Māori Trustee Act 1953

1: Short Title and commencement
1: This Act may be cited as the Māori Trustee
2: This Act shall come into force on 1 April 1954. Section 1(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
2: Interpretation
1: Unless the context otherwise requires, terms and expressions that are defined in the Maori Affairs Act 1953 have, when used in this Act, the meanings that are given thereto by that Act.
2: The powers conferred on the Māori Trustee
3: Without limiting subsection (1), in this Act, unless the context otherwise requires,— Appropriation Account section 23 Common Fund section 23(1)﻿(b) General Purposes Fund section 23(1)﻿(c) Māori Trustee
a: means the Māori Trustee established by section 3
b: includes, as the context requires, the Māori Trustee who—
i: is appointed under section 6
ii: continues to hold office under section 6A Section 2 heading replaced 1 July 2009 section 4(1) Māori Trustee Amendment Act 2009 Section 2(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 2(3) inserted 1 July 2009 section 4(2) Māori Trustee Amendment Act 2009 Māori Trustee established Heading replaced 1 July 2009 section 5 Māori Trustee Amendment Act 2009
3: Māori Trustee established
1: This section establishes the Māori Trustee.
2: The Māori Trustee is a corporation sole with perpetual succession and a seal of office. Section 3 replaced 1 July 2009 section 5 Māori Trustee Amendment Act 2009 Capacity, powers, and status of Māori Trustee Heading replaced 1 July 2009 section 5 Māori Trustee Amendment Act 2009
4: Capacity and powers of Māori Trustee
1: For the purpose of exercising the powers and performing the functions and duties of the Māori Trustee conferred by or under this Act or any other enactment, the Māori Trustee has—
a: full capacity to carry on or undertake any business or activity, do any act, or enter into any transaction; and
b: for the purpose of paragraph (a), full rights, powers, and privileges.
2: Subsection (1) applies subject to—
a: the provisions of this Act and any other enactment; and
b: the general law. Section 4 replaced 1 July 2009 section 5 Māori Trustee Amendment Act 2009
5: Independence of Māori Trustee
In exercising the powers and performing the functions and duties of the Māori Trustee in his or her fiduciary capacity under this Act or any other enactment, the Māori Trustee must act independently, free from any direction or instruction from the Crown. Section 5 replaced 1 July 2009 section 5 Māori Trustee Amendment Act 2009 Provisions relating to appointment of Māori Trustee Heading inserted 1 July 2009 section 5 Māori Trustee Amendment Act 2009
6: Appointment of Māori Trustee
1: The Māori Trustee is appointed by the Minister.
2: An appointment made under subsection (1) must be made by written notice to the person appointed.
3: The notice must—
a: state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and
b: state the period for which the appointment is made, which must not exceed a period of 5 years; and
c: be published by the Minister in the Gazette
4: The person appointed under this section—
a: may be reappointed; and
b: continues in office, despite the expiry of his or her term of office, until—
i: the person is reappointed; or
ii: the person’s successor is appointed; or
iii: the person ceases to be the Māori Trustee in a circumstance provided for in section 6B Section 6 replaced 1 July 2009 section 5 Māori Trustee Amendment Act 2009
6A: Continuation of appointment
Despite section 6 Māori Trustee Amendment Act 2009 section 6(3) Section 6A inserted 1 July 2009 section 5 Māori Trustee Amendment Act 2009
6B: Termination of appointment of Māori Trustee
1: The Māori Trustee ceases to hold office if he or she—
a: resigns from office by written notice to the Minister; or
b: is removed or suspended from office under subsection (2); or
c: ceases to hold office as the Māori Trustee under this Act.
2: The Minister may, if the Minister is satisfied that there is just cause, remove or suspend the Māori Trustee from office by written notice to the Māori Trustee, stating—
a: the date on which the removal or suspension takes effect, which must not be earlier than the date on which the notice is received; and
b: the reasons for the removal or suspension; and
c: in the case of a suspension from office,—
i: the date on which the person’s appointment will be reinstated; or
ii: the event upon which his or her reinstatement depends.
3: The Minister must notify the removal or suspension in the Gazette
4: The Māori Trustee is not entitled to receive compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as the Māori Trustee.
5: In exercising his or her powers under this section, the Minister must observe the rules of natural justice.
6: In subsection (2), just cause
a: undischarged bankruptcy, misconduct, or neglect of duty; or
b: inability to perform the functions and duties of the Māori Trustee. Section 6B inserted 1 July 2009 section 5 Māori Trustee Amendment Act 2009 Appointments by Māori Trustee Heading inserted 1 July 2009 section 5 Māori Trustee Amendment Act 2009
6C: Deputy Māori Trustee
1: The Māori Trustee must appoint a Deputy Māori Trustee.
2: The Deputy Māori Trustee is an employee of the Māori Trustee.
3: In the case of a vacancy in the office of the Māori Trustee, or if the Māori Trustee is unable to perform the functions and duties of the Māori Trustee under this Act or any other enactment, or is for any reason prevented from doing so, the Deputy Māori Trustee has and may exercise the powers and perform the functions and duties of the Māori Trustee for as long as the vacancy or absence continues.
4: The powers exercised, and functions and duties performed, by the Deputy Māori Trustee under subsection (3) may not be questioned in any proceeding on the ground that the occasion for the Deputy Māori Trustee to act had not arisen or had ceased. Section 6C inserted 1 July 2009 section 5 Māori Trustee Amendment Act 2009
6D: Other employees
1: The Māori Trustee may appoint the employees that the Māori Trustee considers appropriate to enable the Māori Trustee to exercise the powers and perform the functions and duties of office under this Act effectively and efficiently.
2: The Governor-General may, by Order in Council, provide that the Māori Trustee must not, in relation to any or all employees (including the Deputy Māori Trustee), agree to terms and conditions of employment in a collective employment agreement, or an amendment to those terms and conditions, without—
a: consulting the Public Service Commissioner
b: having regard to the recommendations that the Public Service Commissioner
3: 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 6D inserted 1 July 2009 section 5 Māori Trustee Amendment Act 2009 Section 6D(2)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 6D(2)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 6D(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Delegation Heading inserted 1 July 2009 section 5 Māori Trustee Amendment Act 2009
6E: Delegation by Māori Trustee
1: The Māori Trustee may delegate to the Deputy Māori Trustee any of the powers, functions, or duties conferred on the Māori Trustee by or under this Act or any other enactment.
2: Subject to any general or express directions of the Māori Trustee, the Deputy Māori Trustee has and may exercise all the powers, or perform the functions and duties, delegated by the Māori Trustee in the same manner and with the same effect as if they had been conferred on the Deputy Māori Trustee directly by or under this Act or any other enactment.
