Maori Reserved Land Amendment Act 1997

1: Short Title and commencement
1: This Act may be cited as the Maori Reserved Land Amendment Act 1997, and is part of the Maori Reserved Land Act 1955 the principal Act
2: This Act comes into force on 1 January 1998.
1: Preliminary provisions
2: Act to bind the Crown
This Act binds the Crown.
3: Purpose of Act
1: The purpose of this Act is—
a: To provide, in respect of leases to which this Act applies, for a change to more frequent rent reviews and to fair annual rents based on the unimproved value of the land to be phased in over a 4-year period commencing 3 years after the commencement of this Act; and
b: To provide for compensation to be paid to lessors for the delay, as from the commencement of 1 January 1998, in the change to more frequent reviews and to fair annual rents based on the unimproved value of the land and for the conditions imposed by this Act on the transfer by lessors of land that is subject to leases to which this Act applies; and
c: To provide that the amount of the compensation payable to each lessor is to be, in accordance with an election made by the lessor, either—
i: The amount payable to the lessor under section 13
ii: The amount determined by the Land Valuation Tribunal in accordance with section 15
d: To provide for a solatium payment to those lessors who accept the amount payable by way of compensation under section 13
e: To provide for compensation to be paid to lessees for the change to more frequent rent reviews and to fair annual rents based on the unimproved value of the land and for the conditions imposed by this Act on the assignment of the lessees' interests in the leases; and
f: To provide that the amount of the compensation payable to each lessee is to be, in accordance with an election made by the lessee, either—
i: The amount payable to the lessee under section 16
ii: The amount determined by the Land Valuation Tribunal in accordance with section 4
g: To provide for a solatium payment to be made to those lessees who accept the amount payable by way of compensation under section 16
h: To provide a right of first refusal for lessors on assignment by lessees to third parties of leases to which this Act applies; and
i: To provide the lessors of leases to which this Act applies with additional money with which they may purchase the interests of lessees under those leases (as those interests become available for purchase) by authorising the payment to those lessors, on the basis of one payment per lease, irrespective of the number of lessors, of money that those lessors may use for the purchase of such interests; and
j: To provide a right of first refusal for lessees on transfer by lessors to third parties of land subject to leases to which this Act applies.
2: The market rent and right of first refusal provisions are in Part 2 Schedule 1
3: The compensation provisions are in Part 3 Schedule 2 Subsection (1)﻿(f)﻿(ii) amended 16 March 1998 section 6 Maori Reserved Land Amendment Act 1998 by substituting the expression section 4 of the Maori Reserved Land Amendment Act 1988 section 18
4: Application of Act
This Act applies to the following leases:
a: The leases specified in Part A
b: Any lease to which a lessee is entitled in renewal of, or in substitution for, an expired lease specified in Part B
2: Provisions relating to annual rents and right of first refusal implied in certain leases
5: Provisions implied in leases to which this Act applies
1: There is implied in every lease to which this Act applies the provisions in Schedule 1
2: Subject to subsections (3) (4) subsection (1)
a: A provision of the principal Act; or
b: A provision of the lease; or
c: A provision implied in the lease by a provision of the principal Act or a provision of the lease.
3: Nothing in subsections (1) (2) section 29 clauses 3 to 9 Part A Part A
4: The provisions implied in a lease by subsection (1)
5: Where, pursuant to subsection (4) Schedule 1
6: The provisions implied in a lease by subsection (1) Te Ture Whenua Maori Act 1993
6: Implied provisions to apply to sale by mortgagee or creditor or pursuant to court order
Where land that is subject to a lease to which this Act applies, or a lessee's interest in a lease to which this Act applies, is to be sold by, or on behalf of, a mortgagee or creditor of the lessor or lessee (as the case may be) or pursuant to an order of a court, the provisions in Schedule 1 section 5
7: Transfer or assignment of lessor's or lessee's interest in contravention of implied provisions void
1: Any transfer of land that is subject to a lease to which this Act applies by a lessor, or any assignment of an interest in a lease to which this Act applies by a lessee, in breach of the provisions in Schedule 1 section 5
2: A transfer or assignment that is void under subsection (1) section 71 Section 7(2) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
8: Acquisition of relevant interest in lessors or lessees that are companies
1: After the commencement of this Act, a person (other than a preferred alienee) must not acquire a relevant interest, or an additional relevant interest, in the voting products
a: The company complies with clauses 27 to 30
b: The lessee of the lease consents in writing to the acquisition before the relevant interest is acquired.
