resolution theretofore made for the purposes of this paragraph be revoked:
(f)
That any moneys for the time being held by the Maori Trustee in respect of the land may be applied by him for any purpose specified in the resolution:
1949, No. 19
(g)
That the Minister of Forests be appointed the agent of the owners for the purposes of subsection five of section sixty-four of the Forests Act 1949.
(2)
No resolution passed by the assembled owners pursuant to this section shall have any force or effect unless it is confirmed by the Court as hereinafter provided.
(3)
A resolution for the purposes of paragraph (e) of subsection one hereof shall not be confirmed without the consent of the Maori Trustee.
316 Security for calling meeting to reconsider rejected proposal.
1931, No. 31, s. 421
(1)
Where a proposed resolution for the alienation of land to any person other than the Crown has been rejected by the assembled owners no further meeting of the owners to consider a resolution to the same or substantially the same effect shall be summoned within the period of twelve months thereafter unless there is deposited with the Registrar of the Court such sum as he thinks reasonable to meet the expenses of owners attending the meeting.
(2)
Any sum so deposited or any part thereof may be paid by the Registrar to such of the owners or their proxies as in his opinion have been put to undue expense or inconvenience in attending the meeting, and any balance shall be refunded to the person who has deposited the same.
317 Resolutions subject to confirmation by Court.
Application for the confirmation by the Court of any resolution duly passed at a meeting of assembled owners may, without payment of any fee, be made by any person interested.
318 Resolutions for alienation of land.
(1)
In considering a resolution for the alienation of any land the Court shall have regard to the same matters as it would be required to consider if the resolution were an alienation to which Part XIX of this Act applied, and may exercise in respect of the resolution all or any of the powers that it could exercise with respect to such an alienation (including the powers, as far as applicable, conferred on the Court by section two hundred and thirty-one hereof).
(2)
If, on application for the confirmation of a resolution for the alienation to any person other than the Crown of land having any timber trees growing thereon, it appears to the Court that the proposed alienation is primarily or substantially for the purpose of effecting the disposition of any timber, it shall not confirm the resolution except with the consent of the Minister of Forests, which may be unconditional or subject to such general or specific conditions as that Minister may impose.
(3)
The refusal of the Minister of Forests to give any consent as aforesaid, or the consent of that Minister and the terms of any conditions attached thereto, shall be forthwith communicated by him to the Minister of Maori Affairs.
(4)
Except as may be otherwise provided by Rules of Court or unless exemption from the requirements of this subsection is granted by the Court, every application for the confirmation of a resolution for the alienation of land to any person other than the Crown shall be supported by a special valuation of the land to which the resolution relates. Every special valuation made for the purposes of this section shall be made by the Valuer-General, and shall be transmitted by him to the Court.
(5)
For every valuation made by the Valuer-General for the purposes of this section there shall be paid by the proposed alienee a fee to be fixed by the Valuer-General.
(6)
In determining the adequacy of the consideration the Court shall have regard to the valuation made by the Valuer-General as aforesaid, but shall not be bound to determine the adequacy of the consideration in conformity with that valuation.
319 Court may confirm, modify, or disallow resolutions.
1931, No. 31, ss. 425, 428 1932, No. 25, s. 6
(1)
On application for the confirmation of any resolution the Court, subject to the provisions of this Part of this Act, may—
(a)
Confirm the resolution either absolutely or subject to any conditions that it is authorized by this Act to impose; or
(b)
Disallow the resolution.
(2)
If in the exercise of its powers the Court proposes to impose conditions or otherwise materially to modify a resolution as passed by the owners for the alienation of any land, it shall not proceed to confirm the resolution unless the alienee consents to the proposed alterations or conditions.
(3)
If in the opinion of the Court there has been undue delay in applying for or in proceeding with an application for confirmation of any resolution the Court may refuse to consider the application.
(4)
No appeal to the Appellate Court shall lie from any order made by the Court under this section other than an order made for the purposes of paragraph (c) of subsection one of section three hundred and fifteen hereof.
320 Court may adjourn proceedings for confirmation to allow of partition orders being made.
1931, No. 31, s. 425 1932, No. 25, s. 6
(1)
The Court may from time to time postpone or adjourn the hearing of any application for confirmation of a resolution for the alienation of any land so as to permit the making of an application or of applications for partition.
(2)
In any such case the Court shall, as soon thereafter as it thinks fit, and notwithstanding the fact that applications for partition may be then pending, take the resolution into further consideration, and either disallow the same or confirm it with respect to the residue of the land, after deducting the shares, if any, which have been severed by way of partition.
(3)
No appeal to the Appellate Court shall lie from any order made by the Court under subsection two of this section other than an order made for the purposes of paragraph (c) of subsection one of section three hundred and fifteen hereof.
321 General provisions as to confirmation of resolutions.
1931, No. 31, s. 426(3), (5) 1932, No. 25, s. 6
(1)
No resolution shall be confirmed by the Court before the expiration of fourteen days after the day when the same was passed.
(2)
Except in cases where the hearing of an application for confirmation of a resolution of assembled owners is postponed or adjourned pursuant to section three hundred and twenty hereof, no such resolution shall be confirmed after the expiration of twelve months from the day on which the resolution was passed, and, except as aforesaid, every such resolution shall be deemed to have lapsed on the expiration of the said period of twelve months:
Provided that the Court may, on application made within six months after the lapse of a resolution extend the said period of twelve months by a further period not exceeding twelve months, and the resolution shall thereupon be deemed to have been revived as from the date on which it lapsed.
322 Confirmation of resolution for alienation not to constitute contract.
1931, No. 31, s. 435(10)
The confirmation of a resolution under this Part of this Act with respect to the proposed alienation of any land shall not constitute a contract between the owners and any other persons or impose any obligations or confer any rights upon the owners, or upon an intending alienee or other person.
323 On confirmation of resolution for alienation, Maori Trustee to become agent of owners to execute instruments, etc.
Ibid., s. 435(6), (11)–(14) 1932, No. 25, s. 6
(1)
On the confirmation of a resolution for the alienation of any land to the Crown or to any other person or for the variation of the terms and conditions of any lease, the Maori Trustee shall become the statutory agent of the owners to execute all instruments and to do on their behalf all such other things as may be necessary to give effect to the resolution.
(2)
Every instrument of alienation executed by the Maori Trustee as the agent of the owners shall, without confirmation under Part XIX of this Act, have the same force and effect, and may be registered in like manner, as if it had been lawfully executed by all of the owners or their trustees, and as if those owners or trustees had been fully competent in that behalf. The production of any certificate of title issued in respect of the land affected by the instrument of alienation shall not be necessary for the registration of that instrument.
(3)
Every instrument of alienation so executed by the Maori Trustee shall contain a statement or recital that he is duly authorized to execute the same as the agent of the owners under this Part of this Act, and every such statement or recital shall be accepted by the District Land Registrar and by all Courts as prima facie evidence of the facts so stated or recited.
(4)
Except as against a person guilty of fraud no instrument of alienation executed by the Maori Trustee as the agent of the owners under this section shall be invalidated by any breach or non-observance of the provisions of this Part of this Act prior to the confirmation of the resolution or by any repugnancy between the terms of the resolution and the terms of the instrument of alienation executed in pursuance thereof.
(5)
The foregoing provisions of this section shall extend and apply with all necessary modifications to any case in which the land to be alienated is vested in the Maori Trustee.
(6)
The owners shall not be competent to revoke the authority of the Maori Trustee to act as their agent under this section.
324 On confirmation of resolution under section 315(1)(e), Maori Trustee to be agent of owners in terms of resolution.
(1)
On the confirmation of a resolution for the purposes of paragraph (e) of subsection one of section three hundred and fifteen hereof, the Maori Trustee shall become the agent of the owners in terms of the resolution, with power to execute instruments and to do on behalf of the owners all such other things as may be necessary to give effect to the resolution.
(2)
The provisions of subsections two, three, and four of section three hundred and twenty-three hereof shall apply with respect to any instrument of alienation executed by the Maori Trustee under this section.
(3)
The owners shall not be competent to revoke the authority of the Maori Trustee to act as their agent under this section otherwise than by resolution duly confirmed by the Court.
325 Court may cancel resolution if not acted on.
1931, No. 31, s. 436
(1)
If any resolution passed by the assembled owners and confirmed by the Court is not carried into effect within a reasonable time after the date of confirmation the Court may by order annul the confirmation and thereupon the resolution shall be deemed to have been rescinded.
(2)
No appeal to the Appellate Court shall lie from any order made under this section.
Part XXIV Maori Land Development
326 Interpretation.
In this Part of this Act, unless the context otherwise requires,—
“Board” means the Board of Maori Affairs: The expression “improvements effected by a lessee”
or any expression to the like effect has the same meaning as in Part XX hereof:
“Maori” includes any descendant of a Maori.
327 Main purpose of this Part.
(1)
The main purpose of this Part of this Act is to promote the occupation of Maori freehold land by Maoris and the use of such land by Maoris for farming purposes.
(2)
Nothing in this section shall be construed to limit the operation of any of the provisions of this Part of this Act that relate to Crown land or European land, or that provide for the occupation of any land by persons other than Maoris, or that provide for the carrying on, on any land, of any industry or undertaking other than farming.
328 Rights of owners while land remains subject to this Part.
(1)
The fact that any land is for the time being subject to this Part of this Act shall not affect the legal ownership of that land, but the rights of the owners shall be subject to the special provisions of this Part and to the right of the Board to exclusive occupation of the land, subject to any rights conferred by it on lessees, nominated occupiers, or other persons.
(2)
All property other than land or interests in land for the time being held by the Board in respect of any particular area shall be held by it in trust for the several owners of that area in proportion to their several interests therein.
(3)
The disposition by operation of law or otherwise of the interest of any owner in any land that is subject to this Part of this Act shall, whether so expressed or not in any instrument of disposition, be and be deemed to be a disposition of his corresponding interest in any other property held by the Board in trust for him in respect of that land, and the owners shall not be competent to dispose of their interests in any such property otherwise than as provided in this section.
329 Rights and obligations of Board under Fencing Act 1908.
While any land that is for the time being subject to this Part of this Act is not in the occupation of a lessee, the Board shall be deemed to be the occupier thereof for the purposes of the Fencing Act 1908.
330 Board may declare land to be subject to this Part.
1936, No. 53, s. 4
(1)
All lands which immediately prior to the commencement of this Act were subject to Part I of the Maori Land Amendment Act 1936 are hereby declared to be subject to this Part of this Act.
(2)
Subject to the provisions of this section, the Board may from time to time by notice in the Gazette declare to be subject to this Part of this Act—
(a)
Any Maori freehold land which, in the opinion of the Board, is suitable for development or occupation under this Part of this Act:
(b)
Any European land owned by Maoris which, in the opinion of the Board, is suitable for development or occupation under this Part of this Act:
(c)
Any Crown land to which section three hundred and thirty-one hereof relates:
(d)
Any land acquired by the Board pursuant to section three hundred and seventy hereof.
(3)
Before declaring to be subject to this Part of this Act any land to which paragraph (a) or paragraph (b) of subsection two hereof applies, the Board shall take adequate steps to ascertain the wishes of the owners concerned, and shall not declare any such land to be subject to this Part unless all objections have been fully considered and, notwithstanding such objections, the Board is of opinion that the land should be made subject to this Part.
(4)
No land shall be declared by the Board to be subject to this Part of this Act while any lease is subsisting in respect thereof.
(5)
Except as provided in subsection six hereof, no alienation of any land that is for the time being subject to this Part of this Act or of any interest therein and no partition order in respect thereof shall be made without the consent of the Board.
(6)
The consent of the Board shall not be required in respect of an exchange order made under Part XVII hereof, or a vesting order under section two hundred and thirteen hereof, or the acquisition by the Maori Trustee of any land or interest in land under any of the provisions of this Act.
331 Crown land may be made subject to this Part.
1936, No. 53, s. 7 1939, No. 28, s. 4 1948, No. 64
(1)
With the consent of the Minister of Lands, granted upon such terms and conditions as that Minister thinks fit, the Board may declare any Crown land within the meaning of the Land Act 1948 to be subject to this Part of this Act.
(2)
In respect of any Crown lands that are declared to be subject to this Part of this Act there may be transferred from or to the Land Settlement Account to or from any other appropriate account such amounts as the Minister of Finance may from time to time determine.
(3)
Where pursuant to this section any Crown land has been declared to be subject to this Part of this Act the District Land Registrar shall, at the request of the Board, issue in the name of Her Majesty a certificate of title for an estate in fee simple in the land. Notwithstanding any Act or rule of law to the contrary, the fee simple estate in the land shall not be merged in any other interest possessed by Her Majesty, but shall enure as a separate estate available for the purposes of this Part of this Act.
332 Land subject to this Part may be excluded therefrom.
1936, No. 53, s. 4(2)
The Board may at any time by notice in the Gazette declare that any land that is for the time being subject to this Part of this Act shall cease to be subject thereto, and every such notice shall have effect according to its tenor.
333 Notices may be registered against title.
1949, s. 46, s. 18
Any notice declaring any land to be subject to this Part of this Act or declaring that any land has ceased to be subject to this Part shall be registered by the District Land Registrar, without payment of any fee, against the title to the land affected thereby, on receipt by him of a copy of the Gazette in which the notice is published, or of a certified copy of the notice under the hand of the Secretary.
334 Record of valuations to be kept.
(1)
When any land is hereafter declared to be subject to this Part of this Act the Board shall cause to be made a record of the state and condition of the land as at the date of the notice.
1951, No. 19
(2)
The Valuer-General shall, on the application of the Board, make a special valuation of the land under the Valuation of Land Act 1951, with such particulars as to the capital value and as to the nature and value of any improvements thereon as the Board may require.
(3)
All records and valuations made pursuant to this section shall be filed by the Department as records of the Board in respect of the land to which they relate.
Utilization of Land Subject to This Part
335 General provisions as to utilization of land.
(1)
Any land that for the time being is subject to this Part of this Act may be used or disposed of by the Board as follows:
(a)
Any such land may be occupied by the Board and may be used by it for any purpose authorized by this Part of this Act:
(b)
Any such land may be occupied by persons nominated by the Board as the nominated occupiers thereof:
(c)
Any such land may be leased by the Board in accordance with the provisions of this Part of this Act.
(2)
Any Crown land that has been declared to be subject to the provisions of this Part of this Act or to the corresponding provisions of any former Act may be used or disposed of by the Board in accordance with the foregoing provisions of this section may, subject to any conditions imposed by the Minister of Lands pursuant to section three hundred and thirty-one hereof, be at any time sold by the Board on such terms and conditions as it thinks fit.
(3)
All Crown land that is sold by the Board pursuant to subsection two hereof to a Maori (whether in severalty or in common with any other person or persons) or to a body corporate of owners established under Part XXII hereof shall thereupon become and be deemed to be Maori freehold land.
336 Board may undertake works for improvement and development of land.
1936, No. 53, s. 9(3)
On any land that is for the time being subject to this Part of this Act the Board may cause to be carried out or may undertake such works for the improvement or development of the land as it thinks fit, including (but not to the exclusion of any works of a kind not herein specified) the survey, drainage, reclamation, roading, bridging, fencing, clearing, grassing, planting, top dressing, and manuring of the land, the construction, maintenance, repair, and insurance of buildings and other erections, and the provision of water supply or other services.
337 Board may maintain land as base farm.
Ibid., s. 9(2)
Any land that is subject to this Part of this Act may be used by the Board as a base farm for the purpose of breeding, raising, holding, or depasturing stock that is intended for use on any other land that is subject to this Part of this Act, or for experimental or educational purposes, or for the training of Maoris in farm management and farm work, or for any other purposes which the Board, in the exercise of its powers under this Part of this Act, thinks fit.
338 Board may purchase and sell equipment, livestock, etc.
1936, No. 53, s. 9(4), (5)
(1)
The Board may from time to time purchase or otherwise acquire all such tools, plant, machinery, or other equipment or livestock as may in its opinion be required in the development of any land that is subject to this Part of this Act, or for the purposes of any base farm or other farm conducted by the Board or in the occupation of a nominated occupier under the supervision and direction of the Board, and may also provide and equip camps or other accommodation for the use of workmen engaged or employed by it.
(2)
Any property acquired by the Board under this section and the produce of any livestock so acquired may be sold or otherwise disposed of by the Board as and when and on such terms as it thinks fit.
(3)
Nothing in this section shall be construed to limit the authority of the Board to buy or sell any goods or to do anything which in its opinion is necessary or expedient for the proper development, management, or utilization of any land that is subject to this Part of this Act.
Use of Land by Nominated Occupiers
339 Nominated occupiers.
Ibid., s. 16
(1)
The Board may from time to time by licence appoint one or more suitable persons to be the nominated occupier or the joint nominated occupiers of any area of land that is for the time being subject to this Part of this Act. The nominated occupier shall, subject to the terms of his licence, have the exclusive right to the possession and use of the land of which he is the nominated occupier.
(2)
A nominated occupier may be the owner or one of the owners of the land or may be any other person appointed by the Board in that behalf.
(3)
A nominated occupier shall not, as such, be entitled to any estate or interest in the land of which he is the nominated occupier.
(4)
The nominated occupier of any land shall occupy and use the same under the control and supervision of the Board, and shall not dispose of any produce or of any stock, machinery, implements, or other chattels of which he is in possession in respect of the land without the authority of the Board.
(5)
Except with the consent of the Board the nominated occupier shall not be entitled to keep or use on or in connection with the land any stock or implements or material belonging to him or to any other person, but any such property belonging to him at the commencement of his licence may be purchased by the Board.
(6)
Subject to the foregoing provisions of this section, the rights, privileges, obligations, and duties of the nominated occupier shall be as set forth in the terms of his licence.
(7)
No stamp duty shall be payable on any licence granted by the Board under this section.
340 Occupier may be required to execute instruments for registration under Chattels Transfer Act.
1936, No. 53, s. 22
(1)
The nominated occupier shall, as and when required by the Board so to do, execute any instrument for registration under the Chattels Transfer Act 1924.
(2)
Every instrument so executed by a nominated occupier pursuant to this section shall be as valid against the occupier and any other person as if the occupier were the sole owner of the stock, machinery, implements, moneys, or other property to which the instrument relates, and the validity or effect of any such instrument shall not be affected by the fact that the right of the occupier to occupy any land may have been cancelled or revoked, or that he may have died, or that for any other reason he may have ceased to occupy the land.
Leases of Land Subject to This Part
341 Board may grant leases.
1936, No. 53, ss. 24, 30
(1)
The Board may from time to time grant leases of any land that is subject to this Part of this Act.
