Maori Purposes Act 1959

1: Short Title
This Act may be cited as the Maori Purposes Act 1959.
1: Lake Rotoaira
2: Commencement
This Part shall come into force on 1 November 1959.
3: Interpretation
In this Part, unless the context otherwise requires,— adjoining waters forming part of the Lake
a: the Poutu inflow, being the water between Lake Rotoaira and the Poutu Dam; and
b: the waters forming part of the Wairehu Canal
c: the waters between Lake Rotoaira and the Tokaanu intake tunnel; and
d: the waters that from time to time cover lands adjoining Lake Rotoaira resulting from any rise in the level of the Lake; and
e: those portions of the natural tributaries of Lake Rotoaira situated within the area bounded by longitude 175°42.000′E, State Highway 46, and State Highway 47 entry permit section 4 the Lake the Rotoaira Trust stipendiary ranger
a: holds a warrant of appointment as an officer under section 198 Wildlife Act 1953 Conservation Act 1987
b: is an employee of the department responsible for the administration of the applicable Act Taupo District Taupo District Order 1983 the Trustees Part 13 warden section 7 Section 3 adjoining waters forming part of the Lake inserted 21 December 1977 section 9(1) Maori Purposes Act 1977 Section 3 adjoining waters forming part of the Lake amended 29 November 2022 section 15(1) Māori Purposes Act 2022 Section 3 adjoining waters forming part of the Lake inserted 29 November 2022 section 15(2) Māori Purposes Act 2022 Section 3 the Lake substituted 21 December 1977 section 9(2) Maori Purposes Act 1977 Section 3 the said stream repealed 21 December 1977 section 9(3) Maori Purposes Act 1977 Section 3 stipendiary ranger replaced 29 November 2022 section 15(3) Māori Purposes Act 2022 Section 3 Taupo District inserted 29 November 2022 section 15(4) Māori Purposes Act 2022 Section 3 the Trustees amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
4: Permit required to enter Lake or fish in Lake
1: Except as provided in subsection (9), a person must not enter or remain in or on any part of the Lake, unless the person holds a current entry permit.
2: A person must not fish or take fish from the Lake unless the person holds—
a: a current entry permit that authorises fishing; and
b: if the person fishes for or takes trout from the Lake, a current trout-fishing licence issued in respect of the Taupo District under regulations made under any Act.
3: The application of subsection (2) to persons who are beneficial owners under the Rotoaira Trust or who have beneficial interests in land bounded by the Lake or in the bed of the Lake is subject to any regulations made under section 15(2)﻿(d)
4: The Trustees or their agents may issue entry permits authorising the holders to enter in and on the Lake.
5: The Trustees may state—
a: the conditions under which a person is permitted to enter in or on the Lake; and
b: the purposes for which they may enter.
6: The holder of an entry permit must not enter or remain in or on the Lake—
a: in breach of those conditions; or
b: for any purpose other than a purpose for which the permit was issued.
7: The Trustees, in their discretion, may—
a: decide the number of entry permits that may be issued:
b: refuse to issue an entry permit to any person:
c: revoke the entry permit of any person who—
i: breaches any condition on which the permit was issued; or
ii: enters or remains in or on the Lake for any purpose other than a purpose for which the permit was issued.
8: If an entry permit is revoked, the holder must, on demand, surrender it to the Trustees or their agent or to any warden.
9: The following persons may enter in and on the Lake without holding an entry permit:
a: a Trustee:
b: a warden:
c: another person in the bona fide employment of the Trustees:
d: a constable:
e: a stipendiary ranger:
f: a beneficial owner under the Rotoaira Trust authorised to enter by written authority of the Trustees or their agent:
g: a trustee of Motuopuhi Māori Reservation and their invitees (but entry to the waters described in paragraph (b), (c), or (e) of the definition of adjoining waters forming part of the Lake is not permitted without holding an entry permit):
h: a person authorised to enter on land by section 110 111 section 53
i: a person engaged, either directly or indirectly, in the planning, preparation, construction, maintenance, or operation of any public work within the meaning of the Public Works Act 1981
j: an officer of Te Puni Kōkiri entering in the course of their duties:
k: a Judge of the Maori Land Court entering to perform the functions of their office:
l: an officer, employee, or agent of—
i: a State enterprise within the meaning of section 2
ii: a mixed ownership model company within the meaning of section 45P
10: To avoid doubt, a right of entry under subsection (9) does not authorise fishing or the taking of fish. Section 4 replaced 29 November 2022 section 16 Māori Purposes Act 2022
5: Fees for entry permits
1: There shall be payable to the Trustees for every entry permit such fee as the Trustees prescribe from time to time, and different fees may be so prescribed in respect of entry permits for different purposes.
