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New Zealand
MAORI TRUST BOARDS ACT 1955

  1. ANALYSIS
    1. 1 Short Title and commencement
    2. 2 Interpretation
  2. I: Constitution of Maori Trust Boards
  3. Aorangi Maori Trust Board
    1. 3 Aorangi Maori Trust Board
  4. Arawa Maori Trust Board
    1. 4 Arawa Maori Trust Board
  5. Aupouri Maori Trust Board
    1. 5 Aupouri Maori Trust Board
  6. Ngaitahu Maori Trust Board
    1. 6 Ngaitahu Maori Trust Board
  7. Ngati Whatua of Orakei Maori Trust Board
    1. 6__7 Note to Maori Trust Boards Act 1955, between ss. 6 and 7
  8. Tainui Maori Trust Board
    1. 7 Tainui Maori Trust Board
  9. Taitokerau Maori Trust Board
    1. 8 Taitokerau Maori Trust Board
  10. Taranaki Maori Trust Board
    1. 9 Taranaki Maori Trust Board
  11. Tuhoe-Waikaremoana Maori Trust Board
    1. 9A Tuhoe-Waikaremoana Maori Trust Board
  12. Tuwharetoa Maori Trust Board
    1. 10 Tuwharetoa Maori Trust Board
  13. Wairoa-Waikaremoana Maori Trust Board
    1. 11 Wairoa-Waikaremoana Maori Trust Board
  14. Whakatohea Maori Trust Board
    1. 12 Whakatohea Maori Trust Board
  15. II: General Provisions Relating to Maori Trust Boards
    1. 13 Boards to be bodies corporate
    2. 14 Membership of Boards
    3. 15 Term of office of members
    4. 16 Extraordinary vacancies
    5. 17 Appointment of Chairman and Deputy Chairman
    6. 18 Meetings of Board
    7. 19 Officers of Board
    8. 19A Gratuities payable on retirement or death of employees
  16. Committees
    1. 20 Board may appoint Committees
    2. 21 Chairman of Committee
    3. 22 Meetings of Committees
    4. 23 Committee to be subject to control of Board
  17. Functions and Powers of Boards
    1. 24 Functions of Board
    2. 24A Additional grants and payments by Boards
    3. 24B Trusts for charitable purposes
    4. 24C Boards may accept trusts
    5. 25 Loans by Board
    6. 25A Boards may make trustee investments
    7. 26 Power to acquire lands and to farm
    8. 27 Power to borrow money and guarantee loans
  18. Accounts
    1. 28 Bank accounts
    2. 29 Minister may authorise countersigning officer
    3. 30 Books of account
    4. 31 Yearly statements of account and report
    5. 32 Statement of estimated receipts and of proposed payments of Board to be furnished to Minister
  19. Miscellaneous
    1. 33 Minister may direct investigation of Board's affairs
    2. 34 Seals
    3. 35 Beneficiaries not to acquire vested interest
    4. 36 Contracts of Board
    5. 37 Members of Board not personally liable, and not debarred from benefits
    6. 38 Mortgages to Boards
    7. 39 Assignment of rents to Boards
    8. 40 Change of name not to affect rights or obligations
    9. 41 Fees and travelling allowances
    10. 41A Payments to Maori Trust Boards by Crown not to constitute income for taxation purposes
  20. III: Elections
  21. Roll of Beneficiaries
    1. 42 Boards to have rolls prepared
    2. 43 Inclusion in roll onus of beneficiaries
    3. 44 Initial preparation
    4. 45 Inclusion in roll
  22. Nomination of Members
    1. 46 Invitation of nominations
    2. 47 Making of nominations
    3. 48 Necessity for elections
    4. 49 Names of persons elected to be transmitted to Secretary for Maori Affairs
  23. Election by Postal Ballot
    1. 50 Elections to be by postal ballot unless regulations provide otherwise
    2. 51 Ballot papers to be sent out
    3. 52 Returning Officer
    4. 53 Results of ballots
  24. Minor Irregularities at Elections
    1. 54 Election not invalid by reason of certain irregularities
    2. 55 Validation of certain irregularities
    3. 55A Election may be declared invalid
  25. IV: Miscellaneous
    1. 56 Regulations
    2. 57 Repeals and savings
  26. Schedule(s)
    1. 1 SCHEDULE: Enactments Repealed
  27. Amending Act/Rule(s)
    1. 1 The Maori Purposes Act 1957
    2. 2 The Maori Purposes Act 1958
    3. 3 The Maori Purposes Act 1959
    4. 4 The Maori Purposes Act 1961
    5. 5 The Maori Trust Boards Amendment Act 1962
    6. 6 The Maori Purposes Act 1966
    7. 7 The Maori Purposes Act 1968
    8. 8 The Maori Purposes Act 1971
    9. 9 The Maori Purposes Act 1972
    10. 10 The Maori Purposes Act 1973
    11. 11 The Maori Purposes Act (No. 2) 1973
    12. 12 The Maori Purposes Act 1975
    13. 13 The Maori Purposes Act 1977
    14. 14 The Maori Purposes Act 1978
    15. 15 The Maori Purposes Act 1981
Maori Trust Boards Act 1955 ANALYSIS
1. Short Title and commencement---