(2)
Subject to the provisions of this Part and of any regulations made for the purposes thereof, the Board may fix the terms and conditions of any lease granted under this Part of this Act, and may exercise in respect thereof all the rights and undertake the obligations and duties of a lessor.
(3)
Without limiting the generality of the authority of the Board to fix the terms and conditions of any lease, it may, as a term of the lease, require the lessee to pay, as and when required so to do, the value, as assessed by the Board, of the improvements or of any of the improvements subsisting on the land at the commencement of the lease.
(4)
All moneys so payable by the lessee in respect of improvements shall, unless the Board otherwise directs, be paid to the Maori Trustee and shall, subject to the direction of the Board, be dealt with by him in accordance with section three hundred and fifty-three and section three hundred and sixty hereof as if those moneys were rent.
(5)
No lease or other alienation of Maori freehold land under this Part of this Act shall require to be confirmed by the Court.
342 Preference to be given to Maoris.
1936, No. 53, s. 24(3)
Every lease under this Part of this Act shall be granted to a Maori or to two or more Maoris unless in the case of any particular area the Board is of opinion that there is no Maori who, being ready and willing to become a lessee, is a fit and proper person to be a lessee of that land.
343 Leases may be registered against land without production of title.
Ibid., s. 25(2) 1952, No. 52
Every lease granted under this Part of this Act in respect of land that is subject to the Land Transfer Act 1952 may be registered in the same manner as if it had been lawfully granted by the legal owner of the land demised, and for the purposes of registration it shall not be necessary to produce the certificate or certificates of title.
344 Term of leases in respect of Maori land or land owned by Maoris.
1936, No. 53, s. 26
(1)
Every lease granted under this Part of this Act in respect of Maori freehold land or of European land owned by Maoris shall be for such term as the Board thinks fit, not exceeding in any case a term of fifty years (including any term or terms of renewal to which the lessee may be entitled).
(2)
Subject to the provisions of this section as to the maximum duration thereof, any such lease may confer on the lessee a right of renewal for one or more terms.
345 Term of leases of Crown land.
1947, No. 59, s. 18
(1)
Every lease granted under this Part of this Act in respect of Crown land shall be for such term as the Board thinks fit, not exceeding in any case a term of thirty-three years.
(2)
Any such lease may confer on the lessee a right of renewal for one or more terms of the same or a shorter duration, or may confer on the lessee a perpetual right of renewal for the same or a shorter term.
346 Provisions as to review of rent during currency of lease and on renewal.
(1)
On the grant of a lease under this Part of this Act the Board shall fix the rent to be payable thereunder during the term of the lease or until the rent is reviewed in accordance with this section.
(2)
In any such lease the Board may stipulate that the rent shall be reviewed during the currency thereof at intervals or at times to be stated in the lease.
(3)
Every lease that makes provision for the review of the rent during the currency of the lease, and every lease that provides a right of renewal, shall stipulate that on review or renewal the rent shall, subject to the provisions of subsection four hereof, be calculated as a specified percentage of the unimproved value of the land as at the date of review or renewal, with or without a specified percentage or specified percentages of the value, as at that date, of any improvements other than improvements effected by the lessee.
(4)
If on the review of the rent payable under any lease or on the renewal of any lease the rent, ascertained in accordance with subsection three hereof, would be less than the rent theretofore payable, the rent shall not be reduced in accordance with the valuation, but shall continue at the amount theretofore payable, unless the lease provides that on review or renewal the rent shall or may be reduced if the values are not sufficient to support the original rent.
347 Special valuation for purposes of fixing new rent.
(1)
For the purpose of determining the rent to be paid by the lessee as aforesaid on the review of the rent or on the grant of a renewal of his lease, the Valuer-General at the request of the Board shall cause to be made a special valuation of the land comprised therein.
(2)
On the completion of a special valuation as aforesaid the Valuer-General shall cause to be prepared a certificate setting forth the following particulars:
(a)
The name of the lessee:
(b)
The area of the land comprised in the lease, and the name by which the land is commonly known or other description thereof sufficient to identify it:
(c)
A list of the improvements and the value of those improvements, either separately or in classes:
(d)
The unimproved value of the land:
(e)
The capital value of the land.
1951, No. 19
(3)
For the purposes of this section, the expressions “capital value”
, “improvements”
, “unimproved value”
, and “value of improvements”
shall have the meanings assigned to them respectively by the Valuation of Land Act 1951, and every valuation made under this section shall be made in the same manner as if it were a valuation under that Act.
(4)
Every certificate given by the Valuer-General for the purposes of this section shall have attached thereto, or written or printed thereon in prominent characters, a notice to the effect that the valuation to which the certificate relates is subject to objection in the manner prescribed by and within the time limited in accordance with section three hundred and forty-eight of this Act.
348 Notice of valuations and right of objection.
(1)
As soon as practicable after making any special valuation as aforesaid the Valuer-General shall serve not less than three copies of the certificate on the Secretary.
1948, No. 50
(2)
The Secretary shall thereupon file a copy of the certificate in the appropriate office of the Land Valuation Court established under the Land Valuation Court Act 1948, and shall serve a copy thereof on the lessee, together with a notice that objections to the valuation to which the certificate relates may be lodged in the manner and within the time specified in the notice.
(3)
In the notice given under subsection two hereof the Secretary shall fix the time within which objections to the valuation may be made by the Board or the lessee, being not less than two months after the date of service on the lessee, and shall specify the office of the Land Valuation Court in which objections shall be filed.
(4)
If the lessee or the Board objects to any of the values as appearing in the certificate, he or it may, within the prescribed time, file an objection to the valuation in the appropriate office of the Land Valuation Court.
(5)
Every objection filed as aforesaid shall specify the several items to which the objection relates, and with respect to each item shall specify the grounds of the objection.
(6)
On the filing of any such objection by the lessee the Registrar of the Court shall forthwith give to the Secretary notice of the filing of the objection and of the terms thereof, and on the filing of an objection by the Board shall give a like notice to the lessee.
(7)
For the purposes of the foregoing provisions of this section the appropriate office of the Land Valuation Court shall be the office of that Court for the district in which is situated the land to which the valuation relates.
1951, No. 19
(8)
All objections made in the manner prescribed by this section shall be heard and determined in the same manner as if they were objections made to valuations under the Valuation of Land Act 1951, and all the provisions of that Act relating to objections and the determination and disposal thereof shall extend and apply accordingly.
(9)
If on the hearing of any objection any alteration in the valuation is made, the Valuer-General shall amend the certificate of valuation accordingly.
349 Board may reduce or remit rent.
1936, No. 53, s. 27(2)
Notwithstanding anything in the foregoing provisions or in any lease granted under this Part of this Act or under the corresponding provisions of any former Act, the Board may reduce, remit, or extend the time for payment of any rent payable under any such lease for such period and on such terms and conditions as it may deem expedient.
350 Compensation for improvements.
Ibid., s. 28
(1)
Every lease granted under this Part of this Act (other than a lease of Crown land with a perpetual right of renewal) shall contain express provisions to the effect:
(a)
That the lessee shall, on the expiry of his lease by effluxion of time, be entitled to compensation for improvements effected by him (being all such improvements or improvements of a kind or class to be specified in the lease); or
(b)
That the lessee shall not be entitled to any compensation for improvements effected by him.
(2)
Where provision is made as aforesaid for payment to the lessee of compensation for any improvements, the lease shall specify the percentage which the amount of compensation shall bear to the value of those improvements as at the termination of the lease, being, in the case of Maori freehold land of of European land owned by Maoris, not more than seventy-five per cent of the value of those improvements.
(3)
Notwithstanding anything in the foregoing provisions of this section any lease that provides for the payment of compensation for improvements may further provide that the right to compensation may be forfeited, in whole or in part, if the lessee fails to comply with any specified covenants of the lease.
351 Compensation to be ascertained by valuation.
(1)
For the purpose of ascertaining the amount of compensation to which any lessee is entitled in accordance with this Part of this Act and the terms of his lease the Valuer-General, at the request of or on behalf of any of the parties to the lease, shall cause to be made, as at the date of the termination of the lease, or at such other time as the lease in that behalf provides, a special valuation of the land comprised in the lease.
(2)
The provisions of sections three hundred and forty-seven and three hundred and forty-eight hereof shall apply, with the necessary modifications, to special valuations made under this section.
352 Rent to be paid to Maori Trustee.
(1)
Unless the Board otherwise determines, all rent payable under any lease granted under this Part of this Act shall be paid to the Maori Trustee.
(2)
Any rent payable to the Maori Trustee pursuant to this section shall, as it becomes due and payable in terms of the lease, constitute a debt due by the lessee to the Maori Trustee, recoverable in the same manner as if it were rent due to the Maori Trustee for land demised by him.
353 Sinking fund to provide compensation for lessees of Maori land.
1953, No. 95
(1)
For the purpose of making provision for the payment of the compensation to which the lessee of any Maori freehold land or of European land owned by Macris may be entitled, the Board may from time to time during the currency of the lease or of any renewal thereof direct the Maori Trustee to pay out of the rent received by him such sums as it thinks fit into the Common Fund of the Maori Trustee’s Account there to accumulate with interest thereon at the rate from time to time determined by the Governor-General pursuant to the provisions of the Maori Trustee Act 1953.
(2)
The compensation payable to any such lessee shall, when it becomes due and payable, be paid by the Maori Trustee out of moneys invested for the purpose in accordance with this section.
(3)
If the moneys available for the payment of compensation exceed the amount payable as compensation to the lessee, the Maori Trustee shall, in accordance with the directions of the Board, pay the surplus to the persons entitled thereto.
(4)
If the moneys available as aforesaid are insufficient to pay the lessee the full amount of the compensation to which he is entitled, the deficiency shall be paid as an advance out of moneys appropriated by Parliament or otherwise available for the purposes of this Part, and the land in respect of which any such advance is made shall be charged with the payment of the amount so advanced, together with interest thereon at a rate to be fixed by the Minister of Finance. Where the land so charged is comprised in two or more separate titles the Court, on the application of the Board, shall apportion the charge between the lands comprised in the several titles or may exclude from the charge the area or areas comprised in any of those titles.
1952, No. 52 1952, No. 51
(5)
In respect of any charge imposed under this section the Board may execute a memorial of charge against the land affected, and any such memorial of charge may be registered against the title to that land by the District Land Registrar or the Registrar of Deeds, as the case may be, of the land registration district in which the land is situated; and when so registered the memorial of charge shall have the same force and effect as if it were a valid mortgage to Her Majesty of all the land therein described to secure the repayment of the principal moneys and the payment of interest thereon; and the power of sale and all other powers expressed by the Land Transfer Act 1952 or the Property Law Act 1952, as the case may be, in respect of mortgages, shall be implied in the memorial.
(6)
The principal moneys secured under any such memorial of charge shall be due upon a date to be specified therein in that behalf. Interest at the rate fixed in accordance with subsection four hereof shall be payable on the dates to be specified in the memorial.
354 Compensation for improvements to lessees of Crown land.
(1)
The following provisions of this section shall apply with respect to leases of Crown land subject to this Part of this Act by which provision is made for the payment to lessees of compensation for improvements.
(2)
If on the expiry of any lease to which this section applies the Board decides that the land shall not be again disposed of by way of lease, it shall pay to the lessee the amount of the compensation to which he is entitled.
(3)
Where the Board decides that the land shall again be leased, it shall, in accordance with the provisions of subsection three of section three hundred and forty-one hereof, offer the lease on terms requiring the lessee to pay the value of the improvements, as assessed by the Valuer-General in accordance with the provisions of section three hundred and fifty-one hereof.
(4)
Where the Board is unable to dispose of the land in accordance with the provisions of subsection three hereof, and the outgoing lessee is not willing to agree to the terms offered by any prospective lessee, the Board shall, if the lease so provides, proceed to offer a lease of the land by public tender in accordance with this Part of this Act.
(5)
If the expired lease does not stipulate for disposal by public tender of the land comprised in the lease, the Board may dispose of it by public tender or otherwise in accordance with this Part.
(6)
All moneys received by the Board from a lessee in respect of improvements, not exceeding in any case the value of those improvements as assessed by the special valuation made by the Valuer-General, shall be paid by the Board to the outgoing lessee or other person entitled thereto in satisfaction of the lessee’s claim for compensation.
(7)
No person shall have any right of action against Her Majesty or any other person in respect of any delay on the part of the Board in disposing of the land comprised in an expired lease, or for failure or delay in collecting from an incoming tenant the value of any improvements, or for its failure to dispose of the land comprised in a lease to the best advantage of an outgoing lessee.
355 Payment of value of improvements to lessee with perpetual right of renewal.
(1)
The provisions of section three hundred and fifty-four hereof shall, as far as applicable and with any necessary modifications, apply in any case where a lessee of Crown land, having a perpetual right of renewal under this Part, elects not to accept a renewal of his lease.
(2)
Subject to the provisions of section three hundred and fifty-four hereof a lessee with a perpetual right of renewal shall on the expiry of any term of his lease be deemed to be entitled, if he does not accept a renewal of his lease, to compensation for the improvements effected by him of an amount equal to the value of those improvements as ascertained by a special valuation to be made for the purpose by the Valuer-General.
356 Record of improvements.
1936, No. 53, s. 29
(1)
On the grant of any lease under this Part of this Act, whether or not it confers on the lessee a right to compensation for improvements effected by him, the Board shall cause to be made, in such manner as it thinks fit, a record of the state and condition of the land and of any improvements existing thereon.
(2)
On the grant as aforesaid of a lease that confers on the lessee a right to compensation for improvements or on the grant of any lease with a perpetual right of renewal, the value of the improvements shall be ascertained by the Valuer-General by a special valuation made by him at the request of the Board.
(3)
If any lease is granted within three years after the date of a special valuation made pursuant to section three hundred and forty-seven of this Act the Board may, if it thinks fit, adopt that valuation and its record of the then state and condition of the land for the purposes of this section.
(4)
The cost of making any such record and valuation shall be deemed to be an expense properly deductible from any rent received by the Maori Trustee from the lease of the land in respect of which the record and valuations are made, and the Maori Trustee may deduct the amount of the cost from the rent in instalments or otherwise as he thinks fit.
(5)
Where any lessee makes or proposes to make any improvements on the land comprised in his lease, he shall be entitled, on application to the Board, to have a record made of particulars of the nature and value of those improvements and of the state and condition of the land before the making of the improvements. Every such record shall be made at the cost in all things of the lessee.
(6)
Every record made under this section shall be retained by the Department, and shall at all times be receivable as sufficient evidence of the facts so recorded in all matters and proceedings relating to the value of the improvements effected by the lessee.
357 Surrender of leases.
1936, No. 53, s. 31
The Board may at any time if it thinks fit accept a surrender of any lease granted under this Part of this Act, either unconditionally or subject to such conditions as it thinks fit.
358 Costs.
Ibid., s. 32
The cost of the preparation, execution, stamping, and registration of any lease granted under this Part of this Act and the cost of any special valuation made in terms of a lease shall be borne and paid by the lessee, but any such costs may, at the discretion of the Board, be charged to the lessee’s account and be deemed to be an advance to the lessee under the provisions of this Part of this Act.
359 Restriction on lessee’s powers of disposition.
Ibid., s. 33
(1)
Except with the precedent consent of the Board no lease or sublease of land leased under this Part of this Act shall be capable of being assigned; nor, except with the precedent consent of the Board, shall any sublease of any land so demised be capable of being granted. In giving any such consent the Board may impose such terms and conditions as it thinks fit.
(2)
The consent of the Board shall not be given to any assignment or sublease in favour of a person other than a Maori unless, in the opinion of the Board, there is no Maori who is ready and willing to accept a lease or sublease of the land and is a fit and proper person to become the tenant thereof.
(3)
Nothing in this section shall apply to any disposition by will in favour of the widow, widower, or child of the lessee or in favour of a Maori, or to any disposition by operation of law.
360 Application of rents received.
1936, No. 53, s. 35
The net rent received under any lease granted under this Part of this Act in respect of Maori freehold land or of European land owned by Maoris shall, after the making of any proper deductions, be applied by the Maori Trustee, acting by direction of the Board, as follows:
(a)
In payment of all rates, taxes, and other assessments and outgoings payable by the owners in respect of the land:
(b)
In the discharge, to such extent as the Board from time to time thinks fit, of any mortgage, charge, encumbrance, or liability to which the land is subject:
(c)
In payment of any commission payable to the Maori Trustee:
(d)
In payment of the residue to the Maori owners or other persons having any estate or interest in the land in accordance with their respective interests.
361 Apportionment of rent where land under separate titles.
Ibid., s. 34
Where any Maori freehold land or European land owned by Maoris is held under separate titles, the rent received in respect thereof shall be apportioned to the separate areas in such proportions as may be fixed by the lease in that behalf, and where the proportions are not fixed by the lease shall be apportioned in such manner as the Board deems equitable.
362 Application of rents received in respect of Crown land.
The rent received in respect of any Crown land that is subject to this Part of this Act shall be paid by the Maori Trustee into such fund or account within the Public Account as the Minister of Finance may from time to time determine.
Security for Moneys Expended or Advanced by Board
363 Moneys expended by Board to be charged on land.
Ibid., s. 18
(1)
All moneys expended by the Board in respect of any area of Maori freehold land or of European land owned by Maoris that is subject to this Part of this Act shall be a charge on that land.
(2)
If any land that is subject to a charge imposed in accordance with this section is comprised in two or more separate titles the charge shall be apportioned to the lands comprised in the several titles in such amounts as the Board may determine.
(3)
On the application of the Board, and on production of a certificate given on behalf of the Board that any land specified in the certificate is subject to a charge imposed by this section, the Court shall make a charging order evidencing the amount of the charge and the land that is subject thereto.
364 Court may impose charges for betterment.
1936, No. 53, s. 19
(1)
Where the Board is of opinion that, by reason of the application in respect of any land that is subject to this Part of this Act of any moneys expended or advanced by the Board, any other land (whether or not it is subject to this Part of this Act) is being or has been increased in value, the Board may apply to the Court to ascertain what part (if any) of the moneys so expended or advanced should equitably be charged on that other land or on any interest therein in respect of the betterment thereof, and the Court, in its discretion, may make an order charging that other land or any part thereof or any interest therein with such amount, in respect of the moneys expended or advanced by the Board, as may be fixed by the Court, not exceeding in any case the amount, as fixed by the Court, of the increase of value:
Provided that no such charge shall be made against any land or interest in land owned by a person who is not a Maori unless he has consented to contribute to the cost of any work in respect of which the Board has incurred any expenditure or made any advances as aforesaid.
