Maori Vested Lands Administration Act 1954

1: Short Title
This Act may be cited as the Maori Vested Lands Administration Act 1954.
1: Preliminary
2: Interpretation
1: In this Act, unless the context otherwise requires,— capital value former lease former lessee improvements improvements effected by the lessee Land Valuation Tribunal Tribunal Land Valuation Proceedings Act 1948 the Land Valuation Tribunal the Tribunal lessee new lease Part 2 subsisting lease unimproved value Valuation Court High Court Land Valuation Proceedings Act 1948 value of improvements vested land
2: Where any work done or material used on or for the benefit of vested land by the Crown or by any statutory public body has been paid for by way of direct contribution from the owner or the lessee of the land, the increase in the value of the land shall not exceed the amount of the direct contribution aforesaid, and the onus of proving the amount of the contribution shall be upon the owner or the lessee, as the case may require. Section 2(1) Land Valuation Tribunal Tribunal inserted 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 2(1) Valuation Court replaced 1 April 1969 section 15 Land Valuation Proceedings Amendment Act 1968 Section 2(1) Valuation Court amended 15 August 1991 section 3(5) Judicature Amendment Act 1991
3: Application of this Act
1: All land which immediately prior to the commencement of this Act was vested in the Maori Trustee subject to the provisions of Part 14 or Part 15 of the Maori Land Act 1931
2: On the commencement of this Act, all vested land shall cease to be subject to any trusts theretofore applying to the land, and the land shall be administered and dealt with in accordance with the provisions of this Act.
4: Vested land to be held in trust for owners
All vested land shall be held by the Māori Trustee Section 4 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
4A: Alienation powers of equitable owners
1: The equitable owner of a freehold interest in vested land shall have power to deal with the interest in any of the following ways:
a: he may dispose of the interest by will:
b: he may sell the interest to the Māori Trustee section 41A section 128 of the Maori Affairs Amendment Act 1967
c:
d: he may agree to the vesting of the interest by order of the court under section 213 of the Maori Affairs Act 1953
i: in accordance with the provisions of subsection (4) of the said section 213; or
ii: to any other person having a beneficial freehold interest in the same land; or
iii: to his spouse, civil union partner, de facto partner, provided that for the purposes of this paragraph the illegitimacy of any person shall not be deemed to affect the natural blood relationship subsisting between him and any other person:
e: he may assign the interest by way of security in accordance with the provisions of section 4B section 151 of the Maori Affairs Amendment Act 1967
f: he may exercise in respect of the interest a vote on any proposal submitted to a meeting of the assembled owners of the land as provided by section 61
2: For the purposes of subsection (1) the term equitable owner Māori Trustee
3: Except as provided in this section, the equitable owner of a beneficial freehold interest in reserved land shall have no power to deal with his interest. Section 4A inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 4A(1)﻿(b) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 4A(1)﻿(c) repealed 10 October 1975 section 9(c) Maori Purposes Act 1975 Section 4A(1)﻿(d)﻿(iii) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 4A(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
4B: Security over vested land
1: An assignment by way of security of the equitable and beneficial freehold interest in vested land of any person may be effected by the registration in the Maori Land Court of a memorial of assignment in the prescribed form, executed by the owner of the interest as assignor.
2: On production of any such memorial and payment of the prescribed fee, the Registrar of the Maori Land Court shall register the same by making a note thereof in the court's records of equitable ownership of the vested land concerned.
3: The assignment of any interest as aforesaid shall vest in the assignee the right to receive during the currency of the assignment any money payable by the Māori Trustee
4: On written application by the assignee, and on payment of the prescribed fee, the Registrar shall cancel the entry in the court's records relating to any such assignment.
5: On application by the assignor, and on being satisfied that the obligation secured by the assignment has been duly met, the court shall direct the Registrar to cancel the entry relating to the assignment.
6: On application by the assignee, the court may by order vest in the assignee absolutely the assigned interest or such part of it as in the court's opinion is sufficient to discharge the obligation of the assignor to the assignee. Before making any order under this subsection, the court shall be satisfied as follows:
a: that reasonable notice of the hearing of the application has been given to the assignor or his representative; and
b: that notice requiring the assignor to remedy any default in meeting his obligation secured by the assignment and intimating an intention to proceed under this subsection failing remedy of the default by a date not less than 2 months after the date when the notice was served on the assignor or his representative, and the default has not been remedied.
7: The court may, with or without conditions, waive any requirement under subsection (6) for the service of any notice upon the assignor or his representative if it is satisfied that his whereabouts are unknown. Section 4B inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 4B(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
2: Rights in respect of subsisting leases
Compensation for improvements
5: Subsisting leases conferring right to compensation to be read subject to this Act
All subsisting leases conferring on the lessee the right to compensation for improvements shall be read and construed subject to the provisions of this Act.
