Maori Trust Boards Act 1955

1: Short Title and commencement
1: This Act may be cited as the Maori Trust Boards Act 1955.
2: This Act shall come into force on 1 January 1956.
2: Interpretation
1: In this Act, unless the context otherwise requires,— accounting period
a: a period of 1 year ending on the Board's balance date; or
b: if the Board's balance date changes, the period starting on the day after the last balance date before the change and ending on the new balance date adult beneficiary balance date
a: the end of 31 March; or
b: the end of another date that the Board adopts as its balance date, as long as a balance date is never more than 15 months after the last balance date beneficiary committee section 20 electronic voting system Maori Maori Trust Board Board Part 1 Minister
2: Section 2(1) accounting period inserted 16 September 2011 section 4(1) Maori Trust Boards Amendment Act 2011 Section 2(1) adult beneficiary inserted 23 May 2008 section 4(1) Maori Trust Boards Amendment Act 2008 Section 2(1) balance date inserted 16 September 2011 section 4(1) Maori Trust Boards Amendment Act 2011 Section 2(1) electronic voting system inserted 29 November 2022 section 22(1) Māori Purposes Act 2022 Section 2(1) Minister replaced 29 November 2022 section 22(2) Māori Purposes Act 2022 Section 2(2) repealed 16 September 2011 section 4(2) Maori Trust Boards Amendment Act 2011
1: Constitution of Maori Trust Boards
Aorangi Maori Trust Board
3: Aorangi Maori Trust Board
1: The trustees appointed under section 62 of the Maori Purposes Act 1950 and in office at the commencement of this Act are hereby constituted a Maori Trust Board to be known as the Aorangi Maori Trust Board.
2: All the real and personal property held by the trustees upon trusts declared pursuant to the said section 62, of whatsoever nature and wheresoever situate, shall, on the commencement of this Act, without the necessity of any instrument of transfer or other assurance, be transferred to and vest in the Board, which shall administer all such property in accordance with the provisions of this Act.
3: The beneficiaries of the Board are hereby declared to be the persons determined by the Maori Land Court by an order dated 21 August 1925 to be entitled to the money referred to in subsection (4) of the said section 62 and the descendants of those persons.
4: Every trustee appointed as aforesaid in office at the commencement of this Act shall be deemed to have been appointed as a member of the Board for a term expiring on 31 July 1956. Arawa Maori Trust Board Heading repealed 26 September 2006 section 96(2) Te Arawa Lakes Settlement Act 2006
4: Arawa Maori Trust Board
Section 4 repealed 26 September 2006 section 96(2) Te Arawa Lakes Settlement Act 2006 Aupouri Maori Trust Board Heading repealed 17 December 2015 section 206(2) Te Aupouri Claims Settlement Act 2015
5: Aupouri Maori Trust Board
Section 5 repealed 17 December 2015 section 206(2) Te Aupouri Claims Settlement Act 2015 Ngaitahu Maori Trust Board Heading repealed 24 April 1996 section 34(1) Te Runanga o Ngai Tahu Act 1996
6: Ngaitahu Maori Trust Board
Section 6 repealed 24 April 1996 section 34(1) Te Runanga o Ngai Tahu Act 1996
6A: Ngati Whatua o Orakei Maori Trust Board
Section 6A repealed 1 February 2013 section 101 Ngāti Whātua Ōrākei Claims Settlement Act 2012 Tainui Maori Trust Board Heading repealed 30 April 1999 section 28(4)﻿(a) Waikato Raupatu Claims Settlement Act 1995
7: Tainui Maori Trust Board
Section 7 repealed 30 April 1999 section 28(4)﻿(a) Waikato Raupatu Claims Settlement Act 1995 Taitokerau Maori Trust Board
8: Taitokerau Maori Trust Board
1: The body corporate constituted pursuant to section 28
2: The beneficiaries of the Board are hereby declared to be the members of the Ngatiwhatua, Ngapuhi, Te Rarawa, Ngatikahu, and Te Aupouri tribes of North Auckland, and their descendants. Taranaki Maori Trust Board
9: Taranaki Maori Trust Board
1: The body corporate constituted as a Board of Management under section 49
2:
3: The beneficiaries of the Board are hereby declared to be members of the Atiawa, Ngati Tama, Ngati Mutunga, Ngati Maru, Ngati Ruanui, Ngaruahine, Taranaki, and Ngarauru tribes, and their descendants. Section 9(2) repealed 29 November 2022 section 23 Māori Purposes Act 2022
9A: Tuhoe-Waikaremoana Section 9A repealed 28 July 2014 section 107 Tūhoe Claims Settlement Act 2014 Tuwharetoa Maori Trust Board
10: Tuwharetoa Maori Trust Board
1: The body corporate constituted by section 16 section 55 (the Board
2: Without further appropriation than this section, the sum of $1,500,000, or a greater or lesser sum that is agreed between the Crown and the Board, in accordance with the deed defined in subsection (3), must be paid out of public money to the Board on 1 July in each year.
