1967, No. 124 Maori Affairs Amendment 811

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1 1967, No. 124 Maori Affairs Amendment 811 Title 1. Short Title and commencement PART I STATUS OF MAORI LAND 2. Interpretation 3. Application of this Part 4. Inquiries by Registrar 5. Provisions where no sufficient plan prepared 6. Registrar may issue declaration of change of status 7. Effect of declaration upon registration 8. Effect on existing encumbrances 9. Certificate as to rates 10. Interest of deceased owner 11. Registrar to notify owners of change of status 12. Provision as to registration under Joint Family Homes Act Provision as to land tax 14. Repeals PART 11 PROMOTION OF BETTER USE AND ADMINISTRATION OF MAORI LAND 15. Main purpose of this Part 16. Secretary may institute investigation of land 17. Determination by Improvement Officer of necessary action 18. Action to be taken accordingly including applications to Court 19. How applications to Court are to be dealt with PART III AMENDMENTS TO PRINCIPAL ACT RELATING TO PARTITION AND PLANNING 20. Planning provisions to apply to partitions 21. Planning provisions to apply to consolidation schemes B-2 ANALYSIS 22. Planning provisions to apply to roadways 23. Partition of land in counties to comply with Part II of Counties Amendment Act 1961 as to subdivisions PART IV MAORI INCORPORATIONS 24. Commencement of this Part 25. Interpretation 26. Owners of Maori land may be incorporated 27. Objects of Incorporation 28. Modification of objects of incorporation 29. Court may incorporate owners 30. Terms of order 31. Effect of order of incorporation 32. Shareholders of incorporation 33. Incorporations may adjust share holding 34. Minimum share unit 35. Resumption of shares 36. Resumption of remainder shares 37. Amendment of share total 38. Nature and method of transfer of shares 39. Vesting shares of deceased shareholder without requiring probate or letters of administration 40. Resolutions restricting the sale of shares 41. To whom shares may be transferred 42. Form, custody, and use of seal 43. General powers of incorporation 44. Incorporations may be amalgamated 45. Inclusion in incorporation of owners of additional Maori land 46. Application of revenues of incorporation 47. Unclaimed dividends 48. Incorporation's powers to deal with assets

2 812 Maori Affairs Amendment 1967, No Borrowing powers of incorporation 50. Incorporation may acquire land 51. Incorporation may acquire certain &hares 52. Appointment of members of committee of management 53. Qualification, disqualification, and removal of members 54. Term of office and retirement of members 55. Election of Chairman of committee and appointment of Secretary 56. Validity of order of appointment 57. Committee of management to exercise powers of incorporation 58. Accounts and balance sheet 59. Appointment and duties of auditor 60. Appointment of share valuer 61. Investigation of incorporation's affairs 62. Expenses and remuneration of members of committee General Meetings of Shareholders 63. Conduct of meetings of shareholders 64. Register of Maori incorporations 65. Winding up of incorporation 66. Penalties for non-compliance with statutory provisions relating to Maori incorporations 67. Incorporations in default with accounts to be deregistered but may be reinstated 68. Registered bodies corporate under principal Act to become incorporations under this Act 69. Notice to District Land Registrar of incorporations affected 70. Notification to public and officers of incorporation 71. Encumbrances 72. Provisions as to tax 73. Repeals PART V WILLS AND SUCCESSION 74. Interpretation 75. Interpretation of wills 76. Succession to Maori on intestacy 77. Maori land to vest ill administrator and be available for debts 78. Land interests to be subject to estate duty 79. Probate jurisdiction to revert to Supreme Court 80. Family protection jurisdiction 81. Transmission to administrator or interests in Maori land 82. Sale of undivided interests in Maori land by administrator 83. Transmission to administrator, etc. 84. Interests of owners of Maori land deceased before commencement of Act, to vest in Maori Trustee on 1 April Evidence of death 86. Succession to shareholders in incorporation deceased before first day of April, nineteen hundred and sixty-eight 87. Part XII and certain provisions of Part XI of principal Act not to apply on and after 1 April Consequential amendments to principal Act 89. Consequential amendments to other enactments PART VI PROVISIONS RELATING TO ALIENATIONS 90. Vesting orders transferring interests in land 91. Conveyance duty on vesting orders 92. Restriction on alienation of land owned by more than ten owners 93. Alienation of equitable interests 94. Repeal of provisions relating to disposition of revenues and sale of timber 95. Dispostion of life estate 96. Alienations by trustees 97. New sections inserted 222. Execution of instruments 222A. Rectification of instruments 98. Confirmation limited to transfers 99. Consequential amendments 100. New sections inserted 227. Conditions of confirmation 227 A. Consideration for alienation 227B. Purchase money to be paid to Maori Trustee 101. Special valuation for confirmation purposes 102. Modification of terms of alienation 103. Protection of tenant 104. Proceeds of alienation to be paid to Maori Trustee 105. Confirmation as of right 106. Instruments to be produced to Registrar 107. Leases where land owned in corn mon 108. Term of leases of Maori land 109. Compensation provisions 110. Valuation for compensation purposes I11 Compensation fund from rents 112. Record of improvements 113. Savings provision 114. Part not to apply to Maori incorporations 115. Money in hands of Maori Trustee 116. New sections inserted 318. Confirmation of resolutions for alienation of land 318A. Modification in favour of owners 318B. Leases with compensation provisions

3 1967, No. 124 Maori Affairs Amendment New sections inserted 325A. Proceeds of alienation 325B. Payment of compensation New lease where compensation not satisfied 118. Consequential repeals PART VII PROVISIONS RELATING TO CONVERSION Amendments to Maon Affairs Act 1953 in Respect of Conversion Fund 119. Uneconomic interests 120. Payment for interests vested in Maori Trustee 121. Vested and reserved land excluded from operation of Part XIII 122. Payments to Conversion Fund from Consolidated Revenue Account 123. Costs of survey may be paid from Conversion Fund 124. Maori Trustee may acquire uneconomic interests during exercise of Court's jurisdiction in certain cases 125. Disposition of interests acquired from Conversion Fund 126. Consequential amendments 127. Repeal Amendments to Maori Trustee Act 1953 in Respect of Reserved Land and Vested Land 128. New sections inserted in Maori Trustee Act A. Reserved and Vested Land Purchase Fund 41s. Payments out of Purchase Fund 410. Maori Trustee may purchase interests in reserved land and vested land 41D. Maori Trustee may acquire uneconomic interests in reserved land and vested land 41E. Disposition of interests acquired 4IF. Exemption from stamp duty 129. Consequential amendments to Maori Trustee Act Consequential amendments to. Maori Reserved Land Act Disposi tion of existing assets of Conversion Fund PART VIII MISCELLANEOUS AMENDMENTS TO ENACTMENTS AFFECTING MAORIS Amendments to Principal Act 132. Interpretation 133. Restricting the jurisdiction of the Court over European land owned by Maoris B-2* 134. Adjustment of orders to accord with plan 135. Trustees for persons under disability 136. Period for investigation of customary land limited 137. Partition of combined areas 138. Cancellation of partition orders 139. Requisition of survey of Maori land 140. Surveys 141. Amalgamation of titles 142. Court may vest land in trustees 143. Maori Trustee to be agent for missing owner 144. Chief judge's special power to correct erroneous orders 145. Joint farming undertakings 146. Maori land available in bankruptcy 147. Vesting land in Official Assignee Amendments to Maori Trustee Act New sections inserted in Maori Trustee Act A. Power of Maori Trustee to elect to administer small estates without grant of administration 12B. Elections in respect of unadministered balance of an estate 120. Intestate estates 12n. Application for probate in testate estates 12E. Place of application 13A. Maori Trustee not required to give bond 16A. Payment of claims when a'sets insufficient 46B. Assignment of money in hands of Maori Trustee 460. Power of Maori Trustee to make small payments without order 46D. Disposition of small sums held for beneficiaries 149. Unclaimed money in Maori Trustee's Common Fund Amendments to the Maor; Vested Lands Administration Act Alienation powers of equitable owners 151. Security over vested land 152. Sale of vested land to lessees Amendments to Maor; Reserved Land Act Alienation powers of equitable owners 154. Registration of security 155. Sale of reserved land to lessees 156. Powers of Maori Trustee in respect of leases 157. Repeals

4 814 Maon Affairs Amendment 1967, No , No. 124 An Act to amend the Maori Affairs Act 1953 and other enactments relating to Maoris and Maori land [22 November 1967 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title and commencement-( 1) This Act may be cited as the Maori Affairs Amendment Act 1967, and shall be read together with and deemed part of the Maori Affairs Act 1953 (in this Act referred to as the principal Act). (2) Subject to the provisions of subsection (3) of this section and of section 24 of this Act, this Act shall come into force on the first day of April, nineteen hundred and sixtyeight. (3) Sections 134, 135, 141, 142, and 145 of this Act shall come into force on the day of the passing of this Act. ( 4) Any reference in this Act to the date of the commencement thereof shall be read as a reference to the first day of April, nineteen hundred and sixty-eight. PART I STATUS OF MAORl LAND 2. Interpretation-In this Part of this Act, unless the context otherwise requires,- "Block" or "block of land" means the whole of the land comprised and described in an order of the Court or other instrument of title: "Chief Surveyor" means a Chief Surveyor appointed under the Land Act 1948: "Declaration" or "status declaration" means a declaration issued by the Registrar under section 6 of this Act: "Rates" includes any money recoverable in the same manner as rates are recoverable under the Rating Act 1967: "To register" means to register under the Land Transfer Act 1952, and "registered" and "registration" have corresponding meanings.

5 1967, No. 124 Maori Affairs Amendment Application of this Part-( 1) This Part of this Act applies to Maori freehold land beneficially owned by not more than four persons for a legal and beneficial estate in fee simple. (2) For the purposes of this section, land shall be deemed to be owned in the manner specified in subsection (1) of this section if, but only if,- ( a) The records of the Court in respect of the land disclose that it is vested in not more than four persons for an estate in fee simple and that no person other than those persons is entitled to be registered as a proprietor thereof; and (b) None of the persons entitled to be registered as a proprietor is shown in the records of the Court as holding his interest subject to any trust whatsoever; and ( c) None of the persons entitled to be registered as aforesaid is disclosed by the records of the Court relating to the land to be a person under disability in terms of Part X of the principal Act, or is a person in respect of whose property the Maori Trustee, by virtue of section 92 of the principal Act, has the powers of a trustee under that Part. 4. Inquiries by Registrar-( 1) As soon as conveniently may be after the commencement of this Act, and from time to time thereafter, the Registrar shall ascertain the blocks of land to which this Part of this Act applies and shall, in respect of each such block, make inquiry as to- ( a) Whether or not any of the owners, as disclosed by the records of the Court, is deceased: (b) Whether or not the land, having regard to its area, dimensions, value, and means of access, is suitable for effective use and occupation: ( c) Whether or not a survey of the land has been made and a plan of the land sufficient for the purposes of registration has been prepared or can be prepared. (2) In making an inquiry under subsection (1) of this section, the Registrar may use such means and such sources of information as appear to him to be necessary, but he shall not be bound to do more than consult the records of the Court relating to the land and the records of the Maori Trustee relating to the disbursement of any money derived from the land.

6 816 Maori Affairs Amendment 1967, No. 124 (3) Where upon inquiry under this section, the Registrar is of the opinion that any block is not or may not be suitable for effective use and occupation, he shall refer the matter to an Improvement Officer under Part II of this Act, who shall proceed in respect of that block as if an instruction had been issued by the Secretary under that Part to investigate its use and ownership, and all the provisions of that Part shall apply accordingly. 5. Provisions where no sufficient plan prepared ( 1) Where, in the course of an inquiry under section 4 of this Act, the Registrar ascertains that no plan sufficient for the purposes of registration has been prepared in respect of any block, he may transmit to the Chief Surveyor such material descriptive of the boundaries of the block as is contained in the records of the Court and may request the Chief Surveyor to prepare a plan of the block sufficient for the purposes of registration or to prepare a description and a diagram of the block sufficient for those purposes. (2) Where adequate survey data is available for the preparation of a plan sufficient for the purposes of registration, the Chief Surveyor shall prepare a plan for those purposes and shall forward it to the Registrar for the Court's approval together with sufficient diagrams for the completion of the order of the Court constituting title. (3) Where the available survey data is inadequate for the preparation of a plan sufficient for the purposes of registration, the Chief Surveyor shall, if possible, prepare and supply to the Registrar a description and a diagram of the land reasonably sufficient in his opinion to identify the land together with a certificate, stated to be pursuant to this subsection, that the description and diagram are reasonably sufficient to identify the land, and the description and diagram so certified shall be annexed to and fonn part of the order constituting title to the land which, notwithstanding the provisions of subsection (9) of section 34 of the principal Act, may thereupon be signed and sealed, subject to an endorsement being made upon the face of the order that it is limited as to parcels. (4) Subject to the provisions of subsection (5) of section 7 of this Act, the description and diagram of the land comprised in any order of the Court constituting title, as certified by the Chief Surveyor under subsection (3) of this section, shall, for the purposes of this Act and the Land Transfer Act 1952, be deemed to be the correct description of the land comprised in the order.

7 1967, No. 124 Maori Affairs Amendment Registrar may issue declaration of change of status Where, upon inquiry made under section 4 of this Act, in respect of any block, the Registrar is satisfied- (a) That the block comprises land to which this Part applies; and (b) That there is no reason to believe that any of the owners, as disclosed by the records of the Court, is deceased; and (c) That the land is suitable for effective use and occupation; and (d) That a plan of the land sufficient for the purposes of registration of the order constituting the title to the land has been prepared or that a description and diagram thereof has been prepared and duly certified by the Chief Surveyor under subsection (3) of section 5 of this Act,- the Registrar shall issue in respect of the block a declaration that the status of the land to which the declaration relates shall cease to be that of Maori land. 7. Effect of declaration upon registration-( 1) Upon the issue of a status declaration, it shall, together with any orders relating to the land affected by it and not yet registered, be transmitted by the Registrar to the District Land Registrar who shall, without payment of any fee, register the orders and the declaration: Provided that the Registrar shall not transmit to the District Land Registrar any order granting a charge for rates made earlier than twelve years before the date of the status declaration, and any such order shall have no further force or effect. (2) Upon the registration of a status declaration, the land to which it relates shall cease to be Maori land, but shall be subject to the provisions of section 10 of this Act. (3) Where, in any order which is required to be transmitted to the District Land Registrar under subsection (1) of this section and which has the effect of vesting any beneficial freehold interest in two or more persons, the relative interests are not disclosed by the order, the Registrar shall, notwithstanding the provisions of section 457 of the principal Act, define those relative interests and shall endorse the order accordingly under 'the seal of the Court. In so defining the relative interests, the Registrar shall proceed on the presumption that the interests are equal unless there is evidence to the contrary in the records of the Court.

8 818 Maori Affairs Amendment 1967, No. 124 ( 4) The provisions of subsection (3) of this section shall extend to enable the Registrar to fix the relative interests under any order which has already been registered, and the provisions of subsection (10) of section 452 of the principal Act shall apply to any endorsement made on the order as if it were a consequential amendment to which the said subsection (10) applies. ( 5) Where the District Land Registrar has, pursuant to this section, registered any order constituting title, he may, if the land is not properly defined by surveyor cannot for any other reason be fully described, issue to the proprietor a certificate of title limited as to parcels, and thereupon the provisions of Part XII of the Land Transfer Act 1952, as far as they are applicable and with the necessary modifications, shall apply as if it were a certificate of title limited as to parcels issued under that Part of that Act. (6) It shall not be necessary for the registration of a status declaration that the certificate of title be produced to the District Land Registrar. 8. Effect on existing encumbrances-( 1) Except as provided by subsections (2) and (3) of this section, the change of status of any land effected by the registration of a status declaration shall not be deemed to affect the operation and terms of any lease, licence, mortgage, charge, or other interest or encumbrance to which the land is subject. (2) Where any order granting a charge for rates is registered against the title to any land which, by virtue of the registration of a status declaration, has ceased to be Maori land, the following provisions shall apply: (a) If the charging order was made at a date twelve years or more before the date of the status declaration, it shall from that date cease to have any force or effect and the District Land Registrar, on application, may note the same as discharged: (b) In any other case the charging order shall have effect and may be dealt with in accordance with the provisions of section 9 of this Act. (3) Where any mortgage, charge, lien, or other encumbrance in favour of the Crown in respect of the cost of survey of any land is registered against the title to the land, and a status declaration is registered in respect of that land, no further dealing with the land by the registered proprietor or proprietors thereof shall be registered against that land until the mortgage, charge, lien, or other encumbrance is discharged:

9 1967, No. 124 Maori Affairs Amendment 819 Provided that this subsection shall not be construed to restrict or prevent any registration which is made pursuant to section 7 of this Act or the registration of any charge in favour of the Crown or of any State Loan Department. 9. Certificate as to rates-( 1) If at the expiration of twelve months after the registration of a status declaration there remains unpaid any part of the money secured by a charging order for rates registered against the land (other than a charging order to which paragraph (a) of subsection (2) of section 8 of this Act applies) the local authority or other body to which the rates are payable may, within six months after the aforesaid period of twelve months has expired, forward to the Registrar of the Supreme Court in the Supreme Court district in which the land is situate, (or where the district has more than one office within it, to the Registrar at the office nearest to the land) together with a fee of two dollars, a certificate under subsection (2) of this section. Any such certificate shall, on receipt by the Registrar of the Supreme Court, have the same effect as if it were a certificate under section 81 of the Rating Act 1967, and all the provisions of sections 81 and 82 of that Act shall, notwithstanding the provisions of subsection (7) of the said section 81 and of subsection (2) of the said section 82, apply accordingly. (2) A certificate under this section shall be signed by the Clerk or Secretary of the local authority or other body concerned, and shall set forth the following matters: (a) The legal description of the land: (b) The fact and date of the registration of the status declaration and the date of the declaration: ( c) The fact of the registration of the charging order, and the date of the order, the amount secured thereby and the name of the local authority or other body in whose favour it is made: ( d) The amount of the rates secured by the charging order remaining unpaid at the date of the certificate: ( e) The full names and addresses of the owners of the land. (3) While any charging order for rates remains registered against land which has, by virtue of the registration of a declaration status, ceased to be Maori land, no further dealing with the land by the registered proprietor or proprietors thereof shall be registered against that land until the charging order is discharged:

10 820 Maori Affairs Amendment 1967, No. 124 Provided that nothing in this subsection shall be construed to prevent or restrict any registration which is made pursuant to section 7 of this Act or the registration of any mortgage or charge in favour of the Crown or of any State Loan Department. ( 4) The local authority or other body in whose favour any charging order exists as aforesaid may at any time discharge the same by writing under the hand of the Clerk or Secretary, and such a discharge may be registered accordingly. (5) For the purpose of the Limitation Act 1950, a charging order for rates as aforesaid shall be deemed to have been created at the date it was made: Provided that no time shall be deemed to have run between the date of the status declaration and a date eighteen months after the date of registration of the declaration. 10. Interest of deceased owner-( 1) Where, after the registration of a status declaration, it is discovered that any Maori or descendant of a Maori shown in the declaration as owning any beneficial freehold interest in the land to which the declaration relates has died before the first day of April, nineteen hundred and sixty-eight, that interest shall, notwithstanding the provisions of subsection (2) of section 7 of this Act, be deemed to have devolved as if the land were still Maori land and the provisions of Part XII of the principal Act shall apply to that interest to enable the Court to determine the persons beneficially entitled thereto and to dispose of the same in accordance with the said Part XII: Provided that, in exercising its jurisdiction under the said Part XII, the Court shall not dispose of the interest except by vesting it in the persons determined by it as beneficially entitled thereto. (2) Any vesting order made by the Court pursuant to subsection (1) of this section may be registered and when so registered shall take effect according to its tenor. (3) The provisions of section 131 of the principal Act shall apply to any order made under this section and to the interest in land thereby affected as if that interest were an interest of the nature referred to in paragraph (c) of subsection (2) of that section. ( 4) Notwithstanding the repeal at any time of section 131 or Part XII of the principal Act, that section and Part

11 1967, No. 124 Maori Affairs Amendment 821 shall, for the purposes of, but subject to the provisions of, this section, remain in full force and effect. 11. Registrar to notify owners of change of status-upon the registration of a status declaration in respect of any land, the Registrar shall, where a sufficient address is known to him, inform each owner of the land in writing that the land has ceased to be Maori land and shall include such other information as appears to the Registrar to be relevant. Where a sufficient address of any owner is not known to the Registrar, he shall take all such steps to inform the owner as appear to him to be practicable and effective. 12. Provision as to registration under Joint Family Homes Act 1964-( 1) This section applies to any block of land in respect of which a status declaration is registered and which at the time of that registration- (a) Is owned by a husband and wife jointly or as tenants in common or by a husband or wife in severalty; and (b) Has erected thereon a dwellinghouse which, together with the block, is used exclusively or principally as a home by the owner or one of the owners. (2) The owner or owners of any land to which this section applies may, notwithstanding anything in the Joint Family Homes Act 1964, make application, within six months after the date of registration of the status declaration, to the District Land Registrar to have the land settled as a joint family home, subject only to the following requirements, that is to say- (a) That the application is accompanied by a certificate by the Registrar, under the seal of the Court, that the land is land to which this section applies and is owned by a husband and wife jointly or by a husband or wife in severalty, and that neither the husband nor his wife is the owner of any other joint family home registered as such under the Joint Family Homes Act 1964: (b) That, where the land is owned by one spouse in severalty, the consent in writing of the other spouse is endorsed on or attached to and identified with the application. (3) The Registrar may, for the purposes of subsection (2) of this section, certify that neither the husband nor wife is

12 822 Maori Affairs Amendment 1967, No. 124 the owner of any joint family home in any case where he receives a statutory declaration to that effect from each of the parties. ( 4) On the production to him of the application referred to in subsection (2) of this section and on his being satisfied that it conforms with the requirements of that subsection, the District Land Registrar shall forthwith endorse on the certificate of title to the land and on the corresponding folio of the register a memorial to the effect that the land is settled as a joint family home within the meaning of the Joint Family Homes Act 1964 on the husband and wife as joint tenants subject to that Act. (5) The endorsement of a memorial in accordance with subsection (4) of this section shall have the same effect as the entry and signing by the District Land Registrar of a memorandum under section 7 of the Joint Family Homes Act 1964, and the provisions of that Act, as far as they are applicable and with the necessary modifications, shall apply accordingly: Provided that, for the purposes of that Act, on the endorsement of a memorial as aforesaid, a notice under subsection (5) of section 5 of that Act shall be deemed to have been given by the District Land Registrar and the time limited by subsection (1) of section 6 of that Act for lodging of a caveat shall be deemed to have expired. 13. Provision as to land tax-notwithstanding that any land has, pursuant to this Part of this Act ceased to be Maori land, the interest therein for the time being of any Maori shall, for the purposes of section 75 of the Land and Income Tax Act 1954, be deemed, up to and including the thirty-first day of March, nineteen hundred and seventy-three, to be an interest in Maori freehold land. 14:. Repeals-( 1) Subsection (3) of section 335, section 433A (as inserted by section 7 of the Maori Purposes Act 1955 ) and section 454A (as inserted by section 14 of the Maori Purposes Act 1963) of the principal Act are hereby repealed. (2) The following enactments are hereby consequentially repealed: (a) Section 7 of the Maori Purposes Act 1955: (b) Sections 11 and 14 of the Maori Purposes Act 1963: (c) Subsection (2) of section 27 of the Joint Family Homes Act 1964.

13 1967, No. 124 Maori Affairs Amendment 823 PART II PROMOTION OF BETTER USE AND ADMINISTRATION OF MAORI LAND 15. Main purpose of this Part-The main purpose of this Part of this Act is to promote the effective and profitable use and the efficient administration of Maori land in the interest of the owners. 16. Secretary may institute investigation of land-( 1) The Secretary may, from time to time, issue instructions to officers of the Department to investigate the use and ownership of any Maori freehold land or class of Maori freehold land. (2) An officer to whom any such instructions are issued (in this Part of this Act referred to as an Improvement Officer) shall proceed to investigate the land accordingly, and in the course of so doing, shall examine in respect of each parcel of land (but not to the exclusion of any other matters which appear to him to be relevant) the following matters: ( a) The situation, area, dimensions, and topography of the land, and the practical and legal access thereto: (b) The extent to which the boundaries are or should be surveyed: ( c) The occupation and current use of the land: ( d) The use to which the land is best fitted: ( e) The number of owners of the land and the extent of their several interests: (f) The extent to which rates levied on the land are paid: (g) The existence of any charge or encumbrance on the land. 17. Determination by Improvement Officer of necessary action-( 1) After such consultation as is conveniently practicable with the owners of the land and other interested persons or bodies, the Improvement Officer shall determine whether or not it is necessary or desirable to take action to improve the fitness of the land for effective and profitable use, or to permit the more efficient administration of the land. (2) Any action under subsection (1) of this section may include (but not to the exclusion of any other lawful action): (a) The exercise by the Court of its jurisdiction to partition the land, by itself or in conjunction with any other land: (b) The amalgamation of the title to the land with the title to any other land:

14 824 Maori Affairs Amendment 1967, No. 124 ( c) The cancellation of existing partition orders: (d) The laying out or cancellation of roadways:_ (e) The constitution of the owners as a Maori incorporation: (f) The vesting of the land in trustees upon trust to alienate: (g) The exercise of any other jurisdiction possessed by the Court: (h) The survey of the boundaries of the land: (i) The acquisition from the Conversion Fund of uneconomic or other interests in the land: (j) The alienation of the land by the owners pursuant to Part XIX or Part XXIII of the principal Act. 18. Action to be taken accordingly including applications to Court-(1) Where, pursuant to section 17 of this Act the Improvement Officer determines that some action should be taken in relation to the land or the ownership thereof, he shall report his determination to the Registrar. (2) The Registrar shall lodge applications for the exercise by the Court in respect of the land of any of its jurisdiction which the Improvement Officer has determined to be necessary or desirable. (3) The Improvement Officer shall arrange for the taking in respect of the land of such action, other than that dependent on the exercise of the Court's jurisdiction, as he has determined as aforesaid to be necessary or desirable. 19. How applications to Court are to be dealt with-in dealing with any application made by the Registrar under this Part of this Act, the Court shall have regard to the main purpose of this Part, and if the Court considers that the order sought would not be contrary to the interests of the owners and that adequate consultation under subsection (1) of section 1 7 of this Act has taken place with the owners or their representatives, it shall make the order notwithstanding any objection thereto by any owner or owners: Provided that no order shall be made pursuant to any such application if the Court is satisfied that any owner objecting to the order sought would, if the order were made- ( a) Suffer an immediate diminution of the value of his interests in the land; or (b) Being in actual occupation of any part of the land, suffer substantial hardship.