6: Provisions in leases as to improvements
1: Subject to the provisions of this Act, every subsisting lease which confers on the lessee a right to compensation for improvements shall be deemed to confer on him a right to compensation for all improvements effected by the lessee: provided that the value of the improvements shall be ascertained in accordance with the provisions of this Act and not otherwise.
2: Nothing in this Part relating to any subsisting lease shall—
a: confer on any lessee a right to compensation for improvements where no such right is conferred by his lease:
b: nullify or affect any provision of any lease to the effect that an improvement of any particular kind or class is an improvement for which the lessee is not entitled to compensation or for which compensation shall not be paid:
c: confer on the lessee, where his lease contains any provision restricting the total amount of compensation to which the lessee shall be entitled, or a provision to the effect that the compensation shall not exceed a certain amount per acre, a right to a greater amount of compensation than that provided for in the lease:
d: nullify or affect any direction or order given or made by the Court of Review constituted under the Mortgagors and Lessees Rehabilitation Act 1936
7: Certain renewal leases to confer same compensation rights as original leases
Subject to any express provision in that behalf contained therein, any subsisting lease which purports to be a renewal of a lease granted under the Maori Lands Administration Act 1900 shall, subject to the provisions of this Act, confer on the lessee the same rights to compensation for improvements as were conferred upon the lessee by the lease purporting to be renewed.
8: Māori Trustee
1: Nothing in this Act shall be so construed as to limit or affect the right of the Māori Trustee Māori Trustee
2: Where any subsisting lease is subject to a mortgage, no arrangement or agreement for the settlement or discharge of the lessee's rights shall be made under this section without the consent of the mortgagee.
3: Nothing in this Act shall prejudicially affect any negotiations in progress at the commencement thereof for the sale and purchase of any vested land, and any such negotiations may be continued and completed as if this Act had not been passed. Section 8 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 8(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
9: Agreements for preservation of existing rights
1: Notwithstanding the provisions of this Act, any lessee holding under any subsisting lease which contains a provision conferring on him a right to compensation for improvements may, if his lease expires at any time before 1 April 1955 give notice in writing to the Maori Trustee at any time before 1 March 1955 to the effect that he elects to have his rights determined in accordance with the terms of his lease.
2: Any lessee holding under any such subsisting lease which expires after 31 March 1955 may give notice in writing to the Maori Trustee to the like effect at any time within 3 months prior to the date of the expiration of his lease: provided that the lessee shall not be required to give any notice under this subsection before 1 March 1955.
3: The Maori Trustee may, within the time prescribed in subsection (1) or subsection (2), as the case may require, give notice in writing to the lessee holding under any such subsisting lease that he requires the rights of the lessee to be determined in accordance with the terms of his lease.
4: Within 2 months after the date of the receipt by the Maori Trustee of any notice given to him by the lessee under subsection (1) or subsection (2), or within 2 months after the date of the receipt by the lessee of any notice given by the Maori Trustee under subsection (3), the Maori Trustee or the lessee shall, by notice in writing to the lessee or to the Maori Trustee, as the case may require, indicate whether or not he is agreeable to a determination of the lessee's rights in accordance with the terms of the lease. If the Maori Trustee or the lessee, as the case may require, fails to give notice in accordance with the provisions of this subsection within the time limited in that behalf, he shall be deemed to have agreed to a determination of the lessee's rights in accordance with the terms of his lease.
5: If, in accordance with the provisions of this section, the Maori Trustee and the lessee agree to a determination of the lessee's rights in accordance with his lease, the lessee's right to compensation shall be deemed to be extinguished unless within 6 months after the date of the expiration of his lease, or within such extended period, not exceeding 6 months, as the Maori Land Court may allow, the lessee has applied to the Maori Land Court for an order charging the amount of any unpaid compensation on the land and for the appointment of a receiver for the purpose of enforcing the charge.
6: The Maori Land Court shall have jurisdiction to make a charging order and to appoint a receiver under subsection (5) of this section, and the provisions of section 33 of the Maori Affairs Act 1953
7: Where, pursuant to the foregoing provisions of this section, the Maori Trustee and the lessee agree to a determination of the lessee's rights in accordance with his lease, any appointment of a valuer, arbitrator, or umpire theretofore made, or any valuation or arbitration theretofore completed or undertaken, or any order made by the Maori Land Court creating a charge on the land for the value of improvements or appointing a receiver, shall, notwithstanding that the lease may have been extended by statute or otherwise, and notwithstanding that the appointment, valuation, arbitration, or order was made before the commencement of this Act, subsist for the purpose for which it was made unless the Maori Trustee and the lessee otherwise agree. Where the Maori Trustee and the lessee otherwise agree, the appointment, valuation, arbitration, or order, as the case may require, shall become null and void, and the Maori Land Court, on application made to it in that behalf, may cancel any order made by it in the premises.
