Māori Purposes (Wi Pere Trust) Act 1991

1: This Act is the Māori Purposes (Wi Pere Trust) Act 1991 Section 1 heading amended 12 May 2017 section 5(2) Māori Purposes Act 2017 Section 1 amended 12 May 2017 section 5(3) Māori Purposes Act 2017
1: Preliminary provisions
Part 1 heading inserted 12 May 2017 section 6 Māori Purposes Act 2017
2: Wi Pere Trust
Whereas by deed dated 14 April 1899 (in this section called the trust deed), made between Wi Pere, Arapera Pere, Hetekia Pere, Moanaroa Pere, Riria Mauaranui, and Riripeti Rangikohera (together in the trust deed and in this section referred to as the assignors) of the one part and Walter George Foster of the other part, certain real and personal property in the Poverty Bay District was transferred to Walter George Foster upon the trusts declared in the trust deed: And whereas by Order in Council dated 9 January 1909 His Excellency the Governor, by virtue of the powers vested in him by section 47 of the Maori Land Claims Adjustment and Laws Amendment Act 1907 section 15 Anthony Halbert, Albert Horsfall, Alan Parekura Torohina Haronga, Henare Kingi Lardelli, Trudy Vivienne Daisy Meredith, Kingi Winiata Smiler, and Hector John Pere, the last 5 being the trustees of the trust on the day on which the Māori Purposes Act 2017
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27: Section 2 preamble amended 12 May 2017 section 7(1) Māori Purposes Act 2017 Section 2(1) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(2) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(3) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(4) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(5) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(6) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(6A) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(7) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(8) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(9) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(10) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(11) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(12) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(13) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(14) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(15) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(16) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(17) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(18) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(19) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(20) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(21) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(22) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(23) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(24) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(25) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(26) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017 Section 2(27) repealed 12 May 2017 section 7(2) Māori Purposes Act 2017
3: Interpretation
In this Act, unless the context otherwise requires,— 1993 Act Te Ture Whenua Maori Act 1993 beneficial interest section 18 beneficiary child constitution section 15 court descendant ancestor discretionary beneficiary
a: a spouse of a beneficiary; or
b: a child of a beneficiary, if that child is also a lineal descendant of Wi Pere; or
c: any person who can succeed to an interest of a beneficiary under this Act former trustees general land section 4 lineal descendant of Wi Pere Māori freehold land section 4 member spouse
a: a husband or wife by legal marriage; or
b: a partner to a de facto relationship (as defined in section 2D
c: a partner to a civil union solemnised under the Civil Union Act 2004
d: does not include a person referred to in paragraphs (a) to (c) if—
i: the marriage, relationship, or union in question is a relationship of short duration (as defined in section 2E
ii: a separation order or separation agreement is in force in respect of the marriage, union, or relationship trust section 4(1) trust board section 6 trust property Section 3 replaced 12 May 2017 section 8 Māori Purposes Act 2017
2: Continuation of trust and establishment of trust board
Part 2 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Continuation of trust Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017
4: Trust continues
1: The trust created as recited in the preamble to section 2
2: On the commencement of this section, each beneficiary holds the beneficial interest in the trust property that he or she held immediately before that commencement. Section 4 inserted 12 May 2017 section 9 Māori Purposes Act 2017
5: Trust subject to
Trusts Act 2019
1: The Trusts Act 2019
2: The High Court has jurisdiction to determine any dispute relating to the administration and governance of the trust.
3: To avoid doubt, the Māori Land Court has no jurisdiction to determine any dispute relating to the administration and governance of the trust. Section 5 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Section 5 heading amended 30 January 2021 section 161 Trusts Act 2019 Section 5(1) amended 30 January 2021 section 161 Trusts Act 2019 Establishment of trust board Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017
6: Establishment of Wi Pere Trust Board
1: This section establishes the Wi Pere Trust Board.
2: The trust board is a body corporate with perpetual succession.