15 1967, No. 124 Maori Affairs Amendment 825 PART III AMENDMENTS TO PRINCIPAL ACT RELATING TO PARTITION AND PLANNING 20. Planning provisions to apply to partitions-( 1) Section 173 of the principal Act is hereby amended by repealing subsection (3), and substituting the following subsection: " (3) The provisions of this Part of this Act shall be read subject to the provisions of sections 430, 432, and 432A of this Act (relating respectively to partition orders made in respect of land having a frontage to a road or street of less width than sixty-six feet, to partition orders made in respect of land situated within a borough or an independent town district, and to partition orders made in respect of land situated within a county)." (2) Section 173 of the principal Act is hereby further amended by repealing subsections (4) and (5). 21. Planning provisions to apply to consolidation schemes (1) Section 193 of the principal Act is hereby amended by repealing subsection (2). (2) Section 193 of the principal Act is hereby further amended by adding the following subsections: "( 3) The issue by the Court under the provisions of this Part of this Act of two or more orders constituting the titles to two or more separate areas of land within a county shall, if it results in a division of the land in such a manner that, if the same were effected by subdivision for the purposes of sale or for building purposes would require the preparation of a scheme plan under Part 11 of the Counties Amendment Act 1961, be deemed to be a partition to which the provisions of section 432A of this Act (as inserted by section 23 of the Maori Affairs Amendment Act 1967) apply, and the provisions of the said section 432A shall, with the necessary modifications, apply accordingly: "Provided that nothing in this subsection shall apply in any case where the land comprised in the order is identical with that comprised in any order or other instrument of title subsisting before the making of the first mentioned order. "( 4) The issue by the Court under the provisions of this Part of this Act of two or more orders constituting the titles to two or more separate areas of land within a borough or an independent town district shall, for the purposes of sections 350 to 353 of the Municipal Corporations Act 1954, be deemed to be a subdivision of that land, and all the provisions Inset 3

16 826 Maori AfJatrs Amendment 1967, No. 124 of section 432 of this Act shall, with the necessary modifica tions, apply thereto as if it were a partition: "Provided that nothing in this subsection shall apply in any case where the land comprised in the order is identical with that comprised in any order or other instrument of title subsisting before the making of the first mentioned order." 22. Planning provisions to apply to roadways-section 415 of the principal Act is hereby amended by repealing sub section (3), and substituting the following subsection: "(3) The Court shall not layout any roadway under this Part of this Act without the consent in writing of- "(a) The National Roads Board and the local authority in whose district the land is situated in the case of a roadway connecting with a State highway outside a borough; or "(b) The Borough Council in the case of a roadway connect ing with a street or proposed street within a borough; or " ( c) The County Council in the case of a roadway connecting with a County road outside a borough; or "(d) The Town Council in the case of a roadway connect ing with a road or street within a town district: "Provided that where a roadway is laid off as part of a partition or a scheme of consolidation made pursuant to a preliminary plan duly approved by the appropriate local authority, a separate consent in writing by that authority for the purposes of this subsection shall not be required." 23. Partition of land in counties to comply with Part 11 of Counties Amendment Act 1961 as to subdivisions-( 1 ) The principal Act is hereby amended by inserting, after section 432, the following section: "432A. (1) The provisions of this section shall apply to any partition of land by the Court which divides the land in such a manner that, if the partition were a subdivision for the purposes of sale or for building purposes, it would require the preparation and approval of a scheme plan under Part 11 of the Counties Amendment Act "(2) No partition to which this section applies shall be made otherwise than in accordance with a preliminary plan approved by the Council pursuant to this section.

17 1967, No. 124 Maori Affairs Amendment 827 " (3) A preliminary plan of a proposed partition for the purposes of this section shall comply with the provisions of Part II of the Counties Amendment Act 1961 as to the preparation and submission of a scheme plan of subdivision under that Part. " ( 4) On the submission of a preliminary plan as aforesaid the Council shall, subject to the provisions of subsection (5) of this section, deal with the same and shall have the same powers in relation thereto as if it were a scheme plan of subdivision under Part II of the Counties Amendment Act " ( 5) In addition to the grounds set out in section 23 of the Counties Amendment Act 1961 upon which the Council may refuse to approve a preliminary plan under that section, the Council may refuse to approve such a plan and may require the land to be divided by a subdivision under Part II of the Counties Amendment Act 1961, in any case where- " (a) The plan provides for the division of the land into more than two parcels or allotments; and "(b) The Council is of opinion that the final settlement of the details of the division requires continued consultation and negotiation, whether in relation to the exact definition of allotments, or to the carrying out of any roading or other work, or to any other matter or circumstance necessary to the effective completion of the division. "( 6) The provisions of section 33 of the Counties Amendment Act 1961 shall apply to any decision of the Council in relation to a preliminary plan submitted under this section. " (7) On the approval of a plan as aforesaid, the Court may make orders vesting in Her Majesty the Queen the land which is shown on the plan as roads, access ways, or service lanes, or as reserves for those purposes, and declaring that the said land is dedicated for the purpose of any such roads, access ways, and service lanes accordingly. "(8) On the approval of a plan as aforesaid, the Court may make orders vesting all land which is shown on the plan as reserves (other than as reserves for road or access way or service lane purposes), or as land to be vested in the Corporation instead of reserves, in the Corporation, and declaring that the land shown as reserves is set apart as reserves for the purposes indicated on the plan and subject to the provisions of the Reserves and Domains Act " (9) No vesting order shall be made under this section in respect of any land that is subject to any lease, licence, Inset 3*

18 828 Maori Affairs Amendment 1967, No. 124 mortgage, charge, or other encumbrance. Where any land proposed to be dedicated or set apart under this section is subject to any lease, licence, mortgage, or other encumbrance as aforesaid the Court, with the consent of the person entitled to the benefit of the encumbrance, may release the land therefrom and the vesting order shall vest the land free from that encumbrance. " ( 10) A vesting order in favour of the Corporation made for the purposes of this section shall have no force or effect until the Council has, under the seal of the Corporation, accepted the dedication and has certified in its acceptance that the conditions prescribed by Part II of the Counties Amendment Act 1961 have been complied with to the satisfaction of the Council. " ( 11) Where any land is dedicated or set apart as aforesaid, the Court shall, in partitioning the residue of the land, make such adjustments as in the circumstances it deems equitable as between the several owners. " ( 12 ) No consents in accordance with section 35 of the Counties Amendment Act 1961 shall be required in respect of any partition to which this section applies. " ( 13) On the completion of a vesting order made by the Court for the purposes of this section, the Registrar of the Court shall forward the same to the District Land Registrar, together with a certified copy of the acceptance by the Council of the dedication or setting apart of the land to which the vesting order relates, and the District Land Registrar shall thereupon register the same. "( 14) In this section the terms 'Council' and 'Corporation' shall have the meanings attributed to them by section 2 of the Counties Act 1956, and the term 'Council' shall also have the extended meaning attributed to it by section 21 of the Counties Amendment Act 1961." (2) Section 181c of the principal Act (as inserted by section 3 of the Maori Purposes Act 1965) is hereby repealed and the said section 3 is hereby repealed. PART IV MAORI INCORPORATIONS 24. Commencement of this Part-Subject to the provisions of sections 40 and 67 of this Act, this Part of this Act shall come into force on the first day of April, nineteen hundred and sixty-nine.

19 1967, No. 124 Maori Affairs Amendment Interpretation-In this Part of this Act, unless the context otherwise requires- "Equity value", in relation to any incorporation, means the sum remaining after deducting from the total value of all assets of the incorporation the amount of all liabilities, claims, and debts to which the incorporation is subject or which it owes: "Maori incorporation" and "incorporation" means a body corporate which is established under this Part, or which is continued in existence and made subject to the provisions of this Part by section 68 of this Act. 26. Owners of Maori land may be incorporated-an order may be made, in accordance with the provisions of this Part of this Act, constituting as a Maori incorporation the owners of anyone or more areas of Maori freehold land, of which at least one area is owned for a legal estate in fee simple by more than four owners (whether any such owner is entitled beneficially or as a trustee). 27. Objects of Incorporation-An order of incorporation under this Part may be made to enable the Maori incorporation established thereby- (a) To occupy and manage as a farm the land or any portion of the land proposed to be vested in the incorporation, and to carry on any agricultural or pastoral business thereon: (b) To use the land or,any part thereof for the growing of timber, to engage in the felling and marketing of timber, to establish and carry on timber mills, to grant licences to cut and remove timber, or to engage in any other operations for the production, utilisation, or sale of timber: (c) To engage in coal mining or other mining operations on the land, or to grant leases or licences for the production of coal or other minerals: (cl) To arrange for the alienation by sale, or lease, or otherwise of the land or of any portion thereof: ( e) To carry on any other enterprise or do any other thing in relation to the land that may be specified in the order of incorporation. 28. Modification of objects of incorporation-upon application made to it by or on behalf of a Maori incorporation, the Court may, from time to time, alter or redefine the objects for which the incorporation was established.

20 830 Maori Affairs Amendment 1967, No Court may incorporate owners-( 1) On the application of any person interested, the Court may, in its discretion, make in respect of the owners of any land that is owned in the manner referred to in section 26 of this Act an order of incorporation under this Part of this Act: Provided that the Court shall not make an order of incorporation under this section with respect to any land unless- ( a) The assembled owners of the land have passed a resolution in accordance with paragraph (a) of subsection (1) of section 315 of the principal Act, for their incorporation under this Part Id the resolution has been duly confirmed; or (b) In any case to which paragraph (a) of this subsection does not apply, the Court is satisfied that the owners of not less than half of the aggregate shares in each area of land (or their trustees in the case of owners under disability) consent to the making of the order. (2) Any such order of incorporation may be made in respect of the whole area of the land owned in common by the several owners or in respect of any defined part thereof. (3) Where an application is made in respect of two or more pieces of Maori freehold land, and those pieces of land are held under separate titles, the Court may, if it thinks fit, as a preliminary to the making of the order of incorporation exercise its jurisdiction under section 184 or section 435 of the principal Act (as substituted respectively by section 138 and section 141 of this Act) to the intent that the land be held in one title. 30. Terms of order-( 1) Every order of incorporation made under this Part of this Act shall specify the following matters: ( a) The name of the Maori incorporation which shall consist of the words "The Proprietors of (words to be inserted by Court) " : (b) The description of the land or the several areas of land to which the order relates and the value of each such area: ( c) Any assets other than land, being the property of the owners of the land to which the order relates, which are to be vested in the incorporation and the value of those assets: (d) The object or the several objects for which the incorporation is established.

21 1967, No. 124 Maori Affairs Amendment 831 (2) Every order of incorporation shall have annexed to it a list of the persons who are shareholders in the incorporation together with their addresses, where known, and the extent of their respective shares therein. 31. Effect of order of incorporation-( 1) On an order of incorporation being made under section 29 of this Act, the owners of the land in respect of which it is made shall become a body corporate, with perpetual succession and a common seal, under the name specified in the order with power to do and suffer all that bodies corporate may lawfully do and suffer and with all the powers expressly conferred upon it by or under this Act. (2) By the order of incorporation the Court shall vest the land therein specified in the incorporation for a legal and beneficial estate of freehold in fee simple and the former owners thereof shall cease to have any interest therein, whether legal or beneficial: Provided that the estate of the incorporation shall be subject to all leases, mortgages, charges, or other interests to which the title of the owners or any of them was subject at the date of incorporation, and shall also be subject to the right of any person to procure the confirmation of any alienation under an instrument of alienation executed before the making of the order. (3) All Maori freehold land vested in an incorporation, whether by virtue of the order of incorporation or otherwise howsoever, shall upon any such vesting cease to be Maori land. ( 4) On an order of incorporation being made as aforesaid, all the assets (other than land) mentioned in the order shall vest both at law and in equity in the incorporation and the incorporation shall become the sole beneficial owner thereof, subject to all charges, encumbrances, and rights to which the title of the owners or any of them in or to any such assets was subject immediately before the making of the order of incorporation. (5) The District Land Registrar is hereby authorised and directed to cancel or amend any existing certificate of title and to issue any new certificate of title that may be necessary to give effect to any order of incorporation made under this section or made under any other provisions of this Part of this Act.

22 832 Maori Affairs Amendment 1967, No Shareholders of incorporation-( 1) The initial shareholders in the incorporation, as set out in the list of shareholders to be annexed to the order of incorporation, shall be the persons who immediately before the making of the order of incorporation were the owners of any freehold interest in the land specified in the order. (2) Upon the making of an order of incorporation, the Court shall fix the total number of shares in the body corporate which shall be conveniently related to the total value of the land and other assets specified in the order. (3) There shall be allocated to each shareholder a number of shares, being that proportion of the total shares which his former share in the value of any assets of the incorporation bore to the total value of those assets, as disclosed in the order: Provided that in any case where the order of incorporation relates to two or more areas of land held under separate titles, the Court may allocate the total shares in the incorporation in accordance with any agreement or understanding between the groups of owners of the several areas as to the basis of association of those groups otherwise than as heretofore specified, if it is satisfied that the basis is, in all the circumstances, fair and equitable. (4) The incorporation shall, forthwith upon its constitution, establish a register (hereinafter referred to as the share register) which shall constitute the official record of the shareholders, together with the number of shares held by each, and his address, where known. The share register shall be opened with the list of shareholders annexed to the order of incorporation. (5) Every incorporation having more than fifty shareholders shall, unless the share register is in such form as to constitute in itself an index, keep an accurate index of the names of the shareholders, containing a sufficient indication to enable the location of the entry in the share register relating to each shareholder. (6) The incorporation may at the request of any shareholder issue to him a certificate under seal in the prescribed form showing the extent of the shares held by him in the incorporation at the date of issue of the certificate. Any such certificate shall in no wise be construed as evidence of title otherwise than at the time therein specified and shall so state on the face thereof. (7) No shareholder in a Maori incorporation shall have any personal liability whatsoever, whether to the incorporation or to any other person, in respect of any debts or liabilities

23 1967, No. 124 Maori Affairs Amendment 833 of or claims made upon the incorporation, or in respect of any deficiency in the assets of the incorporation in the event of its being wound up. 33. Incorporations may adjust shareholding-( 1) A general meeting of shareholders of an incorporation may at any time pass anyone or more of the following resolutions: (a) That a specified number of shares be fixed, subject to the provisions of subsection (2) of this section, as the minimum share unit for the incorporation, for the purposes of section 34 of this Act: (b) That the incorporation resume the shares of shareholders holding less than a specified number of shares (being a number not exceeding the minimum share unit fixed for the incorporation) in accordance with the provisions of section 35 of this Act: (c) That the incorporation, in accordance with the provisions of section 36 of this Act, resume such of the shares of each shareholder as would, if his total shareholding were divided by the minimum share unit fixed for the incorporation, constitute a remainder: ( d) That, in accordance with the provisions of section 37 of this Act, the total number of shares in the incorporation be amended to a specified number and that the number of shares held by each shareholder be correspondingly amended so as to represent the same proportion of the total shares as was represented by his shareholding before the amendment. (2) The number of shares specified in a resolution under paragraph (a) of subsection (1) of this section for the fixing of a minimum share unit shall be such number as the general meeting of shareholders thinks fit, but shall not exceed the number of shares which would, jf the value thereof were computed as the proper proportion of the equity value of the incorporation as disclosed by the last published balance sheet and the statement annexed thereto of the estimated current market value of assets, be of the value of fifty dollars. (3) No resolution under this section shall have any force or effect unless and until it is confirmed by the Court. ( 4) The Court shall not confirm any such resolution unless it is satisfied- (a) That the resolution has been duly passed by a properly summoned and constituted general meeting of shareholders; and

24 834 Maori Affairs Amendment 1967, No. 124 (b) That the resolution, if carried into effect, would not, except as authorised by this Act, affect the relative interests of the shareholders in the incorporation. ( 5) On the confirmation by the Court of any resolution under this section, the resolution shall take effect according to its tenor and the incorporation shall proceed to do all such things as may be necessary in accordance with the provisions of this Act to carry the resolution into effect. 34. Minimum share unit-( 1) Where in respect of any incorporation a minimum share unit has been fixed pursuant to section 33 of this Act, no shareholder shall transfer to any other person any number of shares less than the minimum share unit unless the shares transferred are the whole of the shares of the transferor and are transferred to the incorporation or to an existing shareholder; nor shall a shareholder transfer to any person any number of shares which would reduce the number of shares of the transferor to less than the minimum share unit. Any transfer of shares purporting to be effected in contravention of this subsection shall 'be null and void and of no effect. (2 ) Nothing in subsection ( 1 ) of this section shall be construed to restrict the transmission of any shares in an incorporation by operation of law. 35. Resumption of shares-( 1) Upon the confirmation by the Court of a resolution under paragraph (b) of subsection ( 1) of section 33 of this Act, the shares of all shareholders owning less than the number of shares specified in the resolution shall be deemed to have been acquired by the incorporation, and the provisions of subsection (7) of section 41 of this Act shall apply thereto, and the share register shall be amended by deleting the names of all such shareholders, and recording the fact of acquisition of the shares accordingly. (2) The incorporation shall thereupon pay to each person whose name has been so deleted from the share register the value of his shares as assessed by the share valuer appointed under section 60 of this Act and in the manner provided by that section. If the address of any such shareholder is not known to the incorporation, the amount payable to that shareholder shall be treated in all respects as if it were an amount payable to him by way of dividend.

25 1967, No. 124 Maori Affairs Amendment Resumption of remainder shares-(1) Upon the confirmation by the Court of a resolution under paragraph (c) of subsection (1) of section 33 of this Act the incorporation shall be deemed to have acquired in the case of each shareholder, that number of shares by which the number of shares held by him exceeds a multiple of the minimum share unit, and the provisions of subsection ( 7) of section 41 of this Act shall apply thereto; and the share register shall be amended to indicate the fact of such acquisition accordingly. (2) The incorporation shall thereupon pay to each shareholder the number of whose shares has been reduced pursuant to this section the value of the shares deducted from his shareholding as assessed by the share valuer appointed under section 60 of this Act and in the manner provided by that section. If the address of any such shareholder is not known to the incorporation, the amount payable to that shareholder shall be treated in all respects as if it were an amount payable to him by way of dividend. 37. Amendment of share total-on the confirmation by the Court of a resolution under paragraph (d) of subsection (1) of section 33 of this Act, the incorporation shall amend the share register in accordance with the terms of the confirmed resolution by altering the total number of shares to the number specified in the resolution and by altering the number of shares held by each shareholder to the proper proportion of the new total of shares. 38. Nature and method of transfer of shares-( 1) Shares in a Maori incorporation shall be personal property transferable in the manner and to the extent provided by this Part of this Act, and not otherwise howsoever. (2) Subject to the provisions of this section, the transfer of the property in shares in a Maori incorporation shall be effected only by the registration in the share register on the application of the transferee of a share transfer in the prescribed form. (3) The personal representative of a deceased shareholder in a Maori incorporation may, on the production of evidence of his appointment satisfactory to the incorporation, and on his written application, have his name entered in the share register as the owner of the shares of the deceased shareholder. (4) The Official Assignee may, on his written application, have his name entered in the share register as the owner

26 836 Maori Affairs Amendment 1967, No. 124 of the shares of any person adjudged bankrupt on or after the first day of April, nineteen hundred and sixty-eight. (5) Shares may be transferred by an entry in the share register- (a) Pursuant to an order of the Court or any determination by the incorporation under section 86 of this Act; or (b) Pursuant to a resolution of the committee of management under section 39 of this Act; or ( c) As provided by sections 35 and 36 of this Act. (6) Except as required by law, no person shall be recognised by a Maori incorporation as holding any share therein upon any trust, and, subject to the provisions of subsections (7) and (8) of this section, the incorporation shall not be bound by or be compelled to recognise (even when having notice thereof) any equitable, contingent, future, or partial interest in any share or, except as by law otherwise provided, any other rights in respect of any share except an absolute right as to the entirety thereof in the registered shareholder. (7) Where any freehold interest in Maori freehold land whereof the owners are incorporated by an order of incorporation under this Part of this Act is held in the name of any person for life or other 1imited period, with remainder over to named persons, the list of shareholders annexed to the order of incorporation shall show the holder for the time being of the shares attributable to the entire interest and shall also show the names of the remaindermen. Any such shares may be transferred by the holder of the interest and remaindermen acting together. On production to the incorporation of satisfactory evidence of the termination of the limited interest and on written application by the remaindermen or any of them, the register shall be amended to show the remaindermen as shareholders. (8) Where any freehold interest in Maori freehold land whereof the owners are incorporated by an order of incorporation under this Part of this Act is owned by a minor or by any other person under disability, whether or not a trustee for that person has been appointed under Part X of the principal Act in respect of the interest, the list of shareholders annexed to the order of incorporation shall show that person as a shareholder in respect of the appropriate number of shares, and shall indicate that he is a person under disability, and, if he is a minor, shall show the date or the approximate date that he shall become of age, and shall record any trustee appointed under Part X of the principal Act.

27 1967, No. 124 Maori Affairs Amendment 837 (9) A trustee appointed under Part X of the principal Act for a person under disability in respect of a freehold interest in Maori freehold land shall be deemed to have been appointed and shall, so long as the person remains under disability, be and have all the powers of a trustee for that person in respect of his shares in any incorporation in which the Maori freehold land has, by virtue of the provisions of this Part of this Act, become vested. ( 10) Nothing in this section or in any other section in this Part of this Act shall be construed to prevent or restrict the transferor and the transferee of any shares in an incorporation from entering into any contract or agreement in respect of any such shares which is subsidiary to the transfer thereof and which is otherwise permitted by law. (11) The Stamp Duties Act 1954 is hereby amended by adding to the definition of the term "shares" in section 2, the words "and shares in a Maori incorporation under Part IV of the Maori Affairs Amendment Act 1967". 39. Vesting shares of deceased shareholder without requiring probate or letters of administration-( 1) Where any shareholder in an incorporation has died, after the commencement of this Act, and the total value of his shares does not exceed one thousand dollars, as assessed by the share valuer appointed under section 60 of this Act and in the manner provided by that section, the committee of management may in its discretion, and without requiring the production of pr6bate or letters of administration, resolve that any person be registered as the holder of the shares who proves to the satisfaction of the committee- (a) That he is entitled thereto under the will or on the intestacy of the deceased shareholder; or (b) That he is entitled to obtain probate of the will of the deceased shareholder, or letters of administration of his estate; and (c) That in neither case has any grant of any such probate or letters of administration been made in New Zealand or resealed in New Zealand; and ( d) That the Commissioner of Inland Revenue has been notified of the proposed resolution and is satisfied either that the value of the shares does not exceed one thousand dollars or that no death duty will be payable in New Zealand in the estate of the deceased shareholder.

28 838 Maori Affairs Amendment 1967, No. 124 (2) After the passing of any resolution as aforesaid, the incorporation shall register the person referred to in the resolution as the holder of the shares, and thereupon that person shall become entitled thereto, subject to all outstanding interests or equities affecting the same. 40. Resolutions restricting the sale of shares-( 1) A general meeting of shareholders may at any time pass either or both of the following resolutions: (a) That no shares shall be sold except as authorised by subsection (3) of section 41 of this Act: (b) That, except as expressly authorised by resolution of a general meeting of shareholders, no person shall acquire otherwise than pursuant to the will or on the intestacy of a deceased shareholder any number of shares which, together with any shares already held by him would amount to more than the number specified in the resolution, or to a proportion of the total shareholding greater than that specified in the resolution. (2) Any resolution passed under subsection ( 1 ) of this section (other than a resolution for the purpose of authorising the acquisition of shares as referred to in paragraph (b) of that subsection), shall be reported to the Court which, if it is satisfied that the resolution has been duly passed by a properly summoned and constituted general meeting of shareholders, shall confirm the same. (3) No share transfer executed after the passing of any such resolution which is in contravention of the terms of the resolution, shall be registered unless and until either the Court shall finally refuse to confirm the resolution, or, until the expiry of six months from the date of the passing of the resolution, if the Court in that time has neither confirmed nor refused to confirm the resolution. (4) Upon the confirmation of a resolution as aforesaid no share transfer in contravention of the terms of the resolution executed after the date of the resolution, and which has not yet been registered, shall thereafter be registered. ( 5) The provisions of this section shall, upon the passing of this Act, apply to authorise the passing of any resolution thereunder by a general meeting of the incorporated owners of a body corporate under Part XXII of the principal Act, and the confirmation of the resolution by the Court. Upon the commencement of this Part of this Act, any resolution passed as aforesaid shall, if the body corporate concerned is

29 1967, No. 124 Maori Affairs Amendment 839 by virtue of section 68 of this Act continued in existence as an incorporation under Part IV of this Act, be deemed to have been passed by a general meeting of the shareholders of the incorporation and if confirmed before the commencement of this Part of this Act, shall on that date take effect according to its tenor to restrict the transfer of shares in the incorporation. If any resolution as aforesaid has not been confirmed at the commencement of this Part of this Act, it shall take effect upon confirmation. 41. To whom shares may be transferred-(l) This section shall be read subject to the provisions of section 38 of this Act (as to the manner of transfer of shares) and the provisions of sections 34 and 40 of this Act (as to restrictions on the transfer of shares by reference to the number thereof). (2) No shares shall be sold or transferred by any shareholder to any person other than as provided by this section. (3) A shareholder may transfer his shares as follows: (a) To the incorporation; or (b) To any other shareholder; or (c) To the Maori Trustee, or to any other State Loan Department, or to the Crown; or (d) To the shareholder's spouse, child or remoter issue, brother, sister, parent, brother or sister of a parent, or to the child or remoter issue of a parent or of the brother or sister of a parent: 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. (4) Nothing in this section shall be construed to prevent or restrict a transfer of shares in any of the following cases: (a) The transfer of shares by the personal representative of a deceased shareholder to the persons entitled thereto under the will or on the intestacy of the deceased shareholder: (b) The retransfer of any shares by the Maori Trustee or any other State Loan Department or by the Crown to the shareholder from whom the shares were acquired or to his personal representative. (5) A shareholder may make to the incorporation an offer in writing to sell his shares or any part thereof to the incorporation or to any person to be nominated by the incorporation (being a person to whom shares may be transferred in

30 840 Maori Affairs Amendment 1967, No. 124 accordance with this section), at a price equal to the value thereof as fixed by the share valuer appointed under section 60 of this Act and in the manner provided by that section. Any such offer shall remain open for acceptance by the incorporation or a person nominated by it as aforesaid until the e~piry of six months after the date of its receipt by the incorporation, when it shall lapse. (6) Upon the lapsing of any offer as aforesaid, the shareholder shall be at liberty to transfer his shares or any part thereof to any person whomsoever, at a price not less than the price fixed therefor pursuant to subsection (5) of this section: Provided that this subsection shall not apply in any case where a resolution has been duly passed and confirmed under paragraph (a) of subsection (1) of section 40 of this Act. ( 7) All shares in an incorporation purchased or otherwise acquired by the incorporation shall 'be deemed to have been acquired on behalf of all the remaining shareholders therein rateably and proportionately to their respective shareholding, and shall be deemed to be held in trust accordingly until the end of the financial year in which they were acquired, at which time the total number of shares in the incorporation shall accordingly be reduced by the number of shares so acquired during the financial year. (8) No transfer of shares in contravention of this section shall be registered. 42. Form, custody, and use of seal-( 1) The seal of every Maori incorporation under this Part of this Act shall be in the prescribed form, and the custody thereof shall be determined by regulations under this Act. (2) Subject to the provisions of subsection (3) of this section, the seal may be affixed to any instrument in the presence of a majority of the members of the committee of management and all the members of the committee present when the seal is affixed shall sign the instrument. (3) Pursuant to a resolution passed by the committee of management in that behalf, given either in specific or general terms, the seal may be affixed to any instrument in the presence of any two members of the committee. In any such case, the two members of the committee shall sign the instrument and there shall be an endorsement on the instrument stipulating the date and substance of the resolution passed by the committee of management as aforesaid. ( 4) Except as provided by this section, the seal shall not be affixed to any instrument.

