Maori Reserved Land Act 1955

1: Short Title and commencement
1: This Act may be cited as the Maori Reserved Land Act 1955.
2: This Act shall come into force on 1 January 1956.
2: Interpretation
1: In this Act, unless the context otherwise requires,— court Land Valuation Tribunal Tribunal Land Valuation Proceedings Act 1948 the Land Valuation Tribunal the Tribunal lessee Maori reserve Minister prescribed lease Schedule 2 reserved land settlement reserve township land Valuation Court High Court Land Valuation Proceedings Act 1948
2: Unless the context otherwise requires, terms and expressions that are defined in the Maori Affairs Act 1953 Section 2(1) Land Valuation Tribunal Tribunal inserted 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 2(1) Valuation Court replaced 1 April 1969 section 15 Land Valuation Proceedings Amendment Act 1968 Section 2(1) Valuation Court amended 15 August 1991 section 3(5) Judicature Amendment Act 1991
1: General provisions applicable to reserved land
3: Reserved land to be subject to this Act
1: All lands which immediately before the commencement of this Act were subject to the Maori Reserves Act 1882 Westland and Nelson Maori Reserves Act 1887
2: The lands referred to in the first column of Schedule 1 Māori Trustee
3: All lands, other than any land to which subsection (2) relates, which immediately before the commencement of this Act were subject to the provisions of the West Coast Settlement Reserves Act 1892
4: All lands which immediately before the commencement of this Act were subject to the provisions of the Maori Townships Act 1910
5: All land purchased or otherwise acquired by the Māori Trustee section 8
6: All land which is or becomes subject to the provisions of this Act shall, for the purposes of this Act, be deemed to be reserved land and shall vest, or continue to be vested, in the Māori Trustee Section 3(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 3(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 3(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
4: Governor-General in Council may declare land to be a Maori reserve
1: The Governor-General may, by Order in Council, declare any land which is vested in the Māori Trustee Māori Trustee
1A: An order under this section is secondary legislation ( see Part 3
2: Notwithstanding the provisions of any other enactment, where any land is declared to be a Maori reserve under this section, the land shall become subject to and be administered in accordance with the provisions of this Act, and any enactment applying particularly to the land shall cease to have any application in respect of that land. 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 4(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 4(1A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Trusts for reserved land
1: Subject to the provisions of this Act, all reserved land shall be held by the Māori Trustee
2: Subject to the provisions of this Act, each Maori reserve referred to in the first column of Schedule 1 Māori Trustee Section 5(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 5(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
6: Registration of
Māori Trustee's
1: It shall be the duty of the Registrar-General of Land Māori Trustee Māori Trustee records of title Māori Trustee
2: Upon a request made to him in writing by the Māori Trustee Registrar-General of Land record of title Section 6 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 6(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 6(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 6(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 6(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
7: Status of reserved land
All reserved land shall, while it remains vested in the Māori Trustee Section7 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
8: General powers of
Māori
1: Subject to the provisions of this Act, the Māori Trustee
2: Without limiting the generality of the authority conferred on him by subsection (1), and without restricting the exercise of any powers conferred on him by the Maori Trustee Act 1953 Māori Trustee
a: from time to time survey and subdivide the land into suitable allotments and prepare the land for disposition:
b: lay off and form roads and streets and dedicate such portions of any such land for roads and streets as he thinks fit:
c: subject to the provisions of this Act, exercise all the powers and authorities conferred on leasing authorities by the Public Bodies Leases Act 1969
d: issue licences to take things from the soil on such terms and conditions as he thinks fit:
e: issue to any person a licence to occupy on such terms and conditions as he thinks fit:
f: acquire land, by purchase, gift, or otherwise, for use in relation to any reserved land, whether for the purpose of access or otherwise:
g: sell or exchange any part of the land for the purpose of acquiring other land to be used in relation to, or in substitution for, the land disposed of:
h: grant to any local authority or to any person, on such terms and conditions as he thinks fit, any easement or other right in, upon, through, over, or under the land. Section 8 heading amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 8(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 8(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 ection 8(2)﻿(c) amended 1 January 1970 section 28(1)﻿(a) Public Bodies Leases Act 1969
9: Power of
Māori Trustee
1: Except as otherwise provided by this Act, the Māori Trustee
2: Where any reserved land which, by reason of its size, configuration, nature, or quality, cannot, in the opinion of the Māori Trustee Māori Trustee Māori Trustee
3: The power conferred on the Māori Trustee Māori Trustee Section 9 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 9(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 9(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 9(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
9A: Sale of reserved land to lessees
Section 9A repealed 10 October 1975 section 9(a) Maori Purposes Act 1975
9B: Powers of Maori Trustee in respect of leases
Section 9B repealed 10 October 1975 section 9(a) Maori Purposes Act 1975
10: Alienation powers of equitable owners
1: The equitable owner of a freehold interest in reserved land shall have power to deal with the interest in any of the following ways:
a: he may dispose of the interest by will:
b:
c:
d: he may agree to the vesting of the interest by order of the court under section 213 of the Maori Affairs Act 1953 (as substituted by section 90 of the Maori Affairs Amendment Act 1967)—
i: in accordance with the provisions of subsection (4) of the said section 213
ii: to any other person having a beneficial freehold interest in the same land; or
iii: to his spouse, civil union partner, de facto partner, provided that for the purposes of this paragraph the illegitimacy of any person shall not be deemed to affect the natural blood relationship subsisting between him and any other person:
e: he may assign the interest by way of security in accordance with the provisions of section 10A
f: he may exercise in respect of an interest in township land a vote on any proposal submitted to a meeting of the assembled owners of the land as provided by section 86
2: For the purposes of subsection (1), the term equitable owner Māori Trustee
3: Except as provided in this section the equitable owner of a beneficial freehold interest in reserved land shall have no power to deal with his interest.
