New Zealand Māori Arts and Crafts Institute Vesting Act 2020

1: Title
This Act is the New Zealand Māori Arts and Crafts Institute Vesting Act 2020.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Interpretation
In this Act, unless the context otherwise requires,— Act New Zealand Maori Arts and Crafts Institute Act 1963 assets and liabilities
a: means the assets and liabilities owned, controlled, held, or owed, wholly or in part, immediately before the commencement of this Act, by the NZMACI; and
b: includes—
i: all assets of any kind, whether in the form of real or personal property, money, shares, securities, rights, or interests; and
ii: all liabilities, including debts, charges, duties, contracts, or other obligations (whether present, future, actual, contingent, payable, or to be observed or performed in New Zealand or elsewhere) Auditor-General section 4 balance date section 41 business day
a: a Saturday or Sunday; or
b: Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
c: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday; or
d: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; or
e: the day observed as Anniversary Day in Auckland capital contribution section 37(1) company section 2(1) Crown section 2(1) dispose of Eligible Voter financial year
a: means a year ending on its balance date; and
b: includes a longer or shorter period if, as a result of the registration of the Partnership as a limited partnership or a change of balance date, the period ending on the balance date is longer or shorter than a year HTK Te Puia Trust Joint Trust Joint Trustees member
a: means a person appointed as a member of the NZMACI under section 5 7(3)
b: includes any of the following, if appointed under section 8 9 10
i: the chairperson and deputy chairperson; and
ii: any deputy for a member Minister Ngāti Whakaue parties section 4 NZMACI section 4 NZMACI taonga Schedule 2 ownership interest
a: in relation to a limited partnership, each capital contribution and partnership interest in the limited partnership; and
b: in relation to a company, each share in the company; and
c: in relation to a body corporate other than a limited partnership or a company, each interest in the body corporate that is comparable with the interests granted by a share in a company partners of the Partnership partners
a: Wahiao Tuhourangi o Whakarewarewa Trust; and
b: HTK Te Puia Trust; and
c: Pukeroa Oruawhata Trust Partnership section 51 partnership interest section 38(1) Pukeroa Oruawhata Trust Part 12 reorganisation of the NZMACI section 7 section 8 Southern Arikikapakapa Reserve Schedule 1 Tūhourangi
a: the individuals who are the descendants of the ancestor known as Tūhourangi and principally associated with the district of Lake Tarawera; and
b: the collective of those individuals Tūhourangi o Whakarewarewa
a: the individuals who are members of Tūhourangi enrolled as Eligible Voters under rule B3(c) of Schedule B of the Wahiao Tuhourangi o Whakarewarewa Trust deed; and
b: the collective of those individuals vesting date Wahiao
a: are descendants of any member of 3 hapū, Ngāti Hinganoa, Ngāti Tukiterangi, and Ngāti Huarere, named in Schedule A of the Wahiao Tuhourangi o Whakarewarewa Trust deed; and
b: were named in the lists of the members of those hapū produced in evidence to the Native Land Court in 1883 by Mita Taupopoki (but referred to there as Ngātihinganoa, Ngātitukiterangi, and Ngātihuarere) Wahiao Tuhourangi o Whakarewarewa Wahiao Tuhourangi o Whakarewarewa Trust Whakarewarewa lease Whakarewarewa Thermal Springs Reserve Schedule 1 Whakarewarewa Valley Land Section 3 business day amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
4: Ngāti Whakaue parties
1: In this Act, Ngāti Whakaue parties
a: the trustees of the HTK Te Puia Trust, as representatives of the collective group comprising individuals descended from 1 or more of the owners listed under one of the following 3 hapū groups referred to collectively in relation to the Whakarewarewa No 3 Block (originally comprising the Roto-a-Tamaheke Reserve and the Whakarewarewa Thermal Springs Reserve) in the Native Land Court decision of 24 October 1893, 28 ROT 124–166:
i: Ngāti Hurungaterangi:
ii: Ngāti Taeotū:
iii: Ngāti Te Kahu o Ngāti Whakaue; and
b: the trustees of the Pukeroa Oruawhata Trust, as representatives of the collective group comprising individuals descended from 1 or more of the 295 owners listed by hapū in relation to the Pukeroa Oruawhata Block in the Native Land Court decision of 27 April 1882, 1 ROT 34–347, 1 ROT 348–355, and 4 ROT 8–23.
2: In this section, descended
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Reorganisation of NZMACI
7: Vesting
1: On the vesting date, the assets and liabilities of the NZMACI—
a: vest in the Partnership and become the assets and liabilities of the Partnership; and
b: to the extent that those assets and liabilities are owned or held subject to any charitable trusts, are freed of all charitable trusts.