8: Before giving any notice to any lessee under subsection (3) or before making, under section 8
9: Where any subsisting lease is subject to a mortgage, no agreement for the determination of the lessee's rights in accordance with the terms of his lease shall be made under this section without the consent of the mortgagee.
10: Land Valuation Tribunal Where in respect of any subsisting lease any dispute arises between the lessee and the Māori Trustee Māori Trustee Land Valuation Tribunal that Tribunal Section 10 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 10 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 10 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Special valuations
11: Application for special valuation
1: The Valuer-General, on the application of the Māori Trustee
2: The Valuer-General, on the application of the Māori Trustee
3: Any application to the Valuer-General under this section shall set forth the name of the lessee, the area of the land comprised in the lease, a description of the land comprised in the lease, a description of any improvements in respect of which the lessee is not entitled to compensation under this Act, and the date of the expiry of the lease. Section 11(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 11(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
12: Valuation certificates to be prepared
1: On the completion of a special valuation under section 11
a: the name of the lessee:
b: the area of the land comprised in the lease, and a description of the land sufficient to identify it:
c: the total value of any improvements in respect of which the lessee is not entitled to compensation under this Act:
d: the total value of all other improvements in existence on the land:
e: the unimproved value of the land:
f: the capital value of the land:
g: the date of the expiry of the lease.
2: Every certificate prepared by the Valuer-General in accordance with the provisions of this section shall show on its face that it has been made for the purpose of this section.
13: General provisions as to valuations
1: In determining the capital value or the unimproved value of any land for the purposes of a special valuation under this Part, the Valuer-General shall proceed as if the land were not subject to any lease, or to the right of any person to obtain a lease thereof, but otherwise, and subject to the provisions of this Act, the Valuer-General shall proceed as if he were determining the values under the Valuation of Land Act 1951
2: In respect of any such special valuation, the sum of the amount of the unimproved value and the amount of the value of improvements shall always be equal to the amount of the capital value, and, in ascertaining the unimproved value or the value of improvements, the Valuer-General shall always relate those values to the capital value.
3: The fee fixed by the Valuer-General for making any special valuation as aforesaid shall be paid by the Māori Trustee Māori Trustee Section 13(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
14: Notice of valuations and rights of objection thereto
1: As soon as practicable after making any special valuation under section 11 Māori Trustee section 12 Māori Trustee
2: The Māori Trustee District Court
3: In every notice given by the Māori Trustee Māori Trustee District Court
4: If the lessee or the Māori Trustee Māori Trustee District Court
5: Every objection filed as aforesaid shall specify the several items to which the objection relates, and, with respect to each item, shall specify the grounds of the objection.
6: On the filing of any such objection by the lessee, the Registrar of the court shall forthwith give to the Māori Trustee Māori Trustee
7: For the purposes of this section, the expression appropriate office of the District Court section 2 Section 14(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(2) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 14(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 14(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(4) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 14(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 14(7) replaced 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 14(7) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
14A: Special valuations made on or after 1 July 1998
1: This section applies on and after 1 July 1998 to any case where—
a: this Act or any lease to which this Act applies requires or provides for any special valuation to be made; and
b: the Valuer-General has not made the valuation concerned before 1 July 1998;— and sections 11 to 14
2: In the case of any special valuation under this Act to which this section applies, the valuation is to be made not by the Valuer-General but by a registered valuer chosen in accordance with the following provisions:
a: the Māori Trustee section 70
i: nominate a registered valuer to conduct the valuation; and
ii: notify the lessee in writing of the name of the registered valuer:
b: if the lessee does not object to the registered valuer within 14 days after being notified of the nomination, that valuer may conduct the valuation:
c: if the lessee does object within 14 days after the notification, and no agreement as to who should conduct the valuation can be reached, the valuation is to be conducted by a registered valuer nominated by the President of the New Zealand Institute of Valuers. Section 14A inserted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 14A(2)﻿(a) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Resumption of land or grant of new lease
15: Notice to be given to lessee as to resumption of land, or requiring an election by lessee
1: If no objection is made to the special valuation within the period fixed by the Māori Trustee Māori Trustee
a: requiring the lessee, on a date to be specified in the notice, being a date not earlier than 1 year after the date of the notice, to deliver possession of the land comprised in the lease on terms that the Māori Trustee section 12
b: requiring the lessee, within 2 months after the date of the notice, to elect either to take a new lease of the land on the terms prescribed in that behalf by this Act or to have a new lease of the land submitted to public competition by public tender in accordance with the provisions of this Act.