3: A delegation under this section—
a: must be in writing; and
b: is revocable in writing at any time; and
c: may be made subject to any restrictions or conditions that the Māori Trustee thinks fit; and
d: does not prevent the exercise of a power or performance of a function or duty by the Māori Trustee; but
e: does not include a power of delegation.
4: In the absence of proof to the contrary, the Deputy Māori Trustee, when purporting to act under a delegation, is presumed to be acting in accordance with the terms of the delegation.
5: Powers exercised, functions or duties performed, and decisions made by the Deputy Māori Trustee, acting as the delegate of the Māori Trustee, may not be questioned in any proceeding on the ground that the occasion for the Deputy Māori Trustee to act had not arisen or had ceased. Section 6E inserted 1 July 2009 section 5 Māori Trustee Amendment Act 2009 Further provisions relating to powers and functions of Māori Trustee Heading inserted 1 July 2009 section 6 Māori Trustee Amendment Act 2009
7: Judicial notice of appointment of
Māori Trustee All courts shall take judicial notice of the appointment of the Māori Trustee Māori Trustee 1930 No 33 s 7 Section 7 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 7 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
8: Contracts of
Māori Trustee
1: Any contract which, if made between private persons, must be by deed shall, if made by the Māori Trustee
2: Any contract which, if made between private persons, must be in writing signed by the parties to be charged therewith shall, if made by the Māori Trustee Māori Trustee
3: Any contract which, if made between private persons, may be made verbally without writing may be similarly made by or on behalf of the Māori Trustee 1930 No 33 s 8 Section 8 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 8(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 8(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 8(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
9: Delegation of powers of
Māori
1: The Māori Trustee Māori Trustee Māori Trustee Māori Trustee
2: Any such delegation may be of general application to all the powers or functions of the Māori Trustee Māori Trustee
3: In the exercise or performance of any powers or functions delegated to him pursuant to this section, the delegate shall be subject in all respects to the direction, supervision, and control of the Māori Trustee
4: No person to whom any powers or functions of the Māori Trustee
5: All acts and things done by a delegate in pursuance and exercise or in the intended pursuance and exercise of any powers or functions that have been delegated under this section shall have the same effect and consequences as if they had been done by the Māori Trustee
6: Where any declaration, transfer, assurance, consent, or other deed or document is required to be signed by a delegate appointed under this section, he shall sign his personal name, adding the words, acting for the Māori Trustee Māori Trustee Māori Trustee's Māori Trustee
7: Notwithstanding any rule of law to the contrary, where an officer of the Māori Trustee 1945 No 42 s 3 1952 No 9 s 12 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(1) amended 1 July 2009 section 30(2)﻿(b) 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 Section 9(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 9(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 9(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 9(7) inserted 14 December 1976 section 22 Maori Purposes Act 1976 Section 9(7) amended 1 July 2009 section 30(2)﻿(b) Māori Trustee Amendment Act 2009
10: Authorised officer may make declaration on behalf of
Māori Trustee
1: Any officer of the Māori Trustee Māori Trustee Māori Trustee Māori Trustee Māori Trustee
2: The person subscribing any such oath or declaration shall add to his signature the words acting for the Māori Trustee Māori Trustee
3: Any officer of the Māori Trustee Māori Trustee Māori Trustee Māori Trustee 1930 No 33 s 9(1) Section 10 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 10(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 10(1) amended 1 July 2009 section 30(2)﻿(b) Māori Trustee Amendment Act 2009 Section 10(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 10(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 10(3) amended 1 July 2009 section 30(2)﻿(b) Māori Trustee Amendment Act 2009
11: Māori Trustee
1: The Māori Trustee
2: No alienation of Maori land to the Māori Trustee
3: Where any land or other property is held, otherwise than by the Māori Trustee Māori Trustee
4: On the application of the Māori Trustee Māori Trustee
5: On the application of the Māori Trustee Māori Trustee General land 1930 No 33 s 15 Section 11 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 11(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 11(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 11(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 11(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 11(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 11(5) amended 10 October 1975 section 16(1) Maori Purposes Act 1975
12: Pending grant of probate or administration,
Māori Trustee
1: Where any Maori dies, whether testate or intestate (and notwithstanding that some person other than the Māori Trustee Māori Trustee Māori Trustee provided that the Māori Trustee Judge of the High Court Māori Trustee Judge of the High Court provided also that the Māori Trustee Judge of the High Court Māori Trustee
2: Before the Māori Trustee
2A: If that person does not, within a period of 21 days after the posting of the notice or the dispatching of the telegram, give notice, in writing or by telegram, to the Māori Trustee Māori Trustee
2B: If more persons than 1 are entitled to take out administration, it shall be sufficient to give notice to one of those persons only.
