Tokelau Amendment Act 1967

1: Short Title
This Act may be cited as the Tokelau Amendment Act 1967 the Tokelau Act 1948 The word Islands omitted 9 December 1976 2(3) 2(2) Tokelau Amendment Act 1976
1: The Tokelau
This heading amended 9 December 1976 3(2)(a)(i) Tokelau Amendment Act 1976 by omitting the words Islands
2: Commencement
Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
3: Interpretation
Commission: inserted 22 July 1969 5 Tokelau Amendment Act 1969 Employee: amended 9 December 1976 3(2)(a)(ii) Tokelau Amendment Act 1976 by omitting the word Islands New Zealand Controlling Authority: substituted 1 April 1988 87 State Sector Act 1988 New Zealand Government Service: the reference to the Government Superannuation Fund Act 1956 was substituted 1 November 1976 3(3) Government Superannuation Fund Amendment Act 1976 Tokelau Public Service: amended 9 December 1976 3(2)(a)(ii) Tokelau Amendment Act 1976 by omitting the word Islands Tokelau Public Service: paragraph (a) substituted 31 October 1968 Maori and Island Affairs Department Act 1968 Tokelau Public Service: in paragraph (a) Minister of Foreign Affairs substituted 8 November 1974 Minister of Island Affairs 2(3)(a) Tokelau Amendment Act 1974 Tokelau Public Service: paragraph (b) amended 9 December 1976 3(4)(a) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands Tokelau Public Service: the original paragraph (c) substituted 31 October 1968 Maori and Island Affairs Department Act 1968 Tokelau Public Service: in the former paragraph (c) Secretary of Foreign Affairs substituted 8 November 1974 Secretary of Island Affairs 2(3)(b) Tokelau Amendment Act 1974 Tokelau Public Service: paragraph (c) substituted 1 July 1993 6(1) Foreign Affairs Amendment Act 1993 Tokelau Public Service: paragraph (d) amended 1 December 1975 Tokelau Amendment Act 1970 by omitting the word Fa'amasino See clause 2 Tokelau Islands Amendment Act Commencement Order 1975 Tokelau Public Service: paragraph (f) inserted 1 December 1975 Tokelau Amendment Act 1970 See clause 2 Tokelau Islands Amendment Act Commencement Order 1975 Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
4: Appointment of employees
Subsections (1) (2) (3) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
5: Exemptions
Subsections (1) (3) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
6: State Sector Act 1988 Section 6 amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands The reference to the State Sector Act 1988 replaced 1 April 1988 Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
7: Delegation of powers
Subsection (1) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
8: Duties of Commission
Subsections (1) (3) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Subsection (3) amended 9 December 1976 3(4)(b) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
9: Public Service Regulations
Subsections (1) (2) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
10: Payment of salary and allowances
Subsections (1) (2) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
11: Bonds and deeds of covenant by employees or prospective employees
Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
12: Concurrent offices
Subsection (1) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Subsection (2) inserted 1 December 1986 Tokelau Amendment Act 1980 See regulation 2 Tokelau Amendment Act Commencement Order 1986 Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
13: Employment in New Zealand Government Service and Tokelau Public Service
Subsections (1) (6) (8) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
14: Contribution to Government Superannuation Fund by employees
Subsection (1) amended 9 December 1976 3(3)(a) Tokelau Amendment Act 1976 by substituting the words the Tokelau Public Service the Tokelau Islands Public Service Subsection (1) amended 9 December 1976 3(3)(b) Tokelau Amendment Act 1976 by substituting the words service in Tokelau service in the Tokelau Islands Subsection (1) amended 9 December 1976 3(3)(c) Tokelau Amendment Act 1976 by substituting the words residence in Tokelau residence in the Tokelau Islands In subsection (1) the reference to the Government Superannuation Fund Act 1956 was substituted 1 November 1976 3(3) Government Superannuation Fund Amendment Act 1976 Subsections (2) (3) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands In subsection (3) the reference to the Government Superannuation Fund Act 1956 was substituted 1 November 1976 3(3) Government Superannuation Fund Amendment Act 1976 Subsection (4) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Subsection (4A) inserted 22 July 1969 6 Tokelau Amendment Act 1969 In subsection (4A) the reference to the Government Superannuation Fund Act 1956 was substituted 1 November 1976 3(3) Government Superannuation Fund Amendment Act 1976 Subsection (5)(a) amended 9 December 1976 3(4)(b) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
15: Provisions as to existing employees
Section 15 amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
16: Consequential amendments to
Government Superannuation Fund Act 1956
1:
2:
3:
4: All payments made to the Government Superannuation Board after the commencement of the principal Act and before the commencement of this Part of this Act by persons in the employ of the Tokelau the Government Superannuation Fund Act 1956 Subsection (1)(a) repealed 1 July 2001 5(2) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5 Subsection (4) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands The reference to the Government Superannuation Fund Act 1956 was substituted 1 November 1976 Government Superannuation Fund Amendment Act 1976 Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
17: Repeals
Sections 2 15 16(2) 16(3) 17 repealed 1 July 2001 3(1)(a) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5
2: Land
18: Interpretation
1: In this Part of this Act, unless the context otherwise requires,— Customary title Tokelau Public purposes Public purposes: this definition was amended 9 December 1976 2(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Tokelauan Tokelau Tokelauan land Tokelau
2: Any land in Tokelau Subsections (1) (2) amended 9 December 1976 3(4)(b) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands
19: Designation of land
Subject to the provisions of this Part of this Act, all land in Tokelau Section 19 amended 9 December 1976 3(4)(b) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands
20: All land in Tokelau (with certain exceptions) vested in Crown, subject to customary title
1: Subject to the provisions of this Part of this Act, all land in Tokelau subsection (2) Tokelau
2: Subject to the provisions of this Part of this Act, the beneficial ownership of Tokelauan land shall be determined in accordance with the customs and usages of the Tokelauan inhabitants of Tokelau Subsections (1) (2) amended 9 December 1976 3(4)(b) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands
21: Section 21 repealed 10 December 1976 Tokelau (Territorial Sea and Fishing Zone) Act 1976
22: Control of Crown land by Administrator
The Administrator of Tokelau Tokelau Section 22 amended 9 December 1976 3(4)(b) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands
23: Saving of existing interests in Tokelauan land
Where at the passing of this Act any Tokelauan land is subject to any valid and subsisting leasehold or other interest vested in any person or body corporate otherwise than by way of customary title, that leasehold or other interest shall be deemed to be held by grant from the Crown.
