Maori Community Development Act 1962

1: Short Title and commencement
1: This Act may be cited as the Maori Community Development
2: This Act shall come into force on 1 January 1963. Section 1(1) amended 14 December 1979 section 19(2) Maori Purposes Act 1979
2: Interpretation
In this Act, unless the context otherwise requires,— chief executive liquor section 5(1) Maori Maori Association Maori Warden meeting place owned or controlled by Maoris or trustees for Maoris and Minister triennial election section 19 Section 2 chief executive inserted 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 2 General Manager repealed 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 2 liquor inserted 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2 Maori replaced 8 November 1974 section 7 Maori Purposes Act 1974 Section 2 meeting place amended 24 November 1967 section 8 Maori Purposes Act 1967 Section 2 Secretary repealed 1 October 1989 section 10 Maori Affairs Restructuring Act 1989 Administration
3: Act to be administered by Minister
This Act shall be administered by the Minister of Maori Affairs, and the powers conferred by this Act shall be under the general direction and control of the Minister.
4: Community Officers
For the purposes of this Act there shall be appointed under the Public Service Act 2020 public service Ministry of Maori Development Community Officers Section 4 heading replaced 8 November 1974 section 8(1) Maori Purposes Act 1974 Section 4 amended 7 August 2020 section 135 Public Service Act 2020 Section 4 amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 4 amended 8 November 1974 section 8(1) Maori Purposes Act 1974
5: Honorary
Community Officers Section 5 repealed 24 June 1996 Maori Community Development Amendment Act 1996
6: Functions of Community Officers
1: The general functions of Community Officers chief executive
2: In the exercise of their functions, Community Officers Section 6 heading amended 8 November 1974 section 8(1) Maori Purposes Act 1974 Section 6(1) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 6(1) amended 8 November 1974 section 8(1) Maori Purposes Act 1974 Section 6(2) amended 8 November 1974 section 8(1) Maori Purposes Act 1974
7: Appointment of Maori Wardens
1: For the purposes of this Act the Minister may from time to time appoint in respect of any Maori Council District 1 or more Maori Wardens to carry out duties in that district.
2: No person shall be appointed or reappointed a Maori Warden in respect of any Maori Council District unless he is residing in that district and
3: Every Maori Warden shall be appointed for a term of 3 years, but may from time to time be reappointed. The chief executive
4: The Minister may at any time, on the recommendation of the District Maori Council concerned, cancel the appointment of a Maori Warden, and a Maori Warden may at any time resign his office by writing addressed to the Minister. Before recommending that a Warden's appointment be cancelled, a District Maori Council shall notify the Warden of its intention to do so and shall give him an opportunity to appear in person before the Council to oppose the recommendation. A District Maori Council may suspend a Maori Warden from duty where it intends to recommend the cancellation of his appointment.
5: Every Maori Warden shall have the powers conferred on him by this Act or by regulations made under this Act, and shall exercise those powers under the control and supervision and subject to any express directions of the District Maori Council or of any Maori Association to which the Council may delegate its powers pursuant to section 16(6)
6: Subject to any regulations made under this Act, a Maori Association may in its discretion pay out of its funds to any Maori Warden exercising functions in its area such remuneration or allowances for his services as it may determine. Section 7 replaced 10 October 1975 section 14(1) Maori Purposes Act 1975 Section 7 heading replaced 23 October 1981 section 9 Maori Purposes Act 1981 Section 7(2) amended 23 October 1981 section 9 Maori Purposes Act 1981 Section 7(3) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Maori Committees
8: Maori Committee areas
1: Any area which, at the commencement of this Act, is declared a Tribal Committee area under section 14 of the Maori Social and Economic Advancement Act 1945
2: A District Maori Council may, by resolution, alter the boundaries of any Maori Committee area, or amalgamate 2 or more Maori Committee areas, or constitute a new Maori Committee area, within the district of the Council.
3: Each District Maori Council shall assign a name by which each Maori Committee area within its district shall be described and known and may from time to time, by resolution, amend any such name.
4: Every resolution under this section shall be notified to the Maori Committee concerned and to the chief executive Section 8(4) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991
9: Maori Committees
1: For the purposes of this Act there shall be a Maori Committee for every Maori Committee area constituted under section 8
2: Each Maori Committee shall consist of 7 members elected in accordance with this Act: provided that in any case where a District Maori Council considers it desirable to do so, it may by resolution increase the number of members to be elected to any Maori Committee in the district of the Council to such number as it thinks fit.