2: The Māori Trustee Māori Trustee Section 15(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 15(1)﻿(a) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 15(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
16: Lessee to have limited right to occupy land, notwithstanding expiry of lease
1: Until the date fixed by the Māori Trustee section 15
2: Subject to the provisions of subsection (1), no lessee of land comprised in a subsisting lease shall remain in occupation of the land after the expiry of his lease, notwithstanding any provision of his lease conferring on him a right to hold over. Section 16(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 16(1) amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002
17: On delivery of possession,
Māori Trustee Where the Māori Trustee paragraph (a) of subsection (1) of section 15 Māori Trustee section 18 section 12 Section 17 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 17 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
18: Deduction for destroyed or depreciated improvements
Where, after the expiry of a subsisting lease and before delivery of possession of the land, any of the improvements for which the lessee is entitled to compensation have been destroyed or appreciably damaged or depreciated, or any other improvements on the land have been destroyed or appreciably damaged or depreciated, the value of the improvements so destroyed, or, as the case may be, the cost of repairing and restoring any improvements so damaged or depreciated, shall be determined by agreement between the Māori Trustee Land Valuation Tribunal Māori Trustee Section 18 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 18 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
19: Special provisions as to leases the terms of which have been extended by statute
1: The provisions of this section shall apply with respect to any subsisting lease the term whereof has been extended by virtue of the provisions of section 13 section 8 of the Maori Purposes Act 1950 section 9 section 6 section 29
2: Where the rent payable at the commencement of the term of any lease to which this section applies was reduced under the National Expenditure Adjustment Act 1932 Mortgagors and Lessees Rehabilitation Act 1936 Māori Trustee Māori Trustee
3: The date for the commencement of any new lease granted to the lessee holding under any lease to which this section applies shall be 1 July 1954.
4: Any such new lease granted as aforesaid may be registered under the Land Transfer Act 1952
5: The term of Lease Number 22716, Wellington Registry, affecting that portion of the Ohotu Number 8 Block containing 1 967 acres, more or less, and known as Sections 3, 4, and 5, Block IX, Karioi Survey District, shall, notwithstanding that the lease has expired, be deemed to have been extended by the provisions referred to in subsection (1), and the lease aforesaid shall, for the purposes of this Act, be deemed to be a subsisting lease. Section 19(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
20: Lessee to pay for lessor's improvements when electing to take new lease
In requiring a lessee to make the election referred to in paragraph (b) of subsection (1) of section 15 Māori Trustee Māori Trustee section 12 Section 20 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
21: Term of new lease
Every new lease shall be for a term of 21 years, and every such lease shall contain a provision that if the Māori Trustee Māori Trustee Māori Trustee Māori Trustee's Section 21 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
22: Minimum annual rent
1: For the purposes of this Act, the expression minimum annual rent minimum annual rent
2: For the purposes of this section, the expression rent reserved at the commencement of the term
3: Where for the purposes of this Act it is necessary to ascertain the minimum annual rent of any land which is part only of the land comprised in a lease, the Māori Trustee Māori Trustee Section 22(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
23: Annual rent where minimum rent reduced because of uncontrollable deterioration
Where, pursuant to the provisions of section 50 Land Valuation Tribunal section 22 Land Valuation Tribunal Section 23 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
24: Rent under new lease
1: Subject to the provisions of this Act, the annual rent payable under any new lease shall be:
a: for the first 10 years of the term, a sum equal to 5% of the unimproved value of the land as shown by the certificate of valuation prepared under section 12 provided that where the provisions of section 23
b: for the next 11 years of the term, a sum equal to 5% of the unimproved value of the land as shown by a special valuation to be made in that behalf by the Valuer-General, as at the end of the aforesaid period of 10 years: provided that the annual rent for the aforesaid period of 11 years shall not be less than the annual rent fixed at the commencement of the lease.
2: The annual rent payable under any lease which is a renewal of a new lease shall be:
a: for the first 10 years of the term, a sum equal to 5% of the unimproved value of the land as shown by a special valuation to be made in that behalf by a registered valuer provided that the annual rent for the aforesaid period of 10 years shall not be less than the annual rent fixed in respect of the preceding term of 11 years of the expired lease:
b: for the next 11 years of the term, a sum equal to 5% of the unimproved value of the land as shown by a special valuation to be made in that behalf by a registered valuer provided that the annual rent for the said period of 11 years shall not be less than the annual rent fixed at the commencement of the renewed term. Section 24(2)﻿(a) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 24(2)﻿(b) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
25: Valuations for revision of rent
1: Upon the making of any special valuation for the purposes of section 24 a registered valuer sections 12 to 14A
2: Any objection to any such valuation shall be heard and determined in manner hereinafter provided. Section 25(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
26: Lessee may require
Māori Trustee
1: Where the lessee has elected to take a new lease, in accordance with paragraph (b) of subsection (1) of section 15 Māori Trustee Māori Trustee Māori Trustee Land Valuation Tribunal section 50
2: If within the period in which he has been required to elect to take a new lease the lessee has not required the Māori Trustee Section 26 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 26(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 26(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 26(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
27: Provision as to compensation for improvements
1: Every new lease and every renewal thereof shall contain a provision to the effect that, due notice of his intention to resume possession of the land having been given by the Māori Trustee section 21 a registered valuer
2: The provisions of section 18 Section 27(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 27(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
28: Valuations for purposes of determining compensation
Every valuation made for the purposes of section 27 section 11 sections 12 to 14A Section 28 amended 1 July 1998 section 54(1) Rating Valuations Act 1998
29: Reservation of rights to timber trees
1: Every new lease may, in the discretion of the Māori Trustee
2: Nothing in any new lease reserving rights in respect of timber or timber trees shall apply to any timber trees planted by the lessee or by any former lessee or to any timber derived from timber trees so planted.