3: Except as provided in this Act, the trust board has and may exercise—
a: all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity; and
b: the power to do any other thing it is authorised or required to do—
i: by this Act; or
ii: by the constitution; or
iii: by the Trusts Act 2019
iv: by any rule of law.
4: The trust board may not exercise any of its rights, powers, or privileges except for the purpose of performing its function. Section 6 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Section 6(3)﻿(b)﻿(iii) amended 30 January 2021 section 161 Trusts Act 2019
7: First members of trust board
1: The former trustees are the first members of the trust board.
2: The former trustees and any preceding trustees are released and discharged from all actions, claims, and demands for or in respect of any act, matter, or thing done, omitted, or suffered by them or any of them as trustees in good faith arising out of the administration of the trust property before the commencement of this section. Section 7 inserted 12 May 2017 section 9 Māori Purposes Act 2017
8: Trust board succeeds to rights and liabilities of former trustees in relation to trust
1: On the commencement of this section,—
a: the trust board succeeds to the rights and liabilities of the former trustees in relation to the affairs of the trust; and
b: those rights and liabilities are enforceable by and against the trust board and are not enforceable by and against the former trustees.
2: For the purposes of this section, but without limitation, rights and liabilities
a: rights and liabilities arising under any contract, agreement, arrangement, or process validly and properly entered into by the former trustees:
b: rights and liabilities under any enactment:
c: rights and liabilities under any order of a court or other tribunal:
d: status as parties to any legal proceeding:
e: liability to taxation, penalties, and local body rates and fees. Section 8 inserted 12 May 2017 section 9 Māori Purposes Act 2017
9: Transfer of trust property to trust board
1: On the commencement of this section, all real and personal property, including the land listed in Schedules 2 3
2: The Registrar-General of Land must, as soon as practicable,—
a: register the trust board as the proprietor of the fee simple estate in the land that vests in it under subsection (1); and
b: record any entry on the relevant computer freehold registers for that land, and do anything else necessary to give effect to the vesting of that land in the trust board.
3: The Registrar of the Māori Land Court must ensure that the records of the court are amended to reflect the changes made under subsection (2). Section 9 inserted 12 May 2017 section 9 Māori Purposes Act 2017
10: Tax
1: This section applies for the purpose of the Inland Revenue Acts.
2: On the commencement of this section,—
a: the trust board is deemed to be the same person as the former trustees; and
b: everything done by the former trustees before the assets and liabilities and voting interests and market value interests become the trust board’s is deemed to have been done by the trust board on the date on which it was done by the former trustees; and
c: income derived or expenditure incurred by the former trustees before the assets and liabilities become the trust board’s does not become income derived or expenditure incurred by the trust board just because the assets and liabilities become the trust board’s.
3: The establishment of the trust board and the transfer of trust property to the trust board does not interrupt the voting interests and market value interests—
a: of any subsidiaries beneficially owned by the trust; or
b: of the new trust board in relation to its use of tax losses of the trust.
4: In this section,—
a: assets and liabilities
b: Inland Revenue Acts section 3(1)
c: voting interests and market value interests
d: terms used that are not defined in this Act but are defined in the Inland Revenue Acts have the meanings given to them by those Acts. Section 10 inserted 12 May 2017 section 9 Māori Purposes Act 2017
11: Trust board holds property on trust for purpose of trust
The trust board holds the trust property on trust for the purpose of the trust; that is, to receive, hold, manage, and administer the trust property for the benefit and advancement of the beneficiaries, and at the sole discretion of the board, for the benefit of the discretionary beneficiaries. Section 11 inserted 12 May 2017 section 9 Māori Purposes Act 2017
12: Trust not subject to limit on maximum duration
No rule of law or provisions of an Act, including section 16 Section 12 replaced 30 January 2021 section 161 Trusts Act 2019 Trust board Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017
13: Function and powers of trust board
1: The function of the trust board is to hold and manage the trust property.