3: Notwithstanding the provisions of subsection (2), the members of every Tribal Committee in office at the commencement of this Act under section 15 of the Maori Social and Economic Advancement Act 1945
4: Any alteration in the boundaries of a Maori Committee area shall not affect the membership of the Maori Committee elected in respect of that area and each member in office at the date of the resolution effecting the alteration shall, unless his office otherwise becomes vacant, remain in office until the next triennial election.
5: Notwithstanding the provisions of subsection (2), where 2 or more Maori Committee areas are amalgamated, all the members of the Maori Committees elected in respect of the amalgamated areas and in office at the date of the resolution effecting the amalgamation shall, unless their offices otherwise become vacant, remain in office until the next triennial election.
6: Where a new Maori Committee area is constituted, an election of members of the Maori Committee for the area shall be held as soon as practicable after the constitution of the area. Section 9(2) proviso inserted 22 October 1963 Maori Community Development Amendment Act 1963
10: Functions of Maori Committees
1: Each Maori Committee shall, in relation to the Maoris within its area, have the functions conferred on the New Zealand Maori Council by subsection (1) of section 18
2: Each Maori Committee shall be subject in all things to the control of the Maori Executive Committee in whose area it operates and shall act in accordance with all directions, general or special, given to it by the Maori Executive Committee.
10A: Direct representation of Maori Committee on District Maori Council
1: A District Maori Council may at any time, by resolution, determine that a designated Maori Committee shall have direct representation to the District Maori Council and shall, in such case, fix the manner and extent of the representation. Any such Maori Committee shall thereupon be subject in all things to the control of the District Maori Council as if the Council were a Maori Executive Committee, and the Council shall have such of the powers of a Maori Executive Committee as the Council determines.
2: A determination under subsection (1) may at any time in like manner be varied or revoked. Section 10A inserted 17 December 1971 section 9 Maori Purposes Act 1971 Maori Executive Committees
11: Maori Executive Committee areas
1: Any area which, at the commencement of this Act, is declared a tribal district under section 6 of the Maori Social and Economic Advancement Act 1945
2: A District Maori Council may, by resolution, alter the boundaries of any Maori Executive Committee area, or amalgamate 2 or more Maori Executive Committee areas, or constitute a new Maori Executive Committee area, within the district of the Council.
3: Each District Maori Council shall assign a name by which each Maori Executive Committee area within its district shall be described and known and may from time to time, by resolution, amend any such name.
4: Every resolution under this section shall be notified to the Maori Executive Committee concerned and to the chief executive Section 11(4) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991
12: Maori Executive Committees
1: For the purposes of this Act there shall be a Maori Executive Committee for every Maori Executive Committee area constituted under section 11
2: Each Maori Executive Committee shall consist of members appointed in accordance with this section by Maori Committees for Maori Committee areas within the Maori Executive Committee area.
3: Where there are less than 4 Maori Committees in a Maori Executive Committee area, the number of members appointed as aforesaid shall be 3 for each Maori Committee and, in any other case, the number of members appointed shall be 2 for each Maori Committee.
4: Notwithstanding the provisions of subsection (3), the members of every Tribal Executive Committee in office at the commencement of this Act under section 8 of the Maori Social and Economic Advancement Act 1945
5: Any alteration in the boundaries of a Maori Executive Committee area shall not affect the membership of the Maori Executive Committee appointed in respect of that area and each member in office at the date of the resolution effecting the alteration shall, unless his office otherwise becomes vacant, remain in office for the residue of the term for which he was appointed.
6: Notwithstanding the provisions of subsection (3), where 2 or more Maori Executive Committee areas are amalgamated, all the members of the Maori Executive Committees appointed in respect of the amalgamated areas and in office at the date of the resolution effecting the amalgamation shall, unless their offices otherwise become vacant, remain in office for the residue of the term for which they were appointed.
13: Functions of Maori Executive Committees
1: Each Maori Executive Committee shall, in relation to the Maoris within its area, have the functions conferred on the New Zealand Maori Council by subsection (1) of section 18
2: Each Maori Executive Committee shall be subject in all things to the control of the District Maori Council in whose district it operates and shall act in accordance with all directions, general or special, given to it by the Maori District Council. District Maori Councils
14: Maori Council districts
1: The New Zealand Maori Council may at any time by resolution declare any specified part of New Zealand to be a Maori Council District for the purposes of this Act and may assign a name by which the District shall be known.