3: Notwithstanding the provisions of this Act, or of any new lease, the Māori Trustee
4: Every new lease in which any rights in respect of timber or timber trees are reserved to the Māori Trustee Māori Trustee Māori Trustee
5: Notwithstanding that in any new lease or renewal thereof the Māori Trustee Māori Trustee
6: Nothing in this section, or in any reservation contained in any new lease, shall be so construed as to prevent the Māori Trustee Māori Trustee Section 29(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 29(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 29(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 29(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 29(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
30: Assignment of leases
1: Every new lease, and every renewal thereof, shall contain a provision to the effect that where the lessee desires to assign his lease, whether in whole or in part, he shall first offer to surrender the lease, in whole or in part, to the Māori Trustee Māori Trustee Māori Trustee
2: Nothing in any provision in any lease under subsection (1) shall apply to any assignment as between spouses , or between civil union partners or de facto partners, Section 30(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 30(2) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 30(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
31: Form of new lease
1: Every new lease shall be in the form prescribed in Schedule 1 provided that the form may, in the discretion of the Māori Trustee
2: Every new lease shall be deemed to be subject to all existing encumbrances, liens, and interests (if any) registered against any prior lease of the vested land concerned to the lessee to whom a new lease is granted and, notwithstanding anything contained in the Land Transfer Act 1952
3: Nothing in the Land Settlement Promotion and Land Acquisition section 32 section 33 Section 31(1) proviso amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 31(3) amended 19 December 1968 Land Settlement Promotion and Land Acquisition Amendment Act 1968
32: Procedure where lessee does not accept new lease or renewal of a lease
1: Where the lessee elects not to accept a new lease or fails to execute a memorandum of lease within 1 month after the memorandum is tendered to him for the purpose, the right to a new lease of the land shall, as soon as practicable, be submitted to public competition by public tender, subject to the following terms and conditions:
a: the upset rent shall be the rent at which a new lease was offered to the lessee:
b: the amount of the upset rent, and the value of improvements as fixed by the special valuation under section 11
c: the outgoing lessee shall be entitled to tender:
d: the highest tender (being not less than the upset rent) shall be accepted:
e: the successful tenderer, not being the outgoing lessee, shall, within 7 days after notice has been given to him that he has been declared the purchaser of the aforesaid right, pay to the Māori Trustee
f: except in cases where the outgoing lessee is the purchaser, the Māori Trustee
g: except in cases where the outgoing lessee is the purchaser, if any of the said improvements have been destroyed or appreciably damaged or depreciated, the value of the improvements so destroyed or, as the case may be, the cost of repairing or restoring any improvements so damaged or depreciated shall be determined by agreement between the Māori Trustee Land Valuation Tribunal Māori Trustee Māori Trustee Māori Trustee
2: Where the lessee holding under a new lease, or under a renewal of a new lease, elects not to take a renewal of his lease or a further renewal thereof, the Māori Trustee a registered valuer sections 33 34
3: In respect of any valuation made for the purposes of subsection (2) there shall subsist a right of objection and the provisions of section 14 Section 32(1)﻿(e) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 32(1)﻿(f) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 32(1)﻿(g) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 32(1)﻿(g) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 32(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 32(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
33: Procedure where right to new lease not purchased
1: If the right to a new lease is not purchased under section 32 Māori Trustee Māori Trustee Māori Trustee section 32
2: Where a right to a new lease has been submitted to public competition by public tender under this section, and the amount received by the Māori Trustee Māori Trustee section 32 Section 33(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 33(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
34: Date of commencement of new lease when offered for public competition
In offering for public competition the right to a new lease, the Māori Trustee Section 34 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Jurisdiction of Land Valuation Tribunal Heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
35: Commencement of proceedings under section 10
1: Every proceeding in the Land Valuation Tribunal section 10 appropriate office of the District Court section 2
