Maori Affairs Restructuring Act 1989

1: Short Title and commencement
1: This Act may be cited as the Maori Affairs Restructuring Act 1989.
2: This Act shall come into force on 1 October 1989.
2: Interpretation
1: In this Act, unless the context otherwise requires,— chief executive court General land owned by Maori improvements effected by a lessee Part 11 Maori Minister Ministry State Sector Order 1991 public service operative date ownership
2: For the purposes of this Act, any land and any interest in land that is owned as joint tenants or tenants in common by 2 persons who are married to , or in a civil union with, Section 2(1) Board's programmes repealed 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 2(1) chief executive inserted 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 2(1) Department's programmes repealed 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 2(1) General Manager repealed 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 2(1) improvements effected by a lessee amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 2(1) Iwi Transition Agency repealed 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 2(1) Ministry inserted 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 2(1) Ministry amended 7 August 2020 section 135 Public Service Act 2020 Section 2(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
3: Act to bind the Crown
This Act binds the Crown.
1: Iwi Transition Agency
4: Department of Maori Affairs restructured
Section 4 repealed 1 January 1992 section 10(1) Ministry of Maori Development Act 1991
5: Title of chief executive
Section 5 repealed 1 January 1992 section 10(1) Ministry of Maori Development Act 1991
6: Primary objective of Iwi Transition Agency
Section 6 repealed 1 January 1992 section 10(1) Ministry of Maori Development Act 1991
7: Functions of Iwi Transition Agency
Section 7 repealed 1 January 1992 section 10(1) Ministry of Maori Development Act 1991
8: Iwi Transition Agency to take over from Department
Section 8 repealed 1 January 1992 section 10(1) Ministry of Maori Development Act 1991
9: Administration of court transferred to Department of Justice
Section 9 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
10: Enactments amended consequential upon restructuring of Department
Section 10 repealed 1 January 1992 section 10(1) Ministry of Maori Development Act 1991
11: Board of Maori Affairs abolished
Section 11 repealed 1 January 1992 section 10(1) Ministry of Maori Development Act 1991
12: General manager to take over from Board
Section 12 repealed 1 January 1992 section 10(1) Ministry of Maori Development Act 1991
13: Enactments amended and repealed consequential upon abolition of Board of Maori Affairs
1:
2: The enactments specified in Schedule 3 Section 13(1) repealed 1 January 1992 section 10(1) Ministry of Maori Development Act 1991
13A: Registration of documents following change of owner
1: No Registrar of Deeds or District Land Registrar or any other person charged with the keeping of any books or registers shall be obliged solely by reason of the provisions of section 8 section 12
a: executed or purporting to be executed by the Iwi Transition Agency or by the General Manager of the Iwi Transition Agency; and
b: relating to any property held immediately before 1 October 1989 by the Department of Maori Affairs or (as the case may require) by the Board of Maori Affairs; and
c: containing a recital that the property has become vested in the Iwi Transition Agency or (as the case may require) in the General Manager of the Iwi Transition Agency,— shall, in the absence of proof to the contrary, be sufficient evidence that the property is vested in the Agency or General Manager.
2: Except as provided in subsection (1), nothing in this Act shall derogate from the provisions of the Land Transfer Act 2017 Section 13A inserted 20 June 1991 Maori Affairs Restructuring Amendment Act 1991 Section 13A(2) amended 12 November 2018 section 250 Land Transfer Act 2017
2: Maori land development
14: Main purpose of this Part
1: The main purpose of this Part is to promote the occupation of Maori freehold land by Maori and the use of such land by Maori for farming purposes.
2: Nothing in this section shall limit the operation of any of the provisions of this Part that relate to Crown land or General land, or that provide for the occupation of any land by persons other than Maori, or that provide for the carrying on, on any land, of any industry or undertaking other than farming.