2: Subject to the provisions of this section, all Maori Land Court districts shall be Maori Council districts for the purposes of this Act.
3: The district defined at the commencement of this Act pursuant to subsection (4) of section 13 of the Maori Social and Economic Advancement Act 1945
4: The New Zealand Maori Council may at any time by resolution alter the boundaries of any Maori Council district or amalgamate 2 or more districts or constitute a new district over part of an existing district, and may at the same time amend the name of any district or assign a new name thereto. Section 14(1) replaced 17 December 1971 section 10(1) Maori Purposes Act 1971 Section 14(4) replaced 17 December 1971 section 10(2) Maori Purposes Act 1971
15: District Maori Councils
1: For the purposes of this Act there shall be a District Maori Council for every Maori Council district constituted under section 14
2: Each District Maori Council shall consist of members appointed in accordance with this section by Maori Executive Committees whose areas are within the district of the Council.
3: Each Maori Executive Committee shall appoint 2 members to the District Maori Council: provided that if the number of Maori Executive Committees in any Maori Council district is less than 5, each of those Committees may appoint 3 members to the Council.
4: Notwithstanding the provisions of subsection (3), the members of any District Council in office at the commencement of this Act under section 13 of the Maori Social and Economic Advancement Act 1945 Section 15(3) proviso replaced 22 October 1963 Maori Community Development Amendment Act 1963
15A: District Maori Councils may recognise Maori societies
1: For the purposes of this section, the term Maori society
2: A District Maori Council may from time to time in its absolute discretion determine that any Maori society within its district be recognised as having the status of a Maori Committee, with the right to appoint members to the District Maori Council, and may in the same manner and in its absolute discretion at any time withdraw that recognition of any such Maori society.
3: Every Maori society recognised by a District Maori Council shall forthwith appoint a member to that Council, and the term of office of that member shall, unless recognition of the society is sooner withdrawn, expire with that of the other members of the Council. The Maori society shall thereafter, unless its recognition is withdrawn, appoint a member of the District Maori Council in the same month and year as is prescribed for the appointment of members of the Council by Maori Executive Committees.
4: Each District Maori Council shall, at least once in every year, review the status of Maori societies to which it has granted recognition under this section. Section 15A inserted 10 October 1975 section 15 Maori Purposes Act 1975
16: Functions of District Maori Councils
1: Each District Maori Council shall, in relation to the Maoris within its district, have the functions conferred on the New Zealand Maori Council by subsection (1) of section 18
2: Each District Maori Council shall be subject in all things to the control of the New Zealand Maori Council and shall act in accordance with all directions, general or special, given to it by the New Zealand Maori Council.
3: Each District Maori Council shall advise, direct, and generally supervise each Maori Committee and Maori Executive Committee within its district and shall consider all representations and reports from each such committee.
4: Each District Maori Council shall submit an annual report of its activities to the New Zealand Maori Council.
5: Subject to subsection (6), each District Maori Council shall have exclusive power and authority to control and supervise the activities of Maori Wardens carrying out duties within its district, and may assign to any such warden any specified duties, consistent with this Act, within the district.
6: Any District Maori Council may, by notice in writing to any Maori Committee or Maori Executive Committee within its district, delegate to the Committee in respect of any specified warden or wardens, the power and authority to control and supervise and to assign duties conferred on the Council by subsection (5).
7: Every delegation under subsection (6) shall be revocable at will. Section 16(5) inserted 24 October 1969 section 13(2) Maori Purposes Act 1969 Section 16(6) inserted 24 October 1969 section 13(2) Maori Purposes Act 1969 Section 16(7) inserted 24 October 1969 section 13(2) Maori Purposes Act 1969 New Zealand Maori Council
17: New Zealand Maori Council
1: For the purposes of this Act there shall be a New Zealand Maori Council.
2: The members of the New Zealand Maori Council shall consist of members appointed in accordance with this section by District Maori Councils.
3: Each District Maori Council shall appoint 3 members to the New Zealand Maori Council.