(2)
On the making of a charging order under this section the amount of the charge shall become due and payable and shall be recoverable as a debt due to the Crown by the owner of the land or interest that is subject to the charge.
365 Charges to include interest.
All charges on land imposed by or pursuant to this Part of this Act in respect of moneys expended by the Board shall include interest thereon at such rate as the Minister of Finance may from time to time determine.
366 Variation and registration of charges.
Ibid., s. 20
(1)
Subject to any regulations made for the purposes of this Part of this Act, the Court may at any time, on the application of the Board but not otherwise, vary or revoke any order made under section three hundred and sixty-three or three hundred and sixty-four hereof.
1952, No. 52
(2)
Any charge imposed in respect of any land by or pursuant to either of the said sections may be registered under the Land Transfer Act 1952 or the Deeds Registration Act 1908, as the case may require.
(3)
A certificate given on behalf of the Board that the amount secured by any such charge has been paid or otherwise satisfied in whole or in part shall be accepted as sufficient evidence of the satisfaction or discharge and may be registered in the same manner as the charge.
367 Enforcement of charges.
1936, No. 53, s. 21
(1)
Any such charge in respect of which a charging order has been made may, on application by the Board, be enforced by the Court either—
(a)
By the appointment of a receiver in respect of the land or interest in land; or
(b)
By the making of an order vesting in Her Majesty either the whole or such part of the land or interest in land as will, in the opinion of the Court, be sufficient to satisfy the charge.
(2)
Upon the making of an order under paragraph (b) of subsection one hereof the land or interest in land affected by the order shall be deemed to be vested in Her Majesty, subject to any estate or interest having priority to the charge, and the charge shall be deemed to be extinguished.
(3)
Any land that is so vested in Her Majesty may be proclaimed Crown land in the same manner as if it were land acquired by the Crown pursuant to Part XXI hereof and may be administered and dealt with accordingly. In every such case a sum equivalent to the value of the land as determined by the Land Settlement Board shall be transferred from the Land Settlement Account to such other appropriate account as the Minister of Finance shall determine.
Advances to Lessees
368 Advances to lessees.
Ibid., s. 17
(1)
The Board may from time to time advance moneys to the lessee of any land that is subject to this Part of this Act for all or any of the following purposes:
(a)
For the purchase of livestock, seeds, manures, fencing materials, tools, implements, machinery, and other equipment or any other materials or things that in the opinion of the Board may be required by the lessee for the purpose of effectively carrying on his farming operations or developing or improving the land:
(b)
For the discharge of any liabilities of the lessee incurred in respect of the land and for the payment of any moneys for the time being payable in respect of the land, whether as rates, taxes, rent, moneys secured by any mortgage or charge, insurance premiums, or otherwise howsoever:
(c)
For the farming, developing, improvement, maintenance, and current working expenses of the land:
(d)
For the purchase by the lessee of the improvements or of any of the improvements subsisting on the land at the commencement of his lease:
(e)
For any other purpose that the Board may approve.
(2)
Any moneys advanced under this section may in the discretion of the Board be paid to the lessee or be applied by the Board on behalf of the lessee for any of the aforesaid purposes.
(3)
The power to make advances under this section shall be deemed to include power to make readvances on current account for all or any of the aforesaid purposes.
(4)
The fact that the account with the Board of any lessee may from time to time be in credit shall not be deemed to affect any charge, mortgage, assignment, order, or other security imposed by or given under this Part of this Act.
369 Security to be given by lessee in respect of expenditure of Board or of advances.
1936, No. 53, s. 22
(1)
In addition to the security by way of charge imposed by or pursuant to the foregoing provisions of this Part of this Act, the Board may require the lessee of any land that is subject to this Part to give, in respect of any moneys advanced to him or in respect of any moneys expended by the Board (whether before or after the grant of the lease), such mortgages, assignments, orders, or other securities as the Board thinks fit over his interest in the land or over the stock, chattels, machinery, and implements from time to time on the land, or over the produce of the land or stock, or the moneys derived from farming operations or otherwise in respect of the land, or over any other real or personal property of the lessee.
(2)
Subject to any regulations made for the purposes of this Part of this Act, any mortgage, assignment, order, or other security given under this section may be taken in the name of Her Majesty or in the name of any person or persons on behalf of the Board and shall be in such form and shall contain such terms and provisions as the Board thinks fit.
(3)
Subject to regulations as aforesaid, any mortgage, assignment, order, or other security under this section may, whether or not the moneys secured thereby have been repaid, be at any time wholly or partly discharged or cancelled by direction of the Board, but not otherwise.
(4)
The remedies of the Board against a lessee, by virtue of any security given under this section, shall be exhausted before the Board proceeds to enforce any charge on the land imposed by the foregoing provisions of this Part in respect of the liabilities of the lessee.
Special Powers of the Board
370 Board may acquire land or rights over land.
1936, No. 53, s. 6 1939, No. 28, s. 6
(1)
For any of the purposes of this Part of this Act the Board may purchase or otherwise acquire on behalf of the Crown any land or interest in land or the right to cut and remove trees or timber or to take any other substance from any land.
(2)
The Board may sell, lease, or otherwise dispose of any land, interest, or right acquired under this section, and may from time to time sell or otherwise dispose of any trees, timber, or other substance cut, removed, or taken pursuant to any right so acquired.
(3)
Where any land or interest in land has been acquired by the Board pursuant to this section the estate or interest in the land so acquired shall not merge or be deemed to have merged in any other interest possessed by Her Majesty in that land, notwithstanding anything to the contrary in any other Act or in any rule of law, but shall enure as a separate estate or interest.
(4)
On production of a certificate given by or on behalf of the Board that any land or interest in land has been acquired by the Board pursuant to this section, the District Land Registrar shall endorse on the certificate of title or other relevant instrument of title a memorial that the land has been acquired pursuant to this Part of this Act, and may, on production of a further certificate, cancel the memorial as to the whole or any part of that land or interest.
371 Board may grant or acquire easements.
(1)
The Board may at any time grant over any land that is subject to this Part of this Act, or may acquire for the benefit of any such land, any rights of way, water rights, or other easements, in all respects as if it were the owner of the land.
(2)
Where any land over which an easement is granted pursuant to this section is held under lease granted by the Board the lessee shall be entitled to compensation or to a reduction of rent in respect of any reduction in the value of his lease by reason of the grant of the easement.
372 Board may engage advisers for Maori farmers.
1936, No. 53, s. 10
(1)
The Board may from time to time employ any person as an adviser to give advice and instruction to Maoris who are engaged in the development, improvement, or farming of any land that is subject to this Part of this Act. Any such adviser may be required by the Board to make recommendations for the more efficient and economic development, improvement, farming, or settlement of any such land.
(2)
There may be paid to advisers employed under this section (not being officers of the Public Service) such remuneration and such travelling and other allowances and expenses as the Board may approve.
373 Right to cut timber, etc.
Ibid., s. 11
(1)
For the purposes of this Part of this Act the Board may from time to time cut and remove trees or timber or take any other substance from any land that is subject to this Part of this Act.
(2)
The Board may, in any such case, allow to the owners of the land such royalty or other consideration as may be agreed upon by the Board and the owners, or, in default of agreement, as may be fixed by the Board. Where the royalty or other consideration is fixed by the Board it shall be fixed at a rate not less than the standard rate (if any) in the same locality, and if no such rate is ascertainable it shall be fixed at a rate that the Board considers fair and equitable in the circumstances. The amount of the royalty or other consideration so allowed may, at the option of the Board, be paid to the owners or be applied in or towards the satisfaction of any moneys owing by them to the Crown, whether or not any such moneys are charged under this Part of this Act on any land or interest in land.
(3)
Any timber or other substances obtained by the Board pursuant to this section may be used for the purposes of any land that is subject to this Part of this Act, and any such timber or other substances that are not so required may be sold or otherwise disposed of by the Board as it thinks fit.
374 Power to pay rates, taxes, and other moneys.
1936, No. 53, s. 12
(1)
The Board may from time to time pay in whole or in part any moneys for the time being payable in respect of any land that is subject to this Part of this Act, whether as rates, taxes, rent, moneys secured by any mortgage or charge, insurance premiums, or otherwise howsoever, and whether or not the Crown is liable for the payment thereof.
(2)
The fact that any land is declared to be subject to this Part of this Act or that any moneys are paid or any powers are exercised in respect of any such land by the Board shall not be deemed to impose any liability on or to affect the liability (if any) of the Crown or any other person for any rates or other moneys payable in respect of the land.
(3)
All moneys paid by the Board under this section shall constitute a charge on the land or interest in respect of which they are so paid.
(4)
On the application of the Board, and on production of a certificate given on behalf of the Board that any land or interest in land specified in the certificate is subject to a charge imposed by this section, the Court shall make a charging order evidencing the amount of the charge and the land or interest that is subject thereto.
(5)
On the making of any such order the amount of the charge, with interest thereon, shall be due and payable as a debt due to the Crown by the owner of the land or interest that is subject to the charge.
375 Share-milking contracts, etc.
Ibid., s. 13
(1)
The Board may from time to time make such contracts as it thinks fit with respect to the carrying out of milking, cropping, farming, or other operations on any land that is subject to this Part of this Act, for such remuneration, whether by way of a share of the proceeds or otherwise, as the Board thinks fit.
(2)
Any contract made under this section may be at any time determined by the Board if the person with whom it is made commits any breach of the provisions thereof, and in such other circumstances as may be provided in the contract.
376 Use of land for industries other than farming.
1936, No. 53, s. 14
Where in the opinion of the Board it would be advisable to use any land that is subject to this Part of this Act for any industry other than farming, whether the industry affects anything on the surface of the land or below the surface, the Board may from time to time make such contracts as it thinks fit with any person for the purpose of promoting, establishing, or carrying on that industry.
377 Surveys.
Ibid., s. 15
(1)
The Board may from time to time authorize such surveys as it considers necessary or expedient of any land that is subject to this Part of this Act. Nothing in Part XXVI hereof shall apply with respect to surveys under this section.
(2)
Surveys under this section shall be carried out, in accordance with the directions of the Board, by registered surveyors (whether or not they are officers of the Public Service).
378 Power to pay revenue from land to owners.
Ibid., s. 39
(1)
Any moneys received by the Board in respect of any Maori freehold land or of European land owned by Maoris as the result of farming operations or otherwise in accordance with this Part of this Act may, if the Board thinks fit, be paid to any person owning any interest in the land instead of being applied in reduction of any moneys charged or secured on the land, notwithstanding that the annual receipts in respect of the land may be less than the annual expenditure in respect thereof.
(2)
Where the Board is satisfied after inquiry that it is desired by a majority in value of any Maoris to whom any moneys are payable under this section that the moneys or any part thereof should be applied for any purpose approved by the Board, the Board may, in its discretion, apply the moneys or part thereof accordingly.
Miscellaneous
379 Payment in respect of benefit to Crown land that is not subject to this Part.
1936, No. 53, s. 7(4)
(1)
Where any Crown land that is not subject to this Part of this Act has been improved or increased in value by reason of any operations or expenditure of money in respect of any land that is subject to this Part of this Act, there may, in accordance with the directions of the Minister of Finance, be transferred from the Land Settlement Account to any other appropriate account such amount or amounts as the Minister of Finance may from time to time determine in respect of the benefit accrued to the Crown land.
(2)
Any money so transferred shall be applied as far as it will extend in satisfaction of the moneys (if any) charged on the land in respect of which the operations were undertaken or the expenditure was made.
380 Development of land under Land Act 1948.
Ibid., s. 8 1948, No. 64
(1)
Where under the powers in that behalf contained in Part III of the Land Act 1948 any Crown lands or other lands are being developed or improved, it shall be lawful for the Land Settlement Board, with the consent of the Board of Maori Affairs, to extend the operations to include the development and improvement of any land that is subject to this Part of this Act, and for that purpose to expend out of the Land Settlement Account such amounts as the Land Settlement Board or the Minister of Lands may think expedient.
(2)
All moneys expended under this section in respect of land that is subject to this Part of this Act shall be a charge upon the land in respect of which the expenditure is incurred, and shall bear interest at such rate as the Minister of Finance from time to time determines.
(3)
The foregoing provisions of this Part of this Act as to charges on land in respect of expenditure incurred by the Board shall, with the necessary modifications, apply with respect to moneys expended under this section.
(4)
There shall from time to time, as the Minister of Finance may determine, be paid into the Land Settlement Account out of moneys available for the purposes of this Part of this Act such sums as may be required to reimburse that Account for moneys expended pursuant to this section, with interest thereon at a rate to be fixed by the said Minister.
381 Validity of contracts made by Board.
1936, No. 53, s. 37
All contracts and decisions made by the Board in respect of any land that is subject to this Part of this Act shall be as effective as if the land were vested in Her Majesty.
382 Accounting provisions.
Ibid., s. 38 1944, No. 97, s. 6 1948, No. 64
(1)
All moneys expended or advanced by the Board pursuant to or for the purposes of this Part of this Act shall be paid out of moneys appropriated by Parliament for the purposes of this Part from the Land Settlement Account established under the Land Act 1948.
(2)
All moneys received by the Board under this Part of this Act shall, unless the Minister of Finance otherwise directs, be paid into the Land Settlement Account.
(3)
Except as provided in subsection two hereof, moneys received by the Board under this Part of this Act shall be paid into such fund or account as the Minister of Finance may determine.
383 Accounts to be kept by Board.
(1)
The Board, by direction or with the approval of the Minister of Finance, shall keep all such departmental or internal accounts as may be necessary for the proper administration of this Part of this Act.
(2)
Where any area of land for the time being subject to this Part of this Act is administered by the Board as a single undertaking it shall not be necessary to keep separate accounts in respect of the several parcels of land within that area, though they may be owned by different owners or may consist partly of Crown land, or European land, or Maori land, but in any such case there shall be one account kept in respect of the whole undertaking.
(3)
Nothing in subsection two hereof shall render unnecessary the keeping of personal accounts in respect of the several nominated occupiers or lessees or such other accounts as the Minister of Finance directs.
(4)
Interest on the credit balance of any account may, with the approval of the Minister of Finance, be credited to that account in such manner and at such rate as that Minister may from time to time determine: Provided that the rate of interest shall not exceed the rate for the time being fixed in respect of moneys deposited in the Post Office Savings Bank.
(5)
Any authority or direction given by the Minister of Finance for the purposes of this section may be given either generally or with respect to any particular account or class of accounts.
384 Special provisions as to Crown lands and to lands purchased by Board.
(1)
The following provisions of this section shall apply with respect to all Crown lands that are for the time being subject to this Part, and to all lands acquired by the Board on behalf of the Crown pursuant to section three hundred and seventy hereof.
(2)
All lands to which this section applies shall be and continue to be Crown lands while they remain subject to this Part, unless they have been sold by the Board pursuant to any authority conferred on it by this Part.
(3)
No land to which this section applies shall be or be deemed to be held in trust for the owners of any other land, notwithstanding that the accounts in respect thereof may form part of any other account kept for the purposes of this Part.
385 Interference and obstruction prohibited.
1936, No. 53, s. 42
(1)
Every person shall be liable upon summary conviction to a fine not exceeding fifty pounds, or to imprisonment for a term not exceeding three months, who—
(a)
Trespasses on any land that is subject to this Part of this Act (whether such land has been leased or not), and neglects or refuses to leave the land after having been warned that he is a trespasser and directed to leave the land by any person authorized in that behalf by the Board; or
(b)
Wilfully obstructs or interferes with any officer, servant, or workman employed or engaged by the Board, in the course of his duties, or obstructs or interferes with any nominated occupier or lessee in the exercise of his rights as such occupier or lessee, or otherwise obstructs or interferes with any work done or being done for the purposes of this Part of this Act.
(2)
An owner shall not by virtue of his ownership have any right of entry on land that is subject to this Part, and in any proceedings for an offence against this section in respect of any land, the fact that the defendant has an interest in the land shall not be a defence.
(3)
In any such proceedings a certificate under the hand of a Registrar of the Court to the effect that any land is subject to this Part of this Act shall, in the absence of proof to the contrary, be conclusive evidence thereof.
(4)
No proceedings shall be commenced under this section except with the consent of the Board.
Part XXV Utilization of Unproductive Maori Lands
386 Interpretation.
1950, No. 98, s. 32
In this Part of this Act the expression “farm lease”
has the same meaning as in Part XX hereof.
387 Court may appoint Maori Trustee as agent to dispose of unproductive land.
Ibid., s. 34
(1)
Where, with respect to any Maori freehold land or European land owned by Maoris, the Court is satisfied—
(a)
That the land is unoccupied; or
1950, No. 62
(b)
That the land is not being kept properly cleared of weeds which in the locality in which the land is situated are noxious weeds within the meaning of the Noxious Weeds Act 1950; or
(c)
That any rates payable in respect of the land, or any moneys recoverable in the manner in which rates are recoverable, have not been paid, and that the amount of the said rates or moneys has been charged upon the land; or
(d)
That the owners of the land have neglected to farm or otherwise manage the land with due diligence and that in consequence of their neglect the land is not being used to proper advantage,—
it may on application by the local authority of the district or by any person interested make an order in respect of that land or a defined portion thereof appointing the Maori Trustee to be the agent of the owners for the purposes of this Part of this Act.
(2)
On the making of an order granting a charge under Part II of the Rating Act 1925 for rates or other moneys due in respect of any Maori freehold land, the Court, if application in that behalf has theretofore been duly made by the local authority or other persons or authority entitled to the charge, may make an order in respect of that land or a defined portion thereof appointing the Maori Trustee to be the agent of the owners for the purposes of this Part of this Act.
(3)
On the hearing of any application for the appointment of a receiver for the purpose of enforcing any charge granted under Part II of the Rating Act 1925 for rates or other moneys due in respect of Maori freehold land, or on the hearing of an application under section four hundred and forty-eight hereof for the appointment of a receiver in respect of any European land owned by Maoris, the Court may, instead of appointing a receiver, make an order in respect of that land or a defined portion thereof appointing the Maori Trustee to be the agent of the owners for the purposes of this Part of this Act.
(4)
No order appointing the Maori Trustee to be the agent of the owners for the purposes of this Part shall be made by the Court unless it is shown to the satisfaction of the Court that the land is, by ordinary and reasonable standards, capable of being used with advantage for agricultural or pastoral or horticultural purposes or for the production of food products or for dairy farming or the keeping of pigs, bees, or poultry, or for a combination of any two or more of such purposes.
