New Zealand Acts

MAORI PURPOSES ACT 1931 - SECT 66

66 Old Native Pa at Kaiapoi to be a reserve under control of Kaiapoi Reserve Board

1 The land known as the old Native Pa at Kaiapoi, containing 11 acres or thereabouts, and situate in the Rangiora Survey District and called Reserve 873A, is hereby declared to be held by His Majesty the King as a reserve for the benefit of the Maori to whom the same was promised or their descendants.

2 The land and water known as the Waikuku Lagoon, containing 24 acres or thereabouts, situated in Block VIII, Rangiora Survey District, and being the balance or southern portion of Reserve 1873, is hereby declared to be held by His Majesty the King as a reserve for the same purposes and persons as is prescribed in subsection (1).

3 The control and management of the said reserves shall vest in a Board of Managers called the Kaiapoi Reserve Board (hereinafter referred to as the
"said Board" ), consisting of—

a) the Stipendiary Magistrate for the time being exercising jurisdiction at Kaiapoi, or if there be no such appointment, then the senior Stipendiary Magistrate at Christchurch or such other Stipendiary Magistrate as he shall appoint. The Stipendiary Magistrate so acting shall be the Chairman of the said Board:

b) the members of Parliament for the time being for the Southern Maori Electoral District and for the Kaiapoi Electoral District, or such other districts as shall replace them and have the said reserves within their boundaries:

c) 3 other persons to be appointed by the Minister of Maori Affairs.

4 For any cause which may seem to be sufficient the Minister of Maori Affairs may, in writing under his hand, remove from office any member appointed under paragraph (c) of the last preceding subsection. Any vacancy caused by the death, resignation, or removal of any such member may be filled by the Minister of Maori Affairs.

5 The said Board, with the approval of the Governor-General in Council, may from time to time make bylaws for—

a) the management, preservation, and disposition of the said reserves or any part thereof:

b) the governing and control of all persons, horses, carriages, and vehicles using or frequenting the same:

c) the fixing of an entrance fee for admission thereto:

d) regulating the time of admission and exclusion:

e) the depasturing of cattle thereon:

f) the exclusion of dogs or other animals therefrom, and their destruction if intruding thereon:

g) the prevention of any nuisance:

h) the grant or regulating of fishing privileges:

i) generally regulating the use of the said reserves.

6 Any person offending against any such bylaw shall be liable on conviction to a penalty not exceeding 5 pounds.

7 All such penalties may be recovered in accordance with Part 3 of the Summary Proceedings Act 1957, and shall be paid to the said Board and be applied as other moneys are hereinafter directed to be applied.

8 The Board is hereby empowered to lease any portion of the said reserves for such period not exceeding 21 years and subject to such rents or conditions and in such manner or form as it may think fit.

9 Any instrument requiring to be executed by the Board may be executed in the name of the Board by 3 members of the Board (one of whom shall be the Chairman); and any lease may be registered and may be dealt with in the same manner as if it were a lease of Crown lands granted by a Land Board, but the provisions of the Land Act 1924 shall not otherwise apply to any such lease.

10 All sums of money received under or by virtue of this section shall be applied in managing, administering, and improving the said reserves, and generally towards carrying into execution the purposes and objects of this section, and for any other purpose which the Minister of Maori Affairs may approve, although it may not be strictly applicable to such reserves or to the persons intended to benefit thereunder.

11 The Board may, if it thinks it necessary or advisable, apply to the court to ascertain and determine who are the persons entitled to the benefit of the said reserves, and the court shall be deemed to have jurisdiction to determine such matters and make orders accordingly. In such case it shall not be compulsory for the court to define the relative shares in which the beneficiaries are so entitled, but the court may in the same or any subsequent order determine such relative shares.

Note: 1924 No 45 s 21

History: Section 66(1): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).   Section 66(3)(c): amended, on 27 November 1947, pursuant to section 3(2) of the Maori Purposes Act 1947 (1947 No 59).     Section 66(4): amended, on 27 November 1947, pursuant to section 3(2) of the Maori Purposes Act 1947 (1947 No 59).     Section 66(7): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).     Section 66(10): amended, on 27 November 1947, pursuant to section 3(2) of the Maori Purposes Act 1947 (1947 No 59).