4: The members of the New Zealand Maori Council of Tribal Executives established under section 13E of the Maori Social and Economic Advancement Act 1945
18: General functions of the New Zealand Maori Council
1: The general functions of the New Zealand Maori Council, in respect of all Maoris, shall be—
a: to consider and discuss such matters as appear relevant to the social and economic advancement of the Maori race:
b: to consider and, as far as possible, give effect to any measures that will conserve and promote harmonious and friendly relations between members of the Maori race and other members of the community:
c: to promote, encourage, and assist Maoris—
i: to conserve, improve, advance and maintain their physical, economic, industrial, educational, social, moral, and spiritual well-being;
ii: to assume and maintain self-reliance, thrift, pride of race, and such conduct as will be conducive to their general health and economic well-being;
iii: to accept, enjoy, and maintain the full rights, privileges, and responsibilities of New Zealand citizenship;
iv: to apply and maintain the maximum possible efficiency and responsibility in their local self-government and undertakings; and
v: to preserve, revive and maintain the teaching of Maori arts, crafts, language, genealogy, and history in order to perpetuate Maori culture:
d: to collaborate with and assist State departments and other organisations and agencies in—
i: the placement of Maoris in industry and other forms of employment;
ii: the education, vocational guidance, and training of Maoris;
iii: the provision of housing and the improvement of the living conditions of Maoris;
iv: the promotion of health and sanitation amongst the Maori people;
v: the fostering of respect for the law and law-observance amongst the Maori people;
vi: the prevention of excessive drinking and other undesirable forms of conduct amongst the Maori people; and
vii: the assistance of Maoris in the solution of difficulties or personal problems.
2: The New Zealand Maori Council shall advise and consult with District Maori Councils, Maori Executive Committees, and Maori Committees on such matters as may be referred to it by any of those bodies or as may seem necessary or desirable for the social and economic advancement of the Maori race.
3: In the exercise of its functions the Council may make such representations to the Minister or other person or authority as seem to it advantageous to the Maori race. Elections
19: Elections of Maori Committees
1: On the last Saturday in February in the year 1964 and on the corresponding day in every third year thereafter an election of members of Maori Committees shall be held.
2: Notwithstanding the provisions of subsection (1), if in any year it is not practicable to hold an election in any Maori Committee area on the day prescribed in that subsection, the election shall be held in that area on a day not earlier than 7 days before the prescribed day and not later than 14 days after the prescribed day.
3: All Maoris of or over the age of 20
4: Any person of or over the age of 20 provided that any person not ordinarily resident in the area shall be eligible for election if he has marae affiliations in the area; but no person shall be entitled to be a member of more than 1 Maori Committee at any one time.
5: All elections under this section shall be held in accordance with regulations under this Act.
6: Notwithstanding any other provision of this Act or of any regulations made under this Act, where the members of any Maori Committee (being a committee revived after being in recess) will have been in office for less than 6 months on the date fixed by this section for the election of Maori Committees, no election of members of that Committee shall be held on that date if the District Maori Council concerned has by resolution determined that no such election be held and, in such case, the members of that Committee in office on that date shall continue in office as if they had been elected on that date. Section 19(3) amended 1 January 1971 section 6 Age of Majority Act 1970 Section 19(4) amended 1 January 1971 section 6 Age of Majority Act 1970 Section 19(4) proviso inserted 22 October 1963 Maori Community Development Amendment Act 1963 Section 19(6) inserted 17 December 1971 section 11 Maori Purposes Act 1971
20: Provisions as to retirement after elections
1: The term of office of every member of a Maori Committee shall expire with the day of the election on which his successor is elected.
2: Subject to the provisions of this Act, the term of office of every member of a Maori Executive Committee shall expire with 31 March in each year in which a triennial election is held.
3: Subject to the provisions of this Act, the term of office of every member of a District Maori Council shall expire with 30 April in each year when a triennial election is held.
4: Subject to the provisions of this Act, the term of office of every member of the New Zealand Maori Council shall expire with 31 May in each year when a triennial election is held.
21: Appointment of members of Maori Associations
1: During the month of March in each year in which a triennial election is held, every Maori Committee shall hold a meeting at which it shall appoint the appropriate number of its members to be members of the Maori Executive Committee for its Maori Executive area.
2: During the month of April in each year in which a triennial election is held, every Maori Executive Committee shall hold a meeting at which it shall appoint the appropriate number of its members to be members of the District Maori Council for its Maori Council district.
3: During the month of May in each year in which a triennial election is held, every District Maori Council shall hold a meeting at which it shall appoint the appropriate number of its members to be members of the New Zealand Maori Council.
4: Notice of all appointments under this section shall be given to the secretary of the New Zealand Maori Council who shall compile and keep a list of the members of the various Maori Associations. Any such list shall be available for inspection at any reasonable time.