(5)
On his appointment pursuant to this section as agent of the owners of any land and so long as that appointment remains in force the Maori Trustee shall, subject to the provisions of this Part of this Act, have power to alienate the said land or any part thereof or any interest therein in such manner as he thinks fit, and to execute in his own name an instrument of alienation in respect of the said land or interest:
Provided that the Maori Trustee shall not sell or lease any such land to any person other than a Maori or a descendant of a Maori if a suitable offer to purchase the land or to take a lease of the land is made by a Maori or by a descendant of a Maori. The decision of the Maori Trustee that any such offer is or is not suitable shall be final.
388 Court may cancel orders.
1950, No. 98, s. 35
The Court may, by order, cancel any order made by it under section three hundred and eighty-seven hereof, but the cancellation of any such order shall not invalidate or affect any alienation theretofore made by the Maori Trustee for the purposes of this Part of this Act.
389 Orders to be approved by Minister.
1950, No. 98, s. 36
(1)
No order made by the Court for the appointment of the Maori Trustee as agent of the owners in accordance with the foregoing provisions of this Part of this Act shall have any force or effect unless and until it has been approved by the Minister.
(2)
An appeal from any order made under the foregoing provisions may be heard and determined by the Appellate Court notwithstanding that the decision of the Minister with respect to the order appealed from may not have been given. If the decision of the Appellate Court is to the effect that the Maori Trustee be appointed the agent of the owners, that decision shall be subject to the approval of the Minister.
390 Agency not revocable by owners.
Ibid., s. 37
It shall not be competent for any owner to revoke the agency created by an order made under the foregoing provisions of this Part of this Act, nor shall the death of the owner terminate or in any way affect any such agency.
391 Effect of instruments of alienation.
Ibid., s. 38
(1)
Every instrument of alienation executed by the Maori Trustee for the purposes of this Part of this Act shall, without confirmation under Part XIX hereof, have the same force and effect, and may be registered in like manner, as if it had been duly confirmed after execution by the owners of the land affected or by their trustees, and as if those owners or trustees had been fully competent to execute the same. The production of any certificate of title issued in respect of the land affected by the instrument of alienation shall not be necessary for the registration of that instrument.
(2)
Every instrument of alienation so executed by the Maori Trustee shall contain a statement or recital that he is duly authorized to execute the same as the agent of the owners under this Part of this Act, and every such statement or recital shall be accepted by the District Land Registrar and by all Courts as sufficient prima facie evidence of the facts so stated or recited.
392 Restriction on sale by Maori Trustee of land suitable for occupation under farm lease.
Ibid., s. 39
Where any land in respect of which the Maori Trustee has been appointed the agent of the owners in accordance with this Part of this Act is, in his opinion, of sufficient area and is otherwise suitable for occupation under a farm lease, he shall not sell the same unless he has made all reasonable efforts to dispose of it by way of farm lease or other lease and has been unable so to dispose of the land on reasonable terms to a suitable lessee.
393 Sales or leases to be by public tender.
1950, No. 98, s. 40
(1)
Every sale or lease or other alienation of land under this Part of this Act shall, subject to the provisions of this Part, be by way of public tender on such terms and conditions as the Maori Trustee thinks fit.
(2)
Where the Maori Trustee has offered any land for sale or lease by public tender and no acceptable tender is received, the Maori Trustee may sell or lease the land by private contract.
394 Upset rent.
Ibid., s. 41 1951, No. 19
(1)
Where the Maori Trustee intends to dispose of any land by lease in accordance with this Part of this Act he shall request the Valuer-General to make a special valuation of the land under the Valuation of Land Act 1951.
(2)
On receipt of such special valuation the Maori Trustee shall, subject to the provisions of section three hundred and ninety-five hereof, fix an upset annual rent of the land equal to five per cent of the unimproved value of the land as disclosed by the special valuation aforesaid, and he shall, as in his discretion he thinks fit, either call for applications by owners in accordance with section three hundred and ninety-six hereof or offer the land for lease by public tender at the upset rent so fixed.
395 Lessee may be required to pay value of improvements.
1950, No. 98, s. 42
Where the special valuation aforesaid discloses that there are improvements on the land in respect of which the valuation is made, the Maori Trustee may require the lessee to pay the value of those improvements, within such time and in such manner as the Maori Trustee may determine, or he may fix the annual upset rent at an amount equal to five per cent of the capital value of the land.
396 Maori Trustee may invite applications from owners.
Ibid., s. 43
(1)
Where any land subject to this Part of this Act is owned at law or in equity by two or more owners, the Maori Trustee may, by notice given in such manner as appears to him to be appropriate, call for applications by the owners for a lease of the land at the upset rent fixed in accordance with section three hundred and ninety-four or three hundred and ninety-five hereof, as the case may require.
(2)
The notice so given by the Maori Trustee shall specify the time and place for the making of applications, but the time within which applications may be made shall be not less than twenty-one days nor more than six weeks after the date of the notice.
397 Maori Trustee may reject application.
1950, No. 98, s. 44
The Maori Trustee may, for any reason that he thinks sufficient, refuse to accept the application of any owner for a lease of land under this Part of this Act.
398 Simultaneous applications.
Ibid., s. 45
Where application is made by more than one owner within the specified time, all such applications shall be deemed, for the purposes of this Part of this Act, to be simultaneous.
399 Allotment of lease where simultaneous applications received.
Ibid., s. 46
(1)
In any case where there are simultaneous applications by owners for a lease of land under this Part of this Act the Maori Trustee shall determine which (if any) of the applicants is the most suitable and shall grant a lease to that applicant.
(2)
Where in the opinion of the Maori Trustee there are two or more applicants equally suitable to be granted a lease of the land, the successful applicant shall be decided by ballot.
400 Approval of applications and payment of deposit.
Ibid., ss. 47, 48
(1)
Where applications from owners have been called for the lease of any land under this Part of this Act, the Maori Trustee shall, as soon as possible after the expiry of the period fixed for making applications, notify each applicant of the result of his application.
(2)
The successful applicant shall, within such time as the Maori Trustee in each case prescribes in that behalf, pay to the Maori Trustee an amount equal to one half of the yearly rent payable under the lease, together with the amount (if any) which he is then required to pay for improvements in accordance with the provisions of section three hundred and ninety-five hereof.
(3)
If the successful applicant does not pay the required amount within the time limited in that behalf, his application shall lapse and his right to be granted a lease of the land shall be deemed to be forfeited. In any such case the lease shall be offered in turn to the several applicants in the order in which their names were drawn in the ballot until it is duly allotted to one of the applicants after compliance with the prescribed conditions.
(4)
If a lease is not granted to any of the applicants, by reason of the surrender or forfeiture of their rights, the Maori Trustee shall proceed as soon as practicable to offer a lease of the land by public tender.
401 Farm leases to be subject to Part XX.
1950, No. 98, s. 49
Except as otherwise provided herein, every farm lease granted by the Maori Trustee under this Part of this Act shall be subject to the provisions as to farm leases contained in Part XX hereof.
402 Disposition of rent paid to Maori Trustee under this Part of this Act.
Ibid., s. 50
(1)
The rent payable under any lease granted by the Maori Trustee under this Part of this Act shall be payable to the Maori Trustee as the agent of the owners.
1953, No. 95
(2)
Where any such lease contains provision for the payment of compensation for improvements effected by the lessee, the Maori Trustee, after deducting from the rent all moneys properly deductible, including his commission, shall distribute half of the residue to the owners or other persons for the time being entitled thereto, and shall invest the balance, together with any moneys paid to him for improvements, in the Common Fund of the Maori Trustee’s Account there to accumulate with interest thereon at the rate from time to time determined by the Governor-General in Council pursuant to the Maori Trustee Act 1953.
(3)
The moneys so invested, with the interest thereon, shall be used by the Maori Trustee for the purpose of paying compensation for improvements effected by the lessee, and the provisions of section two hundred and forty-eight hereof, as far as they are applicable and with any necessary modifications, shall apply in any such case.
403 Term of farm leases under this Part.
1950, No. 98, s. 51
(1)
Every farm lease under this Part of this Act that provides for payment to the lessee of compensation for improvements shall be for a term of twenty-one years. Every such lease shall contain a provision that if the Maori Trustee does not, at least twelve months before the expiry of the lease, give notice to the lessee that he intends to resume possession of the land on the expiration of the lease the lessee shall, subject to the provisions of subsection two hereof, have the right to a renewal of the lease for a further term of twenty-one years.
(2)
Every lease granted in renewal of a farm lease to which this section applies shall be subject to the condition that the Maori Trustee shall have the right to resume possession of the land comprised therein, on the expiration of the seventh year or of the fourteenth year of the term of the lease, on giving to the lessee not less than twelve months’ notice in writing of his intention so to do and on payment to the lessee of the amount of the compensation to which he is then entitled.
(3)
Before coming to a decision as to whether or not the land comprised in any lease should be resumed on the expiration of the original lease, or at any time during the currency of a lease issued in renewal thereof, the Maori Trustee shall take adequate steps to ascertain the wishes of the owners as to whether or not possession of the land should be resumed but he shall not in any such case be bound to observe the wishes of the owners.
404 Maori Trustee in exercise of powers to avoid undue aggregation of farm land.
(1)
In the exercise of his powers under this Part the Maori Trustee shall not alienate any land, by sale or lease, if in his opinion the alienation would result in an undue aggregation of farm land.
1952, No. 34
(2)
In determining, for the purposes of this section, whether or not an alienation would result in an undue aggregation of farm land the Maori Trustee shall have regard to the several matters that a Land Valuation Committee is, by Part II of the Land Settlement Promotion Act 1952, required to consider in relation to applications made to the Land Valuation Court for its consent to transactions to which the said Part is applicable.
Part XXVI Surveys of Maori Land
405 Surveys of Maori land.
Except in the case of land vested in the Maori Trustee or as otherwise provided in this Act, no survey of Maori land shall be made for any purpose whatsoever, except with the authority of the Chief Surveyor of the district in which the land is situated.
406 Surveys required for completion of orders of Court.
1931, No. 31, s. 492 1932, No. 25, s. 8
(1)
Where the Court or the Appellate Court is of opinion that a survey of any Maori land is necessary or expedient for the completion of any order of the Court or for the exercise of any powers or jurisdiction of the Court in relation to that land, the Court or any Judge thereof may transmit to the Chief Surveyor of the district in which the land is situated a requisition for such a survey, together with such particulars as to the nature or purpose of the survey as may be necessary.
(2)
In any such requisition the Court or Judge may nominate a duly authorized surveyor to make the required survey.
(3)
On receipt of any such requisition it shall be the duty of the Chief Surveyor forthwith to take all proper steps to procure a survey of the land in accordance with the tenor of the requisition.
(4)
If a surveyor is not nominated by the Court or Judge, the Chief Surveyor shall appoint or authorize any surveyor whom he thinks fit to make the required survey.
(5)
Notwithstanding anything in the foregoing provisions of this section, the Chief Surveyor shall not appoint or authorize any surveyor to make any survey as aforesaid unless he is satisfied that the cost of the proposed survey has been paid or has been sufficiently secured.
407 Offence to obstruct survey.
1931, No. 31, s. 501
(1)
The Surveyor-General or the Chief Surveyor of the district in which any Maori land is situated, or the Maori Trustee in respect of land vested in him, may give to any surveyor or other person whom he thinks fit written authority to carry out a survey upon any such land. Any such authority may in like manner be at any time cancelled or revoked.
(2)
Any surveyor or other person for the time being authorized as aforesaid may without further leave or licence enter upon the land to which the authority relates, together with such assistants and other persons and with such vehicles or equipment as he thinks fit to employ or use in that behalf, and may there do all things necessary to be done to enable him to carry out any survey so authorized.
(3)
Any person who wilfully obstructs or interferes with or threatens or attempts to obstruct any surveyor or other person authorized under this section, or any assistant of that surveyor or other person, in the execution of his duty or in the exercise of his rights in or about the making of any survey so authorized commits an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months.
408 Court may make charging orders on land in respect of costs of survey.
1931, No. 31, s. 496 1932, No. 25, s. 8
(1)
The Court, on application by any person acting on behalf of the Crown, may at any time make an order charging the land in respect of which any survey has been made under this Part of this Act with the costs incurred in respect of that survey.
(2)
Any charge under subsection one hereof may be imposed on the land as a whole or may be apportioned between different portions thereof, as the Court thinks fit, having regard to the relative values of those portions and to the relative benefits derived from the survey.
(3)
On or after any partition, exchange, alienation, or other disposition of the land so charged, the Court may in like manner make a further order varying any former order and apportioning the charge in such manner as it thinks just, and any such subsequent order shall supersede all earlier charging orders so far as inconsistent therewith.
(4)
Every charging order under this section shall constitute a charge upon the land or upon the several parcels thereof according to its tenor, and may be registered against the title to the land under the Land Transfer Act 1952.
(5)
When any charge under this section has been apportioned as hereinbefore provided, each portion thereof shall be deemed to constitute a separate charge.
409 Survey charges to bear interest.
1931, No. 31, s. 500
(1)
Except as provided in section four hundred and eleven hereof, the amount of any charge under this Part of this Act shall bear simple interest at the rate of five per cent per annum, computed from the date of the completion of the survey.
(2)
A certificate under the hand of the Chief Surveyor shall be accepted as conclusive evidence of the said date.
410 Minister of Lands may remit survey charges.
Ibid., s. 503
(1)
The Minister of Lands may at any time, if he thinks fit, direct the remission and discharge, in whole or in part, of any charge imposed in favour of the Crown, whether before or after the commencement of this Act, in respect of the survey of any Maori land.
(2)
A certificate under the hand of the Chief Surveyor of the district wherein the land affected is situated to the effect that the Minister of Lands has directed the remission or discharge of any moneys under this section shall for all purposes be accepted as sufficient evidence that the amount specified therein has been duly remitted or discharged and any such certificate shall have the effect of a discharge to the extent therein mentioned and may be registered accordingly. A certificate hereunder may include any group or class of charging orders.
411 Contribution from owners in respect of surveys.
(1)
Where after the commencement of this Act a survey required for the particular purposes of any area of land (whether Crown land, European land, or Maori land) has involved the survey of any Maori freehold land, the Court, on application by or on behalf of the owner for the time being of the first mentioned area, may make a charging order against the said Maori freehold land, or any part thereof, if in its opinion it is just and equitable in the circumstances of the case that the applicant should be reimbursed to the extent specified in the charging order for the costs incurred in respect of the survey.
(2)
No interest shall be payable on any charging order made under this section.
Former Surveys
412 Existing survey charges in favour of Crown.
1931, No. 31, s. 505
(1)
Every mortgage, charge, lien, or other encumbrance, whether legal or equitable, in respect of the survey of any Maori land that has been heretofore imposed or created in favour of the Crown by or pursuant to any Act repealed by this Act or any former Act relating to Maori land and that is in existence and enforceable at the commencement of this Act shall continue to exist and be enforceable according to its tenor.
1952, No. 52
(2)
Every equitable charge existing as aforesaid may be converted into a legal charge of the same kind by an order of the Court made on the application of any person acting on behalf of the Crown and registered under the Land Transfer Act 1952.
413 Existing survey charges in favour of private persons.
(1)
Every mortgage, charge, lien, or other encumbrance in favour of any person, other than the Crown, that has been imposed or created before the commencement of this Act in respect of the survey of any Maori land may, if it has been registered against the title to that land, be enforceable according to its tenor at any time within twelve months after the commencement of this Act.
(2)
Every such mortgage, charge, lien, or other encumbrance that is not so registered is hereby declared to be null and void.
(3)
On application in that behalf made by or on behalf of the registered proprietor or by the Maori Trustee or by a Registrar of the Court at any time after the expiration of twelve months from the commencement of this Act, and on payment of a fee of ten shillings, the District Land Registrar shall make an entry in the register and on the outstanding instrument of title to the effect that any such registered mortgage, charge, lien or other encumbrance as aforesaid has been discharged, and thereupon it shall be deemed to be discharged accordingly.
Part XXVII Roads and Streets
General Provisions as to Roadways Laid Out by the Court
414 Definition of term “roadway”
For the purposes of this Part of this Act the term “roadway”
as used with reference to roadways laid out by order of the Court before the commencement of this Act shall be deemed to include any land that is in fact used or is authorized to be used as a roadway, whether the same was described in the order by which it was constituted as a road, or roadway, or roadline, or right of way, or by any other name or description.
415 Court may lay out roadways in accordance with this Part.
(1)
For the purpose of providing access to any land (whether Maori land, European land, or Crown land), the Court may, by order, lay out roadways in accordance with the provisions of this Part of this Act. An order may be made as aforesaid for the purpose of providing additional or improved access to any land in respect of which rights of access may exist at the time of the making of the order.
(2)
Any order made for the purposes of this Part of this Act may be a separate order or may be incorporated in a partition order or other appropriate order of the Court.
1953, No. 91
(3)
In the exercise of its jurisdiction under this Part of this Act, the Court shall have regard to the requirements of any district scheme approved in accordance with the Town and Country Planning Act 1953, and operative in the district in which is situated the land over which the Court proposes to lay out any roadway.
416 Effect of laying out roadway.
(1)
Subject to the provisions of subsection two hereof, the laying out of a roadway over any land shall confer on all persons the same rights of user as if it were a public road.
(2)
In any order laying out a roadway or in any subsequent order the Court may define or limit the persons or classes of persons entitled to use the same and may define or restrict their rights of user in such manner and to such extent as it thinks fit.
(3)
In any order laying out a roadway or in any variation of that order the Court may impose conditions as to the formation or fencing of the roadway or as to any other matter that it thinks fit, and may suspend or limit the right to use the roadway until those conditions have been complied with.
(4)
The laying out of a roadway over any land shall not affect the ownership of the land comprised therein, or its description as Maori land, or Crown land, or European land (as the case may be).
(5)
Where any land situated within a borough is laid out as a roadway pursuant to this Part of this Act it shall be deemed to be a private way if the rights of user, as defined by the Court, are in any way restricted, and, if the rights of user are not so restricted, it shall be deemed to be a private street.
1933, No. 30
(6)
Notwithstanding anything to the contrary in this Part of this Act, no private street or private way shall be laid out within a borough otherwise than in accordance with the provisions of sections one hundred and eighty-three and one hundred and eighty-four of the Municipal Corporations Act 1933.
(7)
The provisions of subsections five and six hereof shall, with the necessary modifications, apply with respect to roadways laid out by the Court over land situated within a town district.
417 Compensation in respect of roadway.
1931, No. 31, s. 481
(1)
On laying out a roadway over any land pursuant to this Part of this Act the Court may, by order, declare that no compensation shall be payable to any person in respect thereof.