(1) This Act may be cited as the Maori Trust Boards Act 1955.

(2) This Act shall come into force on the 1st day of January 1956.

2. Interpretation---

In this Act, unless the context otherwise requires,--- ``Beneficiary'' means any person for whose benefit the assets of a Board are administered under this Act: ``Committee'' means a Committee appointed by a Board under section 20 of this Act: ``Maori'' means a person belonging to the aboriginal race of New Zealand; and includes any descendant of a Maori: ``Maori Trust Board'' or ``Board'' means any Maori Trust Board referred to in Part I of this Act; and includes any body that is declared by any enactment to be a Maori Trust Board within the meaning of this Act: ``Minister'' means the Minister of Maori Affairs.

Aorangi Maori Trust Board
3. Aorangi Maori Trust Board---

(1) The trustees appointed under section 62 of the Maori Purposes Act 1950 and in office at the commencement of this Act are hereby constituted a Maori Trust Board to be known as the Aorangi Maori Trust Board.(2) All the real and personal property held by the trustees upon trusts declared pursuant to the said section 62, of whatsoever nature and wheresoever situate, shall, on the commencement of this Act, without the necessity of any instrument of transfer or other assurance, be transferred to and vest in the Board, which shall administer all such property in accordance with the provisions of this Act.(3) The beneficiaries of the Board are hereby declared to be the persons determined by the Maori Land Court by an order dated the 21st day of August 1925 to be entitled to the money referred to in subsection (4) of the said section 62 and the descendants of those persons.(4) Every trustee appointed as aforesaid in office at the commencement of this Act shall be deemed to have been appointed as a member of the Board for a term expiring on the 31st day of July 1956.

Arawa Maori Trust Board
4. Arawa Maori Trust Board---

(1) The body corporate constituted by section 27 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1922 under the name of the Arawa District Trust Board and continued in existence by section 51 of the Maori Purposes Act 1931 shall continue to exist and shall henceforth be known as the Arawa Maori Trust Board.(2) There shall, without further appropriation than this section, be paid out of the [Consolidated Account] to the Board on the 1st day of April in each year, the sum of [$18,000].(3) The beneficiaries of the Board are hereby declared to be the members of the Arawa tribe and their descendants. In subs. (2) the expression ``$18,000'' was substituted for the expression ``six thousand pounds'' by s. 8 (1) (a) of the Maori Purposes Act 1977.