5: Any member appointed to a Maori Executive Committee or a District Maori Council or the New Zealand Maori Council shall cease to be a member of the body to which he was appointed if he ceases to be a member of the body by which he was appointed and, in any such case, the appointing body may by resolution appoint another member in place of the person ceasing to be a member to hold office for the residue of the term for which that person was appointed.
6: Notwithstanding the provisions of this Act, where pursuant to this Act the number of Maori Committees, Maori Executive Committees, or District Maori Councils in any area or district is altered, each member of any Maori Executive Committee or District Maori Council or of the New Zealand Maori Council in office at the date of the alteration shall, unless his office becomes vacant otherwise than pursuant to the alteration in number as aforesaid, remain in office for the residue of the term for which he was appointed. Section 21(4) replaced 22 October 1963 Maori Community Development Amendment Act 1963
22: Vacancies in membership
With respect to vacancies in the membership of Maori Associations, the following provisions shall apply:
a: any member of a Maori Association may be removed from office by the Association of which he is a member for inability to perform the functions of the office provided that any person removed from office under this paragraph may appeal to the New Zealand Maori Council which may confirm or reverse the decision:
b: any vacancy in the membership of any Maori Association shall be filled in the same manner in which the election or appointment of the member whose office has become vacant was made:
c: any person elected or appointed to fill a vacancy under this section shall be elected or appointed to hold office for the unexpired term of his predecessor, and shall be eligible for reappointment:
d: the powers of any Maori Association shall not be affected by any vacancy in the membership thereof, or because of any person continuing to act as a member of any such body after he has ceased to be a member, or because of any defect or illegality in the appointment of any member. Section 22(a) replaced 22 October 1963 Maori Community Development Amendment Act 1963 Section 22(a) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
23: Meetings
With respect to meetings of Maori Associations, the following provisions shall apply:
a: each Maori Association shall meet at such times and at such places as the Association or the chairman thereof shall appoint:
b: at its first meeting each Maori Association shall elect one of its members to be chairman:
c: the chairman shall preside at all meetings of the body of which he is chairman at which he is present, and in the absence of the chairman from any meeting the members present thereat may elect one of their number to be the chairman of that meeting:
d: in case any member of any Maori Association is unable to attend a meeting of that Association, the Association by which he was appointed may appoint another of its members as his proxy at that meeting:
e: no business shall be transacted at any meeting of any Maori Association unless a quorum of not less than half its members is present:
f: all questions coming before any Maori Association shall be decided by a majority of the votes of the members present at the meeting, and in the case of an equality of votes the chairman shall have a casting vote as well as a deliberative vote:
g: all proceedings, decisions, and resolutions of any Maori Association shall be recorded in a minute book kept for the purpose:
h: subject to the provisions of this Act and of any regulations under this Act, every Maori Association may regulate its procedure in such manner as it thinks fit. Financial provisions
24: Contributions to funds
Any local authority or other public body, corporation sole, company, or other corporate body, trustee (including the Māori Trustee) or any other person may, unless expressly prohibited by any Act or by any instrument of trust, make to any Maori Association donations or gifts of money for the purpose of augmenting the funds of that Association.
25: Subsidies
1: Subject to any regulations under this Act, any expenditure by a Maori Committee or a Maori Executive Committee may, with the approval of the Minister, be subsidised out of money appropriated by Parliament for the purpose at a rate not exceeding 1 pound for 1 pound.
2: The provisions of subsection (1) may be extended to any association or body of persons whether incorporated or not, approved by the Minister in that behalf, and having for its principal object or one of its principal objects the promotion of the welfare of the Maori people or of any portion of the Maori people.
3: There shall be paid each year to the New Zealand Maori Council out of money appropriated by Parliament for the purpose such sum as is approved by the Minister. Section 25(3) inserted 27 November 1970 section 18 Maori Purposes Act 1970
26: Expenses of Councils and Committees
1: The New Zealand Maori Council may from time to time require each District Maori Council to make such contributions as may be required for the purpose of paying the costs and expenses of the administration of the New Zealand Maori Council, including the reasonable travelling expenses of its members.
2: Each District Maori Council may require each Maori Executive Committee in its district to make such contributions as may be required for the purpose of paying the costs and expenses of the administration of the District Maori Council.
3: Each Maori Executive Committee may require each Maori Committee in its area to make such contributions as may be required for the purpose of paying the costs and expenses of the administration of the Maori Executive Committee.
