Maori Council By-Laws




2892

THE NEW ZEALAND GAZETTE.

[N0. 72

The Maori Council of the Araiteuru Maori District.

THE Maori Council of the Araiteuru Maori District,
constituted under subsection (2), section 15, of the
Native Land Amendment and Native Land Claims Adjustment Act, 1916, as a Maori Council under the Maori Councils
Act, 1900, and its amendments, and the Health Act, 1920,
hereby makes the following by-laws. Under and by virtue
of the said Acts and amendments, such by-laws to come into
operation upon the approval thereof by the Governor-General
and the publication of the same in the Gazette.

BY-LAWS.

INTERPRETATION.

In these by-laws, except where inconsistent with the context
or when otherwise expressly provided, the following expressions
shall have the meanings attached thereto:-
“The said Act” means the Maori Councils Act, 1900,
and its amendments:
“The Council” means the Maori Council of the Araiteuru
Maori District constituted under the said Acts:
“The Committee” or “Village Committee” means the
Village Committee of a Maori kainga, village, or pa
appointed by the Maori Council under the provisions
of the said Acts:
“District” means the Araiteuru Maori District proclaimed by the Governor-General under the provisions of the said Acts:
“Native township” means a township constituted under
the Native Townships Act, 1910:
“Prescribed” means prescribed by rules or regulations
made under the said Acts or by these by-laws.

(A) GENERAL PROVISIONS.

  1. All deaths shall be notified by the nearest of kin, or,
    in his absence, by the owner or occupier of the dwelling where
    death took place, to the nearest Registrar of Births, Deaths,
    and Marriages within thirty-six hours of death. Failure to
    comply shall render the offender liable to a penalty not
    exceeding £1.

  2. In every case of death, where the deceased has not been
    attended to by a qualified medical practitioner, the Committee shall investigate the circumstances surrounding such
    death with regard to the nature of illness, duration, treatment,
    and names of persons who treated or were in attendance on
    deceased, and report the results of this investigation to the
    nearest Registrar of Maori Births, Deaths, and Marriages.

  3. Human corpses shall be buried, if death occurs between
    the 15th day of March and 15th day of September (both
    days inclusive) in any year, within four days after death;
    and if the death occurs between the 16th day of September
    and the 14th day of March of the following year (both days
    inclusive), within three days after death unless the Medical
    Officer of Health or the Director of Maori Hygiene shall
    otherwise direct.

  4. Where death has occurred from an infectious disease,
    the corpse shall be buried within twenty-four hours after
    death. The corpse shall be removed from the dwelling,
    tent, hospital, or place where death occurred to the cemetery
    without being allowed to lie in state at any intermediate or
    village, and no tangi shall be held.

  5. It shall be the duty of the nearest relatives of the
    deceased, or, in their absence, of the owner or occupier of the
    house or premises wherein deceased died, to comply with the
    provisions of By-laws 3 and 4, and all or any of them shall
    be deemed guilty of a breach thereof as the Council may
    deem fit, and shall be liable to a penalty not exceeding £5
    for each offence.

  6. No human corpse shall be buried except with the
    permission of the Council, in any place other than a burialground recognized by the inhabitants of a Maori kainga, or
    reserved or set apart by them or some duly constituted
    authority as a burial-ground.

  7. No human corpse shall be permitted to lie in state
    inside or in front of any meeting-house or in the courtyard
    (marae) thereof, but may lie in state at some other spot in
    the vicinity that may be indicated by the Chairman of the
    Committee.

(B) BUILDINGS.

  1. No person shall erect a dwellinghouse upon any site
    not having natural or artificial subsoil drainage sufficient to
    prevent such site being damp, or upon any site having matter
    thereon which may prove injurious to the health of the
    occupants of such buildings. The ground underlying every
    dwellinghouse shall be so formed and graded that no water
    can flow or lodge thereon or under any part of such building.
    Where the site of an erected dwellinghouse is considered
    injurious to the health of the occupants the Council may
    order the owner or occupier to remove such building to a more
    healthy site.