15: Chief executive In the exercise of the functions and powers conferred by this Part, the chief executive chief executive Section 15 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 15 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
16: Contracts by
chief executive Every contract made by the chief executive and Part 3 Section 16 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 16 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 16 amended 20 June 1991 Maori Affairs Restructuring Amendment Act 1991
17: Rights of owners while land remains subject to this Part
1: The fact that any land is for the time being subject to this Part shall not affect the legal ownership of that land, but the rights of the owners shall be subject to the special provisions of this Part and to the right of the chief executive chief executive
2: All property other than land or interests in land for the time being held by the chief executive chief executive
3: The disposition by operation of law or otherwise of the interest of any owner in any land that is subject to this Part shall, whether so expressed or not in any instrument of disposition, be and be deemed to be a disposition of that owner's corresponding interest in any other property held by the chief executive Section 17(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 17(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 17(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
18: Rights and obligations of
chief executive While any land that is for the time being subject to this Part is not in the occupation of a lessee, the chief executive Fencing Act 1978 Section 18 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 18 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
19: Chief executive
1: All lands that immediately before the commencement of this Act were subject to Part 24 of the Maori Affairs Act 1953
2: Subject to the provisions of this section, the chief executive Gazette
a: any Maori freehold land that, in the opinion of the chief executive
b: any General land owned by Maori, or any General land owned for the benefit of Maori, that, in the opinion of the chief executive
c: any Crown land to which section 331 of the Maori Affairs Act 1953
d: any land acquired by the chief executive section 62 section 63
3: Before declaring to be subject to this Part any land to which paragraph (a) or paragraph (b) of subsection (2) applies, the chief executive chief executive
4: No land shall be declared by the chief executive
5: Except as provided in subsection (6), no alienation of any land that is for the time being subject to this Part or of any interest in it and no partition order in respect of it shall be made without the consent of the chief executive
6: The consent of the chief executive Part 14 section 164 the Māori Trustee
7: Any notice under this section may from time to time be amended or replaced by the chief executive Gazette
8: Where any notice under subsection (7) relates solely to land not previously declared to be subject to this Part, the provisions of subsection (3) or of subsection (4) shall not apply with respect to any land affected by the notice. Section 19 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 19(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 19(2)﻿(a) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 19(2)﻿(b) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 19(2)﻿(d) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 19(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 19(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 19(5) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 19(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 19(6) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 19(6) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 19(7) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
20: Crown land may be made subject to this Part
1: With the consent of the Minister of Lands, granted upon such terms and conditions as that Minister thinks fit, the chief executive Land Act 1948
2: Where pursuant to this section any Crown land has been declared to be subject to this Part, the Registrar-General of Land chief executive certificate of title
3: Notwithstanding any Act or rule of law to the contrary, the fee simple estate in the land shall not be merged in any other interest possessed by Her Majesty, but shall enure as a separate estate available for the purposes of this Part. Section 20(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 20(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 20(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
21: Land subject to this Part may be excluded from Part
The chief executive Gazette Section 21 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
22: Notices may be registered against title
Any notice declaring any land to be subject to this Part, or declaring that any land has ceased to be subject to this Part, shall be registered by the Registrar-General of Land Registrar-General of Land Gazette chief executive Section 22 amended 12 November 2018 section 250 Land Transfer Act 2017 Section 22 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
23: Record of valuations to be kept
1: When any land is declared to be subject to this Part, the chief executive
2: The chief executive of the Ministry of Maori Development is to arrange for a special valuation to be made by a registered valuer, with such particulars as to the capital value and as to the nature and value of any improvements on the land as the chief executive may require.
3: All records and valuations made pursuant to this section shall be filed by the chief executive Section 23(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 23(2) substituted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 23(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
23A: Special valuations made for the purposes of this Part 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 of land subject to this Part requires or provides for any special valuation to be made; and
b: the Valuer-General has not made the valuation concerned before 1 July 1998;— and this Part, and any lease of land subject to this Part, are to be read accordingly with any necessary modifications and as if the references to the Valuer-General were references to a registered valuer.
2: In the case of any special valuation 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 lessor, whether of the lessor's own motion or at the request of the lessee, must—
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 23A inserted 1 July 1998 section 54(1) Rating Valuations Act 1998 Utilisation of land subject to this Part
24: General provisions as to utilisation of land
1: Any land that for the time being is subject to this Part may be used or disposed of by the chief executive
a: any such land may be occupied by the chief executive chief executive
b: any such land may be occupied by persons nominated by the chief executive
c: any such land may be leased by the chief executive
d: any such land that is owned by 1 or more owners, whether jointly or in common, may, with the approval of the chief executive chief executive
2: Any Crown land that has been declared to be subject to the provisions of this Part or to the corresponding provisions of any former Act may be used or disposed of by the chief executive section 20 chief executive chief executive Section 24(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 24(1)﻿(a) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 24(1)﻿(b) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 24(1)﻿(c) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 24(1)﻿(d) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 24(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
25: Chief executive On any land that is for the time being subject to this Part, the chief executive chief executive Section 25 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 25 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
26: Chief executive Any land that is subject to this Part may be used by the chief executive chief executive Section 26 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 26 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
27: Chief executive
1: The chief executive chief executive chief executive chief executive
2: Any property acquired by the chief executive chief executive chief executive
3: Nothing in this section shall limit the authority of the chief executive chief executive Section 27 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 27(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 27(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 27(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
28: Chief executive may acquire shares in companies
1: The Minister may from time to time, with the agreement of the Minister of Finance, subscribe for or otherwise acquire shares in any company incorporated in New Zealand that carries on or proposes to carry on business of a kind related to the chief executive's provided that the agreement of the Minister of Finance shall not be necessary where the value of the shares does not exceed $10,000.
2: The Minister may exercise in respect of any shares acquired under subsection (1) all rights and powers as the holder of the shares, and may at any time sell or otherwise dispose of the shares as the Minister thinks fit. Section 28 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 28(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Use of land by nominated occupiers
29: Nominated occupiers
1: The chief executive
2: A nominated occupier may be the owner or one of the owners of the land or may be any other person appointed by the chief executive
3: A nominated occupier shall not, as such, be entitled to any estate or interest in the land of which he or she is the nominated occupier.
4: The nominated occupier of any land shall occupy and use the land under the control and supervision of the chief executive chief executive
5: Except with the consent of the chief executive chief executive
6: Subject to the foregoing provisions of this section, the rights, privileges, obligations, and duties of the nominated occupier shall be as set forth in the terms of the licence.