2: Every such notice of motion shall be accompanied by a statement of the material facts, specifying those relied upon by the party giving the notice of motion and setting forth the nature of the declaration sought from the Land Valuation Tribunal Section 35(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 35(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 35(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
36: Service of notices
A duplicate of the notice of motion and of the statement required by section 35 Māori Trustee Māori Trustee Section 36 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
37: Statements in answer
1: The party upon whom notice of motion is served shall, within 2 months from the date upon which the notice was served on him, lodge with the District Court
2: Every such statement filed in answer shall be verified in manner prescribed by subsection (2) of section 35 Section 37(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 37(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
38: Evidence as to other matters to be brought only by leave
No party to any proceedings aforesaid shall, except with the leave of the Land Valuation Tribunal the Land Valuation Tribunal Section 38 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
39: Proceedings to be determined by
Land Valuation Tribunal All such proceedings shall be heard and determined by the Land Valuation Tribunal Section 39 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 39 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
40: Proceedings in relation to destroyed or damaged improvements
1: Any proceeding brought under section 18 section 32 Tribunal Tribunal
2: Any such proceeding shall be commenced by the filing of a notice of motion by the Māori Trustee Māori Trustee Māori Trustee subsection (2) of section 35 Section 40(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 40(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
41: Objections to valuations to be determined by
Land Valuation Tribunal All objections to valuations made pursuant to any of the provisions of this Act shall be heard and determined in the Land Valuation Tribunal Section 41 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 41 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
42: Hearing and determinations of objections
1: In hearing and determining any objection, the Land Valuation Tribunal Valuation of Land Act 1951
2: If on the hearing of any objection, the Land Valuation Tribunal Section 42(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 42(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
43: Notification of amendments
The Registrar of the District Court the registered valuer who conducted the valuation Māori Trustee Tribunal Tribunal Māori Trustee section 44 Tribunal Section 43 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 43 amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 43 amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 43 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
44: Appeal to Land Valuation Court from
Tribunal
1: Within 2 months after the date of the receipt of the notice given under section 43 Māori Trustee Tribunal
2: Every such appeal shall be by way of rehearing. Section 44 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 44(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 44(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
45: Appeals by notice of motion
1: Every appeal to the Valuation Court shall be brought by notice of motion filed in the office of the District Court
2: Where the appeal is from part only of the Tribunal's Section 45(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 45(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
46: Service of notice of motion
A copy of the notice of motion shall be served by the lessee on the Māori Trustee Māori Trustee Māori Trustee the registered valuer who conducted the valuation Section 46 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 46 amended 1 July 1998 section 54(1) Rating Valuations Act 1998
47: Cross appeals
1: It shall not be necessary for the Māori Trustee Māori Trustee Tribunal
2: The omission to give any such notice within a reasonable time shall not diminish the powers of the Valuation Court, but may, at the discretion of the court, be a ground for the adjournment of the appeal or for a special order as to costs. Section 47(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 47(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
48: Chairman of
Tribunal
1: Upon the filing of a notice of motion on appeal under this Act, the Chairman of the Land Valuation Tribunal Tribunal Tribunal's
2: A copy of any report so prepared shall be transmitted by the Registrar of the Valuation Court to the Māori Trustee the registered valuer who conducted the valuation Section 48 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 48(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 48(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 48(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998
49: Court may confirm determination or make alterations in valuation
1: On the hearing of any appeal under this Act, the Valuation Court may confirm the determination appealed against or may make such alterations in the valuation as it thinks proper.
2: Where the Valuation Court makes any alteration in a valuation, it shall make all such consequential amendments as are necessary for the purpose of fixing the capital and unimproved values and the value of improvements.