2C: Nothing in this section shall, where it is not actually known to the Māori Trustee Māori Trustee Māori Trustee
3: All costs, charges, and expenses incurred by the Māori Trustee Māori Trustee
4: The Māori Trustee de son tort
5: On the grant of probate or of letters of administration to any person other than the Māori Trustee Māori Trustee 1930 No 33 s 18 Section 12 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12(1) replaced 24 October 1969 section 10 Maori Purposes Act 1969 Section 12(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12(1) first proviso amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12(1) first proviso amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 12(1) second proviso amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12(1) second proviso amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 12(2) replaced 24 October 1969 section 10 Maori Purposes Act 1969 Section 12(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12(2A) inserted 24 October 1969 section 10 Maori Purposes Act 1969 Section 12(2A) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12(2B) inserted 24 October 1969 section 10 Maori Purposes Act 1969 Section 12(2C) inserted 24 October 1969 section 10 Maori Purposes Act 1969 Section 12(2C) 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(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
12A: Power of
Māori Trustee
1: Where any Maori has died intestate or testate, whether in or out of New Zealand, leaving property situated in New Zealand, the gross value of which as estimated by the Māori Trustee $40,000 Māori Trustee High Court
2: On any such election being filed, the Māori Trustee
3: Every such election shall set forth the name, residence, and occupation of the deceased so far as the same are then known to the Māori Trustee
4: The election shall contain, in every case where the deceased died intestate, a statement to that effect, and in every case where the deceased died testate, a statement that after due inquiries the Māori Trustee
5: Any such election as aforesaid may be filed in the registry of the High Court High Court Māori Trustee
6: If after filing any such election as aforesaid the gross value of the property situated in New Zealand to be administered is found to exceed the sum of $60,000 Māori Trustee High Court
7: An election may be filed under this section relating to a written informal will to which subpart 3 Section 12A inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 12A heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12A(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12A(1) amended 4 December 1982 section 15(1)﻿(a) Maori Purposes Act 1982 Section 12A(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 12A(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12A(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12A(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12A(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12A(5) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 12A(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12A(6) amended 4 December 1982 section 15(1)﻿(b) Maori Purposes Act 1982 Section 12A(6) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 12A(7) replaced 1 November 2007 section 41 Wills Act 2007
12B: Elections in respect of unadministered balance of an estate
1: Where a grant of administration (in this section referred to as the original grant original estate Māori Trustee $40,000 de bonis non Māori Trustee de bonis non High Court High Court
2: On the election being filed, the Māori Trustee de bonis non
3: If after the filing of any such election the gross value of the property situated in New Zealand to be administered by the Māori Trustee $60,000 Māori Trustee High Court de bonis non Section 12B inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 12B(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12B(1) amended 4 December 1982 section 16(1)﻿(a) Maori Purposes Act 1982 Section 12B(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 12B(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12B(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12B(3) amended 4 December 1982 section 16(1)﻿(b) Maori Purposes Act 1982 Section 12B(3) amended 1 April 1980 section 12 Judicature Amendment Act 1979
12BA: Court fees payable on elections, etc
1: The fee payable to the Registrar of the High Court for the filing of any election under section 12A section 12B
2: A copy of any such election certified as a correct copy under the seal of the High Court shall be equivalent to an exemplification of that election for all purposes, and the only fee payable in respect thereof shall be a sealing fee of such amount as may from time to time be prescribed by regulations made under this Act. Section 12BA inserted 30 July 1985 Maori Trustee Amendment Act 1985
12C: Intestate estates
1: Where any Maori, whether domiciled in New Zealand or elsewhere, dies (whether before or after the commencement of this Act) in New Zealand or elsewhere intestate, leaving property situated in New Zealand, the Māori Trustee
2: The Māori Trustee provided that if some other person in New Zealand, being a person who if it were not for this section would be entitled to the grant of administration, applies for a grant of administration, then the court may grant administration to that person: provided also that it shall not be necessary for the Māori Trustee Section 12C inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 12C(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12C(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12C(2) second proviso amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
12D: Application for probate in testate estates
1: Where any Maori dies testate, and application for probate or letters of administration with the will annexed is not made in New Zealand within 3 months after the date of death of that person, the Māori Trustee High Court
2: On any such application no costs shall be awarded against the Māori Trustee
3: On the application of any person entitled to probate or letters of administration with the will annexed who was out of New Zealand when the grant to the Māori Trustee
4: No application under subsection (3) shall be made until after 14 days' notice in writing of the intention to apply has been left at the office of the Māori Trustee
5: Immediately on the grant of any probate or letters of administration under subsection (3)—
a: all the functions, powers, authorities, discretions, rights, and duties of the Māori Trustee Māori Trustee Māori Trustee Māori Trustee
b: subject to and on the allowance and payment to the Māori Trustee Māori Trustee Māori Trustee Section 12D inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 12D(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12D(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 12D(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12D(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12D(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12D(5)﻿(a) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12D(5)﻿(b) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
12DA: Appointment of
Māori Trustee
1: With the consent of the High Court, and subject to the agreement of the Māori Trustee
a: executors, whether appointed before or after the commencement of this Act, may, unless expressly prohibited, before or after taking out probate, appoint the Māori Trustee Māori Trustee
b: other administrators under a grant of administration with or without a will annexed, whether appointed before or after the commencement of this Act, may, unless expressly prohibited, appoint the Māori Trustee Māori Trustee
2: Where, pursuant to subsection (1), any executor or administrator with a will annexed appoints the Māori Trustee Māori Trustee
3: Where there are more executors or administrators or trustees or persons having power to appoint a trustee than 1, any one executor (whether before or after proving a will), any one administrator, or any one trustee, or any one of those persons having power to appoint a trustee, may, with the consent of the proposed appointee or appointees apply to the High Court to have the Māori Trustee Public Trust
4: On any application to the High Court under this section, the court shall have power to make such order as it thinks fit. Section 12DA inserted 20 June 1991 Maori Trustee Amendment Act 1991 Section 12DA heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12DA(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12DA(1)﻿(a) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12DA(1)﻿(b) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12DA(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12DA(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12DA(3) amended 1 March 2002 section 152(1) Public Trust Act 2001
12E: Place of application
Any application by or on behalf of the Māori Trustee High Court Māori Trustee Māori Trustee Section 12E inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 12E amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 12E amended 1 April 1980 section 12 Judicature Amendment Act 1979
13: General authority for
Māori Trustee
1: The Māori Trustee
2: Nothing in this section shall be construed to limit or affect the provisions of this or any other Act relating to any duties, powers, or functions of the Māori Trustee
3: A certificate under the hand and seal of the Māori Trustee
4: Where the Māori Trustee Māori Trustee Land Transfer Act 1952 1930 No 33 ss 19, 23 Section 13 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13(4) amended 1 April 1968 Maori Affairs Amendment Act 1967
13A: Māori Trustee No bond or security shall be required from the Māori Trustee Section 13A inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 13A heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13A amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
13B: Māori Trustee
1: In the performance and exercise of the Māori Trustee's Māori Trustee's Māori Trustee
2: Without limiting or being limited by subsection (1), the Māori Trustee
a: establish or promote, or concur in or support the establishment or promotion of, any body corporate having power to carry on business of any kind related to the Māori Trustee's
b: subscribe for or otherwise acquire shares in any company incorporated in New Zealand that carries on or proposes to carry on business of any kind related to the Māori Trustee's Māori Trustee Māori Trustee
c: otherwise participate in any body corporate, firm, partnership, or joint venture (whether established before or after the commencement of this Act) having power to carry on business of any kind related to the Māori Trustee's Section 13B inserted 20 June 1991 Maori Trustee Amendment Act 1991 Section 13B heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13B(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13B(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13B(2)﻿(a) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13B(2)﻿(b) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 13B(2)﻿(c) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
14: Māori Trustee
1: Where by or pursuant to any Act, deed, will, or other instrument the fee simple of any land or the control thereof has been vested in or conferred on the Māori Trustee
2: Any land acquired by the Māori Trustee Māori Trustee
3: Where any land has been acquired by the Māori Trustee
4: Except as provided in subsection (3), all land acquired by the Māori Trustee
5: If the revenues available for the acquisition of any land pursuant to this section are not sufficient for the purpose, the Māori Trustee section 38 Māori Trustee's 1930 No 33 s 20 Section 14 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
14A: Māori Trustee
1: The provisions of this section shall apply in respect of any land which is by statute or otherwise vested in the Māori Trustee the beneficiaries
2: For the purpose of advising the beneficiaries of the progress of his administration and of assisting him in the administration of any land in respect of which the provisions of this section apply, the Māori Trustee
3: The Māori Trustee
4: The Māori Trustee
a: make such contribution as he sees fit towards the expenses of members of any committee recognised by him; and
b: set aside and expend for tribal or community purposes pursuant to a recommendation of a committee recognised by him, such sum as he sees fit, but not exceeding the sum recommended and not in any one case exceeding $50: provided that payment made pursuant to this section from money held in respect of any land shall not in any one year exceed in total an amount equal to 2.5% of the money available for distribution to the beneficiaries in that year.
