Maori Purposes Act 1953

1: Short Title
This Act may be cited as the Maori Purposes Act 1953.
1: Winding up of East Coast Maori Trust
2: Interpretation
In this Part, unless the context otherwise requires,— Commissioner court Council trust estate
3: Beneficial owners of trust estates incorporated
1: The equitable and beneficial owners of the land comprised in each trust estate, other than the Maraetaha No 2, Section 4, Trust Estate (the assets of which are comprised exclusively of property other than land), are hereby constituted a body corporate under Part 17 of the Maori Land Act 1931 from 1 July 1953, as if an order of incorporation had been made by the court in that behalf, and, except as otherwise provided in this Part, all the provisions of the said Part 17 and the regulations made thereunder shall apply to every such body corporate accordingly.
2: Every body corporate constituted by this section shall bear the name “The Proprietors of [ name of the land as set out in Part 3 of Schedule 1 of the Maori Purposes Act 1951 provided that the body corporate of the beneficial owners of the land comprised in the Mangaotane Trust Estate shall bear the name “The Proprietors of Mangatu Nos 5 and 6”.
3: On application by the Commissioner, the court, at any time after the commencement of this Act, shall, in accordance with rules of court, fix a time and place for the holding of a general meeting of the members of any body corporate constituted by this section, for the purpose of electing a committee of management therefor.
4: Notwithstanding the provisions of Part 17 of the Maori Land Act 1931, the fee simple of the land comprised in any trust estate shall not, by reason of the constitution of the beneficial owners thereof as a body corporate by this section, vest in the body corporate, but every such body corporate shall be entitled to have transferred to it all land and all personal property comprised in the trust estate in accordance with and subject to the provisions of this Part.
5: Notwithstanding the constitution by this section of the bodies corporate aforesaid, the Commissioner shall continue to hold so much of the trust estates as have not been transferred by him under this Part and to conduct the business thereof in accordance with the powers and authorities vested in him as trustee and agent for the bodies corporate hereby constituted until such time in each case as he has, in accordance with the provisions of section 4
4: Commissioner to transfer trust estates to bodies corporate
1: Subject to the provisions of this section, the Commissioner is hereby authorized and directed, as soon as conveniently may be after the commencement of this Act, to transfer and assure to each of the bodies corporate constituted by section 3
2: Before any transfer in accordance with subsection (1) is made of any property comprised in any trust estate for the time being indebted to the Commissioner, the body corporate constituted in respect of that trust estate shall make arrangements with the Commissioner for the payment of the following amounts:
a: the amount owing by the trust estate to the Commissioner as at 30 June 1953, as recorded in the books of account of the Commissioner:
b: such further amount as may be owing by the trust estate to the Commissioner in respect of advances made in the course of the conduct of the business of the trust estate on and after 1 July 1953:
c: any sum ascertained in accordance with subsection (4) as chargeable to the trust estate in respect of the charges, expenses, and liabilities incurred or to be incurred by the Commissioner in carrying out the duties prescribed for him under this Part.
3: Upon the payment, or, as the case may be, upon the making of arrangements satisfactory to the Commissioner for the payment, of the amounts referred to in subsection (2), the Commissioner shall contemporaneously transfer and assure to the body corporate the farming assets of the trust estate in respect of which the body corporate is constituted.
4: The sum referred to in paragraph (c) of subsection (2) shall be the sum ascertained by the Commissioner, with the approval and concurrence of his duly appointed auditors, as the proportion fairly and justly chargeable to the trust estate in respect of which it is ascertained, of the total existing liabilities and losses of the Commission not chargeable directly to any 1 or more of the trust estates, and of the total estimated contingent liabilities, costs, and expenses arising out of the winding up of the Commissioner's business and assets generally.
5: On the transfer to any body corporate of the land and chattels of the trust estate, in accordance with subsection (1) or subsection (3), all book debts (whether for advances to beneficiaries or otherwise) and all choses in action the property of the trust estate shall vest in the body corporate, and the Commissioner, at the request of the body corporate made at the time of transfer or at any time thereafter, shall formally assign and transfer any such book debt or chose in action accordingly.
6: On the transfer as aforesaid to a body corporate of the land and chattels comprised in any trust estate, the Commissioner shall pay over to the body corporate all moneys appropriated and held by him to the credit of individual beneficial owners in the trust estate, and all such moneys shall be held by the body corporate upon the same trusts and subject to the same liabilities and encumbrances as they were subject to in the hands of the Commissioner.
5: Maraetaha No 2, Section 4, Trust Estate
Subject to the provisions of section 8
6: Mangaotane Trust Estate
1:
2: Notwithstanding the provisions of this Part, if no committee of management has been appointed in respect of the Mangaotane Trust Estate on or before 1 July 1954, the full costs of management and administration of that trust estate as from that date shall be paid and borne solely by that trust estate. Section 6(1) repealed 27 November 1970 section 25(1) Maori Purposes Act 1970
7: Contributions by bodies corporate towards expenses and liabilities of Commissioner
1: Until such time as the Commissioner is discharged from office in accordance with section 16 section 3
2: The court, on the application of the Commissioner, or of any body corporate constituted by section 3
8: Disposition by Commissioner of liquid assets
1: The Commissioner may from time to time, in the course of the exercise of his functions under this Part, make from moneys retained by him under subsection (2) interim distributions to bodies corporate to which land and other property has been transferred in accordance with section 4
2: Subject to the provisions of subsection (1), all moneys or securities for money held by the Commissioner, and all property other than that expressly referred to in section 4
9: Commissioner to wind up general business of East Coast Trust
1: Upon the commencement of this Act the Commissioner shall proceed with all diligence to wind up and liquidate the general business conducted by him as part of the corporate administration of all the trust estates and shall realize all assets and liquidate all liabilities arising by reason of the corporate administration as aforesaid not being the exclusive concern of any one trust estate.
2: After providing therefrom for any costs or liability incurred in the winding up and realization directed by subsection (1), the Commissioner shall allocate the net balance of the proceeds of the realization among the several trust estates constituted by this Part.
3: The proceeds of realization shall be allocated and the general costs incurred by the Commissioner shall be apportioned on the same basis as that applicable in respect of the annual division among the several trust estates of profits for the year ended on 30 June 1953.
4: In the realization of assets under subsection (1), the Commissioner may sell any real or personal property by public auction or tender or by private treaty, and in particular, but without limiting the general authority conferred by this subsection, may sell any such property to any company incorporated under the Companies Act 1933 of which a majority of the bodies corporate constituted by section 3
5: Where any property is sold by private treaty, whether to a company as provided in subsection (4) or otherwise, the consideration may be assessed, in the case of real property, by a special valuation under the Valuation of Land Act 1951 to be made by the Valuer-General, and, in the case of other property, by valuations made for the purpose by competent valuers approved by the Council.
6: Where any property is sold to a company in accordance with subsection (4), the Commissioner shall require any shares allotted as consideration therefor to be allocated among the bodies corporate constituted by section 3
10: Commissioner to advertise for claims
1: The Commissioner shall fix a date, being not earlier than 31 January 1954 and not later than 30 April 1954, as the latest day for the lodging of claims and the proving of debts owing by the Commissioner in respect of his general business and assets or in respect of any trust estate.
2: The Commissioner shall, in a daily newspaper published respectively in each of the cities of Auckland, Wellington, Napier, Christchurch, and Dunedin, and the towns of Gisborne, Hastings, and Wairoa, notify the date fixed under subsection (1). The first such advertisement shall be published not less than 3 months before the date so fixed, and it shall thereafter be repeated at fortnightly intervals; and published finally on the day immediately preceding the date so fixed.
3: Every advertisement published as aforesaid shall specify the Commissioner's intention to distribute the assets held by him after the date fixed under subsection (1), having regard only to the claims of which he then has notice.
4: The Commissioner shall not be liable for any claim of which he has not had notice on or before the day fixed under subsection (1): provided that nothing in this subsection shall affect the right of any creditor or claimant whose claim relates exclusively to any particular trust estate to follow the assets thereof into the hands of the body corporate receiving the same.
5: Each body corporate constituted by section 3
11: Mangapoike 2A 3 and 2D Joint Venture Mill Account
1: Any loss arising on the liquidation and winding up of the enterprise conducted by the Commissioner under the separate account recorded in the Commissioner's books of account as The Mangapoike 2A 3 and 2D Joint Venture Mill Account shall be borne by all the trust estates in such relative proportions as may be determined by the Council after due investigation by the Council and the Commissioner.
2: Any determination by the Council under subsection (1) shall be final and binding on the Commissioner and on the beneficiaries of the several trust estates and the bodies corporate constituted in respect of those trust estates.
12: Instruments transferring property to bodies corporate
Every memorandum of transfer and other assurances of real or personal property from the Commissioner to a body corporate constituted by section 3
13: Land transferred to bodies corporate to be Maori land
All land vested in the Commissioner, whether or not the same is Maori land, shall upon transfer to a body corporate constituted by section 3
14: Reports by Commissioner
1: The Commissioner shall, as soon as conveniently possible after 30 June 1954, and after the same day in each year during which the winding up and distribution of the assets of the Commissioner remain uncompleted, report to the court on the progress made in respect of the distribution and winding up.
2: Every report made under subsection (1) shall include statements showing—
a: the property distributed, sold, or otherwise disposed of, and the manner of disposition:
b: the consideration received for any property sold as aforesaid:
c: the allocation of the costs incurred by him in the course of the winding up and liquidation as aforesaid:
d: such other matters as the Commissioner deems material.
3: A copy of every report made by the Commissioner under this section shall be supplied by him to each of the bodies corporate constituted by section 3
4: The court, after giving to each body corporate, and to the Council, and to any other person or body interested an opportunity to be heard, if they so desire, shall consider any report made under this section, and may either confirm the report or require alterations to be made therein, and in doing so shall have the same powers as are given to it by section 41 of the Maori Purposes Act 1931 in relation to the annual accounts of the Commissioner, and the provisions of that section, as far as they are applicable and with the necessary modifications, shall apply accordingly as if the report being dealt with were the annual accounts referred to in the said section 41.
5: On the completion by the Commissioner of the winding up and liquidation of his business and the distribution of the trust estates in accordance with the provisions of this Part, he shall submit to the court his final report and accounts for confirmation in manner provided by subsection (1), and the foregoing provisions of this section shall apply accordingly to any such report and accounts and to the powers of the court in relation thereto.
15: Court may determine disputes
1: Where any doubt, difficulty, or dispute arises in the course of or in relation to the distribution and winding up of the business and property of the Commissioner under this Part, the Commissioner may apply to the court to determine the same, and the court shall make such order or give such directions as it considers necessary and equitable in the circumstances. Any order or direction given by the court under this subsection shall be binding upon the Commissioner and all other persons interested or concerned in the matter in question.
2: In dealing with any matter in respect of which application is made under subsection (1) the court shall have regard to, but shall not necessarily be bound by, any relative provisions of the Trustee Act 1908 or, in so far as the provisions of that Act relate to the winding up of a company in voluntary liquidation, of the Companies Act 1933.
16: Discharge of Commissioner
Section 16 repealed 27 November 1970 section 25(1) Maori Purposes Act 1970
17: General meetings of incorporated owners
1: The provisions of this section shall apply in the case of all general meetings of the incorporated owners of the bodies corporate constituted by section 3
2: The court may from time to time fix the quorum for any general meeting of incorporated owners. Unless and until a quorum has been so fixed, the quorum for any such meeting shall be 20 persons (whether members or proxies for members) or a number of persons equal to two-thirds of the total number of members (whichever is the less). For the purposes of this subsection, where the total number of members is not a multiple of 3, two-thirds of the number of members shall be deemed to be two-thirds of the next highest number which is a multiple of 3.
3: Whether the quorum is fixed by the court or in accordance with subsection (2), no general meeting shall be deemed to be properly constituted unless at least 3 owners are present in person throughout the meeting.
4: Unless on any question submitted at a general meeting to a vote of the owners a poll is demanded by not less than 2 persons present thereat, every owner present in person or by proxy shall have 1 vote only, and a resolution shall be carried if a majority of the votes is in favour thereof.
5: If on any question submitted to a vote of the owners a poll is demanded in accordance with subsection (4), the voting powers of the owners shall be in direct proportion to their relative interests in the land and other assets of the incorporation.
6: A person acting as proxy for more than 1 owner, or a trustee or his proxy acting for a person under disability, shall be entitled to vote separately for each person for whom he so acts.
