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Ture Whakahaere Rahui Maori

General Provisions

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General Provisions.

1.Short Title.The Short Title of this Act is "The Native Reserves Administration Act, 1893."
2.Interpretation.In this Act, if not inconsistent with the context,— 10

"Alienate" and "alienation" respectively include a limited disposition as well as an absolute one, whether by sale, lease, mortgage, charge, incumbrance, or otherwise:

"Appraiser" means any person appointed to make any valuation under this Act: 15

"Authorised surveyor" means any surveyor acting for or under the direction of the Surveyor-General or his deputy, or any surveyor appointed by the

"Board" means the Board constituted under "The Public Trust Office Act, 1872," together with two Natives to be 20 from time to time appointed by the Governor to hold office during pleasure:
"Cultivation" includes drainage, the felling of bush, or the clearing of land for cropping, or clearing and ploughing for and laying down with artificial grasses: 25

"Forfeiture" or "forfeited" means forfeiture or forfeited to the Public Trustee:

"Land vested in the Public Trustee" means land which by virtue of the provisions of this Act vests in the Public Trustee: 30

"Lease" includes license:

"Lessee" includes licensee, and includes the executors, administrators, and assigns of the lessee or licensee:

"Local authority" means the Council or Board of any borough, town district, county, road district, or other 35 district authorised to levy rates respectively; and includes any body of persons, corporate or incorporate:

"Minister" means the Colonial Treasurer:

"Native hereditaments" means all lands (except Native lands) owned by Natives under any title whatever otherwise 40 than by purchase originally from the Crown or any person or Corporation:
"Native lands" means lands owned by Natives under their customs or usages, but which ownership has not been ascertained by the Native Land Court: 45

"Natives" means aboriginal natives of New Zealand, and includes half-castes and their descendants:

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"Original holder" means the person to whom any lease or license was first granted:

"Owners" means Native owners:

5 "Pastoral lands" includes all lands vested in the Public Trustee occupied as or adapted for runs, as herein defined:

"Pasturage lease" means a lease authorising the occupation of pastoral lands as runs:

"Public Trustee" means the Public Trustee incorporated under "The Public Trust Office Act, 1872":

10 "Residence" wherever required by this Act means the home of a lessee of any land vested in the Public Trustee, or, with the consent of the Public Trustee, the home of the family of such lessee, and such home shall be a habitable house, to be approved of by the Public Trustee:
15 "Run" means any land occupied by virtue of a lease for depasturing purposes, or adapted for but not occupied for such purposes:
20 "Substantial improvements of a permanent character" means and includes reclamation from swamps, clearing of bush, gorse, broom, sweetbriar, or scrub, cultivation, planting with trees or live hedges, the laying-out and cultivating of gardens, fencing, draining, making roads, sinking wells or water-tanks, constructing water-races, sheep-dips, making embankments or protective works of any kind, in any way 25 improving the character or fertility of the soil, or the erection of any building:

"Surveyor-General" means the principal officer of the Department of Lands and Survey or his deputy:

"Tenderer" means a person tendering under this Act:

30 "The Native Land Court Act, 1886," includes that Act and all the amendments of that Act, and any Act passed in substitution for that Act:

"The Native Reserves Act, 1882," includes that Act and all the amendments of that Act:

35 "The Westland and Nelson Native Reserves Act, 1887," and "The South Island Native Reserves Act, 1883," includes those Acts and any amendments of those Acts:
"This Act" includes all Schedules thereto, and any by-laws or regulations made under this Act; and where in the 40 Schedule to this Act the term "this.Act" is used such term shall include the body of this Act as well as the Schedule, unless a different intention shall be manifested:
45 "Town" means any parcel of land outside a borough divided into areas for building purposes.

The title to land (being land reserved for the benefit of Natives) shall be deemed to be ascertained when the title has been ascertained by the Native Land Court.
3.All land within any of the definitions following shall forDefinition of lands to be vested in Public Trustee by the Act.
50 the purposes of this Act be and become vested in the Public Trustee, as provided by this Act:—
(1.)Land which has been or shall hereafter be excepted or reserved by or for Natives on the cession or surrender of land to the Crown, and specified as so excepted or reserved in the 55conveyance, cession, or surrender:page 4
(2.)Land which has been or shall hereafter be reserved or excepted for the benefit of Natives upon sale by them to the Crown of any land:
(3.)Land comprised in blocks guaranteed to or set apart for the benefit of Natives by Colonel McLeverty, or according to 5 the directions of any Commissioner appointed to investigate purchases of land made from Natives by the New Zealand Company:
(4.)Land reserved for the benefit of Natives by the New Zealand Land Company or the New Zealand Company: 10
(5.)Land reserved or set apart for the benefit of Natives under the authority of any Act of the General Assembly of New Zealand now or hereafter passed, unless otherwise specially provided:
(6.)Land vested in the Public Trustee by "The Native Reserves 15 Act, 1882," or the control and management whereof is given by that Act to the Public Trustee; land the control and management of which is vested in or given to the Public Trustee by "The Westland and Nelson Native Reserves Act, 1887," or "The South Island Native 20 Reserves Act, 1883;" land which by virtue of the provisions of any of the Acts repealed by this Act, or by any of the Acts repealed by the Acts repealed by this Act, have become Native reserves, or which is by the said Acts vested in the Public Trustee or placed under his management 25 or control:
(7.)Land which the Governor in Council may, for the purposes of this Act, and under the authority thereof, declare to be vested in the Public Trustee:
(8.)Lands vested by or to become vested in the Public Trustee 30 by this Act.
Nothing herein contained shall be deemed to apply to land granted under "The Poverty Bay Grants Act, 1869," and "The Poverty Bay Grants Act Amendment Act, 1871," or to reserves affected by or vested in the Public Trustee by "The West Coast 35 Settlement Reserves Act, 1892," or any of the Acts thereby repealed.
If doubts arise whether or not any land comes within the provisions of this section, the Governor, by Order in Council, gazetted in the Gazette and Kahiti, may settle such doubts, and declare whether 40 or not such land comes within such provisions. Such order shall be final and conclusive.

Land which by virtue of this section is or is to become vested in the Public Trustee shall become so vested as follows:—

(a.)As to land which is at the time of the passing of this Act 45 within any of the definitions from (1) to (8) inclusive, such land shall, by virtue of and as from the coming into operation of this Act, become vested in the Public Trustee:
(b.)As to land which, after the coming into operation of this 50 Act, comes within any of the definitions from (1) to (8) inclusive, such land shall immediately upon the same coming within any of such definitions, and without any grant, conveyance, or other assurance, become vested in the Public Trustee. 55
4.Certain reserves to be subject to this Act.All Native reserves made within the territory described in the Schedule referred to in the fourth section to "The Native Reserves Act, 1882," and which at the commencement of that Act were subject to the provisions of any Act thereby repealed, shall be subject to the provisions of this Act. 60page 5
Except as hereinbefore provided, this Act shall not have anyAct not to apply to Confiscated Territory. operation in that part of the colony known as the "Confiscated Territory," described in the Schedule referred to in the fifth section to "The Native Reserves Act, 1882."
5.5All real and personal property which at the time this Act Vesting of real and personal property vested under repealed Acts. comes into operation is vested in or held by the Public Trustee under or by virtue of any of the Acts hereby repealed shall become vested in the Public Trustee under this Act.

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