  2. Every person who shall erect a dwellinghouse shall
    construct every room intended to be used as a living-room
    so that the same shall be not less than 8 ft. 6 in. in height
    from the floor to the ceiling in every part; provided that
    every room intended to be used as aforesaid with a sloping
    or unceilinged roof shall be not less than 9 ft. in height from
    the floor to the roof one-half the superficial area of such
    room, and no wall thereof shall have a less height than 5 ft.
    before any slope of the roof commences.

  3. Every person who shall erect a dwellinghouse shall
    provide that for every sleeping-room therein there shall be
    at least 36 sq. ft. of floor space to each adult or every two
    children under ten years of age sleeping in that room, and
    there shall be a window-space clear of frames equal in area
    to at least one-tenth of the area of the floor of such room,
    of which window-space at least one-half shall be made to
    open.

  4. Every person who shall erect a dwellinghouse must
    provide each sleeping-room with a boarded floor, so that
    there shall be between the underside of every joist, plate,
    stringer, and bearer on which such floor may be laid or
    supported and the upper surface of the ground a space of
    4 in. at the least in each part, and he shall cause the area
    below such floor to be thoroughly ventilated by some effectual
    method.

  5. In the case of houses already erected the Council may
    require the owner or occupier of any dwellinghouse which
    does not comply with Section B, clauses 10 and 11, to make
    such alterations or additions as may be deemed necessary.

  6. The Council may, or shall, if the Medical Officer of
    Health or Director of Maori Hygiene so directs, order the
    removal or destruction of any building in a dirty and unwholesome state, if in its opinion it is unsuitable for human
    habitation, or if the owner or occupier thereof fails after
    due notice to clean, renovate, or himself remove or destroy
    the same.

  7. The Chairman of the Committee, or any person duly
    authorized by the Committee in that behalf, may by notice
    in writing direct the owner or occupier of any house or other
    building in a dirty and unwholesome state to clean or cause
    the same to be cleaned within a time to be specified in such
    notice.

  8. Any person refusing or neglecting to comply with
    notice for removals, alterations, or cleaning under clauses 8,
    10, 11, 12, 13, and 14 shall be liable to a fine not exceeding
    £1 for the first offence and £5 for every subsequent offence,
    and in the case of persistent refusal or neglect to comply
    the Committee may order the work to be done. Any costs
    incurred by the Committee in and about such removals,
    alterations, or cleanings shall be a debt due to the Committee,
    recoverable as liquidated damages by process in a Magistrate’s Court.

  9. The Committee may, in its discretion, ease or modify
    the application of the foregoing clauses 8, 12, 13, and 14 in
    the case of any old, ill, or feeble person occupying any such
    buildings as aforesaid, so that such clauses shall not press
    heavily on such person. The Chairman of the Committee
    shall report the case and all the circumstances to the Chairman
    of the Council, whereupon the Council shall consider such
    case and decide whether it shall devote part of its funds
    towards cleaning and otherwise improving the dwellings of
    such sick, old, or feeble persons.

  10. The owner or occupier of a dwellinghouse shall be
    held responsible for preventing more persons sleeping in any
    room thereof than are allowed by the floor space laid down
    in clause 10. Failure to comply with this shall render him
    liable to a penalty not exceeding 5s. for a first offence
    and not exceeding 10s. for every subsequent offence.

Movable and Temporary Dwellings.

  1. Every person who shall own or occupy temporarily a
    tent, shed, whare, or similar structure shall be responsible
    that the same is clean, dry, weather-proof, and ventilated.
    Each adult and every two children under ten years of age
    shall be provided with 16 sq. ft. of floor-space.

  2. Every person who shall own or occupy a tent, shed,
    whare, or similar structure which is in such a state as to be
    a nuisance or injurious to health, or which is so overcrowded
    as to be injurious to the health of the inmates, whether or
    not members of the same family, shall be deemed guilty of
    an offence, and shall be liable to a penalty not exceeding
    £1 for a first offence, and not exceeding £5 for every subsequent offence.

Meeting-houses.

  1. The provisions of clause 8 with regard to site shall
    apply to meeting-houses.

  2. The provisions of clause 11 with regard to flooring
    shall apply to meeting-houses.

  3. All meeting-houses, so as to secure adequate ventilation,
    shall be provided with sufficient window-space at either end
    of the building, of which window-space of at least one-half
    shall be made to open.



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