Aupouri Maori Trust Board
5. Aupouri Maori Trust Board---

(1) The body corporate constituted pursuant to section 21 of the Maori Purposes Act 1953, under the name of the Aupouri Trust Board, shall continue to exist and shall henceforth be known as the Aupouri Maori Trust Board.(2) The beneficiaries of the Board are hereby declared to be the members of the Aupouri tribe and their descendants.(3) The Maori Trustee shall, from time to time, pay to the Board: (a) The income derived from the investment of the money held by the Maori Trustee, being the proceeds of the sale of certain of the communal businesses and undertakings at Te Kao and elsewhere and referred to in subsection (1) of section 10 of the Maori Purposes Act 1946; and (b) The income derived from the lands at Te Kao and elsewhere, described in subsection (4) of this section, and the income derived from the investment of the purchase money obtained from the sale by the Maori Trustee of the said lands or any part of the said lands.(4) The lands to which paragraph (b) of subsection (3) of this section relates are particularly described as follows: (a) Two thousand eight hundred and forty acres, more or less, situate in Blocks IV and VIII, Muriwhenua Survey District, and known as Parengarenga 5B 1, vested in the Maori Trustee under section 8 of the Maori Purposes Act 1943 by an order of the Maori Land Court dated the 11th day of December 1947; and (b) One acre 3 roods and 16 perches, more or less, being part of Te Kao No. 71, vested in the Maori Trustee under section 10 of the Maori Purposes Act 1946 by an order of the Maori Land Court dated the 23rd day of September 1952.(5) The trustees in whom for the time being the land or any part thereof described in subsection (6) of this section is vested shall, from time to time, pay to the Board the income derived from the said land and the income derived from the investment of the purchase money obtained from the sale by the trustees of the said land or any part of the said land.(6) The land to which subsection (5) of this section relates is particularly described as follows: 865 acres 3 roods and 32 perches, more or less, being Sections 4, 5, 6, 7, and 8, Block XVI, Muriwhenua Survey District, known locally as part of ``Wairahi'', vested in trustees by an order of the Maori Land Court under section 29 of the Maori Land Act 1931 dated the 30th day of April 1953.[(7) Where pursuant to the foregoing provisions of this section any income derived from any property is payable to the Board, all or any part of the property, whether real or personal, may, on the application of the Board or of the Maori Trustee, be vested in the Board by order of the Maori Land Court.(8) Any property vested in it under subsection (7) of this section shall become assets of the Board and shall be administered in accordance with this Act.(9) All property which immediately before the date of the vesting order was held by the Maori Trustee as a capital asset shall, when vested in the Board, become a capital asset of the Board.] Subss. (7), (8), and (9) were added by s. 2 of the Maori Trust Board Amendment Act 1962.

Ngaitahu Maori Trust Board
6. Ngaitahu Maori Trust Board---

(1) The body corporate constituted by section 4 of the Ngaitahu Trust Board Act 1946, under the name of the Ngaitahu Trust Board, shall continue to exist and shall henceforth be known as the Ngaitahu Maori Trust Board.(2) There shall, without further appropriation than this section, be paid out of the [Consolidated Account] to the Board on the 1st day of April in each year . . . the sum of [$20,000].(3) Except for the purpose of acquiring any land or any interest in land in accordance with the provisions of section 26 of this Act, the Board shall not, without the consent of the Minister, expend more than one-third of any money paid to it under subsection (2) of this section, and shall pay the remaining two-thirds of any such money into an account to be kept by the Board to be known as the Investment Account.(4) All money paid into the Investment Account shall, unless the Minister otherwise directs, from time to time be invested by the Board in any manner authorised by or under [the Trustee Act 1956] or any other Act for the investment of trust funds. Any other money of the Board available for investment may be invested by the Board in the same manner.(5) Nothing in subsection (3) or subsection (4) of this section shall prevent the Board from expending any income derived from the investment of money by the Board.(6) Any investment made pursuant to subsection (4) of this section may, with the approval of the Minister, be converted into money for expenditure by the Board on purposes approved by him.[(7) The beneficiaries of the Board are hereby declared to be the descendants of--- (a) The persons, being members of the Ngaitahu tribe living in the year 1848, whose names are set out in a list appearing at pages 92 to 131 (both inclusive) of the book containing the minutes of the proceedings and findings of a committee (commonly known as the Ngaitahu Census Committee) appointed in the year 1929, the book being that lodged in the office of the Registrar of the Maori Land Court at Christchurch and marked ``Ngaitahu Census Committee Minutes 1929'': (b) Any other persons who may, pursuant to the provisions of subsection (9) of this section, be determined to be members of the Ngaitahu tribe living in the year 1848.(8) Where any question arises as to whether or not a person is a descendant of any of the persons who are referred to in subparagraphs (a) and (b) of subsection (7) of this section the Board shall have authority to determine that question, and the Board''s determination shall be final and conclusive.(9) Any person who is not a beneficiary of the Board by virtue of his being a descendant of any of the persons mentioned in subparagraph (a) of subsection (7) of this section and who claims to be a descendant of a member of the Ngaitahu tribe who was alive in the year 1848 may . . . apply to the Board to have the name of that member added to the list. The Board shall consider any such application with all convenient speed, and shall notify the applicant of its decision and, if the Board rejects the application, the person making the application may, within 6 months after the date upon which he is notified of the Board''s decision, apply to the Court to hear and determine the question. Any determination by the Court shall be final and conclusive.](10) Repealed by s. 16 of the Maori Purposes Act 1966. In subs. (2) the words ``up to and including the year nineteen hundred and seventy-three'' were omitted by s. 3 of the Maori Purposes Act 1973. In subs. (4) the Trustee Act 1956, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Trustee Act 1908. Subss. (7), (8), and (9) were substituted for the original subss. (7) to (10) by s. 16 of the Maori Purposes Act 1966. In subs. (9) the words ``within two years commencing with the first day of January nineteen hundred and sixty-seven'' were omitted by s. 13 of the Maori Purposes Act 1975.

