Te Ture Whenua Maori Amendment Act 2001

1: Title
1: This Act is both—
a: Te Ture Whenua Maori Amendment Act 2001; and
b: the Maori Land Amendment Act 2001.
2: In this Act, Te Ture Whenua Maori Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation of English terms
1: Section 4 paragraph (c)(iv) alienation years (including any term or terms of renewal)
2: Section 4 order order
a: means—
i: an order, judgment, decision, or determination of the Maori Land Court or the Maori Appellate Court; and
ii: an order made by a Registrar in the exercise of a jurisdiction or power pursuant to section 39(1)
iii: an order made by the Chief Judge under section 44
b: includes a refusal to make an order, judgment, decision, or determination of a kind referred to in paragraph (a)(i) or paragraph (a)(ii) or paragraph (a)(iii) .
4: New
section 24A The principal Act is amended by inserting, after section 24
24A: Powers of Court under
Contracts (Privity) Act 1982 Contractual Remedies Act 1979
1: Subject to subsection (2)
a: by the Contracts (Privity) Act 1982
b: by any of the provisions of sections 4, 7(6), 7(7), and 9 of the Contractual Remedies Act 1979
2: A power conferred on the Court by subsection (1) section 7(1) of the Contracts (Privity) Act 1982 section 7(6) or section 9 of the Contractual Remedies Act 1979 section 18(1)(d) of this Act
5: Power of Court to make order to restore effect of lost instruments of alienation
Section 25 subsection (3)
3: Instead of or in addition to making an order declaring the nature and effect of the instrument, the Court may, on an application under this section, make an order vesting land or an interest in land to which the instrument related in—
a: any person or persons claiming under the instrument; or
b: any other person or persons claiming under or through the person or persons specified in paragraph (a)
6: New section 30A inserted
Section 6 repealed 1 July 2002 59(2) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002
7: Chief Judge may correct mistakes and omissions
1: Section 44(1) the Court or a Registrar (including an order made by a Registrar before the commencement of this Act)
2: Section 44(4) Part V Part VI
8: Appointment of receiver to enforce charges, etc
Section 83(6) years (including any term or terms of renewal)
9: Court not to grant confirmation unless satisfied of certain matters
Section 152(1)(g) longer (including any term or terms of renewal)
10: New
section 228
1: The principal Act is amended by repealing section 228
228: Trustees' powers of alienation
1: Despite anything in the trust order, but subject to subsection (2) section 243(7) section 6 of the Maori Affairs Amendment Act 1967
a: at least three-quarters of the owners, where no owner has a defined share in the land; or
b: the persons who together own at least 75% of the beneficial freehold interest in the land.
2: Subsection (1) and section 147(2)
3: Every alienation of any land (being Maori freehold land or land that ceased to be Maori land by reason of the registration of a status declaration issued under section 6 of the Maori Affairs Amendment Act 1967 Part VIII
2: Section 13 Te Ture Whenua Maori Amendment Act 1994
11: Acquisition of land by trustees
Section 243(7) land, (other than Maori freehold land or land that ceased to be Maori land by reason of the registration of a status declaration issued under section 6 of the Maori Affairs Amendment Act 1967
12: Incorporation's powers of alienation
Section 254(1)(a)(ii) years (including any term or terms of renewal)
13: Certain instruments require noting by Registrar
Section 255(b)(i) years (including any term or terms of renewal)
14: Disposal of land on winding up of incorporation
Section 283(2 years (including any term or terms of renewal)
15: Aggregation orders
1: Section 308(4) The Subject to subsection (5)
2: Section 308
5: Despite subsection (4) subsections (6) and (7) section 293
6: Where land that will be affected by the cancellation of an aggregation order is—
a: land in respect of which a trust is constituted under Part XII
b: land vested in a Maori incorporation,— the Court may not exercise the power conferred on the Court by subsection (5)
7: The Court may not, under section 293(1) subsection (5)
16: Maori reservations for communal purposes
1: Section 338(12) years (including any term or terms of renewal)
2: Section 338(14) years (including any term or terms of renewal)
17: Maori reservations for communal purposes
1: Section 338(8) in accordance with , and be subject to,
2: Section 338 subsection (17)
17: Where any Maori reservation (set apart under any Act repealed by this Act or the corresponding provisions of any former Act) is subsisting at the commencement of this Act, this Act, and any regulations made under this Act, have effect,—
a: in relation to the Maori reservation, as if it were a Maori reservation set apart under this section; and
b: in relation to any vesting order made in respect of the Maori reservation (under any Act repealed by this Act or the corresponding provisions of any former Act), as if that vesting order were a vesting order made under this section.
18: New
section 338A The principal Act is amended by inserting, after section 338
338A: Regulations relating to trustees of Maori reservations
1: Regulations made under section 338(15)
a: specify—
i: terms for which those trustees or any of them are to be appointed:
ii: circumstances in which those trustees or any of them cease to hold office:
iii: circumstances in which those trustees or any of them may be removed from office by the Court:
iv: powers, authorities, and discretions that may be exercised by those trustees (in addition to those conferred on them by this Act) and the manner in which those trustees or any of them may exercise their powers, authorities, and discretions (including those conferred on them by this Act or the Trustee Act 1956
v: powers, authorities, and discretions conferred by the Trustee Act 1956
vi: conditions that must be complied with by those trustees:
b: authorise the Court to exercise in relation to those trustees (but not to the exclusion of the High Court) any of the powers and authorities conferred on the High Court by the Trustee Act 1956
2: Nothing in subsection (1)
a: the powers of the Court under section 338(8)
b: the generality of section 338(15)
19: Maori Reservations Regulations 1994
1: Subject to subsections (2) to (4) Maori Reservations Regulations 1994
2: Regulation 3 Maori Reservations Regulations 1994 paragraph (d)
3: Despite subsection (2)
a: the action of any person, in vacating office before the commencement of this Act, in accordance with regulation 3(d) Maori Reservations Regulations 1994
b: the action of any person, in declining to vacate office in accordance with regulation 3(d) Maori Reservations Regulations 1994
c: the action of the Court, in appointing any person as a trustee of a Maori reservation in the place of a person who has, before the commencement of this Act, vacated office in accordance with regulation 3(d) Maori Reservations Regulations 1994
4: Despite subsections (2) (3) regulation 3(d) Maori Reservations Regulations 1994
a: to be reinstated in office; or
b: to receive any compensation for loss of office by reason of his or her vacation of office in accordance with regulation 3(d)