(2)
Except as provided in subsection one hereof the Court may, on the making of an order laying out a roadway, determine that compensation in respect thereof shall, subject to such conditions, if any, as may be imposed by the Court, be payable in accordance with the order of the Court:
Provided that no person shall be entitled to compensation in respect of any roadway if the Court is satisfied that he has consented to the laying out of that roadway and has agreed that he shall not be entitled to any compensation in respect thereof.
(3)
An order for the payment of compensation shall determine the amount of compensation to be paid, the person or persons by whom the same shall be payable, and the person or persons to whom or for whose benefit the same shall be paid.
(4)
On the variation or cancellation pursuant to section four hundred and twenty-three hereof or any other authority of any order in its relation to a roadway, the Court may make such incidental provisions in relation to compensation or any other matters as it deems equitable between the owners of the land comprised in the roadway and any other persons.
(5)
Any compensation payable pursuant to an order of the Court under this section may, in whole or in part, be charged by the Court on any land for the benefit of which the roadway has been laid out.
418 Roadways providing access to Maori land.
Ibid., ss. 479, 482, 483 1947, No. 59, s. 17
(1)
For the purpose of providing access to any Maori freehold land as aforesaid, roadways may, without the consent of any person being required, be laid out—
(a)
Over any other Maori land; or
(b)
Over any European land that ceased to be Maori land on or after the fifteenth day of December, nineteen hundred and thirteen (being the date of the commencement of the Maori Land Amendment Act 1913).
(2)
For the purpose of providing access to any Maori freehold land as aforesaid, roadways may, subject to consents being given as hereinafter specified, be laid out—
(a)
Over any European land that ceased to be Maori land prior to the fifteenth day of December, nineteen hundred and thirteen, with the consent in writing of the owner and of every other person having any estate or interest therein; or
(b)
Over any Crown land, with the consent in writing of the Commissioner of Crown Lands for the district in which the land is situated and of every person having any estate or interest in the said land.
419 Roadways providing access to European land.
1931, No. 31, ss. 482, 483
(1)
For the purpose of providing access to any European land that ceased to be Maori land on or after the fifteenth day of December, nineteen hundred and thirteen, roadways may be laid out over any Maori freehold land without the consent of any person being required.
(2)
For the purpose of providing access to any European land that ceased to be Maori land prior to the fifteenth day of December, nineteen hundred and thirteen, roadways may be laid out over any Maori freehold land if the Court is satisfied that the value of the interests of the owners who consent thereto exceeds the value of the interests of the owners (if any) who do not consent.
420 Roadways providing access to Crown land.
For the purpose of providing access to any Crown land, roadways may be laid out over any Maori freehold land without the consent of any person being required.
421 Roadways may be declared roads or streets.
Ibid., ss. 486, 487
(1)
The Governor-General may by Proclamation made in accordance with this section declare that the land comprised in any roadway laid out by the Court under this Part of this Act or under any former Act shall be a road or street.
(2)
No roadway shall be declared a road or street pursuant to this section except in accordance with a recommendation made by the Court to the Minister of Works. In making a recommendation for the purposes of this section the Court shall describe the roadway with sufficient particularity to enable the boundaries thereof to be accurately determined.
(3)
No roadway shall be declared a road or street pursuant to this section without the consent in writing of—
(a)
The Main Highways Board and the local authority in whose district the land is situated in the case of a main highway or a proposed main highway outside a borough; or
(b)
The Borough Council in the case of a street or proposed street within a borough; or
(c)
The County Council in the case of a county road or proposed county road outside a town district; or
(d)
The Town Board in the case of a road or street or proposed road or street within a town district.
(4)
On the date of the publication in the Gazette of a Proclamation issued under subsection one of this section, or on such later date as may be specified in that Proclamation as the date when it shall have effect, all land to which the Proclamation relates shall vest in the Crown in the case of a road, or in the Corporation of the borough in which it is situated in the case of a street, as a road or street, as the case may be, but otherwise free from all reservations, restrictions, trusts, rights, titles, estates, or interests of any kind whatsoever.
(5)
The provisions of section twenty-eight of the Public Works Act 1928, other than those of subsection four thereof, shall, as far as applicable and with any necessary modifications, apply to any Proclamation issued under this section.
422 Land that has been used but not set apart as a road may be declared a road or street.
1931, No. 31, s. 484
(1)
Where the Court is satisfied that any Maori freehold land has in fact been used as a roadway though it may not have been declared to be a roadway, it may make a recommendation to the Minister of Works that the land so used be declared to be a road or street.
(2)
Any such recommendation may be made subject to the condition that compensation by the Crown, or by a local authority, or by any person interested be paid to or on behalf of any person or persons having an estate or interest in the land.
(3)
On compliance with the conditions (if any) imposed by the Court, the land to which the recommendation relates may be declared to be a road or street in accordance with the provisions of section four hundred and twenty-one hereof as if it were a roadway laid out by the Court.
423 Court may cancel roadways.
1931, No. 31, s. 488 1940, No. 25, s. 5
(1)
Where any roadway that has been laid off by the Court, whether before or after the commencement of this Act, has not been declared to be a road or street, the Court may, on application, vary or cancel that order in so far as it relates to the roadway.
(2)
Where application for the variation or cancellation of an order pursuant to this section is made by any person other than the Chief Surveyor of the district in which is situated the land over which the roadway has been laid off, notice of the variation or cancellation of the order shall be given to him by the Registrar.
424 Powers of Court on cancellation of roadway.
(1)
Where, pursuant to section four hundred and twenty-three hereof, the Court cancels an order for the laying out of any roadway for which a separate instrument of title exists, the Court may cancel that instrument of title and may amend any other instrument of title so as to include therein the whole or any part of the land comprised in the roadway, and the land so included in any instrument of title shall thereupon vest in the owner or owners as if it had been originally included therein, and shall become subject to any reservations, trusts, rights, titles, interests, or encumbrances to which the land comprised in that instrument of title is then subject.
(2)
Where the land comprised in any roadway as aforesaid is not included in a separate instrument of title, the owners shall thereafter hold the same freed from its reservation as a roadway.
(3)
The foregoing provisions of this section as to the cancellation of orders shall, as far as applicable and with any necessary modifications, apply to the variation pursuant to section four hundred and twenty-three hereof of an order of the Court as to roadways.
(4)
Any order made by the Court under this section shall, upon production, be registered by the District Land Registrar or the Registrar of Deeds, as the case may be, and the District Land Registrar is hereby authorized to make such amendments in any instrument of title as may be necessary to give effect to any order under this section.
425 Unused road or street over Maori land may be stopped by Court.
1931, No. 31, s. 489
(1)
This section applies to roads or streets that have heretofore been or that may hereafter be constituted over any Maori freehold land, irrespective of the terms or descriptions used or the procedure adopted when they were constituted as roads or streets.
(2)
With the consent in writing of the Minister of Works and of—
(a)
The Main Highways Board and the local authority in whose district the land is situated in the case of a main highway outside a borough; or
(b)
The Borough Council in the case of a street within a borough; or
(c)
The County Council in the case of a county road outside a town district; or
(d)
The Town Board in the case of a road or street within a town district,—
the Court may make an order closing the road or street or any defined portion thereof, and every such order shall have effect according to its tenor.
(3)
By the same or a subsequent order the Court, subject to such terms and conditions as it thinks proper with respect to payment or as to any other matter, may vest the land comprised in the road or street or portion thereof so closed in such person or persons as it may determine or may amend any existing title to any Maori land so as to include therein the whole or any part of the road or street or portion thereof that has been closed as aforesaid. The land so included in any instrument of title shall thereupon vest in the owner or owners as if it had been originally included therein, and shall become subject to any reservations, trusts, rights, titles, interests, or encumbrances to which the land comprised in that instrument of title is then subject.
(4)
Any order made under this section shall, upon production, be registered by the District Land Registrar or the Registrar of Deeds, as the case may be, and where necessary the District Land Registrar shall amend any certificate of title so as to conform to the amendments made by the Court under this section in any existing instrument of title.
426 Court may make vesting orders for lands comprised in roads or streets stopped otherwise than under foregoing provisions.
1931, No. 31, s. 490
(1)
Where any road or street or portion thereof has heretofore been or is hereafter closed pursuant to any authority other than this Act or an Act repealed by this Act, the Court may, on the application of the Minister of Works, make a vesting order vesting the whole or any portion of the land comprised in the road or street or portion thereof that has been closed as aforesaid in the owner for the time being of any adjoining land which, when the road or street was constituted, was Maori freehold land or European land owned by Maoris. Any land vested pursuant to this section shall become subject to any reservations, trusts, rights, titles, interests, or encumbrances to which the land with which it is incorporated is then subject.
(2)
The provisions of subsection one hereof shall extend to apply in any case where the road or street was laid out over Crown land, and the land adjoining the road or street or portion thereof that has been closed as aforesaid is Maori freehold land or European land owned by Maoris.
(3)
By the same or a subsequent order the Court may amend any existing title to include therein the land comprised in the road or street or portion thereof that has been closed as aforesaid, and the District Land Registrar is hereby authorized to make all necessary entries or amendments in any certificate of title or register.
(4)
Unless the Court otherwise orders, any land that is vested in a Maori pursuant to this section shall thereupon become Maori freehold land.
427 Alienation of land to include alienation of interest in roadway giving access to that land.
1952, No. 52
(1)
Where any roadway which is comprised in a separate instrument of title has, whether before or after the commencement of this Act, been laid out by the Court over any Maori freehold land, the transfer by sale or otherwise of any land to which the roadway gives access shall, unless the instrument of alienation expressly provides to the contrary, be and be deemed to have been a transfer by the alienor to the alienee of his interests (if any) in the roadway. If any such instrument of title is registered under the Land Transfer Act 1952, the alienee may apply for registration under that Act of any interest to which he has become entitled under this section, and the District Land Registrar may register the same accordingly.
(2)
In any case to which subsection one hereof does not apply, the alienee of any land to which any roadway gives access (whether or not a separate title exists in respect of the roadway) shall have the same rights of access and be subject to the same obligations as were enjoyed by or imposed on the alienor in respect of the roadway prior to the transfer.
428 Special provisions enabling Maori Trustee to advance money required for formation of roads to provide access to residential sites.
(1)
Where a roadway has heretofore been or is hereafter laid out by the Court over any Maori land, European land, or Crown land to provide access to any Maori land or to European land owned by Maoris, but a road has not been constructed or the construction of a road has not been completed, the Court may give to the Maori Trustee a certificate for the purposes of this section if it is of opinion that the construction or completion of a road would facilitate the use of the land or of a considerable area thereof for residential purposes.
(2)
The Court shall not give a certificate under this section in any case unless it is satisfied:
(a)
That the owners of the land could not without hardship provide the money required to construct or to complete the construction of the road;
(b)
That the road when formed will provide access to land suitable for use and intended to be used as sites for dwellings for occupation by Maoris or the descendants of Maoris;
(c)
That at least twelve such sites will be available; and
(d)
That the cost of forming the road would not be disproportionate to the benefit that would accrue therefrom.
(3)
A certificate given for the purposes of this section shall define the type and standard of the road to be constructed, being a type and standard acceptable in the circumstances to the local authority of the district in which the land is situated.
(4)
On the issue of a certificate under this section or at any time thereafter the Court may fix the proportions in which the cost of and incidental to the construction of the road shall be borne by the several owners or the several groups of owners of the lands to which the road, when completed, will give access.
(5)
On receipt by the Maori Trustee of a certificate under this section, he may, if he thinks fit, expend out of the General Purposes Fund of the Maori Trustee’s Account such moneys as may be required in or towards the cost of construction or completing the construction of the road in respect of which the certificate was given.
(6)
All moneys expended by the Maori Trustee under this section shall be a charge on the land served by the road, apportioned among the several owners in accordance with the proportions fixed by the Court pursuant to subsection four hereof.
(7)
The issue of a certificate under this section shall not impose on the Maori Trustee an obligation to undertake the construction of any road but shall be sufficient authority for him, his workmen, servants, or agents, to enter upon any such land and to do therein all things necessary in the construction of the road.
Special Provisions Affecting Public Works Act and Municipal Corporations Act
429 Section 125 of Public Works Act 1928 modified in its application to Maori land.
(1)
For the purposes of and notwithstanding anything to the contrary in section one hundred and twenty-five of the Public Works Act 1928 the term “sale”
shall not include any lease of Maori freehold land nor any disposition of Maori freehold land that is effected by means of an order of the Court.
1948, No. 39
(2)
When the owner of any Maori freehold land has, to the satisfaction of the local authority, complied with the conditions prescribed by subsection five of the said section one hundred and twenty-five (as set out in section twenty-four of the Public Works Amendment Act 1948), the Court, on receipt of a certificate under the seal of the corporation to the effect that those conditions have been complied with to its satisfaction, may make an order vesting in Her Majesty or in the corporation of the local authority concerned, as the case may be, the land required to be dedicated, and declaring the same to be dedicated as a public road or street accordingly.
(3)
No vesting order shall be made under this section in respect of any land that is subject to any lease, licence, mortgage, charge, or other encumbrance. Where any land proposed to be dedicated under this section is subject to any lease, licence, mortgage, or other encumbrance as aforesaid, the Court, with the consent of the person entitled to the benefit of the encumbrance, may release the land therefrom, and the vesting order shall vest the land free from all such encumbrances.
430 Section 128 of Public Works Act 1928 modified in its application to Maori land.
(1)
For the purposes of and notwithstanding anything to the contrary in section one hundred and twenty-eight of the Public Works Act 1928, the term “sale”
shall not include any lease of Maori freehold land nor any disposition of Maori freehold land that is effected by means of an order of the Court.
(2)
For the purposes of the said section a partition of Maori freehold land shall be deemed to be a subdivision of that land into allotments for the purposes of sale, and the provisions of that section shall, subject to the provisions of this section, apply with respect to every such partition.
(3)
On application for a partition order in respect of any land to which the said section one hundred and twenty-eight applies, the Court may make an order vesting in Her Majesty or in the corporation of the local authority concerned, as the case may be, the strip of land required to be dedicated for the widening of the road or street and declaring the same to be dedicated as a public road or street accordingly.
(4)
No vesting order shall be made under this section in respect of any land that is subject to any lease, licence, mortgage, charge, or other encumbrance. Where any land proposed to be dedicated under this section is subject to any lease, licence, mortgage, or other encumbrance as aforesaid, the Court, with the consent of the person entitled to the benefit of the encumbrance, may release the land therefrom, and the vesting order shall vest the land free from all such encumbrances.
(5)
A vesting order made for the purposes of this section shall have no force or effect until the local authority having control of the road or street has, under the seal of the corporation, accepted the dedication.
(6)
When any land is dedicated as aforesaid the Court shall, in partitioning the residue of the land, make such adjustments as in the circumstances it deems equitable as between the several owners.
(7)
Any compensation payable pursuant to subsection five of the said section one hundred and twenty-eight in respect of any land dedicated as aforesaid shall be assessed by the Maori Land Court and not by the Compensation Court. Any compensation so assessed may be apportioned by the Court in such manner as it thinks just among the owners or other persons having any estate or interest in the land, or may be applied by the Court, in whole or in part, for the discharge of any mortgage, charge, or other encumbrance affecting that land.
(8)
All costs incurred in respect of survey charges involved in the dedication of any land pursuant to this section shall be borne by the several owners of the residue of the land to be partitioned in accordance with their several shares, and if not paid or if security to the satisfaction of the Court is not given for the payment thereof shall be a charge on that land.
431 Registration of vesting orders.
On the completion of a vesting order made by the Court for the purposes of section four hundred and twenty-nine or four hundred and thirty hereof, the Registrar of the Court shall forward the same to the District Land Registrar, together with a certified copy of the acceptance by the local authority of the dedication of the land to which the vesting order relates, and the District Land Registrar shall thereupon register the same.
432 Partition of Maori land in boroughs to comply with provisions of Municipal Corporations Act 1933 as to subdivisions.
1933, No. 30
(1)
For the purposes of section three hundred and thirty-two of the Municipal Corporations Act 1933 a partition of Maori freehold land shall be deemed to be a subdivision of that land, and, subject to the provisions of this section, the provisions of the said section three hundred and thirty-two shall apply with respect to the partition of any such land situated within a borough.
(2)
No partition order in respect of any Maori freehold land situated within a borough shall be made otherwise than in accordance with a plan approved by the Council pursuant to subsection three of the said section three hundred and thirty-two.
1953, No. 69
(3)
On the approval of a plan as aforesaid the Court may make an order vesting in the corporation of the borough the land which, in accordance with the plan, is required for the construction of streets or the making of reserves, and declaring, as the case may require, that the said land is dedicated for the construction of streets, or is set apart as reserves for the purposes indicated on the plan and subject to the provisions of the Reserves and Domains Act 1953.
(4)
No vesting order shall be made under this section in respect of any land that is subject to any lease, licence, mortgage, charge, or other encumbrance. Where any land proposed to be dedicated or set apart under this section is subject to any lease, licence, mortgage, or other encumbrance as aforesaid the Court, with the consent of the person entitled to the benefit of the encumbrance, may release the land therefrom and the vesting order shall vest the land free from all such encumbrances.
(5)
A vesting order made for the purposes of this section shall have no force or effect until the Council has, under the seal of the corporation, accepted the dedication and has certified in its acceptance that the conditions prescribed by the aforesaid section three hundred and thirty-two have been complied with to the satisfaction of the local authority.
(6)
When any land is dedicated or set apart as aforesaid the Court shall, in partitioning the residue of the land, make such adjustments as in the circumstances it deems equitable as between the several owners.
1933, No. 30
(7)
No consents in terms of subsection eight of section three hundred and thirty-two of the Municipal Corporations Act 1933 shall be required in respect of any partition to which this section applies.
(8)
On the completion of a vesting order made by the Court for the purposes of this section, the Registrar of the Court shall forward the same to the District Land Registrar, together with a certified copy of the acceptance by the Council of the dedication or setting apart of the land to which the vesting order relates, and the District Land Registrar shall thereupon register the same.
(9)
The foregoing provisions of this section shall, as far as applicable and with any necessary modifications, apply with respect to Maori freehold land situated within a town district.
Part XXVIII Special Powers of the Court
433 Maori land held by one owner may be declared European land.
1931, No. 31, s. 257
If any Maori freehold land is beneficially owned in severalty by a Maori for a legal estate in fee simple the Appellate Court may, if it thinks fit, on the application of that Maori, make an order that the land shall cease to be Maori land, and thereupon it shall cease to be Maori land and shall for all purposes be deemed to be European land.
