Maori Soldiers Trust Act 1957

1: Short Title and commencement
1: This Act may be cited as the Maori Soldiers Trust Act 1957.
2: This Act shall come into force on 1 April 1958.
2: Interpretation
In this Act, unless the context otherwise requires,— district committee section 12 financial year General Account Maori Maori veteran Minister Scholarship Fund Account Soldiers Fund Account Trust Trust Committee
1: The Maori Soldiers Trust
3: Establishment of Maori Soldiers Trust
1: All the property, both real and personal, which, at the commencement of this Act, is held by the Maori Trustee as assets of the Fund vested in him by section 23 of the Appropriation Act 1925
2: Subject to the provisions of this Act, the Maori Trustee shall have, in addition to the powers and authorities expressly conferred upon him thereby, power and authority to do all such things as he considers necessary for the due administration of the Trust.
3: Without limiting the authority conferred on the Maori Trustee by subsection (2), it is hereby declared that he may, with the prior approval of the Trust Committee, borrow money for the general purposes of the Trust upon the security of any property held by him on behalf of the Trust. Section 3(3) inserted 14 December 1962 section 9 Maori Purposes Act 1962
4: Separate accounts established
The money which, in accordance with section 3
a: a General Account, comprising such money as in the opinion of the Maori Trustee should be retained as a reserve fund for farming and other operations conducted by him for the purposes of the Trust pursuant to sections 6 7
b: an account, to be called the Sir Apirana Ngata Memorial Scholarship Fund Account, comprising all money heretofore held in the scholarship fund established pursuant to section 26
c: an account, to be called the Maori Soldiers Fund Account, comprising the residue of the money held for the purposes of the Trust.
5: Accounting provisions
1: All money accruing as a result of the exercise by the Māori Trustee sections 6 7
2: All money expended by the Māori Trustee sections 6 7
3: At the end of each financial year the amount which shall be retained in the General Account shall be determined by the Trust Committee, and the Māori Trustee
4: Any interest payable by the Māori Trustee
5: Nothing in this Act shall be construed to prevent the application of money from any account established under this Act in payment of fees and commission charged by the Māori Trustee Maori Trustee Act 1953
6: In addition to any payments to the Māori Trustee section 15 Māori Trustee sections 9 10 section 11 Section 5(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 5(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 5(3) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 5(4) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 5(5) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 5(6) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009
5A: Investment otherwise than in
Māori
1: Despite sections 4 5 section 24 Māori Trustee Māori Trustee's
2: The care, diligence, and skill that a prudent person of business would exercise in managing the affairs of others must be exercised—
a: by the Trust Committee in giving directions under section 24
b: subject to directions given by the Trust Committee, by the Māori Trustee Section 5A inserted 11 April 2001 section 3 Maori Soldiers Trust Amendment Act 2001 Section 5A heading amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 5A(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 5A(2)﻿(b) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009
6: Farming and development of Trust property
1: The Maori Trustee may, for the benefit of the Trust, occupy and manage as a farm the whole or any part of the freehold and leasehold interests in land held by him for the purposes of the Trust, and shall have all such powers as may be necessary for or incidental to the effective management of any such farm.
2: Without limiting the general provisions hereinbefore contained, the Maori Trustee shall have and may exercise, for the purposes of the management or administration of any such farm, the following powers:
a: he may carry out works for the improvement or development of the land comprised in the farm:
b: he may acquire and dispose of any stock and chattels:
c: he may, with the prior approval of the Trust Committee, borrow money upon the security of any property held by him for the purposes of the Trust.
7: Acquisition and disposition of land
1: The Maori Trustee, upon the recommendation of the Trust Committee and with the consent of the Minister, may acquire for the purposes of the Trust any land or interests in land.
2: The Maori Trustee may from time to time lease any portions of the land held by him for the purposes of the Trust, which in his opinion are not suitable or necessary for use as a part of any farm managed by him under this Act, and may, upon the recommendation of the Trust Committee and with the consent of the Minister, sell any land, or interests in land, held by him for the purposes of the Trust.
2: The Maori Soldiers Trust Committee
8: Maori Soldiers Trust Committee
1: For the purposes of this Act there is hereby established a committee to be called the Maori Soldiers Trust Committee.