7: Section 29(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 29(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 29(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 29(5) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 29(7) repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999
30: Occupier may be required to execute instruments for registration under Chattels Transfer Act 1924
1: The nominated occupier shall, as and when required by the chief executive Chattels Transfer Act 1924
2: Every instrument so executed by a nominated occupier pursuant to this section shall be as valid against the occupier and any other person as if the occupier were the sole owner of the stock, machinery, implements, money, or other property to which the instrument relates, and the validity or effect of any such instrument shall not be affected by the fact that the right of the occupier to occupy any land may have been cancelled or revoked, or that the occupier may have died, or that for any other reason the occupier may have ceased to occupy the land. Section 30(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Leases of land subject to this Part
31: Chief executive may grant leases
1: The chief executive
2: Subject to the provisions of this Part and of any regulations made for the purposes of this Part, the chief executive
3: Without limiting the generality of the authority of the chief executive chief executive chief executive
4: All money so payable by the lessee in respect of improvements shall, unless the chief executive the Māori Trustee chief executive the Māori Trustee sections 43 50
5: No lease or other alienation of Maori freehold land under this Part shall require to be confirmed by the court. Section 31 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 31(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 31(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 31(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 31(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 31(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
32: Preference to be given to Maori
Every lease under this Part shall be granted to a Maori or to 2 or more Maori unless in the case of any particular area the chief executive Section 32 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
33: Leases may be registered against land without production of title
Every lease granted under this Part in respect of land that is subject to the Land Transfer Act 2017 Section 33 amended 12 November 2018 section 250 Land Transfer Act 2017
34: Term of leases in respect of Maori land or land owned by Maori
1: Every lease granted under this Part in respect of Maori freehold land or of General land owned by Maori shall be for such term as the chief executive
2: Subject to the provisions of this section as to the maximum duration of the lease, any such lease may confer on the lessee a right of renewal for 1 or more terms. Section 34(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
35: Term of leases of Crown land
1: Every lease granted under this Part in respect of Crown land shall be for such term as the chief executive
2: Any such lease may confer on the lessee a right of renewal for 1 or more terms of the same or a shorter duration, or may confer on the lessee a perpetual right of renewal for the same or a shorter term. Section 35(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
36: Provisions as to review of rent during currency of lease and on renewal
1: On the grant of a lease under this Part, the chief executive
2: In any such lease, the chief executive
3: In every lease that makes provision for the review of the rent during the currency of the lease, and in every lease that provides a right of renewal, the chief executive
4: If on the review of the rent payable under any lease or on the renewal of any lease the rent, ascertained in accordance with subsection (3), would be less than the rent previously payable, the rent shall not be reduced in accordance with the valuation, but shall continue at the amount previously payable, unless the lease provides that on review or renewal the rent shall or may be reduced if the values are not sufficient to support the original rent. Section 36(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 36(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 36(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
37: Special valuation for purposes of fixing new rent
1: For the purpose of determining the rent to be paid by the lessee on the review of the rent or on the grant of a renewal of the lease, the chief executive is to arrange for a special valuation of the land comprised in the lease to be made by a registered valuer.
2: On the completion of the special valuation, the registered valuer
a: the name of the lessee:
b: the area of the land comprised in the lease, and the name by which the land is commonly known or other description of the land sufficient to identify it:
c: a list of the improvements and the value of those improvements, either separately or in classes:
d: the unimproved value of the land:
e: the capital value of the land.
3: For the purposes of this section, the terms capital value value of improvements (as in force before its repeal by section 53
4: For the purposes of any determination by a registered valuer Valuation of Land Act 1951 section 2 of that Act improvements provided that the reclamation of land from the sea shall not in any case be deemed to be improvements either of the land reclaimed or of any other land: provided also that work done or material used on or for the benefit of any land by the expenditure of capital or labour by any owner or occupier of the land in the provision of roads or in the provision of water, drainage, or other amenities in connection with the subdivision of the land for building purposes shall not be deemed to be improvements after the land has been sold or another person has taken actual occupation of the land (whether by virtue of a tenancy for not less than 6 months certain or not).
5: For the purposes of any determination by a registered valuer unimproved value
6: Every certificate given by a registered valuer section 38 Section 37(1) substituted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 37(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 37(3) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 37(4) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 37(5) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 37(6) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
38: Notice of valuations and right of objection
1: As soon as practicable after making the special valuation, the registered valuer chief executive
2: The chief executive
3: In the notice given under subsection (2), the chief executive
4: If the lessee or the chief executive chief executive
5: Every objection filed shall specify the several items to which the objection relates, and with respect to each item shall specify the grounds of the objection.