3: The provisions of section 43 Māori Trustee Section 49(3) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
50: Determination as to uncontrollable deterioration
1: Any reference of any question to the Valuation Court made under section 26 Māori Trustee
2: Every such application shall be heard and determined by the Land Valuation Tribunal, and the Tribunal
3: For the purpose of any determination under this section, the Land Valuation Tribunal the Land Valuation Tribunal provided that, in fixing the amount to represent the deterioration in the quality of the land, the Land Valuation Tribunal
4: In any proceedings under this section, the onus of proving that the quality of the land has deteriorated through causes not reasonably within the control of the lessee or any former lessee, and the extent of that deterioration, shall be on the lessee. Section 50(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 50(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 50(3) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 50(3) proviso amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
51: Costs
The Land Valuation Tribunal Section 51 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
52: Ordinary practice and procedure to apply
Subject to the foregoing provisions of this Act, the practice and procedure of the Land Valuation Tribunal Land Valuation Proceedings Section 52 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 52 amended 1 April 1969 section 3(3) Land Valuation Proceedings Amendment Act 1968
53: Valuer-General's right of audience
1: In any proceedings commenced before 1 July 1998 and Land Valuation Tribunal
2: Any expenses incurred by the Valuer-General in respect of any proceedings under this Act in the Land Valuation Tribunal Section 53(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 53(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 53(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977
54: Land Valuation Court to have exclusive jurisdiction
Subject to the provisions of this Act, no proceedings in respect of any matter, provision for the hearing and determination of which is made by this Act, shall be brought otherwise than before a Land Valuation Tribunal section 18 Land Valuation Proceedings Act 1948 Section 54 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 54 amended 1 April 1969 section 3(3) Land Valuation Proceedings Amendment Act 1968
3: Miscellaneous
55: Disposition of rent paid to
Māori
1: The rent payable under any lease granted by the Māori Trustee Māori Trustee
2: Where any such lease contains any provision for the payment of compensation for improvements, the Māori Trustee Māori Trustee section 20 section 26
3: The disposition, by operation of law or otherwise, of the interest of the owner of any undivided share in the land in respect of which a fund to provide for the payment to the lessee of compensation for improvements is held by the Māori Trustee Section 55 heading amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 55(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 55(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 55(3) inserted 1 December 1961 section 18 Maori Purposes Act 1961 Section 55(3) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009
56: Money for payment of compensation
1: Any compensation payable to the lessee under his lease and the provisions of this Act shall be paid by the Māori Trustee section 55
2: If the money so arising exceeds the amount payable to the lessee, the Māori Trustee
3: If the money arising as aforesaid or money otherwise available is insufficient to pay the lessee the amount to which he is entitled, the Māori Trustee Māori Trustee Māori Trustee section 49
4: For the purposes of paying compensation for improvements in accordance with this Act or any lease granted thereunder, the Māori Trustee Section 56(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 56(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 56(3) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 56(4) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009
57: Provisions of this Act to apply to leases of certain other lands
1: The provisions of this Act shall extend and apply to any lease containing provision for the payment of compensation for improvements and which is subsisting at the commencement of this Act in respect of land which was subject to the provisions of Part 14 or Part 15 of the Maori Land Act 1931 or the corresponding provisions of any former Act, but which has been revested in the beneficial owners thereof.
2: The provisions of this Act shall extend and apply to any lease containing provision for the payment of compensation for improvements which was granted in accordance with the provisions of Part 16 of the Maori Land Act 1931, or the corresponding provisions of any former Act, and which is subsisting at the commencement of this Act.
58: Māori Trustee In respect of any land which is subject to any lease to which section 57 Māori Trustee Māori Trustee Māori Trustee's Section 58 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 58 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
59: Contiguous lands held in 1 farm
1: The provisions of this section shall apply in any case where any lessee holds land under 2 or more subsisting leases.
2: Where the Māori Trustee Māori Trustee
3: For the purposes of this section lands shall be deemed to be contiguous notwithstanding that they are separated by a road, street, railway, river, or stream. Section 59(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
60: Māori Trustee Where any land which is subject to this Act is not subject to any lease or licence, the Māori Trustee Section 60 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 60 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
61: Māori Trustee
1: Notwithstanding the provisions of this Act, but subject to subsection (2), the Māori Trustee Māori Trustee
2: Where any vested land is subject to a lease, no sale to a person other than the lessee shall be effected by the Māori Trustee Māori Trustee
3: The provisions of subsection (2) shall extend and apply to the sale of any vested land which is subject to a lease and which is, pursuant to the provisions of section 70
4: Subject to the provisions of subsection (2), any sale by the Māori Trustee Māori Trustee
5: Where any such sale is effected in pursuance of a resolution of the assembled owners, all the provisions of Part 23 of the Maori Affairs Act 1953 shall with the necessary modifications, apply thereto.
6: Nothing in this section shall be so construed as to take away or affect the right of the assembled owners under Part 23 of the Maori Affairs Act 1953 to pass in respect of any vested land any resolution authorised by that Part. Section 61 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 61(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 61(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 61(4) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
61A: Sale of vested land to lessees
Section 61A repealed 10 October 1975 section 9(c) Maori Purposes Act 1975
62: Māori Trustee Notwithstanding anything to the contrary in this Act, the Māori Trustee Section 62 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 62 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
63: Māori Trustee
1: Subject to the terms of any lease affecting the land, the Māori Trustee
2: Every such licence shall be for such period not exceeding, together with any renewal to which the licensee is entitled, a term of 10 years, and may be granted on such conditions and in consideration of such payments by way of royalty or otherwise, as the Māori Trustee Māori Trustee
3: Any such licence may be granted either by way of public auction or public tender or by way of private contract. Section 63 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 63(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 63(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
64: Māori
1: Instead of leasing any vested land, the Māori Trustee
2: All revenue derived from any such farming operations conducted by the Māori Trustee Māori Trustee Māori Trustee Māori Trustee
3: All expenses and liabilities incurred by the Māori Trustee Māori Trustee Māori Trustee
4: The Māori Trustee subsection (3)
5: The Māori Trustee Māori Trustee
6: With the consent of the Board of Maori Affairs, the Māori Trustee Māori Trustee Māori Trustee section 49 Section 64 heading amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(3) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(4) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(5) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 64(6) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009
65: Māori Trustee For the purpose of acquiring land for any road which is required in connection with any vested land, the Māori Trustee Section 65 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 65 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
66: Record of improvements
1: Where any lessee makes, or proposes to make, any improvements in respect of which he will be entitled to compensation in terms of his lease, he shall be entitled, on application to the Māori Trustee Māori Trustee
2: Every record made under this section shall be retained by the Māori Trustee Section 66(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 66(2) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
67: Māori Trustee The Māori Trustee Section 67 heading amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 67 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
68: Costs of lease or licence
The costs of the preparation, execution, stamping, and registration of every lease or licence under this Act shall be borne and paid by the lessee or licensee, as the case may be.