5: Except as provided by subsection (4), nothing in this section shall be construed to authorise the Māori Trustee
6: A committee recognised by the Māori Trustee a special trust adviser in terms of section 74 Section 14A inserted 27 November 1970 section 16 Maori Purposes Act 1970 Section 14A heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14A(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14A(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14A(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14A(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14A(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14A(6) amended 30 January 2021 section 161 Trusts Act 2019 Section 14A(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
15: Māori Trustee
1: Where any land is vested in or administered by the Māori Trustee section 14
2: The powers conferred by this section are in addition to any powers conferred on the Māori Trustee Māori Trustee
3: All moneys received by the Māori Trustee Section 15 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 15(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 15(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 15(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
16: Māori Trustee Where the Māori Trustee 1930 No 33 s 24 Section 16 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 16 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
16A: Payment of claims when assets insufficient
Section 16A repealed 1 January 1971 section 84(1) Administration Act 1969 Māori Trustee's Heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
17: Māori Trustee's
1: There shall continue to be an account to be called the Māori Trustee's Māori Trustee
2:
3: Moneys may Māori Trustee's
a: for the purposes for which any moneys in the Conversion Fund established under Part 13 of the Maori Affairs Act 1953 may be applied:
b: for the purposes of advances made pursuant to sections 248, 402, and 428 of the Maori Affairs Act 1953:
c: for the purposes to or for which moneys in the Māori Trustee's
d: for the purposes of paragraphs (a) and (b) of subsection (1) of section 32 sections 34 38 39 40 44
e:
f:
4: Money may be paid out of the Appropriation Account in the Māori Trustee’s Account for the purposes that are agreed to from time to time between the Māori Trustee and the Crown. 1930 No 33 s 40(1), (3) Section 17 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 17(1) replaced 4 December 1982 section 17(1) Section 17(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 17(2) repealed 1 July 1989 section 86(1) Public Finance Act 1989 Section 17(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 17(3) amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 17(3)﻿(c) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 17(3)﻿(e) repealed 1 December 1961 section 16(3) Maori Purposes Act 1961 Section 17(3)﻿(f) repealed 14 December 1976 section 24(4)﻿(b) Maori Purposes Act 1976 Section 17(4) inserted 1 July 2009 section 7 Māori Trustee Amendment Act 2009
18: Branch accounts
Section 18 repealed 4 December 1982 section 17(2) Maori Purposes Act 1982
19: Cheques drawn on Maori Trustee's Account
Section 19 repealed 1 July 2009 section 8 Māori Trustee Amendment Act 2009
20: Cheques drawn on branch account
Section 20 repealed 4 December 1982 section 17(2) Maori Purposes Act 1982
21: Authority to sign
or other instruments Section 21 repealed 1 July 2009 section 9 Māori Trustee Amendment Act 2009
22: Other accounts
1: The Māori Trustee
2: Sections 19 21 Section 22 replaced 4 December 1982 section 18 Maori Purposes Act 1982 Section 22(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Separate funds within Māori Trustee's Heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
23: Accounts within the
Māori Trustee's
1: The Māori Trustee's
a: such Special Investment Accounts as may be required for the purposes of section 24
b: the Common Fund:
c: the General Purposes Fund:
d:
e:
f:
g:
h: the Appropriation Account.
2: All moneys received by the Māori Trustee section 24
3: All moneys held by the Māori Trustee
4:
4A:
5: All other moneys for the time being in the Māori Trustee's
5A: All money received by way of Crown appropriation must be credited to the Appropriation Account in the Māori Trustee’s Account.
6: The Māori Trustee Māori Trustee's Section 23 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 23(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 23(1)﻿(d) repealed 14 April 1987 Maori Affairs Amendment Act 1987 Section 23(1)﻿(e) repealed 1 December 1961 section 16(2) Maori Purposes Act 1961 Section 23(1)﻿(f) repealed 1 December 1961 section 16(2) Maori Purposes Act 1961 Section 23(1)﻿(g) repealed 14 December 1976 section 24(4)﻿(b) Maori Purposes Act 1976 Section 23(1)﻿(h) inserted 1 July 2009 section 10(1) Māori Trustee Amendment Act 2009 Section 23(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 23(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 23(3) amended 14 April 1987 Maori Affairs Amendment Act 1987 Section 23(4) repealed 14 April 1987 Maori Affairs Amendment Act 1987 Section 23(4A) repealed 14 December 1976 section 24(4)﻿(b) Maori Purposes Act 1976 Section 23(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 23(5A) inserted 1 July 2009 section 10(2) Māori Trustee Amendment Act 2009 Section 23(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Special investment accounts
24: Māori Trustee
1: The Māori Trustee
2: If directions are given by or on behalf of the depositor that any moneys received by the Māori Trustee Māori Trustee
3: If no directions are given as to the kind of investments in which any such moneys shall be invested, the Māori Trustee
4: If the said moneys or any part thereof cannot be invested as aforesaid within 1 month after the date of the receipt thereof by the Māori Trustee 1930 No 33 s 53 Section 24 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 24(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 24(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 24(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 24(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
24A: Māori Trustee
1: The Māori Trustee
2: Where accommodation by way of overdraft is approved under this section in any financial year of the Māori Trustee Māori Trustee's Māori Trustee section 22 Section 24A replaced 4 December 1982 section 19(1) Maori Purposes Act 1982 Section 24A heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 24A(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 24A(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 24A(2) amended 1 July 2009 section 30(2)﻿(b) Māori Trustee Amendment Act 2009 Common Fund
25: Deposits in Common Fund
1: The Māori Trustee
2: Any such moneys shall be held by the Māori Trustee Māori Trustee 1930 No 33 s 16(1) Section 25(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 25(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
26: Money held in Common Fund invested in Fund
1: All money held in trust in the Common Fund is invested in that fund, and any income derived from investment of the money forms part of the Common Fund.