434 European land owned by Maoris may be declared Maori land.
If, in respect of any European land that is beneficially owned in common by Maoris, with or without any other owners, the Court is of opinion that, by reason of the number of owners or for any other reason the land cannot be conveniently dealt with as European land, it may make a recommendation that the land be declared to be Maori land, and thereupon the Governor-General may, by Order in Council, declare that land to be Maori land, and the land shall thereupon cease to be European land and shall for all purposes be deemed to be Maori freehold land:
Provided that any European land declared to be Maori land pursuant to this section shall remain liable for the debts or other liabilities of the owners, or any of them, incurred before the date on which the Order in Council took effect, to the same extent and in the same manner as if it had continued to be European land.
435 Court may amalgamate titles of adjoining lands.
(1)
Where the Court is satisfied that any continuous area of Maori freehold land comprising two or more areas held under separate titles could be more conveniently or economically worked or dealt with if it were held in common ownership under one title, the Court may make an order cancelling the several titles under which the land is held and substituting therefor one title to the whole of the land.
(2)
An area of land shall be deemed to be continuous for the purposes of this section notwithstanding that it is intersected by any road, street, river, stream, or railway.
(3)
Any order made under this section shall set out the relative interests of the several owners of the land, calculated by reference to the relative values of the interests to which they were entitled under the cancelled titles.
(4)
Every order made under this section shall constitute without any transfer or other instrument of assurance, the title to the land included therein.
(5)
The provisions of section one hundred and seventy-eight hereof relating to the registration of partition orders shall, with such modifications as the circumstances may require, apply to the registration of orders made under this section.
1952, No. 52
(6)
No order shall be made under this section in respect of any land that is subject to any lease, licence, mortgage, charge, or other encumbrance, without the consent of the lessee, licensee, mortgagee, or other person entitled to the benefit of the encumbrance. In any such case the Court may make such order as it thinks proper for the apportionment or adjustment of the rights and obligations of any person under any such lease, licence, mortgage, or other encumbrance, and every order of apportionment or adjustment shall have effect according to its tenor in the same manner in all respects as if all necessary transfers, releases, covenants, and other dispositions or agreements had been duly made in that behalf by all persons concerned, and may be registered under the Land Transfer Act 1952 accordingly.
436 Land acquired from Maoris for public work may be revested in Maoris.
1943, No. 24, s. 7
(1)
Where any Maori land or any European land owned by Maoris has been at any time acquired by the Crown or by any local authority or public body for the purposes of a public work or other public purpose, and is no longer required for any public purpose, the Minister of Works or other Minister or authority under whose control the land is held or administered may apply to the Court to vest the land in accordance with the provisions of this section. In any application made for the purposes of this section the Minister or other applicant may nominate the person or persons in whom the land shall be vested, and may stipulate the price to be paid for the land, the terms and conditions of payment, and any other conditions subject to which a vesting order under this section may be made, or may leave all or any of such matters to be dealt with in the discretion of the Court.
(2)
An application may be made to the Court and the Court may exercise its jurisdiction under this section notwithstanding the provisions of any Act to which the land is subject and notwithstanding any terms and conditions imposed by any Act on the sale or other disposition of the land.
(3)
On application being made under this section the Court may make one or more orders, subject to such terms and conditions as may have been specified in the application or subject to any other terms and conditions not inconsistent with any terms and conditions so specified as it may think fit to impose, vesting the land or any parts thereof, freed from any trusts and restrictions subject to which the land may previously have been held, in such person or persons as may be nominated by the applicant or, if no such nomination has been made, in such person or persons as may be found by the Court to be justly entitled thereto, for an estate of freehold in fee simple and, if more than one, as tenants in common in the relative shares or interests defined by the Court.
(4)
Instead of making a vesting order under this section or in addition to any such order the Court if it thinks it necessary or convenient so to do, may amend any existing instrument of title so as to include therein the land or any part of the land to which the application relates, and the land so included shall thereupon become subject to all reservations, trusts, rights, titles, interests, and encumbrances affecting the other land comprised in that instrument of title.
(5)
Any land vested in a Maori pursuant to this section shall thereupon be deemed to become Maori freehold land, unless the Court otherwise expressly orders.
(6)
The District Land Registrar is hereby authorized to make all such alterations and amendments in the register and to issue such new certificates of title as may be necessary to give effect to any order made by the Court under this section.
437 Court to determine beneficiaries of Crown land reserved for Maoris.
1931, No. 31, s. 527 1943, No. 24, s. 9
(1)
Where any Crown land has heretofore been or is hereafter set aside or reserved for the use or benefit of Maoris, the Court, on the application of the Minister of Lands, shall proceed to determine the persons who are beneficially entitled to the land, and their relative interests therein, and, subject to the provisions of subsection four hereof, shall thereupon make an order or orders vesting the land in the persons found by it to be entitled thereto.
(2)
Every order made under this section shall have the effect of vesting the land therein referred to in the persons therein named for a legal estate in fee simple as if the land had been then granted to those persons by the Crown.
(3)
Where two or more persons are named in any order as entitled to any land, they shall hold the same as tenants in common in the shares expressed in the order.
(4)
Notwithstanding anything in the foregoing provisions of this section, the Court may, if it thinks fit, vest any land in a trustee or in trustees, to be held in trust, in accordance with the terms of the order, for the benefit of any Maoris or of any group or class of Maoris specified in the order.
(5)
For the purposes of this section the term “Maoris”
includes the descendants of Maoris.
(6)
The District Land Registrar shall endorse on any certificate of title issued to trustees appointed under this section a memorial to the effect that the land has been vested in the trustees pursuant to this section.
438 Court may vest land in trustees for benefit of Maoris.
1943, No. 24, s. 8 1951, No. 75, s. 6
(1)
The Court may, on application made to it in that behalf or of its own motion during the course of any proceedings before it, make an order under this section vesting any customary land or Maori freehold land or land owned by Maoris in any trustee or trustees, to be held upon and subject to such trusts as the Court may declare for the benefit of Maoris or the descendants of Maoris or for any specified class or group of Maoris or their descendants.
(2)
The Maori Trustee or any other person or persons, whether incorporated or not, may be appointed as trustee or trustees under this section.
(3)
A vesting order shall not be made under this section if it appears to the Court that there is on the part of the beneficial owners, or any of them, a meritorious objection to the making of the order.
(4)
No vesting order under this section shall have any force or effect unless and until it has been approved by the Minister.
(5)
An appeal from an order under this section may be heard and determined by the Appellate Court notwithstanding that the decision of the Minister with respect to that order has not been given. If the decision of the Appellate Court is to the effect that the land or any part of the land affected be vested in trustees under this section, that decision shall be subject to the approval of the Minister.
(6)
On the approval by the Minister of a vesting order under this section, the order shall take effect according to its tenor and the land affected thereby shall vest in the trustee or trustees without any conveyance, transfer, or other instrument of assurance, subject to any lease, licence, mortgage, charge, or other encumbrance to which the land is subject at the date of the making of the order.
(7)
Any order under this section may confer on the trustees such powers as the Court deems necessary for the proper administration of the trust property.
(8)
The Court may from time to time, with the approval of the Minister, vary any order made under this section, and may, with the like approval, cancel any such order and dissolve any such trusts.
(9)
Subject to the terms of the order, any trustee or trustees appointed under this section shall have the same powers of alienating the land or any part of the land comprised in the trust as if the land were Maori freehold land not subject to a trust, and as if the trustees were the beneficial owners thereof.
(10)
Every such alienation by sale or otherwise of any Maori land comprised in a trust under this section shall, unless the land is vested in the Maori Trustee, require confirmation by the Court in the same manner as if it were an alienation of Maori land by a Maori owning the land in severalty.
(11)
The provisions of section two hundred and twenty-two of this Act shall extend and apply to the execution by a Maori of any instrument of alienation executed by him as a trustee under this section.
1952, No. 52
(12)
When a vesting order is made under this section in respect of any customary land, the land included in the order shall, on the making of the order, become subject to the Land Transfer Act 1952, and thereupon the provisions of section one hundred and sixty-four and section one hundred and sixty-five of this Act shall apply as if the vesting order were a freehold order made under Part XIV of this Act.
(13)
On the dissolution by the Court of any trust under this section or on the withdrawal from the trust of any land comprised therein, the Court, by the same or a subsequent order, shall vest the land in the person or persons beneficially entitled thereto, and, if there are two or more beneficial owners, shall declare their several shares or interests in the land.
439 Maori reservations for communal purposes.
1937, No. 34, s. 5 1941, No. 22, s. 5
(1)
The Governor-General may, by Order in Council issued on the recommendation of the Court, set apart any Maori freehold land or any European land owned by Maoris as a Maori reservation for the purposes of a village site, meeting place, recreation ground, sports ground, bathing place, church site, building site, burial ground, landing place, fishing ground, spring, well, catchment area or other source of water supply, timber reserve, or place of historical or scenic interest, or for any other specified purpose whatsoever.
(2)
The Governor-General may, by Order in Council issued on the recommendation of the Court, declare any other Maori freehold land or European land owned by Maoris to be included in any Maori reservation, and thereupon the land shall form part of that reservation accordingly.
(3)
Every Maori reservation under this section shall be held for the common use or benefit of the owners or of Maoris of the class or classes specified in the Order in Council. For the purposes of this subsection the term “Maoris”
includes persons who are descendants of Maoris.
(4)
Land may be so set apart as or included in a Maori reservation although it is vested in an incorporated body of owners or in the Maori Trustee or in any other trustees and notwithstanding any provisions of this Act as to the disposition or administration of that land.
(5)
On the recommendation of the Court, any Order in Council made under this section may be at any time in like manner varied or revoked.
(6)
No Order in Council under this section shall affect any lease or licence, but no land shall be set apart as a Maori reservation while it is subject to any mortgage or charge.
(7)
The Court may, by order, vest any Maori reservation in any body corporate or in any two or more persons in trust to hold and administer it for the benefit of the persons or class of persons for whose benefit the reservation is constituted, and may from time to time, as and when it thinks fit, appoint a new trustee or new trustees or additional trustees.
(8)
Where by reason of the revocation or variation of any Order in Council under this section any land ceases to be a Maori reservation or part of a Maori reservation, the land shall vest, as of its former estate, in the persons in whom it was vested immediately before it was constituted as or included in the Maori reservation, or in their successors. In any such case the Court may make an order vesting the land or any interest therein in the person or persons found by it to be entitled thereto.
(9)
The land comprised within a Maori reservation shall, while the reservation subsists, be inalienable, whether to the Crown or to any other person:
Provided that the trustees in whom any Maori reservation is vested may, with the consent of the Court, grant a lease or occupation licence of the reservation or of any part thereof for any term not exceeding seven years, upon and subject to such terms and conditions as the Court thinks fit. The revenue derived from any such lease or occupation licence shall be expended by the trustees as the Court directs.
(10)
The Governor-General may from time to time, by Order in Council, make all such regulations as in his opinion may be necessary or expedient for giving full effect to the provisions of this section. Any such regulations may apply to any specified Maori reservation or to any specified class of Maori reservations, or to Maori reservations generally.
(11)
All Maori reservations set apart under any Act repealed by this Act or the corresponding provisions of any former Act and subsisting at the commencement of this Act shall be deemed to be Maori reservations made under this section.
440 Dwelling sites for Maoris.
1941, No. 22, s. 7 1944, No. 17, s. 8 1950, No. 98, s. 3
(1)
On application by any Maori or by any descendant of a Maori being the owner of any estate or interest in any land, the Court may vest the whole or any part of that estate or interest in any Maori or any descendant of a Maori in order to provide him with a site for a dwelling.
(2)
An order may be made under this section vesting any land or interest in land as aforesaid in a husband and wife as tenants in common in equal shares, if the parties or either of the parties to the marriage is a Maori or the descendant of a Maori.
(3)
Where the Court has made an order under this section or under the corresponding provisions of any former Act and within five years after the date of the order or after the commencement of this Act, whichever is the later, it is shown to the satisfaction of the Court that the land has not been used as a site for a dwelling, the Court may, with the consent of any mortgagee or other encumbrancer, make an order cancelling the vesting order unless it is shown to the satisfaction of the Court that the failure to use the land as a site for a dwelling was due to circumstances over which the person in whom the land was vested had no control, or that for any other reason he should not be deprived of his title to the land:
1952, No. 52
Provided that this subsection shall not apply to any vesting order that has been registered under the Land Transfer Act 1952.
(4)
On the cancellation of any vesting order as aforesaid the Court may, if it thinks fit, make an order vesting the estate or interest in the former owner, or in any other person whom the Court deems to be justly entitled thereto.
441 Jurisdiction of Court under Fencing Act 1908.
1931, No. 31, s. 27(4)
(1)
Notwithstanding anything to the contrary in the Fencing Act 1908, the Court shall have exclusive jurisdiction to hear and determine as between Maoris all claims, disputes, and questions arising under that Act.
(2)
In addition to the exclusive jurisdiction conferred on the Court by subsection one hereof, it shall have jurisdiction concurrent with that of any other Court of competent jurisdiction, to hear and determine any claim, dispute, or question arising under that Act in respect of any Maori freehold land or of any European land owned by Maoris.
(3)
In the exercise of its jurisdiction under this section, the Court may make an order for the payment of any sum in respect of any claim, dispute, or question as aforesaid, and by the same or a subsequent order may direct by whom and to whom respectively any such sum shall be paid.
(4)
Any sum made payable by any such order, or any specified amount, being part thereof, may be made a charge on the land or on any specified interest therein. Any such order may also charge the land, during the continuance of the order or for a limited period, with interest on the amount for the time being owing under the charge at such rate not exceeding five per cent per annum as the Court may determine.
(5)
In the exercise of its jurisdiction under this section, the Court, in its discretion, may order payment to be made in respect of the erection or repair of any fence, notwithstanding that any notice required by the Fencing Act 1908 to be given or served has not been so given or served.
442 Tramways over Maori lands.
1931. No. 31, s. 532
(1)
Any person owning timber or the right to cut timber on any land from which the timber cannot be conveniently removed to any railway, road, mine, or sawmill, otherwise than over Maori land or European land owned by Maoris, may apply to the Court for an order authorizing any person named therein in that behalf to construct, maintain, and use a road or tramway over any such land for the removal of the timber, and the Court may make an order accordingly.
(2)
The Court may, subject to the payment by the applicant of the cost of survey, make a requisition to the Chief Surveyor of the district for a survey of the proposed route of the road or tramway.
(3)
The order shall set forth the route to be followed by any such road or tramway, a description of the land to be used sufficient to identify the same, the conditions under which the road or tramway may be constructed and used, and the period for which the right to use the road or tramway shall last. Any such order may be renewed from time to time.
(4)
Every such order shall, according to its tenor, be sufficient authority for the person in whose favour the order is made to enter on the land for purposes relating to the construction, use, and maintenance of the road or tramway upon the terms and conditions and for the period specified in the order.
(5)
The Court shall assess and determine the rent or compensation (including, if necessary, the cost of fencing and a reasonable allowance for the cost of distribution of any amount awarded) to be paid in respect of any right granted by an order made under this section, and may make such order or orders in relation thereto as it thinks fit. Every order made for the purposes of this subsection shall state by whom and to whom the amount awarded shall be payable. The rent or compensation may be directed to be paid to the Maori Trustee for distribution to the persons entitled to receive the same.
(6)
The Court may require any person applying for an order under this section to deposit with the Maori Trustee such sum as it shall think sufficient to satisfy any claim for rent or compensation as aforesaid, or may require any such person to give security for the payment of the rent or compensation.
(7)
If any person to whom a right to construct or use a road or tramway is granted under this section fails to observe or perform any of the conditions of the authorizing order, or to pay the rent or compensation assessed by the Court, the Court may cancel the authorizing order, and thereupon the rights granted thereby shall cease and determine.
(8)
Subject to the terms of the order, it shall be lawful for the person authorized to construct or use a road or tramway in accordance with this section, or for any other person authorized by him in that behalf, to enter upon the land to which the order refers at any time during the currency of the order or within two months after it has ceased to operate for the purpose of removing therefrom any structures and materials placed by him upon the land in the exercise of the rights conferred upon him by the order, doing as little damage as possible to the soil:
Provided that on the cancellation of an order or where, for any reason which the Court thinks sufficient, any such structures or materials have not been removed within the time limited, the Court may grant the right to remove any such structures or materials upon such terms as it shall deem just.
1952, No. 52
(9)
Every order under this section may be registered under the Land Transfer Act 1952 or the Deeds Registration Act 1908, as the case may require.
(10)
The jurisdiction of the Court under this section shall extend to the making of an order for the use and maintenance of any existing road or tramway, whether constructed or laid down with or without authority.
Ibid., p. 723
(11)
Section two hundred and nine of the Public Works Act 1928 shall not apply with respect to any Maori land or to European land owned by Maoris.
443 Court may appoint new trustees.
1931, No. 31, s. 29
(1)
Where any real or personal property is held in trust for any Maori or Maoris (whether exclusively or in conjunction with Europeans) the Court may, if in its opinion it is expedient so to do, by order under this section appoint a new trustee or new trustees either in substitution for or in addition to any existing trustee, and whether or not there is a trustee in office at the time of the making of the order.
(2)
Any person so appointed shall have the same rights and powers as he would have had if appointed by a decree of the Supreme Court in an action duly instituted, and the trust property shall vest in the trustees for the time being without any conveyance, transfer, assignment, or assurance.
(3)
The powers conferred by this section shall not be exercised in any case where the trust property is vested in the Public Trustee or the Maori Trustee or in a trustee appointed by statute.
444 Termination of trust.
Ibid., s. 30
(1)
Where the Court is satisfied that any Maori freehold land or European land owned by Maoris which is vested in a trustee or trustees should, by reason of the fulfilment of the trust, be vested in the persons beneficially entitled thereto, it may by order vest that land accordingly.
(2)
Where any such land is vested in two or more beneficiaries as tenants in common the Court shall in the vesting order determine the several shares or interests of the beneficiaries.
445 Court may issue declaratory consolidated order in substitution for orders creating title to Maori land.
1952, No. 52
(1)
Where any instrument of title issued with respect to any Maori freehold land, whether or not such instrument has been registered under the Land Transfer Act 1952, does not, by reason of changes of ownership effected or evidenced by subsequent orders of the Court, fully disclose the names of the several persons for the time being entitled to any estate or interest in that land and the several shares and interests to which they are so entitled, the Court may, in accordance with the provisions of this section, make an order (hereinafter in this section referred to as a consolidated order) declaring as at the date of the order the names of the persons who, by virtue of the instrument of title or the subsequent orders aforesaid, are then entitled to any estate or interest in the land and the several shares and interests to which they are so entitled.
(2)
An order under this section may be made by the Court on the application of the Registrar.