27: Money to be paid into bank
With respect to all money received by a Maori Association, the following provisions shall apply:
a: the money shall, as and when received, be paid into a bank or the Post Office Savings Bank to the credit of the Maori Association by which it was received:
b: no money shall be drawn from any such bank except by cheque or withdrawal form signed by 2 members of the Maori Association or by 1 member and the secretary of the Association: provided that the Minister if he thinks fit may in any case require that all cheques and withdrawal forms shall be countersigned by a person from time to time nominated by him.
28: Accounting records and financial reporting
1: With respect to the accounting records and financial reporting
a: every Maori Association shall cause accounting records to be
b: any member of any Maori Association may at any reasonable time inspect the accounting records
c: the accounting records chief executive
d: within 5 months after the end of each financial year, every Maori Association must ensure that financial statements that comply with generally accepted accounting practice are completed in relation to the Maori Association and that financial year:
e: every such financial statement must be audited by a qualified auditor appointed by the Maori Association concerned or by some other person approved in that behalf by the chief executive:
f: the New Zealand Maori Council must submit a copy of its audited financial statements to the chief executive:
g: each District Maori Council must submit a copy of its audited financial statements to the New Zealand Maori Council:
h: each Maori Committee and Maori Executive Committee must submit a copy of its audited financial statements to the District Maori Council in whose district it operates.
2: The auditor must, in carrying out an audit for the purposes of subsection (1)﻿(e), comply with all applicable auditing and assurance standards.
3: The auditor's report must comply with the requirements of all applicable auditing and assurance standards.
4: See sections 37 to 39
5: In this section,— applicable auditing and assurance standards section 5 financial statements section 6 generally accepted accounting practice section 8 qualified auditor section 35 Section 28 heading replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 28(1) amended 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 28(1)﻿(a) amended 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 28(1)﻿(b) amended 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 28(1)﻿(c) amended 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 28(1)﻿(c) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 28(1)﻿(d) replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 28(1)﻿(e) replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 28(1)﻿(f) replaced 29 November 2022 section 33 Māori Purposes Act 2022 Section 28(1)﻿(g) inserted 29 November 2022 section 33 Māori Purposes Act 2022 Section 28(1)﻿(h) inserted 29 November 2022 section 33 Māori Purposes Act 2022 Section 28(2) inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 28(3) inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 28(4) inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 28(5) inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
29: Disposal of assets on dissolution
1: If any Maori Committee is dissolved or ceases to function, the Maori Executive Committee for the area in which the Maori Committee operated shall notify the appropriate District Maori Council and the chief executive
2: If any Maori Executive Committee is dissolved or ceases to function, the District Maori Council for the district in which the Committee operated shall notify the chief executive
3: Any notification under subsection (1) or subsection (2) shall be published in the Gazette chief executive
4: Upon the publication of any such notice in the Gazette
5: The body in which any assets become vested under subsection (4) shall discharge the liabilities of the body in which the assets were formerly vested so far as the assets will extend and shall hold any residue for such purposes as may be authorised by this Act for the benefit of Maoris in its area or district. Section 29(1) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 29(2) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 29(3) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Prevention of unruly behaviour
30: Prevention of riotous behaviour
1: Any Maori who—
a: disturbs any congregation assembled for public worship, or any public meeting, or any meeting for any lecture, concert, or entertainment, or any audience at any theatre, whether or not a charge for admission has been made, or interferes with the conduct of any religious service in any church, chapel, burial ground, or other public building or place; or
b: in or in view of any public place as defined by section 40 of the Police Offences Act 1927 commits an offence against this Act.
2: Nothing in this section shall be construed to prevent a penalty being imposed on any person under the Criminal Procedure Act 2011 section 3 of the Police Offences Act 1927 Section 30(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
31: Prevention of drunkenness
A Maori Warden may at any reasonable time enter any licensed premises in any area where he is authorised to carry out his duties and warn the licensee or any servant of the licensee to abstain from selling or supplying liquor to any Maori who in the opinion of the Warden is in a state of intoxication, or is violent, quarrelsome, or disorderly, or is likely to become so, whether intoxicated or not, and if the licensee or any servant of the licensee thereafter on the same day supplies liquor to that Maori, the licensee and, if the servant had been warned by the Warden, the servant, commits an offence against this Act.