2: Unless an exception is provided for in regulations made under section 52(a)﻿(i) section 52(a)﻿(ii)
3: Distributable income payable under subsection (2) must be calculated in accordance with the following formula: a − b = c where— a is the total amount of money received by the Māori Trustee as income, including amounts properly determined to be realised capital gains less capital losses, from the money held by the Māori Trustee in trust in the Common Fund b is the total amount of the management fees that the Māori Trustee is entitled to charge or retain under section 26A c is the amount of distributable income that must be paid annually under subsection (2), which must be apportioned in accordance with regulations made under section 52(b)
4: The Māori Trustee must review, on a quarterly basis, the extent to which the distributable income payable under subsection (2) is commensurate with fair market distributable income paid for the relevant quarter, relative to funds that are—
a: comparable in size to those held in trust in the Common Fund; and
b: subject to conditions comparable to the conditions applying to the Common Fund.
5: On and from the date that is 6 months after the commencement of the Māori Trustee Amendment Act 2009 Section 26 replaced 1 July 2009 section 11 Māori Trustee Amendment Act 2009
26A: Management fees
The Māori Trustee may charge or retain a management fee, calculated in accordance with regulations made under section 52(c) Section 26A inserted 1 July 2009 section 11 Māori Trustee Amendment Act 2009
26B: Disclosure requirements
1: The Māori Trustee must report to account holders on the matters and in the manner prescribed by regulations made under section 52(d)
a: the amount of distributable income payable in respect of each account; and
b: the management fee charged or retained under section 26A
c: the net amount of distributable income to be paid; and
d: such other matters that the Māori Trustee considers necessary or desirable.
2: The annual report of the Māori Trustee must include a report on the total amount of distributable income, less management fees charged or retained, paid on money held in trust in the Common Fund. Section 26B inserted 1 July 2009 section 11 Māori Trustee Amendment Act 2009
27: Guarantee of Common Fund
1: If at any time the moneys in the Common Fund are insufficient to meet the lawful claims thereon, and if sufficient other moneys in the Māori Trustee's a Crown Bank Account
2: If at any time after payment to the Common Fund out of a Crown Bank Account Māori Trustee's Māori Trustee 1930 No 33 s 42 Section 27(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 27(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 27(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 27(2) amended 25 January 2005 section 83(7) Public Finance Act 1989
28: Investment of Common Fund
1: Any moneys in the Common Fund may in accordance with the Trusts Act 2019 provided that no moneys shall be invested under the authority of this section on the security of an undivided interest in Maori freehold land.
2: No investment made pursuant to this section shall be deemed to be an investment on behalf of any particular person or persons, and no person having a beneficial interest in moneys held in trust in the Common Fund shall have any interest in any such investment.
3: On and from the date that is 6 months after the commencement of the Māori Trustee Amendment Act 2009 1930 No 33 s 47 Section 28(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 28(1) amended 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989 Section 28(3) replaced 1 July 2009 section 12 Māori Trustee Amendment Act 2009
29: Margin of security
No moneys in the Common Fund shall be invested on the security of a freehold interest in land in excess of an amount equal to three-fifths of the estimated value of the security as approved for the purposes of the investment by the Māori Trustee 1930 No 33 s 47(c) Section 29 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 29 amended 1 October 1989 section 13(1
30: Unclaimed moneys in Common Fund
1: For the purposes of this section any moneys in the Common Fund at the commencement of this Act shall be deemed to be unclaimed moneys if:
a: they have been in the possession or under the control of the Māori Trustee
b: no claim in respect thereof has been established by or on behalf of the person beneficially entitled thereto within the period of 10 years immediately prior to the commencement of this Act.
2:
3: Any moneys for the time being in the Common Fund (not being unclaimed moneys as defined in subsection (1)), shall become unclaimed moneys for the purposes of this section on the expiration of any period of 10 years during which no claim in respect thereof has been established by or on behalf of the person beneficially entitled thereto.
4: Notwithstanding anything in the foregoing provisions of this section no moneys in the Common Fund shall be deemed to be unclaimed moneys before the expiration of 10 years from the date when it has been allocated or credited to the account of the person beneficially entitled thereto.
5: The Māori Trustee
a: the name of the beneficiary, as appearing in the records of the Māori Trustee
b: the amount held on account of each beneficiary:
c: the source or the principal source from which the moneys were derived:
d: any other relevant particulars that he thinks fit.
6: Where the total amount held on behalf of any beneficiary is less than $2
7: On the compilation of a list of unclaimed moneys for any Maori Land Court district, a copy of that list shall be filed in the office of every Registrar of the Maori Land Court and shall be open for inspection during office hours without payment of any fee.
8: Notice of the filing of a list of unclaimed moneys for any district shall be published in the Gazette Māori Trustee
9: Except as provided in section 30A Gazette
10: The Māori Trustee
11: The money to which subsection (10) relates is:
a: any money
b: any money held by the Māori Trustee Māori Trustee
c: any money held by the Māori Trustee Māori Trustee’s
12:
13:
14:
15: If in respect of any unclaimed moneys disposed of in accordance with the foregoing provisions of this section, a claim is lawfully established, the amount of that claim shall be paid out of the General Purposes Fund which may at any time thereafter be reimbursed out of other unclaimed moneys. Section 30(1)﻿(a) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 30(2) repealed 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989 Section 30(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 30(5)﻿(a) amended 1 July 2009 section 30(2)﻿(b) Māori Trustee Amendment Act 2009 Section 30(8) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 30(9) replaced 24 June 1996 Maori Trustee Amendment Act 1996 Section 30(10) replaced 1 December 1961 section 16(1) Maori Purposes Act 1961 Section 30(10) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 30(11) replaced 1 December 1961 section 16(1) Maori Purposes Act 1961 Section 30(11)﻿(a) amended 1 April 1968 Maori Affairs Amendment Act 1967 Section 30(11)﻿(b) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 30(11)﻿(b) amended 1 July 2009 section 30(2)﻿(b) Māori Trustee Amendment Act 2009 Section 30(11)﻿(c) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 30(12) repealed 1 April 1968 Maori Affairs Amendment Act 1967 Section 30(13) repealed 1 April 1968 Maori Affairs Amendment Act 1967 Section 30(14) repealed 28 October 1960 section 21(1) Maori Purposes Act 1960
30A: Unclaimed agency money
1: In this section unclaimed agency money section 30 Māori Trustee
a: any trust constituted under the Maori Affairs Act 1953; or
b: any Maori incorporation; or
c: any Maori Trust Board.