7: No member of a committee of management shall be competent to act at a general meeting of owners as the proxy of any owner, and no person holding a proxy at a general meeting at which any member of the committee of management is elected shall be elected as a member of the committee.
18: Other enactments not affected unless inconsistent with this Part
Nothing in this Part shall be construed to affect the provisions of any other enactment except so far as the provisions of any such other enactment are inconsistent with the provisions of this Part.
2: Miscellaneous powers
19: Provisions of Maori Land Act 1931 to apply to this Part
Words and expressions used in this Part shall, unless the contrary intention appears, have the same meaning as in the Maori Land Act 1931 principal Act Tokerau District Heading repealed 25 October 1956 section 6(1) Maori Purposes Act 1956
20: Repealing provisions as to Kororipo Pa
Section 20 repealed 25 October 1956 section 6(1) Maori Purposes Act 1956
21: Establishment of Aupouri Trust Board
Section 21 repealed 1 January 1956 section 57(1) Maori Trust Boards Act 1955 Waikato–Maniapoto District Heading repealed 25 October 1956 section 6(1) Maori Purposes Act 1956
22: Validating certain documents in respect of Section 131, Parish of Waiuku West
Section 22 repealed 25 October 1956 section 6(1) Maori Purposes Act 1956 Tairawhiti District
23: Incorporation of proprietors of Mangatu Nos 1, 3, and 4 Blocks
1: The body corporate constituted by Part 3 of the Maori Purposes Act 1947, under the name of “The Proprietors of the Mangatu Nos 1, 3, and 4 Blocks (Incorporated)” (in this section referred to as the body corporate
2: Subject to the provisions of this section, the provisions of the said Part 22 shall, as far as they are applicable and with any necessary modifications, apply to the said body corporate and to the committee of management thereof in all respects as if the body corporate had been incorporated pursuant to an order of incorporation made by the court under that Part and the objects of the body corporate referred to in subsection (1) were the objects defined by the court.
3: Notwithstanding the provisions of Part 22 of the Maori Affairs Act 1953, the committee of management established under Part 3 of the Maori Purposes Act 1947 shall be deemed to be the first committee of management of the body corporate established by this section, and each member of that committee in office on the commencement of this section shall remain in office until his successor is elected or appointed in accordance with regulations made under section 294 of the Maori Affairs Act 1953.
4: Amendment(s) incorporated in the Act(s)
5: This section shall come into force on 1 April 1954. Ikaroa District Heading repealed 25 October 1956 section 8(2) Maori Purposes Act 1956
24: As to costs of claims in respect of Aorangi Block
Section 24 repealed 25 October 1956 section 8(2) Maori Purposes Act 1956
25: Settlement of Omarunui claim
Section 25 repealed 25 October 1956 section 6(1) Maori Purposes Act 1956 General
26: Authorizing Maori Trustee to use portion of Maori Soldiers' Fund for educational purposes
Section 26 repealed 1 April 1958 section 17(1) Maori Soldiers Trust Act 1957
27: Maori Trustee authorized to abate charges for improvements on lands comprised in Hoia Station
1: Subject to the provisions of subsection (2), the Maori Trustee may, with the approval of the Board of Maori Affairs, write off in respect of the several amounts which were payable to the Maori Trustee as compensation for improvements, and which were constituted as charges on the several blocks of land referred to in subsection (3), such amounts as to him seem equitable, and, to the extent that the several amounts are so written off, the charges in respect of the blocks to which they relate shall be deemed to have been discharged accordingly.
2: No greater amount shall be written off under the authority of this section than the amount by which the amount charged on the appropriate block exceeds the value of the improvements for which the Maori Trustee was entitled to compensation as disclosed by a valuation made under the Valuation of Land Act 1951
3: The several blocks of land to which this section relates are the blocks known as Wharekahika No 8A, Wharekahika No 8D, Wharekahika No 18J, Wharekahika No 18K, and Wharekahika No 18L, situated in the Tairawhiti Maori Land Court District, and comprising portion of the property controlled and managed by the Maori Trustee under the name of Hoia Station.
28: Settlement of surplus lands claims
Section 28 repealed 1 January 1956 section 57(1) Maori Trust Boards Act 1955
29: Extension of terms of certain leases
Section 29 repealed 29 September 1954 section 77 Maori Vested Lands Administration Act 1954