6: On the filing of any such objection by the lessee, the Registrar of the court shall forthwith give to the chief executive the registered valuer chief executive
7: For the purposes of the foregoing provisions of this section, the expression the appropriate office of the District Court section 2
8: All objections made in the manner prescribed by this section are to be heard and determined in similar manner to objections made to valuations under the Rating Valuations Act 1998 sections 34 35 36 38
a: the registered valuer had been appointed by a territorial authority to review the objection; and
b: the review had been made under section 34
c: the references to a territorial authority in sections 34(4) 35 36
9: If on the hearing of any objection any alteration in the valuation is made, the registered valuer Section 38(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 38(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 38(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 38(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 38(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 38(6) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 38(6) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 38(8) substituted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 38(9) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
39: Chief executive Notwithstanding anything in the foregoing provisions of this Part or in any lease granted under this Part or under the corresponding provisions of any former Act, the chief executive chief executive Section 39 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 39 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
40: Compensation for improvements
1: Every lease granted under this Part (other than a lease of Crown land with a perpetual right of renewal) shall contain express provisions to the following effect:
a: that the lessee shall, on the expiry of the lease by effluxion of time, be entitled to compensation for improvements effected by the lessee (being all such improvements or improvements of a kind or class to be specified in the lease); or
b: that the lessee shall not be entitled to any compensation for improvements effected by the lessee.
2: Where provision is made for payment to the lessee of compensation for any improvements, the lease shall specify the percentage that the amount of compensation shall bear to the value of those improvements as at the termination of the lease, being, in the case of Maori freehold land or of General land owned by Maori, not more than 75% of the value of those improvements.
3: Notwithstanding anything in the foregoing provisions of this section, any lease that provides for the payment of compensation for improvements may further provide that the right to compensation may be forfeited, in whole or in part, if the lessee fails to comply with any specified covenants of the lease.
41: Compensation to be ascertained by valuation
1: For the purpose of ascertaining the amount of compensation to which any lessee is entitled in accordance with this Part and the terms of the lease, the chief executive of the Ministry of Maori Development must (in accordance with section 23A(2)
2: The provisions of sections 37 38 Section 41(1) substituted 1 July 1998 section 54(1) Rating Valuations Act 1998
42: Rent to be paid to
Māori Trustee
1: Unless the chief executive the Māori Trustee
2: Any part payable to the Māori Trustee the Māori Trustee the Māori Trustee the Māori Trustee Section 42 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 42(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 42(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 42(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
43: Sinking fund to provide compensation for lessees of Maori land
1: For the purpose of making provision for the payment of the compensation to which the lessee of any Maori freehold land or of General land owned by Maori may be entitled, the chief executive Māori Trustee Māori Trustee chief executive Māori Trustee’s Account Maori Trustee Act 1953
1A: Notwithstanding anything in subsection (1), the Māori Trustee Māori Trustee's Account
2: The compensation payable to any such lessee shall, when it becomes due and payable, be paid by the Māori Trustee
3: If the money available for the payment of compensation exceeds the amount payable as compensation to the lessee, the Māori Trustee chief executive
4: If the money available is insufficient to pay the lessee the full amount of the compensation to which the lessee is entitled, the deficiency shall be paid as an advance out of public money appropriated by Parliament or money otherwise available for the purposes of this Part, and the land in respect of which any such advance is made shall be charged with the payment of the amount so advanced, together with interest at a rate to be fixed by the Minister of Finance. Where the land so charged is comprised in 2 or more separate titles, the court, on the application of the chief executive
5: In respect of any charge imposed under this section, the chief executive Registrar-General of Land or the Registrar of Deeds, as the case may be implied by the Property Law Act 2007
6: The principal money secured under any such memorial of charge shall be due upon a date to be specified in it in that behalf. Interest at the rate fixed in accordance with subsection (4) shall be payable on the dates to be specified in the memorial. Section 43(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 43(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 43(1A) inserted 20 June 1991 Maori Affairs Restructuring Amendment Act 1991 Section 43(1A) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 43(1A) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 43(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 43(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 43(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 43(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 43(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 43(5) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 43(5) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
44: Compensation for improvements to lessees of Crown land
1: The following provisions of this section shall apply with respect to leases of Crown land subject to this Part by which provision is made for the payment to lessees of compensation for improvements.