3: In subsection (2), deed Crown
4: The beneficiaries of the Board are hereby declared to be the members of the Tuwharetoa tribe and their descendants. Section 10(1) amended 23 May 2008 section 5(1) Maori Trust Boards Amendment Act 2008 Section 10(2) replaced 23 May 2008 section 5(2) Maori Trust Boards Amendment Act 2008 Section 10(3) replaced 23 May 2008 section 5(2) Maori Trust Boards Amendment Act 2008 Wairoa-Waikaremoana Heading amended 17 December 1971 section 6(2) Lake Waikaremoana Act 1971
11: Wairoa-Waikaremoana
1: The body corporate constituted pursuant to section 29 Wairoa-Waikaremoana Maori Trust Board
2: The beneficiaries of the Board are hereby declared to be the members of the Ngati Kahungunu tribe residing in the Borough of Wairoa or the County of Wairoa together with the persons (wherever resident) whose names are comprised in the Ngati Kahungunu portion of the list of owners of Lake Waikaremoana, as certified by the Registrar of the Maori Land Court pursuant to subsection (3) of section 9
3: The sum of 20,000 pounds
4: Any investment made pursuant to subsection (3) may, with the approval of the Minister, be converted into money for expenditure by the Board on purposes approved by him. Section 11 heading amended 17 December 1971 section 6(2) Lake Waikaremoana Act 1971 Section 11(1) amended 17 December 1971 section 6(2) Lake Waikaremoana Act 1971 Section 11(2) replaced 20 October 1972 section 15(1) Maori Purposes Act 1972 Whakatohea Maori Trust Board
12: Whakatohea Maori Trust Board
1: The body corporate constituted pursuant to section 26
2: The beneficiaries of the Board are hereby declared to be the members of the Whakatohea tribe and their descendants.
2: General provisions relating to Maori Trust Boards
13: Boards to be bodies corporate
Each Board 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 lawfully do and suffer.
14: Membership of Boards
1: Each Board shall consist of such number of members as may be prescribed by regulations under this Act.
2: The members of each Board shall, from time to time, be appointed by the Governor-General who, subject to the provisions of this Act, shall appoint those members elected by the beneficiaries of the Board in accordance with this Act.
3: No person shall be appointed as a member of a Board who is—
a: a person who is subject to a personal order or a property order made under the Protection of Personal and Property Rights Act 1988 section 32 33
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 6 months or longer, unless he has received a free pardon or has served his sentence or otherwise suffered the penalty imposed upon him.
4: No person shall be capable of being elected or appointed to be, or of being, a member of a Board unless he is, in relation to that Board, a beneficiary.
5: Where the members of a Board are to be elected or appointed to represent different sections or divisions of the beneficiaries, no beneficiary shall be capable of being elected or appointed to be, or of being, a member representing a particular section or division unless he himself belongs to that section or division.
6: Where a person is qualified to belong to more than 1 section or division of the beneficiaries, he shall not be capable of being elected or appointed to be, or of being, a member representing a section or division other than the one in which he elects to be enrolled in accordance with section 42(6) Section 14(3)﻿(a) replaced 10 September 2008 section 8(2) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 14(4) inserted 1 October 1983 Maori Trust Boards Amendment Act 1983 Section 14(5) inserted 1 October 1983 Maori Trust Boards Amendment Act 1983 Section 14(6) inserted 1 October 1983 Maori Trust Boards Amendment Act 1983
15: Term of office of members
1: The members of each Board in office at the commencement of this Act shall, subject to the provisions of this Act, continue in office for the residue of the term for which they were appointed.
2: Except as otherwise provided by this or any other Act, every member of a Board shall be appointed for a term of 3 years, and any member may from time to time be reappointed.
3: Notwithstanding anything to the contrary in this Act, every member of a Board, unless he sooner vacates his office, shall continue to hold office until his successor comes into office.
16: Extraordinary vacancies
1: Any member of a Board may at any time be removed from office by the Governor-General for inefficiency, inability to perform the functions of the office the Board
1A: If a Board receives the resignation in writing of a member, it must notify the Minister as soon as practicable after receipt of the resignation.
2: If any member dies, or resigns, or is removed from office, his office shall become vacant, and the vacancy shall be deemed to be an extraordinary vacancy.
3: In the case of an extraordinary vacancy the Governor-General may appoint some qualified person to be a member of the Board for the residue of the term for which the vacating member was appointed: provided that any member appointed under this subsection shall not be elected in the manner provided in this Act for the filling of vacancies caused by the expiry of the term of office of members.
4: The powers of a Board shall not be affected by any vacancy in the membership thereof. Section 16(1) amended 29 November 2022 section 24(1) Māori Purposes Act 2022 Section 16(1) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Section 16(1A) inserted 29 November 2022 section 24(2) Māori Purposes Act 2022
17: Appointment of Chairman and Deputy Chairman
1: At the first meeting of each Board following the triennial appointment of its members or following the vacation of office by the Chairman, the Board shall appoint from among its members a Chairman, and may, if it thinks fit, appoint from among its members a Deputy Chairman.
2: Any person appointed as the Chairman or Deputy Chairman of a Board shall hold office, while he continues to be a member of the Board, until the appointment of his successor in accordance with this section, and may be reappointed.
3: The Deputy Chairman may act for and shall have all the powers of the Chairman during such time as the Chairman, in the opinion of the Board, is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office.
18: Meetings of Board
1: The first meeting of any Board constituted after the commencement of this Act shall be held on a day to be appointed in that behalf by the Minister.
2: Except as provided by subsection (1), meetings of each Board shall be held at such times and places as the Board from time to time appoints: provided that the first meeting of any Board following the triennial appointment of its members shall be held at such time and place as the Secretary, after consultation with a quorum of the members, appoints, being not later than 2 months after the date of the appointment of its members as aforesaid.
3: The Minister or the Chairman may at any time call a special meeting of a Board, and any 3 members of a Board may at any time by notice in writing request the Chairman to call a special meeting of the Board, and thereupon the Chairman shall call a special meeting of the Board, to be held no later than 1 month after the day he received the notice.
4: At all meetings of a Board a quorum shall consist of half of the number of members, or, where the number of members is not a multiple of 2, of half of the next highest number which is a multiple of 2.
5: The Chairman shall preside at all meetings of the Board at which he is present.