2: The trust board must perform its function by exercising its powers in accordance with—
a: this Act; and
b: the constitution; and
c: the Trusts Act 2019
d: any rule of law. Section 13 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Section 13(2)﻿(c) amended 30 January 2021 section 161 Trusts Act 2019
14: Members of trust board not personally liable
1: A member is not personally liable for his or her acts or omissions as a member unless the act or omission involves dishonesty, wilful breach of trust, or lack of good faith.
2: A member ( member A
a: the act or omission involves dishonesty, wilful breach of trust, or lack of good faith; and
b: member A knew, or should have known, of the dishonesty, wilful breach of trust, or lack of good faith.
3: The trust board must not indemnify, or directly or indirectly effect insurance for, a member or an employee of the trust board for—
a: liability for any act or omission that involves dishonesty, wilful breach of trust, or lack of good faith in his or her capacity as a member or employee of the trust board; or
b: costs incurred by that member or employee in defending any claim or proceeding relating to a liability referred to in paragraph (a), unless judgment is given in his or her favour, or he or she is acquitted, or the claim or proceeding is discontinued. Section 14 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Constitution Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017
15: Trust board must have constitution
1: The trust board must have a constitution.
2: On the commencement of this section, the first constitution of the trust board is the constitution set out in Schedule 1
3: The constitution must include the following matters as a minimum:
a: the procedure for electing members:
b: the composition of the trust board:
c: the term of office of members:
d: the resignation and removal of members:
e: the disclosure of members' interests, and how any conflicts of interest must be managed:
f: remuneration of members and payment of expenses:
g: arrangements for meetings of beneficiaries and for voting:
h: provision for beneficiaries to inspect the constitution, the register of beneficial interests, and financial statements:
i: dispute resolution procedures:
j: how the constitution may be varied:
k: the circumstances in which the trust board may indemnify or insure members and employees of the trust board.
4: The constitution may include—
a: the trust board's duties and powers concerning the holding and management of trust property; and
b: any other matter.
5: However,—
a: the constitution must be consistent with this Act; and
b: if there is an inconsistency between the constitution and this Act, this Act prevails. Section 15 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Financial statements and audit Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017
16: Preparation of financial statements
1: The trust board must prepare financial statements for the trust for each accounting period in accordance with the requirements of the Financial Reporting Act 2013
2: The financial statements must be prepared no later than 5 months after the end of the accounting period to which they relate. Section 16 inserted 12 May 2017 section 9 Māori Purposes Act 2017
17: Audit requirements
1: The trust board must—
a: have the trust’s financial statements for each accounting period audited by a qualified auditor; and
b: obtain the auditor's report on the financial statements; and
c: provide the audited financial statements and the auditor's report to the beneficiaries in accordance with the constitution.
2: In subsection (1), qualified auditor section 35 Section 17 inserted 12 May 2017 section 9 Māori Purposes Act 2017
3: Beneficial interests in trust property
Part 3 inserted 12 May 2017 section 9 Māori Purposes Act 2017
18: Meaning of beneficial interest
In this Act, beneficial interest Section 18 inserted 12 May 2017 section 9 Māori Purposes Act 2017
19: Manner of holding beneficial interest
1: A beneficiary may hold his or her beneficial interest only—
a: in his or her personal capacity; or
b: through a trust.
2: Sections 22 to 26
3: The holding of a beneficial interest through a trust is no bar to succession to that interest. Section 19 inserted 12 May 2017 section 9 Māori Purposes Act 2017
20: Register of beneficial interests in trust property
The trust board must maintain a register that records—
a: each beneficiary's beneficial interest; and
b: each beneficiary's beneficial interest as a proportion of the total beneficial interests of all beneficiaries; and
c: all changes to each beneficiary's beneficial interest; and
d: the capacity in which a beneficiary holds his or her beneficial interest, that is,—
i: in his or her personal capacity; or
ii: through a trust; and
e: the interest of each person who inherits a life interest in the trust property under section 24 25
f: all orders made by the Māori Land Court that relate to Māori freehold land that is trust property. Section 20 inserted 12 May 2017 section 9 Māori Purposes Act 2017
21: Notification of changes affecting register
1: The trust board must notify the Registrar of the Māori Land Court of any change made in the register of beneficial interests in trust property.