2: After the commencement of this Act, a person (other than a specified assignee) must not acquire a relevant interest, or an additional relevant interest, in the voting products
a: The company complies with clauses 11 to 14 16 to 25
b: The lessor of the lease consents in writing to the acquisition before the relevant interest is acquired.
3: The acquisition of a relevant interest in the voting products
4: An acquisition that is void under subsection (3) section 71
5: In this section,—
a: company section 6(1)
b: Preferred alienee Te Ture Whenua Maori Act 1993
c: Relevant interest sections 235 to 238
d: Specified assignee clause 2 voting products
e: voting product section 6(1) Section 8(1) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 8(2) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 8(3) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 8(4) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 8(5)﻿(a) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 8(5)﻿(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 8(5)﻿(d) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 8(5)﻿(e) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
9: Acquisition of beneficial interests in trusts that are lessors or lessees
1: After the commencement of this Act, a person must not acquire from a beneficiary a beneficial interest in a trust the trustee of which is a lessor or a lessee of a lease to which this Act applies unless—
a: The trustee complies with clauses 11 to 14 16 to 25 27 to 30
b: The person acquiring the beneficial interest is a preferred alienee or a specified assignee; or
c: The party to the lease, not being the trustee of the trust in which the beneficial interest is acquired, consents in writing before the interest is acquired.
2: The acquisition of a beneficial interest in a trust in contravention of subsection (1)
3: An acquisition that is void under subsection (2) section 71
4: In this section,—
a: Preferred alienee Te Ture Whenua Maori Act 1993
b: Specified assignee clause 2 Section 9(3) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
10: Lessees that are executors or administrators
1: Where the lessee of a lease to which this Act applies is an executor or an administrator, the lessee must comply with clauses 11 to 14 16 to 25
a: Within 1 year of the testator's or intestate's death; or
b: Where the testator has left, in relation to the testator's interest in the lease, life or lesser interests to any one or more of the persons who are, in relation to the assignment of the testator's interest in the lease, specified assignees within the meaning of Schedule 1
2: A lessee is not required to comply with subsection (1)
a: The lessor, by notice in writing to the lessee, has exempted the lessee from such compliance; or
b: The High Court has made an order extending the period within which the lessee must comply with subsection (1)
3: The High Court may make an order under subsection (2)﻿(b)
a: Proceedings touching the validity of the will of the testator; or
b: Proceedings for obtaining, recalling, or revoking any grant of administration under the Administration Act 1969 section 7
c: Proceedings under the Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 are unlikely to be disposed of within that year.
4: The High Court may make an order under subsection (2)﻿(b)
11: Registrar-General of Land to note record of title
1: Subject to subsection (2) Registrar-General of Land
2: Subsection (1) record of title Schedule 3
3: Where Schedule 3 section 29 record of title record of title Registrar-General of Land record of title Section 11 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 11(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 11(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 11(3) amended 12 November 2018 section 250 Land Transfer Act 2017
12: Registrar-General of Land The Registrar-General of Land
a: The transfer is to the lessor or lessee; or
b: Where the transfer is to a third party, the lessor or lessee that is not a party to the transfer consents in writing to the transfer; or
c: The transfer is accompanied by a certificate from the solicitor acting for the transferor that the transfer does not contravene the provisions in Schedule 1 Section 12 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 12 amended 12 November 2018 section 250 Land Transfer Act 2017
3: Compensation
13: Compensation payable to lessors
1: The person who, on the commencement of this Act, is the lessor of a lease to which this Act applies is entitled to compensation—
a: For the delay, as from the commencement of 1 January 1998,—
i: In the change to a more frequent rent review; and
ii: In the change to a fair annual rent based on the unimproved value of the land; and
b: For the conditions imposed by this Act on the transfer by the lessor of the land subject to the lease.