2: In respect of any unclaimed agency money, the provisions of subsection (3) of this section shall apply instead of the provisions of subsection (9) of section 30
3: Any unclaimed agency money in respect of which claims are not established within 12 months after the date of the publication in the Gazette section 30 Māori Trustee Section 30A inserted 20 June 1991 Maori Trustee Amendment Act 1991 Section 30A(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 30A(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 General Purposes Fund
31: Investment of moneys in General Purposes Fund
Any moneys in the General Purposes Fund may Section 31 amended 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989
32: Special purposes for which moneys in General Purposes Fund may be used
1: The Māori Trustee
a: he may advance moneys for the benefit of Maoris or descendants of Maoris upon such terms as to repayment as he sees fit; and upon such security (if any) as he sees fit:
b: he may advance moneys secured by way of a floating charge or otherwise in respect of the undertaking of any co-operative dairy company or other co-operative company of which a majority of the shares is held by Maoris or descendants of Maoris:
ba: he may purchase, acquire, hold, sell, dispose of, or otherwise turn to account shares in any body corporate.
c:
1A:
1B:
2: Interest on advances made pursuant to this section shall be charged at such rate as the Māori Trustee
3: All moneys advanced or expended by the Māori Trustee Māori Trustee 1930 No 33 s 47(g); 1931 No 31 s 95 Section 32(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 32(1) amended 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989 Section 32(1)﻿(a) replaced 24 October 1969 section 11(1) Maori Purposes Act 1969 Section 32(1)﻿(ba) inserted 30 July 1985 Maori Trustee Amendment Act 1985 Section 32(1)﻿(c) repealed 24 June 1996 Maori Trustee Amendment Act 1996 Section 32(1A) repealed 24 June 1996 Maori Trustee Amendment Act 1996 Section 32(1B) repealed 24 June 1996 Maori Trustee Amendment Act 1996 Section 32(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 32(2) amended 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989 Section 32(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
32A: Guarantees and indemnities
1: Subject to this section, the Māori Trustee Māori Trustee Māori Trustee the debtor the creditor
2: Without prejudice to subsection (1), the Māori Trustee Māori Trustee Māori Trustee
3: Any amount payable to the Māori Trustee Māori Trustee
4: Out of the money paid under subsection (2), the Māori Trustee Māori Trustee
5: Notwithstanding any rule of law or other provision to the contrary, any person may advance money (including trust funds) on the security of a mortgage of land if the repayment of the money advanced, or of the excess above the amount that might otherwise be advanced, is directly or indirectly secured by a guarantee or indemnity under this section that is expressed to be a guarantee or indemnity to which this subsection applies.
6: Any loss that may be incurred by the Māori Trustee Section 32A inserted 20 June 1991 Maori Trustee Amendment Act 1991 Section 32A(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 32A(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 32A(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 32A(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 32A(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
33: Authorising establishment and maintenance of Maori hostels out of General Purposes Fund
1: All moneys which on the commencement of this Act are standing to the credit of the Maori Hostels Fund established by section 7
2: The Māori Trustee
a: purchase, take on lease, or otherwise acquire any land or premises for the purpose of providing or maintaining hostels for the accommodation of Maoris or the descendants of Maoris:
b: establish and maintain training centres or farms for the care and instruction of Maoris or the descendants of Maoris and, for any such purpose, purchase, take on lease, or otherwise acquire any real or personal property:
c: 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) or paragraph (b) applies:
d: employ such persons and pay such remuneration or wages as the Māori Trustee
e: make grants or loans, with or without interest, to any person for the purpose of providing residential accommodation for Maoris or the descendants of Maoris who, in the opinion of the Māori Trustee
2A: Notwithstanding the provisions of subsection (2), the approval of the Minister shall not be required under that subsection in respect of any item of expenditure that does not exceed $2,500
3: Any land or premises acquired by the Māori Trustee provided that no such land or premises shall be sold without the consent of the Minister.
4: In respect of any accommodation provided by the Māori Trustee
5: All expenditure incurred by the Māori Trustee 1946 No 37 s 7 Section 33(2) replaced 25 October 1963 section 16 Maori Purposes Act 1963 Section 33(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 33(2)﻿(d) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 33(2)﻿(e) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 33(2A) inserted 25 October 1963 section 16 Maori Purposes Act 1963 Section 33(2A) amended 17 December 1971 section 7 Maori Purposes Act 1971 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(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
34: Assurance Fund
Section 34 repealed 10 October 1975 section 12(1) Maori Purposes Act 1975
35: Limited authority to make donations out of General Purposes Fund for philanthropic or other purposes
Section 35 repealed 24 June 1996 Maori Trustee Amendment Act 1996
36: Acquisition, use, and disposal of buildings
1: Māori
a: purchase or otherwise acquire any land or any interest in land, with or without buildings and whether or not subject to any mortgage, charge, lease, easement, restrictive covenant, or other encumbrance; or
b: become the lessee or tenant (whether by taking a lease or tenancy from a person entitled to grant it or by assignment from a lessee or tenant) of any land, with or without buildings, and whether or not subject to any mortgage, charge, easement, restrictive covenant, or other encumbrance; or
c: erect, maintain, alter, add to, repair, subdivide, improve, demolish, or rebuild any building on land in respect of which he is sole or part owner or lessee.
2: Māori Trustee
a: sell, exchange, or otherwise dispose of any real or personal property acquired or in respect of which he has an interest under this section, by any mode of disposition and subject to such conditions as the Māori Trustee
b: grant options to purchase or to take on lease any such land or buildings or any part thereof but no such grant of option shall enure for a period exceeding 6 months from the date of the grant.
3: The Māori Trustee
a: grant leases or tenancies of the whole or part of any land or buildings acquired under this section, and create easements and restrictive covenants thereover, and accept surrenders and partial surrenders of any such leases or tenancies and releases of any such easements and restrictive covenants; or
b: use land or buildings of which he is the sole or part owner or lessee or tenant, for the purpose of making suitable provision for the transaction of the business of the Māori Trustee Māori Trustee
c: expend such money as may be necessary for the furnishing and equipping of any building acquired under this section.
4: Nothing in this section shall derogate from the terms of any lease of which the Māori Trustee Section 36 replaced 30 July 1985 Maori Trustee Amendment Act 1985 Section 36(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 36(1) amended 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989 Section 36(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 36(2) amended 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989 Section 36(2)﻿(a) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 36(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 36(3)﻿(b) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 36(3)﻿(b) amended 1 July 2009 section 30(2)﻿(b) Māori Trustee Amendment Act 2009 Section 36(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
37: Māori Trustee
1: In order that suitable residential accommodation may be made available for officers of the department, the Māori Trustee
a: the acquisition by purchase or otherwise of any land having a dwelling thereon:
b: the acquisition by purchase or otherwise of any land and the erection of a dwelling thereon:
c: the alteration, repair, improvement, rebuilding, or maintenance of any such dwelling:
d: the improvement of any such land.