Ngati Whatua of Orakei Maori Trust Board


1978. Subject to the provisions of that Act, the

provisions of the Maori Trust Boards Act are to apply to the Board.

Tainui Maori Trust Board
7. Tainui Maori Trust Board---

(1) The body corporate constituted by section 5 of the Waikato-Maniapoto Maori Claims Settlement Act 1946, under the name of the Tainui Maori Trust Board, shall continue to exist under that name.(2) There shall, without further appropriation than this section, be paid out of the [Consolidated Account] to the Board on the 1st day of April in each year, the sum of [$15,000].[(2A) Notwithstanding anything in subsection (2) of this section, at the request of the Board made to him at any time before the 1st day of April 1979, the Minister of Maori Affairs with the concurrence of the Minister of Finance may, subject to such terms and conditions as he thinks fit, authorise the payment to the Board, at any time during the financial year commencing with the 1st day of April 1979, of the sum of $127,700, being the capitalised value of the annual payments to which the Board would be entitled under subsection (2) of this section during the period of 20 years commencing with the said 1st day of April 1979, which sum, if its payment is so authorised, shall be paid out of the Consolidated Account without further appropriation than this subsection. If such payment is made to and accepted by the Board, no payment shall be made to the Board under subsection (2) of this section during the said period of 20 years, but nothing in this subsection shall affect the Board''s right to any sum payable to it under subsection (3) of this section.](3) In addition to the sum referred to in subsection (2) of this section there shall, without further appropriation than this section, be paid out of the [Consolidated Account] to the Board on the 1st day of April in each year up to and including the year 1991, the sum of [$2,000].(4) The beneficiaries of the Board are hereby declared to be the members of the Tainui tribes and their descendants.[(4A) Notwithstanding the provisions of section 14 of this Act as to the number of members of Boards, there may from time to time be appointed to the Tainui Maori Trust Board by the Governor-General under that section, on the nomination of the Minister, and without election, a member additional to the number of members prescribed pursuant to section 14 and representing the head of the Kahui Ariki for the time being recognised by the Tainui tribes. Except as provided in this subsection, the provisions of sections 14, 15, and 16 of this Act shall apply to any such member.](5) For the purposes of this section, the expression ``Tainui tribes'' means such of the Tainui tribes, or sections of the Tainui tribes, as were the owners according to Maori custom of the lands (being the areas shown blue on the plan lodged in the office of the Chief Surveyor, at Auckland, under Number 15226, red) in the Waikato district which were confiscated by Proclamations and Orders in Council made from time to time in or about the years 1864 and 1865 pursuant to the New Zealand Settlements Act 1863 and certain amendments thereof. In subs. (2) the expression ``$15,000'' was substituted for the expression ``five thousand pounds'' by s. 8 (1) (b) of the Maori Purposes Act 1977. Subs. (2A) was inserted by s. 5 of the Maori Purposes Act 1978. Subs. (4A) was inserted by s. 12 of the Maori Purposes Act 1968.