4: A meeting of the assembled owners of any reserved land summoned and held in accordance with the provisions of Part 23 of the Maori Affairs Act 1953 may pass a resolution under paragraph (f) of subsection (1) of section 315 of that Act, and the provisions of that Part shall apply accordingly. Section 10 replaced 1 April 1968 Maori Affairs Amendment Act 1967 Section 10(1)﻿(b) repealed 14 December 1976 section 24(5) Maori Purposes Act 1976 Section 10(1)﻿(c) repealed 10 October 1975 section 9(a) Maori Purposes Act 1975 Section 10(1)﻿(d)﻿(iii) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 10(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 10(4) inserted 27 November 1970 section 14(1) Maori Purposes Act 1970
10A: Registration of security
1: An assignment by way of security of the equitable and beneficial freehold interest in reserved land of any person may be effected by the registration in the Maori Land Court of a memorial of assignment in the prescribed form, executed by the owner of the interest as assignor.
2: On production of any such memorial and payment of the prescribed fee, the Registrar of the Maori Land Court shall register the same by making a note thereof in the court's records of equitable ownership of the reserved land concerned.
3: The assignment of any interest as aforesaid shall vest in the assignee the right to receive during the currency of the assignment any money payable by the Māori Trustee
4: On written application by the assignee, and on payment of the prescribed fee, the Registrar shall cancel the entry in the court's records relating to any such assignment.
5: On application by the assignor and on being satisfied that the obligation secured by the assignment has been duly met, the court shall direct the Registrar to cancel the entry relating to the assignment.
6: On application by the assignee, the court may by order vest in the assignee absolutely the assigned interest or such part of it as in the court's opinion is sufficient to discharge the obligation of the assignor to the assignee. Before making any order under this subsection, the court shall be satisfied as follows:
a: that reasonable notice of the hearing of the application has been given to the assignor or his representative; and
b: that notice requiring the assignor to remedy default in meeting his obligation secured by the assignment and intimating an intention to proceed under this subsection failing remedy of the default by a date not less than 2 months after the date of the notice was served on the assignor or his representative and the default has not been remedied.
7: The court may with or without conditions waive any requirement under subsection (6) for the service of any notice upon the assignor or his representative if it is satisfied that his whereabouts are unknown. Section 10A inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 10A(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
11: Court may determine beneficial owners of reserved land
1: On application made to it in that behalf by the Māori Trustee
2: In hearing and determining any such application the court shall, except so far as the ownership of the land affected thereby is proved to the satisfaction of the court to be a matter of record, proceed as if it were hearing and determining an application for the investigation of the title to Maori customary land pursuant to the provisions of Part 14 of the Maori Affairs Act 1953. Section 11(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
12: Court may define trusts
1: Where any reserved land is vested in the Māori Trustee Māori Trustee
2: In hearing and determining any application under this section, the court shall be guided by reference to the original object or purpose for which the reserved land was set apart, but shall declare such trusts as may seem to it to be appropriate to any changed circumstances since the reserved land was set apart.
3: Nothing in this section shall be so construed as to limit or affect the right of the Māori Trustee High Court Section 12(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12(3) amended 1 April 1980 section 12 Judicature Amendment Act 1979
13: Court may partition reserved land
1: Notwithstanding anything contained in Maori Affairs Act 1953, the court shall have jurisdiction, on the application of the Māori Trustee
2: Subject to the provisions of subsection (3), every such partition made by the court shall affect only the equitable estate of the beneficial owners.
3: Where the land comprised in a partition order is not subject to a lease renewable in perpetuity, or, if being so subject, the lease is held by a person in whose favour the partition order has been made, the Registrar-General of Land Māori Trustee record of title record of title record of title Section 13(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 13(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
14: Court may vest reserved land in beneficial owners
1: On application made to it by the Māori Trustee Māori Trustee
2: On the making of any order under this section, the land affected by the order shall cease to be subject to this Act (except Part 1
3: The Registrar-General of Land records of title
4: The rights, duties, and obligations of the Māori Trustee Māori Trustee
5: Notwithstanding the foregoing provisions of this section, the court, if it thinks fit, instead of vesting land in the beneficial owners, may make an order in terms of section 438 of the Maori Affairs Act 1953 vesting the land in a trustee or trustees (including, if the court thinks fit, a Maori Trust Board under the Maori Trust Boards Act 1955 Section 14(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(2) amended 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997 Section 14(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 14(4) inserted 10 October 1975 section 10 Maori Purposes Act 1975 Section 14(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(5) inserted 10 October 1975 section 10 Maori Purposes Act 1975
15: Exchange of interests
1: With the consent of the Māori Trustee
2: Any exchange order made for the purpose of this Act shall have effect in all respects as if it were an exchange order made to give effect to an exchange under Part 17 of the Maori Affairs Act 1953, and the provisions of that Part shall apply to any such exchange order. Section 15(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
15A: Constitution of Maori incorporations to administer reserved land
1: The Governor-General may from time to time, by Order in Council, constitute the beneficial owners of any 1 or more parcels of reserved land, a Maori incorporation under Part 4 of the Maori Affairs Amendment Act 1967, from a date to be specified in the order. Every such Order in Council shall specify the objects for which the incorporation is constituted and shall take effect according to its tenor as if an order of incorporation under section 29 of that Act had been made in respect of the land by the court, and, except as otherwise provided in this section, all the provisions of Part 4 of that Act (including section 28
2: On application by the Māori Trustee
3: The chairman of the meeting held pursuant to subsection (2) shall report the results of the meeting to the court and shall apply to the court to fix the number of members of the committee of management and appoint members accordingly.
4: Notwithstanding the provisions of Part 4 of the Maori Affairs Amendment Act 1967, the fee simple of the land specified in any Order in Council made under subsection (1) shall not by reason of that order or the constitution of the incorporation pass to the incorporation, but the incorporation shall be entitled to have that land transferred to it in accordance with subsection (6). All land so transferred shall, on the registration of the transfer, cease to be reserved land within the meaning of this Act.