2: The Registrar of the Māori Land Court must notify the trust board of any order of the court that affects the information held in the register of beneficial interests in trust property. Section 21 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Disposal of beneficial interest Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017
22: Restrictions on disposal of beneficial interest
1: A beneficial interest in trust property may not be disposed of except—
a: by transfer to a trust through which the beneficiary holds the beneficial interest in accordance with section 19(1)﻿(b)
b: by sale to the trust board under section 23
c: by gift by will, in accordance with section 24
d: on intestacy, in accordance with section 25
e: by gift during the beneficiary’s lifetime, in accordance with section 26
f: by operation of law.
2: A beneficial interest may not be split on disposition between the beneficial interest in Māori freehold land and the corresponding beneficial interest in other trust property; that is, the disposition of a beneficial interest in trust property necessarily comprises both the beneficial interest in Māori freehold land and the corresponding beneficial interest in other trust property. Section 22 inserted 12 May 2017 section 9 Māori Purposes Act 2017
23: Trust board may purchase beneficial interest
1: The trust board may purchase the beneficial interest of a beneficiary who wishes to dispose of that interest.
2: If the trust board purchases the beneficial interest of a beneficiary, the trust board may—
a: cancel the interest, and increase the shares of the other beneficiaries proportionately; or
b: resell the interest to any other beneficiary at a price agreed between the trust board and the purchasing beneficiary; or
c: retain the interest until resale under paragraph (b). Section 23 inserted 12 May 2017 section 9 Māori Purposes Act 2017
24: Disposal of beneficial interest under beneficiary's will
1: A beneficiary may gift by will his or her beneficial interest only to—
a: a lineal descendant of Wi Pere:
b: the beneficiary's spouse who is not also a lineal descendant of Wi Pere, but only to the extent of a life interest in the beneficial interest:
c: a child or further descendant of the beneficiary who is not also a lineal descendant of Wi Pere, but only to the extent of a life interest in the beneficial interest:
d: a trustee of a person referred to in paragraph (a):
e: a trustee of a person referred to in paragraph (b) or (c), but only to the extent of a life interest in the beneficial interest.
2: To the extent that a provision in a beneficiary’s will purports to dispose of the beneficiary’s beneficial interest in breach of the requirements of subsection (1),—
a: the provision is void; and
b: succession to the beneficial interest must be determined under section 25
3: Subsection (2) applies regardless of whether the will was made before or after this section came into force. Section 24 inserted 12 May 2017 section 9 Māori Purposes Act 2017
25: Disposal of beneficial interest if beneficiary dies intestate
If a beneficiary dies intestate or if section 24(2) The following table is medium in size and has 2 columns. Column 1 is headed Person or people who survive beneficiary. Column 2 is headed Who succeeds to beneficial interest Person or people who survive beneficiary Who succeeds to beneficial interest 1 Surviving spouse
1: The spouse succeeds to an interest in the beneficial interest, but that interest ends on the earliest of—
a: the date that the spouse surrenders his or her interest in writing; and
b: the date that the spouse remarries or enters into a civil union or de facto relationship; and
c: the spouse’s death.
2: On the extinguishment of the spouse’s interest, the beneficial interest is distributed in accordance with items 2 to 4. 2 Descendants; no surviving spouse or surviving spouse’s interest has been extinguished
1: The beneficiary’s children succeed to the beneficial interest in equal portions unless paragraph (2) applies.