Taitokerau Maori Trust Board
8. Taitokerau Maori Trust Board---

(1) The body corporate constituted pursuant to section 28 of the Maori Purposes Act 1953, under the name of the Taitokerau Maori Trust Board, shall continue to exist under that name.(2) The beneficiaries of the Board are hereby declared to be the members of the Ngatiwhatua, Ngapuhi, Te Rarawa, Ngatikahu, and Te Aupouri tribes of North Auckland, and their descendants.

Taranaki Maori Trust Board
9. Taranaki Maori Trust Board---

(1) The body corporate constituted as a Board of Management under section 49 of the Maori Purposes Act 1931 under the name of the Taranaki Maori Trust Board shall continue to exist under that name and shall be a Maori Trust Board.(2) There shall, without further appropriation than this section, be paid out of the [Consolidated Account] to the Board on the 1st day of April in each year, the sum of [$15,000].(3) The beneficiaries of the Board are hereby declared to be members of the Atiawa, Ngati Tama, Ngati Mutunga, Ngati Maru, Ngati Ruanui, Ngaruahine, Taranaki, and Ngarauru tribes, and their descendants. In subs. (2) the expression ``$15,000'' was substituted for the expression ``five thousand pounds'' by s. 8 (1) of the Maori Purposes Act 1977. See the Mount Egmont Vesting Act 1978 as to the right of this Board to be consulted in relation to Mount Egmont.

Tuhoe-Waikaremoana Maori Trust Board
9A. Tuhoe-Waikaremoana Maori Trust Board---

Whereas the Urewera Lands Act 1921-22 authorised the appointment of Commissioners for the purpose of carrying into effect a scheme of consolidation of the lands described in the First Schedule thereto: And whereas the Commissioners were authorised by the said Act to inquire into certain purchases theretofore made by the Crown and to allot lands to the Crown in accordance therewith under the said scheme and to fix the boundaries thereof and, after providing for the portion of land to be allotted to the Crown, to allot the balance in suitable areas to persons to be named in the Commissioners'' orders as entitled thereto: And whereas the area so allotted to the Crown included land having a value of [[$40,000]] or thereabouts which represented the proportionate contribution which the Commissioners considered should be made to the Crown in respect of the cost of certain new roads which the Crown then proposed to construct: And whereas for various reasons the roads were not constructed and are not now likely to be constructed: And whereas claims have been made against the Crown for compensation in respect of the land allotted to the Crown in respect of the cost of the roading as aforesaid: And whereas negotiations for the settlement of the said claims have been concluded between representatives of the Crown and the Maori claimants and it is desirable to give effect to the terms of the settlement: Be it therefore enacted as follows:

(1) There is hereby constituted a body corporate to be known as the [[Tuhoe-Waikaremoana Maori Trust Board]] (in this section referred to as the Board) which shall be a Maori Trust Board within the meaning and for the purposes of this Act.

(2) The beneficiaries of the Board are hereby declared to be the persons to whom land was allotted under section 7 of the Urewera Lands Act 1921-22 and their successors in title (being Maoris or the descendants of Maoris) [[and those persons comprised in the Tuhoe portion of the list of owners of Lake Waikaremoana, as certified by the Registrar of the Maori Land Court pursuant to subsection (3) of section 9 of the Lake Waikaremoana Act 1971]] [[and the descendants of any persons hereinbefore declared to be beneficiaries]].

(3) There shall, without further appropriation than this section, be paid to the Board out of the [[Consolidated Account]] the sum of [[$200,000]] together with interest thereon at the rate of 5 percent per annum from the 6th day of November 1957 to the 31st day of March 1958, and at the rate of 4[1/2] percent per annum from the 1st day of April 1958 until the date of payment; and the said payments shall be deemed to be in full satisfaction and discharge of all claims and demands against the Crown in respect of the land allotted to the Crown in the manner and for the purposes hereinbefore referred to.

(4) As soon as practicable after the commencement of this section there shall be appointed by the Governor-General not more than 12 persons to be the initial members of the Board for a term of 3 years.