5: Where the beneficial owners of any reserved land are constituted under this section as a Maori incorporation, the Māori Trustee Māori Trustee
6: The Māori Trustee Māori Trustee
7: All land transferred to a Maori incorporation pursuant to this section and all land subsequently vested in the incorporation by whatever means shall, whatever its status immediately before the transfer or vesting, be, in the hands of the incorporation, Maori freehold land as if a declaration to that effect had been made by the court under section 31(3) of the Maori Affairs Amendment Act 1967
8: The Registrar of the Maori Land Court shall in respect of each incorporation constituted pursuant to this section make the necessary entries in the register of Maori incorporations kept by him pursuant to section 64 of the Maori Affairs Amendment Act 1967.
9: The provisions of section 14(4)
10: Every memorandum of transfer from the Māori Trustee
11: 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 15A inserted 10 October 1975 section 11 Maori Purposes Act 1975 Section 15A(1) amended 14 December 1979 section 17 Maori Purposes Act 1979 Section 15A(1) amended 16 October 1978 section 7 Maori Purposes Act 1978 Section 15A(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 15A(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 15A(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 15A(10) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 15A(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Succession to and disposal of beneficial interests in reserved land
16: Persons entitled to succeed deceased owner
The persons entitled on the death of any person, whether testate or intestate, to succeed to his beneficial freehold interest in any reserved land shall be determined in all respects as if the deceased were a Maori and as if any such interest were an interest in Maori freehold land.
17: Title of successors
1: On the death of any person, whether a Maori or a European who has died before 1 April 1968
2: On the making of a vesting order under this Part in respect of any such interest, the title of the person in whose favour the vesting order is made shall relate back to and be deemed to have arisen immediately upon the death of the deceased owner from whom the interest was derived, as if there had been no interval of time between his death and the making of the vesting order.
3: The provisions of this Part shall be read subject to the provisions of Part 5 of the Maori Affairs Amendment Act 1967 1975 Section 17(1) amended 1 April 1968 Maori Affairs Amendment Act 1967 Section 17(3) inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 17(3) amended 20 October 1972 Maori Purposes Act 1972
18: Court to determine successors
1: On application made to it by any person interested or by the Registrar or the Māori Trustee beneficiaries
2: Where any beneficial freehold interest in reserved land has been devised by will to a trustee other than a bare trustee, the trustee shall, for the purposes of this section, be deemed to be the beneficiary.
3: Every determination made for the purposes of this section shall be recorded in the minutes of the court, but, notwithstanding the provisions of section 34 of the Maori Affairs Act 1953 Section 18(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
19: Uneconomic interests defined
Section 19 repealed 1 April 1968 Maori Affairs Amendment Act 1967
20: Disposition of interests of deceased owner
1: When the court has ascertained the beneficiaries and has defined their relative shares in accordance with section 18
2: Where any beneficial freehold interest in reserved land has been devised by will to a trustee other than a bare trustee, the trustee shall, for the purposes of this section, be deemed to be the beneficiary, and the existence of the trust shall be set forth on the face of the order by reference to the will of the deceased.
3:
3A: On any proceedings for an order vesting an interest in the beneficiary, the court may exercise any of the powers conferred on it by section 136 of the Maori Affairs Act 1953
4:
5: Section 20(1) replaced 1 April 1968 Maori Affairs Amendment Act 1967 Section 20(3) repealed 1 April 1968 Maori Affairs Amendment Act 1967 Section 20(3A) inserted 28 October 1960 section 22(2) Maori Purposes Act 1960 Section 20(4) repealed 1 April 1968 Maori Affairs Amendment Act 1967 Section 20(5) repealed 1 April 1968 Maori Affairs Amendment Act 1967
21: Acquisition of uneconomic interests by Maori Trustee
Section 21 repealed 1 April 1968 Maori Affairs Amendment Act 1967
22: Maori Trustee may purchase interests by agreement
Section 22 repealed 1 April 1968 Maori Affairs Amendment Act 1967
23: Money to be paid from conversion fund
Section 23 repealed 14 December 1976 section 24(4)﻿(c) Maori Purposes Act 1976
24: Application of revenues from interests acquired
Section 24 repealed 1 April 1968 Maori Affairs Amendment Act 1967
25: Succession fee payable on interests in reserved land
1: No interest in any reserved land possessed by any Maori or descendant of a Maori who has died before 1 April 1968 Māori Trustee section 131 of the Maori Affairs Act 1953
2: Except as otherwise provided in this Part, none of the provisions of Part 12 or Part 13 of the Maori Affairs Act 1953 Section 25(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 25(1) amended 1 April 1968 Maori Affairs Amendment Act 1967
3: Provisions with respect to leases of Maori reserves and township land
26: Māori Trustee
1: The Māori Trustee
2: In the exercise of the power conferred by this section, the Māori Trustee Section 26 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 26(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 26(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
27: Conversion of leases of Maori reserves or township land
1: The Māori Trustee provided that where the subsisting lease is subject to a mortgage, no surrender of that lease shall be accepted by the Māori Trustee
2: Where a lease which does not confer on the lessee a right of renewal in perpetuity or a right to compensation for improvements is surrendered under this section, the lessee shall pay to the Māori Trustee Māori Trustee Māori Trustee as estimated by a registered valuer section 45 of the Valuation of Land Act 1951 by a registered valuer Māori Trustee Section 27(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 27(1) proviso amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 27(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 27(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
28: Optional rights on renewal of leases
1: Notwithstanding the terms relating to the renewal of any subsisting lease of any Maori reserve or township land which is renewable in perpetuity, the Māori Trustee
2: Notwithstanding the terms relating to the renewal of any subsisting lease of any Maori reserve or township land which is renewable in perpetuity, the lessee may require the Māori Trustee Māori Trustee
3: If any dispute arises between the Māori Trustee form A form B Māori Trustee
4: Where any subsisting lease is subject to a mortgage, no prescribed lease shall be granted by the Māori Trustee Section 28(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 28(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 28(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 28(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
29: Terms of prescribed lease may be modified by agreement
Māori Trustee Section 29 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 29 amended 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997
30: Valuations for rent fixation
1: Subject to Part 1
2: In any case to which subsection (1) applies, a registered valuer Māori Trustee the registered valuer Section 30(1) amended 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997 Section 30(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 30(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
31: Valuation certificates to be prepared
1: On the completion of a special valuation under section 30 registered valuer
a: the name of the lessee;
b: the area of the land comprised in the lease, and a description of the land sufficient to identify it;
c: the total value of all improvements in existence on the land;
d: the unimproved value of the land;
e: the capital value of the land; and
f: the date at which the valuation is made.