6: If within half an hour after the time for which any meeting of a Board has been appointed, whether by summons or by adjournment, a quorum is not present, the member or members present, or if no member is present, an officer of the Board, may adjourn the meeting to such time and place as is thought fit.
7: In the absence of the Chairman from any meeting of a Board the Deputy Chairman, if one has been appointed and if he is present, shall preside. In the absence from any meeting of both the Chairman and the Deputy Chairman the members present shall appoint one of their number to preside.
8: At any meeting of a Board the person presiding shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
9: All questions before a Board shall be decided by a majority of the valid votes recorded thereon.
10: Subject to the provisions of this Act and of any regulations thereunder, each Board may regulate its procedure in such manner as it thinks fit.
11: The proceedings and resolutions of each Board shall be recorded in a minute book to be kept for the purpose.
19: Officers of Board
1: Each Board may from time to time, subject to the approval of the Minister, appoint a fit and proper person, who may be a member of the Board, to act as Secretary of the Board, and, with the like approval, may at any time remove the Secretary from office.
2: The Secretary shall have all such powers and duties as the Board from time to time determines, and shall at all times conform to the directions of the Board.
3: Each Board may, from time to time, appoint such other officers and workmen as it may think necessary or expedient, and may, from time to time, dismiss any such officers and workmen.
4: All employees of a Board shall be paid such salaries, wages, or allowances as the Board from time to time determines: provided that the rate of remuneration of the Secretary shall be fixed only with the prior approval of the Minister.
19A: Gratuities payable on retirement or death of employees
1: On the retirement from the service of any Board of any employee whose total length of service with the Board has been not less than 10 years, the Board may, with the prior approval of the Minister, pay to him, by way of gratuity, an amount not exceeding an amount equal to 6 months' pay at the rate payable to him at the time of his retirement.
2: On the death of any such employee (whether before or after his retirement but before he has received a gratuity under subsection (1)) the Board may, with the prior approval of the Minister, pay to his dependants or any of them, by way of gratuity, an amount not exceeding an amount equal to 6 months' pay at the rate payable to him at the time of his retirement or (if he died before retirement) at the time of his death. Section 19A inserted 17 December 1968 section 13(1) Maori Purposes Act 1968 Committees
20: Board may appoint committees
1: Each Board may from time to time, by resolution, appoint a committee or committees, consisting of 2 or more persons, of whom at least 1 shall be a member of the Board, and, subject to the provisions of subsection (3), may by resolution delegate to any such committee any of the powers or duties of the Board, except the power of delegation conferred by this section and the powers conferred by section 19 section 26 section 27
2: Every resolution under subsection (1) delegating any powers or duties to a committee shall specify in full the powers or duties so delegated.
3:
4: Any delegation under this section may be at any time revoked, in whole or in part, by the Board. Section 20(3) repealed 24 June 1996 Maori Trust Boards Amendment Act 1996
21: Chairman of committee
The Chairman of a committee may be appointed and removed by the Board: provided that a committee may at any meeting appoint one of its members to act in the absence of the Chairman from that meeting.
22: Meetings of committees
1: The members of a committee may meet for the despatch of business and adjourn their meetings as they think fit.
2: Each committee shall fix a quorum, which shall be subject to the approval of the Board, and no business shall be transacted at any meeting of a committee unless a quorum is present.
3: All proceedings and resolutions of each committee shall be recorded in a minute book to be kept for the purpose, and, as soon as practicable after the conclusion of each meeting, a copy of the minutes of that meeting shall be forwarded to the Secretary of the Board by which the committee was appointed.
4: All questions before a committee shall be decided by a majority of the votes recorded thereon.
5: At any meeting of a committee the person presiding shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
23: Committee to be subject to control of Board
Each committee shall be subject in all things to the control of the Board by which it was appointed, and shall carry out all directions of the Board given in relation to the committee or its affairs. Councils Heading inserted 18 January 1989 Maori Trust Boards Amendment Act 1988
23A: Council of elders
1: Each Board may from time to time, by resolution, appoint a council of elders to be known by such name as the Board may decide.
2: The principal function of the council of elders shall be to advise the Board on all matters involving tikanga, te reo, and kawa.
3: The council of elders shall comprise such of the kaumatua of the beneficiaries as the Board may decide to appoint from time to time after consulting the kaumatua. Section 23A inserted 18 January 1989 Maori Trust Boards Amendment Act 1988
23B: Council of young people
1: Each Board may from time to time, by resolution, appoint a council of young people to be known by such name as the Board may decide.
2: The principal function of the council of young people shall be to advise the Board on the needs and interests of the young people among the beneficiaries.
3: The council of young people shall comprise such of the young people among the beneficiaries as the Board may decide to appoint from time to time after consulting the young people. Section 23B inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 Requirement for annual hui Heading inserted 16 September 2011 section 5 Maori Trust Boards Amendment Act 2011
23C: Annual hui
1: A Board must hold a hui for the beneficiaries of the Board no later than 6 months after the balance date of the prior accounting period.
2: The Board must do the following things at the hui:
a: report on its activities since the last hui:
b: report on the activities it plans for the future:
c: present its annual report (prepared under section 31
d: present a budget (prepared under section 31A
3: To avoid doubt, this section and sections 23D 31 to 32 Maori Fisheries Act 2004 Section 23C inserted 16 September 2011 section 5 Maori Trust Boards Amendment Act 2011
23D: Notice of annual hui
1: A Board must give public notice of the following matters to its beneficiaries:
a: the time and location of a hui to be held under section 23C
b: details of when and how a beneficiary may obtain a copy (whether printed or electronic) of the annual report to be presented at the hui.
2: The notice must be given no later than 3 months before the date of the hui.
