New Zealand Acts

MAORI VESTED LANDS ADMINISTRATION ACT 1954 - SECT 2

2 Interpretation

1 In this Act, unless the context otherwise requires,—  
"capital value" of land means the sum which the owner's estate or interest therein, if unencumbered by any mortgage or other charge thereon, might be expected to realise at the time of valuation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to require    
"former lease" means any lease of which a subsisting lease is or purports to be a renewal or for which a subsisting lease is or purports to be in substitution; and includes a lease of which a former lease was or purported to be a renewal or for which a former lease was or purported to be in substitution; but does not include any lease granted at any time before the land comprised in the lease was vested in a Maori Land Board under Part 14 or Part 15 of the Maori Land Act 1931 or under the corresponding provisions of any former Act; and
"former lessee" has a corresponding meaning    
"improvements" on land means, subject to the provisions of subsection (2), all work done or material used at any time on or for the benefit of the land by the expenditure of capital or labour by any owner or lessee thereof in so far as the effect of the work done or material used is to increase the value of the land, and the benefit thereof is unexhausted at the time of valuation; but does not include work done or material used on or for the benefit of the land by the Crown or by any statutory public body, except so far as the work done or material used has been paid for by the owner or lessee by way of direct contribution    
"improvements effected by the lessee" means improvements effected by a lessee during the currency of a subsisting lease or during the currency of any former lease; and includes improvements paid for, purchased, or otherwise acquired by a lessee whether from a former lessee or otherwise    
"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    
"new lease" means a lease granted under the provisions of Part 2     
"subsisting lease" means a lease of vested land subsisting at the commencement of this Act    
"unimproved value" of any land means the sum, exclusive of the value of any indigenous timber trees, which the owner's estate or interest in the land, if unencumbered by any mortgage or other charge thereon, might be expected to realise at the time of valuation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to impose, and if no improvements (as hereinbefore defined) had been made on the said land    
"Valuation Court" means the High Court, including the additional members holding office under the Land Valuation Proceedings Act 1948 , in the exercise of its jurisdiction under that Act    
"value of improvements" means the added value which at the date of valuation the improvements give to the land    
"vested land" means land which is subject to the provisions of this Act.  

2 Where any work done or material used on or for the benefit of vested land by the Crown or by any statutory public body has been paid for by way of direct contribution from the owner or the lessee of the land, the increase in the value of the land shall not exceed the amount of the direct contribution aforesaid, and the onus of proving the amount of the contribution shall be upon the owner or the lessee, as the case may require.

History: 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).