Maori Lands Administration Regulations




SEPT. 9.] THE NEW ZEALAND GAZETTE. 2291

Regulations under “The Maori Lands Administration Act, 1900,” and its Amendments.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirtieth day of August, 1909.

Present:

THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.

WHEREAS by the fiftieth section of “The Maori Lands Administration Act, 1900,” it is enacted that the Governor may from time to time, by Order in Council published in the Gazette and Kahiti, make regulations for any of the purposes in the said section specified:

And whereas regulations under the above-in-part-recited Act have, by Order in Council of the twenty-sixth day of December, one thousand nine hundred, been made and published as aforesaid: And whereas by further Orders in Council of the twentieth day of April and the twenty-fourth day of August, one thousand nine hundred and three, the thirteenth day of February, one thousand nine hundred and four, and the second day of May, one thousand nine hundred and eight, published in the like manner, such regulations have been supplemented, amended, and altered:

And whereas it is expedient to revoke the above-recited regulations, and in lieu thereof to make the regulations hereinafter set forth:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred upon him as aforesaid, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke the aforesaid regulations of the twenty-sixth day of December, one thousand nine hundred, the twentieth day of April and the twenty-fourth day of August, one thousand nine hundred and three, the thirteenth day of February, one thousand nine hundred and four, and the second day of May, one thousand nine hundred and eight, respectively, and in lieu thereof doth hereby make the regulations following for the purposes of the said Act, namely:—

REGULATIONS.

  1. In these regulations, if not inconsistent with the context, the expressions following shall have the meanings attached thereto,—

“ The said Act ” means “ The Maori Lands Administration Act, 1900,” and its amendments.

“ Lease ” means a lease under the said Act.

“ Board ” means the Maori Land Board constituted under the said Act.

“ President ” means the President of the Board.

“ Under-Secretary ” means the Under-Secretary for Native Affairs.

“ Minister ” means the Minister of Native Affairs.

“ Lessor ” means the Board or the Maori lessor, as the case may be.

“ Lessee ” means any person declared a lessee under the said Act, and includes the lessee under a lease under the said Act.

“ Cultivation ” has the same meaning as is given to that expression by “ The Land Act, 1908.”

“ Improvements,” “substantial improvements,” and “substantial improvements of a permanent character” have the same meaning as is given to the expression “substantial improvements of a permanent character” by “ The Land Act, 1908.”

  1. Each Board shall have office premises which shall be known as the District Maori Land Board Office for the purposes of these regulations.

  2. The office shall be open for public business from 10 a.m. to 1 p.m., and from 2 p.m. to 4 p.m., except on Saturdays, when it shall be closed at 12.30 p.m.; and it shall not be open on any days declared or appointed by the Government to be public holidays.

  3. The Board shall meet for the despatch of business at such times and places as may be notified in the Gazette and Kahiti by the President, or by adjournment of a previous meeting.

  4. Applications for approval or recommendation (except applications previously adjourned) to be dealt with at an ordinary meeting shall not be proceeded with unless the same have been notified in the Gazette or Kahiti for at least seven (7) clear days previous to the hearing.

  5. The fees set out in the Schedule are hereby fixed as the fees to be paid under the said Act and these regulations: Provided that, if it shall appear to the satisfaction of the Board that any person is unable to pay or ought not to be called upon to pay such fees, it shall be lawful for the Board to dispense with the payment thereof, or of any part thereof, subject to such terms as the Board shall think fit.

  6. All moneys received by the Board shall be acknowledged on a printed form of receipt, and the duplicate copy retained by the Board shall be countersigned by some person (other than the paying officer), who shall certify that the same is a true copy.

  7. Receipts shall be numbered consecutively, and the number of each receipt shall be quoted in the cash-book and other books of accounts used by the Board.

  8. All books and vouchers shall be open to inspection by and shall be produced to the Under-Secretary or any Inspector appointed by the Minister to examine the same.

  9. The Board shall from time to time, at such intervals as the Under-Secretary may direct, render accounts showing the position and state of every account, and a copy thereof shall be sent to a beneficiary in every trust to be nominated by the Board.

  10. Any beneficiary requiring a statement of such accounts shall pay such charge as shall be fixed by the President: Provided that the President shall have sole discretion as to whom such accounts may be supplied.

  11. The Board shall at its first meeting after the 1st days of January and July in each year have a return laid before the meeting showing names of lessees and amount owing by any person whose rent-payments are two months in arrears, and a statement of the same shall thereupon be forwarded to the Under-Secretary.

  12. The Board’s pass-book shall be made up to the close of business on the day preceding any ordinary meeting, and the same, with the usual bank certificate, shall be laid before the meeting, and the certificate shall then be forwarded by the Clerk to the Under-Secretary.

  13. All moneys payable by the Board may be paid subject to a certificate of the President being given that the account (or demand) is in order.

  14. The mark of any payee unable to write, and the mark or signature of every Maori, must be witnessed by some person other than the paying officer, and no claim shall be paid to a Maori until the paying officer has had the signature duly attested.

  15. The officers of the Board will be held responsible for all errors in calculation in the accounts or claims, and for any loss due to neglect of these regulations or of the written instructions given by the President.

  16. The Board may lend money upon such terms and at such rate of interest as it may by resolution determine on any security which may be accepted by any lending Department of the Government: Provided that such rate of interest shall in no case be less than the rate of interest for the time being charged by the lending Departments of the Government.

  17. The Board may deposit with the Public Trustee any of its funds as it may deem expedient, and such funds so deposited shall not be withdrawn except upon a resolution of the Board.

Papakaingas.

  1. Upon the allocation of a papakainga to a Maori the Board shall issue a notice of allocation to such Maori in Form I in the Schedule hereto.

  2. The Board shall thereupon cause a papakainga certificate to be prepared, and shall forward the same to the District Survey Office to enable a plan to be indorsed thereon.

  3. Papakainga certificates shall be in Form H in the Schedule hereto, and shall have indorsed thereon by the Survey Department of the district in which the land is situated a plan of the land set apart by the certificate as a papakainga.

  4. The Board may pay the cost of the survey in one sum or by instalments, as it may arrange, out of any funds at its disposal, or which it may borrow for such purpose on the security of any other lands owned by the Maori to whom such papakainga certificate has been allocated: Provided that where more than one papakainga has been included in the survey the cost of the survey shall be proportionately borne by each of the Maoris benefiting by the survey.

  5. The Board shall collect from the holder of the papakainga certificate the cost of preparation and issue of such certificate according to scale.

Lands for Disposal.

  1. Any lands before being disposed of shall be classified as provided in section 16 of “The Maori Land Claims Adjustment and Laws Amendment Act, 1907.”

  2. The Board may, in order to open up any land vested in it, or for any other purpose authorised by the said Act, borrow or raise money as in the said Act is provided, and may expend the same for all or any of such purposes.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1909, No 74





✨ LLM interpretation of page content

🪶 Regulations under the Maori Lands Administration Act, 1900

🪶 Māori Affairs
30 August 1909
Regulations, Maori Lands, Administration, Board, Lease, Papakainga
  • Plunket, Governor
  • The Honourable James Carroll, Presiding in Council