2: The Māori Trustee
3: If any person to whom any dwelling is let under the foregoing provisions of this section ceases to be an officer of the department his tenancy of the dwelling shall thereupon be deemed to have been determined, but nothing in this subsection shall be construed to prevent the Māori Trustee
4: The Māori Trustee Māori Trustee 1950 No 98 s 4 Section 37 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 37(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 37(1) amended 1 October 1989 section 13(1) Section 37(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 37(2) amended 1 October 1989 section 13(1) Section 37(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 37(4) replaced 1 April 1963 Maori Trustee Amendment Act 1962 Section 37(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 37(4) amended 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989
38: Māori Trustee
1: If in respect of any land or other property that is vested in or is otherwise under the control of the Māori Trustee Māori Trustee Māori Trustee
2: All moneys expended under this section shall be deemed to be an advance made by the Māori Trustee Māori Trustee
3: Every such advance shall be a charge on the land or other property in respect of which it is made.
4: The foregoing provisions of this section shall apply, with any necessary modifications, to empower the Māori Trustee and for the purposes of exercising any rights under section 239 of the Maori Affairs Act 1953 or under section 104 of the Public Works Act 1928 1930 No 33 s 50 Section 38 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 38(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 38(1) amended 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989 Section 38(1) proviso repealed 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989 Section 38(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 38(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 38(4) amended 1 April 1963 Maori Trustee Amendment Act 1962 Section 38(4) amended 28 October 1955 section 10 Maori Purposes Act 1955
39: Māori Trustee
1: The Māori Trustee
2: The purchase money or other costs of or incidental to the acquisition of any land or interest in land pursuant to this section shall be paid out of the General Purposes Fund.
3: Notwithstanding anything in Part 19 of the Maori Affairs Act 1953 Māori Trustee
4: All land acquired by the Māori Trustee
5: On application by the Māori Trustee
6: If any land to which a vesting order under this section relates is not Maori land, it shall, on the taking effect of the vesting order, become and be deemed for all purposes to be Maori freehold land.
7: The costs and charges incurred by the Māori Trustee Māori Trustee 1931 No 31 s 106 Section 39 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 39(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 39(1) amended 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989 Section 39(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 39(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 39(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 39(7) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
40: Māori Trustee
1: The Māori Trustee
2: Any land acquired by the Māori Trustee Māori Trustee
3: Any land acquired by the Māori Trustee section 63 section 64 section 65
4: If it is found that any land acquired by the Māori Trustee Māori Trustee
5: All moneys expended by the Māori Trustee Māori Trustee's Section 40 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 40(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 40(1) amended 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989 Section 40(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 40(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 40(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 40(4) amended 1 October 1989 section 13(1) Maori Affairs Restructuring Act 1989 Section 40(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
41: Contribution to
Crown Bank Account Section 41 repealed 1 July 2009 section 13 Māori Trustee Amendment Act 2009
41A: Reserved and Vested Land Purchase Fund
Section 41A repealed 14 December 1976 section 24(4)﻿(a) Maori Purposes Act 1976
41B: Payments out of Purchase Fund
Section 41B repealed 14 December 1976 section 24(4)﻿(a) Maori Purposes Act 1976
41C: Maori Trustee may purchase interests in reserved land and vested land
Section 41C repealed 14 December 1976 section 24(4)﻿(a) Maori Purposes Act 1976
41D: Maori Trustee may acquire uneconomic interests in reserved land and vested land
Section 41D repealed 14 December 1976 section 24(4)﻿(a) Maori Purposes Act 1976
41E: Disposition of interests acquired
Section 41E repealed 14 December 1976 section 24(4)﻿(a) Maori Purposes Act 1976
41F: Exemption from stamp duty
Section 41F repealed 14 December 1976 section 24(4)﻿(a) Maori Purposes Act 1976 Miscellaneous provisions
42: Māori Trustee
1: As security or collateral security for any moneys advanced by or payable to the Māori Trustee
2: Nothing in the foregoing provisions of this section shall be construed to limit the requirements of this Act or any other Act as to the kinds of security to be given in respect of any moneys invested or advanced by the Māori Trustee Māori Trustee 1930 No 33 s 51 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(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
43: Assignment of rents to
Māori Trustee Nothing in this or any other Act shall prevent the making or giving of or shall invalidate any assignment, charge, or other disposition in favour of the Māori Trustee 1930 No 33 s 52 Section 43 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 43 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
44: Māori Trustee Māori Trustee
1: If any Maori or any descendant of a Maori (hereinafter referred to as the debtor Māori Trustee Māori Trustee Māori Trustee's Māori Trustee
2: For the purposes of this section the Māori Trustee 1931 No 31 s 98 Section 44 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 44(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 44(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
45: Māori Trustee
1: The Māori Trustee
2: Before accepting payment of any moneys under this section the Māori Trustee
3: A receipt given by the Māori Trustee 1931 No 31 s 110 Section 45 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 45(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 45(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 45(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
45A: Payment to
Māori Trustee
1: This section shall apply to any money deriving from the alienation of Maori land and which is held, subject to an obligation to pay the same to any owner or former owner of the land, by any solicitor, or by any person practising as a public accountant, or engaged in business as an agent under the Real Estate Agents Act 2008
2: Any solicitor, public accountant, or real estate agent who has held any money to which this section applies for a period of 6 years or more, whether the money was received by him before or after the commencement of this section, shall within the period of 6 months after the commencement of this section or, as the case may require, after the expiration of the said period of 6 years, pay the money, together with any other money to which this section applies held by him for the same person, to the Māori Trustee
3: Any person paying money to the Māori Trustee Māori Trustee
4: Any money paid to the Māori Trustee subsection (3) Māori Trustee Māori Trustee
5: For the purposes of section 30 Māori Trustee Māori Trustee
6: Nothing in this section shall be construed to require payment to the Māori Trustee
7: The provisions of this section shall apply notwithstanding any provision of the Unclaimed Money Act 1971 Lawyers and Conveyancers Act 2006 Trusts Act 2019 the Real Estate Agents Act 2008 Section 45A inserted 1 April 1968 section 5(1) Maori Purposes Act 1967 Section 45A heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 45A(1) amended 16 November 2009 section 173 Real Estate Agents Act 2008 Section 45A(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 45A(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 45A(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 45A(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 45A(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 45A(7) amended 30 January 2021 section 161 Trusts Act 2019 Section 45A(7) amended 16 November 2009 section 173 Real Estate Agents Act 2008 Section 45A(7) amended 1 August 2008 section 349 Lawyers and Conveyancers Act 2006 Section 45A(7) amended 16 October 1971 section 15(1)﻿(a) Unclaimed Money Act 1971
46: Court may direct that rents in respect of Maori land be paid to
Māori Trustee