69: Service of notices
1: Any notice that may be required to be given to any person for the purposes of this Act may be given by delivering it to him personally or may be given by sending it to him by registered letter addressed to him at his last known place of abode or business in New Zealand. Notice given by registered letter shall be deemed to have been received when in the ordinary course of post it would be delivered.
2: Where any such notice has been given by the agent of a person required to give that notice, service of any subsequent notice required to be given by the person on whom the original notice was served may be effected by serving the notice in manner aforesaid on that agent.
3: Service of any notice may be effected in manner aforesaid on the personal representative of any deceased person.
70: Revesting of land subject to this Act
1: Upon application by the Māori Trustee Māori Trustee Māori Trustee
2: The Maori Land Court may partition the land among the owners for the purpose of giving effect to any such revesting.
3: The District Land Registrar may register any order made by the Maori Land Court under subsection (1) against the relative title without requiring the production of the outstanding certificate of title, and may cancel the certificate of title for the land as to the whole or a part, as the case may require, and issue a new certificate of title for the estate and to the persons named in the order of the Maori Land Court, subject to any existing valid leases, licences, mortgages, or charges.
4: If, when any such order is received by the District Land Registrar, the title to the land affected has not already been registered, the order shall be embodied in the provisional register as a folium thereof, and all the provisions of the Land Transfer Act 1952 provided that if any instrument granted by the Māori Trustee Māori Trustee
5: Where the land to which any such order relates is affected by any instrument of alienation executed by the Māori Trustee Māori Trustee Māori Trustee
6: Subject to the provisions of subsection (5), the rights, duties, and obligations of the Māori Trustee Māori Trustee Section 70(1) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 70(4) proviso amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 70(5) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009 Section 70(6) inserted 27 November 1970 section 17 Maori Purposes Act 1970 Section 70(6) amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
71: Former lessee not relieved of liability for breaches of covenant
Nothing in this Act or in any lease granted under this Act shall relieve the lessee of any liability in respect of the breach of any of the terms, covenants, and conditions of any subsisting lease, and the Māori Trustee Section 71 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
72: Land subject to Part 16 of Maori Land Act 1931 no longer so subject
1: All land which, immediately prior to the commencement of this Act, is subject to the provisions of Part 16 of the Maori Land Act 1931 shall, on the commencement of this Act, cease to be so subject, and the District Land Registrar is hereby authorised and directed to cancel any memorial on any certificate of title to the effect that the land comprised therein is subject to the said Part 16 or the corresponding provisions of any former Act.
2: The rights, powers, functions, and duties conferred on the Maori Trustee by any lease shall not be affected by reason of the land to which the lease relates ceasing, under the provisions of subsection (1), to be subject to Part 16 of the Maori Land Act 1931.
73: Protection of leases of Otiranui Nos 2 and 3
Nothing in Parts 1 2
74: Validation of leases granted by former Maori Land Boards
All leases hitherto granted by any former Maori Land Board in respect of any land which became vested in it under Part 14 or Part 15 of the Maori Land Act 1931, or the corresponding provisions of any former enactment shall, notwithstanding the terms of the lease or the terms of any trust instrument, be deemed for all purposes to have been lawfully and validly granted.
75: Restrictions on removal of timber by lessees
No lessee under any lease to which section 19 Māori Trustee provided that nothing in this section shall be construed to prevent or restrict any lessee, during the subsistence of his lease, from cutting or removing, or authorising the cutting or removal of any timber trees planted by the lessee or by any former lessee, or of any timber derived from any timber trees so planted. Section 75 replaced 28 October 1955 section 11(1) Maori Purposes Act 1955 Section 75 amended 1 July 2009 section 30(2)﻿(a) Māori Trustee Amendment Act 2009
76: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as may be contemplated by this Act or as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.
2: Regulations under this section are secondary legislation ( see Part 3
2: 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 76(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 76(2) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
77: Repeals
The enactments specified in Schedule 2