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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

Schedule. The Maori Council Of The Takitimu Maori District. By-laws

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[ko te tohutoro i roto i te reo Māori]

Schedule. The Maori Council Of The Takitimu Maori District. By-laws.

The Maori Council of the Takitimu Maori District, constitited under "The Maori Councils Act, 1900," hereby makes the following by-laws under and by virtue of the said Act, such by-laws to come into operation upon approval tereof by te Governor, and the publication of the same in te Gazette and Kahiti:—

Interpretation

In these by-laws, except when 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."
  • "The Council" means the Maori Council of the Taki-timu Maori District, constituted under the said Act.
  • "Committee" or "Village Committee" means the Village Committee or Komiti Marae of a Maori kainga, village, or pa, appointed by the Maori Council under the provisions of the said Act.
  • "District" means the Takitimu Maori District, proclaimed by the Governor under the said Act by Proclamation dated the 26th day of December, 1900.
  • "Native township" means a township constituted under "The Native Townships Act, 1895."
  • "Prescribed" means prescribed by rules or regulations made under the said Act or by these by-laws.

(A.) Health and Personal Convenience.
(Section 16, Subsection 1.)

1.Human corpses shall be buried, if the death occurs between the 15th day of March and the 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 Council shall otherwise direct, or unless it is otherwise provided for by any Act of the General Assembly.
2.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 the last preceding by-law; and all or any of them shall be deemed to be guilty of a breach thereof as the Council may deem fit, and shall be liable to a penalty not i exceeding one pound.
3.No human corpse shall be buried, except with the permission of the Council, in any place other than a burial-ground recognised by the inhabitants of a Maori kainga, or reserved or set apart by them or some duly constituted authority as a burial-ground.
4.No human corpse shall be permitted to lie in state in front of any meeting-house or in the courtyard (marac) thereof, but may lie in state at some other spot in the vicinity that may be indicated by the Chairman of the Village Committee or the member of Council for the riding.
5.The Council may, by notice in writing in Form A in the Schedule hereto, require the owner or occupier of any house within a kainga (other than cooking-houses, kautas, and out-buildings) which shall be erected after the coming into operation of these by-laws to construct a floor for the same (within a time to be specified in such notice), to be approved by the Council or any person or body it may authorise in that behalf.
6.Any person who, after service upon him of such notice as aforesaid, refuses or neglects, within the time specified in such notice, or such further time as the Council may allow, to comply with the same, shall be liable to a penalty not exceeding one pound.
7.The Council may, in lieu of notice referred to in By-law No. 5, by notice in writing in Form B in the Schedule hereto, require the owner or occupier of any such building as is referred to in By-law No. 5 to construct or provide a couch or raised bedstead in such house at least 1 ft, above the ground; and any person who, after service of such notice, shall refuse or neglect within the time specified in such notice to comply with the same shall be liable to a penalty not exceeding one pound.

(B.) Cleansing Houses (Section 16, Subsection 2.)

8.The Chairman of the Council, or any person duly authorised by the Council 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 he specified in such notice, which may be in Form C in the Schedule hereto. And if after service of such notice upon him any person shall refuse or neglect to comply with such notice, he shall be liable to a penalty not exceeding one pound for the first offence and not exceeding two pounds for every subsequent offence.
9.The Council may order the removal or destruction of any building in a dirty and unwholesome state, if in its opinion it is unsuitable (or human accommodation, or if the owner or occupier thereof fails after due notice to clean, renovate, or himself remove or destroy the same. Any costs incurred by the Council in and about such removal or destruction shall be a debt due to the Council, recoverable as liquidated damages by process in the Magistrate's Court.
10.The Village Committee may in its discretion ease or modify the application of the foregoing By-laws Nos, 8 and 9, in the case of any old, ill, or feeble person occupying any such buildings as aforesaid, so that such by-law may not press heavily on such person. The Chairman of the Village 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 cleansing and otherwise improving the dwellings of such sick, old, or feeble persons.

(C.) Nuisances. (Section 16, Subsection 3.)

11.No nightsoil, refuse, or offensive rubbish shall be cast or deposited or allowed to flow into any spring, stream, or watercourse that flows through or past a Maori kainga and which is used as a water-supply by the inhabitants of such kainga or any other kainga on the banks of such stream or near such spring.
12.No person who is the owner or occupier of any premises within a Maori kainga shall permit or suffer any nightsoil or refuse or any offensive rubbish or matter of any kind whatever to accumulate or remain or be in or upon such premises so as to be injurious or dangerous to health or so as to cause an offensive smell.
13.No horses, cattle, sheep, dogs, or other animals shall be buried within a Maori kainga
14.No person shall throw or leave any dead animal on any property within a Maori kainga whereby any offensive smell is or is likely to be created.
15.Every person who commits a breach of any of the By-laws Nos. 11, 12, 13, and 14 shall be liable to a penalty not exceeding one pound.

(D.) Drunkenness (Section 16, Subsection 4.)

16.No alcoholic liquor shall be supplied, drunk, or brought to any Maori hui, gathering, or meeting of any kind, or for any purpose whatsoever, whether held in a Maori kainga or at any other place within the district, except townships and European lots in a Native township.
17.Where a public meeting ia held by invitation, the person or persons issuing such invitation shall be jointly and severally liable, if he or they supply or cause to be supplied any alcoholic liquor to the visitors, or any of them, or to any person whatsoever attending such meeting, to a penalty not exceeding ten pounds.
18.Any person found drunk at any kainga or Maori meeting shall be liable to a fine of not lass than tan shillings and not exceeding two pounds.
19.Any person found drunk in any Maori kainga shall be liable to a fine not exceeding five shillings for the first offence, not exceeding ten shillings for the second offence, and not exceeding one pound for every subsequent offence.
20.Any person shall be guilty of an offence who—
(1.)Being drunk, or under the influence of liquor, enters a meeting-house, or a church, or some other public building within a Maori pa.
(2.)Takes any alcoholic liquor into such meeting-house, church, or public building
(3.)Drinks or causes any one else to drink any alcoholic liquor in any such meeting-house, church, or public building.