32: Maori may be ordered to leave hotel
1: A Maori Warden may at any reasonable time enter any licensed premises in any area where he is authorised to carry out his duties and order any Maori who appears to be intoxicated or partly intoxicated, or who is violent, quarrelsome, or disorderly, whether intoxicated or not, to leave the premises.
2: If the Maori refuses or fails to leave the premises when ordered to do so as aforesaid, he commits an offence against this Act and the Warden may request any constable constable Section 32(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
33: Disorderly behaviour at Maori gatherings
1: Any person, whether a Maori or not, who is under the influence of intoxicating liquor in any Maori meeting house or church or other building or meeting place where Maoris are assembled and who refuses to leave the same when requested so to do commits an offence against this Act.
2: Every person, whether a Maori or not, who having the control or management of any dance, meeting, tangi, hui, or other gathering of Maoris being held in any meeting place supplies intoxicating liquor to any person within the bounds of the meeting place or permits any such liquor to be taken into or consumed within the bounds of the meeting place, commits an offence against this Act.
3: Every person, whether a Maori or not, who, while at a dance, meeting, tangi, hui, or other gathering of Maoris is being held in a meeting place, drinks any intoxicating liquor within the bounds of the meeting place, or has any such liquor in his possession or control within the bounds of the meeting place or in the vicinity of the meeting place or supplies intoxicating liquor to any person in the meeting place commits an offence against this Act.
4: For the purposes of subsection (2) intoxicating liquor shall be deemed to be in the vicinity of a meeting place where a gathering of Maoris is being held if it is shown that the liquor was in the possession or control of any person attending or proceeding to attend the gathering, or was consumed or intended for consumption by any person so attending.
5: Any constable
6: Nothing in this section shall apply to prohibit the supply to any person of intoxicating liquor or the drinking or possession of any such liquor in any case where—
a: the liquor is bona fide required for medicinal purposes on the authority of a
b: the liquor is bona fide required for religious purposes; or
c: the liquor has been taken to and consumed in a meeting place in accordance with a permit given under this section.
7: Nothing in this section shall apply in relation to any liquor consumed in any dwellinghouse by persons for the time being resident therein or to any liquor in any licensed premises or shall be deemed to confer upon any constable
8: A Maori Committee for any area in which a meeting place is situated may, in respect of the meeting place, issue a written permit for the introduction of intoxicating liquor into the meeting place for the purpose of being consumed therein at any gathering of Maoris other than a gathering for the purposes of a dance. Any such permit shall prescribe the nature and place of the gathering and may contain such conditions as the Maori Committee thinks fit in respect of the supply and the consumption of liquor. A copy of every such permit shall be supplied to the senior constable
9: Nothing in this section shall be construed to prevent a penalty being imposed on any person under the Criminal Procedure Act 2011 section 59
10: In subsection (6)﻿(a), medical practitioner section 114(1)﻿(a) Section 33(5) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 33(6)﻿(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 33(7) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 33(8) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 33(9) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 33(10) inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
34: Prohibition orders against Maoris
Section 34 repealed 1 April 1990 section 230(1) Sale of Liquor Act 1989
35: Retention of car keys
1: Where any Maori Warden is of the opinion that any Maori who is for the time being in charge of any motor vehicle is, by reason of physical or mental condition, however arising, incapable of having and exercising proper control of the motor vehicle, he may—
a: forbid that Maori to drive the motor vehicle; or
b: require him to deliver up forthwith all ignition or other keys of the motor vehicle in his possession; or
c: take such steps as may be necessary to render the motor vehicle immobile or to remove it to a place of safety.
2: The powers conferred on Maori Wardens by subsection (1) may be exercised in respect of persons other than Maoris where any such person is in charge of a motor vehicle in or in the vicinity of a meeting place, or any other place where a gathering of Maoris is assembled for any lawful purpose.
3: Every person who fails to comply with any direction given to him under this section or who does any act that is for the time being forbidden under this section commits an offence against this Act: provided that no person shall be deemed to have committed an offence under this section unless the Maori Warden had reasonable grounds for believing that in all the circumstances of the case the direction or prohibition was necessary in the interests of the defendant or of any other person or of the public.
36: Imposition of penalties by Maori Committees
1: If a Maori Committee is satisfied that an offence has been committed by a Maori against section 30 section 32 section 33 section 35 under the Criminal Procedure Act 2011 provided that no penalty shall be imposed by a Maori Committee under this subsection if the person charged elects to be dealt with under the Criminal Procedure Act 2011
2: No person shall have a penalty imposed on him under this section for an offence in respect of which proceedings have Criminal Procedure Act 2011 Criminal Procedure Act 2011
3: For the purpose of investigating any offence referred to in subsection (1) and determining the amount of the penalty, a Maori Committee may, subject to any directions of the Minister, adopt such form of procedure as it may think suitable: provided that a Committee shall not impose any penalty on an offender without giving him a reasonable opportunity of being heard in his own defence.