(3)
Notice of every consolidated order proposed to be made by the Court pursuant to this section shall be given in such manner as the Court may direct, and a draft of the proposed consolidated order shall be open for public inspection in the office of the Court, without payment of any fee, for such period, being not less than three months in any case, as the Court may direct.
(4)
Where a beneficial owner named in the original instrument of title or in any subsequent order has died, whether before or after the commencement of this Act and in respect of his beneficial interest a succession order has been made under any former Act or a vesting order has been made under section one hundred and thirty-six of this Act, vesting the interest of the deceased owner in a trustee pursuant to the will of the deceased, the trustee shall be deemed to be the beneficial owner of that interest for the purposes of the consolidated order, and the existence of the trust shall be disclosed in the order by reference to the will of the deceased owner.
(5)
The District Land Registrar, on the application of the Registrar of the Court, shall register the consolidated order against the title to the land affected thereby, and any such registration shall have effect to vest the land in the persons named in the order, for the estate and in the relative shares and interests defined in the order, subject to any existing lease, licence, mortgage, charge, or other encumbrance, and subject to any disposition effected otherwise than by an Order of the Court.
(6)
A consolidated order shall not be registered under subsection five hereof in any case where the legal estate in the land is vested in the Maori Trustee or is vested by statute in any other trustee.
(7)
Where a consolidated order has been registered in accordance with the foregoing provisions of this section the Court may at any time, on the request in writing of the District Land Registrar, issue a certificate, under the seal of the Court, as to the identity and extent of any interest referred to in the order that is subject to any existing lease, licence, mortgage, charge, or other encumbrance, or is subject to any disposition that was effected, otherwise than by an order of the Court, before the date of the consolidated order, and any such certificate shall, unless and until amended or revoked by the Court, be conclusive evidence as to the facts certified to therein.
(8)
In the course of preparing a consolidated order under this section the Court may recommend that any interest comprised therein, being an uneconomic interest as defined in subsection two of section one hundred and eighty-one hereof, be acquired by the Maori Trustee at a price to be fixed by the Court and to be paid out of the Conversion Fund established under Part XIII hereof. Every recommendation so made by the Court shall be attached to the draft of the consolidated order filed in the Court pursuant to subsection three hereof.
(9)
On the making of a consolidated order the Registrar shall give to the Maori Trustee notice in writing of any final recommendation made by the Court for the acquisition by the Maori Trustee of any uneconomic interests, and the Maori Trustee may, within twenty-eight days after receipt of any such notice, file in the Court his consent to the acquisition of the interest in terms of the recommendation or his objection to the acquisition.
(10)
On the filing of consent under subsection nine hereof, or if no objection is filed within the time prescribed in that behalf in the said subsection, the Court shall make an order vesting in the Maori Trustee the interests in respect of which the Court’s recommendation was made.
446 Court may make order to restore effect of lost instruments of alienation.
1931, No. 31, s. 28
(1)
On proof to the satisfaction of the Court that any instrument of alienation of Maori freehold land, whether executed before or after the commencement of this Act, has been lost or destroyed, it may make an order under this section if it is satisfied—
(a)
That the said instrument was duly executed by or on behalf of the alienor;
(b)
In the case of an instrument requiring confirmation, that it was duly confirmed, or if not so confirmed, that the Court or other competent authority had made a pronouncement in favour of confirmation; and
(c)
That the instrument was not wilfully destroyed by or with the connivance of the applicant for an order under this section.
(2)
By an order under this section the Court may declare the nature and effect of the instrument to which the order relates, and the instrument shall be deemed to have been of the nature and to have had effect according to its tenor, as declared in the order.
(3)
Instead of or in addition to making an order declaring the nature and effect of the instrument, the Court may, on any application under this section, make an order vesting any land or interest in land to which the instrument related in any person or persons claiming under the instrument or in any other person or persons claiming under or through the first-mentioned person or persons.
(4)
On any application under this section the Court shall be guided in all matters by what it deems to be the real justice of the case.
447 Court may authorize Maori Trustee to execute instruments of alienation for absent owners.
(1)
If and whenever the Court is satisfied with respect to any Maori freehold land or to any European land owned by Maoris that any beneficial owner cannot be found, it may, on the application of any person interested, make an order directing the Maori Trustee to execute, as the agent of the missing owner, any instrument of alienation in respect of that land.
(2)
On the making of an order under this section the Maori Trustee shall have authority, in accordance with the terms of the order, to execute any instrument of alienation on behalf of the missing owner as effectually as if he were the owner.
(3)
Every such instrument shall be subject to confirmation by the Court as if it were an instrument of alienation executed by the owner.
(4)
Every instrument so executed by the Maori Trustee shall recite the authority pursuant to which it is executed, and shall, when confirmed by the Court, have the same force and effect and may be registered in like manner as if it had been duly executed by the missing owner, and as if he had been fully competent in that behalf.
(5)
The foregoing provisions of this section as to missing owners shall apply in the case of any owner who is dead or is presumed by the Court to be dead if the successors of the deceased owner cannot be found.
448 Maori Trustee may be appointed receiver for unpaid rates on European land owned by Maoris.
1931, No. 31, s. 538
(1)
In this section the term “local authority”
has the same meaning as in the Rating Act 1925.
(2)
If default has been made in the payment of rates levied by any local authority in respect of any European land owned by Maoris, the Court, on the application by or on behalf of the local authority, may appoint the Maori Trustee to be a receiver in respect of that land, and thereupon the Maori Trustee shall have and may exercise the same powers as if the land were Maori land subject to a charge under this Act and as if he had been appointed a receiver in respect thereof pursuant to section thirty-three hereof.
(3)
The provisions of subsection five of the said section thirty-three shall apply with respect to any lease or licence granted by the Maori Trustee as receiver under this section.
449 Court may issue injunction against waste.
1938, No. 23, s. 3
(1)
The Court, on application made by any person interested or by the Registrar of the Court, or of its own motion, may at any time issue an order by way of injunction prohibiting any owner or any other person or persons without lawful authority from cutting or removing, or authorizing the cutting or removal, or otherwise making any disposition of any timber trees, timber, or other wood, or any flax, kauri gum, or minerals on or from any Maori freehold land.
(2)
For the purposes of this section any leave or licence purporting to be granted for any of the purposes aforesaid to any person by one or more but not by all of several tenants in common shall not be deemed to be lawful authority except where that leave or licence is granted under an instrument duly confirmed in accordance with the provisions of Part XIX of this Act.
(3)
In any case where it appears expedient so to do, the Court may give such directions as it deems necessary as to the manner in which and the person or persons to whom notice of proceedings under this section shall be given, and notice given in accordance with any such directions shall be deemed for all purposes to be sufficient notice.
(4)
An injunction issued under this section may be directed to any particular person or persons or may be directed to any class or body of persons without specifying the names of the persons included in that class or body. In any case where an injunction is directed to a class or body of persons, the injunction shall bind all persons included in that class or body, whether or not they are parties to or have had notice of the proceedings and whether or not they are subject to any disability.
(5)
An injunction issued under this section shall, as the Court may direct, be served on the person or on all the persons affected by it or upon any one or more of them, or the Court may direct that public notification be given of the issue of any such injunction and of its purport. Any such service or public notification, as the case may be, shall be deemed to be sufficient notice to all the persons concerned of the fact that an injunction has been issued and of the terms thereof.
(6)
The Court may from time to time vary and may at any time dissolve any injunction issued under this section.
(7)
No appeal shall lie to the Appellate Court from any order made under this section.
450 Seizure of goods being subject matter of waste.
1931, No. 31, s. 533(3)–(6), s. 535
(1)
It shall be lawful for the Court to authorize any person or persons to seize and take possession of any timber or other wood, or of any flax, kauri gum, or minerals cut or removed in contravention of an injunction issued under section four hundred and forty-nine hereof although the offender may not have been prosecuted therefor, and to retain possession of the same pending an order of the Court as to the disposal thereof.
(2)
The Court may authorize the Maori Trustee or any other person to sue for and recover, from any person holding the same, the proceeds of the sale of any timber or other wood, or of any flax, kauri gum, or minerals illegally cut or removed as aforesaid, and to hold any such proceeds pending an order of the Court as to their disposal.
(3)
The Court may make such orders as it thinks proper for the disposal of any goods or moneys held under this section.
(4)
No appeal shall lie to the Appellate Court from any order made, under this section.
(5)
Every person who obstructs or resists any person in the performance of his duties or the exercise of his powers under or for the purposes of this section commits an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding twelve months.
451 Taxation of costs.
Ibid., s. 545
(1)
All costs, charges, or expenses charged or chargeable to any Maori in connection with or incidental to the prosecution of or opposition to any claim or application to the Court or the Appellate Court, or in connection with any proceedings before Parliament or any Committee thereof, shall be subject to taxation in accordance with this section.
(2)
On application by or on behalf of the person chargeable the Court may either tax any such costs, charges, or expenses or refer the same to the Registrar or other officer of the Court for taxation.
(3)
The Court may order a bill of items to be supplied for the purpose of any such taxation, or the taxing officer may require the production of such a bill.
(4)
Any costs, charges, or expenses as aforesaid shall be subject to taxation although the person chargeable may have entered into an agreement as to the amount to be paid, and if the Court or taxing officer thinks the agreement to be unfair or unreasonable it or he may reduce the amount payable under the agreement.
(5)
The Court or taxing officer shall certify in writing the amount that should, in fairness to the parties, be paid in respect of any such costs, charges, or expenses, and the amount so certified shall be deemed to be the amount properly payable by the person chargeable.
(6)
This section shall not apply to any costs, charges, or expenses which are liable to taxation and review in accordance with the provisions of section twenty-two of the Law Practitioners Act 1931.
452 Special powers of Chief Judge with respect to Court orders.
1931, No. 31, s. 38 1935, No. 39, s. 3
(1)
The jurisdiction conferred on the Chief Judge by this section shall be exercised only on application in writing made by or on behalf of a person who alleges that he has been adversely affected by an order made by the Court or the Appellate Court and that the said order was erroneous in fact or in law by reason of a mistake, error, or omission on the part of the Court, or in the presentation of the facts of the case to the Court. The Chief Judge may, in his absolute discretion, decline to exercise jurisdiction with respect to any such application.
(2)
On any application under this section the Chief Judge may require the applicant to deposit in an office of the Court such sum as he thinks fit as security for costs, and may summarily dismiss the application if the amount so fixed is not so deposited within the time allowed, and may if he thinks fit summarily dismiss any other application made under this section.
(3)
The Chief Judge may refer any application under this section to the Court or the Appellate Court for inquiry and report, and may deal with any such application without holding formal sittings or hearing the parties in open Court.
(4)
The Chief Judge may state a case for the opinion of the Supreme Court on any point of law that arises in relation to any application made under this section; and the provisions of section sixty-seven hereof shall, with all necessary modifications, extend and apply to any case so stated.
(5)
On any application under this section the Chief Judge, if he is satisfied that there has been any mistake, error, or omission as aforesaid, may cancel or amend any order of the Court or the Appellate Court or may make such other order as in his opinion is required for the purpose of remedying the mistake, error, or omission, and, notwithstanding anything to the contrary in this Act, any order made under this section may be made to take effect retrospectively to such extent as the Chief Judge thinks necessary for the purpose of giving full effect to that order.
(6)
Every such order shall be deemed to be an order of the Court and shall be subject to appeal to the Appellate Court. On the determination of an appeal by the Appellate Court no further application in respect of the same matter shall be made to the Chief Judge under this section.
(7)
No appeal shall lie to the Appellate Court from the dismissal by the Chief Judge of an application under this section.
(8)
No order made by the Chief Judge under this section, or made by the Appellate Court on appeal from any such order, shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation executed before the making of any such order, but any such instrument may be perfected, confirmed, or registered as if no order had been made under this section.
(9)
No payment made in good faith pursuant to or for the purposes of the original order shall be deemed to have been made without lawful authority by reason of the fact that that order has been cancelled or amended by an order made under this section.
(10)
All consequential amendments required to be made in any order, record, or document made, issued, or kept by the Court, by reason of any order made by the Chief Judge or the Appellate Court under this section, may be made by any Judge of the Court, and where it becomes necessary to correct the Land Transfer Register a copy of the order and a note of the consequential amendments made pursuant to this subsection shall be transmitted by the Registrar of the Court to the District Land Registrar, who shall thereupon make all necessary amendments in the register of the title to the land affected.
(11)
The powers conferred on the Chief Judge by this section shall not apply with respect to any freehold order made under Part XIV hereof in respect of customary land.
(12)
Notwithstanding anything to the contrary in this Act, the powers conferred on the Chief Judge by this section may be exercised in respect of orders to which the provisions of section sixty-eight or of section four hundred and sixty-eight of this Act are applicable.
453 Reference to Court by Chief Judge.
1931, No. 31, s. 452
(1)
The Chief Judge may at any time refer to the Court for inquiry and report any matter as to which in his opinion it may be necessary or expedient that any such inquiry should be made.
(2)
A reference under this section shall be deemed to be an application within the ordinary jurisdiction of the Court, and the Court shall have full power and authority accordingly to hear the same and to make such report and recommendations thereon to the Chief Judge as it thinks proper.
Part XXIX Miscellaneous
454 Joint farming undertakings.
(1)
For the purposes of this section the term “joint undertaking”
applies in any case where two or more areas of Maori freehold land or of European land owned by Maoris are held by different owners under separate titles and are jointly used for farming purposes.
(2)
Without limiting the application of the term “joint undertaking”
there shall for the purposes of this section be a joint undertaking in every case where lands held by different owners under separate titles are jointly used for farming purposes under Part XXII hereof (relating to incorporated owners) or under Part XXIV hereof (relating to schemes for the development of Maori land).
(3)
The following provisions of this section as to joint undertakings shall be subject to the terms of any agreement or arrangement to the contrary if the Court is satisfied that any such agreement or arrangement has been made and subsists between the owners of the lands used for the purposes of a joint undertaking.
(4)
For the purpose of apportioning, as between the several titles comprised in a joint undertaking, the profits or losses and the assets and liabilities of the undertaking, the owners under any one title shall together be deemed to be interested in the undertaking in the proportion which, at the time of the commencement of the joint undertaking, the capital value of the land comprised in that title, together with the value of all other assets brought into the undertaking by those owners, bears to the total capital value of the land comprised in all the titles, together with the total value of all other assets brought into the undertaking by all the owners.
1951, No. 19
(5)
For the purposes of this section the capital value of any land shall be its capital value at the commencement of the joint undertaking and shall be the capital value as determined by a special valuation made for the purpose under the Valuation of Land Act 1951, or if no such special valuation is made, shall be the capital value of that land as appearing in the district valuation roll then in force under the Valuation of Land Act 1951.
(6)
For the purposes of this section the value, as at the commencement of the undertaking, of assets other than land shall be determined by agreement among the several owners and failing such agreement shall be determined by the Court on application in that behalf made by any of the owners.
(7)
When any land is included in or is excluded from the scope of a joint undertaking, that undertaking shall be deemed to be dissolved and a new joint undertaking shall be deemed to have been commenced if the conditions prescribed by subsection one hereof continue to subsist.
(8)
On the dissolution of a joint undertaking the value of the improvements on each of the areas included within the scope of the joint undertaking shall be ascertained by a special valuation made for the purpose under the Valuation of Land Act 1951, and any excess or deficiency in the total value of those improvements over the total value of the improvements as appearing in the original valuation shall be an asset or liability of the joint undertaking.
455 Interests in Maori land protected against bankruptcy and execution.
1931, No. 31, s. 549
(1)
No interest of any person in customary land, and no beneficial freehold interest of a Maori in Maori freehold land, shall be capable of being taken in execution or otherwise rendered available by any form of judicial process for the payment of his debts or liabilities, whether in favour of Her Majesty or of any other person, or shall be assets in his bankruptcy, or pass to the assignee or trustee in that bankruptcy.
(2)
Nothing in this section shall be so construed as to affect the operation of any mortgage or charge to which any Maori land is subject, or shall apply to the recovery of rates or taxes payable in respect of Maori land.
(3)
For the purposes of this section the interest of any person in Maori land shall be deemed to include his interest in all timber, flax, and other things (other than industrial crops) so attached to the land as to form part thereof as between the heir and the executor of a deceased freeholder at common law, and shall also be deemed to include, while the land remains Maori land, his interest in all moneys being the proceeds of any alienation of that land, except such moneys as have been actually received by him or by any trustee for him.
(4)
This section shall extend and apply to land vested in a body corporate of Maori owners under Part XXII of this Act, and to the debts and liabilities of that body corporate, in the same manner as if those debts and liabilities had been incurred by the Maori owners of that land.
456 Provisions as to proceeds of Maori land held on trust for Maori and descendants.
Ibid., ss. 550, 551
(1)
When and so long as any moneys or investments, being the proceeds of the sale or other alienation of Maori land, or being compensation paid in respect of any Maori land, are in the possession of the Public Trustee or the Maori Trustee on behalf of any Maori or any descendant of a Maori (whether or not the beneficiary is entitled to demand or receive payment thereof), they shall for the purposes of this section be deemed to be held on trust for the beneficiary.
(2)
All moneys so held in trust, together with any income arising therefrom, are hereafter in this section referred to as the trust fund and, subject to any express provisions of this or any other Act to the contrary, the following provisions of this section shall apply with respect to the trust fund.
(3)
If the beneficiary is a Maori within the meaning of this Act:
(a)
The beneficiary shall not be capable of making (except by will made in accordance with this Act) any assignment, charge, or other disposition of the trust fund, whether by way of anticipation or otherwise:
(b)
The trust fund shall not be capable of being taken in execution or otherwise rendered available by any form of judicial process for the payment of the debts or liabilities of the beneficiary, whether in favour of Her Majesty or in favour of any other person:
(c)
The trust fund shall not be assets in the bankruptcy of the beneficiary, or pass to the assignee or trustee in that bankruptcy:
(d)
The Court may by order appoint interests in the trust fund to the widow, widower, children, or orphan grandchildren of the beneficiary in the same manner and to the same extent as if the trust fund had been Maori freehold land at the death of the beneficiary, and all the provisions as to family maintenance contained in Part XI of this Act shall, as far as applicable and with the necessary modifications, apply accordingly.