2: If 1 or more of the beneficiary’s children died before the beneficiary but left descendants who survived the beneficiary,—
a: the beneficial interest is divided into equal portions, the number of portions being the number of surviving children plus the number of children who died before the beneficiary but left descendants who survived the beneficiary; and
b: the surviving children each succeed to a portion; and
c: a portion is allocated to each child who died before the beneficiary but left descendants who survived the beneficiary and succession to that portion is determined by applying paragraphs (1) and (2) of this item as if the child were a beneficiary and the portion were the child’s beneficial interest.
3: If a child or descendant who is not a lineal descendant of Wi Pere succeeds to the beneficial interest, the child or descendant succeeds only to a life interest in the beneficial interest. At the extinguishment of that life interest, the reversionary interest in the beneficial interest is succeeded to by the person or people who—
a: are entitled to succeed to the interest under items 2 to 4; and
b: are lineal descendants of Wi Pere. 3 Siblings; no descendants; no surviving spouse or surviving spouse’s interest has been extinguished
1: The beneficiary’s siblings succeed to the beneficial interest in equal portions unless paragraph (2) applies.
2: If 1 or more of the beneficiary’s siblings died before the beneficiary but left qualifying descendants,—
a: the beneficial interest is divided into equal portions, the number of portions being the number of surviving siblings plus the number of siblings who died before the beneficiary but left qualifying descendants; and
b: the surviving siblings each succeed to a portion; and
c: a portion is allocated to each sibling who died before the beneficiary but left qualifying descendants and succession to that portion is determined by applying paragraphs (1) and (2) of item 2 as if the sibling were a beneficiary and the portion were that sibling’s beneficial interest, except that only lineal descendants of Wi Pere may succeed to the beneficial interest.
3: In this item,— qualifying descendant
a: is a child or descendant of a sibling of the beneficiary; and
b: survived the beneficiary; and
c: is a lineal descendant of Wi Pere sibling
a: includes half-siblings; but
b: excludes siblings and half-siblings that are not also lineal descendants of Wi Pere. 4 No siblings; no descendants; no surviving spouse or surviving spouse’s interest has been extinguished The beneficiary’s closest living relative or relatives who are lineal descendants of Wi Pere succeed to the beneficial interest in equal portions. Section 25 inserted 12 May 2017 section 9 Māori Purposes Act 2017
26: Disposal of beneficial interest by way of gift during beneficiary's lifetime
1: A beneficiary may transfer his or her beneficial interest by way of gift during the beneficiary's lifetime if—
a: the transferee is a lineal descendant of Wi Pere; and
b: the transferor has applied to the trust board for approval of the transfer; and
c: the trust board has approved the transfer.
2: The transfer of a beneficial interest under this section has no effect unless and until it is registered in the register of beneficial interests.
3: The trust board may refuse to approve a transfer, but must not unreasonably withhold approval. Section 26 inserted 12 May 2017 section 9 Māori Purposes Act 2017
27: Māori Land Court may determine who is lineal descendant of Wi Pere
1: This section applies if there is a dispute as to whether a person is a lineal descendant of Wi Pere and the trust board has been unable to resolve the dispute.
2: On the application of any interested person, the Māori Land Court may make an order determining whether a person is a lineal descendant of Wi Pere.