2: Every certificate prepared by the registered valuer Section 31(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 31(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
32: General provisions as to valuations
1: In determining the capital value or the unimproved value of any land for the purposes of a special valuation under this Part, the registered valuer registered valuer Valuation of Land Act 1951
2: In respect of any such special valuation, the sum of the amount of the unimproved value and the amount of the value of improvements shall always be equal to the amount of capital value, and, in ascertaining the unimproved value or the value of improvements, the registered valuer
3: The fee fixed by the registered valuer Māori Trustee Māori Trustee Section 32(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 32(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 32(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 32(3) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
32A: Special valuations made on or after 1 July 1998
1: This section applies on and after 1 July 1998 to any case where—
a: this Part or any lease to which this Part applies requires or provides for any special valuation to be made under this Part; and
b: the Valuer-General has not made the valuation concerned before 1 July 1998;— and this Part, and any lease to which this Part applies, are to be read accordingly with any necessary modifications and as if any references to the Valuer-General were references to a registered valuer.
2: In the case of any special valuation under this Part to which this section applies, the valuation is to be made not by the Valuer-General but by a registered valuer chosen in accordance with the following provisions:
a: the Māori Trustee section 14(4)
i: nominate a registered valuer to conduct the valuation; and
ii: notify the lessee in writing of the name of the registered valuer:
b: if the lessee does not object to the registered valuer within 14 days after being notified of the nomination, that valuer may conduct the valuation:
c: if the lessee does object within 14 days after the notification, and no agreement as to who should conduct the valuation can be reached, the valuation is to be conducted by a registered valuer nominated by the President of the New Zealand Institute of Valuers. Section 32A inserted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 32A(2)﻿(a) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
33: Notice of valuation and right of objection thereto
1: The Māori Trustee Land Valuation Tribunal section 30
2: As soon as practicable after making any special valuation under section 30 Māori Trustee registered valuer Māori Trustee section 31 Māori Trustee
3: The Māori Trustee
4: In every notice given by the Māori Trustee Māori Trustee District Court
5: Nothing in this section shall be construed to prevent the Māori Trustee Māori Trustee Māori Trustee District Court
6: If the lessee or the Māori Trustee Māori Trustee District Court
7: Every objection filed as aforesaid shall specify the several items to which the objection relates, and, with respect to each item, shall specify the grounds of the objection.
8: On the filing of any such objection by the lessee, the Registrar of the District Court Māori Trustee registered valuer who conducted the special valuation objected to Māori Trustee registered valuer who conducted the special valuation objected to
9: For the purposes of this section, the expression appropriate office of the District Court section 2 Section 33(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 33(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 33(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 33(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 33(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 33(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 33(4) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 33(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 33(5) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 33(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 33(6) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 33(8) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 33(8) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 33(8) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 33(9) replaced 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 33(9) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
34: Rents under renewable leases
1: Subject to Part 1 form A section 31 Land Valuation Tribunal
2: Subject to Part 1 form B section 31 Land Valuation Tribunal provided that the rent in respect of any renewed term shall not, subject to the provisions of section 36 section 35 Section 34(1) amended 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997 Section 34(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 34(2) amended 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997 Section 34(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
35: Minimum annual rent in leases of rural land
1: For the purposes of this Part the annual rent payable in respect of the last preceding term of a lease referred to in subsection (2) of section 34
2: Where, for the purposes of this Part, it is necessary to ascertain the minimum annual rent of any land which is part only of the land comprised in a lease, the Māori Trustee Māori Trustee Section 35(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
36: Annual rent where minimum reduced because of uncontrollable deterioration
Where, pursuant to the provisions of section 53 Land Valuation Tribunal Land Valuation Tribunal Section 36 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
37: Lessee may require
Māori Trustee Where the lessee under a lease in form B Māori Trustee Māori Trustee Land Valuation Tribunal section 53 Section 37 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 37 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 37 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
38: Procedure when lessee does not accept renewal of a lease
Where the lessee elects not to accept a renewed term of a lease which is renewable in perpetuity, whether or not that lease is a prescribed lease, or fails to execute a memorandum of lease or a memorandum of extension of lease within 1 month after the same is tendered to him for the purpose, the right to a new lease of the land shall, as soon as practicable, be submitted to public competition by public tender, subject to the following terms and conditions:
a: the upset rent shall be the rent fixed for the term in accordance with the provisions of this Part or of the lease, as the case may require:
b: the amount of the upset rent, and the value of improvements as fixed by the special valuation under section 30
c: the outgoing lessee shall be entitled to tender:
d: the highest tender (being not less than the upset rent) shall be accepted:
e: the successful tenderer, not being the outgoing lessee, shall, within 14 days after notice has been given to him that he has been declared the purchaser of the aforesaid right, pay to the Māori Trustee
f: except in cases where the outgoing lessee is the purchaser, the Māori Trustee
g: if, in any case where the purchaser is a person other than the outgoing lessee, any of the said improvements have been destroyed or appreciably damaged or depreciated, the value of the improvements so destroyed or, as the case may be, the cost of repairing or restoring any improvements so damaged or depreciated shall be determined by agreement between the Māori Trustee Land Valuation Tribunal Māori Trustee Māori Trustee Māori Trustee Section 38(e) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 38(f) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 38(g) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 38(g) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
39: Procedure where right to new lease not purchased
1: If the right to a new lease is not purchased under section 38 Māori Trustee Māori Trustee Māori Trustee section 38
2: Where a right to a new lease has been submitted to public competition by public tender under this section, and the amount received by the Māori Trustee Māori Trustee section 38 Section 39(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 39(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
40: Date of commencement of new lease when offered for public competition
In offering for public competition the right to a new lease, the Māori Trustee Section 40 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
41: Until new lease commences, former lease deemed to continue