And such person shall be liable to a penalty of not lees than five shillings and not exceeding one pound for a first offence, and not exceeding two pounds for every subsecuent offence.

(E.) Tohungas. (Section 16, Subsection 5.)

21.It shall not be lawful for any tohunga or alleged tohunga to cause any patient under his treatment to bathe in cold water.
22.It shall not be lawful for any such tohunga to hinder or prevent the attendance of a duly qualified medical practitioner on such patient, or the treatment of such patient with European medicines suitable to the complaint, or prescribed by a duly qualified medical practitioner.
23.It shall not be lawful for any person alleged to be a tohunga to charge any fee or reward for his services.
24.Any person committing a breach of the above by-law shall be liable to a penalty not exceeding ten pounds.
25.Wherever, on account of the practices of any person alleged to be a tohunga, he gathers a following and establishes himself in any kainga, or travels from one kainga to another with such following, so as, in the opinion of the Council or any Village Committee, to cause serious inconvenience to the inhabitants of any kainga, or to any of them, by causing waste of food or substance, or in any other way, the Counsil may, by notice in writing, direct such tohunga to desist from such practices, and if he persist the Council may impose a penalty not exceeding fifty pounds.
26.The Council may grant a license, after full inquiry, to person skilled in the use of Maori herbs or wairakau, for such term and subject to such conditions as the Council may deem fit. Such license shall have force only within the district, and the fee for the same shall be one pound per annum.

(F.) Hawkers. (Section 16, Subsection 13.)

27.The following by-laws shall apply to Indian, Assyrain, and other hawkers selling their wares in the Maori kaingas within the district—that is to say:—
(1.)Such person shall have a license from the Council before he may vend wares within the Maori kaingas of the district.
(2.)The license in the From B in the Schedule hereto shall have force throughout the whole of the district, and the fee therefore shall be two pounds.
(3.)The Chairman or the Clerk of the Council, or a member of the Council duly authorised by the Council in that behalf, is empowered to issue such license.
(4.)All fees paid for licenses shall be forwarded to the office of the Council.
(5.)Any person hawking goods without license within Maori kaingas in the district shall be liable to a penalty not exceeding five pounds.
28.A special license may be issued by te Chairmam or Clerk or any member of the Council, or by the Chairman of the Village Committee of a kainga where any hui or gathering is held, to any person desirous of hawking and selling goods at such hui or gathering, on payment of a fee of ten shillings. Such license shall be in force only while such hui or gathering lasts, and mno linger. Any persoin hawking and selling goods at such hui or gathering without special license, or a license as provided in the foregoing by-laws, shall be liable to a penalty not exceeding five pounds.

(G.) Smoking. (Section 16, Subsection 14.)

29.Every person, whether European or Maori, who sells, gives, or supplies any cigarette, tobacco, or torori to any Maori youth under the age of fifteen years shall be deemed guilty of an offence, and shall be liable to a penalty not exceeding five pounds.
30.Every Maori youth under the age of fifteen years who smokes tobacco, torori, or a cigarette, or any part of a cigarette, shall be deemed to be guilty of an offence, and shall be liable for the first offence to a penalty not exceeding five shillings, for the second offence to a penalty not exceeding ten shillings, and for a third or subsequent offence to a penalty of one pound.

(H.) Gambling.
(Section 16, Subsection 15.)

31.Any person, whether Maori or otherwise, desirous of establishing a billiard-room in any kainga, village, or pa, and any Maori desirous of establishing a billiard-room at any other place within the district, except townships (but not Maori lots within a Native township) and European settlements, shall first obtain a license from the Council, which may be granted subject to the following terms and conditions:—
(a.)Such license shall be in Form C in the Schedule hereto.
(b.)The fee for such license shall be ten pounds,
(c.)Such license shall remain in force for twelve months from the date thereof (unless sooner revoked by the Council as hereinafter provided).
(d.)All billiard-rooms shall be properly ventilated, and shall at all times be kept clean and in good order.
(e.)All billiard-rooms shall remain open on week-days, and only between the hours of 9 a.m. and 10 p.m. Any person committing a breach of this by-law shall be liable to a penalty not exceeding one pound for the first offence, not exceeding two pounds for the second offence, and for a subsequent offence shall be liable to have his license revoked.
(f.)No Maori youth under the age of fifteen years shall be permitted to play billiards on such licensed premises, and, if discovered playing therein, the licensee or the person for the time being in charge of the premises shall be liable to a penalty not exceeding five pounds for the first offence, and for a second offence the Council may revoke the license.
(g.)Renewal of license must be applied for before the expiry of the term for which a license has been granted.

Village Committees.

19.The Council may delegate all or any of its powers under the foregoing by-laws to the Village Committee of any Maori kainga, village, or pa, and such Committee shall thereupon have full authority to exercise such powers within such kainga, village, or pa.
20.The Village Committee may impose a fine or a penalty for the breach of a by-law, but if the same is not paid within a specified time the Chairman of the Committee shall thereupon report such breach and all the circumstances of the case, and the failure to pay the fine or penalty imposed, to the Chairman of the Council.

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