4: In any case where a person fails to pay any penalty duly imposed by a Maori Committee under this section, the amount of the penalty shall be recoverable in the District Court provided that that person may defend the proceedings, and in any such case the matter shall be reheard by the court which in its discretion may give judgment for the plaintiff for the amount of the penalty or such less amount as it thinks fit or may give judgment for the defendant.
5: The amount of any penalties imposed by a Maori Committee under this section shall be paid to the Committee and shall form part of its funds.
6: The amount of any penalty imposed under the Criminal Procedure Act 2011 provided that there shall be deducted from the amount of any such penalty and credited to the Ordinary Revenue Account of the Consolidated Fund an amount equal to 5% of the penalty. Section 36(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36(1) proviso amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36(4) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 36(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous provisions
37: Associations to be bodies corporate
Every Maori Association shall be a body corporate with perpetual succession and a common seal, and shall be capable of holding real and personal property, and of suing and being sued, and of doing and suffering all such other acts and things as bodies corporate may do and suffer.
38: Contracts by Associations
1: Any contract which, if made between private persons, must be by deed shall, if made by a Maori Association, be in writing under the seal of the Association.
2: Any contract which, if made between private persons, must be in writing signed by the parties to be charged thereby shall, if made by a Maori Association, be either under the seal of the Association or signed by 2 members of the Association on behalf of and by direction of the Association.
3: Any contract which, if made between private persons may be made orally without writing may be similarly made by or on behalf of a Maori Association by any member thereof, but no oral contract shall be made involving the payment by the Association of a sum exceeding 20 pounds.
4: Notwithstanding anything to the contrary in the foregoing provisions of this section, no contract made by or on behalf of a Maori Association shall be invalid by reason only that it was not made in the manner provided by this section if it was made pursuant to a resolution of the Maori Association or to give effect to a resolution of the Maori Association.
39: Authentication of documents
1: All instruments or documents issued or authorised by a Maori Association shall, except as may be otherwise specially provided by this Act or by any regulations thereunder, be signed on behalf of the Association by at least 2 members thereof on behalf of and by direction of the Association and shall be sealed with the seal of the Association in their presence.
2: Every instrument or document 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.
40: Associations may acquire land
Any Maori Association may Section 40 amended 22 October 1963 Maori Community Development Amendment Act 1963 Section 40 amended 22 October 1963 Maori Community Development Amendment Act 1963
40A: Property of former Maori Tribal Committees and Maori Tribal Executive Committees
1: All the real and personal property which was on 1 January 1963 vested in any Maori Tribal Committee or in any Maori Tribal Executive Committee shall as from that date, without the necessity of any instrument of transfer or other assurance, be transferred to and vest in the corresponding Maori Committee or Maori Executive Committee under this Act.
2: Where any property transferred as aforesaid consists of land or any interest in land, or of any mortgage or encumbrance of land, any security over stock or chattels, any lien, bonds, stocks, shares, debentures, or any like security, it shall be the duty of every Registrar of Deeds, District Land Registrar, Registrar of the High Court Section 40A inserted 28 October 1965 section 12 Maori Purposes Act 1965 Section 40A(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979
41: Members of Maori Associations not personally liable
No member of a Maori Association shall be personally liable for any act done or omitted by the Association or by any member thereof in good faith in pursuance or in intended pursuance of the powers and authority of the Association.
42: Penalties
Every person who commits an offence against this Act for which no penalty is specifically provided shall be liable on Section 42 amended 1 July 2013 section 413 Criminal Procedure Act 2011
43: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: providing for elections of members of Maori Committees:
b: prescribing procedures at meetings of Maori Associations:
c: providing for the method of appointment of members and officers of Maori Committees, Maori Executive Committees, and District Maori Councils to the appropriate Maori Association under this Act:
d: providing for the payment of expenses and travelling allowances to members of Maori Associations:
e: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
2: Any regulations under this Act may apply to the whole of New Zealand or any part or parts thereof, or may make different provision for different parts of New Zealand.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 43(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
44: Repeals
The enactments specified in the Schedule