(4)
If the beneficiary is a Maori or the descendant of a Maori:
(a)
The trust fund shall not on his death be assets available for the payment of his debts or liabilities, whether in favour of Her Majesty or in favour of any other person, unless expressly devised for that purpose by the will of the beneficiary:
(b)
The interest of the beneficiary in the trust fund shall not pass to the administrator of the beneficiary on his death intestate, but shall vest in the manner herein provided, that is to say:
(i)
If at the time of his death the deceased was beneficially entitled to the land or interest in land from which the trust fund or any portion of the trust fund was derived, the fund or such portion thereof as was derived from the said land or interest shall vest in the beneficiary or beneficiaries determined by the Court in respect of that land or interest pursuant to section one hundred and thirty-five hereof and, where there are two or more beneficiaries, their shares in the trust fund shall be the same as their shares in the land from which the trust fund was derived:
Provided that where the Court, in the exercise of the powers conferred on it by Part XII of this Act, disposes of any interest in any land to any person other than the beneficiary, it may, in any order made by it in the exercise of those powers, dispose, in whole or in part, of the interest of the beneficiary in the trust fund, for the purpose of making any necessary adjustments as between the beneficiary and the person in whom the interest of the beneficiary is vested.
(ii)
Except as provided in subparagraph (i) hereof, the Court, on the application by or on behalf of any person claiming to be a beneficiary in the trust fund, shall determine the persons who are beneficially interested in the trust fund and their several shares therein in the same manner in all respects as if the fund were the particular land or the particular interest from which the fund was derived:
(c)
The trust fund shall not be computed as part of the dutiable estate of the beneficiary under the Death Duties Act 1921, or be subject to estate or succession duty under that Act, but shall be subject to Maori succession duty under that Act in the same manner as if it were Maori freehold land.
(5)
Notwithstanding anything in the foregoing provisions of this section, a beneficiary may assign, charge, or dispose of his interest in a trust fund as security for advances made by Her Majesty or a State Loan Department, and the trust fund shall remain charged with the payment of any liability as aforesaid notwithstanding the death of the beneficiary to whom any such advances were made or of any successor in title to the beneficiary.
457 Presumptions as to Maori freehold land held by two or more owners.
1931, No. 31, s. 129
(1)
Subject and without prejudice to any alienation made before the coming into operation of the Native Land Court Act 1894, all Maori land that is held by two or more persons beneficially entitled thereto for an estate in fee simple shall, unless otherwise expressed in the instrument of title, be deemed to be held by them as tenants in common and not as joint tenants.
(2)
Where the relative interests of the several owners in common of any Maori freehold land are not defined in the instrument of title, those interests shall, on application by any of the owners, be defined by the Court; and there shall be no presumption of law that the interests of the several owners are equal.
458 Co-owners of Maori land not bound by Limitation Act.
Ibid., s. 554 1950, No. 65
Notwithstanding anything to the contrary in the Limitation Act 1950 or any other Act imposing a limitation on actions, time shall not run or be deemed to have run against a co-owner of Maori land who neglects or has at any time neglected to exercise his right of entering upon and using the common property while it remains in the occupation of another co-owner or some one claiming through or under him.
459 Prevention of waste on Maori land.
1943, No. 24, s. 6
(1)
Every person who, without lawful authority, the proof whereof shall be upon him, cuts or removes or attempts to remove from any Maori freehold land any standing timber trees, or any timber or other wood, or any flax, kauri gum, or minerals commits an offence, and shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months.
(2)
For the purposes of this section any leave or licence purporting to be granted for any of the purposes aforesaid to any person by one or more but not by all of several tenants in common shall not be deemed to be a lawful authority, except where that leave or licence is granted under an instrument duly confirmed in accordance with the provisions of Part XIX of this Act.
(3)
In any proceedings under this section it shall be a good defence to any person who is a tenant in common that any timber trees, timber, or other wood, or any flax, kauri gum, or minerals cut or removed by him were so cut or removed for his own use and not for the purpose of disposing of the same to any other person, whether by way of sale, gift, exchange or otherwise.
(4)
Except as provided in subsection three hereof, a tenant in common as such shall not be deemed to have lawful authority to do any of the acts referred to in that subsection.
(5)
The powers conferred on the Court by section four hundred and fifty hereof may be exercised in respect of any timber or other things or substances unlawfully cut or removed in contravention of this section, and the provisions of that section shall in any such case apply accordingly.
460 Advances to Maori occupiers of land that is not subject to Part XXIV.
1936, No. 53, s. 48
(1)
For the purpose of assisting Maoris or descendants of Maoris to farm, improve, or develop lands that are owned or occupied by them but are not subject to Part XXIV of this Act, or to discharge any liabilities charged on or existing in respect of any such lands, the Board of Maori Affairs may from time to time authorize the making of advances out of moneys to be appropriated by Parliament for the purposes of this section. Any moneys advanced under this section may, at the discretion of the Board, be paid to the owners or occupiers or be expended by the Board on their behalf.
(2)
All moneys advanced under this section shall bear interest at such rate as the Minister of Finance shall from time to time determine, and, except as provided in subsection three hereof, shall be secured by way of mortgage over the land or interest in land in respect of which the advance is made.
(3)
In addition to or instead of the security required by subsection two hereof, the Board may require security by way of mortgage to be given over any other land or interest in land and may also require collateral security to be given over any chattels.
(4)
Every instrument of security given for the purposes of this section shall contain such terms and conditions as the Board may require or prescribe.
(5)
The amount of any advance under this section shall not exceed three-fifths of the value of the land or interests in land included in the mortgage or mortgages given as security therefor.
461 Provisional registration of mortgages to Her Majesty or to State Loan Department.
1931, No. 31, s. 546 1938, No. 23, s. 8 1952, No. 52
(1)
This section shall apply in any case where a memorandum of mortgage to Her Majesty or to a State Loan Department affecting any area of Maori freehold land cannot be immediately registered under the Land Transfer Act 1952 by reason of the fact that any order of the Court constituting the title to that land has not been so registered.
(2)
In any case to which this section applies, the Registrar of the Court, on request made by or on behalf of the mortgagee, shall forward to the District Land Registrar of the district in which the land is situated a certificate under his hand setting forth with respect to the land the following particulars:
(a)
The kind of order constituting the title to the land to which the mortgage relates:
(b)
The date of the order:
(c)
The description of the land as shown in the order:
(d)
The area or approximate area of the land as appearing in the order:
(e)
The name or names of the persons entitled under the order, and, if more than one, their several shares or interests in the land.
(3)
On receipt of any such certificate, the District Land Registrar shall proceed to register the same in accordance with the following provisions of this section.
(4)
If the title to the land affected by the order referred to in the certificate is registered or provisionally registered under the Land Transfer Act 1952, he shall register the certificate against the title in the register or the provisional register, as the case may be.
(5)
If the title to the land is not so registered or provisionally registered, the District Land Registrar shall embody the certificate in the provisional register as a separate folium thereof, and, except as otherwise provided in this section, all the provisions of the Land Transfer Act 1952 as to provisional registration shall thereupon apply accordingly.
(6)
On the registration of a certificate under this section, no instrument in respect of the land referred to in the certificate shall thereafter be registered except—
(a)
A mortgage or memorial of charge in favour of Her Majesty or of a State Loan Department:
(b)
An order made by the Court creating or evidencing a charge in favour of Her Majesty or of a State Loan Department:
(c)
An order of the Court or other instrument transmitting title to any person who has executed any such mortgage or whose interest in the land is subject to any such charge:
(d)
An instrument evidencing the discharge of any such mortgage or charge or any dealing therewith.
(7)
On deposit for registration of the order of the Court constituting the title to any land as aforesaid the District Land Registrar shall cancel the registration of the certificate given by the Registrar of the Court and, as the circumstances require, shall issue a certificate of title in respect of the land or register the order of the Court in the provisional register, and in either case shall transfer to the appropriate folium of the register or provisional register all entries and memorials then appearing in the register or the provisional register in respect of the land comprised in the order of the Court.
462 Effect of Order in Council declaring a Maori to be a European.
1931, No. 31, s. 525 1912, No. 34
(1)
Where by an Order in Council issued pursuant to section seventeen of the Native Land Amendment Act 1912 any Maori has been declared to be a European, that Order in Council (whether or not it has been revoked) shall, while in force, operate and be deemed to have operated in accordance with the provisions of this section.
(2)
Subject to the provisions of this section as to rights of succession, the person to whom any such Order in Council relates or related shall be deemed, on the coming into force of that Order in Council, to have ceased to be a Maori and to have become a European.
(3)
The fact that any Maori has been declared to be a European as aforesaid shall not affect the status as a Maori or as a European, as the case may be, of his wife or her husband, as the case may be, or of any child, whether born before or after the date of the Order in Council.
(4)
Notwithstanding the fact that any Maori has been declared to be a European, and that the Order in Council declaring him to be a European has not been revoked, he shall be deemed to have remained a Maori for the purposes of his rights or the rights derived by any other person through him to succeed to any Maori freehold land or other property, and the provisions of this Act as to succession to any such property, or the corresponding provisions of any former Act, as the case may require, shall apply or be deemed to have applied as if he had not been declared to be a European.
(5)
If any Maori who has been declared to be a European has died intestate or partially intestate (whether before or after the commencement of this Act) while the Order in Council declaring him to be a European was in force, the persons entitled to succeed to the property, whether real or personal, in respect of which he has died intestate shall be determined as if he were a Maori at the time of his death.
463 Effect of revocation of Order in Council declaring a Maori to be a European.
1931, No. 31, s. 525(7)
(1)
Any Order in Council declaring a Maori to be a European may at any time during his lifetime be in like manner revoked.
(2)
On the revocation (whether before or after the commencement of this Act) of any such Order in Council, the person to whom the Order in Council related shall resume his status as a Maori and shall cease to be regarded as a European for any purpose.
(3)
On the revocation of any such Order in Council, all European land that is then owned by the person to whom the Order in Council related and that would have been Maori freehold land if the Order in Council had not been issued shall become Maori freehold land:
Provided that nothing in this subsection shall take away or prejudicially affect any right existing at the date of the revocation to the specific performance of any contract for the alienation of any land, or to the enforcement of any mortgage, charge, or other encumbrance, whether legal or equitable, in respect of any such land, and all such rights may be exercised and enforced as if the Order in Council had not been revoked:
Provided also that the provisions of section four hundred and fifty-five of this Act (relating to protection against bankruptcy and execution) or the corresponding provisions of any former Act shall not apply, or be deemed to have applied, to any such land in respect of any debts or liabilities incurred within the period of three years immediately preceding the revocation of the Order in Council.
464 Execution by Maoris of instruments under Chattels Transfer Act.
1931, No. 31, s. 547 1940, No. 30, s. 26
(1)
Every instrument by way of security, within the meaning of the Chattels Transfer Act 1924, which is executed after the commencement of this Act by a grantor who is a Maori residing in the North Island shall, so far as it purports to create any such security, be wholly void unless it is executed in manner provided by this section.
(2)
If the grantor has a knowledge of the English language sufficient to enable him to understand the effect of the instrument if read or explained to him in that language, his signature thereto shall be attested by a solicitor of the Supreme Court, a Justice of the Peace, a Stipendiary Magistrate, a Judge, Commissioner or Registrar of the Maori Land Court, a Postmaster, or an officer in the service of the Crown who for the time being is authorized by the Governor-General by notice in the Gazette to attest the signature of Maoris to any such instruments, and the witness so attesting the signature shall certify in writing on the instrument that the grantor had a knowledge of the English language sufficient to enable him to understand, and that he did understand, the effect of the instrument. Every such certificate shall be conclusive proof that the grantor had such a knowledge of the English language as is required by this subsection.
(3)
If the grantor has not a knowledge of the English language sufficient to enable him to understand the effect of the instrument if read or explained to him in that language, his signature thereto shall be attested in manner prescribed by subsection two hereof and shall also be attested by a licensed Interpreter, and the Interpreter shall certify in writing on the instrument that the effect of the instrument was explained by him to the grantor, and that the grantor understood the effect thereof.
(4)
The execution of an instrument in manner provided by subsection three hereof shall be a sufficient compliance with the requirements of this section, even though the instrument might lawfully have been executed in accordance with subsection two hereof.
465 Orders in Council and Proclamations affecting title to be registered.
1931, No. 31, s. 548 1949, No. 46, s. 18 1952, No. 52
Every Order in Council or Proclamation made under the authority of this Act and affecting the title to land which is subject to the Land Transfer Act 1952 shall, on deposit with the District Land Registrar of a copy of the Gazette containing the Order in Council or Proclamation, or of a copy of the Order or Proclamation certified under the hand of the Secretary, be registered by him without fee against the title to that land.
466 Statutory declarations on behalf of bodies corporate.
1931, No. 31, s. 556
Any director, attorney, or officer of an incorporated company or other body corporate may make on its behalf any statutory declaration that may be required for the purposes of this Act.
467 Governor-General may make regulations for purposes of this Act.
(1)
In addition to any power to make regulations expressly conferred on him by any of the foregoing provisions of this Act, the Governor-General may from time to time, by Order in Council, make all such regulations as he deems to be necessary for the purpose of giving full effect thereto.
(2)
Any such regulations may prescribe penalties, not exceeding in any case a fine of ten pounds, for any breach of the provisions thereof.
468 Saving of effect of Land Titles Protection Act 1908.
Ibid., s. 559 1909, No. 15 1908, No. 98
Subject to the provisions of section four hundred and fifty-two hereof, no order of the Maori Land Court, Crown grant, or other instrument of title which at the commencement of the Native Land Act 1909 was within the protection of the Land Titles Protection Act 1908 shall, on any grounds whatever, be called in question in any Court or in any proceedings.
469 Declaratory Judgments Act 1908 not affected.
1931, No. 31, s. 567
Nothing in this Act shall be so construed as to take away or affect any jurisdiction conferred upon the Supreme Court or the Court of Appeal by the Declaratory Judgments Act 1908.
470 Existing trusts of Maori land not affected.
1931, No. 31, s. 568
Except so far as otherwise expressly provided by this Act, nothing in this Act shall affect the powers, rights, or duties of trustees of Maori land under any trust existing at the commencement of this Act, whether created by Act, Crown grant, or other instrument of title, or in any other manner; and those powers, rights, and duties shall continue to exist and to be exercised and performed in the same manner as if this Act had not been passed.
471 Certain Parts of Act do not apply to Maori reserves.
1931, No. 31, s. 565
Nothing in Part XXII, Part XXIII, Part XXIV, or Part XXV of this Act shall apply to any Maori reserve.
472 Provisions of certain enactments not affected by this Act.
Ibid., s. 566 1882, No. 52 1887, No. 29 1892, No. 22 1897, No. 28
(1)
Except as otherwise expressly provided herein, this Act, in its application to any land that is subject to any of the enactments specified in subsection two hereof, shall be read subject to such enactment.
(2)
The enactments referred to in subsection one hereof are the following:
(a)
The Maori Reserves Act 1882:
(b)
The Westland and Nelson Maori Reserves Act 1887:
(c)
The West Coast Settlement Reserves Act 1892:
1931, No. 32
(d)
The Kapiti Island Public Reserve Act 1897:
(e)
The Mining Act 1926:
(f)
Part IV of the Maori Purposes Act 1931.
473 Repeals and savings.
(1)
The enactments specified in the Schedule to this Act are hereby repealed.
(2)
Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.
1913, No. 58
(3)
Notwithstanding the repeal by this Act of section ninety-seven of the Maori Land Amendment Act 1913, the provisions of the said section shall continue to apply, as if it had not been repealed, in respect of every lease of a class referred to therein so long as any such lease is subject to any mortgage executed before the commencement of this Act in favour of a State Loan Department, or to a mortgage originally granted to a State Loan Department and now vested in the State Advances Corporation of New Zealand, or to any mortgage executed as a renewal thereof or in substitution therefor, or, if the power of sale under any such mortgage has been exercised, to any mortgage given to secure the whole or any portion of the purchase money.
Schedule Enactments Repealed
Section 473(1)
1913, No. 58—
The Maori Land Amendment Act 1913: Sections 1 and 97. (Reprint of Statutes, Vol. VI, p. 354.)
1931, No. 31—
The Maori Land Act 1931: Except Parts XIV, XV, and XVI. (Reprint of Statutes, Vol. VI, p. 103.)
1931, No. 32—
The Maori Purposes Act 1931: Section 117. (Reprint of Statutes, Vol. VI, p. 420.)
1932, No. 25—
The Maori Land Amendment Act 1932.
1933, No. 50—
The Maori Purposes Act 1933: Section 6, and the First Schedule.
1934, No. 37—
The Maori Purposes Act 1934: Section 3.
1934–35, No. 44—
The Board of Maori Affairs Act 1934–35.
1935, No. 39—
The Maori Purposes Act 1935: Sections 3 and 4.
1936, No. 53—
The Maori Land Amendment Act 1936.
1937, No. 34—
The Maori Purposes Act 1937: Sections 3 to 5.
1938, No. 23—
The Maori Purposes Act 1938: Sections 3, 5, and 8.
1939, No. 28—
The Maori Purposes Act 1939: Sections 3 to 6.
1940, No. 25—
The Maori Purposes Act 1940: Sections 3 to 5.
1940, No. 30—
The Finance Act (No. 4) 1940: Section 26.
1941, No. 22—
The Maori Purposes Act 1941: Sections 3, 5, 6, and 7.
1942, No. 15—
The Maori Purposes Act 1942: Section 3.
1943, No. 24—
The Maori Purposes Act 1943: Sections 3 to 9 and section 18.
1944, No. 17—
The Maori Purposes Act 1944: Sections 3, 4, 7, and 8; section 6 in so far as it relates to accounts kept for the purposes of Part I of the Maori Land Amendment Act 1936.
1946, No. 37—
The Maori Purposes Act 1946: Sections 3 to 5 and section 9.
1947, No. 59—
The Maori Purposes Act 1947: Sections 3, 4, 6, and sections 16 to 19.
1948, No. 50—
The Land Valuation Court Act 1948: So much of the Third Schedule as relates to the Maori Land Act 1931.
1948, No. 69—
The Maori Purposes Act 1948: Section 6.
1949, No. 19—
The Forests Act 1949: Section 65.
1949, No. 46—
The Maori Purposes Act 1949: Sections 18 to 21.
1950, No. 98—
The Maori Purposes Act 1950: Sections 3, 5, 6, 11, sections 13 to 54, and section 63.
1951, No. 75—
The Maori Purposes Act 1951: Sections 3, 6, 7, and 8.
1951, No. 79—
The Fees and Travelling Allowances Act 1951: So much of the First Schedule as relates to the Board of Maori Affairs, and so much of the Second Schedule as relates to the Board of Maori Affairs Act 1934–35.
1952, No. 9—
The Maori Land Amendment Act 1952.
1952, No. 34—
The Land Settlement Promotion Act 1952: Section 30.
1952, No. 70—
The Maori Purposes Act 1952: Section 3.
1953, No. 54—
The Stamp Duties Amendment Act 1953: So much of the Schedule as relates to the Maori Land Act 1931.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Maori Affairs Act 1953
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