2: All fees received by the Trustees for the issue of entry permits shall be held by the Trustees for the purposes of the Rotoaira Trust.
3: A fee prescribed 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 It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 5(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
6: Holder of entry permit not to enter on private land without consent
Nothing in any entry permit shall entitle the holder to enter on any land not vested in the Trustees except with the consent of the occupier of the land: provided that, where the waters of the Lake cover land adjoining Lake Rotoaira resulting from a rise in the level of the Lake, every owner of such adjoining land shall be deemed to have consented to entry on any portion of his land that for the time being forms part of the Lake. Section 6 proviso added 21 December 1977 section 10 Maori Purposes Act 1977
7: Wardens
1: The Trustees may from time to time appoint a warden or wardens to exercise authority in respect of the Lake, and may at any time revoke any such appointment.
2: The Trustees may pay to any warden such remuneration for his services as they think fit.
3: It shall be the duty of every warden to ensure that all persons entering in or upon the Lake are acting in compliance with this Part and with the conditions of any entry permit and with any regulations under this Part. Section 7(1) amended 21 December 1977 section 9(4) Maori Purposes Act 1977 Section 7(3) amended 21 December 1977 section 9(4) Maori Purposes Act 1977
8: Powers of wardens and stipendiary rangers
1: Any warden and any stipendiary ranger may—
a: at all times enter upon and pass along the Lake or the borders or banks thereof:
b: at all times enter upon any boat or launch in or upon the Lake:
c: exercise such powers as may be vested in wardens or stipendiary rangers, as the case may be, by this Part or by any regulations made under this Part.
2: Every person who assaults, resists, or obstructs any warden or stipendiary ranger in the execution of any powers conferred on him by this Part or by any regulations under this Part commits an offence against this Part.
3: The production by a warden or stipendiary ranger of his warrant of appointment shall be sufficient evidence of that appointment.
4: Nothing in this section shall be construed to confer any power of apprehension or arrest on any warden or stipendiary ranger. Section 8(1)﻿(a) amended 21 December 1977 section 9(4) Maori Purposes Act 1977 Section 8(1)﻿(b) amended 21 December 1977 section 9(4) Maori Purposes Act 1977
9: Offenders to give name and address
1: Where any warden or stipendiary ranger discovers a person committing an offence against this Part, or against any regulations made under this Part, he may require the offender forthwith to desist from the offence and also to tell his real name and address.
2: If any such offender, after being so required, fails to tell his real name or address, or gives a false name or address, or gives such a description of his address as is illusory for the purpose of discovery, or wilfully continues the offence, he commits a further offence against this Act.
3: Nothing in this section shall be construed to confer any power of apprehension or arrest on any warden or stipendiary ranger.
10: Offences
Every person commits an offence against this Part who does any act in contravention of this Part or fails to comply with any provision of this Part.
11: Penalty for offences
Every person who commits an offence against this Part is liable on $5,000 Section 11 amended 29 November 2022 section 17 Māori Purposes Act 2022 Section 11 amended 1 July 2013 section 413 Criminal Procedure Act 2011
12: Who may commence proceedings for offences
No proceedings may be commenced for an offence against this Part except on the information of a Trustee or warden or stipendiary ranger.
13: Application of fines
From any fines recovered in proceedings for offences against this Part there shall be deducted and credited to a Crown Bank Account an amount equal to 5% of the amount of the fine, and the residue thereof after that deduction has been made shall be paid to the Trustees. Section 13 amended 25 January 2005 section 65R(3) Public Finance Act 1989
14: Modification of provisions of Conservation Act 1987
The operation of the Conservation Act 1987, in its application to the Lake, is hereby modified as follows:
a: section 26ZO
b: section 26R(4) the area the Lake Section 14 substituted 10 April 1990 section 37 Conservation Law Reform Act 1990 Section 14(b) amended 29 November 2022 section 18 Māori Purposes Act 2022
15: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as he thinks necessary or expedient for the purpose of giving full effect to the provisions of this Part and for the due administration thereof.