2: If on the expiry of any lease to which this section applies the chief executive
3: Where the chief executive section 31(3) the registered valuer section 41
4: Where the chief executive chief executive
5: If the expired lease does not stipulate for disposal by public tender of the land comprised in the lease, the chief executive
6: All money received by the chief executive the registered valuer chief executive
7: No person shall have any right of action against Her Majesty or any other person in respect of any delay on the part of the chief executive Section 44(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 44(3) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 44(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 44(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 44(5) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 44(6) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 44(6) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 44(7) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
45: Payment of value of improvements to lessee with perpetual right of renewal
1: The provisions of section 44
2: Subject to the provisions of section 44 a registered valuer Section 45(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
46: Record of improvements
1: On the grant of any lease under this Part, whether or not it confers on the lessee a right to compensation for improvements effected by the lessee, the chief executive chief executive
2: On the grant of a lease that confers on the lessee a right to compensation for improvements or on the grant of any lease with a perpetual right of renewal, the value of the improvements shall be ascertained by a registered valuer chief executive
3: If any lease is granted within 3 years after the date of a special valuation made pursuant to section 37 chief executive
4: The cost of making any such record and valuation shall be deemed to be an expense properly deductible from any rent received by the Māori Trustee the Māori Trustee the Māori Trustee
5: Where any lessee makes or proposes to make any improvements on the land comprised in the lease, the lessee shall be entitled, on application to the chief executive
6: Every record made under this section shall be retained by the Department, and shall at all times be receivable as sufficient evidence of the facts so recorded in all matters and proceedings relating to the value of the improvements effected by the lessee. Section 46(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 46(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 46(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 46(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 46(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46(5) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
47: Surrender of leases
The chief executive chief executive Section 47 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
48: Costs
The cost of the preparation, execution, stamping, and registration of any lease granted under this Part and the cost of any special valuation made in terms of a lease shall be borne and paid by the lessee, but any such costs may, at the discretion of the chief executive Section 48 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
49: Restriction on lessee's powers of disposition
1: Except with the prior consent of the chief executive chief executive
2: In giving any such consent, the chief executive chief executive
3: The consent of the chief executive chief executive
4: For the purpose of subsection (3), the word Maori section 4
5: Nothing in this section shall apply to any disposition by will in favour of the widow, widower, surviving civil union partner, Section 49(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 49(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 49(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 49(4) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 49(5) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
50: Application of rents received
The net rent received under any lease granted under this Part in respect of Maori freehold land or of General land owned by Maori shall, after the making of any proper deductions, be applied by the Māori Trustee chief executive
a: in payment of all rates, taxes, and other assessments and outgoings payable by the owners in respect of the land:
b: in the discharge, to such extent as the chief executive
c: in payment of any commission payable to the Māori Trustee
d: in payment of the residue to the Maori owners or other persons having any estate or interest in the land in accordance with their respective interests. Section 50 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 50 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 50(b) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 50(c) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
51: Apportionment of rent where land under separate titles
Where any Maori freehold land or General land owned by Maori is held under separate titles, the rent received in respect of the land shall be apportioned to the separate areas in such proportions as may be fixed by the lease in that behalf, and where the proportions are not fixed by the lease shall be apportioned in such manner as the chief executive Section 51 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
52: Application of rents received in respect of Crown land
The rent received in respect of any Crown land that is subject to this Part shall be paid by the Māori Trustee Section 52 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Security for money expended or advanced by chief executive Heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
53: Money expended by
chief executive
1: All money expended by the chief executive
2: If any land that is subject to a charge imposed in accordance with this section is comprised in 2 or more separate titles, the charge shall be apportioned to the lands comprised in the several titles in such amounts as the chief executive
3: On the application of the chief executive chief executive Section 53 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 53(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 53(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 53(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
54: Court may impose charges for betterment
1: Where the chief executive chief executive chief executive chief executive
2: No such charge shall be made against any land or interest in land owned by a person who is not Maori unless that person has consented to contribute to the cost of any work in respect of which the chief executive
3: On the making of a charging order under this section, the amount of the charge shall become due and payable and shall be recoverable as a debt due to the Crown by the owner of the land or interest that is subject to the charge. Section 54(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 54(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
55: Variation and registration of charges
1: Subject to any regulations made for the purposes of this Part, the court may at any time, on the application of the chief executive section 53 section 54
2: Any charge imposed in respect of any land by or pursuant to either of those sections may be registered under the Land Transfer Act 2017 Deeds Registration Act 1908
3: A certificate given on behalf of the chief executive Section 55(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 55(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 55(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
56: Enforcement of charges
1: Any such charge in respect of which a charging order has been made may, on application by the chief executive
a: by the appointment of a receiver in respect of the land or interest in land; or
b: by the making of an order vesting in Her Majesty either the whole or such part of the land or interest in land as will, in the opinion of the court, be sufficient to satisfy the charge.
2: Upon the making of an order under paragraph (b) of subsection (1), the land or interest in land affected by the order shall be deemed to be vested in Her Majesty, subject to any estate or interest having priority to the charge, and the charge shall be deemed to be extinguished.
3: Any land that is so vested in Her Majesty may be proclaimed Crown land in the same manner as if it were land acquired by the Crown pursuant to Part 21 of the Maori Affairs Act 1953 Section 56(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Advances to lessees
57: Advances to lessees
1: The chief executive
a: for the purchase of livestock, seeds, manures, fencing materials, tools, implements, machinery, and other equipment or any other materials or things that in the opinion of the chief executive
b: for the discharge of any liabilities of the lessee incurred in respect of the land and for the payment of any money for the time being payable in respect of the land, whether as rates, taxes, rent, money secured by any mortgage or charge, insurance premiums, or otherwise:
c: for the farming, developing, improvement, maintenance, and current working expenses of the land:
d: for the purchase by the lessee of the improvements or of any of the improvements subsisting on the land at the commencement of the lease:
e: for any other purpose that the chief executive
2: Any money advanced under this section may in the discretion of the chief executive chief executive
3: The power to make advances under this section shall be deemed to include power to make readvances on current account for all or any of the purposes described in subsection (1).