Until the date of commencement of a new lease granted under section 38 section 39 Section 41 amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002
42: Rights where lessee does not elect to take a renewable lease in prescribed forms
1: Subject to the provisions of this Act, every lessee who holds under a renewable lease of any Maori reserve or township land and who elects not to take, in accordance with the provisions of section 28
2: Where in any subsisting renewable lease there is a provision to the effect that the ground rent for a renewed term shall be ascertained by a valuer appointed by the Māori Trustee Māori Trustee section 82
3: In granting a renewed term of any lease to which the provisions of subsection (2) are applicable the Māori Trustee Section 42(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 42(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
42A: Surrender of leases
1: Notwithstanding the foregoing provisions of this Act, the Māori Trustee
2: Any surrender of lease may be upon such terms and conditions as the Māori Trustee provided that, where the subsisting lease is subject to a mortgage, no surrender of that lease shall be accepted by the Māori Trustee
3: Upon surrender of any lease under this section, the Māori Trustee Section 42A inserted 19 January 1981 section 6 Maori Purposes Act 1980 Section 42A(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 42A(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 42A(2) proviso amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 42A(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Jurisdiction of Land Valuation Tribunal Heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
43: Objections to valuations
All objections to valuations made under section 30 Land Valuation Tribunal Section 43 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
44: Hearing and determinations of objections
1: In hearing and determining any objection, the Land Valuation Tribunal Valuation of Land Act 1951
2: If, on the hearing of any objection, the Land Valuation Tribunal Section 44(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 44(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
45: Proceedings in relation to destroyed or damaged improvements
Any proceedings brought under section 38 Māori Trustee Māori Trustee Māori Trustee Section 45 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
46: Notification of amendments
The Registrar of the District Court Māori Trustee Tribunal registered valuer who conducted the special valuation objected to Tribunal Tribunal Māori Trustee section 47 Tribunal Section 46 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46 amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 46 amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 46 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
47: Appeal to
High Court Tribunal's
1: Within 2 months after the date of the receipt of the notice given under section 46 Māori Trustee Tribunal
2: Every such appeal shall be by way of rehearing. Section 47 heading amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 47 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 47(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 47(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
48: Appeals by notice of motion
1: Every appeal to the Valuation Court shall be brought by notice of motion filed in the office of the District Court
2: Where the appeal is from part only of the Tribunal's Section 48(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 48(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
49: Service of notice of motion
A copy of the notice of motion shall be served by the lessee on the Māori Trustee Māori Trustee Māori Trustee registered valuer who conducted the special valuation objected to Section 49 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 49 amended 1 July 1998 section 54(1) Rating Valuations Act 1998
50: Cross appeals
1: It shall not be necessary for the Māori Trustee Māori Trustee Tribunal
2: The omission to give any such notice within a reasonable time shall not diminish the powers of the Valuation Court, but may, at the discretion of the court, be a ground for the adjournment of the appeal or for a special order as to costs. Section 50(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 50(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
51: Chairman of
Tribunal
1: On the filing of a notice of motion on appeal under this Part, the Chairman of the Land Valuation Tribunal Tribunal Tribunal's
2: A copy of any report so prepared shall be transmitted by the Registrar of the Valuation Court to the Māori Trustee registered valuer who conducted the special valuation objected to Section 51 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 51(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 51(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 51(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
52: Court may affirm or vary determination
1: On the hearing of any appeal under this Part the Valuation Court may affirm, vary, or annul the determination appealed against and may make any such other order as it considers just in the circumstances.
2: Where the Valuation Court makes any alteration in a valuation it shall make all such consequential amendments as are necessary for the purpose of fixing the capital and unimproved values and the values of improvements.
3: The provisions of section 46 Māori Trustee Section 52(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
53: Determination as to uncontrollable deterioration
1: Any reference to the Land Valuation Tribunal section 37 Māori Trustee
2: Every such application shall be heard and determined by the Land Valuation Tribunal, and that Tribunal
3: For the purposes of any determination under this section the Land Valuation Tribunal provided that in fixing the amount to represent the deterioration in the quality of the land the Tribunal
4: In any proceedings under this section the onus of proving that the quality of the land has deteriorated through causes not reasonably within the control of the lessee or any former lessee, and the extent of that deterioration, shall be on the lessee. Section 53(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 53(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 53(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 53(3) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 53(3) proviso amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
54: Costs
The Land Valuation Tribunal Section 54 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
55: Ordinary practice and procedure to apply
Subject to the foregoing provisions of this Part, the practice and procedure of the Land Valuation Tribunal Land Valuation Proceedings Section 55 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 55 amended 1 April 1969 section 3(3) Land Valuation Proceedings Amendment Act 1968
56: Valuer-General's right of audience
1: In any proceedings taken in the Land Valuation Tribunal a registered valuer the registered valuer
2: Any expenses incurred by the Valuer-General in respect of any proceedings under this Part in the Land Valuation Tribunal commenced before 1 July 1998 Section 56(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 56(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 56(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 56(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
57: Land Valuation Tribunal Subject to the provisions of this Part, no proceedings in respect of any matter, provision for the hearing and determination of which is made by this Act shall be brought otherwise than before a Land Valuation Tribunal section 18 Proceedings Section 57 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 57 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 57 amended 1 April 1969 section 3(3) Land Valuation Proceedings Amendment Act 1968
4: Provisions with respect to leases of settlement reserves
58: Interpretation
In this Part, unless the context otherwise requires,— Committee renewable lease section 61
59: Māori Trustee The Māori Trustee Section 59 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 59 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
60: Renewal of subsisting leases
Subject to the provisions of this Act, every lessee who holds under a renewable lease of a settlement reserve shall, if he is in no way in default in respect of his duties and obligations under his lease, be entitled to have his lease renewed as nearly as may be in accordance with the terms, covenants, and conditions of the lease for the last expired term.