3: In exercising its jurisdiction under this section, the primary objective of the Māori Land Court is to give effect to this Act. Section 27 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Administration of beneficial interests Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017
28: Trust board may adjust beneficial interests
The trust board may increase or decrease a beneficiary's beneficial interest in trust property, provided that—
a: the beneficial interest of each beneficiary as a proportion of the total beneficial interests of all beneficiaries remains unchanged; and
b: the increase or decrease is made solely for the ease of the trust board's administration of the trust register. Section 28 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Miscellaneous Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017
29: Property (Relationships) Act 1976 does not apply
The Property (Relationships) Act 1976 Section 29 inserted 12 May 2017 section 9 Māori Purposes Act 2017
4: Land held by trust board
Part 4 inserted 12 May 2017 section 9 Māori Purposes Act 2017
1: General land
Subpart 1 inserted 12 May 2017 section 9 Māori Purposes Act 2017
30: Land that is general land
1: For the purposes of classification of land under the 1993 Act and for the purposes of this Act, the land listed in Schedule 2
2: The Registrar-General of Land must, as soon as practicable, update the relevant computer freehold register to reflect the changes to the status of the land listed in Schedule 2
3: The Registrar of the Māori Land Court must ensure that the records of the court are amended to reflect the changes to the status of the land listed in Schedule 2 Section 30 inserted 12 May 2017 section 9 Māori Purposes Act 2017
31: Application of 1993 Act to general land excluded
1: The provisions of the 1993 Act do not apply in respect of general land that is trust property, except for the purpose of classifying land as general land or Māori freehold land ( see section 34
2: To avoid doubt, the fact that general land is trust property does not make it general land owned by Māori for the purposes of the 1993 Act. Section 31 inserted 12 May 2017 section 9 Māori Purposes Act 2017
2: Māori freehold land
Subpart 2 inserted 12 May 2017 section 9 Māori Purposes Act 2017
32: Land that is Māori freehold land
1: For the purposes of the 1993 Act and this Act, the land listed in Schedule 3
2: The Registrar-General of Land must, as soon as practicable, update the relevant computer freehold register to reflect the status of the land listed in Schedule 3
3: The Registrar of the Māori Land Court must ensure that the records of the court are amended to reflect the status of the land listed in Schedule 3 Section 32 inserted 12 May 2017 section 9 Māori Purposes Act 2017
33: Application of 1993 Act to Māori freehold land modified
1: The provisions of the 1993 Act that are capable of applying in relation to Māori freehold land that is trust property apply or do not apply to that land as set out in Schedule 4
a: the modifications and exclusions set out in this Act; and
b: any other necessary modifications.
2: In the event of any inconsistency between this Act and the 1993 Act not already provided for, the provisions of this Act prevail.
3: A reference in this Act to a provision of the 1993 Act that is modified by Schedule 4 Section 33 inserted 12 May 2017 section 9 Māori Purposes Act 2017
3: Role of Māori Land Court in relation to land that is trust property
Subpart 3 inserted 12 May 2017 section 9 Māori Purposes Act 2017 General land Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017
34: Jurisdiction of Māori Land Court excluded
The Māori Land Court has no jurisdiction to hear any matter relating to general land that is trust property, except that it may make—
a: a status order under section 133 135
b: a vesting order under section 134 Section 34 inserted 12 May 2017 section 9 Māori Purposes Act 2017 Māori freehold land Heading inserted 12 May 2017 section 9 Māori Purposes Act 2017
35: General objectives of Māori Land Court
1: In exercising its jurisdiction and powers under the 1993 Act and under this Act in relation to Māori freehold land that is trust property, the primary objective of the Māori Land Court is to give effect to—
a: this Act; and
b: the constitution.