2: Where the details of a lease are added to Schedule 3
a: For the delay, as from the commencement of 1 January 1998,—
i: In the change to a more frequent rent review; and
ii: In the change to a fair annual rent based on the unimproved value of the land; and
b: For the conditions imposed by this Act on the transfer by the lessor of the land subject to the lease.
3: The compensation payable to a lessor under subsection (1) (2) Schedule 2
4: In this section, the term lessor Land Transfer Act 2017 Section 13(4) amended 12 November 2018 section 250 Land Transfer Act 2017
14: Right of lessor to elect to have compensation determined by Land Valuation Tribunal
1: The chief executive of Te Puni Kokiri must, after the commencement of this Act, give to each lessor to whom this Act applies a notice specifying both—
a: The amount of compensation payable to the lessor under section 13
b: The amount of the solatium payment payable to the lessor under section 25
2: The notice must state that the lessor may elect either—
a: To accept both of the amounts specified in the notice; or
b: To have the lessor's compensation determined by the Land Valuation Tribunal in accordance with section 15
3: The notice under subsection (1)
a: In the case of a lease to which this Act applies on the commencement of this Act, be given to the lessor not later than 2 March 1998; and
b: In any case where a lease becomes, after the commencement of this Act, a lease to which this Act applies, be given to the lessor not later than 2 months after the date on which that lease becomes a lease to which this Act applies.
4: The lessor may, within 3 months after being given a notice under subsection (1)
a: To inform the chief executive of Te Puni Kokiri, by notice in writing signed by the lessor, that the lessor will accept both of the amounts specified in the notice given to the lessor under subsection (1)
b: To file in the appropriate office of the District Court, in accordance with section 21 section 15
5: Where the lessor files an application under subsection (4)﻿(b)
6: Where the lessor files an application under subsection (4)﻿(b) section 13 section 25
7: Where the chief executive of Te Puni Kokiri receives from the lessor a notice under subsection (4)﻿(a) subsection (1)
8: Where the lessor does not, within the period allowed by subsection (4) subsection (4)﻿(a)
9: In this section,— Land Valuation Tribunal section 2 Land Valuation Proceedings Act 1948 Lessor Land Transfer Act 2017 Section 14(9) Lessor amended 12 November 2018 section 250 Land Transfer Act 2017
15: Determination of compensation by Land Valuation Tribunal
1: Where a lessor files an application under section 14(4)﻿(b)
a: For the delay, as from the commencement of 1 January 1998,—
i: In the change to a more frequent rent review; and
ii: In the change to a fair annual rent based on the unimproved value of the land; and
b: For the conditions imposed by this Act on the transfer by the lessor of the land subject to the lease.
2: The Land Valuation Tribunal must, as soon as practicable, determine the amount of that compensation.
3: Every application made under section 14(4)﻿(b) Land Valuation Proceedings Act 1948
4: In this section,— Land Valuation Tribunal section 2 Lessor Land Transfer Act 2017 Section 15(4) Lessor amended 12 November 2018 section 250 Land Transfer Act 2017
16: Compensation payable to lessees
1: The person who, on the commencement of this Act, is the lessee of a lease to which this Act applies is entitled to compensation for—
a: The change to a more frequent rent review; and
b: The change to a fair annual rent based on the unimproved value of the land; and
c: The conditions imposed by this Act on the assignment of the lessee's interest in the lease.
2: Where the details of a lease are added to Schedule 3
a: The change to a more frequent rent review; and
b: The change to a fair annual rent based on the unimproved value of the land; and
c: The conditions imposed by this Act on the assignment of the lessee's interest in the lease.