2: Without limiting the generality of the powers conferred by subsection (1), it is hereby declared that regulations may be made under this section for all or any of the following purposes:
a: prescribing the conditions under which, and the extent to which, persons to whom an entry permit is issued shall be entitled to fish in and upon the Lake, and regulating the conditions of such fishing:
b: prescribing the form of entry permits:
c: prescribing the manner in which the conditions of entry permits may be altered by the Trustees:
d: prescribing the extent to which beneficial owners under the Trust and persons having a beneficial interest in any land bordering on the Lake or in the bed of the Lake may fish in and upon the Lake:
e: empowering the Trustees to—
i: fix the daily limits of numbers and types of fish that may be taken in the Lake; and
ii: specify the size, type, and numbers of fish that may be taken during any given period:
f: prescribing the powers of wardens and stipendiary rangers:
g: prescribing the manner in which the Trustees shall give public notice of the number of entry permits that may from time to time be issued, the fees payable for entry permits, the conditions on which entry permits are issued and any alterations in those conditions, and such other matters as are specified in the regulations:
h: prescribing fines not exceeding $5,000
3: No regulations made under this section shall be deemed to be invalid solely on the ground that they delegate to the Trustees any powers, including the power from time to time to impose or vary limits as to the size, species, and number of the fish that may be taken from the Lake during any prescribed period, or any other matters affecting the management and control of the Lake.
4: Regulations under this section are secondary legislation ( see Part 3
5: If the regulations empower the Trustees as described in subsection (2)﻿(e),—
a: an instrument made by the Trustees under that power is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(2)﻿(a) amended 21 December 1977 section 9(4) Maori Purposes Act 1977 Section 15(2)﻿(d) substituted 21 December 1977 section 9(4) Maori Purposes Act 1977 Section 15(2)﻿(e) replaced 29 November 2022 section 19(1) Māori Purposes Act 2022 Section 15(2)﻿(h) amended 29 November 2022 section 19(2) Māori Purposes Act 2022 Section 15(3) amended 21 December 1977 section 9(4) Maori Purposes Act 1977 Section 15(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Repeals
The following enactments are hereby repealed:
a: Amendment(s) incorporated in the Act(s)
b: Amendment(s) incorporated in the Act(s)
c: Amendment(s) incorporated in the Act(s)
2: Amendments of law relating to Maoris
Part 2 spent 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
17: Provisions of Maori Affairs Act 1953 to apply to this Part
Section 17 spent 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Amendments to principal Act Heading spent 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
18: Salaries and travelling allowances of Judges and Commissioners
Section 18 repealed 16 October 1978 section 2(2)﻿(a) Maori Purposes Act 1978
19: Family protection
Section 19 repealed 1 April 1963 Maori Affairs Amendment Act 1962
20: Trust funds for alienation money
Section 20 repealed 25 October 1963 section 7(3) Maori Purposes Act 1963
21: Valuations for revision of rent
Section 21 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
22: Rights of appeal in respect of incorporations
Section 22 repealed 1 April 1968 Maori Affairs Amendment Act 1967
23: Bodies corporate
Section 23 repealed 1 April 1968 Maori Affairs Amendment Act 1967
24: Finance for formation of roads
Section 24 repealed 1 April 1963 Maori Affairs Amendment Act 1962
25: Amalgamated titles
Section 25 repealed 22 November 1967 Maori Affairs Amendment Act 1967
26: Dwelling sites
Section 26 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
27: Power of court to grant relief in cases of encroachment
Section 27 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
28: Joint farming undertakings
Section 28 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
29: Special succession fee on trust funds
Section 29 repealed 1 April 1963 Maori Affairs Amendment Act 1962 Amendments of other Acts relating to Maoris Heading spent 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
30: Removal of restrictions on alienation
Section 30 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
31: Board may act as agent of borrower
Amendment(s) incorporated in the Act(s)
32: Training of young Maoris
Amendment(s) incorporated in the Act(s)
33: Charges for money advanced under Maori Housing Act 1935
1: Amendment(s) incorporated in the Act(s)
2: Amendment(s) incorporated in the Act(s)
34: Beneficiaries of the Tuhoe Maori Trust Board
Amendment(s) incorporated in the Act(s)
35: Maori Soldiers Trust Committee
Amendment(s) incorporated in the Act(s)