2: The Trust Committee shall consist of—
a: the Minister, who shall be the chairman:
b: the Maori Trustee, who shall be the deputy chairman:
c: such number of members of the Maori race, to be appointed from time to time by the Minister, as is necessary to give each Maori Land Court District for the time being defined by an Order in Council, made pursuant to section 23 of the Maori Affairs Act 1953 Gazette provided that, for the purposes of this paragraph, the South Island and the Ikaroa Maori Land Court Districts may be treated as 1 district only.
3: The members appointed pursuant to paragraph (c) of subsection (2) shall, as far as practicable, be Maori veterans or, in the alternative, persons who have at any time served overseas as members of the armed forces of the Crown, and the Minister, in appointing any such members, shall give effect to any nominations made in that behalf by a general meeting of Maori veterans.
4: Subject to the provisions of this section, every member of the Committee appointed under paragraph (c) of subsection (2) shall be appointed for a term of 2 years but any member retiring from office may from time to time be reappointed.
4A: At the expiration of 3 years after the date of the initial appointment of any such members in office at the commencement of this subsection, 3 of those members, who shall be selected by the Committee by unanimous vote of the Committee or, failing any such vote, by lot, shall retire from office. At the end of the next succeeding year the remaining 3 members shall retire and thereafter the members shall retire at the expiration of 2 years after the date of their appointment.
4B: Any such member may be removed from office by the Minister for inability to perform the functions of the office
5: For the purpose of advising the Trust Committee with respect to the expenditure of money from the Scholarship Fund, the Trust Committee may invite to any of its meetings the Secretary for Education the chairman of the University Grants Committee
6: The powers of the Trust Committee shall not be affected by any vacancy in the membership thereof. Section 8(2)﻿(c) replaced 14 December 1962 section 10 Maori Purposes Act 1962 Section 8(2)﻿(c) amended 27 November 1970 section 15(1) Maori Purposes Act 1970 Section 8(4) replaced 22 October 1959 section 35 Maori Purposes Act 1959 Section 8(4A) inserted 22 October 1959 section 35 Maori Purposes Act 1959 Section 8(4B) inserted 22 October 1959 section 35 Maori Purposes Act 1959 Section 8(4B) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Section 8(5) amended 1 August 2020 section 668 Education and Training Act 2020 Section 8(5) amended 1 January 1962 Universities Act 1961
9: Application of money in Soldiers Fund Account
1: The Trust Committee shall administer the Soldiers Fund Account for the benefit of Maori veterans and their dependants.
2: Without limiting the general provisions contained in subsection (1), the Trust Committee may, from time to time, authorise the payment of money from the Soldiers Fund Account for all or any of the following purposes:
a: the relief, assistance, and support of Maori veterans and their dependants:
b: the making of grants towards the funeral and tangi expenses of Maori veterans:
c: the making of grants towards the expenses of any general meeting or gathering of Maori veterans.
3: For the purposes of this section the term dependants
10: Application of money in Scholarship Fund Account
1: The Trust Committee shall administer the Scholarship Fund Account for the purpose of promoting the higher education of Maoris and in so doing shall, wherever practicable, give preference to the descendants of Maori veterans.
2: Without limiting the general provisions hereinbefore contained, the Trust Committee may, from time to time, authorise the payment of money from the Scholarship Fund Account for all or any of the following purposes:
a: the provision of post-graduate scholarships to Maoris holding university degrees enabling them to continue their studies, or to conduct special research, either in New Zealand or elsewhere:
b: the payment of travelling expenses to holders of post-graduate scholarships and the making of grants to meet the expenses of the wife , husband, civil union partner, de facto partner,
c: the making of grants to Maoris, other than the holders of post-graduate scholarships, for the purpose of assisting any person to whom any such grant is made to carry out any special research or study:
d: the making of grants to schools or other institutions for the purpose of furthering the higher education of Maoris:
e: the granting of bursaries to Maoris for the purpose of assisting them to obtain university degrees:
f: any other purpose which, in the opinion of the Trust Committee, will promote the higher education of Maoris.