3: The compensation payable to a lessee under subsection (1) (2) Schedule 2
4: In this section, the term lessee
a: In relation to a lease registered under the Land Transfer Act 2017
b: In relation to any other lease, the person entitled to be registered under the Land Transfer Act 2017 Section 16(4)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 16(4)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017
17: Right of lessee to elect to have compensation determined by Land Valuation Tribunal
Sections 17 18 repealed 16 March 1998 section 5 Maori Reserved Land Amendment Act 1998 See section 7
18: Determination of compensation by Land Valuation Tribunal
Sections 17 18 repealed 16 March 1998 section 5 Maori Reserved Land Amendment Act 1998
19: Compensation not otherwise payable
1: Except as provided in sections 13 to 16 3 4
2: Nothing in subsection (1) sections 23 24 25 26 28 Subsection (1) amended 16 March 1998 section 6 Maori Reserved Land Amendment Act 1998 by substituting the expression sections 13 to 16 sections 3 and 4 of the Maori Reserved Land Amendment Act 1998 sections 13 to 18
20: No compensation payable to the Crown or Crown entity
1: No compensation is payable under this Act or the Maori Reserved Land Amendment Act 1998
2: In this section, the terms the Crown Crown entity section 2 Subsection (1) amended 16 March 1998 section 6 Maori Reserved Land Amendment Act 1998 by inserting the expression or the Maori Reserved Land Amendment Act 1998
21: Modified compensation payable in respect of certain leases
If the annual rent of the lease is, at the commencement of this Act, no longer determined at 21-year rent reviews or in accordance with section 34 Schedule 2
22: Compensation payable by the Crown
1: Compensation payable to a lessor or lessee under this Act must be paid by the Crown as soon as the amount of the compensation is determined in accordance with this Act.
2: Payments of compensation made under the Maori Reserved Land Amendment Act 1998 section 30 section CW 34(1)﻿(g) Subsection (2) inserted 16 March 1998 section 6 Maori Reserved Land Amendment Act 1998 Section 22(2) amended 1 April 2008 Income Tax Act 2007 Subsection (2) amended 1 April 2005 section YA 2 Income Tax Act 2004 by substituting the words section CW 28(1)﻿(g) of the Income Tax Act 2004 section CB 5(1)﻿(p) of the Income Tax Act 1994 (as added by section 31 of this Act)
23: Interest payable on compensation
1: Where the compensation to which a person is entitled under section 13 15 16 section 4
2: The interest paid under subsection (1) must be calculated in accordance with Schedule 2
3: Notwithstanding any other Act, agreement, or rules of court, the Crown, except as provided in subsections (1) (2) Subsection (1) amended 16 March 1998 section 6 Maori Reserved Land Amendment Act 1998 by substituting the words section 4 of the Maori Reserved Land Amendment Act 1998 section 18 Section 23(2) replaced 1 January 2018 section 29 Interest on Money Claims Act 2016
24: Claims under Treaty of Waitangi Act 1975 not precluded
Nothing in this Act or the Maori Reserved Land Amendment Act 1998 section 6 Section 24 amended 16 March 1998 section 6 Maori Reserved Land Amendment Act 1998 by inserting the words or the Maori Reserved Land Amendment Act 1998
4: Solatium payments to lessors and lessees and payments to lessors for purchase of leases
25: Solatium payments to lessors
1: The Crown must, out of public money, make solatium payments, on the basis of one payment per lease, irrespective of the number of lessors, to all persons who, on the commencement of this Act, are lessors of leases to which this Act applies.
2: The total amount of public money to be paid by way of solatium payments under subsection (1)
3: The solatium payments under this section recognise the justifiable but unquantifiable transaction costs that will be incurred by lessors as a result of the changes made by this Act to leases to which this Act applies.