3: Section 46(2) Section 23D inserted 16 September 2011 section 5 Maori Trust Boards Amendment Act 2011 Functions and powers of Boards
24: Functions of Board
1: The functions of each Board shall be to administer its assets in accordance with the provisions of this Act for the general benefit of its beneficiaries, and, for that purpose, a Board may, in its discretion, provide money for the benefit or advancement in life of any specific beneficiary, or of any class or classes of beneficiaries.
2: Without limiting the general provisions hereinbefore contained, it is hereby declared that each Board may, from time to time, subject to the provisions of this Act, apply money towards all or any of the following purposes:
a: the promotion of health:
i: by installing or making grants or loans towards the cost of installing water supplies, sanitation works, and drainage in Maori settlements;
ii: by promoting, carrying out, or subsidising housing schemes, or by making grants or loans for any such schemes; or
iii: by providing, subsidising, or making grants for medical, nursing, or dental services:
b: the promotion of social and economic welfare:
i: by making grants or loans for the relief of indigence or distress;
ii: by developing, subsidising, or making grants or loans for farming or other industries;
iii: by making grants or loans towards the cost of the construction, establishment, management, maintenance, repair, or improvement of Maori meeting houses, halls, churches and church halls, villages, maraes, or cemeteries;
iv: by establishing, maintaining, and equipping hostels for the purpose of providing either permanent or temporary accommodation;
v: by making grants or loans towards the establishment of recreational centres for the common use of any Maori community and for such other uses as the Board thinks fit;
vi: by promoting, carrying out, or subsidising roading schemes, power schemes, or such other schemes as the Board thinks fit, or by making grants or loans for any such schemes; or
vii: by purchasing, acquiring, holding, selling, disposing of, or otherwise turning to account shares in any body corporate that has as one of its principal objects the economic or social advancement of Maoris, or the development of land:
c: the promotion of education and vocational training:
i: by assisting in the establishment of schools, and in the equipping, managing, and conducting of schools; by making grants of money, equipment, or material to schools or other educational or training institutions; or by making grants to funds established or bodies formed for the promotion of the education of Maoris or for assisting Maoris to obtain training or practical experience necessary or desirable for any trade or occupation;
ii: by providing scholarships, exhibitions, bursaries, or other methods of enabling individuals to secure the benefits of education or training, or by making grants to Education Boards or other educational bodies for scholarships, exhibitions, or bursaries;
iii: by providing books, clothing, or other equipment for the holders of scholarships or other individuals, or by making grants for any such purpose; or by making grants generally for the purpose of assisting the parents or guardians of children to provide for their education or training for any employment or occupation;
iv: by providing, maintaining, or contributing towards the cost of residential accommodation for children in relation to their education or training; or
v: by the promotion of schemes to encourage the practice of Maori arts and crafts, the study of Maori lore and history, and the speaking of the Maori language:
d: such other or additional purposes as the Board from time to time determines.
3: Nothing in this section shall be deemed to preclude any Board from applying money for the general benefit of a group or class of persons, notwithstanding that the group or class of persons includes persons other than beneficiaries; but no grant or loan shall be made to any individual for his exclusive benefit unless he is a beneficiary. Section 24(2)﻿(b)﻿(vi) amended 23 October 1981 section 7 Maori Purposes Act 1981 Section 24(2)﻿(b)﻿(vii) inserted 23 October 1981 section 7 Maori Purposes Act 1981
24A: Powers of Maori Trust Boards
Any Board may from time to time, in its discretion—
a: make grants to the Maori Education Foundation established by the Maori Education Foundation Act 1961
b: make payments, not exceeding in the aggregate the sum of 200 pounds in any accounting period whether or not any such grants or payments are of a direct or indirect benefit to the beneficiaries of the Board, or any of them. Section 24A inserted 1 December 1961 section 19(1) Maori Purposes Act 1961 Section 24A(b) amended 16 September 2011 section 6 Maori Trust Boards Amendment Act 2011
24B: Trusts for charitable purposes
1: Any Board may from time to time, in its discretion, execute under its seal a declaration of trust declaring that it shall stand possessed of any of its property, whether real or personal, upon trust for charitable purposes.
2: Any income derived by the Board from any property to which the declaration relates shall be applied for such purposes referred to in section 24 section 24A Income Tax Act 2007
3: No declaration of trust under this section shall have any force or effect unless it has been approved by the Commissioner of Inland Revenue. Section 24B inserted 5 December 1962 Maori Trust Boards Amendment Act 1962 Section 24B(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
24C: Maori Trust Board may accept trusts
Notwithstanding anything in any other provision of this Act, a Board may accept and hold or otherwise deal with any property upon trust for the benefit of the Board's beneficiaries or any of them or for the benefit of any group of persons which includes any such beneficiaries. Any property held by a Board pursuant to this section shall be dealt with in accordance with the terms of the trust and shall not constitute an asset of the Board for the general purposes of this Act. Section 24C inserted 17 December 1971 section 8 Maori Purposes Act 1971
24D: Board may take part in government schemes, etc
1: A Board may enter into any contract with, or accept grants or loans from, any government department or other instrument of the Crown, or any other organisation or agency approved by the Minister, for the purpose of any scheme relating to—
a: the placement of Maori in industry and other forms of employment; and
b: the education, vocational guidance, and training of Maori; and
c: the provision of housing and the improvement of the living conditions of Maori; and
d: the promotion of health among Maori; and
e: the broadening of the Maori economic base through the provision of funds for lending to Maori for enterprise development; and
f: the cultural, social, and economic development of Maori; and
g: social welfare programmes for Maori.