4: The fact that the account with the chief executive Section 57(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 57(1)﻿(a) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 57(1)﻿(e) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 57(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 57(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
58: Security to be given by lessee in respect of expenditure of
chief executive
1: In addition to the security by way of charge imposed by or pursuant to the foregoing provisions of this Part, the chief executive chief executive chief executive
2: Subject to any regulations made for the purposes of this Part, any mortgage, assignment, order, or other security given under this section may be taken in the name of Her Majesty or in the name of the chief executive chief executive
3: Subject to any regulations made for the purposes of this Part, any mortgage, assignment, order, or other security under this section may, whether or not the money secured thereby has been repaid, be at any time wholly or partly discharged or cancelled by direction of the chief executive
4: The remedies of the chief executive chief executive Section 58 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 58(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 58(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 58(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 58(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
59: Advances to owners of freehold land
Without prejudice to any provision of this Part, the chief executive sections 57 58 Section 59 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Advances to purchasers
60: Advances to purchasers of freehold interests
Without prejudice to any provision of this Part, the chief executive sections 57 58 Section 60 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
61: Advances to purchasers of leasehold interests
Without prejudice to any provision of this Part, the chief executive sections 57 58 Section 61 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Special powers of chief executive Heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
62: Chief executive
1: For any of the purposes of this Part, the chief executive
2: The chief executive
3: Where any land or interest in land has been acquired by the chief executive
4: On the production of a certificate given by or on behalf of the chief executive chief executive Registrar-General of Land must record on the record of title Section 62 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 62(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 62(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 62(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 62(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 62(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
63: Acquisition of land by
chief executive
1: The chief executive
2: Any money expended by the chief executive section 53 Section 63 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 63(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 63(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
64: Land may be vested in owners
1: On application by the chief executive section 63
2: Instead of making a vesting order under this section, the court, if it thinks it convenient to do so, may amend any existing instrument of title so as to include the land to be vested. Any land included pursuant to this subsection in an existing instrument of title shall have the same status, as General land or Maori freehold land, as the land originally comprised in the instrument.
3: The Registrar-General of Land records of title
4: To facilitate the disposal of any land or interest in land acquired by the chief executive section 62 chief executive section 63 Section 64(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 64(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 64(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
65: Chief executive
1: The chief executive chief executive
2: Where any land over which an easement is granted pursuant to this section is held under lease granted by the chief executive Section 65 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 65(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 65(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
66: Water supplies
1: The chief executive chief executive
2: For the purposes of this section, the term waterworks
3: For the purposes of this section, the term occupier chief executive
4: The chief executive chief executive's chief executive chief executive chief executive chief executive Arbitration Act 1996
5: The chief executive Gazette section 22
6: The occupier of any land in a water area shall pay in respect of the cost of waterworks and the water supplied or available to the occupier such amounts by way of levy as the chief executive
7: The levies shall be of such amounts as appear to the chief executive chief executive chief executive chief executive
8: Any waterworks constructed or purchased by the chief executive chief executive chief executive
9: Any local authority or department of State to which any waterworks are disposed of under subsection (8) or any subsequent disposal shall have the same power to enter on land to examine or repair waterworks as the chief executive chief executive chief executive chief executive chief executive
10: Notwithstanding anything to the contrary in any Act or rule of law, any waterworks constructed or purchased by the chief executive chief executive chief executive
11: The chief executive chief executive chief executive chief executive
12: Any such committee of management may be at any time discharged or reconstituted by the chief executive Section 66(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 66(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 66(4) amended 1 July 1997 section 18 Arbitration Act 1996 Section 66(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 66(5) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 66(6) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 66(7) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 66(8) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 66(9) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 66(10) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 66(11) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 66(12) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
67: Chief executive
1: The chief executive chief executive
2: There may be paid to advisers employed or engaged under this section (not being officers of the public service chief executive Section 67 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 67(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 67(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 67(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
68: Right to cut timber, etc
1: For the purposes of this Part, the chief executive
2: The chief executive chief executive chief executive chief executive chief executive chief executive
3: Any timber or other substances obtained by the chief executive chief executive chief executive Section 68(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 68(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 68(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
69: Power to pay rates, taxes, and other money
1: The chief executive
2: The fact that any land is declared to be subject to this Part or that any money is paid or any powers are exercised in respect of any such land by the chief executive
3: All money paid by the chief executive
4: On the application of the chief executive chief executive
5: On the making of any such order, the amount of the charge, with interest, shall be due and payable as a debt due to the Crown by the owner of the land or interest that is subject to the charge. Section 69(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 69(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 69(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 69(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
70: Sharemilking contracts, etc
1: The chief executive chief executive chief executive
2: Any contract made under this section may be at any time determined by the chief executive Section 70(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 70(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
71: Use of land for industries other than farming
Where in the opinion of the chief executive chief executive chief executive Section 71 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
72: Use of land for afforestation purposes
1: Where in the opinion of the chief executive chief executive
a: undertake and carry out on the land such operations as the chief executive
b: appoint the Minister of Forestry or Crown Forestry Management Limited chief executive section 64
c: enter into any contract or agreement with, or grant a lease or licence to, any person or body corporate for the purpose of carrying out any forestry operations on the land.
2: Any lease or licence granted by the chief executive chief executive chief executive Section 72(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 72(1)﻿(a) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 72(1)﻿(b) amended 31 May 1996 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 Section 72(1)﻿(b) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 72(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
73: Surveys
1: The chief executive chief executive Part 16
2: Surveys under this section shall be carried out, in accordance with the directions of the chief executive licensed cadastral surveyors public service Section 73(1) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 73(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 73(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 73(2) amended 1 June 2002 section 68(1) Cadastral Survey Act 2002 Section 73(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
74: Power to pay revenue from land to owners
1: Any money received by the chief executive chief executive
2: Where the chief executive chief executive chief executive Section 74(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 74(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Miscellaneous provisions
75: Payment in respect of benefit to Crown land that is not subject to this Part
1: Where any Crown land that is not subject to this Part has been improved or increased in value by reason of any operations or expenditure of money in respect of any land that is subject to this Part, there may, in accordance with the directions of the Minister of Finance, be paid out of public money appropriated by Parliament such amount or amounts as the Minister of Finance may from time to time determine in respect of the benefit accrued to the Crown land.
2: Any money so paid shall be applied as far as it will extend in satisfaction of the money (if any) charged on the land in respect of which the operations were undertaken or the expenditure was made.
76: Development of land under Land Act 1948
1: Where it is agreed between the chief executive Landcorp Farming Limited Landcorp Farming Limited chief executive
2: All money expended under this section in respect of land that is subject to this Part shall be a charge upon the land in respect of which the expenditure is incurred, and shall bear interest at such rate as the Minister of Finance from time to time determines.
3: The foregoing provisions of this Part as to charges on land in respect of expenditure incurred by the chief executive
4: There shall from time to time, as the Minister of Finance may determine, be paid into a Crown Bank Account Section 76(1) amended 12 April 2001 clause 4 State-Owned Enterprises (Landcorp Farming Limited) Order 2001 Section 76(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 76(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 76(4) amended 25 January 2005 section 65R(3) Public Finance Act 1989
77: Validity of contracts made by
chief executive All contracts and decisions made by the chief executive Section 77 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 77 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
78: Accounting provisions
1: All money expended or advanced by the chief executive
2: All money received by the chief executive section 66 a Crown Bank Account Section 78(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 78(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 78(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
79: Accounts to be kept by
chief executive
1: The chief executive
2: Where any area of land for the time being subject to this Part is administered by the chief executive
3: Nothing in subsection (2) shall render unnecessary the keeping of personal accounts in respect of the several nominated occupiers or lessees, or such other accounts as the Minister of Finance directs.
4: Interest on the credit balance of any account may, with the approval of the Minister of Finance, be credited to that account in such manner and at such rate as that Minister may from time to time determine.
5: Any authority or direction given by the Minister of Finance for the purposes of this section may be given either generally or with respect to any particular account or class of accounts. Section 79 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 79(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 79(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
80: Interest payments in respect of Maori land development
All money expended or advanced by the chief executive section 53 section 54 Section 80 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
81: Relief from interest payment
If, in any case where—
a: the chief executive
b: any person owes money to the chief executive chief executive section 71 section 72 section 73 section 74 the chief executive chief executive chief executive Section 81 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 81(a) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 81(b) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
82: Special provisions as to Crown lands and to lands purchased by
chief executive
1: The following provisions of this section shall apply with respect to all Crown lands that are for the time being subject to this Part, and to all lands acquired by the chief executive section 60
2: All lands to which this section applies shall be and continue to be Crown lands while they remain subject to this Part, unless they have been sold by the chief executive chief executive
3: No land to which this section applies shall be or be deemed to be held in trust for the owners of any other land, notwithstanding that the accounts in respect of the land may form part of any other account kept for the purposes of this Part. Section 82 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 82(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 82(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
83: Chief executive Nothing in this Part shall prevent the chief executive chief executive Section 83 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 83 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
84: Interference and obstruction prohibited
1: Every person commits an offence and is liable upon
a: trespasses on any land that is subject to this Part (whether such land has been leased or not), and neglects or refuses to leave the land after having been warned that he or she is a trespasser and directed to leave the land by any person authorised in that behalf by the chief executive
b: wilfully obstructs or interferes with any officer, servant, or workman employed or engaged by the chief executive
2: An owner shall not by virtue of his or her ownership have any right of entry on land that is subject to this Part, and in any proceedings for an offence against this section in respect of any land, the fact that the defendant has an interest in the land shall not be a defence.
3: In any such proceedings a certificate under the hand of a Registrar of the court to the effect that any land is subject to this Part shall, in the absence of proof to the contrary, be conclusive evidence of that fact.
4: No proceedings shall be commenced under this section except with the consent of the chief executive Section 84(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 84(1)﻿(a) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 84(1)﻿(b) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 84(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
3: Other powers of
chief executive Part 3 heading amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
85: Advances to Maori occupiers of land that is not subject to Part 2
1: For the purpose of—
a: assisting Maori to farm, improve, or develop lands that are owned or occupied by them but are not subject to Part 2
b: assisting other persons to farm, improve, or develop any such lands for the benefit of Maori, or to discharge any liabilities charged on or existing in respect of any such lands held for the benefit of Maori, or to purchase any estate or interest in any such lands for the benefit of Maori,— the chief executive Part 2
2: Any money advanced under this section may, at the discretion of the chief executive chief executive
3: All money advanced under this section shall bear interest at such rate as the Minister of Finance shall from time to time determine, and, except as provided in subsection (4), shall be secured by way of mortgage over the land or interest in land in respect of which the advance is made.