3: The Trust Committee may prescribe such conditions as it thinks fit in respect of the grant of any scholarship or monetary grant under this section. Section 10(2)﻿(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
11: Trust Committee may authorise transfers between Soldiers Fund Account and Scholarship Fund Account
1: The Trust Committee may, from time to time, authorise the transfer from the Soldiers Fund Account to the Scholarship Fund Account, of any money which in its opinion is in excess of that reasonably required for future expenditure under section 9
2: The Trust Committee, if there are, in its opinion, insufficient funds available in the Soldiers Fund Account for expenditure under section 9
12: Appointment by Trust Committee of district committees
1: The Trust Committee may, from time to time, as it thinks fit, appoint district committees to advise and assist it in the exercise of its powers and functions within specified districts or areas.
2: Each district committee shall include in its membership an officer of the Maori Trust Office nominated by the Maori Trustee, and each officer so nominated shall be the chairman of the district committee to which he is appointed.
3: In addition to the chairman, a district committee shall consist of such number of members, not exceeding 4, as may be fixed by the Trust Committee, who shall, as far as practicable, be Maori veterans or, in the alternative, persons who have at any time served overseas as members of the armed forces of the Crown.
4: The Trust Committee may at any time dissolve any district committee or, subject to the foregoing provisions of this section, may change the constitution thereof.
5: All district committees established under subsection (6) of section 26 of the Maori Purposes Act 1953 and in existence at the commencement of this Act, shall be deemed to be district committees appointed under this section.
13: Delegation
1: The Trust Committee may at any time, by resolution, delegate to the Maori Trustee or to any district committee any powers or functions conferred on the Trust Committee by this Act, other than the power of delegation conferred by this section, and the powers conferred by section 11
2: In the exercise of any power or function delegated under this section, the delegate shall comply with any directions given by the Trust Committee.
3: Every resolution delegating any powers or functions under this section shall specify in full the powers or duties delegated and no such delegation shall empower a district committee to authorise the making of any one payment in excess of 50 pounds.
4: The fact that the Trust Committee has delegated any of its powers or functions shall not prevent the Trust Committee from itself exercising any such powers or functions.
5: The exercise by any delegate of any power or function delegated under this section shall have the same effect in all respects as if that power or function had been exercised by the Trust Committee.
6: Any delegation under this section may be at any time varied or revoked, in whole or in part, by the Trust Committee.
3: General provisions
14: Meetings
1: Meetings of the Trust Committee or of any district committee shall be held at such times and places as the chairman appoints for the purpose or as any such body by resolution directs.
2: The chairman shall preside at any such meeting at which he is present. In the absence of the chairman the deputy chairman (if any) shall preside and, in the absence of both the chairman and the deputy chairman, the members present shall appoint one of their number to preside at that meeting.
3: The Maori Trustee or, in the case of a district committee, the chairman, if he is unable to attend any such meeting, may nominate in writing some person, being an officer of the Maori Trust Office, to attend the meeting in his stead, and any such person shall be deemed a member for the purposes of the meeting.
4: At all meetings of the Trust Committee 5 members shall form a quorum, and at all meetings of any district committee 3 members shall form a quorum.
5: At any such meeting all questions shall be decided by a majority of the valid votes recorded thereon.
6: At any such meeting the person presiding shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
7: A resolution in writing signed, or assented to by letter or telegram, by such number of members of any committee as constitutes a quorum of that committee shall be as valid and effectual as if it had been passed at a meeting of any such committee duly called and constituted.
8: Subject to the provisions of this Act each body to which this section applies may regulate its procedure in such manner as it thinks fit.
15: Fees and travelling allowances
1: The Trust Committee 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 the Soldiers Fund Account to the members of the Trust Committee (other than the Minister) and to the members of any district committee remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
16: Yearly statements of account
1: At the close of each financial year the Maori Trustee shall cause to be prepared for that year a balance sheet showing the assets and liabilities held for the purposes of the Trust with an account of his income and expenditure in connection with the administration of the Trust.
2: The Trust is a public entity as defined in section 4
3: A copy of each such balance sheet and account, together with a report of the activities of the Trust Committee for the year, shall be made available for public inspection at all offices of the Department of Maori Affairs. Section 16(2) replaced 1 July 2001 section 53 Public Audit Act 2001
17: Repeals and savings
1: Amendment(s) incorporated in the Act(s)
2: Without limiting the provisions of the Acts Interpretation Act 1924