2: In applying subsection (1), the Māori Land Court must also seek to promote and assist in—
a: the retention of the land by the trust board; and
b: the effective use, management, and development of the land by or on behalf of the trust board. 1993 No 4 s 17(1), (2)﻿(a), (b) Section 35 inserted 12 May 2017 section 9 Māori Purposes Act 2017
36: General jurisdiction of Māori Land Court
Subject to the specific provisions of this Act, the Māori Land Court has the following jurisdiction in relation to Māori freehold land that is trust property:
a: to hear and determine any claim, whether at law or in equity, to the ownership or possession of the land, or to any right, title, estate, or interest in the land, or in the proceeds of the alienation of any such right, title, estate, or interest:
b: to determine the relative interests of the owners in common, whether at law or in equity, of the land:
c: to hear and determine any claim to recover damages for trespass or any other injury to the land:
d: to hear and determine any proceeding founded on contract or on tort where the debt, demand, or damage relates to the land:
e: to determine, for the purposes of any proceedings in the court or for any other purpose, whether any specified person is a Māori or the descendant of a Māori:
f: to determine whether any land or interest in land to which section 8A 8HB section 338
g: to determine, for the purposes of any proceedings in the court or for any other purpose, whether any specified land is or is not Māori customary land or Māori freehold land or general land owned by Māori or general land or Crown land. 1993 No 4 s 18(1) Section 36 inserted 12 May 2017 section 9 Māori Purposes Act 2017
37: Other jurisdiction of Māori Land Court
Subject to the specific provisions of this Act, the Māori Land Court may, for Māori freehold land that is trust property, and on the application of the trust board or a beneficiary,—
a: settle the lists of the beneficiaries in the land or any part of the land; and
b: appoint successors to a deceased beneficiary; and
c: appoint a trustee for a beneficiary under disability; and
d: make an order under a section of this Act that confers jurisdiction on the Māori Land Court; and
e: generally exercise jurisdiction so far as the equitable estate of the beneficiaries is concerned. Section 37 inserted 12 May 2017 section 9 Māori Purposes Act 2017
4: Alienation or other disposition of land by trust board
Subpart 4 inserted 12 May 2017 section 9 Māori Purposes Act 2017
38: Alienation of Māori freehold land
1: The trust board has the capacity to alienate Māori freehold land that is trust property if—
a: the alienation would be permitted by sections 147 147A 150A Part 12
b: the alienation is permitted by section 33 39 40
2: Section 159
3: In this section, alienation section 4 Section 38 inserted 12 May 2017 section 9 Māori Purposes Act 2017
39: Setting land aside for use by beneficiary
The trust board may from time to time set aside any part of the land that is trust property and allow any beneficiary or beneficiaries to use it, whether for the purpose of papakāinga or other use, on such terms and subject to such conditions as the trust board thinks fit. Section 39 inserted 12 May 2017 section 9 Māori Purposes Act 2017
40: Transfer of land to beneficiary to provide residential building site
1: The trust board may apply to the Māori Land Court for an order that any Māori freehold land, or part of any Māori freehold land, that is trust property and is not subject to a mortgage be transferred to a beneficiary for the purpose of providing a residential building site or sites for the beneficiary.
2: The Māori Land Court may make an order requested under subsection (1) subject to the terms and conditions proposed by the trust board.
3: Where the court makes an order under subsection (2), the beneficiary's beneficial interest may, depending on the terms agreed between the trust board and the beneficiary,—
a: be cancelled in whole; or
b: be cancelled in part; or
c: continue without any cancellation.
4: Where Māori freehold land has been transferred to a person under this section, there is vested in the trust board (without any further step being required of the trust board) the first option to purchase the land and any improvements at a fair market value if the person—
a: dies; or
b: proposes to sell, gift, or otherwise permanently dispose of the land; or
c: proposes to lease the land for more than 10 years; or
d: ceases to personally occupy the land for more than 10 years; or
e: uses the land for a purpose other than a residential building site.
5: In subsection (4), fair market value
6: Section 296 Part 15 Section 40 inserted 12 May 2017 section 9 Māori Purposes Act 2017
5: Miscellaneous
Subpart 5 inserted 12 May 2017 section 9 Māori Purposes Act 2017
41: Jurisdiction of Māori Land Court under Fencing Act 1978
1: This section applies if a claim, dispute, or question arises under the Fencing Act 1978
a: relates to both Māori freehold land and general land held by the trust board; but
b: does not relate to Māori freehold land or general land owned by Māori that is held by another party.
2: If this section applies, the trust board may elect to—
a: make an application to the Māori Land Court in respect of the Māori freehold land and an application to the District Court in respect of the general land; or
b: make an application in respect of both the Māori freehold land and the general land to the District Court.
3: If the trust board elects to make an application under subsection (2)﻿(b), section 26(2) 1993 No 4 s 26(2) Section 41 inserted 12 May 2017 section 9 Māori Purposes Act 2017