4: The lessor, on the commencement of this Act, of a lease to which this Act applies is entitled to receive from the Crown by way of solatium in respect of that lease—
a: The sum of $500; plus
b: A pro rata percentage of such part of the sum of $2,000,000 as remains after provision has been made for the payments required by paragraph (a)
5: The pro rata percentage payable in respect of each lease is to be calculated on the basis of the unimproved value, as at 31 December 1995, of the land subject to the lease and of the land comprised in the leases specified, on the commencement of this Act, in Schedule 3
6: No amendment made to Schedule 3
7: Notwithstanding subsections (1) to (5) Schedule 3 Schedule 3
8: In this section, the term lessor Land Transfer Act 1952
9: This section is subject to section 14
26: Solatium payments to lessees
1: Subject to section 27
2: The total amount of public money to be paid by way of solatium payments under subsection (1)
3: The solatium payments under this section recognise the justifiable but unquantifiable transaction costs that will be incurred by lessees as a result of the changes made by this Act to leases to which this Act applies.
4: The lessee, on the commencement of this Act, of a lease to which this Act applies is (unless the lessee is the Crown or a Crown entity) entitled to receive from the Crown by way of solatium in respect of that lease—
a: The sum of $500; plus
b: A pro rata percentage of such part of the sum of $2,000,000 as remains after provision has been made for the payments required by paragraph (a)
5: The pro rata percentage payable in respect of each lease is to be calculated on the basis of the unimproved value (as at 31 December 1995) of the land subject to the lease and of the land comprised in the leases specified, on the commencement of this Act, in Schedule 3
6: No amendment made to Schedule 3
7: Notwithstanding subsections (1) to (5) Schedule 3 Schedule 3
8: In this section, the term lessee section 16(4)
9: This section is subject to section 3 Subsection (9) substituted 16 March 1998 section 6 Maori Reserved Land Amendment Act 1998
27: No solatium payable to the Crown or Crown entity
1: No solatium is payable under section 26
2: In this section and in section 26 the Crown Crown entity section 2
28: Payments to lessors for purchase of leases
1: The Crown must, out of public money, provide the lessors of leases to which this Act applies with additional money with which they may purchase the interests of lessees under those leases (as those interests become available for purchase) by making, on the basis of one payment per lease, irrespective of the number of lessors, payments (in this section called purchase money payments
2: The total amount of public money to be paid by way of purchase money payments under subsection (1)
3: The purchase money payments recognise that, in the case of leases to which this Act applies, lack of sufficient purchase money has been one of the major factors that has prevented lessors from purchasing the interests of lessees under those leases and that it is in the interests of both lessors and lessees that the Crown make a contribution towards the money that lessors may use for the purchase of such interests (as they become available).
4: The lessor, on the commencement of this Act, of a lease to which this Act applies is entitled to receive from the Crown, by way of a purchase money payment in respect of that lease, a pro rata percentage of the sum of $6,000,000.
5: The pro rata percentage payable in respect of each lease is to be calculated on the basis of the unimproved value, as at 31 December 1995, of the land subject to the lease and of the land comprised in the leases specified, on the commencement of this Act, in Schedule 3
6: No amendment made to Schedule 3
7: Notwithstanding subsections (1) to (5) Schedule 3 Schedule 3
8: In this section, the term lessor Land Transfer Act 1952
5: Miscellaneous provisions
29: Power to amend Schedule 3
1: The Governor-General may from time to time, by Order in Council, amend Schedule 3
a: Correcting any misdescription or error in that schedule:
b: Inserting a number or certificate of title that is not specified in that schedule:
c: Adding, on or before 30 June 1998, the details of any lease to which the principal Act applies and which have been omitted in error from that schedule.
2: An Order in Council may be made under subsection (1)﻿(c)
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 29(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
30: Goods and services tax
No payment made under this Act is to be treated, for the purposes of the Goods and Services Tax Act 1985
31: Amendment to Income Tax Act 1994
Section 31 repealed 1 April 2005 section YA 2 Income Tax Act 2004
32: Validation of valuations used for purpose of payment of compensation, etc
For the purposes of any payment made under this Act to a lessor or lessee, being a payment of compensation or a solatium payment under section 25 26 section 28
33: Consequential amendments to principal Act
The principal Act is amended in the manner set out in Schedule 4