2: In any case to which subsection (1) applies, the Board may do anything required of it by the terms of any contract or the conditions of any grant, notwithstanding any other provisions of this Act. Section 24D inserted 18 January 1989 Maori Trust Boards Amendment Act 1988
24E: Board may be appointed in place of committee of management
A Board may accept appointment by the Maori Land Court under section 61(6)﻿(c) of the Maori Affairs Amendment Act 1967 Section 24E inserted 18 January 1989 Maori Trust Boards Amendment Act 1988
24F: Board may contract to provide services to other bodies
A Board may contract to provide administrative, secretarial, accounting, or other services to any Maori incorporation, trust, or other body if the shareholders, beneficiaries, or members of the incorporation, trust, or other body, or a majority of them, are beneficiaries of the Board. Section 24F inserted 18 January 1989 Maori Trust Boards Amendment Act 1988
25: Loans by Board
In any case where a Board grants a loan to any person, it shall take such security and fix such terms and conditions in respect of the loan, and for the repayment of the principal sum and for the payment of interest thereon, as the Board decides at the time of the granting of the loan.
25A: Powers of Maori Trust Boards
Any Board may from time to time, in its discretion, invest any of its funds not required for other purposes in accordance with the Trusts Act 2019 Section 25A inserted 1 December 1961 section 19(2) Maori Purposes Act 1961 Section 25A amended 30 January 2021 section 161 Trusts Act 2019
26: Power to acquire lands and to farm
1: Each Board may acquire any land or any interest in land, whether by way of purchase, lease, or otherwise and may sell, lease, sublease, or otherwise dispose of any such land or interest.
2: Each Board may:
a: occupy and manage any land acquired under this section for farming, reclamation, or other purposes, or may permit any person to occupy any such land, whether for the purpose of farming or reclamation or for any other purpose:
b: make any such land available for common use by Maoris for any purpose, or use it for the physical, social, moral, or pecuniary benefit of Maoris or for any purpose having for its object the benefit, betterment, or welfare of Maoris or the promotion of any tribal or communal object.
3: For the purpose of farming any land acquired under this section, each Board may, from time to time, purchase or otherwise acquire such stock, implements, and chattels as it deems necessary; and may sell or otherwise dispose of all or any stock, crops, produce, or chattels grown or held in the course of farming; and for the purpose of any such farming business may, from time to time, raise such money as it deems necessary on the security of any of its stock, crops, produce, or chattels.
4: A Board may appoint an agent to exercise on its behalf the powers conferred on it by paragraph (a) of subsection (2) to occupy and manage land for farming, reclamation, or other purposes, and the Board may authorise any such agent—
a: to exercise such of the powers of the Board as the Board may from time to time in writing direct; and
b: to receive, notwithstanding anything to the contrary in this or any other Act, money otherwise payable to the Board into an account kept by the agent, and, without further authority, to disburse any such money in the course of and for the purposes of the operations conducted by the agent.
5: Section 26(1) replaced 24 June 1996 Maori Trust Boards Amendment Act 1996 Section 26(4) inserted 1 December 1961 section 20(1) Maori Purposes Act 1961 Section 26(5) repealed 21 October 1982 Rural Banking and Finance Corporation Amendment Act 1982
27: Power to borrow money and guarantee loans
a: borrow money from any bank, person, or body corporate on the security of a mortgage of or charge upon any lands vested in the Board, or a charge upon any money payable to the Board:
b: guarantee to Her Majesty the Queen or to any other person or body corporate the repayment of any principal sum or interest thereon by any person. Section 27 amended 24 June 1996 Maori Trust Boards Amendment Act 1996 Accounts
28: Bank accounts
1: Subject to any express provisions in this or any other enactment, all money belonging to each Board shall, within 14 days of receipt, be paid into a bank account The [ name of Board
2: No money shall be withdrawn from a Maori Trust Board Account except with the authority of the Board and by cheque or other instrument Section 28(1) amended 24 June 1996 Maori Trust Boards Amendment Act 1996 Section 28(2) amended 23 November 1973 section 21(b) Maori Purposes Act (No 2) 1973 Section 28(2) proviso repealed 24 June 1996 Maori Trust Boards Amendment Act 1996
29: Minister may authorise countersigning officer
Section 29 repealed 24 June 1996 Maori Trust Boards Amendment Act 1996
30: Books of account
1: Each Board shall cause full and accurate accounts to be kept of all money received and paid by it.
2: Any member or any duly authorised officer of a Board, or any person duly authorised in that behalf by the Minister, or any beneficiary, may at all reasonable times inspect the books of the Board and take copies of or extracts from them free of charge.
30A: Auditor-General to be auditor of Board
Section 30A repealed 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011 Annual reporting and other accountability requirements Heading inserted 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011
31: Annual report (including financial statements)
1: After an accounting period ends, a Board must prepare an annual report on the Board's affairs during the accounting period.
2: The annual report for an accounting period must be prepared at least 1 month before the day on which the hui to present the report is to be held under section 23C
3: The annual report must include—
a: financial statements for the Board for the accounting period; and
b: the auditor's report on the financial statements.
4: The financial statements must comply with generally accepted accounting practice.
5: The financial statements and the annual report must be dated and signed on behalf of the Board by 2 members and the Secretary of the Board.
6: In this section,— financial statements section 6 generally accepted accounting practice section 8 Financial Reporting Act 2013 Section 31 replaced 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011 Section 31(3)﻿(a) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 31(6) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
31A: Annual budget
Before the start of an accounting period, a Board must prepare a budget for the accounting period that states the Board's expected income and expenditure for the period. Section 31A inserted 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011
31B: Audit requirements
1: A Board must—
a: have its annual financial statements audited; and
b: obtain the auditor's report on the financial statements.
2: The auditor must be a qualified auditor within the meaning of section 35 Financial Reporting Act 2013
3: See sections 37 to 39 Financial Reporting Act 2013 Section 31B inserted 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011 Section 31B(2) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 31B(3) inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
32: Annual report and budget must be provided to Minister
1: A Board must provide copies of the following documents to the Minister for his or her information:
a: an annual report prepared under section 31
b: a budget prepared under section 31A
2: The copy of a document must be provided no later than 1 month after the document is prepared. Section 32 replaced 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011 Miscellaneous
33: Minister may direct investigation of Board's affairs
1: The Minister may at any time direct the investigation of the affairs of any Board by some person appointed by him in that behalf. Any investigation so directed may extend generally over the affairs of the Board or may be confined to a particular matter or transaction.
2: Pending the completion of any investigation under this section, the Minister may, in his absolute discretion, give notice to the Board of the suspension of payments of public money
3: Any notice under subsection (2) may at any time be revoked by a subsequent notice.
4: Any notice under this section shall be served on the Secretary of the Board, and a copy of the notice shall be served on the Secretary to the Treasury.
5: While any notice under subsection (2) remains in force, no payment to the Board of public money authorised by this Act shall be made
6: Where an investigation of the affairs of a Board has been directed by the Minister under this section, the Board, and its members, servants, officers, and agents, shall supply to the person appointed to conduct the investigation all such information as may be required by him for the purpose of the investigation, and shall make available for his inspection all accounts, books, and other documents and records of the Board.
7: The person conducting the investigation shall, on its completion, report to the Minister who may, as in his opinion the circumstances require, do all or any of the following things, that is to say:
a: recommend the removal from office of any member or members of the Board under section 16
b: require the Board to terminate the employment or appointment of any of its servants or officers:
c: require the Board to exercise any power or do any act which it may lawfully exercise or do.
8: If within 1 month after the receipt by the Board of a requisition in writing by the Minister under paragraph (b) or paragraph (c) of subsection (7), the Board fails or neglects to comply with the requisition, or, having commenced any action required, at any time thereafter fails or neglects to complete the action to the satisfaction of the Minister, the Minister may, by writing under his hand, authorise some officer of the public service
9: Every act done pursuant to an authority given by the Minister under subsection (8) shall have the same force and effect as if it had been done by the Board concerned, and every instrument of alienation executed pursuant to any such authority shall have the same force and effect and may be registered in the same manner as if it had been lawfully executed by the Board.
10: Where during any investigation directed under subsection (1), a Board or any of its members, servants, officers, or agents fails or neglects to comply with the requirements of subsection (6), the Minister shall have and may exercise the powers conferred on him by subsections (7) and (8), notwithstanding that the investigation is not completed and that no report thereon has been delivered to the Minister. Section 33(2) amended 26 July 1989 section 86(1) Public Finance Act 1989 Section 33(5) amended 26 July 1989 section 86(1) Public Finance Act 1989 Section 33(8) amended 7 August 2020 section 135 Public Service Act 2020
34: Seals
1: The seal of each Board shall be such as is determined by the Board and approved by the Minister and shall be kept in the custody of the Chairman or of such officer of the Board as it may appoint for the purpose.
2: The seal of a Board shall not be affixed to any instrument except pursuant to a resolution of the Board and in the presence of the Secretary and 2 members; and those witnesses shall sign every instrument to which the seal of the Board is affixed in their presence.
35: Beneficiaries not to acquire vested interest
No beneficiary shall acquire or be deemed ever to have acquired any interest, whether vested or contingent, or legal or equitable, in the assets of the Board of which he is a beneficiary.
36: Contracts of Board
1: Any contract which, if made between private persons, must be by deed shall, if made by a Board, be in writing under the seal of the Board.
2: Any contract which, if made between private persons, must be in writing signed by the parties to be charged therewith shall, if made by a Board, be in writing signed by 2 members and the Secretary of the Board on behalf of or by direction of the Board.
3: Any contract which, if made between private persons, may be made orally may be similarly made by or on behalf of a Board by any member or the Secretary, acting by direction of the Board, but no oral contract shall be made for any sum exceeding 10 pounds.
4: Notwithstanding anything to the contrary in the foregoing provisions of this section, no contract made by or on behalf of a Board shall be invalid by reason only that it was not made in manner provided by this section, if it was made pursuant to a resolution of the Board.
37: Members of Board not personally liable, and not debarred from benefits
1: No member of a Board shall be personally liable for any act or default done or made by the Board or by any member thereof in good faith in the course of the operations of the Board.
2: Notwithstanding any rule of law or equity to the contrary, no member of a Board shall be debarred by virtue of his membership from receiving any benefit from the Board's funds: provided that no money shall be applied by a Board, whether by way of grant or loan or in any other manner, for the exclusive benefit of any member, without the prior written approval of the Minister: provided also that no member of a Board shall take part in any discussion or vote on any resolution of the Board concerning the application of any such money for his exclusive benefit.
38: Mortgages to Boards
Notwithstanding anything to the contrary in the Maori Affairs Act 1953 Part 19
39: Assignment of rents to Boards
Nothing in the Maori Affairs Act 1953
40: Change of name not to affect rights or obligations
1: The changing by this Act of the name of any body corporate shall not affect any rights or obligations of the body corporate or render defective any legal proceedings by or against the body corporate and any legal proceedings that might have been continued or commenced by or against it under its former name may be continued or commenced by or against it under its new name.
2: Where the property of any body corporate of which the name is changed by this Act consists of land or any interest in land, or of any mortgage or encumbrance of land, any security over stock or chattels, any lien, bond, 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 40(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979
41: Remuneration of members
A Board may pay to its members remuneration for services provided as a member by way of—
a: fees, salary, or allowances; and
b: travelling allowances or expenses. Section 41 replaced 29 November 2022 section 25 Māori Purposes Act 2022
41A: Payments to Maori Trust Boards by Crown not to constitute income for taxation purposes
1: No money paid to a Maori Trust Board from public money Part 1 Income Tax Act 2007 Social Security Act 2018
2: The provisions of subsection (1) shall apply to all money paid or payable to the Tuwharetoa Maori Trust Board pursuant to section 10 Section 41A inserted 24 October 1957 section 14 Maori Purposes Act 1957 Section 41A(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 41A(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 41A(1) amended 26 July 1989 section 86(1) Public Finance Act 1989
3: Elections
Roll of beneficiaries
42: Boards to have rolls prepared
1: Each Board shall cause to be prepared a roll containing the names and addresses of all adult beneficiaries of the Board, and shall, from time to time, make all such additions and corrections to the roll as may be necessary.
2: Where pursuant to this Act beneficiaries of a Board are divided into different sections or divisions for the purpose of elections, the roll shall also show the section or division to which each beneficiary belongs.
3: Where any Parliamentary roll of electors contains sufficient information to identify the beneficiaries of any Board that Board may, with the approval of the Minister, use for the purposes of its roll under this section the appropriate Parliamentary roll of electors for the last preceding general election.
4: Where beneficiaries of a Board are divided into different sections or divisions for the purposes of elections, the manner in which any such section or division is to be determined in cases where a Parliamentary roll is used shall be stated in all advertisements and notices relating to the elections issued by the Board.
5: Where the beneficiaries of any Board are divided into sections or divisions for the purposes of elections, no person shall, except so far as may be prescribed by regulations under this Act, be eligible to belong to more than 1 section or division.
6: Where a person is qualified to belong to more than 1 section or division, he shall, when applying for enrolment, elect the section or division in which he wishes to be enrolled. Section 42(3) replaced 5 December 1962 Maori Trust Boards Amendment Act 1962 Section 42(4) inserted 5 December 1962 Maori Trust Boards Amendment Act 1962 Section 42(5) inserted 5 December 1962 Maori Trust Boards Amendment Act 1962 Section 42(6) inserted 5 December 1962 Maori Trust Boards Amendment Act 1962
43: Inclusion in roll onus of beneficiaries
It shall be the responsibility of each adult beneficiary to ensure that his name is included in the roll and to supply to the Board his full postal address for the time being.
44: Initial preparation
The initial preparation of the roll of beneficiaries shall be carried out in each case in a manner approved by the Minister in that behalf.
45: Inclusion in roll
Each Board shall have jurisdiction to determine whether any person applying for inclusion in its roll of beneficiaries is qualified for inclusion, and to determine (where applicable) the section or division of beneficiaries in which he is entitled to be included. Nomination of members
46: Invitation of nominations
1: Not later than 4 months before the date on which the term of office of the members of a Board for the time being in office expires, the Secretary of the Board shall cause public notice to be given to beneficiaries of the Board of the fact that nominations are called for election to membership of the Board for the ensuing term, the method of lodging nominations, and the latest date, as fixed by section 47
2: Any such public notice shall be given in the following manner:
a: by newspaper advertisement published on at least 2 consecutive days in a daily newspaper or newspapers circulating in the district or districts where the majority of the beneficiaries reside or in such daily newspapers as may be prescribed, in the case of any particular Board, by regulations under this Act;
b: by notice in writing addressed to all Maori Committees, Maori Executive Committees, and District Maori Councils constituted under the Maori Community Development Act 1962
c: by such other means as the Board may determine.
3: Any such public notice shall also invite applications from qualified persons for inclusion of their names in the roll of beneficiaries, and shall set out the date upon which the roll closes for the election, being the same date as that fixed as the latest date for the lodging of nominations under section 47 Section 46(2)﻿(b) amended 18 January 1989 Maori Trust Boards Amendment Act 1988
47: Making of nominations
1: The nomination of a candidate for election to membership of a Board shall be in writing signed by not less than 5 beneficiaries shown in the roll of beneficiaries as entitled to vote in respect of the election of that candidate.
2: The consent of each candidate to his nomination shall be endorsed on the nomination paper.
3: Nominations shall be lodged with the Secretary of the Board not later than 3 months before the day on which the term of office of the members for the time being in office expires.
4:
5: A candidate may at any time, by notice to the Board, withdraw his nomination. Section 47(4) repealed 1 October 1983 Maori Trust Boards Amendment Act 1983
48: Necessity for elections
1: If on the closing of nominations for election to membership of a Board the number of persons nominated for election to represent any section or division of the beneficiaries exceeds the number of appointments to be made in respect of that section or division, or, in the case of a Board of which the members represent the beneficiaries as a whole, the number of persons nominated exceeds the number of appointments to be made, an election or elections shall be held in accordance with the provisions of this Part, or of any regulations made in that behalf, as the case may be.
2: In any case where the number of nominations received is not such as to render an election or elections necessary under subsection (1), the persons nominated for election shall be deemed to have been duly elected as members of the Board in accordance with their nominations.
49: Names of persons elected to be transmitted to
chief executive of the Ministry of Maori Development
1: The Secretary of each Board shall, not later than 20 days before the date of the expiry of the term of office of the members for the time being in office, forward to the chief executive of the Ministry of Maori Development
2: Where an election under this Part is held, the person or persons who have received the highest number of valid votes (not exceeding in number the number of members to be elected) shall, for the purposes of subsection (1), be deemed to be the person or persons elected.