61: Renewable leases
Except so far as may be otherwise provided therein, every lease of a settlement reserve which is subsisting at the commencement of this Act and which confers on the lessee a right of renewal shall be renewable for periods of 21 years in perpetuity in accordance with the provisions of this Part.
62: Minimum annual rent
1: For the purposes of this Part the expression minimum annual rent section 63
a: in relation to any renewable lease the original term of which commenced before 1 January 1913, and which before the commencement of this Act has been renewed for 1 or more terms, the annual rent reserved by the lease at the commencement of the term of years created on the first renewal thereof:
b: in relation to any renewable lease the original term of which commenced after 31 December 1912, the annual rent reserved by the lease at the commencement of the original term thereof.
2: For the purposes of this section, the expired term of any renewable lease which has been surrendered or otherwise determined and the term of any lease (whether as to the whole or portion of the land comprised in the surrendered or determined lease) granted in substitution for the surrendered or determined lease, shall be reckoned together as 1 term.
3: Where for the purposes of this Part it is necessary to ascertain the minimum annual rent in respect of the land in a lease which is part only of the land which was comprised in the original lease at the commencement of the first term thereof or at the commencement of a subsequent renewal thereof, as the case may require, the Māori Trustee Māori Trustee Section 62(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
63: Minimum rent in cases of uncontrollable deterioration
1: Where the Committee has, pursuant to the provisions of section 75 subsection (2) of the said section 75
2: Where the annual rent for any lease is fixed pursuant to this section, the rent shall, notwithstanding anything contained in section 62
64: Valuations for renewal of leases
1: Not earlier than 1 year and not later than 6 months before the expiry of the term of any renewable lease, the Māori Trustee where section 14(4)
2: For the purpose of the valuation, the Māori Trustee section 14(4)
a: nominate a registered valuer to conduct the valuation; and
b: notify the lessee in writing of the name of the registered valuer.
3: If the lessee does not object to the registered valuer within 14 days after being notified of the nomination, that valuer may conduct the valuation.
4: If the lessee does object within 14 days after the notification, and no agreement as to who should conduct the valuation can be reached, the valuation is to be conducted by a registered valuer nominated by the President of the New Zealand Institute of Valuers. Section 64 replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 64(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 64(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
65: Certificate of valuation to be prepared
1: On the making of a special valuation as aforesaid the registered valuer
a: the name of the lessee;
b: the situation, description, and area of the land;
c: the nature and value of improvements thereon;
d: the unimproved value of the land; and
e: the capital value of the land.
2: For the purposes of this section the expressions improvements value of improvements unimproved value capital value Valuation of Land Act 1951 (as in force before its repeal by section 53 section 64
3: Notwithstanding anything contained in any other Act or rule of law, the expressions improvements unimproved value Valuation of Land Act 1951 Section 65(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 65(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
66: Notice of valuations and right of objection thereto
1: The registered valuer must provide both the Māori Trustee section 65
2: Where the Māori Trustee the Committee the Committee Māori Trustee Māori Trustee
3: If within the said period of 2 months the Māori Trustee Māori Trustee Section 66(1) replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 66(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 66(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 66(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 66(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
67: Where no objection lodged, renewal to be offered to lessee
1: If no objection is made to the special valuation within the said period of 2 months, the Māori Trustee
2: Where the annual rent calculated at the rate of 5% of the unimproved value of the land as determined by the special valuation is less than the minimum annual rent, the lessee, in electing to take a renewal of his lease, may require the Māori Trustee Māori Trustee section 75
3: If the lessee fails within the said period of 1 month to give to the Māori Trustee Māori Trustee Section 67(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 67(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 67(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
68: Procedure after objection determined
1: The Māori Trustee
2: The provisions of subsections (2) and (3) of section 67 section 69 Māori Trustee Section 68(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 68(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
69: Procedure where lessee does not accept renewal
Where the lessee elects not to accept a renewal of his lease, or fails to execute a memorandum of lease or a memorandum of extension of lease, as the case may be, within 14 days after the same has been tendered to him for the purpose, the right to a renewable lease of the land shall, as soon as practicable, be put up to public competition by public tender in the manner provided by section 38 sections 39 40 41 Jurisdiction of Valuation Appeal Committee
70: Valuation Appeal Committee
1: There is hereby constituted for the purposes of this Part a committee to be known as the Valuation Appeal Committee.
2: The Committee shall consist of:
a: 1 member to be appointed on the nomination of the Minister of Justice in consultation with the Minister of Maori Affairs:
b: 1 member to be appointed on the nomination of the Māori Trustee
c: 1 member to be appointed on the nomination of the Executive Committee of the West Coast Settlement Reserves Lessees Association.
3: The members of the Committee shall be appointed by the Governor-General and shall hold office during his pleasure. If any member dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made.
4: No person shall be eligible to be appointed or to remain as a member of the Committee who is a beneficial owner of any settlement reserve or who has any estate or interest in any lease of any such reserve, whether as lessee, mortgagee, trustee, or otherwise howsoever; nor shall any person act as a member of the Committee under paragraph (a) of subsection (2) on the hearing of an objection to any valuation made by him or which he assisted to make. If any person becomes disqualified as a member of the Committee under the foregoing provisions of this subsection, he shall vacate his office, and the vacancy shall be filled in the manner in which the appointment to that office was originally made. Section 70(2)﻿(a) replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 70(2)﻿(b) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
71: Remuneration and allowances of members of Committee
1: The 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 to the members of the Committee remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
3: The following provisions shall apply in respect of any payment under this section:
a: the remuneration, allowances, and expenses of any member appointed on the nomination of the Minister of Justice in consultation with the Minister of Maori Affairs who is not an officer of the public service
b: the remuneration, allowances, and expenses of the members other than the Chairman shall be paid by the Māori Trustee Section 71(3)﻿(a) replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 71(3)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 71(3)﻿(b) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
72: Certain costs of administration to come out of appropriated money
Subject to the provisions of section 71
73: Procedure of Committee
1: The Committee shall meet for the despatch of business at such times and places as it thinks fit.