31 1967, No. 124 Maori Affairs Amendment General powers of incorporation-in addition to the powers expressly conferred on it by this Part of this Act, every Maori incorporation shall have all such powers as may be necessary for the purpose of carrying into effect its objects as defined in the order of incorporation. 44. Incorporations may be amalgamated-( 1) If two or more Maori incorporations consent in writing under their respective seals to their amalgamation under this section, the Court may amalgamate those incorporations by making, in respect of the shareholders thereof, an order of incorporation in substitution for the several orders of incorporation theretofore made. (2) Upon an order of incorporation being made under this section, the former incorporation shall be deemed to have been dissolved and the lands owned by them shall vest in the new incorporation thereby established. All other property and all rights, powers, and privileges appertaining to the former incorporations shall thereupon pass to the new incorporation which shall also become subject to and liable for all claims and liabilities to which the former incorporations were respectively subject. (3) Every order of incorporation under this section shall comply with the provisions of section 30 of this Act. ( 4) The Court shall, in respect of an incorporation constituted under this section, fix a total number of shares, and the number of shares to be allocated among the shareholders of each former incorporation. The number of shares to be allocated as aforesaid shall be fixed on the basis of the equity value of the former incorporations. Provided that the Court may, in making any such allocation, give effect to any understanding or agreement between the former incorporations as to a basis of amalgamation or otherwise than as heretofore specified if it is satisfied that the basis is, in all the circumstances, fair and equitable. (5) The shareholders of the new incorporation shall consist of all the shareholders of the former incorporations, and each shareholder shall be credited with the number of shares properly apportionable to him on the basis of his shares in any former incorporation. (6) Upon the appointment of a committee of management under section 52 of this Act in respect of the new incorporation, the several committees of management theretofore appointed in respect of the former incorporation shall be deemed to have been abolished and the members thereof shall cease to hold office accordingly.

32 842 Maori Affairs Amendment 1967, No Inclusion in incorporation of owners of additional Maori land-( 1) For the purpose of including in any Maori incorporation the owners of any Maori freehold land or European land owned by Maoris who have, in the manner prescribed by subsection ( 1) of section 29 of this Act, agreed to such inclusion, the Court may make an order amending the subsisting order of incorporation. (2) The amending order shall specify the land of which the owners are to be included, and any other property of the owners which is intended to pass to the incorporation, and shall set out the value of the land and other property, together with the equity value of the incorporation immediately before the amending order. (3) By the amending order the Court shall vest in the incorporation the land and other property therein specified, and the owners of the land shall become new shareholders in the incorporation, and their names and addresses and the numbers of their shares shall be shown in a list annexed to the amending order. ( 4) The amending order shall set forth the number of additional shares in the incorporation, to be allocated among the new shareholders, proportionately to their former share of the value of the land and other assets passing to the incorporation. The additional number of shares shall be fixed by the Court and shall bear the same relation to the total shares of the incorporation immediately before the amending order, as the value of the land and other assets contributed by the new shareholders bears to the equity value of the incorporation immediately before the amending order: Provided that the Court, in fixing the additional number of shares, may give effect to any understanding or agreement between the original incorporation and the owners of the additional land to be included as to a basis of inclusion otherwise than as heretofore specified, if it is satisfied that the basis is, in all the circumstances, fair and equitable. 46. Application of revenues of incorporation-( 1) The revenues derived from its operations by any Maori incorporation may be applied- (a) In furtherance of the objects of the incorporation or otherwise in defraying the cost of the administration of the affairs of the incorporation: (b) In payment of all rates, taxes, and other assessments and outgoings payable in respect of the land or other property of the incorporation:

33 1967, No. 124 Maori Affairs Amendment 843 (c) In repayment of any money borrowed by the incorporation, and the payment of interest thereon: ( d) In the making of investments or loans in accordance with subsection (4) of this section: ( e) In the purchase of shares in the incorporation pursuant to any authority in this Part of this Act: (f) In setting aside reserves for contingencies or for capital expenditure or for expansion in accordance with the objects of the incorporation or in retaining in an accumulated profit account any portion of the profits which the committee of management thinks it prudent not to distribute to shareholders: (g) In payment, in accordance with subsection (2) of this section, of an amount by way of dividend to the shareholders or, as authorised by a resolution of the shareholders for such purposes (not being purposes for which money may otherwise be applied under this subsection) as are specified in the resolution. (2) No payment made under paragraph (g) of subsection ( 1) of this section shall be made otherwise than from profits (including accumulated profits and realised capital profits), and in accordance with an express resolution or resolutions passed at a general meeting of shareholders, and the payments made under that paragraph in any financial year shall not exceed the amount detennined by the committee of management as being available in that financial year for the purposes of that paragraph, after prudent and adequate provision has been made for the payment or reservation of other amounts which are properly to be paid or reserved from the revenues of the incorporation including the reservation of an adequate amount for the meeting of claims established in respect of unclaimed dividends which have become the absolute property of the incorporation pursuant to section 47 of this Act. (3) Upon the passing by a general meeting of shareholders of any lawful resolution authorising the payment of any amount under paragraph (g) of subsection (1) of this section, the amount specified in the resolution shall be deemed to be appropriated to the purpose or purposes specified and shall be deemed to be held by the incorporation in trust to make payments accordingly to the shareholders in their respective shares or such other persons as may be entitled thereto, and the necessary entries shall be made in the incorporation's books of account. ( 4) A Maori incorporation, if expressly authorised so to do by resolution passed at a general meeting of shareholders, B-3

34 844 Maori Affairs Amendment 1967, No. 124 may invest any money belonging to it in any securities in which trust funds may be invested by trustees in accordance with the Trustee Act 1956 or in accordance with any other statutory authority. (5) No loan shall be granted under this section to any person who is a member of the committee of management or one of the shareholders of the incorporation. 47. Unclaimed dividends-( 1) In this section, unless the context otherwise requires,- "Dividends" means money payable to any shareholder of an incorporation by way of dividend; and includes any money which is by this Part of this Act required to be treated as an amount payable to a shareholder by way of dividend: "Unclaimed dividends" means dividends in the hands of an incorporation which have been held by it or by a preceding incorporation or body corporate for ten years and upwards without payment to the shareholder or other person entitled. (2) Every incorporation holding unclaimed dividends at the date of commencement of this Part of this Act shall, within twelve months after that date, compile a list of the shareholders to whom the dividends are payable, setting out the amount of unclaimed dividends held for each shareholder and shall transmit the list to the Maori Trustee, and the list shall be published by the Maori Trustee by being annexed to any list of unclaimed money filed under section 30 of the Maori Trustee Act,1953. The date of publication in the Gazette of the filing of any list of unclaimed money to which is annexed a list of unclaimed dividends shall be deemed to be the date of publication of the list of unclaimed dividends. (3) Every incorporation holding dividends which, at any time after the commencement of this Part of this Act, become unclaimed dividends, shall, within twelve months after the dividends have become unclaimed dividends, compile a list of the shareholders to whom those dividends are payable as required by subsection (2) of this section which list shall be dealt with in accordance with that subsection: Provided that it shall not be necessary to include in any such list the name of any shareholder which has been included in any previous list of unclaimed dividends. (4) If, within twelve months after the date of publication of a list of unclaimed dividends, no claim has been established in respect of the dividends shown in the list as payable to any

35 1967, No. 124 Maori Affairs Amendment 845 shareholder, a general meeting of the shareholders may, by resolution, authorise the transfer of those dividends (together with any other dividends held for the same shareholder) to the incorporation absolutely, and those dividends shall thereupon become the absolute property of the incorporation, freed of all interests of the shareholder and may be applied as if they were revenues derived from its operation by the incorporation; and the books of account of the incorporation shall be amended accordingly: Provided that if at any time thereafter in respect of any unclaimed dividends transferred as aforesaid, a claim is lawfully established by the shareholder or persons claiming through him, the amount of the claim shall be payable by the incorporation as a debt due to the claimant accordingly. ( 5) If any unclaimed dividends held for a shareholder have been dealt with in manner provided by subsection (4) of this section and have become the property of the incorporation, any future dividends payable to that shareholder may be similarly dealt with without the necessity of inclusion in a further list of unclaimed dividends, and the provisions of that subsection shall apply accordingly. ( 6) For the purpose of assisting an incorporation to locate any shareholder or the persons entitled to succeed to the interests of a shareholder, the Maori Trustee, at the request of the incorporation and on such terms and conditions as he thinks fit, may at any time agree to publish, as if it were a list of unclaimed dividends under this section, a list setting out: ( a) The names of shareholders for whom dividends are held unpaid by the incorporation (not being unclaimed money within the meaning of this section) ; or (b) The names of shareholders of whom the current addresses are not recorded in the share register. 48. Incorporation's powers to deal with assets-( 1 ) Whether or not any such power is specifically included in its objects of incorporation, a Maori incorporation shall, acting by and through its committee of management, have power to alienate, mortgage, charge, or otherwise dispose of or deal with the assets from time to time vested in it in the same manner as if it were a private person of full capacity: Provided that the incorporation shall not sell any land except pursuant to a resolution of a general meeting of shareholders. (2) On the presentation to him of any memorandum of transfer executed by the incorporation, the District Land B-3 *

36 846 Maori Affairs Amendment 1967, No. 124 Registrar shall not be concerned to inquire whether a resolution under subsection (1) of this section has been passed in respect of the sale. (3) The provisions of section 42 of the Companies Act 1955 as to the form of contracts shall apply to a Maori incorporation in as full and ample a manner as if the incorporation were a limited liability company duly incorporated under the provisions of that Act. 49. Borrowing powers of incorporation-( 1) A Maori incorporation may, on the security of a mortgage or charge of any land vested in it, or on the security of any crops, stock, or other personal property belonging to it, borrow money for any of its objects. (2) No person lending money to an incorporation shall be concerned to inquire as to the necessity for the loan or as to the application of the proceeds thereof. 50. Incorporation may acquire land-a Maori incorporation may acquire any land or interest in land, whether by way of purchase, lease, or otherwise. 51. Incorporation may acquire certain shares-( 1) A Maori incorporation may acquire, hold, and dispose of shares in any company carrying on business relating to or affecting any business carried on or proposed to be carried on by the incorporation. (2) A Maori incorporation may become a member of any federation or association of Maori incorporations. 52. Appointment of members of committee of management-( 1) Upon the making of an order of incorporation under this Part of this Act, the Court shall, having regard to but not being bound by any nominations of members which may be made by or on behalf of the owners who have applied for incorporation, appoint a committee of management consisting of not less than three nor more than seven persons. (2) The Court may from time to time, on the application of an incorporation, determine that the membership of the committee be increased or diminished to a number of members not less than three nor more than seven. (3) The shareholders of an incorporation shall from time to time as may be required and in the manner prescribed elect a person to fill any vacancy in the committee of management, whether arising by the increase in the number of

37 1967, No. 124 Maori Affairs Amendment 847 members thereof or by the death or resignation or the disqualification, removal, or retirement from office under the provisions of this Part of this Act of a member or otherwise however, and, except as provided by subsection (5) of section 54 of this Act (relating to the re-election of a retiring member), the incorporation shall apply to the Court for the appointment of the persons so elected. ( 4) The Court may appoint the person so elected to be a member of the committee of management or may, on sufficient cause being shown, refuse to appoint the person so elected. If the Court refuses to appoint the person elected it may, pursuant to subsection (5) of this section, appoint some other person to the vacancy, or may order that a new election be made. (5) The Court may appoint any qualified person to be a member of the committee of management, notwithstanding that that person has not been elected as a member pursuant to subsection (3) of this section, in any of the following cases: ( a) Where the Court has, pursuant to subsection (4) of this section, refused to appoint a person who has been so elected; or (b) Where any person elected to be a member has died before he has been appointed by the Court pursuant to subsection (4) of this section; or ( c) Where the shareholders have made default in electing a person to fill a vacancy in the Committee; or ( d) Where the Court has removed a member from office pursuant to subsection (4) of section 53 of this Act. (6) Notwithstanding any other provision of this section, the death, resignation, disqualification, removal, or retirement from office of any member of a committee of management shall not be deemed to create a vacancy on the committee if the replacement of that member would bring the members of the committee to a number in excess of seven or in excess of any lesser number to which the membership of the committee has been diminished by the Court pursuant to subsection (2) of this section. 53. Qualification, disqualification, and removal of members-( 1) It shall not be necessary in the case of any person elected or appointed to a committee of management that he be a shareholder in the incorporation. (2) No person shall be disqualified from being elected or from holding office as a member of the committee of management by reason of his employment as a servant or officer of

38 848 Maori Affairs Amendment 1967, No. 124 the incorporation or of his being interested or concerned in a contract made by the incorporation: Provided that a member of the committee shall not vote or take part in the discussion on any matter before the committee that directly or indirectly affects his remuneration or the terms of his employment as a servant or officer of the incorporation or that directly or indirectly affects any contract in which he may be interested or concerned. (3) Without limiting the powers of the Court under subsection (4) of section 52 of this Act and under subsection (4) of this section, no person shall be appointed or shall continue to hold office as a member of a committee of management who is or becomes- (a) A person of unsound mind within the meaning of the Mental Health Act 1911; or (b) A bankrupt who has not obtained his order of discharge, or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled; or ( c) A person convicted of any offence punishable by imprisonment for a term of six months or longer, unless he has served his sentence or otherwise suffered the penalty imposed upon him. ( 4) The Court for sufficient cause may at any time on application remove from office any member of a committee of management. 54. Term of office and retirement of members-(1) The original members of the committee of management appointed for an incorporation pursuant to subsection (1) of section 52 of this Act, shall retire as follows: ( a) At the annual general meeting held in the second calendar year after the year in which the incorporation was constituted one third of those members shall retire: (b) At the following annual general meeting, an equal number of those members shall retire: ( c) At the next following annual meeting, the balance of those members shall retire. (2) Where the number of original members of a committee is not three or a multiple of three, one third of those members shall for the purposes of subsection (3) of this section be deemed to be one third of the next highest number which is a multiple of three.

39 1967, No. 124 Maori Affairs Amendment 849 (3) The members to retire in any year pursuant to subsection (1) of this section, shall, where necessary, be determined by agreement or lot. Where a determination of members who should retire as aforesaid is necessary but has not been made at the commencement of the annual general meeting at which members are to retire, the whole of the remaining original members of the committee shall retire. ( 4) Every person appointed to be a member of a committee of management (other than a person appointed pursuant to subsection (1) of this section as an original member of the first committee), and every retired member re-elected to the committee pursuant to subsection (5) of this section, shall be appointed or re-elected for a term expiring at the annual general meeting in the third calendar year after the year of his appointment or re-election and shall then retire. (5) A member who retires in accordance with the provisions of this section shall be eligible for re-election, and if so re-elected shall thereupon continue in office without the necessity of appointment by the Court. (6) Any person who acts or purports to act as a member of a committee of management when no longer entitled to do so under this section, commits an offence and shall be liable on summary conviction to a fine not exceeding twenty dollars. (7) Every order of the Court made after the thirty-first day of March nineteen hundred and fifty-four purporting to appoint a committee of management or to appoint any person as a member of a committee of management of a body corporate under Part XXII of the principal Act, shall, subject to the final determination of any appeal which has been or may hereafter be, lawfully made against the appointment, for all purposes be deemed to have been validly made and to have taken and had effect according to its tenor. (8) The members of the committee of management of any incorporation continued in existence by section 68 of this Act, shall, on the commencement of this Part of this Act, consist of the persons who, immediately before the commencement of this Part, were acting as members of the committee of management of the corresponding body corporate under Part XXII of the principal Act, pursuant to any valid order of the Court appointing them as members or to re-election or continued re-election as members upon retirement from terms to which they were appointed by any such order. For the purposes of subsection (1) of this section, the members as aforesaid shall be deemed to be the original members of a committee appointed pursuant to subsection (1) of section 52 of this Act

40 850 Maori Affairs Amendment 1967, No. 124 in respect of an incorporation constituted in the year nineteen hundred and sixty-eight. 55. Election of Chairman of committee and appointment of Secretary-( 1) The committee of management of a newly constituted incorporation shall within one month after the date of its appointment hold its first meetling, and the members thereof shall elect one of their number to be Chairman and shall determine the period for which he is to hold office. (2) The committee shall, at the same meeting, appoint some person to be Secretary of the incorporation, and shall appoint some place to be the registered office of the incorporation. (3) The members of the committee shall be jointly and severally responsible to report to the Registrar not later than two weeks after the meeting, for inclusion in the register of Maori incorporations the following information: (a) The name, occupation, and address of the elected Chairman and the period for which he is to hold office: (b) The name, occupation, and address of the appointed Secretary: ( c) The place appointed as the registered office of the incorporation. ( 4) The members of the committee shall be jointly and severally responsible to advise the Registrar from time to time of any change in the particulars mentioned in subsection (3) of this section, within two weeks after the date of election or appointment of a new Chairman, Secretary, or registered office as the case may be. 56. Validity of order of appointment-no order appointing any person as a member of any committee of management shall be questioned or invalidated on the ground of any error or irregularity in the mode of his election or appointment, and no act of the committee shall be questioned or invalidated on the ground of any vacancy in the membership thereof. 57. Committee of management to exercise powers of incorporation-( 1) The powers and functions of a Maori incorporation may be exercised on its behalf by its committee of management and not otherwise: Provided that the committee of management shall comply with the terms and conditions of any resolution relating to the powers and functions of the incorporation passed at a general meeting of the shareholders of the incorporation.

41 1967, No. 124 Maori Affairs Amendment 851 (2) Notwithstanding the provisions of subsection (1) of this section, the incorporation shall be bound by every act of the committee, and no person dealing with the incorporation shall be concerned to inquire in relation to any such act whether the committee is authorised or restricted by any resolution of the shareholders or as to the terms and conditions of any such resolution. ( 3) The powers of the committee may be exercised by a majority of the members thereof for the time being in office, but no decision of the committee shall be effective unless at least three members concur therein. ( 4) Except as may be provided by regulations under this Act, and subject to any conditions that may be imposed on the committee by resolutjion passed at a general meeting of shareholders, the committee may regulate its procedure as it thinks fit. 58. Accounts and balance sheet-( 1) Every incorporation shall cause to be kept proper books of account in which shall be kept full, true, and complete accounts of the affairs and transactions of the incorporation. (2) The committee of management of every incorporation shall at a date not later than eighteen months after the making of the order of incorporation, and subsequently once at least in every calendar year, submit to a general meeting of shareholders a profit and loss account made up to a date not earlier than the date of the meeting by more than six months, together with a balance sheet as at the date to which the profit and loss account is made up. (3) Every balance sheet of an incorporation shall, when read in conjunction with the statement required by paragraph ( c ) of subsection (4) of this section, give a true and fair view of the state of affairs of the incorporation as at the end of its financial year and every profit and loss account of an incorporation shall give a true and fair view of the profit or loss of the incorporation for the financial year. ( 4) The profit and loss account shall be annexed to the balance sheet and there shall also be annexed or attached thereto- (a) The auditor's report made pursuant to section 59 of this Act: (b) A report by the committee of management with respect to the state of the incorporation's affairs and the amount, if any, which it has determined is available for the purposes of paragraph (g) of subsection ( 1) of section 46 of this Act:

42 852 Maori Affairs Amendment 1967, No. 124 ( c) With respect to the assets of the incorporation, a statement setting forth the estimated current market value thereof together with a statemenlt of the liabilities, if any, of the body corporate charged on or relating particularly io those assets. Where the assets of the incorporation include any interest in land, the current market value of that interest for the purposes of this paragraph shall, if it is separately valued in the district valuation roll, be deemed to be the capital value thereof as appearing on that roll. (5) A copy of the balance sheet, profit and loss account, and other documents, shall be filed in the Court within fourteen days after their submission as hereinbefore required to a general meeting of shareholders and shall during office hours be open to public inspection on payment of the fee (if any) prescribed in respect thereof. 59. Appointment and duties of auditor-( 1) The shareholders shall at each annual general meeting appoint an auditor or auditors to hold office from the conclusion of that meeting until the conclusion of the next annual general meeting. No person shall be appointed as auditor of an incorporation unless he is a member of the New Zealand Society of Accountants, or a member, fellow, or associate of an association of accountants constituted in some part of the Commonwealth outside New Zealand and for the time being approved for the purpose of the audit of company accounts by the Minister of Justice by notice published in the Gazette. The appointment of a partnership by the firm name to be the auditors of an incorporation shall be deemed to be the appointment of all the persons who are partners in the firm at the time of the appointment. (2) The auditor shall make a report to the shareholders on the accounts examined by him and on every balance sheet and every profit and loss account submitted to the shareholders in a general meeting during his tenure of office and the report shall state: (a) Whether or not he has obtained all the information and explanations that he has required: (b) Whether or not in his opinion proper books of account have. been kept by the incorporation so far as appears from his examination of those books: ( c) Whether or not in his opinion, according to the best of his information and the explanations given to

43 1967, No. 124 Maori Affairs Amendment 853 him and as shown by the books of the incorpora tion,- (i) The balance sheet and the statement required by paragraph (c) of subsection (4) of section 58 of this Act are properly drawn up so as to give a true and fair view of the state of the incorporation's affairs as at the end of its financial year; and (ii) The profit and loss account is properly drawn up so as to give a true and fair view of the results of the business of the incorporation for its financial year: ( d) Whether or not the share register and index of shareholders required by section 32 of this Act to be kept by the incorporation have been duly and correctly kept. (3) The auditor's report shall be read before the general meeting of shareholders and shall be open to inspection by any shareholder. (4) Every auditor of an incorporation shall have a right of access at all times to the books and papers of the incorporation and shall be entitled to require from the officers of the incorporation such information and explanation as he thinks necessary for the performance of the duties of the auditor. (5) The auditor of an incorporation shall be entitled to attend any general meeting of the shareholders and to receive all notices of and other communications relating to any general meeting which any shareholder is entitled to receive and to be heard at any general meeting which he attends on any part of the business of the meeting which concerns him as an auditor. 60. Appointment of share valuer-( 1) The shareholders shall at each annual general meeting appoint a share valuer for the purpose of this section to hold office from the conclusion of that meeting until the conclusion of the next annual general meeting. No person shall be so appointed who is not qualified to be appointed as auditor of an incorporation under section 59 of this Act. The same person may be appointed in respect of any incorporation to the offices of auditor and share valuer. (2) When by any provision of this Act the value of any shares in an incorporation is required to be assessed, fixed, or ascertained by the share valuer under this section, he shall assess the value of the shares in relation to the equity value of the incorporation at the date of the last published

44 854 Maori Affairs Amendment 1967, No. 124 balance sheet (as disclosed by the balance sheet and the statement thereto annexed of the estimated current market value of assets), with such adjustments thereto, if any, as in his opinion are necessary to arrive at a fair and reasonable equity value at the date of his valuation, having regard to: (a) Any material change in the current market value of the livestock or other assets of the incorporation since the date of the last published balance sheet; and (b) Any appropriations of money to be paid to the shareholders or otherwise under paragraph (g) of subsection (1) of section 46 of this Act, since the date of the last published balance sheet; and ( c) The estimated financial results of the operations of the incorporation for the current financial year; and ( d) Any other matter or circumstance which in the opinion of the share valuer materially affects the equity value of the incorporation. 61. Investigation of incorporation's affairs-( 1) In this section, unless the context otherwise requires,- "Examining officer" means an officer of the Department nominated by the Secretary or a person appointed as such by the Court under subsection (4) of this section for the purposes of this section: "Officers or servants of the incorporation" includes past, as well as present, officers and servants of the incorporation. (2) When the accounts of any incorporation have been filed in the Court pursuant to section 58 of this Act, the Registrar shall refer the same to an examining officer for investigation; and if as a 'result of his investigation the examining officer finds cause for dissatisfaotion, whether because of apparent excessive expenditure, excessive stock losses, inadequate expenditure for maintenance of pastures and improvements, apparent mismanagement or poor administration, inadequate reserves, or for any other reason, he shall report the cause of his dissatisfaction to the Registrar, who shall, after making any other investigations which seem to him desirable, lay the report hefore the Court. (3) If as the result of the report of the examining officer the Court thinks it necessary so to do, it may require further investigations to be made into the affairs of the incorporation, either by the same examining officer or by another examining

45 1967, No. 124 Maori Affairs Amendment 855 officer appointed by the Court for the purpose; and the Court may, at the same time or at any time thereafter, direct the Registrar to require any member of the committee of management or the secretary or other officer or servant of the incorporation to furnish, within a time stipulated by the Court, an explanation in writing on any matter or question referred to in the reports of the examining officers. ( 4) h shall be the duty of the members of the committee of management, or the secretary, or other officers or servants of the incorporation to produce to the examining officer all books and papers of or relating to the incorporation and otherwise to give to the examining officer all assistance which they are reasonably able to give, and to furnish to the Court any explanation required by the Court to be given; and if any person fails in that duty, the Court may inquire into the failure, and after hearing any statement which may be offered in defence, punish the offender in like manner as if he had been guilty of contempt of the Court. ( 5) Where, after having considered the reports of the examining officers and any explanation which has been furnished under subsection (4) of this section, the Court is of opinion that any matter or question affecting the incorporation should be the subject of inquiry at a sitting of the Court, or that a prima facie case for the exercise of any of the powers conferred upon the Court by subsection (6) of this section appears, the Court may appoint a time and place for a sitting of the Court and give such directions for service of notice of the sitting, and of the matters to be dealt with, as it thinks fit. ( 6) Where as the result of any investigation or examination into the affairs of an incorporation the Court thinks it necessary so to do, it may, notwithstanding any of the provisions of this Part, exercise all or any of the following powers- (a) It may remove from office any member or members of the committee of management: (b) It may appoint for such period as it thinks fit some person or persons to hold office as an additional member or additional members of the committee of management: ( c) It may suspend for such term as it thinks fit the powers of the members of the committee of management and appoint one or more competent persons, with their prior consent, to exercise all the powers of the committee: ( d) It may impose such restrictions, conditions, or exceptions as it thinks fit on the powers of the incorporation:

46 856 Maor; Affairs Amendment 1967, No. 124 (e) It may give such directions as it thinks fit for the conduct of the business of the incorporation: (f) It may order the winding up of the incorporation. (7) The Court may, in respect of any vacancies in the membership of a committee of management created by the exercise of its powers under paragraph (a) of subsection (6) of this section- (a) Order an election to fill the vacancies; or (b) Fill the vacancies by appointment under subsection (4) of section 52 of this Act; or ( c) Order that the vacancies remain unfilled pending a further order of the Court. (8) Any additional member appointed to a Committee of Management pursuant to paragraph (b) of subsection (6) of this section shall not, for the purposes of the provisions as to the retirement of members contained in section 55 of this Act, be included in the number of members of the committee but for all other purposes shall have all the powers and be subject to all the provisions relating to the members of committees. The appointment of any such member may at any time be terminated by the Court, notwithstanding that the period for which he was appointed has not yet expired. (9) The Court may make such orders as it thinks fit for the payment by the incorporation of a reasonable sum to defray the cost of any investigation made pursuant to this section, whether by an examining officer or otherwise: Provided that no such order shall be made in respect of any investigation under subsection (2) of this section. ( 10) Without limiting the authority hereinbefore conferred on the Court, the Court may at any time, on the application of any of the shareholders of an incorporation, and with proper cause shown, or of its own motion, require the same investigations to be made as it can require to be made as a result of the report of an examining officer, and the provisions of this section shall, with the necessary modification, apply to any such investigations. 62. Expenses and remuneration of members of committee Members of the committee of management shall be entitled to receive reasonable travelling allowances, at a rate to be fixed at a general meeting of shareholders, or a refund of the expenses actually and reasonably incurred by them in attending or returning from meetings of the committee, and shall,

47 1967, No. 124 Maori Affairs Amendment 857 in addition, be entitled, subject to the consent of the Court, to receive such fees (if any) in respect of their services as may be authorised at a general meeting of shareholders. General Meetings of Shareholders 63. Conduct of meetings of shareholders-( 1) General meetings of shareholders shall from time to time be held as required by this Act or by regulations thereunder. (2) The Court may at any time by order direct the holding of a special general meeting of shareholders. (3) All general meetings shall be summoned in manner prescribed by regulations under this Act. (4) Subject to any regulations under this Act, any shareholder may attend and vote at any meeting of the shareholders either personally or by a proxy appointed by him in writing. (5) Unless on any question submitted at a general meeting to a vote of the shareholders a poll is demanded by not less than five persons present in person at the meeting, or by any person or persons entitled to exercise not less than one tenth of the total votes of those present in person or by proxy at the meeting, every owner present in person or by proxy shall have one vote only, and a resolution shall be carried if a majority of the votes is in favour thereof. ( 6) If on any question submitted to a vote of the shareholders a poll is demanded in accordance with subsection (5) of this section, the voting powers of the shareholders shall be determined by the number of shares held by each shareholder. (7) A person acting as proxy for more than one shareholder shall be entitled to vote separately for each person for whom he so acts. (8)No person shall be competent to act as the proxy for any shareholder at a meeting of shareholders if that person is either a member of the committee of management or has consented, before or at that meeting, to be nominated as a member of the committee of management. (9) The Court may from time. to time fix the quorum for a general meeting of shareholders. Unless and until a quorum is so fixed, the quorum for any such meeting shall be twenty shareholders or a number of shareholders equal to two-thirds of the number of shareholders. (whichever is the less), and whether in either case the shareholders attend personally or by proxy.

48 858 Maori Affairs Amendment 1967, No. 124 (10) No general meeting shall be deemed to be properly constituted unless at least three shareholders are present in person throughout the meeting. ( 11) Except as otherwise provided in this section or by regulations under this Act, the shareholders present, either personally or by proxy at a general meeting, may regulate the procedure of that meeting. 64. Register of Maori incorporations-( 1) The Registrar of every Maori Land Court district shall keep in the office of the Court a register of Maori incorporations existing on the commencement of this Act, or thereafter established under this Part of this Act, in respect of land situated in that district. (2) The register shall, in respect of every incorporation registered therein, disclose the following particulars: (a) The name of the incorporation and the date of the order of incorporation: (b) The name or other description and the area of the land vested in the incorporation: (c) The object or objects of the incorporation: ( d) The names, occupations, and addresses of the members for the time being of the committee of management and of the duly elected Chairman and the appointed secretary thereof: (e) The location of the office of the incorporation: (f) Particulars of all orders made by the Court in relation to the incorporation: (g) The date of the filing in the Court of the annual statement of accounts of the incorporation: (h) Such other particulars (if any) as may be prescribed in that behalf by regulations under this Act. (3) Every register kept pursuant to this section shall during office hours be open to public inspection on payment of the fee (if any) prescribed in respect thereof. 65. Winding up of incorporation-( 1) The Court may order the winding up of an incorporation- (a) Pursuant to paragraph (f) of subsection (6) of section 61 of this Act; or (b) If a general meeting of shareholders has by special resolution resolved that the incorporation be wound up; or ( c) If default has been made in the submission to a general meeting of shareholders or in filing in the Court of the balance sheet and other documents required

49 1967, No. 124 Maori Affairs Amendment 859 by section 58 of this Act, to be so submitted and filed; or ( d) If the number of shareholders is reduced below five; or (e) If the incorporation is unable to pay its debts; or (f) If the Court is of opinion that it is just and equitable that the incorporation should be wound up. (2) In making an order winding up an incorporation under this section, the Court shall appoint some suitable person to be the liquidator of the incorporation. (3) On the appointment of a liquidator under this section, the authority of the committee of management of the incorporation shall cease and determine, and the liquidator shall have power to do all acts and to execute, in the name and on behalf of the incorporation, all deeds, receipts, and other documents, and for the purpose to use, when necessary, the incorporation's seal. (4) Subject to any directions of the Court, the liquidator shall sell, realise, or otherwise dispose of the assets of the incorporation and shall hold the proceeds of any such sale, realisation, or disposal (if any) to be dealt with in accordance with orders of the Court. ( 5) Where, as part of the disposal of the assets of an incorporation, pursuant to subsection (4) of this section, it is proposed that any land owned by the incorporation for an estate in fee simple be disposed of by conveying the same to the shareholders or any of them, and the conveyance cannot conveniently be effected by any other means, the Court may, on the application of the liquidator, make an order vesting the land accordingly. (6) When a liquidator appointed under this section has completed the winding up of an incorporation, he shall file in the Court a full statement of account relating to the course and fulfilment of the winding up and, upon the Court being satisfied that the incorporation has been properly wound up, the Court shall make an order dissolving it. (7) Any liquidator appointed pursuant to this section may from time to time apply to the Court for directions with reference to the winding up. (8) Any liquidator appointed under this section who acts pursuant to Rules of Court or to any directions given to him by the Court shall not incur any liability to the incorporation or to any other person or persons. (9) The Court may at any time during the course of the winding up of an incorporation discharge a liquidator

50 860 Maori Affairs Amendment 1967, No. 124 appointed under this section and may appoint some other person liquidator in his stead. ( 10) Any liquidator appointed under this section shall be entitled to be paid out of the income and other assets of the incorporation such remuneration as the Court may order. 66. Penalties for non-compliance with statutory provisions relating to Maori incorporations-( 1) Every incorporation which commits any offence referred to in subsection (2) of this section, and every officer of an incorporation who knowingly or wilfully authorises or permits the commission of any such offence, shall be liable on summary conviction to a fine not exceeding twenty dollars and, if the offence is a continuing one, to a further fine not exceeding five dollars for every day during which the offence has continued. (2) The following acts or omissions are hereby constituted offences to which subsection (1) of this section applies: (a) Failure to compile a list of shareholders and transmit the list to the Maori Trustee in accordance with subsection (2) of section 47 of this Act: (b) Failure to keep accounts as required by subsection (1) of section 58 of this Act: (c) Failure to submit to a general meeting of shareholders a balance sheet and profit and loss account and such other statements and reports as are required by the said section 58: (d) Failure to file in the Court the balance sheet and other documents as required by subsection (5) of section 58 of this Act: ( e) Failure to appoint an auditor as required by section 59 of this Act: (f) Failure to keep, in the prescribed manner, a register of shareholders, and an index of shareholders: (g) Failure to hold, as prescribed, an annual general meeting of the shareholders: (h) The making of any payment from the funds of the incorporation which is not authorised by or pursuant to this Part of this Act. (3) For the purposes of this section, the expression "officer of an incorpora1tion" shall include a member of the cornmjittee of management of an incorporation, and the secretary of an incorporation. (4) Notwithstanding anything to the contrary in the Summary Proceedings Act 1957, any information for an

51 1967, No. 124 Maori Affairs Amendment 861 offence under this section may be laid at any time within three years after the date of the commission of the act in respect of which the proceedings are taken Incorporations in default with accounts to be deregistered but may be reinstated-( 1) After the thirty-first day of December, nineteen hundred and sixty-seven, the Registrar shall forthwith delete from the register of bodies corporate established pursuant to section 301 of the principal Act, the names and particulars of all bodies corporate entered therein, which have not in accordance with section 298 of that Act filed in the Court a copy of the statement of accounts and other documents required by the said section 298 to be so filed, for the financial year of the body corporate ending during the year nineteen hundred and sixty-six; and shall apply to the Court to wind up the body corporate under section 303 of that Act. (2) The Registrar shall in respect of any body corporate of which he has deleted the name and particulars from the register of bodies corporate, give notice in writing thereof to the secretary and to each of the members of the committee of management of the body corporate. The notice shall further state that application has been made to wind up the body corporate, and shall notify the sitting of the Court at which the application shall be dealt with, and explain the powers of the Court under this section. A copy of the notice suitably amended shall be published at least twice, at intervals of not less than seven days, in at least one daily newspaper circulating within the district where the land of the body corporate is situated. (3) The Court, on hearing any such application, may: (a) Wind up the body corporate in accordance with the provisions of section 303 of the principal Act; or (b) Subject to such conditions as it thinks fit, direct the reinstatement of the name and particulars of the body corporate in the register of bodies corporate (or the register of Maori incorporations as the case may require). (4) In any case where pursuant to paragraph (b) of subsection (3) of this section the Court has ordered the reinstatement of the name and particulars of any body corporate in the register at a time subsequent to the commencement of this Part of this Act, the body corporate shall be deemed to have been registered at the date of the commencement

52 862 Maori Affairs Amendment 1967, No. 124 of this Act, and all the provisions of sections 68 to 70 of this Act shall apply accordingly. ( 5) The Court shall not exercise its powers under subsection (3) of this section to direct reinstatement of the name and particulars of a body corporate at any time later than twelve months after the commencement of this Part of this Act. 68. Registered bodies corporate under principal Act to become incorporations under this Act-( 1) Every body corporate of Maori owners which was established under Part XXII of the principal Act, or continued 'in existence by section 302 of that Act, and which at the commencement of this Part of this Act is shown in the register of bodies corporate kept pursuant to section 301 of the principal Act as a subsisting body corporate, shall continue to exist in accordance with the provisions of this Part of this Act, as a Maori incorporation under its existing name after omitting the word "Incorporated" if that word is included in the existing name. (2) On the commencement of this Part of this Act, all land and other property vested in any Maori incorporation to which subsection (1) of this section applies, shall be held by the body corporate absolutely freed from any equitable or beneficial interest on the part of the shareholders, and all land which in the ownership of the former body corporate was Maori freehold land shall cease to be Maori land. (3) Every such incorporation shall forthwith establish a share register for the purposes of section 32 of this Act and shall record therein the names of the shareholders, their addresses, where known, and the number of shares held by each shareholder. ( 4) The incorporation, in preparing the share register, shall fix a convenient number of shares as the total shares in the incorporation and those shares shall be allocated among the individual shareholders in the same relative proportions as the voting powers exercisable at a general meeting of the incorporated owners in accordance with section 300 of the principal Act (notwithstanding the repeal of that section) and as disclosed in the register of incorporated owners required to be kept by bodies corporate by regulations under that Act. ( 5) In any case where, for any reason, the voting powers of the individual incorporated owners of a body corporate to which this section applies have not been finally defined, the

53 1967, No. 124 Maori Affairs Amendment 863 incorporation shall forthwith after the commencement of this Part of this Act, apply to the Court to fix the total shares therein and the shares held by each shareholder, and the Court may by order fix the total shares and the shares of each shareholder accordingly. The Court, after fixing a convenient number of shares as the total shares in the incorporation, shall determine the shares to be allocated to each shareholder as follows: ( a) In accordance with the provisions of section 300 of the principal Act (notwithstanding the repeal of that section) relating to the proportionate voting powers of a body corporate; or (b) If in the Court's opinion sufficient information is not available to enable accurate compliance with the provisions of the said section 300, in such manner as seems to it most nearly in accordance with the provisions and to be just and equitable; or ( c) In accordance with any agreement or understanding between the groups of former owners of the several areas of land vested in the incorporation as to the basis of association of those groups, otherwise than as elsewhere in this subsection provided if the Court is satisfied that the basis is, in all the circumstances, fair and equitable. (6) Until the share register of an incorporation to which this section applies discloses all the particulars of shareholders required by subsection (3) of this section, no transfer of shares shall be registered, and no payment shall be made by the incorporation to the shareholders under paragraph (g) of subsection (1) of section 46 of this Act. ( 7) Except as otherwise provided in this section and so far as they are applicable all the provisions of sections 25 to 66 of this Act shall apply to the incorporations to which this section relates. 69. Notice to District Land Registrar of incorporations affected-( 1) On the commencement of this Part of this Act, the Registrar shall forthwith transmit to the District Land Registrar a certificate under his hand and the seal of the Court setting out the names of all Maori incorporations to which the provisions of section 68 of this Act apply and setting out in respect of each such incorporation the name under which it was formerly known and the descriptions and areas of the several parcels of land vested in it.

54 864 Maori Affairs Amendment 1967, No. 124 (2) On receipt of a certificate under this section, the District Land Registrar shall, where the title to any land affected thereby has been finally or provisionally registered, evidence on the register,the changes of name and record on the title the fact that the land has ceased to be Maori land. (3) No stamp duty shall be payable on any certificate issued under this section. 70. Notification to public and officers of incorporation ( 1) As soon as practicable after the commencement of this Part of this Act, the Registrar shall notify the secretary and each member of the committee of management of every incorporation to which section 68 of this Act applies that the incorporation is subject to the provisions of this Part of this Act, and shall set out in the notification the principal effects of the provisions of this Part. (2) The Registrar shall, at the same time, publicly notify, by advertisement in a daily newspaper circulating in the district in which the land of the incorporation is situated, that the incorporation is subject to the provisions of this Part of this Act. Any such advertisement may relate to any number of incorporations. 71. Encumbrances-Where by reason of the constitution of an incorporation under this Part of this Act or by the operation of section 68 of this Act, any land ceases to be Maori freehold land, the provisions of sections 8 and 9 of this Act shall, with the necessary modifications, apply in respect of any lease, licence, mortgage, charge, or other interest or encumbrance to which the land is subject, as if the status of the land had been changed by the registration of a status declaration under Part I of this Act upon a date which was the date of the order of incorporation or the date of the commencement of this Part of this Act, as the case may be, and as if the status declaration had been made on the date last referred to. 72. Provisions as to tax-( 1) For the purposes of sections 158 to 164 of the Land and Income Tax Act 1954, a Maori incorporation within the meaning of this Part of this Act shall be deemed to be a Maori authority and the income derived by the incorporation shall be deemed to be derived in trust for its shareholders. (2) Parts VIA and VIB of the Land and Income Tax Act 1954 shall not apply to a Maori incorporation.

55 1967, No. 124 Maori Affairs Amendment 865 (3) Section 78A of the Land and Income Tax Act 1954 shall not apply to any amount which is, under subsection (2) of section 160 or subsection (2) of section 161 of that Act, deemed to be income derived by a shareholder of a Maori incorporation. (4) Notwithstanding that any land has, by or pursuant to this Part of this Act, ceased to be Maori land, it shall while it remains vested in a Maori incorporation under this Part, for the purposes of section 75 of the Land and Income Tax Act 1954, be deemed up to and including the thirty-first day of March, nineteen hundred and seventy-three, to remain Maori freehold land held by the incorporation in trust for the shareholders thereof. 73. Repeals-( 1) Part XXII of the principal Act is hereby repealed. (2) The following enactments are hereby consequentially repealed: ( a) Subsections (12) and (13) of section 30 of the Maori Trustee Act 1953: (b) Sections 4 and 5 of the Maori Purposes Act 1957: (c) Sections 5 and 6 of the Maori Purposes Act 1958: ( d) Sections 22 and 23 of the Maori Purposes Act 1959: (e) Section 8 of the Maori Purposes Act 1960: (f) Sections 25 to 28 of the Maori Affairs Amendment Act 1962: (g) Section 3 of the Maori Trustee Amendment Act 1962: (h) Section 9 of the Maori Purposes Act 1963: (i) Section 10 of the Maori Purposes Act 1964: (j) Section 4 of the Maori Purposes Act (3) All references to a body corporate established under Part XXII of the principal Act in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act, shall, unless the context otherwise requires, be read as references to an incorporation within the meaning of this Part of this Act. PART V WILLS AND SUCCESSION 74. Interpretation-In this Part of this Act, unless the context otherwise requires,- "Administration" means probate of the will of a deceased person; and includes letters of administration of the estate of a deceased person, granted with or without

56 866 Maori Affairs Amendment 1967, No. 124 the will annexed, for general, special, or limited purposes; and in the case of the Maori Trustee or the Public Trustee, also includes an order to administer and an election to administer: "Administrator" means any person to whom administration is granted; and includes the Maori Trustee or the Public Trustee in any case where he is deemed to be an executor or administrator by reason of having filed an election to administer: "Maori freehold land" includes land which is vested in the Maori Trustee under. the Maori Vested Lands Administration Act 1954 or the Maori Reserved Land Act Interpretation of wills-the principal Act is hereby amended by repealing section 110, and substituting the following section: "110. Subject to the provisions of this Act, all the provisions of the law relating to the execution, attestation, construction, validity, and effect of the will of a European shall apply to the execution, attestation, construction, validity, and effect of the will of a M aori. " 76. Succession to Maori on intestacy-the persons entitled, on the complete or partial intestacy of a Maori or descendant of a Maori who dies after the commencement of this Act, to succeed to his estate, whether real or personal, and the shares in which they are so entitled, shall be detennined in the same manner as if the deceased person were a European. Provided that the right of any person to succeed to any property of a Maori pursuant to this section shall not be affected by the fact that that person or any person through whom his claim was derived, is or was illegitimate. 77. Maori land to vest in administrator and be available for debts-the beneficial freehold interests in Maori freehold land of any Maori or descendant of a Maori who dies after the commencement of this Act shall vest in the administrator of his estate and form part of the estate, and shall be available for the payment of the debts and liabilities of the deceased to the same extent and in the same manner as if he were a European. 78. Land interests to be subject to estate duty-( 1) Subject to the provisions of this section, the beneficial freehold interests in land (whether Maori freehold land or European

57 1967, No. 124 Maori Affairs Amendment 867 land) of any Maori or descendant of a Maori who dies after the commencement of this Act shall be included in his dutiable estate for the purposes of the Estate and Gift Duties Act 1955, to the same extent and in the same manner as if he were a European: Provided that, notwithstanding the provisions of that Act, the duty chargeable on the estate of any Maori or descendant of a Maori who dies before the first day of April, nineteen hundred and seventy-three, shall not exceed the total amount which would be chargeable by way of duty and of special succession fee under section 131 of the principal Act, if the assets of the deceased of the nature specified in subsection (3) of this section were not included as part of the dutiable estate for the purposes of the Estate and Gift Duties Act 1955, but there was chargeable in respect of each such asset the special succession fee prescribed by subsection (4) of section 131 of the principal Act, as if each such asset were an interest in land comprised in a vesting order of the kind specified in that section. (2) For the purposes of section 5 of the Estate and Gift Duties Act 1955, any gift by a Maori or descendant of a Maori of any property of the nature specified in subsection (3) of this section made at any time before the first day of April, nineteen hundred and seventy-three, and whether before or after the commencement of this Act, shall be deemed to have been made more than three years before his death. (3) The property and assets referred to in the proviso to subsection (1) and in subsection (2) of this section are as follows: ( a) A beneficial freehold interest in Maori freehold land; (b) A beneficial freehold interest in land which, pursuant to Part I of this Act, has ceased to be Maori land; ( c) A holding of shares in an incorporation under Part IV of this Act to the extent that the holding represents the beneficial freehold interest which, if the incorporation were a body corporate under Part XXII of the principal Act, the shareholder would possess in land vested in the incorporation. (4) The Registrar, on the application of the administrator of an estate comprising undivided interests in Maori land to which subsection (1) of this section relates, shall certify as to the value of any such interests and the value so certified shall be accepted for the purposes of the Estate and Gift Duties Act 1955.

58 868 Maori Affairs Amendment 1967, No Probate jurisdiction to revert to Supreme Court-The Maori Land Court shall have no jurisdiction to grant administration of the estate of any Maori who dies after the commencement of this Act, but, subject to the provisions of this Act, the Supreme Court shall have exclusive jurisdiction in respect of any such administration in accordance with the Administration Act so. Family protection jurisdiction-( 1) The Maori Land Court shall have no jurisdiction under the Family Protection Act 1955 in respect of the estate of any Maori who dies after the commencement of this Act, but the jurisdiction of the Supreme Court under that Act shall extend to any such estate. (2) For the purposes of the Family Protection Act 1955 and this section, the estate of a deceased Maori shall include all the real and personal property of which the deceased was the owner, whether legal or equitable, immediately before his death, including his interests in Maori freehold land. (3) For the purposes of the Family Protection Act 1955, a Maori who before the first day of April, nineteen hundred and fifty-two, was married to another Maori in accordance with Maori custom, and whose marriage to the deceased was subsisting at the time of the death of the deceased, shall be deemed to have been the widower or the widow of the deceased unless at the time of the death of the deceased either party was legally married to some other person. 81. Transmission to administrator of interest in Maori land-( 1) This section shall apply to the beneficial freehold interests in Maori freehold land comprised in the estate of any person who dies after the commencement of this Act. (2) On application by the administrator of an estate comprising interests to which this section applies, the Registrar may make an order vesting those interests in the administrator. (3) An application to the Registrar under subsection (2) of this section shall be dealt with by the Registrar without notification or appearance of any party, and, subject to the provisions of this section, the Registrar shall make the order sought as a matter of course. ( 4) Any order made by the Registrar under subsection (2) of this section shall take effect and may be registered under the Land Transfer Act 1952 as if it were an order of the Court.

59 1967, No. 124 Maori Affairs Amendment Sale of undivided interests in Maori land by administrator-( 1) This section shall apply to the beneficial freehold interest, comprised in the estate of any person who dies after the commencement of this Act, in any Maori freehold land which is owned in common by more than one person. (2) Notwithstanding any provision of the principal Act or of any other Act, an administrator shall not transfer any interest to which this section applies by way of sale, otherwise than in association with the remaining owners in common of the land, except as follows: (a) In the manner provided by Part XIII of the principal Act for the purposes of the Conversion Fund established by the said Part XIII or in the manner provided by section 41 c of the Maori Trustee Act 1953 (as inserted by section 128 of this Act) for the purposes of the Reserved and Vested Land Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of this Act: (b) By arrangement or agreement given effect to by an order under section 213 of the principal Act (as substituted by section 90 of this Act): ( c) To the Maori Trustee in the manner provided by and for the purposes of section 61 A of the Maori Vested Lands Administration Act 1954 (as inserted by section 152 of this Act) or, as the case may be, section 9A of the Maori Reserved Land Act 1955 (as inserted by section 155 of this Act). (3) Notwithstanding any provision of law or provision of the will of the deceased owner to the contrary, an administrator shall have power to sell, in any manner permitted by subsection (2) of this section, any interest to which this section applies. 83. Transmission to administrator, etc.-( 1) The transmission to an administrator of a freehold interest in Maori freehold land and the transfer by the administrator of any such interest to any other person (whether a beneficiary in the estate or otherwise) shall not be deemed to be aiienations of Maori land by way of transfer by a Maori for the purposes of Part XIX of the principal Act so as to require confirmation thereunder. (2) Any such transmission and any such transfer to or by an administrator shall be produced to the Registrar for a memorial thereof to be made in the records of the Maori Land

60 870 Maori Affairs Amendment 1967, No. 124 Court, and the District Land Registrar shall not accept any such transmission or transfer for registration under the Land Transfer Act 1952 unless it bears an endorsement by the Registrar of the Maori Land Court to the effect that the instrument has been recorded in the records of the Maori Land Court. 84. Interests of owners of Maori land deceased before commencement of Act, to vest in Maori Trustee on 1 April ( 1) The provisions of this section shall apply with respect to any beneficial freehold interest in Maori freehold land which forms part of the estate, whether testate or intestate, of any person who has died before the commencement of this Act, if, before the first day of April, nineteen hundred and seventy-three, the interest has not been vested in the persons beneficially ent,itled thereto or in a trustee for any such persons by a succession order or vesting order or other order of the Court, or has not by some other means been lawfully transmitted or conveyed to the administrator of the estate or to some other person. (2) Every interest to which this section applies shall, on the first day of April, nineteen hundred and seventy-three, vest in the Maori Trustee to be dealt with in accordance with the provisions of this section. (3) The Maori Trustee may, at any time thereafter, sign and seal a certificate that any such interest or interests have vested in him by the operation of this section, which certificate shall be accepted by all Courts and persons as sufficient evidence of the contents thereof. (4) Upon the filing in the Court of a certificate by the Maori Trustee under subsection (3) of this section, the Registrar shall enter in his records a memorial that the interest to which the certificate relates has vested in the Maori Trustee under this section. ( 5) Upon the presentation to him of a certificate by the Maori Trustee under subsection (3) of this section, the District Land Registrar shall enter in his register a memorial that the interest to which the certificate relates has vested in the Maori Trustee under this section. (6) The Maori Trustee shall, subject to the provisions of this section, hold any interest vested in him by this section, or the proceeds of the alienation thereof upon trust for the persons beneficially entitled thereto and shall, on the request of those persons or of the personal representative of the deceased former owner, convey the interest, as provided by

61 1967, No. 124 Maori Affairs Amendment 871 subsection (9) of this section or pay the proceeds to the persons or to the personal representative as aforesaid. (7) The Maori Trustee may from time to time after the commencement of this Act, publish in the same manner as a list of unclaimed money under section 30 of the Maori Trustee Act 1953, a list of interests vested in him by this section, showing the name of the former owner of the interest, and the name of the land in which the interest is situated. (8) Except as provided in subsection (12) of this section, the Maori Trustee shall not sell or transfer any interest vested in him by this section unless the interest has been included in a list published pursuant to subsection (7) of this section at least twelve months before the sale or transfer, and no request for the vesting of the interest has been established by the persons beneficially entitled thereto or the personal representative of the deceased formed owner: Provided that the inclusion in a list of unclaimed money published under section 30 of the Maori Trustee Act 1953 of money derived from that interest shall be deemed to constitute publication in a list published pursuant to subsection (7) of this section. (9) An interest vested in the Maori Trustee by this section may be conveyed to the persons beneficially entitled thereto by means of a vesting order of the Court under section 213 of the principal Act (as substituted by section 90 of the Maori Affairs Amendment Act 1967) and subject to the provisions of that section. ( 10) Any interest which is vested in the Maori Trustee by this section may, subject to the provisions of subsection (8) of this section, be sold by him or may be acquired by him in his capacity as custodian of the Conversion Fund established by Part XIII of the principal Act, or of the Reserved and Vested Land Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of this Act) at a price fixed by him in accordance with subsection (11) of this section. ( 11) The price fixed by the Maori Trustee under subsection ( 10) of this section shall be not less than the appropriate proportion of the value of the land in which the interest is comprised as shown in the district valuation roll for the time being in force under the Valuation of Land Act 1951 together with the appropriate proportion of the value, assessed by such means as, in the opinion of the Maori Trustee, are appropriate, of any timber, flax, minerals, or other thing of a substantial value attached to or forming part of the land of

62 872 Maori Affairs Amendment 1967, No. 124 which the Maori Trustee is aware and of any personal property to which the owners of the land are by virtue of their ownership deemed to be entitled. ( 12) The Maori Trustee shall have, in respect of any interest vested in him by this section, power to join with the remaining owners in common of the land in which the interest is comprised, in the execution of any instrument of alienation affecting the whole of the land, and the power to vote upon any proposed resolution in relation to the land which is submitted to a meeting of owners under Part XXIII of the principal Act. 85. Evidence of death-( 1) Before signing and sealing a certificate under subsection (3) of section 84 of this Act in respect of the interest of any person, the Maori Trustee shall be satisfied by such evidence as is acceptable to him that that person has in fact died before the first day of April, nineteen hundred and sixty-eight. (2) The effect of a certificate signed and sealed by the Maori Trustee under subsection (3) of section 84 of this Act shall not in any case be affected by the establishment of the fact that the person owning the interest to which the certificate relates did not die before the first day of April, nineteen hundred and sixty-eight, but in any such case the Maori Trustee shall be deemed to hold the interest or the proceeds thereof for that person as the beneficial owner thereof. ( 3) The deceased owner of any interest in land which has been vested in the Maori Trustee by section 84 of this Act shall, unless and until the contrary is proved to the satisfaction of the Maori Trustee, be deemed to have been a Maori or the descendant of a Maori. (4) Where it is proved to the satisfaction of the Maori Trustee that the deceased owner of any interest which has been vested in the Maori Trustee by this section is not a Maori or the descendant of a Maori, the Maori Trustee shall, on the application of the administrator of the estate of the deceased owner, transfer the interest or pay the proceeds thereof to the administrator. (5) Subject to the provisions of subsections (3) and (4) of this section, the persons beneficially entitled to any interest vested in the Maori Trustee by section 84 of this Act and the shares in which they are so entitled shall be ascertained by the Maori Trustee as follows: ( a) In accordance with the terms of any will disposing of the interest of which the records of the Court disclose that probate has been duly granted:

63 1967, No. 124 Maori Affairs Amendment 873 (b) In any other case, in accordance with Maori custom as modified by section 117 of the principal Act. (-6) In ascertaining the persons beneficially entitled to any interest in accordance with paragraph (b) of subsection (5) of this section, the Maori Trustee may act upon such information and evidence as in his opinion is relevant. (7) Notwithstanding anything to the contrary in the Estate and Gift Duties Act 1955, an interest vested in the Maori Trustee by this section shall not, for the purposes of that Act, be deemed to form part of the estate of the deceased owner. 86. Succession to shareholders in incorporation deceased before first day of April, nineteen hundred and sixty-eight (I) This section shall apply to shares in an incorporation under Part IV of this Act, registered in the name of any person who has died before the first day of April, nineteen hundred and sixty-eight. (2) The Court may at any time before the first day of April, nineteen hundred and seventy-three, determine the persons legally entitled to succeed to any such shares and the proportions in which they shall hold the same, in the same manner and to the same extent as if the shares were the corresponding beneficial freehold interest in land vested in the incorporation, which land was before the coming into force of Part IV of this Act or before the constitution of the incorporation, Maori freehold land, and as if that land had remained and was at the date of determination, Maori freehold land, or may exercise in respect thereof any of the powers contained in section 133 of the principal Act. (3) A determination or other order made pursuant to this section shall on presentation to the incorporation be dealt with by the incorporation as if it were a duly executed form of share transfer, valid in all respects, transferring the shares therein specified from the deceased shareholder to the persons and in the proportion therein specified. (4) For the purposes of section 131 of the principal Act, shares affected by any order made pursuant to this section shall be deemed to be the corresponding beneficial freehold interest in Maori freehold land as specified in subsection (2) of this section and an order determining the persons entitled to such shares shall be deemed to be a vesting order in respect thereof made under subsection (4) of section 136 of the principal Act. ( 5) On and after the first day of April, nineteen hundred and seventy-three, the persons legally entitled to succeed

64 874 Maori Affairs Amendment 1967, No. 124 to any shares to which this section applies and the proportions in which they are so entitled, may be ascertained by the incorporation as follows: ( a) In accordance with the terms of any will disposing of the former interest in Maori freehold land currently represented by the shares; or (b) In any other case in accordance with Maori custom as modified by section 117 of the principal Act. (6) The incorporation shall in respect of any shares of which it has made a determination under subsection (5) of this section amend the share register in such manner as to give effect to the determination by transferring the shares to the persons found to be entitled thereto. (7) Notwithstanding anything to the contrary in the Estate and Gift Duties Act 1955, shares dealt with pursuant to subsections (5) and (6) of this section, shall not, for the purposes of that Act, be deemed to form part of the estate of the deceased owner. 87. Part XII and certain provisions of Part XI of principal Act not to apply on and after 1 April 1973-( 1) On the first day of April, nineteen hundred and seventy-three, the provisions of Part XII of the principal Act and of Part II of the Maori Reserved Land Act 1955 shall, subject to the provisions of section 10 of this Act, cease to have any force or effect, and no jurisdiction thereunder shall be exercised by the Court on and after that day except as far as may be necessary for the disposal of any matter which at that date is properly before the Court. (2) On the first day of April, nineteen hundred and seventythree, sections 115, 116, 117, 118, 125, 126, 128, 129, 130, 131, 132, and 132A of the principal Act (all of which sections fall within Part XI of that Act) shall cease to have any force or effect and no jurisdiction under any of those sections shall be exercised by the Court on and after that day except as far as may be necessary for the disposal of any matter which at that date is properly before the Court: Provided that the effect of sections 116 and 117 of the principal Act shall enure for the purposes of section 10, subsection (5) of section 85, and subsection (5) of section 86 of this Act. (3) On and after the first day of April, nineteen hundred and seventy-three, the Supreme Court shall have exclusive jurisdiction to grant administration of the estate of any Maori who has died before the date of the commencement

65 1967, No. 124 Maori Affairs Amendment 875 of this Act, if, before the first mentioned date, administration has not been granted, and shall have exclusive jurisdiction in respect of the estate, under the Family Protection Act ( 4) On and after the first day of April, nineteen hundred and seventy-three, the Supreme Court may, in respect of the estate of any Maori of whose estate a grant of administration has previously been made by the Maori Land Court, exercise any jurisdiction which it might exercise if the grant of administration had been made by the Supreme Court. 88. Consequential amendments to principal Act-( 1) Sections 111, 112, 114, 127, and 145 of the principal Act are hereby repealed. (2) Section 115 of the principal Act is hereby amended by inserting after the word "Maori" where it first occurs in subsection (1) and in subsection (2), the words, "who has died before the first day of April, nineteen hundred and sixty-eight." (3) Section 116 of the principal Act is hereby amended by' inserting in subsection (1), after the words "intestacy of a Maori", and in subsection (3), after the words "descendant of a Maori", the words "who has died before the first day of April, nineteen hundred and sixty-eight". ( 4) Section 117 of the principal Act is hereby amended by inserting in subsection (1), after the words "intestacy of a Maori or the descendant of a Maori", and in subsection (2), after the words "descendant of a Maori", the words "who has died before the first day of April, nineteen hundred and sixty-eight". (5) Section 118 of the principal Act (as substituted by section 8 of the Maori Affairs Amendment Act 1962) is hereby amended by inserting in subsection (2), after the words "deceased Maori", the words "who has died before the first day of April, nineteen hundred and sixty-eight". ( 6) Section 125 of the principal Act is hereby amended by inserting in subsection ( 1 ), after the words "a deceased Maori", the words "who has died before the first day of April, nineteen hundred and sixty-eight". (7) Section 126 of the principal Act is hereby amended by inserting in subsection (1), after the words "in its discretion,", the words "in respect of the estate of any Maori who has died before the first day of April, nineteen hundred and sixty-eight,". B-4

66 876 Maori Affairs Amendment 1967, No. 124 (8) Section 128 of the principal Act is hereby amended by inserting in subsection (1), after the words "any deceased Maori", the words "probate of the will or administration of the estate of whom has been granted by the Court,". (9) Section 129 of the principal Act is hereby amended by inserting in subsection (1), after the words "executor or administrator", the words "appointed by the Court". ( 1 0) Section 130 of the principal Act is hereby amended by inserting in subsection ( 1 ), after the words "a deceased Maori", the words "who has died before the first day of April, nineteen hundred and sixty-eight". (11) Section 131 of the principal Act is hereby amended by omitting from subsection (1) the words "shall, on the death of the owner, be computed" and substituting the words "shall, if the owner has died before the first day of April, nineteen hundred and sixty-eight, be computed". (12) Section 132 of the principal Act is hereby amended as follows: ( a) By omitting from subsection (1) the words "shall on his death", and substituting the words "shall, if the owner has died before the first day of April, nineteen hundred and sixty-eight": (b) By omitting from subsection (2) the words "dies or has heretofore died", and substituting the words "has died before the first day of April, nineteen hundred and sixty-eight". (13) Section 132A of the principal Act (as inserted by section 7 of the Maori 'Purposes Act 1960) is hereby amended by inserting in subsection (2), after the words "before his death", the words "occurring before the first day of April, nineteen hundred and sixty-eight". ( 14) Section 133 of the principal Act is hereby amended by adding after subsection (7) (as inserted by section 4 of the Maori Purposes Act 1955) the following subsection: "( 8) Nothing in this Part of this Act shall apply to the interest in Maori freehold land of any person who dies on or after the first day of April, nineteen hundred and sixty-eight (being the date of commencement of the Maori Affairs Ameri.dment Act 1967)." 89. Consequential amendments to other enactments (1) Section 5 of the Administration Act 1952 is hereby amended by inserting in subsection (1), after the words "other than the Public Trustee", the words "or the Maori Trustee".

67 1967, No. 124 Maori Affairs Amendment 877 (2) Section 13 of the Maori Trustee Act 1953 is hereby amended by omitting from subsection (4) the words "( other than Maori freehold land) ". (3) Section 39 of the Estate and Gift Duties Act 1955 is hereby amended by inserting in subsection ( 5 ), after the words "Public Trustee", the words "or the Maori Trustee". ( 4) Section 17 of the Maori Reserved Land Act 1955 is hereby amended as follows- (a) By inserting in subsection (1), after the words "or a European", the words "who has died before the first day of April, nineteen hundred and sixty-eight". (b) By adding the following subsection: " (3) The provisions of this Part of this Act shall be read subject to the provisions of Part V of the Maori Affairs Amendment Act 1967 by which it is provided that the firstmentioned provisions shall cease to have any force or effect and shall no longer apply on and after the first day of April, nineteen hundred and seventy-three, save to the extent necessary for the completion of any matter which, at that date, is properly before the Court, or the completion of the administration of any estate which, at that date, is in the course of administration." (5) Section 24 of the Maori Reserved Land Act 1955 is hereby repealed. ( 6) Section 25 of the Maori Reserved Land Act 1955 is hereby amended by omitting from subsection (1) the words "possessed by any Maori or descendant of a Maori in any reserved land", and substituting the words "in any reserved land possessed by any Maori or descendant of a Maori who has died before the first day of April, nineteen hundred and sixty-eight". (7) The following enactments are hereby consequentially repealed. (a) Section 9 of the Maori Affairs Amendment Act 1962: (b) Section 3 of the Maori Purposes Act 1963: (c) Section 6 of the Maori Purposes Act PART VI PROVISIONS RELATING TO ALIENATIONS 90. Vesting orders transferring interests in land-the principal Act is hereby amended by repealing section 213, and substituting the following section: "213. (1) Subject to the provisions of this section and of the Maori Vested Lands Administration Act 1954 and the B-4*

68 878 Maori Affairs Amendment 1967, No. 124 Maori Reserved Land Act 1955, the Court may, for the purpose of giving effect to any arrangement or agreement between the parties concerned, make a vesting order for the transfer to any person of the freehold interest, whether legal or equitable, of an owner in common of Maori freehold land. For the purposes of this subsection the term 'owner' includes any person holding an interest as aforesaid in a representative capacity whether as executor, administrator, or trustee, and the Official Assignee and the Maori Trustee. "(2) No order shall be made under this section which: " (a) Vests in any person, other than one already possessing an interest in the same land, an interest which, in the opinion of the Court, is of a value less than fifty dollars; or "(b) If the total interest of the former owner is, in the opinion of the Court, of a value less than fifty dollars, does not vest the whole of that interest ill one person. "(3) In any case where, on an application for the vesting under this section of an interest which is, in the opinion of the Court, of a value less than fifty dollars the agreement of the parties is evidenced in writing on the form of application or attached thereto, the Court shall subject to subsection (2) of this section proceed without notification and without hearing the parties or any of them to make a vesting order accordingly. "( 4) Subject to the provisions of subsection (2) of this section, an order may be made vesting an interest of the nature specified in subsection (1) of this section, held by any person in a representative capacity, in the persons beneficially entitled thereto or in some other person acting in a representative capacity for those persons or the person through whom they claim. On application by the executor or other person holding the interest in a representative capacity as aforesaid the Court shall proceed without notification and without hearing the parties or any of them to make an order vesting the interest in the person or persons named in the application and in the proportions therein specified. " ( 5) In any case where the provisions of subsections (3 ) or (4) of this section do not apply a vesting order shall, subject to subsection (2) of this section, be made if the Court is satisfied- "(a) That the effective transfer of the interest by act of the parties would be impracticable or disproportionately expensive; and

69 1967, No. 124 Maori Affairs Amendment 879 "(b) That, having regard to the relationship (if any) of the parties and to any other special circumstances of the case, the consideration (if any) for the transfer is adequate. " (6) The provisions of sections 227 A (as inserted by section 100 of the Maori Affairs Amendment Act 1967), 228, and 229 of this Act shall apply to every application for a vesting order under subsection (5) of this section, as if the application were an application for the confirmation of an instrument of alienation for the transfer of the same interest by the same alienor to the same alienee. " (7) Where any payment of consideration is provided for by the arrangement or agreement, the Court, unless satisfied that payment has been duly made, shall make any order under this section subject to the production of evidence of payment to the person entitled, or, as the Court thinks fit, to the Maori Trustee on his behalf. "(8) Nothing in the Land Settlement Promotion Act 1952 shall apply to the disposition of any interest in land by means of a vesting order made under this section." 91. Conveyance duty on vesting orders-section 214 of the principal Act is hereby amended by adding the following subsection: "( 6) Nothing in this section shall apply to any order whereby any interest in land held by any person in a representative capacity is vested in the person or persons beneficially entitled thereto or in some other person acting in a representative capacity for such persons or the persons through whom they claim." 92. Restriction on alienation of land owned by more than ten owners-the principal Act is hereby amended by repealing section 215, and substituting the following section: "215. (1) Where any Maori freehold land is owned for a legal estate in fee simple by more than ten owners as tenants in common, no owner thereof shall be capable of making any alienation thereof except as follows: "(a) As provided in section 213 of this Act (as substituted by section 90 of the Maori Affairs Amendment Act 1967); or "(b) To the Conversion Fund established by Part XIII of this Act; or

70 880 Maori Affairs Amendment 1967, No. 124 "( c) To the Reserved and Vested Land Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of the Maori Affairs Amendment Act 1967; or " ( d) As provided by Part XXIII of this Act. " (2) Land shall be deemed to be owned in the manner specified in subsection (1) of this section if the records of the Court in respect thereof disclose that it is owned for an estate in fee simple by more than ten owners as tenants in common and that no person other than those owners is entitled to be registered as the proprietor thereof under the Land Transfer Act 1952." 93. Alienation of equitable interests-section 216 of the principal Act is hereby amended by inserting, at the commencement of subsection (1), the words "Except as far as is otherwise provided by the Maori Vested Lands Administration Act 1954 or the Maori Reserved Land Act 1955". 94. Repeal of provisions relating to disposition of revenues and sale of timber-sections 217 and 218 of the principal Act are hereby repealed. 95. Disposition of life estate-section 219 of the principal Act is hereby amended as follows: (a) By omitting the words "or other disposition", and substituting the words "by way of transfer or agreement to transfer": (b) By inserting, after the words "alienation of Maori land", the words "by way of transfer". 96. Alienations by trustees-section 220 of the principal Act is hereby amended by repealing the proviso thereto. 97. New sections inserted-the principal Act is hereby further amended by repealing section 222, and substituting the following sections: "222. Execution of instruments-( 1) Every alienation of Maori land by a Maori by way of transfer shall be effected by an instrument in writing executed by the Maori alienating. In the case of an agreement to alienate by way of transfer, the instrument shall be executed by the parties to be bound thereby. "( 2) The date of execution of any instrument of alienation of Maori land by a Maori by way of transfer shall be stated

71 1967, No. 124 Maori Affairs Amendment 881 in the instrument, and, where the instrument is executed on different dates by several alienors, the date of execution by every such alienor shall be stated in the instrument. "222A. Rectification of instruments-nothing in this Part of this Act shall exclude the jurisdiction of the Supreme Court, in any case in which an instrument of alienation has been duly confirmed, to order the rectification of that instrument in accordance with the true intent of the parties in the same manner as if the instrument had been made between Europeans; and in any such case no further confirmation shall be required. " 98. Confirmation limited to transfers-( 1) Section 224 of the principal Act is hereby amended by inserting in subsection (1) after the words "Maori land", the words "by way of transfer". (2) Section 224 of the principal Act is hereby further amended by adding the following subsection: "( 3) In this section and in sections 227, 227 A, 228, 230, and 318 of this Act, the expression 'alienation by way of transfer' includes any agreement to alienate by way of transfer." 99. Consequential amendments-section 225 of the principal Act is hereby amended as follows: ( a) By inserting in subsection (1), after the words "Maori land", the words "by way of transfer": (b) By inserting in subsection (2), after the words "any alienation", the words "by way of transfer": (c) By inserting in subsection (3), after the words "instrument of alienation", the words "by way of transfer". loo. New sections inserted-the principal Act is hereby amended by repealing section 227, and substituting the following sections: "227. Conditions of confirmation-( 1) Except as otherwise provided in this section, no alienation by way of transfer shah be confirmed unless the Court is satisfied that, having regard to the relationship (if any) of the parties and to any other special circumstances of the case, the consideration (if any) for the transfer is adequate and that the alienation, if completed, will not result in the undue aggregation of farm land. " (2) In the course of determining if an alienation would result in the undue aggregation of farm land, the Court shall have power to determine (in conformity, as far as

72 BB2 Maori Affairs Amendment 1967, No. 124 may be possible. with the relevant provisions of the Land Settlement Promotion Act 1952) whether the land affected by the alienation is farm land and shall have regard to the several matters that a Land Valuation Committee is, by Part 11 of that Act, required to consider in relation to applications made to the Land Valuation Court for its consent to transactions to which the said Part 11 is applicable. " (3) If the Court is satisfied as to the matters referred to in subsection (1) of this section a certificate of confirmation shall be granted as a matter of right. "( 4) No certificate of confirmation shall be questioned or invalidated on the ground of any error or irregularity in the procedure pursuant to which it was applied for or granted. "227 A. Consideration for alienation-( 1) Subject to the provisions of subsection (2) of this section, the consideration for any alienation of Maori land by way of transfer shall, for the purposes of subsection (1) of section 227 of this Act, be deemed to be adequate if the purchase money is not less than the amount of the capital value of the land as disclosed by the special valuation of the land made pursuant to section 22B of this Act, with the addition of fifteen percent thereof. " (2) The provisions of subsection (1) of this section shall not apply in any case where the Court has reason to believe that there is upon the land to be alienated any mill able timber, minerals, or other valuable thing, or in any case where the special valuation of the land discloses a value greater than ten thousand dollars. "(3) Where on the lodging of an application for confirmation, the Court is satisfied from an examination of the application, the instrument of alienation, and the special valuation that the consideration is deemed to be adequate in accordance with subsection (1) of this section, the Court shall proceed to exercise its jurisdiction without notification and without hearing any person. " ( 4) In any case where confirmation is to be granted by the Court as a matter of right under section 232 of this Act (as substituted by section 105 of the Maori Affairs Amendment Act 1967), the Court's jurisdiction may be exercised without notification or hearing. " ( 5) In all other cases the application shall be set down for hearing and dealt with in accordance with Rules of Court and the ordinary practice and procedure of the Court.

73 1967, No. 124 Maori Affairs Amendment 883 "227B. Purchase money to be paid to Maori Trustee Notwithstanding the provisions of section 227 and section 227 A of this Act, no certificate of confirmation shall be signed and sealed unless the purchase money (if any) payable in respect of the transaction confirmed has, pursuant to section 231 of this Act (as substituted by section 104 of the Maori Affairs Amendment Act 1967), been paid to the Maori Trustee." 101. Special valuation for confirmation purposes-(1) Section 228 of the principal Act is hereby amended by inserting in subsection (1), after the words "confirmation of an instrument of alienation", the words "by way of transfer". (2) Section 228 of the principal Act is hereby further amended by inserting at the beginning of subsection (3) the words "Subject to the provisions of section 227 A of this Act," Modification of terms of alienation-section 229 of the principal Act is hereby amended by omitting from subsection ( 1) the words "in the terms of the alienation (whether by way of an increase of the amount payable as purchase money, as interest, or rent, or otherwise howsoever)," and substituting the words "by way of an increase in the amount payable as purchase money" Protection of tenant-section 230 of the principal Act is hereby amended as follows: ( a) By omitting the words "by sale or lease", and substituting the words "by way of transfer": (b) By omitting the words "to sell or lease the land, as the case may be, to the existing tenant at a price or rental not exceeding the price or rental", and substituting the words "to sell the land to the existing tenant at a price not exceeding the price" Proceeds of alienation to be paid to Maori Trustee The principal Act is hereby further amended by repealing section 231, and substituting the following section: "231. (1) Subject to the provisions of this section, all proceeds derived from any alienation of Maori land, excepting an alienation by way of mortgage, whether or not the alienation is required by this Part of this Act to be confirmed by the Court, shall be paid to the Maori Trustee, and his receipt

74 884 Maori Affairs Amendment 1967, No. 124 shall be a sufficient discharge for all such proceeds received by him. " (2 ) Nothing in this section shall apply to the proceeds of any alienation which- " (a) Is effected by a vesting order under section 213 of this Act (as substituted by section 90 of the Maori Affairs Amendment Act 1967); or "(b) Relates to an equitable interest in Maori land which is vested in the Maori Trustee under the Maori Vested Lands Administration Act 1954 or the Maori Reserved Land Act 1955; or " ( c) Is effected by the Official Assignee or by any person as the trustee, executor, or administrator of an owner, otherwise than by an instrument separately executed by more than one person in respect of the several interests in the same land of more than one owner in common. "(3) All money received by the Maori Trustee pursuant to this section shall, after the making of all proper deductions, be distributed by him to the persons entitled thereto. "( 4) All money payable to the Maori Trustee pursuant to this section shall, as it becomes due and payable, constitute a debt due to the Maori Trustee and shall be recoverable accordingly. "( 5) For his services in respect of money received under this section the Maori Trustee shall be entitled to commission at a rate determined in accordance with the provisions of the Maori Trustee Act 1953, and any such commission shall be payable by the alienee and shall be recoverable by the Maori Trustee as a debt due to him by the alienee." 105. Confirmation as of right-the principal Act is hereby amended by repealing section 232, and substituting the following section: "232. When any valid agreement for sale and purchase has been duly confirmed, the confirmation of any transfer in pursuance of that agreement shall be granted as a matter of right and without notification." 106. Instruments to be produced to Registrar-The principal Act is hereby amended by repealing section 233, and substituting the following section: "233. (1) No alienation of Maori freehold land which is not by this Part of this Act required to be confirmed by the Court shall have any force or effect unless and until the

75 1967, No. 124 Maori Affairs Amendment 885 instrument by which the alienation is effected has endorsed thereon a memorial that it has been produced to the Registrar and has been noted in the records of the Court. "(2) An additional copy of the instrument of alienation shall at the time of its production to the Registrar for the purposes of subsection (1) of this section be lodged with the Registrar for transmission to the Maori Trustee for the purposes of the recovery, pursuant to section 231 of this Act, of the proceeds derived from the alienation." 107. Leases where land owned in common-(l) The principal Act is hereby amended by inserting, after section 234, the following section: "234A. (1) No lease of the freehold interest in Maori freehold land of any owner in common shall be of any force or effect unless the interests of all the owners in common are included in the lease, or unless the lease, if to an owner in common as lessee, affects the interests of all the owners in common, other than the lessee. " (2 ) For the purposes of this section the term 'lease' includes an agreement to lease." (2) Nothing in this section shall invalidate any lease executed before the commencement of this Act Term of leases of Maori land-section 235 of the principal Act is hereby amended as follows: ( a) By inserting in subsection (1), after the words "of lease", the words "otherwise than by the owners under Part XIX of this Act or pursuant to a resolution of assembled owners under Part XXIII of this Act": (b) By omitting from subsection (1) the word "fifty", and substituting the word "forty-two" Compensation provisions-sections 242 and 243 of the principal Act are hereby repealed Valuation for compensation purposes-8ection 244 of the principal Act is hereby amended as follows: (a) By inserting in subsection (1), after the words "any farm lease", the words "to which this section applies": (b) By inserting, after subsection (1), the following subsection:

76 886 Maori Affairs Amendment 1967, No. 124 " ( la) This section applies- "(a) To any farm lease providing for the payment of compensation for improvements which was granted on or after the first day of February, nineteen hundred and fifty-one, and before the first day of April, nineteen hundred and sixty-eight; and "(b) To any farm lease providing for the payment of compensation for improvements which stipulates that the value of improvements shall be computed in the manner provided by this section." 111. Compensation fund from rents-sections 246, 247, and 248 of the principal Act are hereby repealed Record of improvements-section 249 of the principal Act is hereby amended by repealing subsection (l), and substituting the following subsections: "( 1) Any fann lease providing for the payment of compensation for improvements may stipulate 'that a record of the state and condition of the land and of any improvements existing thereon as at the commencement of the lease, and a valuation of the land, shall be made in accordance with this section. "(la) On the request of any party to any such lease made within two months after the grant thereof, the Maori Trustee shall cause to be made, in such manner as he thinks fit, the record referred to in subsection (1) of this section and a valuation under subsection (2) of this section." 113. Savings provision-notwithstanding the repeal or amendment by this Act of sections 242, 244, 246, 247, 248, and 249 of the principal Act, the provisions of those sections of the principal Act shall continue to apply, as if this Act had not been passed, to all farm leases providing for the payment of compensation for improvements which were subject to those provisions immediately before the commencement of this Act, and to the recording and valuation of improvements, the payment and disposition of rentals, and the ascertainment and payment of compensation under any such leases Part not to apply to Maori incorporations-section 304 of the principal Act is hereby amended by omitting from subsection (2) the words "in a body corporate of owners or".

77 1967, No. 124 Maori Affairs Amendment Money in hands of Maori Trustee-Section 315 of the principal Act is hereby amended by inserting in paragraph (f) of subsection (1), after the words "Maori Trustee", the words "or any money which may in future be received by h un. " 116. New sections inserted-the principal Act is hereby amended by repealing section 318 and substituting the following sections: "318. Confirmation of resolutions for alienation of land (1) No resolution for the alienation of any land shall be confirmed unless the Court is satisfied that, having regard to the relationship (if any) of the proposed alienee to the owners or any of them and to any other special circumstances of the case, the consideration (if any) for the alienation is adequate and that the alienation, if completed, will not result in the undue aggregation of farm land. "(2) For the purpose of determining if an alienation would result in the undue aggregation of farm land, the Court shall have power to determine (in conformity, as far as may be possible, with the relevant provisions of the Land Settlement Promotion Act 1952) whether the land affected by the alienation is farm land, and shall have regard to the several matters that a Land Valuation Committee is, by Part II of that Act, required to consider in relation to appli.cations made to the Land Valuation Court for its consent to transactions to which the said Part II is applicable. " (3) Except as may be otherwise provided by Rules of Court or unless exemption from the requirements of this subsection is granted by the Court, every application for the.confirmation of a resolution for the alienation of land to any person other than the Crown shall be supported by a special valuation of the land to which the resolution relates. Every special valuation made for the purposes of this section shall be made by the Valuer-General, and shall be transmitted by him to the Court. " ( 4) For every valuation made by the Valuer-General for the purposes of this section there shall be paid by the proposed alienee a fee to be fixed by the Valuer-General. " ( 5) In determining the adequacy of the consideration the Court shall have regard to the valuation made by the Valuer -General as aforesaid, but, except as provided by subsection (6) of this section, shall not be bound to determine the adequacy of the consideration in conformity with that valuation.

78 888 Maori Affairs Amendment 1967, No. 124 "(6) In the case of a resolution for the alienation of any land by way of transfer, the consideration shall, for the purposes of subsection (1) of this section, be deemed to be adequate if the purchase money stipulated in the resolution is not less than the amount of the capital value of the land as disclosed by the special valuation of the land made pursuant to subsection (3) of this section with the addition of fifteen percent thereof: "Provided that this subsection shall not apply in any case where the Court has reason to believe that there is upon the land to be alienated any millable timber, minerals, or other valuable thing, or in any case where the special valuation of the land discloses a value greater than ten thousand dollars. "318A. Modification in favour of owners-if on the hearing of an application for confirmation of a resolution it appears to the Court that some modification in favour of the Maori owners should in justice be made in the terms of the resolution by way of an increase of the consideration payable to the owners under the resolution, the Court may, with the consent of the alienee, modify the terms of the resolution, and may confirm the same as modified. "318B. Leases with compensation provisions-( 1) No resolution for the leasing of land upon terms providing for the payment to the lessee of compensation for improvements shall be confirmed unless the Court is satisfied as to the following matters- "( a) That the land does not have upon it any significant improvements and cannot be leased profitably and to the benefit of the owners otherwise than on tenns providing for the payment of compensation for improvements; and "(b) That the tenns of the resolution provide with certainty for the identification of the improvements for which compensation is to be paid and for the means of ascertainment of the amount of the compensation. "(2) If on hearing an application for confirmation of a resolution under subsection (1) of this section the Court is not satisfied as to the matters set out in paragraphs (a) and (b) of that subsection, it may, with the consent of the alienee, modify the terms of the resolution by omitting the provisions as to compensation for improvements or by amending those provisions to meet the Court's requirements in relation to the said paragraph (b), and may confirm the same as modified.

79 1967, No. 124 Maori Affairs Amendment 889 " (3) A resolution for the leasing of land upon terms providing for the payment to the lessee of compensation for improvements may stipulate that a record of improvements and a valuation of the land as at the commencement of the lease shall be made in accordance with the provisions of section 249 of this Act, and that the compensation payable shall be assessed in accordance with the provisions of section 244 of this Act. "( 4) On confirming any resolution for the leasing of land upon terms providing for the payment to the lessee of compensation for improvements, the Court shall order that a proportion of the rental payable under the lease (not exceeding in any case half thereof) shall be retained by the Maori Trustee as a sinking fund for the payment of that compensation. " 117. New sections inserted-the principal Act is hereby further amended by inserting, after section 325, the following sections: "325A. Proceeds of alienation-the proceeds of any alienation of land effected by the Maori Trustee pursuant to a confirmed resolution under this Part of this Act shall be paid to the Maori Trustee, and the provisions of subsections (3), ( 4 ), and (5) of section 231 of this Act (as inserted by section 104 of the Maori Affairs Amendment Act 1967) shall apply to all such proceeds as if they were money received by or payable to the Maori Trustee under that section. "325B. Payment of compensation-( 1) The provisions of this section shall apply in any case where, on confirmation of a resolution to lease, the Court has, pursuant to subsection (4) of section 318B of this Act (as inserted by section 116 of the Maori Affairs Amendment Act 1967), ordered that a proportion of the rental payable under the lease should be retained by the Maori Trustee as a sinking fund for the payment of compensation for improvements. " (2) After deducting from the rent all money properly deductible, the Maori Trustee shall invest in the Common Fund of the Maori Trustee's account that proportion of the residue which the Court has ordered shall be retained as a sinking fund, and shall distribute the remainder to the owners or other persons for the time being entitled to it. "( 3) Money invested in the Common Fund pursuant to subsection (2) of this section shall there accumulate with interest thereon at the rate from time to time determined by

80 890 Maori Affairs Amendment 1967, No. 124 the Governor-General in Council pursuant to the provisions in that behalf of the Maori Trustee Act "( 4) When the compensation for improvements becomes payable under any lease of which part of the rental is, in accordance with the provisions of this section, retained by the Maori Trustee as a sinking fund, the Maori Trustee shall pay to the lessee from the money accumulated for that purpose in his Common Fund, the amount of the compensation or the whole of that money, whichever is the lesser. " (5) If the money held as a sinking fund by the Maori Trustee exceeds the amount of the compensation payable, the Maori Trustee shall distribute the excess to the owners or other persons for the time being entitled to it. "( 6) If it appears that the money held by the Maori Trustee as a sinking fund will, at the termination of the lease, be less than the amount of the compensation payable, and some part of that amount will be unpaid, the Maori Trustee, on the demand of the lessee made not later than three months before the date of termination of the expired lease, shall, unless the deficit is otherwise met, grant to the lessee a lease of the land covered by the expired lease in accordance with the provisions of section 325c of this Act (as inserted by section 117 of the Maori Affairs Amendment Act 1967). " (7) Except as provided hy this section, the Maori Trustee shall have no duty, liability, or responsibility whatsoever in respect of the payment of compensation under any lease executed by him as agent of the owners under this Part of this Act on or after the first day of April, nineteen hundred and sixty-eight (being the date of commencement of the Maori Affairs Amendment Act 1967). "(8) The acceptance by any person of a lease granted pursuant to subsection (6) of this section shall be deemed to constitute a complete discharge of the liability of the owners of the land so leased for the payment of any part of the compensation due by them to that person, otherwise than to the extent that provision by way of set off is made in the lease. "325c. New lease where compensation not satisfied (1) Every lease granted pursuant to subsection (6) of section 325B of this Act (as inserted by section 117 of the Maori Affairs Amendment Act 1967) to the lessee of an expired lease under which any part of the compensation remains unpaid shall be for a term of five years from the date of expiry of the lease under which the compensation is payable and shall otherwise be upon the same terms, conditions, and covenants as that expired lease excepting only:

81 1967, No. 124 Maori Affairs Amendment 891 "(a) That the new lease shall contain no provisions for the payment of compensation for improvements: "(b) That the rental reserved by the new lease shall be calculated at the rate of six percent of the capital value of the land as disclosed by a special valuation thereof as at the date of termination of the expired lease: " ( c) That the rental reserved by the new lease shall, to the extent necessary, be deemed to be set off against the unpaid amount of compensation under the expired lease and no rent which could be set off as aforesaid shall be payable or demanded. " (2) The special valuation for the purposes of fixing a rental referred to in paragraph (b) of subsection (1) of this section shall be made by the Valuer-General for the purposes of this section, on the application of the Maori Trustee who shall pay to the Valuer-General the fee fixed in that behalf by the latter. If a special valuation of the land has already been made by the Valuer-General as at the relevant date for the purpose of assessing the amount of compensation payable under the expired lease, that special valuation shall be used for the purposes of this section. "(3) The Maori Trustee shall be the statutory agent of the owners of the land concerned to execute any instrument of lease granted under this section, and any instrument of lease so executed by him shall have the same force and effect as if it had been executed by him pursuant to a confirmed resolution under this Part of this Act. Every instrument of lease so executed by the Maori Trustee shall contain a statement or recital that he is duly authorised to execute the same under this section and every such statement or recital shall be accepted by the District Land Registrar and by all Courts as evidence of the facts so stated or recited. "( 4) For the purposes of Part 11 of the Land Settlement Promotion Act 1952, any lease granted in terms of this section shall be deemed to have been granted pursuant to a provision in the expired lease for the grant of a renewal term." 118. Consequential repeals-the following enactments are hereby repealed: (a) Sections 16, 17, 18, and 24 of the Maori Affairs Amendment Act 1962: (b) Sections 5, 6, and 7 of the Maori Purposes Act 1963.

82 892 Maori Affairs Amendment 1967, No. 124 PART VII PROVISIONS RELATING TO CONVERSION Amendments to Maori Affairs Act 1953 in Respect of Conversion Fund 119. Uneconomic interests-section 142 of the principal Act is hereby amended by adding to subsection (1) (as substituted by subsection (3) of section 10 of the Maori Affairs Amendment Act 1962) the following proviso: "Provided that the Maori Trustee shall not be obliged to make any payment to a beneficiary of an amount less than fifty cents." 120. Payment for interests vested in Maori Trustee-The principal Act is hereby amended by repealing section 143, and substituting the following section: "143. Money payable by the Maori Trustee for interests in land or other property vested in him under this Part of this Act shall be paid as follows: " (a) In the case of interests in land which is vested in the Maori Trustee under the Maori Vested Lands Administration Act 1954, and other property passing with those interests, from the Reserved and Vested Lands Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of the Maori Affairs Amendment Act 1967): "(b) In any other case, from the Conversion Fund established under Part XIII of this Act." 121. Vested and reserved land excluded from operation of Part XIII-Part XIII of the principal Act is hereby amended by inserting, before section 149, the following section: "148A. Nothing in this Part of this Act shall authorise the acquisition, payment for, or disposition by the Maori Trustee of beneficial interests in land which is vested in the Maori Trustee under the Maori Vested Lands Administration Act 1954 or the Maori Reserved Land Act 1955." 122. Payments to Conversion Fund from Consolidated Revenue Account-( 1) Section 149 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:

83 1967, No. 124 Maori Affairs Amendment 893 "( 2) There shall be paid out of the Consolidated Revenue Account into the Conversion Fund such amounts as are, from time to time, appropriated by Parliament for the purpose." (2) Section 149 of the principal Act is hereby further amended by adding the following subsection: "( 4) The Minister of Finance may at any time direct the payment to the Consolidated Revenue Account of such part of the money in the Conversion Fund as in his opinion is no longer necessary for the purposes of that Fund." 123. Costs of survey may he paid from Conversion Fund Section 150 of the principal Act is hereby amended by adding the following subsection: "( 3) The Maori Trustee may, with the consent of the Board of Maori Affairs, payout of the Conversion Fund the costs of survey of any Maori land. Any money so expended shall be a charge on the land in favour of the Maori Trustee, and the provisions of section 49 of the Maori Trustee Act 1953 shall apply accordingly." 124. Maori Trustee may acquire uneconomic interests during exercise of Court's jurisdiction in certain cases-the principal Act is amended by inserting, after section 151, the following section: "151A. (1) The provisions of this section shall apply in any case where the Court exercises its jurisdiction under the following sections of this Act: "(a) Section 181 (relating to the partition of land) : " (b) Section 200 (relating to the carrying into effect of a consolidation scheme) : " ( c) Section 435 (relating to the amalgamation of titles) : " ( d) Section 445 (relating to the issue of consolidated title orders)." "( 2) In any case to which this section applies, the Maori Trustee may give notice to the Court that he desires to acquire interests in the land in respect of which the Court is exercising jurisdiction and requiring the Court to determine what relative interest in the land is, in the Court's opinion, of a value of fifty dollars, and to supply a certificate of any such determination to the Maori Trustee. "(3) On receipt of any determination as aforesaid, the Maori Trustee shall file in the Court a list of the interests in the land which he desires to acquire under this section, being, in each case, of a value not exceeding fifty dollars computed on the basis of the Court's determination.

84 894 Maori Affairs Amendment 1967, No. 124 "( 4) The Court shall, before making any final orders under the jurisdiction which it is exercising, make an order or orders vesting in the Maori Trustee, for the purposes of the Conversion Fund established by Part XIII of this Act, the interests set out in the list filed under subsection (3) of this section. " (5) The Maori Trustee shall in respect of any interest vested in him under this section pay to the former owners thereof the value of the interest assessed on the basis of the Court's determination as aforesaid. "Provided that the Maori Trustee shall not be obliged to make any payment to a former owner of an amount less than fifty cents." 125. Disposition of interests acquired from Conversion Fund-( 1) Section 152 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection: " ( 1) The Maori Trustee, with the consent of the Board of Maori Affairs, may in accordance with this section sell any land or interest in land acquired by him and paid for out of the Conversion Fund, upon such terms as may be approved by the Board." (2) Section 152 of the principal Act is hereby further amended by repealing subsection (3), and substituting the following subsections: " (3) Any other land or interest in land acquired as aforesaid may be sold- "(a) To any Maori or descendant of a Maori; or "(b) To the body corporate of owners of any Maori land under Part XXII of this Act; or "( c) To the Crown for the purposes of the Maori Housing Act 1935 or for the purposes of any scheme for the development of Maori land under Part XXIV of this Act; or "(d) Subject to the provisions of subsection (3A) of this section, to the Crown for any purpose. " (3A ) No land or interest in land shall be sold to the Crown under paragraph (d) of subsection (3) of this section if an offer,. which in the opinion of the Board is an adequate offer, is received therefor from any Maori or descendant of a Maori, or if the opinion of the Board the land or interest should be sold to the Crown for the purposes of Maori housing or Maori land development under paragraph (c) of that subsection; and no such land or interest in land shall in any case be sold under the said paragraph (d) before

85 1967, No. 124 Maori Affairs Amendment 895 the expiration of three years after the date when the Maori Trustee first became the owner of ten percent of the total shares in the land. " (3B) Any shares in an incorporation under Part IV of the Maori Affairs Amendment Act 1967, held by the Maori Trustee as a result of the former acquisition from the conversion fund of an interest in land now vested in the incorporation, may be sold to the incorporation or to another shareholder nominated by it." 126. Consequential amendments-( 1) Section 181 of the principal Act is hereby amended as follows: ( a) By repealing paragraph ( c) of subsection ( 1 ) and subsections (2), (5), and (6) : (b) By omitting from subsection (4) the words "or for the acquisition by the Maori Trustee of any interest under paragraph (c) thereof": ( c) By adding the following subsection: " (8) The provisions of this section shall be read subject to the provisions of section 151A of this Act (as inserted by section 124 of the Maori Affairs Amendment Act 1967) providing for the acquisition of uneconomic interests by the Maori Trustee." (2) Section 200 of the principal Act is hereby amended as follows: ( a) By repealing paragraph (d) of subsection (2) and subsection (4) : (b) By adding the following subsection: " (7) The provisions of this section shall be read subject to the provisions of section 151A of this Act (as inserted by section 124 of the Maori Affairs Amendment Act 1967) providing for the acquisition of uneconomic interests by the Maori Trustee." (3) Section 445 of the principal Act (as amended by sec tion 6 of the Maori Purposes Act 1957) is hereby further amended as follows: (a) By repealing subsections (8), (9), and (10) : (b) By omitting from subsection (11) the words "order made under subsection ( 10) of this section and of any other" : ( c) By adding the following subsection: " ( 12) The provisions of this section shall be read subject to the provisions of section 151A of this Act (as inserted by section 124 of the Maori Affairs Amendment Act 1967) providing for the acquisition of uneconomic interests by the Maori Trustee."

86 896 Maori Affairs Amendment 1967, No Repeal-Section 201 of the principal Act is hereby repealed. Amendments to Maori Trustee Act 1953 in Respect of Reserved Land and Vested Land 128. New sections inserted in Maori Trustee Act The Maori Trustee Act 1953 is hereby amended by inserting, after section 41, the following sections: "41A. Reserved and Vested Land Purchase Fund-( 1) For the purpose of acquisition by the Maori Trustee of uneconomic and other interests in land which is subject to the Maori Reserved Land Act 1955 or to the Maori Vested Lands Administration Act 1954 (in this Act referred to as reserved land and vested land respectively), there is hereby established a fund in the Maori Trustee's Account under the name of the Reserved and Vested Land Purchase Fund (in this Act referred to as the Purchase Fund). "( 2) There shall, without further appropriation than this section, be transferred to the Purchase Fund from the General Purposes Fund, such sums as the Minister of Finance may from time to time direct. "( 3) All interests in reserved land and vested land which, pursuant to section 131 of the Maori Affairs Amendment Act 1967 are, on the commencement of that Act, transferred from the Conversion Fund established by Part XIII of the Maori Affairs Act 1953 to the Purchase Fund shall thenceforth be held by the Maori Trustee as assets of and for the purposes of the Purchase Fund and, for the purposes of this section and of sections 41B, 41c, 410, and 41E of this Act, shall be deemed to have been acquired by the Maori Trustee and paid for out of the Purchase Fund. "( 4) In addition to any other money required by this or any other Act to be paid into the Purchase Fund, there shall from time to time be paid into that Fund all money derived from the sale by the Maori Trustee of any land or interests in land constituting assets of the Purchase Fund and all revenue received by him in respect of any such land or interests. "41 B. Payments out of Purchase Fund-( 1) In addition to any purchase money required by this or any other Act to be paid out of the Purchase Fund in respect of any interest in land acquired by the Maori Trustee, there shall be paid out of that Fund all outgoings and expenses incurred or payable by the Maori Trustee in respect of the administration of that Fund.

87 1967, No. 124 Maori Affairs Amendment 897 " (2) Where, on and by reason of the acquisition by the Maori Trustee of any interest in land as aforesaid, he acquires any other property, the price of that other property shall also be paid out of the Purchase Fund. "41c. Maori Trustee may purchase interests in reserved land and vested land-( 1) The Maori Trustee may at any time purchase out of the Purchase Fund from the equitable owners any freehold interests in reserved land or vested land. No such purchase shall require to be confirmed by the Court: "Provided that the Maori Trustee shall not, pursuant to this section, purchase any interest in land from a person under disability (whether or not in respect of that interest a trustee of that person has been appointed under Part X of the Maori Affairs Act 1953) without the consent of the Court, and, if a trustee other than the Maori Trustee has been appointed under the said Part, without the consent of the trustee. " (2) Where the Maori Trustee has purchased any interest in land pursuant to this section, he shall sign and seal a certificate to that effect, and any such certificate shall vest the interest in the Maori Trustee. " (3) A copy of every certificate given under subsection (2) of this section shall be filed with the Registrar. "41D. Maori Trustee may acquire uneconomic interests in reserved land and vested land-(l) The Maori Trustee may at any time, in respect of any beneficial freehold interest in reserved land or vested land, being an uneconomic interest in terms of subsection (4) of this section, sign and seal a certificate to the effect that the interest is vested in the Maori Trustee for the purposes of the Purchase Fund, and the interest shall vest accordingly. "(2) Every certificate signed and sealed pursuant to this section shall specify the value of the interest to which it relates computed, subject to subsection (3) of this section as a proper proportion of the aggregate unimproved value of the area in which the interest is comprised as appearing in the district valution roll for the time being in force: "Provided that in the case of any area of which any parcel or parcels are not leased or are leased otherwise than with the right of perpetual renewal, or a right to compensation for all improvements, there shall be added to the aggregate unimproved value as aforesaid the appropriate proportion of the value of the improvements on any such parcel or parcels as appearing in the district valuation roll: "Provided also that in any case where the whole of the land comprised in one equitable title is not valued in the one

88 898 Maori Affairs Amendment 1967, No. 124 district valuation roll, the Valuer-General shall from time to time as it becomes necessary by reason of the revision of any roll, supply to the Maori Trustee, for the purposes of this section, a certificate or certificates setting out the unimproved values of every parcel of land comprised in that title as appearing in the district valuation rolls then in force, with such modifications as the Valuer-General may determine as being necessary to give the unimproved values of the several parcels a comparable value as at the date of the certificate or certificates. " (3) Where the Maori Trustee is aware that there is attached to or forming part of the land any timber, flax, minerals, or other thing of a substantial value, or where the beneficial owners, by virtue of their ownership, are deemed to be entitled to any personal property, the unimproved value of any such land shall, for the purposes of subsection (2) of this section, be increased by the value of the timber, flax, minerals, or other thing or the personal property, assessed by such means as in the opinion of the Maori Trustee are appropriate. "( 4) For the purposes of subsection (1) of this section, an uneconomic interest means an interest of which the value computed as provided by subsection (2) of this section, does not exceed fifty dollars. " ( 5) When pursuant to subsection ( 1) of this section a certificate is signed and sealed in respect of any interest, the Maori Trustee shall pay to the former owner thereof the value of the interest as set forth in the certificate: "Provided that the Maori Trustee shall not be obliged to make any payment to a former owner of an amount less than fifty cents. "(6) Upon the acquisition by the Maori Trustee pursuant to this section, of the shares of any beneficial owners, the Maori Trustee shall reduce the total number of shares of the beneficial owners in the equitable title by the number of shares so acquired and shall remove the names of the beneficial owners whose shares have been purchased from the list of beneficial owners. The Registrar shall make corresponding entries in the records of the Court." "41E. Disposition of interests acquired-(l) Any interest in vested land or in reserved land which has been vested in or otherwise acquired by the Maori Trustee as an asset of the Purchase Fund may be dealt with by the Maori Trustee as follows- "( a) The interest may be dealt with in accordance with the provisions of section 9A or section 9B of the Maori

89 1967, No. 124 Maori Affairs Amendment 899 Reserved Land Act 1955 (as inserted by sections 155 and 156 of the Maori Affairs Amendment Act 1967) or the provisions of section 61A of the Maori Vested Land Administration Act 1954 (as inserted by section 152 of the Maori Affairs Amendment Act 1967), as the case may require; or " (b) The interest may be sold, upon such terms and conditions as may be agreed upon, to any Maori or descendant of a Maori. "( 2) Where the Maori Trustee has sold any interest in land pursuant to paragraph (b) of subsection (1) of this section, he shall sign and seal a certificate to that effect and any such certificate shall vest the interest in the purchaser. " (3) A copy of every certificate given under subsection (2), of this section shall be filed with the Registrar. "( 4) Nothing in the foregoing provisions of this section shall be construed to restrict any express power of alienation that the Maori Trustee may have in respect of any land otherwise than by virtue of those provisions. "( 5) Nothing in the Land Settlement Promotion Act 1953 shall apply to the disposition of any interest in land by the Maori Trustee pursuant to the provisions of this section. "41F. Exemption from stamp duty-no stamp duty shall be payable in respect of any instrument executed for the purposes of sections 41 A to 41 E of this Act." 129. Consequential amendments to Maori Trustee Act 1953-( 1) Section 17 of the Maori Trustee Act 1953 is hereby amended by adding to subsection (3) the following paragraph: "( f) For the purposes for which any money in the Reserved and Vested Land Purchase Fund established by section 41A of this Act (as inserted by section 128 of the Maori Affairs Amendment Act 1967) may be applied." (2) Section 23 of the Maori Trustee Act 1953 is hereby amended by adding to subsection (1) the following paragraph: "(g) The Reserved and Vested Land Purchase Fund." (3) Section 23 of the Maori Trustee Act 1953 is hereby further amended by inserting, after subsection (4), the following subsection: " ( 4A) All money received by the Maori Trustee for the purposes of the Reserved and Vested Land Purchase Fund

90 900 Maori Affairs Amendment 1967, No. 124 established by section 41A of this Act (as inserted by section 128 of the Maori Affairs Amendment Act 1967) shall be paid into that Fund and shall be dealt with as provided by this Act or any other Act." 130. Consequential amendments to Maori Reserved Land Act 1955-( 1) Sections 19, 21, and 22 of the Maori Reserved Land Act 1955 are hereby repealed. (2) Section 20 of the Maori Reserved Land Act 1955 is hereby amended as follows: (a) By repealing subsection (1), and substituting the following subsection: " ( 1) When the Court has ascertained the beneficiaries and has defined their relative shares in accordance with section 18 of this Act, it shall, subject to subsection (3A) of this section, without further application, make an order vesting the interest in the beneficiaries.": (b) By repealing subsections (3), (4), and (5). (3) Section 23 of the Maori Reserved Land Act 1955 is hereby amended by omitting the words "the Conversion Fund established by Part XIII of the Maori Affairs Act 1953", and substituting the words "the Reserved and Vested Land Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of the Maori Affairs Amendment Act 1967)." ( 4) Part I of the Maori Purposes Act 1962 is hereby repealed. (5) Section 17 of the Maori Purposes Act 1963 is hereby consequentially repealed Disposition of existing assets of Conversion Fund (1) On the commencement of this Act the Maori Trustee shall, with the agreement of the Minister of Finance, assess the total value of all land and interests in land, as at the commencement of this Act (other than the interests in land which is vested in the Maori Trustee under the Maori Vested Lands Administration Act 1954 or the Maori Reserved Land Act 1955) which have been acquired by the Maori Trustee and paid for out of the Conversion Fund established by Part XIII of the Maori Affairs Act 1953 and which are at the date of that commencement held by him as assets of the Conversion Fund. (2) The amount of the value so assessed, together with the amount of all money which at the date of the commencement of this Act is held in the Conversion Fund, shall be

91 1967, No. 124 Maori Affairs Amendment 901 transferred to the Maori Trustee's General Purposes Fund in such amounts and at such times as the Minister of Finance may from time to time direct. ( 3) Any interests in land which are vested in the Maori Trustee under the Maori Vested Lands Administration Act 1954 or the Maori Reserved Land Act 1955, and which have been acquired by the Maori Trustee and paid for out of the Conversion Fund and are, at the commencement of this Act, held as assets of the Conversion Fund, shall, at the commencement aforesaid, be transferred to and held as assets of the Reserved and Vested Land Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of this Act). PART VIII MISCELLANEOUS AMENDMENTS TO ENACTMENTS AFFECTING MAORIS Amendments to Principal Act 132. Interpretation-Section 2 of the principal Act is hereby amended by adding to the definition of the term "European land" in subsection (1) the words "and includes any land which, pursuant to the provisions of Part I or Part IV of the Maori Affairs Amendment Act 1967, ceases to be M aori land:" Restricting the jurisdiction of the Court over European land owned by Maoris-( 1) Section 2 of the principal Act is hereby amended by omitting from the definition of the term "European land owned by Maoris" in subsection ( 1) all words after the words "European land which" and substituting the words "is owned for a beneficial estate in fee simple by more than four persons of whom a majority are Maoris or descendants of Maoris". (2) Section 195 of the principal Act is hereby amended by omitting from subsection (4) the words "owned otherwise than by Maoris", and substituting the words "other than European land owned by Maoris". (3) Section 326 of the principal Act is hereby amended by adding the following definition: "(European land owned by Maoris' means any European land of which the owners or a majority of the owners are Maoris." ( 4) Section 447 A of the principal Act (as inserted by subsection (1) of section 33 of the Maori Affairs Amendment

92 902 Maori Affairs Amendment 1967, No. 124 Act 1962) is hereby amended by omitting from paragraph ( a) of subsection (1) the words "owned by Maoris", and substituting the words "of which the owners or a majority of the owners are Maoris or the descendants of Maoris". ( 5) Section 454 of the principal Act is hereby amended by omitting from subsection ( 1) the words "owned by Maoris" and substituting the words "of which the owners or a majority of the owners are Maoris or the descendants of Maoris" Adjustment of orders to accord with plan-section 34 of the principal Act is hereby amended by inserting, after subsection (9), the following subsections: "(9A) Where the plan of the land prepared for the purposes of any order to which subsection (9) of this section relates discloses any variance with the order as pronounced by the Court, whether the variance is in respect of area or boundaries, the Court may, notwithstanding anything elsewhere contained in this Act but subject to the Court giving notice to such parties as it thinks necessary, amend the order in such a way as to make it accord with the plan prepared as aforesaid: "Provided that, where the plan shows on its face that it includes an area of accretion, the Court shall give two months' notice of its intention to amend the order to the appropriate catchment authority or County Council, as the case maybe. "(9B) Where it is shown to the satisfaction of the Court that the plan of any land prepared for the purposes of the order contains any mistake or omission, the authority conferred on the Court by subsection (9A) of this section shall extend to enable the Court to amend the order by the substitution of a new plan with such amendments to the description of the land in the order as may be necessary to correct any variance between the description and the new plan." 135. Trustees for persons under disability-section 93 of the principal Act is hereby amended as follows: ( a) By omitting from subsection (2) the words "a person under disability", and substituting the words "a person (other than a minor) under disability": (b) By inserting after subsection (2) the following subsection:

93 1967, No. 124 Maori Affairs Amendment 903 " (2A) The Maori Trustee shall not, without his consent, be appointed under this section as the trustee of a person under disability whose disability consists in his being a minor, unless the property in respect of which the appointment is to be made includes personal property of a substantial value or includes an interest or interests in land of a value which in the opinion of the Court will produce or should produce income in excess of one hundred dollars per annum" Period for investigation of customary land limited The principal Act is hereby amended by inserting, after section 161, the following section: "161A. (1) No application for the investigation of the title to customary land shall be received by the Court after the thirty-first day of December, nineteen hundred and seventy. "( 2) Any application for the investigation of the title to customary land remaining before the Court and undetermined at the thirty-first day of December, nineteen hundred and seventy-one, shall be deemed to have lapsed and shall be dismissed by the Court. "(3) On and from the first day of January, nineteen hundred and seventy-two, all land other than European land and Maori freehold land, as the same are defined in section 2 of this Act, shall be and be deemed to be Crown land subject to the Land Act 1948." 137. Partition of combined areas-section 182 of the principal Act is hereby amended by repealing subsection ( 1 ), and substituting the following subsection: " ( 1) Any area of land owned or partly owned by Maoris (whether Maori land or European land) and any other area or areas of land may for the purposes of partition be treated by the Court as a single area of land owned in common by the owners of the several areas, and the Court may make an order or orders of partition in respect thereof: "Provided that no European land other than European land owned by Maoris, shall be dealt with under this section except with the consent in writing of the owner or owners and of every other person having a legal or equitable estate or interest therein, and no Crown land shall be so included without the consent of the Land Settlement Board under the Land Act 1948." 138. Cancellation of partition orders-the principal Act is hereby amended by repealing section 184, and substituting the following section:

94 904 Maori Affairs Amendment 1967, No. 124 "184. (1) Subject to the provisions of this section, the Court may at any time cancel, wholly or in part, any partition order made under this Act or under the corresponding provisions of any former Act, whether or not that order has been registered under the Land Transfer Act " (2) The Court shall not cancel under this section any order, the whole of the land comprised in which has been acquired by the subsisting owner or his predecessor in title by any alienation, without the consent of the subsisting owner. " ( 3) Where the whole of the land comprised in any partition order is subject to any lease, licence, mortgage, charge, or other encumbrance, the order shall not be cancelled under this section without the consent of the lessee, licensee, mortgagee, or other person entitled to the benefit of the encumbrance unless the Court is satisfied that the rights and interests of that person would not be detrimentally affected by the cancellation of the order. " ( 4) Upon the cancella tion under this section of any partition order, the land comprised therein shall, to the extent of the cancellation, be held again under the former instrument of title as if no partition had taken place: "Provided that all orders of the Court and all alienations affecting interests in the land made or affected since the date of the order cancelled shall be deemed to relate to the former title and the interests thereunder. "( 5 ) Upon the cancellation under this section of a partition order, the Court shall, unless it considers such a course unnecessary, issue a declaratory order under section 445 of this Act declaring the current ownership of the land. All the provisions of the said section 445 shall apply to the making of any such order except that no notice thereof under subsection (3) of that section shall be necessary." 139. Requisition of survey of Maori land-section 406 of the principal Act is hereby amended as follows: (a) By omitting from subsection (1) the words "any Judge thereof" and substituting the words "the Registrar": (b) By omitting from subsection (2) the word "Judge" and substituting the words "the Registrar": (c) By omitting from subsection (4) the word "Judge" and substituting the words "the Registrar" Surveys-The principal Act is hereby amended by inserting, after section 411, the following section: "411A. (1) For the purpose of providing for payment of the cost of survey of any Maori land, the Registrar may serve

95 1967, No. 124 Maori Affairs Amendment 905 upon the Maori Trustee a notice (hereinafter in this section referred to as a survey notice) setting out the description of the land concerned and the amount or estimated amount of the costs of the survey and requiring the Maori Trustee to reserve that amount or the appropriate proportion thereof from any money held by the Maori Trustee for the owners of the land or any of them, whether the money so held is derived from the alienation of that land or otherwise. "(2) Upon receipt of any survey notice under subsection ( 1) of this section, the Maori Trustee shall, in accordance with the terms of the notice, reserve any money held for the owners of the land specified in the notice and shall, on the request of the Registrar, apply the money so reserved to the costs of survey of that land. " (3) If at the time of service of a survey notice the Maori Trustee does not hold for the owners of the land specified in the notice or any of them sufficient money to meet the amount payable in respect of their several interests in the land, he shall reserve to the extent necessary any money which may, subsequent to the service of the notice, be paid to him for those owners until the requisite amount is paid." 141. Amalgamation of tities-(l) The principal Act is hereby amended by repealing section 435, and substituting the following section: "435. (1) The provisions of this section shall apply to the following classes of land: " (a) Maori freehold land: "(b) European land of which the owners or a majority of the owners are Maoris or the descendants of Maoris: "(c) Crown land which is for the time being subject to Part XXIV of this Act. "(2) The provisions of this section shall be read subject to the provisions of section 151 A of this Act (as inserted by section 124 of the Maori Affairs Amendment Act 1967) providing for the acquisition of uneconomic interests by the Maori Trustee. "(3) Where the Court is satisfied that any land to which subsection (1) of this section applies, and which comprises two or more areas held under separate titles, can be more conveniently worked or dealt with as if it were held in common ownership under one title, the Court may cancel the several titles under which the land is held and make an order (hereinafter referred to as an amalgamation order) substituting therefor one title for the whole of the land:

96 906 Maori Affairs Amendment 1967, No. 124 "Provided that no amalgamation order shall be made in respect of any land referred to in paragraph (c) of subsection (1) of this section without the consent of the Board of Maori Affairs. "( 4) Any amalgamation order shall set forth the relative interests of the several owners of the land which, subject to subsection (5) of this section, shall be calculated by reference to the relative values of the interests to which they were entitled under the cancelled titles. For the purposes of calculating the relative values aforesaid, the Court may, if it thinks it equitable so to do, adopt values, whether capital or unimproved values, other than those appearing in the district valuation roll for the time being in force under the Valuation of Land Act 1951, and, in the case where the land comprised in the several separate titles is subject to the provisions of Part XXIV of this Act, the Court shall, for the purposes aforesaid, adopt such values as may be ascribed by the Board of Maori Affairs to the land comprised in the several separate titles. "( 5) Instead of calculating the relative interests of the owners by reference to the relative values of the interests to which they were entitled under the cancelled titles, the Court may calculate the relative interests in accordance with any understanding or arrangement between the several groups of owners of the areas comprised in the cancelled titles as to a basis of amalgamation otherwise than as specified in subsection (4) of this section, if it is satisfied that the basis is, in all the circumstances, fair and equitable. " (6) Where the whole of the land comprised in any separate title is subject to any lease, licence, mortgage, charge, or other encumbrance, the Court shall not make an amalgamation order without the consent of the lessee, licensee, mortgagee, or other person entitled to the benefit of the encumbrance, unless it is satisfied that the rights and interests of that person would not be detrimentally affected by the making of the order. Where an order is made in respect of land subject as aforesaid to any lease, licence, mortgage, or other encumbrance, the Court may make such order as it thinks proper for the apportionment or adjustment of the rights and obligations of any person under any such lease, licence, mortgage, or other encumbrance, and every order of apportionment or adjustment shall have effect according to its tenor in the same manner in all respects as if all necessary transfers, releases, covenants, and other dispositions or agreements had been

97 1967, No. 124 Maori Affairs Amendment 907 duly made in that behalf by all persons concerned, and may be registered under the Land Transfer Act 1952 accordingly. "(7) Notwithstanding anything to the contrary in section 34 of this Act, an amalgamation order may be made to take effect on a date specified by the Court which may be a date earlier or later than the date of the minute thereof entered in the records of the Court. " (8) Every amalgamation order shall constitute, without any transfer or other instrument of assurance, the title to the land included therein: "Provided that, where the land is vested in trust for the owners in the Maori Trustee or any other person, the order shall affect only the equitable estate of the beneficial owners. "(9) An amalgamation order shall state upon its face the status of the land comprised therein as from the making of the order, in accordance with the following provisions: "( a) If any part of the land was formerly Maori freehold land, the whole of the land comprised in the order shall be Maori freehold land: "(b) If no part of the land was Maori freehold land, but part was European land, the whole of the land comprised in the order shall be European land: " ( c) In any other case the whole of the land comprised in the order shall be Crown land. "( 10) The provisions of section 178 of this Act relating to the registration of partition orders shall, with such modifications as the circumstances may require, apply to the registration of amalgamation orders made under this section." (2) The following enactments are hereby repealed: (a) Section 7 of the M aori Purposes Act 1958: (b) Section 25 of the Maori Purposes Act 1959: ( c) Section 32 of the Maori Affairs Amendment Act 1962: ( d) Section 12 of the Maori Purposes Act Court may vest land in tmstees-( 1) The principal Act is hereby amended by repealing section 438, and substituting the following section: "438. (1) For the purpose of facilitating the use, management, or alienation of any Maori freehold land, or any customary land or any European land owned by Maoris, the Court, upon being satisfied that the owners of the land have, as far as practicable, been given reasonable opportunity to express their opinion as to the person or persons to be appointed a trustee or trustees, may, in respect of that land, B-5

98 908 Maori Affairs Amendment 1967, No. 124 constitute a trust in accordance with the provisions of this section. "( 2) A trust may be constituted under this section on the Court's own motion in the course of any proceedings before it or upon application in that behalf, by the making of an order vesting the land in any person or persons (with their prior consent) upon and subject to the trusts declared by the Court in a separate trust order. The person or persons in whom any land is at any relevant time vested by an order under this section are hereafter in this section referred to as the trustees. "(3) The Court may, at any time, in respect of a trust constituted under this section do any of the following things: " (a) It may add to or reduce the number of trustees, or may replace the trustees or any of them by making a further order vesting the land which is subject to the trust in any person or persons, (with their prior consent) upon and subject to the existing trusts, whether or not those persons or any of them were previously trustees; or "(b) It may vary the terms of the trust by making a new trust order in substitution for the existing trust order; or "( c) It may terminate the trust in respect of the whole or any portion of the land which is subject thereto by making an order vesting that portion in the persons beneficially entitled thereto in their respective shares or in such other persons and in such shares as the Court may determine, freed from the trust. " ( 4) A vesting order under this section shall contain no reference to the existence of any trusts and shall take effect according to its tenor to vest the land thereby affected in the person or persons named therein solely or as joint tenants or tenants in common as the case may require without any conveyance, transfer, or other instrument of assurance, but subject to any lease, license, mortgage, charge, or other encumbrance to which it may be subject at the date of the making of the order. The registration of any such order shall not be deemed to constitute notice of the existence of any trust. " (5) The trusts declared by the Court pursuant to this section in respect of any land shall be set forth in a separate trust order, but that order, notwithstanding any other provision of this Act, shall not be capable of registration under

99 1967, No. 124 Maor; Affairs,Amendment 909 the Land Transfer,Act Any trust so declared ;may authorise or direct the trustees to use and manage the ~a:fld for any purpose, or: to subdivide the same, or to "alienate or dispose of the same, or any part thereof, or any interest therein, in any manner whatsoever, and whether for consideration or otherwise. The order made by the Court may confer on the trustee or trustees such powers, whether abso-, lute or conditional, as the Court thinks fit, but, suqj~c~ to any express limitations or restrictions, the trustees shall have all such powers and authorities as are necessary) fpr the effective performance of the trusts. "(6) The Court may, in any trust order, make such provisions as to the keeping, filing, inspection, and auditing of the accounts of the trusts as it deems necessary or desirable. "(7) No alienation by truste~s in whom land is vested by an order under this section shall require to be confirmed by the Court under Part XIX of this Act, but the provisions of section 233 of this Act (as substituted by section 106 of the Maori Affairs Amendment Act 1967) shall apply to require the endqrsement On any instrument effecting such an alienation of a memorial that it has been produced to the Registrar and,noted in the records of the Court.,Nothing in 'this subsection or in any other part of this Act shall be construed to require payment of the proceeds of alienation of land affected by an order under this section to the Maori Trustee. " (8) When a vesting order is made under this section in r~spect of any customary land, the land included in the order shall, on the making of the order, become subject to the Land Transfer Act 1952, and thereupon the provisions of section 164 and section 165 of this Act shall apply as if the vesting order were a freehold order made under Part XIV of this Act. "(9) The District Land Registrar is hereby authorised and directed to make all such adjustments to the register or the provisional register as are necessary to give effect to any order made by the Court under this section." (2) Nothing irt this section shall apply to prevent the registration of any order heretofore made by the Court under the section repealed by this section or which enures for the pu'rposes of the said repealed section, but any such order shall enure and have effect according to its tenor. (3) The following enactments are hereby consequentially repealed: ( a) Section 9 of the Maori Purposes Act 1961: B-5*

100 910 Maori Affairs Amendment 1967, No. 124 (b) Section 12 of the Maori Purposes Act 1963: (c) Section 6 of the Maori Purposes Act 1965: ( d) Section 6 of the Maori Purposes Act Maori Trustee to be agent for missing owner-the principal Act is hereby amended by repealing section 447, and substituting the following section: "44 7. (1) The Court, on application, may declare any person owning a beneficial freehold interest in Maori freehold land to be a missing owner for the purposes of this section if it is satisfied that, reasonable inquiry having been made as to his whereabouts, he cannot be located. " (2) The Maori Trustee may from time to time after the commencement of this Act, publish in the same manner as a list of unclaimed money under section 30 of the Maori Trustee Act 1953, a list of persons (being in each case the owner of a beneficial freehold interest in any Maori freehold land as shown in the list) whose whereabouts is not known to the Maori Trustee or the Maori Land Court. Every such list shall be prefaced by words requesting information as to the whereabouts of the persons whose names are listed therein. "( 3) For the purposes of subsection (1) of this section, reasonable inquiry shall be deemed to have been made as to the whereabouts of any person if his name has been included in a list which has been published pursuant to the provisions of subsection (2) of this section for a period of at least twelve months and if- " (a) That person's name has, during the preceding seven years, been recorded in the records of the Court as owning a beneficial freehold interest in any Maori freehold land; and "(b) During the preceding seven years there has been no current address of that person entered in the records of the Court as aforesaid or of the Maori Trustee within the same Maori Land Court district and he has in that district received no payment of money from the Maori Trustee. "( 4) Upon the Court, pursuant to subsection (1) of this section, declaring any person to be a missing owner, the Maori Trustee shall, in respect of the interests in land specified in the instrument of election, become the agent of that owner- " ( a) To execute in his name any instrument of alienation; or

101 1967, No. 124 Maori Affairs Amendment 911 "(b) To vote on behalf of that owner at any meeting of assembled owners under Part XXIII of this Act; or " ( c) To sell, at a price in accordance with the provisions of subsection (11) of section 84 of the Maori Affairs Amendment Act 1967, the interests or any of them to the Maori Trustee for the purposes of the Conversion Fund established by Part XIII of this Act or the Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of the Maori Affairs Amendment Act 1967). " (5) Any instrument of alienation executed by the Maori Trustee pursuant to this section as the agent of an owner in common of any land shall be subject to confirmation by the Court to the same extent as if it had been executed by that owner. " (6) An instrument of alienation so executed by the Maori Trustee shall recite the authority under which it is executed and shall have the same force and effect and may be registered in like manner as if it had been duly executed by the missing owner and as if he had been fully competent in that behalf, subject only to confirmation by the Court in any case where confirmation is required by subsection (4) of this section." 144. Chief Judge's special power to correct erroneous orders-(i) Section 452 of the principal Act is hereby amended as follows: (a) By omitting from subsection (1) and from subsection (5) the words "or the Appellate Court": (b) By repealing subsection ( 12 ), and substituting the following subsection: " ( 12) The powers conferred on the Chief Judge by this section shall not be exercised in respect of any order which is within the protection of section 68 or section 468 of this Act." (2) Subsection (3) of section 68 of the principal Act is hereby consequentially repealed. (3) Section 468 of the principal Act is hereby consequentially amended by omitting the words "Subject to the provisions of section 452 hereof," Joint farming undertakings-section 454 of the principal Act is hereby amended by adding the following subsection:

102 912 Maori Affairs Amendment 1967, No. 124 "(10) Where, in relation to any lands which are subject to Part XXIV of this Act, the Board of Maori Affairs is of opinion that by reason of- "( a) The want of reliable information relating to the areas or values at any time of'the lands comprised in the joint undertaking, or any of them; or "(b) Changes in the constitution of the joint undertaking; or "( c) Changes in the occupation or use of any of the lands comprised in the joint undertaking; or " ( d) The progress of the work for the development and improvement of any of the lands comprised in the joint undertaking; or " ( e) The method of accounting for the expenditure on or the. revenues from any of the lands comprised in the joint undertaking,- the apportionment of the assets and liabilities and profits and losses of the joint undertaking in accordance with the foregoing provisions of this section is impracticable or would be inequitable to the owners of the lands or any of them, the Board may,riotwithstanding anything contained in this section, make an apportionment which, in its opinion, is just and equitable, and any such apportionment shall be final and conclusive.", 146. Maori land available in bankruptcy-section 455 of the principal Act is hereby amended as follows- ( a) By onlitting from subsection (1) all the words after the. words "or,of any other person": (b) By repealip.g subsection (4) V~St1ng iarid in Official Assignee-The principal Act is hereby ~mended by inserting, after section 455, the following section:. "455A. (1) On the application of the Official Assignee acting in respect of the estate of any person adjudged bankrupt after the first day of April, nineteen hundred and sixty~eight, 'the Registrar may make an' order vesting in the Official Assignee any beneficial freehold interest of the bankrupt in~aori freehold land. " (2) Any application under this section shall be dealt with by the Registrar without notification or appearance of any person, and, subject to the provisions of this section, the Registrar.shall make the order sought as a matter of course.

103 1967, No. 124 Maori Affairs Amendment 913 " (3) Any order made by the Registrar pursuant to this section shall take effect and may be registered under the Land Transfer Act 1952 as if it were an order of the Court. "( 4) Notwithstanding any provision to the contrary in the Insolvency Act 1967, the beneficial freehold interests in Maori freehold land of a bankrupt shall not vest or be deemed to have vested in the Official Assignee otherwise than by an order made pursuant to this section, and the Official Assignee shall have no power to disclaim any interest vested in him by such an order. "( 5) Notwithstanding the provisions of the Insolvency Act 1967, the Official Assignee shall not, until the expiration of a period of three months after the date of the vesting, sell any beneficial freehold interest in land vested in him under this section otherwise than to a person who has a beneficial freehold interest in the same land." Amendments to Maori Trustee Act New sections inserted in Maori Trustee Act ( 1) The Maori Trustee Act 1953 is hereby amended by inserting, after section 12, the following sections: "12A. Power of Maori Trustee to elect to administer small estates without grant of administration-( 1) Where any Maori has died intestate or testate, whether in or out of New Zealand, leaving property situated in New Zealand, the gross value of which as estimated by the Maori Trustee does not at the time of the election hereinafter mentioned exceed two thousand dollars, and no person has obtained a grant of administration in New Zealand, the Maori Trustee, in any case where he would be entitled to obtain such a grant, may, instead of obtaining such a grant, file in the Supreme Court an election in writing under seal to administer the estate of the deceased Maori. " (2) On any such election being filed, the Maori Trustee shall be deemed to be the executor of the will or the administrator of the estate, as the case may require, in like manner and to the same extent in all respects as if administration had been duly granted to him. " (3) Every such election shall set forth the name, residence, and occupation of the deceased so far as the same are then known to the Maori Trustee, and the date of the death of the deceased and the property situated in New Zealand of the deceased as then known.

104 914 Maori Affairs Amendment 1967, No. 124 " ( 4) The election shall contain, in every case where the deceased died intestate, a statement to that effect, and in every case where the deceased died testate, a statement that after due inquiries the Maori Trustee believes that the document annexed to the election is the testator's last will (or an exemplification thereof where administration has been granted out of New Zealand) and that the will has been validly executed according to the law governing the execution ofwiils. "(5) Any such election as aforesaid may be filed in the registry of the Supreme Court at Wellington or in such other registry of the Supreme Court as may either generally or in respect of particular estates be determined by the Maori Trustee. " (6) If after filing any such election as aforesaid the gross value of the property situated in New Zealand to be administered is found to exceed the sum of three thousand dollars, the Maori Trustee shall, as soon as practicable thereafter, file in the registry of the Supreme Court in which the election to administer was filed a memorandum under seal stating the fact; and shall thereupon proceed in the ordinary manner to obtain a grant of administration in New Zealand; and for that purpose may uplift from the Court any will or exemplification filed with the election. "(7) An election may be filed under this section in respect of any informal will made in writing in accordance with the provisions of the Wills Amendment Act Nothing in this section shall apply to any other informal will within the meaning of that Act. "12B. Elections in respect of unadministered balance of an estate-( 1) Where a grant of administration (in this section referred to as the original grant) has been made in New Zealand in respect of the estate of any deceased Maori (in this section referred to as the original estate) and the persons to whom the original grant or any substituted grant of administration was made have died, leaving part of the original estate unadministered, and the gross value of the property situated in New Zealand so left unadministered, as estimated by the Maori Trustee at the time of the election hereinafter mentioned, does not exceed the sum of two thousand dollars, and no person has since the death of the last administrator taken out letters of administration de bonis non in New Zealand in respect of the original estate, the Maori Trustee may, instead of applying for an order to administer

105 1967, No. 124 Maori Affairs Amendment 915 de bonis non in New Zealand, file in the registry of the Supreme Court out of which the original grant was issued an election in writing under seal setting forth the fact of the original grant, the death of the executors or other administrators, and the particulars of the property situated in New Zealand so left unadministered, and electing to administer the part of the original estate so left unadministered. If the original grant was made by the Maori Land Court, the election shall be filed in the registry of the Supreme Court nearest to the registry of the Maori Land Court out of which the original grant issued. " (2) On the election being filed, the Maori Trustee shall be deemed to be administrator of the original estate left unadministered in like manner and to the same extent in all respects as if an order to administer de bonis non had been duly granted to him. " (3) If after the filing of any such election the gross value of the property situated in New Zealand to be administered by the Maori Trustee is found to exceed the sum of three thousand dollars, the Maori Trustee shall, as soon as practicable thereafter, file in the said registry of the Supreme Court a memorandum under seal stating the fact, and shall thereupon proceed in the ordinary manner to obtain in New Zealand an order to administer de bonis non (either with or without the will annexed, as the case may be) in respect of the said estate, and for that purpose may uplift from the Court any will or exemplification filed with the election. "12c. Intestate estates-( 1) Where any Maori, whether domiciled in New Zealand or elsewhere, dies (whether before or after the commencement of this Act) in New Zealand or elsewhere intestate, leaving property situated in New Zealand, the Maori Trustee may, if he thinks fit to apply therefor, obtain a grant of administration of that person's estate. " (2) The Maori Trustee shall be entitled as of right to the grant of administration: "Provided that if some other person in New Zealand, being a person who if it were not for this section would be entitled to the grant of administration, applies for a grant of administration, then the Court may grant administration to that person: "Provided also that it shall not be necessary for the Maori Trustee to give notice of the application to any such person, nor shall the Court require him to do so.

