New Zealand Acts

MAORI PURPOSES ACT 1931 - SECT 105

105 Providing for administration of Parihaka Native Settlement

Whereas pursuant to section 6 of the West Coast Settlement Reserves Amendment Act 1915 the court, by an order made on 9 June 1916, purported to vest portions of the land described in the said section—namely, the parcels containing in the aggregate 451 acres and 4 perches, more or less, and designated by the court as Parihaka Numbers 9, 10, 11A, and 51 (hereinafter referred to as the
"said land" )—in 10 persons upon certain trusts:   And whereas doubts have arisen as to the validity of such order, and it is desirable to confer upon the court the jurisdiction herein appearing:     Be it therefore enacted as follows:  

1 Upon the commencement of this Act the said land shall cease to be subject to the West Coast Settlement Reserves Act 1892 and shall revest in the beneficial owners thereof.

2

a) The order made on 9 June 1916 is hereby cancelled, and the court is directed to ascertain and determine the names and relative interests of the persons entitled as owners of the said land and to make an order accordingly. Such order shall take effect as a partition order as from 9 June 1916, subject, however, to any order that may have been made under the next succeeding subsection.

b) In exercising jurisdiction under this subsection the court shall not be bound by any Crown grant or former title to the said land, nor by any previous finding of the court, and may take into consideration the necessity of affording protection to those who have been occupying or residing upon any part of the land, and may, if it thinks it expedient, admit any such persons into the title under such conditions as it thinks fit.

3

a) The court may, notwithstanding that an order has not been made under the last preceding subsection, and without the necessity of the consent prescribed by Part 17 of the principal Act , make in respect of the owners of the said land an order of incorporation under the said Part 17.

b) Notwithstanding anything to the contrary in the said Part 17, the Committee of Management of the said land may consist of any number of persons not exceeding 10.

4 The court shall have jurisdiction to inquire and determine whether any stock now or heretofore depasturing upon the said land or any stock or personal property used or employed in connection with the said land or any money in the hands of any bank, company, or person ought in its opinion to be vested in the body corporate constituted under this section, and to make 1 or more orders vesting the same or any part thereof accordingly; and every order shall take effect according to its tenor. The court may, pending the settlement of any dispute regarding any moneys, direct that the moneys concerned be paid to the Maori Land Board, whose receipt shall be a sufficient discharge therefor in the same manner as if the money had been paid to the persons entitled thereto.

5 The parcels of land known as Parihaka 9, Parihaka 10, together with such part not exceeding 50 acres of Parihaka 11A as the court may by its order determine, shall be hereafter exempt from rating under the Local Government (Rating) Act 2002 .

History: Section 105(5): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).