2: All the members of the Committee shall be present at every meeting of the Committee.
3: The member appointed on the nomination of the Minister of Justice in consultation with the Minister of Maori Affairs
4: Every question before the Committee shall be decided by a majority of the votes of the members or, failing a majority, by the Chairman.
5: Subject to the provisions of this Act, the Committee shall determine its own procedure. Section 73(3) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
74: Objections to valuations to be heard by Committee
1: All objections to valuations under this Part shall be heard and determined by the Committee.
2: On the hearing and determination of any objection the Committee may confirm the valuation to which objection has been made or make such alterations in the valuation as it thinks proper, together with all such consequential amendments as may be necessary for the purpose of fixing the unimproved and capital values of the land and the value of improvements thereon.
3: The Committee shall, within the scope of its jurisdiction, be deemed a commission under the Commissions of Inquiry Act 1908
4: The Committee may receive as evidence any statement, document, information, or matter that in the opinion of the Committee may assist it to deal effectually with the matters before it, whether or not the same would be otherwise admissible in a court of law.
5: Proceedings before the Committee shall not be held bad for want of form, and no appeal shall lie from any decision of the Committee, nor, except on the ground of lack of jurisdiction, shall any proceeding or decision of the Committee be challenged, reviewed, quashed, or called in question in any court. Section 74(3) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
75: Determination as to uncontrollable deterioration
1: Where the lessee in electing to take a renewed term of his lease has, in accordance with the provisions of section 67 Māori Trustee Māori Trustee
2: For the purpose of fixing the amount by which the unimproved value of the land has depreciated since the date by reference to which the minimum annual rent has been ascertained, the unimproved value of the land at that date shall be deemed to be the minimum annual rent capitalized at 5%. Section 75(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
76: Valuer-General to be notified of Committee's decisions
Section 76 repealed 1 July 1998 section 54(1) Rating Valuations Act 1998
5: General provisions with respect to leases of reserved land
77: Lands held in trust for different owners may be comprised in 1 lease
In the exercise of his powers of leasing under this Act the Māori Trustee Māori Trustee Māori Trustee Section 77 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
78: Registration of leases
1: Upon the production of any lease of any reserved land, duly executed by the lessee and the Māori Trustee, and the payment of the appropriate fee, the Registrar-General of Land must issue a record of title for that leasehold estate.
2: Upon the registration of any such lease the estate or interest of the lessee shall be deemed to be land subject to the provisions of the Land Transfer Act 2017
3: Before registering any lease under this section the Registrar-General of Land may require the deposit of a plan of the land in accordance with section 224
4: Any lease granted by the Māori Trustee Land Transfer Act 2017 Section 78(1) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 78(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 78(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 78(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 78(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
79: Adjoining areas may be incorporated in existing lease
1: Where the lessee of any area of reserved land and the Māori Trustee Māori Trustee
2: Any such certificate shall have effect as if it were a lease variation instrument under section 92
3: The powers conferred by this section shall not be exercised in respect of a lease which is subject to a mortgage except with the consent of the mortgagee. Section 79(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 79(2) amended 12 November 2018 section 250 Land Transfer Act 2017
80: Implied covenants in leases of reserved land
In every lease of reserved land which is subsisting at the commencement of this Act, and in every lease of which the subsisting lease is a renewal and in every lease granted in renewal of a subsisting lease, there shall be implied, and be deemed always to have been implied covenants to the following effect:
a: that the lessee will not assign, sublet, or part with the possession of the demised land or any part thereof without the consent of the lessor in writing first had and obtained: provided that any such consent shall not be unreasonably or arbitrarily withheld in the case of a reputable assignee, subtenant, or under-lessee:
b: that the lessee will during the term, and as and when the same shall become due and payable, duly and punctually pay and discharge all rates, taxes, charges, (including electric light and power charges), and assessments (other than landlord's land tax) which during the term may be rated, taxed, charged, assessed, or made payable in respect of the said land or upon the lessor or lessee, and will keep the lessor fully indemnified against all liability in respect thereof.
81: Rights of tenants in common
Where any lease of reserved land which is renewable is held by 2 or more lessees as tenants in common and any 1 or more of those lessees elects not to accept a renewed term of the lease or fails to execute a memorandum of lease or a memorandum of extension of lease within the time limited in that behalf, that election or failure, as the case may be, shall in no way affect the rights of the other tenants in common, and the Māori Trustee Section 81 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
82: Submissions to arbitration
1: Where in any lease of reserved land it is provided that any matter or question arising thereunder shall be determined by arbitration, any such arbitration shall, subject to any express stipulation contained in the lease, and to the provisions of this section, be conducted by 2 arbitrators, one of whom shall be appointed by the lessee, and the other by the Māori Trustee
2: Where either party to the arbitration fails to appoint an arbitrator within 21 days after being requested so to do by the other party, the arbitrator appointed by the other party shall alone conduct the arbitration, and his decision shall be binding on both parties.
3: If the arbitrators fail to agree upon the matter referred to them within 28 days of the same having been so referred to them, the matter so referred shall be determined by an umpire to be appointed by the arbitrators, and the decision of the umpire shall be final and binding on both parties.
4: Each party to an arbitration shall pay the costs, charges, and expenses of the arbitrator appointed by him, and the costs, charges, and expenses of the umpire shall be borne equally between the parties.