2: However, those assets and liabilities remain subject to any other trusts, covenants, or conditions affecting them.
8: Dissolution
1: The NZMACI is dissolved on the vesting date, and on that date each member of the NZMACI ceases to hold office.
2: No member of the NZMACI is entitled to compensation for his or her loss of office under this section.
9: Matters not affected by vesting and dissolution
1: The vesting of the assets and liabilities of the NZMACI by section 7 section 8
a: place a person in breach of contract, in breach of trust, or in breach of confidence, or otherwise make a person guilty of any civil wrong:
b: entitle a person to exercise any relevant right:
c: release a surety wholly or in part from any obligation:
d: invalidate or discharge any contract or security.
2: In this section, a relevant right
a: terminate, cancel, or modify a contract, agreement, or arrangement:
b: enforce or accelerate the performance of an obligation:
c: require the performance of an obligation not otherwise arising for performance. Role of Partnership in relation to certain matters
10: NZMACI taonga inalienable
1: After the vesting of the assets and liabilities of the NZMACI by section 7
2: A purported disposal of an NZMACI taonga is void and of no effect.
11: Functions and powers of NZMACI continued
1: The Partnership must continue to perform the functions and exercise the powers of the NZMACI to—
a: encourage, foster, and promote ahurea and toi Māori (culture and Māori arts) of New Zealand; and
b: provide training for the iwi of New Zealand, including in whakairo rākau (carving) and raranga (weaving); and
c: make grants to enable persons to study, train, and gain experience in creating Māori arts and crafts or any other matter approved by the Partnership; and
d: confer diplomas or certificates on persons who have undertaken training or gained qualifications in Māori arts and crafts or Māori culture generally; and
e: provide and support demonstrations, exhibitions, and tours of toi Māori and toi whakaari Māori (performing arts) of New Zealand; and
f: provide for the sustainable development of scenic and tourist attractions in the Rotorua district and elsewhere.
2: The functions referred to in subsection (1)
3: The Partnership has all the powers, rights, and authorities reasonably necessary to enable it to carry out its functions. Administrative matters
12: Crown appointment to board of general partner of Partnership
1: The provisions of this section apply for 6 years from the date of the vesting of the NZMACI assets and liabilities by section 7(1)
2: The Crown must appoint 1 director of the board of the general partner of the Partnership.
3: The Crown may remove and replace that director.
4: The director appointed under subsection (2)
5: Despite the provisions of the Companies Act 1993 subsection (2) section 11(1)
6: In this section, general partner sections 8(1) 19
13: Reporting on performance of functions
1: The Partnership must, not later than 4 months after the end of each financial year,—
a: make accessible on an Internet site, free of charge, a written report that—
i: identifies the activities undertaken or funded during the financial year to satisfy the requirements of section 11(1)
ii: calculates its direct expenditure on, and funding provided for, those activities during that financial year as a proportion of the revenue (if any) received as admission income for the Whakarewarewa Valley Land; and
b: make a copy of the written report available upon request at the offices of the Partnership during normal business hours.
2: In this section, admission income Admission Income
14: Board must approve major transactions
1: The Partnership must not enter into a major transaction unless the board of directors of the general partner of the Partnership, by unanimous resolution, approves the transaction before it is entered into.
2: In this section, major transaction
a: the acquisition of, or an agreement to acquire, assets (contingently or otherwise) whose value is more than 30% of the value of the assets of the Partnership immediately before the acquisition; or
b: the disposition of, or an agreement to dispose of, assets (contingently or otherwise) whose value is more than 30% of the value of the assets of the Partnership immediately before the disposition; or
c: a transaction that has, or is likely to have, the effect of the Partnership acquiring rights or interests, or incurring liabilities or obligations (whether contingent or otherwise), whose value is more than 30% of the value of the assets of the Partnership immediately before the transaction.
15: Land and other registers to be changed
On the written application of a person authorised for the purpose by the Partnership,—
a: the Registrar-General of Land is authorised and directed to make entries in the registers under the Land Transfer Act 2017
b: the person responsible for keeping any other register that refers to the assets or liabilities of the NZMACI must substitute a reference to the Partnership for a reference to the NZMACI.
3: Repeal and savings provisions
16: New Zealand Maori Arts and Crafts Institute Act 1963: repeal and savings
1: The New Zealand Maori Arts and Crafts Institute Act 1963
2: However, section 27 2020-07-25 New Zealand Maori Arts and Crafts Institute Act 1963
17: Consequential amendments
In each of the following provisions, repeal the item relating to the NZMACI:
a: Part 2
b: Part 2
c: Schedule 2
d: Part 2 2020-07-25 Local Authorities (Members’ Interests) Act 1968 Ombudsmen Act 1975 Public Audit Act 2001 Public Bodies Contracts Act 1959