1: Where the rent payable under any lease or other tenancy of Maori freehold land is not required otherwise than by this section to be paid to the Māori Trustee Māori Trustee
2: A receipt given by the Māori Trustee
3: All rent payable to the Māori Trustee Māori Trustee Māori Trustee 1931 No 31 s 530(3) Section 46 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
46A: Māori Trustee Notwithstanding any enactment or rule of law to the contrary, the Māori Trustee Māori Trustee Section 46A inserted 1 April 1963 Maori Trustee Amendment Act 1962 Section 46A heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46A amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
46B: Assignment of money in hands of
Māori Trustee
1: Except as provided in this section, no assignment of money in the hands of the Māori Trustee Māori Trustee
2: Any assignment, to be enforceable as against the Māori Trustee
a: be in writing signed by the assignor personally and not by any trustee, attorney, or agent for him:
b: be absolute, and not by way of charge or security:
c: be expressed to be given for valuable consideration:
d: stipulate the sum to be paid under it:
e: stipulate that the sum to be paid under it is assigned, transferred, or set over unto the assignee:
f: stipulate the source or sources from which the money is to be paid:
g:
h: as to the original document, together with a copy certified by the assignee as being a true copy of the original, be produced at the office of the Māori Trustee
3: An assignment which in its substance complies with the requirements of subsection (2) shall be enforceable as against the Māori Trustee
a: so far as it relates to money credited or to be credited to a personal account in the name of the assignor as it appears in the assignment and not in any other name by which the assignor might be known:
b: so far as it relates to money credited or to be credited to an account as aforesaid in the office of the Māori Trustee Māori Trustee
4: A form of assignment may be prescribed under this Act, and if any such form is so prescribed, no assignment otherwise than in that form shall be enforceable as against the Māori Trustee
5: Nothing in this section shall apply to any assignment in favour of the Crown, or a State Loan Department, or any notice of such an assignment. Section 46B inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 46B heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46B(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46B(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46B(2)﻿(g) repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999 Section 46B(2)﻿(h) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46B(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46B(3)﻿(b) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46B(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
46C: Power of
Māori Trustee
1: Where under this or any other Act the Māori Trustee
2: The provisions of subsection (1) Māori Trustee Māori Trustee Māori Trustee Māori Trustee Māori Trustee Section 46C inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 46C heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46C(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46C(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
46D: Disposition of small sums held for beneficiaries
Section 46D repealed 30 July 1985 Maori Trustee Amendment Act 1985
47: Court may direct payment to Maori Trustee of compensation for land taken under Part 4 of Public Works Act 1928
Section 47 repealed 1 April 1963 Public Works Amendment Act 1962
48: Māori Trustee
1: The Māori Trustee
2: Where in respect of any services rendered by the Māori Trustee
3: Where, for the purposes of this Act or any other Act, any professional services are rendered by an officer of the Māori Trustee Māori Trustee
4: The Māori Trustee Section 48 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 48(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 48(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 48(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 48(3) amended 1 July 2009 section 30(2)﻿(b) Māori Trustee Amendment Act 2009 Section 48(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
48A: Māori Trustee
1: Where any person claims, or the Māori Trustee Māori Trustee Māori Trustee Māori Trustee Māori Trustee
2: If the proceedings are not commenced by such person within the said period, the claim shall thereupon be barred, and the money, chattels, or things shall become irrecoverable, and the Māori Trustee
3: This section shall apply to every such claim, whether arising or made before or after the commencement of this section, and whether the claim is or may be made by any person as creditor or next of kin or beneficiary or otherwise.
4: The powers given by this section shall be in addition to the powers conferred by section 135 Section 48A inserted 17 December 1971 section 6 Maori Purposes Act 1971 Section 48A heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 48A(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 48A(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 48A(4) amended 30 January 2021 section 161 Trusts Act 2019
49: Māori Trustee
1: Where by this or any other Act any moneys advanced by the Māori Trustee Māori Trustee Māori Trustee
2: Any such memorial of charge may be registered against the title to that land by the District Land Registrar or Registrar of Deeds, as the case may be, of the Land Registration District in which the land is situated; and when so registered the memorial of charge shall have the same force and effect as if it were a valid mortgage to the Māori Trustee implied in mortgages over land by the Property Law Act 2007
2A: The principal moneys secured under any such memorial of charge shall be due upon a date to be named therein in that behalf, and interest shall be payable thereon at a rate to be specified therein, being not more than the rate chargeable under this Act in respect of moneys advanced from the Common Fund of the Māori Trustee's
2B: Interest on the principal moneys secured as aforesaid shall be payable on dates to be specified in the memorial.
3: The foregoing provisions of this section shall apply notwithstanding that the land in respect of which any charge is created may be vested in the Māori Trustee Section 49 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 49(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 49(2) replaced 24 October 1969 section 12 Maori Purposes Act 1969 Section 49(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 49(2) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 49(2A) inserted 24 October 1969 section 12 Maori Purposes Act 1969 Section 49(2A) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 49(2B) inserted 24 October 1969 section 12 Maori Purposes Act 1969 Section 49(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
50: Memorandum of extension of lease
1: In this section, unless the context otherwise requires, lessee
2: Where any lessee is entitled to a renewal of his lease (whether by way of the grant of a new lease, or by way of the extension of an existing lease, or otherwise) and the lease is one in respect of which the Māori Trustee Māori Trustee
3: The memorandum of extension shall be in form L section 116
4: The provisions of this section shall extend and apply to any such lease notwithstanding that the lease has expired, whether before or after the commencement of this Act, before the execution of any such memorandum of extension and notwithstanding that the lease was not originally granted by the Māori Trustee Section 50(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 50(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
51: Maori Trustee to furnish annual balance sheet
Section 51 repealed 28 October 1965 section 10(1)﻿(c) Maori Purposes Act 1965
52: Regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister of Māori Affairs, make regulations—
a: for the purpose of section 26(2)
i: defining any special circumstances or cases in which the Māori Trustee, though required to credit distributable income to an account, is not required to pay distributable income under that section, including, without limitation, prescribing the sum of money below which the Māori Trustee is not required to make a distributable income payment:
ii: setting out how and to whom distributable income is to be paid:
b: for the purpose of section 26(3)
c: for the purpose of section 26A
d: for the purpose of section 26B(1)
e: for other purposes expressly provided for in this Act:
f: prescribing any other matters contemplated by this Act or necessary for its administration or to give it full effect.
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 52 replaced 1 July 2009 section 14 Māori Trustee Amendment Act 2009 Section 52(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
53: Repeals and savings
Section 53 repealed 1 July 2009 section 15 Māori Trustee Amendment Act 2009