5: Every arbitration under this section shall be carried on in the manner prescribed by the Arbitration Act 1996
6: Nothing in this section applies to any dispute or difference relating to the provisions implied in a lease by Part 1 Section 82(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 82(5) amended 1 July 1997 section 18 Arbitration Act 1996 Section 82(6) inserted 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997
83: Fees, costs, and expenses
1: The fees incurred in or about the making of any special valuation under this Act for the purposes of the renewal of any lease or a substituted lease granted pursuant to the provisions of section 28 Māori Trustee
2: The fees incurred in or about the making of any special valuation under this Act for the purposes of a substituted lease other than a substituted lease granted pursuant to section 28 Section 83(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
84: Māori Trustee In respect of the lease of any reserved land which immediately before the commencement of this Act was subject to the Westland and Nelson Maori Reserves Act 1887 Māori Trustee Section 84 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 84 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
6: General
Disposition of township land
85: Township land may be sold to Crown
1: The Māori Trustee Part 21 of the Maori Affairs Act 1953
2: The Crown may, in accordance with the provisions of section 259 of the Maori Affairs Act 1953 Part 21 of the Maori Affairs Act 1953
3: Notwithstanding anything contained in Part 2 Māori Trustee Section 85(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 85(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
86: Township land may be sold to private persons
1: The Māori Trustee
2: Any such sale may be effected by way of private contract, public auction, or public tender.
3: Where any such sale is effected pursuant to a resolution of the assembled owners all the provisions of Part 23 of the Maori Affairs Act 1953 shall, as far as they are applicable, and with the necessary modifications, apply thereto.
4: Notwithstanding anything contained in Part 2 Māori Trustee Section 86(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 86(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
87: Township land may be vested in owners
1: Where the Minister is satisfied that any township land is no longer required for that purpose he may apply to the court for an order declaring the land to be no longer subject to the provisions of this Act, and the court may make an order accordingly.
2: Except with the consent of the Chief Surveyor for the land district within which the township land is situated, no order shall be made under this section in respect of any land that is comprised in a public road. Where an order is made in respect of any such land, the land shall cease to be a road or part of a road as the case may be.
3: Except with the consent of the Minister of Conservation Reserves Act 1977
4: Where the court makes an order under this section in respect of any land it may, by the same or a subsequent order, vest the land in the person or persons found by the court to be entitled thereto, for a legal estate in fee simple, and, if more than 1, as tenants in common in the relative shares or interests determined by the court.
5: The provisions of this section shall, as far as they are applicable, apply with respect to any township land which, if it were not township land would be customary land, and for the purposes of this section the court may exercise in respect of any such land the powers and jurisdiction conferred upon it by the Maori Affairs Act 1953 in respect of customary land.
6: No order made by the court under this section shall affect any valid lease, mortgage, charge, or other encumbrance to which the land is subject at the date of the making of the order, or the right of any person to enforce any valid contract made with respect to the land before that date.
7: The Registrar-General of Land records of title Section 87(3) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 87(3) amended 1 April 1978 section 125(1) Reserves Act 1977 Section 87(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Miscellaneous
88: Māori Trustee Where any reserved land is held by the Māori Trustee Māori Trustee Section 88 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 88 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
88A: Proceeds of Wellington tenths sales may be used to acquire land or erect buildings
Notwithstanding the provisions of sections 9 88 Māori Trustee Section 88A inserted 14 December 1979 section 18 Maori Purposes Act 1979 Section 88A amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
89: Trust for Auckland and Onehunga Hostels Endowment
1: The Māori Trustee trust land
a: the purchase, taking on lease, or acquisition in any other manner of any land for the purpose of providing and maintaining buildings for the accommodation of Maoris or their descendants:
b: the erection, replacement, repair, upkeep, maintenance, equipping, and furnishing of any building provided for the accommodation of Maoris or their descendants, whether on the trust land or on land acquired pursuant to the provisions of paragraph (a):
c: the making of grants towards the erection, replacement, repair, upkeep, maintenance, equipping, and furnishing of any building, wheresoever situated, which, in the Māori Trustee's
d: the making of grants towards the provision and maintenance (including the payment of existing debts) of any marae, community centre, sports ground, or cultural centre, or other centre of a similar nature, which in the Māori Trustee's
2: Any land acquired by the Māori Trustee Māori Trustee provided that no such land shall be sold by the Māori Trustee
3: The trusts declared by this section are in substitution for the trusts subsisting in respect of the trust land immediately before the commencement of this Act. Section 89(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 89(1)﻿(c) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 89(1)﻿(d) inserted 17 December 1971 section 4 Maori Purposes Act 1971 Section 89(1)﻿(d) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 89(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 89(2) proviso amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
90: Nelson Tenths Benefit Fund
1: The Māori Trustee
2: The money in the benefit fund may from time to time be expended or applied, at the Māori Trustee's
3: Nothing in this section shall be so construed as to oblige the Māori Trustee Māori Trustee Section 90(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 90(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 90(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
91: Special provisions applying to certain Motueka reserves
1: Notwithstanding any variation between the names and relative shares of the owners as set forth in the schedules annexed to certain orders made by the court on 17 June 1901, in respect of the lands referred to in subsection (3), and the names and relative shares of the beneficial owners of the said lands as appearing in the records of the Māori Trustee Public Trust Māori Trustee Māori Trustee Māori Trustee
2: On application by the Māori Trustee section 13
3: The lands to which this section applies are Motueka Sections 126, 127, 129, 132, 144, 145, 146, 147, 160, 161, 162, 163, 164, 165, 181, 182, 183, 184, 187, 188, 210, 211, and 212, or so much of those lands as remains vested in the Māori Trustee Section 91(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 91(1) amended 1 March 2002 section 152(1) Public Trust Act 2001 Section 91(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 91(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
92: Service of notices
1: Any notice that may be required to be given to any person for the purposes of this Act may be given by delivering it to him personally or may be given by sending it to him by registered letter addressed to him at his last known place of abode or business in New Zealand. Notice given by registered letter shall be deemed to have been received when in the ordinary course of post it would be delivered.
2: Where any such notice has been given by the agent of a person required to give that notice, service of any subsequent notice required to be given by the person on whom the original notice was served may be effected by serving the notice in manner aforesaid on that agent.
3: Service of any notice may be effected in manner aforesaid on the personal representative of any deceased person.
93: Repeals and savings
1: The enactments specified in Schedule 3
2: Without limiting the provisions of the Acts Interpretation Act 1924