(5) All members, other than the initial members, shall be appointed in the manner prescribed by this Act.]

This section was inserted by s. 9 of the Maori Purposes Act 1958. In subs. (1) the words ``Tuhoe-Waikaremoana Maori Trust Board'' were substituted for the words ``Tuhoe Maori Trust Board'' by s. 5 (2) of the Lake Waikaremoana Act 1971; see s. 5 (3) of that Act. In subs. (2) the words in the first set of double square brackets were inserted by s. 11 (2) of the Lake Waikaremoana Act 1971, and the words in the second set of double square brackets were added by s. 34 of the Maori Purposes Act 1959. See the Lake Waikaremoana Act 1971 (reprinted 1981, R.S.Vol. 8, p. 1) generally for changes in the beneficiaries of the Board, its interest in the Lake, and s. 14 in particular, as to the payment to the Board of the rent payable by the Crown for the Lake.

Tuwharetoa Maori Trust Board
10. Tuwharetoa Maori Trust Board---

(1) The body corporate constituted by section 16 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 under the name of the Tuwharetoa Trust Board and continued in existence by section 55 of the Maori Purposes Act 1931 shall continue to exist and shall henceforth be known as the Tuwharetoa Maori Trust Board.(2) There shall, without further appropriation than this section, be paid out of the [Consolidated Account] to the Board on the 1st day of April in each year the sum of [$9,000].(3) There shall, from time to time, be paid to the Board: (a) Half the total amount of all fees over and above the sum of [$6,000] received for licences issued during the preceding financial year for fishing or in respect of boats or vessels in the district constituted under section 14 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926; (b) Half the amount of the revenue received for camp sites located upon the rights of way created under the said section 14; and (c) Half the amount of all fines and penalties recovered for breaches or infringements of the Fisheries Act 1908, or of the Harbours Act 1950, or of section 14 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926, or of any regulations under any of those Acts, committed within the district constituted under the said section 14.(4) The beneficiaries of the Board are hereby declared to be the members of the Tuwharetoa tribe and their descendants. In subs. (1) the expression ``$9,000'' was substituted for the expression ``three thousand pounds'' by s. 8 (1) (d) of the Maori Purposes Act 1977. In subs. (3) (a) the word ``the'' has been inserted before the reference to the Maori Land Amendment and Maori Land Claims Adjustment Act 1926, in order to correct an obvious omission from the statute book. S. 83A (7) of the Fisheries Act 1908 (as inserted by s. 2 of the Fisheries Amendment Act 1962) provides that s. 83A shall have effect notwithstanding anything in subs. (3) of this section.

Wairoa-Waikaremoana Maori Trust Board
11. Wairoa-Waikaremoana Maori Trust Board---

(1) The body corporate constituted pursuant to section 29 of the Maori Purposes Act 1949, under the name of the [Wairoa-Waikaremoana Maori Trust Board], shall continue to exist under that name.[(2) The beneficiaries of the Board are hereby declared to be the members of the Ngati Kahungunu tribe residing in the Borough of Wairoa or the County of Wairoa together with the persons (wherever resident) whose names are comprised in the Ngati Kahungunu portion of the list of owners of Lake Waikaremoana, as certified by the Registrar of the Maori Land Court pursuant to subsection (3) of section 9 of the Lake Waikaremoana Act 1971, and the descendants (wherever resident) of those persons.](3) The sum of [$40,000] of the Board''s funds shall be invested by the Board in any manner authorised by or under [the Trustee Act 1956] or any other Act for the investment of trust funds.(4) Any investment made pursuant to subsection (3) of this section may, with the approval of the Minister, be converted into money for expenditure by the Board on purposes approved by him. In subs. (1) the words ``Wairoa-Waikaremoana Maori Trust Board'' were substituted for the words ``Wairoa Maori Trust Board'' by s. 6 (2) of the Lake Waikaremoana Act 1971; see s. 6 (3) of that Act. Subs. (2) was substituted for the original subs. (2) (as amended by s. 10 (2) of the Lake Waikaremoana Act 1971) by s. 15 (1) of the Maori Purposes Act 1972. In subs. (3) the Trustee Act 1956, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Trustee Act 1908. See the Lake Waikaremoana Act 1971 (reprinted 1981, R.S.Vol. 8, p. 1) generally for changes in the beneficiaries of the Board, its interest in the Lake, and s. 14 in particular, as to the payment to the Board of the rent payable by the Crown for the Lake.