24: Taking of land for public purposes
1: The Minister of Foreign Affairs Tokelau the warrant the warrant the warrant
2: When any land has been so taken for a public purpose, all persons having in respect of that land any right, title, estate, or interest which is extinguished or divested by the taking of the land, shall be entitled to compensation therefor from the Crown.
3: The Administrator of Tokelau shall, within 90 days after the date on which any land so taken has vested in the Crown, offer to the persons entitled to share in the compensation such sum by way of compensation as the Administrator thinks fit.
3A: Where all the persons entitled to share in the compensation offered under subsection (3)
4: Any compensation so awarded to any person shall constitute a debt due to him by the Crown, and shall be paid from the Tokelau
5: Any lease, easement, or other limited right, title, estate, or interest in any land may be taken by the Minister, by Warrant Section 24 amended 22 July 1969 7(a) Tokelau Amendment Act 1969 by substituting the words The Minister of Island Affairs may from time to time, by Warrant The Governor-General may from time to time, by Order in Council Subsection (1) amended 22 July 1969 7(b) Tokelau Amendment Act 1969 by substituting the words the warrant the order In subsection (1) the words The Minister of Foreign Affairs substituted 8 November 1974 The Minister of Island Affairs 2(3)(a) Tokelau Amendment Act 1974 Subsections (1) (3) amended 9 December 1976 3(4)(b) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands Subsection (3) substituted (3A) inserted 1 August 1986 21 Tokelau Amendment Act 1986 Subsection (4) amended 9 December 1976 3(2)(a)(iii) Tokelau Amendment Act 1976 by omitting the word Islands Subsection (5) amended 22 July 1969 7(c) Tokelau Amendment Act 1969 by substituting the words the Minister, by Warrant Order in Council
25: Alienation of land by Tokelauans
1: Save so far as may be otherwise provided by regulations made under the principal Act, it shall not be lawful or competent for a Tokelauan to make any alienation or disposition of Tokelauan land, or of any interest in Tokelauan land, whether by way of sale, lease, licence, mortgage, or otherwise howsoever, other than an alienation or disposition in favour of the Crown, nor shall Tokelauan land or any interest therein be capable of being taken in execution or be assets for the payment of the debts of a Tokelauan on his death or insolvency.
2: For the purposes of this section, a contract of sale of crops, timber, minerals, or other valuable thing attached to or forming part of any Tokelauan land shall be deemed to be a contract for the alienation of an interest in the land, unless the thing so sold or agreed to be sold has been severed from the land before the making of the contract.
3: For the purposes of this section, all rent and other money receivable by a Tokelauan in respect of his interest in any Tokelauan land shall be deemed to be an interest in the land.
4: The Administrator of Tokelau
5: Every such lease shall operate as if it were a lease of Crown land, but the rents or other revenue derived therefrom shall be received by the Crown in trust for the owners of the land.
6: Nothing in this section shall affect the power of Tokelauans to dispose of Tokelauan land amongst themselves according to the customs and usages of the Tokelauan inhabitants of Tokelau Subsections (4) (6) amended 9 December 1976 3(4)(b) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands
25A: Restriction on alienation of certain land
It shall not be lawful or competent for any person who is the owner of any land to which section 18(2) Section 25A inserted 1 August 1986 22 Tokelau Amendment Act 1986
26: Certain Gilbert and Ellice Islands Ordinances not to apply to Tokelau
1: The following Ordinances of the Gilbert and Ellice Islands Colony shall after the passing of this Act cease to have effect as part of the law of Tokelau
a: The Native Lands Ordinance 1917
b: The Native Lands Amendment Ordinance 1919
c: The Gilbert and Ellice Native Lands Ordinance 1922
d: The Native Lands (Amendment) Ordinance 1935
2: The provisions of sections 20, 20A, and 21 of the Acts Interpretation Act 1924 subsection (1) Subsection (1) amended 9 December 1976 3(4)(b) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands