Maori Reserved Land Act 1955

Reprint as at 1 July 2009 Maori Reserved Land Act 1955 Public Act 1955 No 38 Date of assent 20 October 1955 Commencement see section 1(2) Contents Page Title 5 1 Short Title and commencement 5 2 Interpretation 5 Part 1 General provisions applicable to reserved land 3 Reserved land to be subject to this Act 6 4 Governor-General in Council may declare land to be a 7 Maori reserve 5 Trusts for reserved land 8 6 Registration of Māori Trustee’s title 8 7 Status of reserved land 9 8 General powers of Māori Trustee in relation to reserved 9 land 9 Power of Māori Trustee to sell reserved land 10 9A Sale of reserved land to lessees [Repealed] 10 9B Powers of Maori Trustee in respect of leases [Repealed] 11 10 Alienation powers of equitable owners 11 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. This Act is administered by Te Puni Kōkiri. 1 Reprinted as at Maori Reserved Land Act 1955 1 July 2009 10A Registration of security 12 11 Court may determine beneficial owners of reserved land 13 12 Court may define trusts 14 13 Court may partition reserved land 14 14 Court may vest reserved land in beneficial owners 15 15 Exchange of interests 16 15A Constitution of Maori incorporations to administer 16 reserved land Part 2 Succession to and disposal of beneficial interests in reserved land 16 Persons entitled to succeed deceased owner 19 17 Title of successors 19 18 Court to determine successors 20 19 Uneconomic interests defined [Repealed] 20 20 Disposition of interests of deceased owner 21 21 Acquisition of uneconomic interests by Maori 21 Trustee [Repealed] 22 Maori Trustee may purchase interests by 21 agreement [Repealed] 23 Money to be paid from conversion fund [Repealed] 22 24 Application of revenues from interests 22 acquired [Repealed] 25 Succession fee payable on interests in reserved land 22 Part 3 Provisions with respect to leases of Maori reserves and township land 26 Māori Trustee may lease unleased Maori reserve or 22 township land 27 Conversion of leases of Maori reserves or township land 23 28 Optional rights on renewal of leases 24 29 Terms of prescribed lease may be modified by agreement 24 30 Valuations for rent fixation 25 31 Valuation certificates to be prepared 25 32 General provisions as to valuations 26 32A Special valuations made on or after 1 July 1998 26 33 Notice of valuation and right of objection thereto 27 34 Rents under renewable leases 29 35 Minimum annual rent in leases of rural land 30 36 Annual rent where minimum reduced because of 30 uncontrollable deterioration 2 Reprinted as at 1 July 2009 Maori Reserved Land Act 1955 37 Lessee may require Māori Trustee to reduce minimum 31 annual rent 38 Procedure when lessee does not accept renewal of a lease 31 39 Procedure where right to new lease not purchased 33 40 Date of commencement of new lease when offered for 34 public competition 41 Until new lease commences, former lease deemed to 34 continue 42 Rights where lessee does not elect to take a renewable 34 lease in prescribed forms 42A Surrender of leases 35 Jurisdiction of Land Valuation Tribunal 43 Objections to valuations 36 44 Hearing and determinations of objections 36 45 Proceedings in relation to destroyed or damaged 36 improvements 46 Notification of amendments 37 47 Appeal to High Court from Tribunal’s determination 37 48 Appeals by notice of motion 37 49 Service of notice of motion 38 50 Cross appeals 38 51 Chairman of Tribunal to prepare report 39 52 Court may affirm or vary determination 39 53 Determination as to uncontrollable deterioration 40 54 Costs 40 55 Ordinary practice and procedure to apply 41 56 Valuer-General’s right of audience 41 57 Land Valuation Tribunal to have exclusive jurisdiction 41 Part 4 Provisions with respect to leases of settlement reserves 58 Interpretation 42 59 Māori Trustee may lease unleased settlement reserves 42 60 Renewal of subsisting leases 42 61 Renewable leases 43 62 Minimum annual rent 43 63 Minimum rent in cases of uncontrollable deterioration 44 64 Valuations for renewal of leases 44 65 Certificate of valuation to be prepared 45 66 Notice of valuations and right of objection thereto 46 67 Where no objection lodged, renewal to be offered to 46 lessee 3 Reprinted as at Maori Reserved Land Act 1955 1 July 2009 68 Procedure after objection determined 47 69 Procedure where lessee does not accept renewal 48 Jurisdiction of Valuation Appeal Committee 70 Valuation Appeal Committee 48 71 Remuneration and allowances of members of Committee 49 72 Certain costs of administration to come out of appropriated 50 money 73 Procedure of Committee 50 74 Objections to valuations to be heard by Committee 50 75 Determination as to uncontrollable deterioration 51 76 Valuer-General to be notified of Committee’s 52 decisions [Repealed] Part 5 General provisions with respect to leases of reserved land 77 Lands held in trust for different owners may be comprised 52 in 1 lease 78 Registration of leases 52 79 Adjoining areas may be incorporated in existing lease 53 80 Implied covenants in leases of reserved land 53 81 Rights of tenants in common 54 82 Submissions to arbitration 54 83 Fees, costs, and expenses 55 84 Māori Trustee may reduce rents of certain leased lands 56 used for charitable purposes Part 6 General Disposition of township land 85 Township land may be sold to Crown 56 86 Township land may be sold to private persons 57 87 Township land may be vested in owners 57 Miscellaneous 88 Māori Trustee to distribute capital moneys to owners of 59 reserved land 88A Proceeds of Wellington tenths sales may be used to 59 acquire land or erect buildings 89 Trust for Auckland and Onehunga Hostels Endowment 59 90 Nelson Tenths Benefit Fund 61 91 Special provisions applying to certain Motueka reserves 61 92 Service of notices 62 4 Reprinted as at 1 July 2009 Maori Reserved Land Act 1955 s 2 93 Repeals and savings 63 Schedule 1 65 Schedule 2 66 Schedule 3 80 Enactments repealed An Act to consolidate and amend the law relating to the administration of the lands comprised in Maori reserves, West Coast settlement reserves, and Maori townships, and to make provision in respect of certain other lands administered by the Māori Trustee Title: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12). 1 Short Title and commencement (1) This Act may be cited as the Maori Reserved Land Act 1955. (2) This Act shall come into force on 1 January 1956. 2 Interpretation (1) In this Act, unless the context otherwise requires,— court means the Maori Land Court Land Valuation Tribunal or Tribunal means a Land Valuation Tribunal established under the Land Valuation Proceedings Act 1948; and the Land Valuation Tribunal or the Tribunal, when used in relation to any land, means the particular Land Valuation Tribunal to which any application or appeal or matter arising under this Act and relating to that land has been made or referred lessee includes the successors, executors, administrators, and assigns of a lessee Maori reserve means land constituted a Maori reserve by or pursuant to this Act Minister means the Minister of Maori Affairs prescribed lease means a lease in either of the forms of lease prescribed in Schedule 2 5 Reprinted as at Part 1 s 3 Maori Reserved Land Act 1955 1 July 2009 reserved land means land constituted reserved land by this Act settlement reserve means land constituted a settlement reserve by this Act township land means land constituted township land by this Act Valuation Court means the High Court, including the addi- tional members holding office under the Land Valuation Pro- ceedings Act 1948, in the exercise of its jurisdiction under that Act. (2) Unless the context otherwise requires, terms and expressions that are defined in the Maori Affairs Act 1953 have, when used in this Act, the meanings that are given thereto by that Act. Section 2(1) Land Valuation Tribunal or Tribunal: inserted, on 1 September 1977, by section 6(6) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15). Section 2(1) Valuation Court: replaced, on 1 April 1969, by section 15 of the Land Valuation Proceedings Amendment Act 1968 (1968 No 42). Section 2(1) Valuation Court: amended, on 15 August 1991, pursuant to section 3(5) of the Judicature Amendment Act 1991 (1991 No 60). Part 1 General provisions applicable to reserved land 3 Reserved land to be subject to this Act (1) All lands which immediately before the commencement of this Act were subject to the Maori Reserves Act 1882 or the West- land and Nelson Maori Reserves Act 1887 shall, at the commencement of this Act, become Maori reserves subject to the provisions of this Act. (2) The lands referred to in the first column of Schedule 1 (being lands which have heretofore been administered by the Māori Trustee under the enactments referred to in the second column of the said schedule) shall, at the commencement of this Act, become Maori reserves subject to the provisions of this Act. (3) All lands, other than any land to which subsection (2) relates, which immediately before the commencement of this Act were subject to the provisions of the West Coast Settlement Re- 6 Reprinted as at 1 July 2009 Maori Reserved Land Act 1955 Part 1 s 4 serves Act 1892 shall, at the commencement of this Act, become settlement reserves subject to the provisions of this Act.

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