Whakatohea Maori Trust Board
12. Whakatohea Maori Trust Board---

(1) The body corporate constituted pursuant to section 26 of the Maori Purposes Act 1949, under the name of the Whakatohea Trust Board, shall continue to exist and shall henceforth be known as the Whakatohea Maori Trust Board.(2) The beneficiaries of the Board are hereby declared to be the members of the Whakatohea tribe and their descendants.

II: General Provisions Relating to Maori Trust Boards
13. Boards to be bodies corporate---

Each Board shall be a body corporate with perpetual succession and a common seal, and shall be capable of holding real and personal property, and of suing and being sued, and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.

14. Membership of Boards---

(1) Each Board shall consist of such number of members as may be prescribed by regulations under this Act.

(2) The members of each Board shall, from time to time, be appointed by the Governor-General who, subject to the provisions of this Act, shall appoint those members elected by the beneficiaries of the Board in accordance with this Act.

(3) No person shall be appointed as a member of a Board who is--- (a) A person [who is mentally disordered] within the meaning of the [Mental Health Act 1969]; or (b) A bankrupt who has not obtained his order of discharge, or whose order of discharge is suspended for a term not yet expired, or is subject to conditions not yet fulfilled; or (c) A person convicted of any offence punishable by imprisonment for a term of 6 months or longer, unless he has received a free pardon or has served his sentence or otherwise suffered the penalty imposed upon him.

In subs. (3) (a) the Mental Health Act 1969, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Mental Health Act 1911, and the expression ``who is mentally disordered'' has been substituted for the expression ``of unsound mind'' pursuant to s. 129 (4) of the Mental Health Act 1969. In relation to subs. (1), see s. 7 (4A) which provides for the appointment of an additional member without election to the Tainui Maori Trust Board.

15. Term of office of members---

(1) The members of each Board in office at the commencement of this Act shall, subject to the provisions of this Act, continue in office for the residue of the term for which they were appointed.

(2) Except as otherwise provided by this or any other Act, every member of a Board shall be appointed for a term of 3 years, and any member may from time to time be reappointed.

(3) Notwithstanding anything to the contrary in this Act, every member of a Board, unless he sooner vacates his office, shall continue to hold office until his successor comes into office.

16. Extraordinary vacancies---

(1) Any member of a Board may at any time be removed from office by the Governor-General for inefficiency, disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General, or if the member is convicted of an offence punishable by imprisonment, or may at any time resign his office by writing addressed to the Minister.

(2) If any member dies, or resigns, or is removed from office, his office shall become vacant, and the vacancy shall be deemed to be an extraordinary vacancy.

(3) In the case of an extraordinary vacancy the Governor-General may appoint some qualified person to be a member of the Board for the residue of the term for which the vacating member was appointed:

Provided that any member appointed under this subsection shall not be elected in the manner provided in this Act for the filling of vacancies caused by the expiry of the term of office of members.

(4) The powers of a Board shall not be affected by any vacancy in the membership thereof.

17. Appointment of Chairman and Deputy Chairman---

(1) At the first meeting of each Board following the triennial appointment of its members or following the vacation of office by the Chairman, the Board shall appoint from among its members a Chairman, and may, if it thinks fit, appoint from among its members a Deputy Chairman.

(2) Any person appointed as the Chairman or Deputy Chairman of a Board shall hold office, while he continues to be a member of the Board, until the appointment of his successor in accordance with this section, and may be reappointed.

(3) The Deputy Chairman may act for and shall have all the powers of the Chairman during such time as the Chairman, in the opinion of the Board, is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office.

18. Meetings of Board---

(1) The first meeting of any Board constituted after the commencement of this Act shall be held on a day to be appointed in that behalf by the Minister.