3: If, on receiving under subsection (1) the names of the persons elected as members of the Board, the chief executive of the Ministry of Maori Development
a: the name of any person has been included incorrectly, in that the person was not qualified to be, or was not duly, elected; or
b: the name of any person has been excluded incorrectly, in that the person was qualified to be, and was duly, elected,— the chief executive Section 49 heading amended 1 January 1992 section 9(3)﻿(b) Ministry of Maori Development Act 1991 Section 49(1) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 49(3) inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 Section 49(3) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Election by postal ballot or electronic voting Heading amended 29 November 2022 section 26 Māori Purposes Act 2022
50: Elections to be by postal ballot or electronic vote unless regulations provide otherwise
The election of candidates to membership of a Board must be by 1 or both of the following, as required by the Board, unless regulations made under this Act provide otherwise:
a: postal ballot:
b: electronic vote. Section 50 replaced 29 November 2022 section 27 Māori Purposes Act 2022
51: Ballot papers and electronic voting to be made available
If an election is required by section 48 section 47
a: send a ballot paper to each beneficiary entitled to vote at the election, which sets out—
i: the full names of each candidate for election; and
ii: the method of marking the ballot paper to indicate the beneficiary’s preference; and
iii: the postal or electronic address to which the ballot paper is to be returned; and
iv: the latest time for its return; and
b: for an election using electronic voting, make the electronic voting system available to each beneficiary entitled to vote at the election. Section 51 replaced 29 November 2022 section 28 Māori Purposes Act 2022
52: Returning Officer
1: The Minister may appoint any person, including the Secretary of the Board or an officer of the public service, as the Returning Officer for an election.
2: A beneficiary who casts a vote must send the ballot paper or electronic vote to the Returning Officer not later than 1 month before the date of expiry of the term of office of the members in office. Section 52 replaced 29 November 2022 section 29 Māori Purposes Act 2022
53: Results of voting
1: After the time fixed for the return of ballot papers and electronic votes has expired, the Returning Officer must count the votes validly cast for each candidate and communicate the results to the Secretary of the Board.
2: Each candidate may appoint 1 scrutineer to be present at the counting of the votes. Section 53 replaced 29 November 2022 section 30 Māori Purposes Act 2022
53A: Investigation of conduct and result of election
1: Where in the opinion of the Minister (whether based on a report under section 49(3)
2: On receiving any such application, the Judge shall fix a place, date, and time for the commencement of the investigation, and shall give notice of those matters, and of the purposes of the investigation, to the Secretary of the Board and to the Returning Officer.
3: The Judge may require the Secretary or the Returning Officer to produce all such enrolment applications, nominations, ballot papers, and other particulars relating to the election and under the control of the Secretary or the Returning Officer as the Judge may specify.
4: The Judge shall investigate each specific matter relating to the election as the Minister may require in the application, and may investigate any other matter relating to the election as appears to the Judge to warrant investigation.
5: If, after completing the investigation, the Judge is satisfied—
a: that the election was conducted in accordance with the principles laid down in this Part; and
b: that any irregularity, failure, or mistake that occurred in the conduct of the election did not affect the result of the election; and
c: that the result of the election is clear,— the Judge shall declare the result of the election, and shall send to the Minister the names of the persons elected as members of the Board and, where necessary, the section or division of the beneficiaries that each such person is elected to represent.
6: If, after completing the investigation, the Judge is not satisfied of each of the matters specified in subsection (5), the Judge shall report his or her findings to the Minister, and recommend such action as the Judge thinks desirable, whether under section 55 section 55A
7: In any particular case, the Judge may, instead of dealing with the application under this section personally, appoint some other person, being a barrister or solicitor of the High Court of at least 7 years' standing, to conduct the investigation; and in any such case, the provisions of subsections (2) to (6) shall be read as if every reference to the Judge were a reference to that other person. Section 53A inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 Minor irregularities at elections
54: Election not invalid by reason of certain irregularities
An election under this Part shall not be invalid by reason of any irregularity in any of the proceedings preliminary to the voting, or by reason of any failure to hold an election at any place appointed for holding an election, or to comply with the directions contained in this Act or in regulations under this Act as to the conduct of elections or the counting of the votes, or by reason of any mistake in the use of the forms used at any such elections, if it appears that the election was conducted in accordance with the principles laid down in this Part, and that the irregularity, failure, or mistake did not affect the result of the election.
55: Validation of certain irregularities
Where anything is omitted to be done or cannot be done at the time required by or under this Part, or is done before or after that time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this Part, the Governor-General may, by Order in Council published in the Gazette
55A: Invalid elections
1: Where in the opinion of the Governor-General irregularities have occurred in respect of any election under this Act which it would not be proper or desirable to validate under section 55
2: An order under this section is 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 55A inserted 5 December 1962 Maori Trust Boards Amendment Act 1962 Section 55A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Miscellaneous
56: Regulations
1: The Governor-General may from time to time, by Order in Council, make such regulations as are contemplated by this Act or as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.
2: Any regulations made under this section may be of a general nature applying to all Maori Trust Boards, or may apply to 1 or more specified Boards.
3: Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section:
a: fixing the number of members of any Board:
b: providing for the representation of specific sections or divisions of the beneficiaries of a Board by individual members thereof:
c: providing for the method of election by beneficiaries of a Board, of candidates for membership of the Board:
d: limiting or regulating the rights of persons who do not reside in the appropriate area to stand for election, or to nominate any candidate for election, or to vote in an election.
3A: Any regulations made pursuant to subsection (3)﻿(d) shall have effect according to their tenor notwithstanding anything to the contrary in this Act.
4: Regulations under this section are secondary legislation ( see Part 3
4: 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 56(3)﻿(d) inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 Section 56(3A) inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 Section 56(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 56(4) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
57: Repeals and savings
1: The enactments specified in the Schedule
2: Without limiting the provisions of Part 2 Section 57(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021