The Te Arawa Maori Trust Board Order 1995 CATHERINE A. TIZARD, Governor-General ORDER IN COUNCIL At Wellington this 20th day of November 1995 Present: The Right Hon. Don McKinnon presiding in Council Whereas, by virtue of certain provisions of the Maori Trust Boards Act 1955, an election of members of the Te Arawa Maori Trust Board was held in March 1995: And whereas that election was held after the time required by Part III of the Maori Trust Boards Act 1955: And whereas nominations for that election were called and lodged within the time required by sections 46 and 47 of the Maori Trust Boards Act 1955: And whereas one of those nominations was wrongfully rejected: And whereas an attempt to hold that election in February 1994 was unsuccessful when the candidate whose nomination had been rejected obtained from the High Court of New Zealand an injunction preventing the Returning Officer from opening or processing the ballot papers: And whereas, on the 23rd day of May 1994, consent orders were made declaring that nomination to be valid and declaring the voting papers distributed in the Rangitihi division to be a nullity: And whereas the ballot papers sent out in February 1994 to the beneficiaries in all the other divisions were not accompanied by the declaration forms required by regulation 10 of the Maori Trust Boards Regulations 1985: And whereas, when fresh ballot papers, accompanied by the required declaration forms, were sent out in March 1995 for the election held in March 1995, those ballot papers and the accompanying declaration forms were, as nominations had not been called again, sent out after the time required by section 51 of the Maori Trust Boards Act 1955, as they were sent out more than one month after the latest date fixed by section 47 of that Act for the calling of nominations: And whereas it is desirable to validate the holding of the election after the time required by Part III of the Maori Trust Boards Act 1955 and the sending out of the ballot papers and the accompanying declaration forms after the time required by section 51 of that Act: Now therefore, pursuant to section 55 of the Maori Trust Boards Act 1955, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order. O r d e r 1. Title and commencement (1) This order may be cited as the Te Arawa Maori Trust Board Order 1995. (2) This order shall come into force on the day after the date of its notification in the Gazette. 2. Validation The election of members of the Te Arawa Maori Trust Board that was held in March 1995 is hereby declared to be and to have always been valid, notwithstanding that (a) It was held after the time required by Part III of the Maori Trust Boards Act 1955; and (b) The ballot papers and the accompanying declaration forms were sent out after the time required by section 51 of the Maori Trust Boards Act 1955. MARIE SHROFF, Clerk of the Executive Council. Explanatory Note This note is not part of the order, but is intended to indicate its general effect. This order validates two irregularities that occurred in relation to the election of members of the Te Arawa Trust Board that was held under the Maori Trust Boards Act 1955 in March 1995.