4: In addition to or instead of the security required by subsection (3), the chief executive
5: Every instrument of security given for the purposes of this section shall contain such terms and conditions as the chief executive
6: The amount to be advanced or readvanced under this section shall be determined in each case by the chief executive
7: Where the chief executive chief executive chief executive
8: Notwithstanding the foregoing provisions of this section, the chief executive chief executive
9: For the purposes of this section any land and any interest in land that is owned as joint tenant or tenants in common by 2 persons who are married to , or in a civil union with,
10: All money received by the chief executive a Crown Bank Account Section 85(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 85(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 85(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 85(5) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 85(6) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 85(7) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 85(8) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 85(9) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 85(10) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 85(10) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
86: Advances and other assistance to Maori
Section 86 repealed 24 June 1996 section 2(1) Maori Affairs Restructuring Amendment Act 1996
86A: Provisional registration of mortgages to Crown or State Loan Department
1: This section shall apply in any case where a memorandum of mortgage to Her Majesty or to a State Loan Department affecting any area of Maori freehold land, or a memorandum of lease or other disposition of any such land, cannot be immediately registered under the Land Transfer Act 2017
2: In any case to which this section applies, the Registrar of the court, on request made by or on behalf of the mortgagee, shall forward to the Registrar-General of Land
a: the kind or order constituting the title to the land to which the mortgage relates:
b: the date of the order:
c: the description of the land as shown in the order:
d: the area or approximate area of the land as appearing in the order:
e: the name or names of the person entitled under the order, and, if more than 1, their several shares or interests in the land.
3: On receipt of any such certificate, the Registrar-General of Land must register the certificate in accordance with the following provisions of this section.
4: If the title to the land affected by the order referred to in the certificate is registered under the Land Transfer Act 2017
5: If the title to the land is not registered under the Land Transfer Act 2017
6: On the registration of a certificate under this section, no instrument in respect of the land referred to in the certificate shall thereafter be registered except—
a: a mortgage or memorial of charge in favour of Her Majesty or of a State Loan Department; or
b: an order made by the court creating or evidencing a charge in favour of Her Majesty or of a State Loan Department; or
c: an order of the court or other instrument (including a lease instrument
d: an instrument evidencing the discharge of any such mortgage or charge or any dealing with it.
7: On deposit for registration of the order of the court constituting the title to any land, the Registrar-General of Land must cancel the registration of the certificate given by the Registrar of the court and must issue a record of title (which may be a record of title qualified as described in section 17(1)﻿(a)
8: For the purposes of this section, the term State Loan Department
a: Public Trust
b: Kāinga Ora–Homes and Communities
c: the Māori Trustee Section 86A inserted 20 June 1991 Maori Affairs Restructuring Amendment Act 1991 Section 86A(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 86A(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 86A(3) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 86A(4) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 86A(5) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 86A(6)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 86A(7) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 86A(8)﻿(a) substituted 1 March 2002 section 170(1) Public Trust Act 2001 Section 86A(8)﻿(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 86A(8)﻿(c) amended 1 July 2009 section 30(2)﻿(b) Māori Trustee Amendment Act 2009
87: Authorising establishment and maintenance of Kokiri Centres
Section 87 repealed 1 July 1994 section 14 Maori Purposes Act 1993
88: Chief executive
1: Without limiting the other powers conferred on the chief executive chief executive
a: purchase, take on lease, or otherwise acquire any land or premises for the purpose of providing or maintaining hostels for the accommodation of Maori:
b: do all things necessary for the erection, replacement, repair, upkeep, improvement, maintenance, operation, furnishing, and equipment of any building or premises on any land to which paragraph (a) applies:
c: employ such persons and pay such remuneration or wages as the chief executive
d: enter into such arrangements (whether by way of lease, licence, or otherwise) with such persons (whether as trustees, managers, or otherwise) as the chief executive
2: Any land or premises acquired by the chief executive chief executive chief executive provided that no such land or premises shall be sold without the consent of the Minister.
3: In respect of any accommodation provided by the chief executive chief executive chief executive chief executive
4: All expenditure incurred by the chief executive chief executive Section 88 amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 88(1) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 88(1)﻿(c) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 88(1)﻿(d) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 88(2) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 88(3) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991 Section 88(4) amended 1 January 1992 section 9(2) Ministry of Maori Development Act 1991
4: Miscellaneous provisions
89: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 89(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
90: Transitional provision
1: All lands that were, immediately before the commencement of this Act, subject to Part 24 of the Maori Affairs Act 1953 Part 2
2: All advances made under section 460 or section 460A of the Maori Affairs Act 1953 section 85 section 86 Section 90(2) added 20 June 1991 Maori Affairs Restructuring Amendment Act 1991
91: Expiry
Section 91 repealed 1 January 1992 section 10(1) Ministry of Maori Development Act 1991