106 916 Maori Affairs Amendment 1967, No. 124 "12D. Application for probate in testate estates-( 1) Where any Maori dies testate, and application for probate or letters of administration with the will annexed is not made in New Zealand within three months after the date of the death of that person, the Maori Trustee may apply for an order to administer with the will annexed, and the Supreme Court shall make the grant unless the person entitled to probate or letters of administration with the will annexed applies therefor, or shows to the satisfaction of the Court that the delay in making the application has been and still is unavoidable or accidental. "(2) On any such application no costs shall be awarded against the Maori Trustee. "( 3) On the application of any person entitled to probate or letters of administration with the will annexed who was out of New Zealand when the grant to the Maori Trustee was made and who has not renounced or refused probate or letters of administration, or on the application of the attorney of that person, the Court may grant probate or letters of administration to that person or to his attorney, as the case may be, in such manner and subject to such limitations or conditions as the Court thinks proper. " ( 4) No application under subsection (3) of this section shall be made until after fourteen days' notice in writing of the intention to apply has been left at the office of the Maori Trustee at Wellington. "( 5) Immediately on the grant of any probate or letters of administration under subsection (3) of this section- "(a) All the functions, powers, authorities, discretions, rights, and duties of the Maori Trustee (except the rights reserved by this subsection) in relation to the testator's estate, and all liability of the Maori Trustee under any contract entered into by the Maori Trustee, or otherwise, affecting or relating to the estate, shall pass to the person obtaining probate or letters of administration, and no claim shall thereafter lie against the Maori Trustee in respect of any such liability; and "(b) Subject to and on the allowance and payment to the Maori Trustee of all money due for commission, necessary outlay, disbursements, costs, charges, and expenses affecting the estate, including the costs of the Maori Trustee of and incidental to the application for probate or letters of administration, and consequent thereon, such portion of the estate of the testator as is then unadministered by

107 1967, No. 124 Maori Affairs Amendment 917 the Maori Trustee shall vest in the person obtaining probate or letters of administration. "12E. Place of application-any application by or on behalf of the Maori Trustee for probate of a will, or for an order to administer with a will annexed (whether for general, limited, or special purposes) or for any other grant of administration (whether intestate or testate) may be made in any registry of the Supreme Court at the discretion of the Maori Trustee; and on any such application, whether the person was domiciled in New Zealand or elsewhere and whether he died in New Zealand or elsewhere, in the absence of evidence to the contrary, no further proof of the death or testacy or intestacy of any person shall be required than an affidavit that, after due inquiries, the Maori Trustee is satisfied that the person has died either testate or intestate, as the case may be." (2) The Maori Trustee Act 1953 is hereby further amended by inserting, after section 13, the following section: "13A. Maori Trustee not required to give bond-no bond or security shall be required from the Maori Trustee upon or in respect of his appointment in any capacity by or under this Act or any other Act, whether as administrator, or other trustee or as guardian, committee, manager, liquidator, receiver, agent, or attorney, or otherwise." (3) The Maori Trustee Act 1953 is hereby further amended by inserting, after section 16, the following section: "16A. Payment of claims when assets insufficient-where the assets of any testate or intestate estate under administration by the Maori Trustee are insufficient to pay the liabilities in full, it shall be lawful for the Maori Trustee to apply those assets in accordance with the priorities applicable to the distribution of assets in estates administered under Part IV of the Administration Act 1952, without the Maori Trustee being under any obligation to have recourse to that Part or to administer the assets thereunder, and any surplus shall be held for the person or persons lawfully entitled to the same." ( 4) The Maori Trustee Act 1953 is hereby further amended by inserting, after section 46A (as inserted by section 6 of the Maori Trustee Amendment Act 1962), the following section: "46B. Assignment of money in hands of Maori Trustee ( 1) Except as provided in this section, no assignment of money in the hands of the Maori Trustee or receivable by him on behalf of any person, or payable or to become payable by

108 918 Maori Affairs Amendment 1967, No. 124 him to any person, shall be enforceable as against the Maori Trustee, notwithstanding anything in any enactment or any rule of law or equity to the contrary. " (2) Any assignment, to be enforceable as against the Maori Trustee, shall- " (a) Be in writing signed by the assignor personally and not by any trustee, attorney, or agent for him: H (b) Be absolute, and not by way of charge or security:., (c) Be expressed to be given for valuable consideration: "( d) Stipulate the sum to be paid under it: " ( e) Stipulate that the sum to be paid under it is assigned, transferred or set over unto the assignee: H(f) Stipulate the source or sources from which the money is to be paid: " (g) Be duly stamped at the rate prescribed, or, as the case might be, stamped not liable, under the Stamp Duties Act 1954: "(h) As to the original document, together with a copy certified by the assignee as being a true copy of the original, be produced at the office of the Maori Trustee at which the money affected by the assignment is held or will be received. " (3) An assignment which in its substance complies with the requirements of subsection (2) of this section shall be enforceable as against the Maori Trustee only- " (a) So far as it relates to money credited or to be credited to a personal account in the name of the assignor as it appears in the assignment and not in any other name by which the assignor might be known: "(b) So far as it relates to money credited or to be credited to an account as aforesaid in the office of the Maori Trustee at which the assignment is delivered, and not to money held or receivable in any other office of the Maori Trustee. " ( 4) A form of assignment may be prescribed under this Act, and if any such form is so prescribed, no assignment otherwise than in that form shall be enforceable as against the Maori Trustee. "( 5) Nothing in this section shall apply to any assignment in favour of the Crown, or a State Loan Department, or any notice of such an assignment." (5) The Maori Trustee Act 1953 is hereby further amended by inserting, after section 46B, the following section:

109 1967, No. 124 Maori Affairs Amendment 919 "46c. Power of Maori Trustee to make small payments without order-( 1) Where under this or any other Act the Maori Trustee is directed, empowered, or entitled to make any payment of money, held by him as trustee or otherwise, upon the order of any Court or Judge being obtained, to any person legally or beneficially entitled thereto, he may, in his discretion and notwithstanding any enactment or rule of law or equity to the contrary, make a payment of any such money to that person without such an order if the amount so paid does not exceed four hundred dollars; and any payment so made shall be as valid as if it had been authorised by an order of the Court or a Judge thereof. " (2) The provisions of subsection (1) of this section shall extend to enable the Maori Trustee, without the order of any Court or Judge, to make a payment to any minor in respect of whose property, or any of it, the Maori Trustee has been appointed trustee pursuant to Part X of the Maori Affairs Act 1953, and the receipt of the minor shall be a good and effectual discharge to the Maori Trustee for the amount so paid by him. A payment may be made by the Maori Trustee under this subsection notwithstanding the terms of any order by which the Maori Trustee was appointed trustee in respect of any property of the minor". (6) The Maori Trustee Act 1953 is hereby further amended by inserting, after section 46c (as inserted by subsection (5) of this section), the following section: "46D. Disposition of small sums held for beneficiaries ( 1 ) Where, upon the distribution by the Maori Trustee among the beneficial owners or former beneficial owners of any land of any moneys derived from the alienation or other disposition of that land, the share or proportion of the money of any person would amount to less than fifty cents, the amount distributable to that person shall not be paid to him but shall be dealt with as provided in subsection (2) of this section, anything in this or any other Act to the contrary notwithstanding: "( 2) All money which pursuant to subsection (1) of this section is not paid by the Maori Trustee to the persons otherwise entitled thereto shall be paid to the Maori Education Foundation established under the Maori Education Foundation Act 1961." 149. Unclaimed money in Maori Trustee's Common Fund-Section 30 of the Maori Trustee Act 1953 is hereby amended by omitting from paragraph (a) of subsection (11)

110 920 Maori Affairs Amendment 1967, No. 124 (as inserted by section 16 of the Maori Purposes Act 1961) the words "( other than capital money in excess of twenty dollars) ". Amendments to the M aori Vested Lands Administration Act Alienation powers of equitable owners-the Maori Vested Lands Administration Act 1954 is hereby amended by inserting, after section 4, the following section: "4A. (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 Maori Trustee for the general purposes of the Reserved and Vested Land Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of the Maori Affairs Amendment Act 1967): "( c) He may sell the interest to the Maori Trustee in accordance with the provisions of section 61A of this Act (as inserted by section 152 of the Maori Affairs Amendment Act 1967): " ( d) He may agree to the vesting of the interest by order of the Court under section 213 of the Maori Affairs Act 1953 (as substituted by section 90 of the Maori Affairs Amendment Act 1967)- " (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, child or remoter issue, brother, sister, parent, brother or sister of a parent, or to the child or remoter issue of a parent or of the brother or sister of a parent: "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 of this Act (as inserted by 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 of this Act..

111 1967, No. 124 Maori Affairs Amendment 921 "( 2) For the purposes of subsection (1) of this section the term 'equitable owner' shall, in relation to any beneficial freehold interest in reserved land, mean the person who is recorded as the owner thereof in the records of the Maori Land Court and of the Maori Trustee and shall include an administrator, assignee, or trustee who is so recorded. "( 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." 151. Security over vested land-the Maori Vested Lands Administration Act 1954 is hereby further amended by inserting, after section 4A (as inserted by section 150 of this Act), the following section: "4B. (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 Maori Trustee in respect of that interest. "( 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

112 922 Maori Affairs Amendment 1967, No. 124 under this subsection failing remedy of the default by a date not less than two 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) of this section for the service of any notice upon the assignor or his representative if it is satisfied that his whereabouts are unknown." 152. Sale of vested land to lessees-the Maori Vested Lands Administration Act 1954 is hereby further amended by inserting, after section 6J, the following section: "61A. (1) In this section the term 'block' means all vested land held by the Maori Trustee upon the same trusts for one group of beneficial owners. "(2) Subject to the provisions of this section, the Maori Trustee may sell to the lessee thereof any vested land which is subject to a new lease issued under Part II of this Act. "(3) The MaoI'i Trustee may, in his absolute discretion, determine that the sale under this section of the land in any specified block or group of blocks is impractical or inexpedient, and may inform a lessee of any such land that no offer for the land under this section can be entertained. " ( 4) A lessee of vested land to which subsection (2) ot this section relates may give notice to the Maori Trustee that he desires to acquire the freehold of the land comprised in his lease at a price to be stated in the notice, being a sum not less than the amount of the capital value of the land as determined by a special valuation to be made for the purposes of this subsection by the Valuer-General, at the expense of the lessee, not earlier than six months before the date of the notice, reduced by a sum equal to two-thirds of the amount of the value of the improvements on the land as disclosed by that valuation with the addition to such reduced sum of ten percent thereof: "Provided that, in any case where the Maori Trustee is aware that there is attached to or forming part of the land any timber, flax, minerals, or other thing of a substantial value not included in the capital value as aforesaid, the value thereof assessed by such means as are in the opinion of the Maori Trustee appropriate, shall, for the purposes of this subsection, be added to the capital value.

113 1967, No. 124 Maori Affairs Amendment 923 " ( 5) Any notice given under subsection (4) of this section shall be deemed to be an offer open for acceptance by the Maori Trustee for a period of two years and shall be accompanied by a deposit equal to ten percent of the price offered by the lessee; but any such deposit shall be refunded to the lessee if the imaori Trustee is, for any reason, unable to accept his offer. " ( 6) Where any such notice has been given, the Maori Trustee may, out of the Reserved and Vested Land Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of the Maori Affairs Amendment Act 1967), purchase from one or more of the beneficial owners of the block or blocks of which the land to which the notice relates forms part, the number of shares appropriate to such land, calculated in accordance with the provisions of subsection (7) of this section. "( 7) The number of shares appropriate to any land for the purposes of subsection (6) of this section shall be that number equal to the proportion of the total shares in the block, which the capital value of the land, as appearing in the district valuation roll then in force under the Valuation of Land Act 1951, reduced by two-thirds of the value of the improvements on the land as appearing in that roll, bears to the sum of the capital values of all parcels of land in the block as appearing in that roll less two-thirds of the values of the improvements on that land as appearing in that roll: "Provided that, in the case of any block of which any parcels of land are not leased under leases which confer on the lessee a right of compensation for improvements, there shall for the purposes of this calculation be added to the sum of the unimproved values, the value of the improvements on any such parcels as appearing in that roll, or, in the case of any lease conferring limited rights of compensation for improvements, the appropriate part or proportion of the value of the improvements or of the appropriate improvements as appearing in the roll: "Provided also that, in any case where the Maori Trustee is aware that there is attached to or forming part of the land any timber, flax, minerals, or other thing of a substantial value or where the beneficial owners by virtue of their ownership are deemed to be entitled to any personal property, the capital value of any such land shall, for the purposes of this subsection, be increased by the value of the timber, flax, minerals, or other thing or any such personal property, assessed by such means as in the opinion of the Maori Trustee are appropriate.

114 924 Maori Affairs Amendment 1967, No. 124 " (8) In any case where the whole of the land comprised in a block is not valued in the one district valuation roll, the Valuer-General shall from time to time as it becomes necessary by reason of the revision of any roll, supply to the Maori Trustee, for the purposes of subsection (7) of this section, a certificate or certificates setting out the unimproved values of every parcel of land comprised in the block as appearing in the district valuation rolls then in force, with such modifications as the Valuer-General may determine as being necessary to give the unimproved values of the several parcels a comparable value as at the date of the certificate or certificates. " (9) The price to be paid to the beneficial owners under subsection (6) of this section shall be equal to their proper proportion of the sum offered by the lessee less the Maori Trustee's commission which shall be fixed by him at not more than five percent of the price offered by the lessee. " ( 10) The transfer to a lessee, pursuant to this section, of the land leased to him shall be effected as at one of the dates fixed by the lease for the payment of the rental thereunder, and the Maori Trustee in accepting an offer under this section shall accordingly stipulate such a date for settlement, and the lessee shall be bound accordingly. " ( 11) If at any time while the lessee's offer remains open for acceptance, the Maori Trustee is satisfied that he is unable to purchase sufficient interests from the beneficial owners to enable him to sell the freehold to the lessee under this section, he may reject the offer made by the lessee. "(12) Upon the purchase by the Maori Trustee under this section of the shares of any beneficial owners in a block, the Maori Trustee shall reduce the total number of shares of the beneficial owners in the block by the number of shares so purchased and shall remove the names of the beneficial owners whose shares have been purchased from the list of beneficial owners. The Registrar shall make corresponding entries in the records of the Court." Amendments to Maori Reserved Land Act Alienation powers of equitable owners-(1) The Maori Reserved Land Act 1955 is hereby amended by repealing section 10, and substituting the following section: "10. (1) The equitable owner of a freehold interest in reserved land shall have power to deal with the interest in any of the following ways: " (a) He may dispose of the interest by will:

115 1967, No. 124 Maori Affairs Amendment 925 "(b) He may sell the interest to the Maori Trustee for the general purposes of the Reserved and Vested Land Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of the Maori Affairs Amendment Act 1967): "( c) He may sell the interest to the Maori Trustee in accordance with the provisions of section 9A or section 9B of this Act (as inserted by sections 155 and 156 of the Maori Affairs Amendment Act 1967) : " ( d) He may agree to the vesting of the interest by order of the Court under section 213 of the Maori Affairs Act 1953 (as substituted by section 90 of the Maori Affairs Amendment Act 1967)- "( 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, child or remoter issue, brother, sister, parent, brother or sister of a parent, or to the child or remoter issue of a parent or of the brother or sister of a parent: "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 10A of this Act: "(f) He may exeroise in respect of an interest in township land a vote on any proposal submitted to a meeting of the assembled owners of the land as provided by section 86 of this Act. "(2) For the purposes of subsection (1) of this section, the term 'equitable owner', in relation to any beneficial freehold interest in reserved land, means the person who is recorded as the owner thereof in the records of the Maori Land Court and of the Maori Trustee; and includes an administrator, assignee, or trustee who is so recorded. "(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." (2) Subsection ( 1) of section 22 of the Maori Purposes Act 1960 is hereby repealed.

116 926 Maori Affairs Amendment 1967, No Registration of security-the Maori Reserved Land Act 1955 is hereby further amended by inserting, after section 10, the following section: "10A. (1) An assignment by way of security of the equitable and beneficial freehold interest in reserved 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 reserved 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 Maori Trustee in respect of that interest. "( 4) On written app}lication 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 savisfied 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 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 two months after the date of 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) of this section for the service of any notice upon the assignor or his representative if it is satisfied that his whereabouts are unknown."

117 1967, No. 124 Maori Affairs Amendment Sale of reserved land to lessees-the Maori Reserved Land Act 1955 is hereby amended by inserting, after section 9, the following section: "9A. (1) In this section and in section 9B of this Act the term 'reserve' means all reserved land held by the Maori Trustee upon the same trusts for one group of beneficial owners. "(2) Subject to the provisions of this section, the Maori Trustee may sell to the lessee thereof, reserved land of the following classes: "(a) Settlement land: " (b) Land in a Maori reserve which is beneficially owned in equity by specified persons and over which a prescribed lease has been granted: "( c) Township land over which a prescribed lease has been granted. "( 3) The Maori Trustee may in his absolute discretion determine that the sale pursuant to this section of the land in any specified reserve or group of reserves is impractical or inexpedient, and may inform a lessee of any such land that no offer for the land under this section can be entertained. " ( 4) A lessee of reserved land to which subsection (1) of this section relates may give notice to the Maori Trustee that he desires to acquire the freehold of the land comprised in his lease at a price to be stated in the notice, being a sum not less than the amount of the unimproved value of the land as determined by a special valuation to be made for the purposes of this subsection by the Valuer-General, at the expense of the lessee, not earlier than six months before the date of the notice, with the addition of ten percent thereof: "Provided that, in any case where the Maori Trustee is aware that there is attached to or forming part of the land any timber, flax, minerals, or other thing of a substantial value not included in the capital value as aforesaid, the value thereof, assessed by such means as are in the opinion of the Maori Trustee appropriate, shall, for the purposes of this subsection, be added to the unimproved value. " ( 5) Any notice given under subsection (4) of this section shall be deemed to be an offer open for acceptance by the Maori Trustee for a period of two years and shall be accompanied by a deposit equal to ten percent of the price offered by the lessee; but any such deposit shall be refunded to the lessee if the Maori Trustee is, for any reason, unable to accept his offer.

118 928 Maori Affairs Amendment 1967, No. 124 "( 6) Where any such notice has been given, the Maori Trustee may, out of the Reserved and Vested Land Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of the Maori Affairs Amendment Act 1967) purchase from one or more of the beneficial owners of the reserve of which the land to which the notice relates forms part, the number of shares appropriate to such land, calculated in accordance with the provisions of subsection (7) of this section. " (7) The number of shares appropriate to any land for the purposes of subsection (6) of this section shall be that number equal to the proportion of the total shares in the reserve, which the unimproved value of the land, as appearing in the district valuation roll then in force under the Valuation of Land Act 1951, bears to the sum of the unimproved values of all parcels of land in the reserve as appearing in that roll: "Provided that in the case of a reserve of which any parcels of land are leased under leases which confer on the lessee neither a right of perpetual renewal nor a right of full compensation for all improvements, there shall for the purposes of this calculation be added to the sum of the unimproved values, the value of the improvements on any such parcels as appearing in that roll, or, in the case of any lease conferring limited rights of compensation for improvements, the appropriate part or proportion of the value of the improvements or of the appropriate improvements as appearing in the roll. " (8) In any case where the whole of the land comprised in a reserve is not valued in the one district valuation roll, the Valuer-General shall from time to time as it becomes necessary by reason of the revision of any roll, supply to the Maori Trustee, for the purpose of subsection (7) of this section, a certificate or certificates setting out the unimproved values of every parcel of land comprised in the reserve as appearing in the district valuation rolls then in force, with such modifications as the Valuer-General may determine as being necessary to give the unimproved values of the several parcels a comparable value as at the date of the certificate or certificates: "Provided that, in any case where the Maori Trustee is aware that there is attached to or forming part of the land any timber, flax, minerals, or other thing of a substantial value or where the beneficial owners by virtue of their ownership are deemed to be entitled to any personal property, the

119 1967, No. 124 Maori Affairs Amendment 929 unimproved value of any such land shall, for the purposes of this subsection, be increased by the value of the timber, flax, minerals, or other thing or any such personal property, assessed by such means as in the opinion of the Maori Trustee are appropriate. " (9) The price to be paid to the beneficial owners pursuant to subsection (6) of this section shall be equal to their proper proportion of the sum offered by the lessee less the Maori Trustee's commission which shall be fixed by him at not more than five percent of the price offered by the lessee. " ( 10) The transfer to a lessee, under this section, of the land leased to him shall be effected as at one of the dates fixed by the lease for the payment of the rental thereunder, and the Maori Trustee in accepting an offer under this section shall accordingly stipulate such a date for settlement, and the lessee shall be bound accordingly. "( 11) If at any time while the lessee's offer remains open for acceptance, the Maori Trustee is satisfied that he is unable to purchase sufficient interests from the beneficial owners to enable him to sell the freehold to the lessee under this subsection, he may reject the offer made by the lessee. "(12) Upon the purchase by the Maori Trustee pursuant to this section, of the shares of any beneficial owners in a reserve, the Maori Trustee shall reduce the total number of shares of the beneficial owners in the reserve by the number of shares so purchased and shall remove the names of the beneficial owners whose shares have been purchased from the list of beneficial owners. The Registrar shall make corresponding entries in the records of the Court." 156. Powers of Maori Trustee in respect of leases-the Maori Reserved Land Act 1955 is hereby further amended by inserting, after section 9A, the following section: "9B. (1) In any case where the Maori Trustee is prepared pursuant to section 27 or section 28 of this Act, or may be required under the said section 28, to grant to a subsisting lessee a prescribed lease of township land or of land in a Maori reserve owned in equity by specified persons, he may at his absolute discretion instead of granting a prescribed lease sell to the lessee the land leased to him in accordance with the provisions of this section and of section 9A of this Act. "(2) The consideration to be paid in respect of any sale pursuant to subsection (1) of this section shall be as fol1ows: "(a) Such sum, if any, as would be payable to the Maori Trustee pursuant to subsection (2) of section 27

120 930 Maori Affairs Amendment 1967, No. 124 of this Act in respect of the value of the reversionary interest of the Maori Trustee in the improvements on the land comprised in the lease if the lease was surrendered under the said section 27; together with "(b) A sum not less than the minimum price which, if the subsisting lease were a prescribed lease, would be required to be stated in any notice given by him under subsection (5) of section 9A of this Act in respect of the land comprised in the lease. "(3) The Valuer-General may, at the request of the ~Iaori Trustee and on payment by him of the appropriate fee, make in respect of the land comprised in any lease to which this section applies, a special valuation for the purposes of this section and shall, where so requested, in manner provided by subsection (2) of section 27 of this Act, estimate from the special valuation the value of the reversionary interest of the Maori Trustee in the improvements on the land. "( 4) The Maori Trustee shall upon payment to him by the lessee of half of the costs paid in respect of the special valuation, inform the lessee of the details thereof and the lessee may thereupon within six months after the date of the special valuation give notice to the Maori Trustee that he desires to acquire the land at a price to be stated in the notice being a sum not less than the consideration required by subsection (2) of this section to be paid in respect of a sale under this section. "( 5) Any notice given under subsection (4) of this section shall be deemed to be an offer open for acceptance by the Maori Trustee for a period of two years and shall be accompanied by a deposit equal to ten percent of the price offered by the lessee; but any such deposit shall be refunded to the lessee if the Maori Trustee is, for any reason, unable to accept his offer. " (6) Where any such notice has been given, the Maori Trustee may, out of the Reserved and Vested Land Purchase Fund established by section 41A of the Maori Trustee Act 1953 (as inserted by section 128 of the Maori Affairs Amendment Act 1967) and in accordance with that section, purchase from one or more of the beneficial owners of the reserve of which the land to which the notice relates forms part, the number of shares appropriate to such land, calculated in accordance with the provisions of subsection (7) of section 9A of this Act.

121 1967, No. 124 Maori Affairs Amendment 931 " (7) The price to be paid to the beneficial owners pursuant to subsection (6) of this section shall be equal to their proper proportion of the sum offered by the lessee after deducting therefrom first, any amount fixed by the Valuer-General in respect of the reversionary interest of the Maori Trustee in the improvements on the land and secondly, the Maori Trustee's commission on the remainder which shall be fixed by him at not more than five percent of the price offered by the lessee. " (8) The transfer to a lessee, under this section, of the land leased to him shall be effected as at one of the dates fixed by the lease for the payment of the rental thereunder, and the Maori Trustee in accepting an offer under this section shall accordingly stipulate such a date for settlement, and the lessee shall be bound accordingly. "(9) If at any time while the lessee's offer remains open for acceptance, the Maori Trustee is satisfied that he is unable to purchase sufficient interests from the beneficial owners to enable him to sell the freehold to the lessee under this subsection, he may reject the offer made by the lessee. " ( 10 ) Upon the purchase by the Maori Trustee pursuant to this section, of the shares of any beneficial owners in a reserve, the Maori Trustee shall reduce the total number of shares of the beneficial owners in the reserve by the number of shares so purchased and shall remove the names of the beneficial owners whose shares have been purchased from the list of beneficial owners. The Registrar shall make corresponding entries in the records of the Court." 157. Repeals-The following enactments are hereby repealed: ( a) Section 20 of the Maori Purposes Act 1963: (b) Section 16 of the Maori Purposes Act 1964: ( c) Section 14 of the Maori Purposes Act This Act is administered in the Department of Maori Affairs.

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