(2) Except as provided by subsection (1) of this section, meetings of each Board shall be held at such times and places as the Board from time to time appoints:

Provided that the first meeting of any Board following the triennial appointment of its members shall be held at such time and place as the Secretary, after consultation with a quorum of the members, appoints, being not later than 2 months after the date of the appointment of its members as aforesaid.

(3) The Minister or the Chairman may at any time call a special meeting of a Board, and any 3 members of a Board may at any time by notice in writing request the Chairman to call a special meeting of the Board, and thereupon the Chairman shall call a special meeting of the Board, to be held no later than one month after the day he received the notice.

(4) At all meetings of a Board a quorum shall consist of half of the number of members, or, where the number of members is not a multiple of 2, of half of the next highest number which is a multiple of 2.

(5) The Chairman shall preside at all meetings of the Board at which he is present.

(6) If within half an hour after the time for which any meeting of a Board has been appointed, whether by summons or by adjournment, a quorum is not present, the member or members present, or if no member is present, an officer of the Board, may adjourn the meeting to such time and place as is thought fit.

(7) In the absence of the Chairman from any meeting of a Board the Deputy Chairman, if one has been appointed and if he is present, shall preside. In the absence from any meeting of both the Chairman and the Deputy Chairman the members present shall appoint one of their number to preside.

(8) At any meeting of a Board the person presiding shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.

(9) All questions before a Board shall be decided by a majority of the valid votes recorded thereon.

(10) Subject to the provisions of this Act and of any regulations thereunder, each Board may regulate its procedure in such manner as it thinks fit.

(11) The proceedings and resolutions of each Board shall be recorded in a minute book to be kept for the purpose.

19. Officers of Board---

(1) Each Board may from time to time, subject to the approval of the Minister, appoint a fit and proper person, who may be a member of the Board, to act as Secretary of the Board, and, with the like approval, may at any time remove the Secretary from office.

(2) The Secretary shall have all such powers and duties as the Board from time to time determines, and shall at all times conform to the directions of the Board.

(3) Each Board may, from time to time, appoint such other officers and workmen as it may think necessary or expedient, and may, from time to time, dismiss any such officers and workmen.

(4) All employees of a Board shall be paid such salaries, wages, or allowances as the Board from time to time determines:

Provided that the rate of remuneration of the Secretary shall be fixed only with the prior approval of the Minister.

[ 19A. Gratuities payable on retirement or death of employees---

(1) On the retirement from the service of any Board of any employee whose total length of service with the Board has been not less than 10 years, the Board may, with the prior approval of the Minister, pay to him, by way of gratuity, an amount not exceeding an amount equal to 6 months'' pay at the rate payable to him at the time of his retirement.

(2) On the death of any such employee (whether before or after his retirement but before he has received a gratuity under subsection (1) of this section) the Board may, with the prior approval of the Minister, pay to his dependants or any of them, by way of gratuity, an amount not exceeding an amount equal to 6 months'' pay at the rate payable to him at the time of his retirement or (if he died before retirement) at the time of his death.]

This section was inserted by s. 13 (1) of the Maori Purposes Act 1968; see s. 13 (2) of that Act.

Committees
20. Board may appoint Committees---

(1) Each Board may from time to time, by resolution, appoint a Committee or Committees, consisting of 2 or more persons, of whom at least one shall be a member of the Board, and, subject to the provisions of subsection (3) of this section, may by resolution delegate to any such Committee any of the powers or duties of the Board, except the power of delegation conferred by this section and the powers conferred by section 19, section 26, or section 27 of this Act.(2) Every resolution under subsection (1) of this section delegating any powers or duties to a Committee shall specify in full the powers or duties so delegated.(3) No Board shall have power to delegate to any Committee the power to make any loan or grant in excess of [$200], nor to incur or authorise expenditure in excess of [$200] in respect of any one transaction or matter, nor to enter into any contract for an amount in excess of [$200].(4) Any delegation under this section may be at any time revoked, in whole or in part, by the Board. In subs. (3) the expression ``$200'' was substituted by s. 7 of the Decimal Currency Act 1964 for the words ``one hundred pounds'' which had been substituted for the words ``twenty-five pounds'', in three places, by s. 13 of the Maori Purposes Act 1957.

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