Ture Whakahaere Rahui Maori
|22.||Natives over seventeen years of age, whether under covertureNatives over seventeen years may give valid discharges for moneys. or not, may give valid discharges for moneys which they are entitled to, or may by writing under their hands, attested by a Judge of the Native Land Court, Justice of the Peace, 15solicitor of the Supreme Court, or Postmaster, authorise any Native, being an adult person, to receive and give discharges for any moneys due when such authority is given; but no Native shall give any authority before such moneys are actually due and payable, and any authority so given shall be void: Provided that, so far as concerns 20any payment made under any authority, such payment shall be valid unless the person making the payment has received previous notice in writing that the authority was given before the moneys were actually due and payable. Any authority as aforesaid shall not be liable to any stamp duty.|
|23.||25Except as by this Act provided, no Native shall alienateNo Native owner to alienate except by will in favour of a Native. or dispose of his estate or interest in any land vested in the Public Trustee, or in the rents, income, profits, or other moneys arising thereout, except by will in favour of a Native; but no disposition by will shall be valid if contrary to the conditions, 30restrictions, and limitations of any instrument or title under which such Native derives title. The share, estate, and interest of any Native in such land, or in the rent, income, profits, or other moneys arising therefrom, or the estate or interest of any Native under a lease, shall not (except so far as the Public Trustee is concerned35) be liable to be seized, sold, attached, or levied upon by any process whatever, or become vested in any Official Assignee or creditors' trustee in bankruptcy, or be subject to any law relating to bankruptcy or insolvency, or be assets in bankruptcy: Provided that Natives being lessees under this Act, or owning or holding a lease 40thereunder, or any estate or interest therein, may alienate the same subject to any other provisions of this Act; but no Native, shall dispose of such lease or of any estate or interest therein by will except to or in favour of a Native.|
|24.||The Public Trustee shall not, nor shall any of his officers,The Public Trustee not to be liable except for wilful neglect, default, or omission. 45be liable for any act or thing wrongfully done or omitted by him or them under this Act, or under the presumed authority of this Act, unless the Public Trustee or his officers have been guilty of actual wilful neglect, default, or omission; and no person shall recover from the Public Trustee or his officers any loss or damage unless the 50Court in which the action or proceeding is brought certifies that such loss or damage was occasioned by or through the actual wilful neglect, default, or omission of the Public Trustee or of his officers. If, in any action or proceeding against the Public Trustee or his officers for any loss or damage occasioned by the actual wilful page 14neglect, default, or omission of the Public Trustee or his officers, judgment shall be recovered against the Public Trustee or his officers, then such judgment shall be paid out of the consolidated revenue, out of any moneys appropriated by the General Assembly for that purpose, but otherwise no such judgment shall be capable5 Expenses incurred to be chargeable on land in respect of which they arise.of being given effect to. All costs and expenses incurred by the Public Trustee or his officers in carrying into effect any of the provisions of this Act shall be deducted out of any moneys which shall come to his hands under the provisions of this Act, and arising out of the land vested in the Public Trustee with respect to which such 10 costs and expenses shall have been incurred.|
|25.||Conditions regulating actions or proceedings against the Public Trustee.No action or proceeding shall be brought against the Public Trustee or any of his officers, or any person acting under the authority of the Public Trustee (either expressed or implied), in the exercise or intended exercise of the provisions of this Act, or in 15 pursuance thereof, for any alleged irregularity or trespass, or any act or thing done or omitted under this Act, unless notice in writing specifying the cause of action or proceeding, and the name and residence of the intended plaintiff or prosecutor, or other person instituting such action or proceeding, and of his solicitor or agent in 20 the matter, is given by the plaintiff or prosecutor, or other person as aforesaid, to the defendant or person against whom such action or proceeding is intended to be taken, one month at least before the commencement of the action or proceeding, nor unless the action or proceeding is commenced within three months next after the act 25 or thing complained of is done or omitted, or, in case of a continuation of damage, within three months next after the doing of such damage has ceased.
In any such action or proceeding, the defendant or person against whom the same is taken may plead generally that the act or 30 thing complained of was done or omitted by him in the bonâ fide belief that he was acting rightly under the authority of this Act, and may give the special matter in evidence; and if the Court shall be of opinion that such defence is proved, the action or proceeding shall be dismissed.35
On the trial or hearing the plaintiff or person prosecuting the claim shall not be permitted to go into evidence of any cause of action not stated in the notice.
The plaintiff or person prosecuting the claim shall not succeed if tender of sufficient amends is made by the defendant, or person 40 against whom the proceeding is taken, before the commencement of the action or proceeding; and, in case no tender has been made, the defendant or person against whom the claim is made may, by leave of the Court in which the action or proceeding is brought, at any time pay into Court such sum of money as he thinks fit, where-upon 45 such proceeding and order shall be had and made in and by the Court as may be had and made on the payment of money into Court in an ordinary action.
Nothing hereinbefore contained shall apply to any action or proceeding by any of the Native owners against the Public Trustee 50 for or arising out of a breach of trust.
|26.||Lands may be taken under "The Public Works Act, 1882."Land vested in the Public Trustee may be taken for a public work and compensation paid therefor in the same manner as where page 15land is taken for a public work and compensation paid under the authority of "The Public Works Act, 1882," and for such purpose such land shall be deemed to be land within the meaning of "The Public Works Act, 1882"; and when such land or portions 5thereof shall require to be taken the Public Trustee shall be deemed, for the purpose of such taking and payment of compensation, to be the absolute owner in fee-simple thereof; and all acts and things required to be done or omitted by the owner of land under "The Public Works Act, 1882," may be done or omitted by the Public 10Trustee; and all notices to be given by or to the owner of land under "The Public Works Act, 1882," where land is taken, shall be given by or to the Public Trustee; and in all claims for compensation the Public Trustee shall be the claimant, and all moneys payable for compensation shall be payable to the Public Trustee. 15All compensation - moneys shall be held by the Public Trustee in trust for the Native owners of the land taken, and shall be invested upon such securities as are authorised by section ten of "The Public Trust Office Acts Amendment Act, 1891," and the income arising therefrom shall be applied in the same manner as the 20rents and income of the land taken could have been applied. "Public work," for the purposes of this section, has the meaning given to that expression by "The Public Works Act, 1882," and also includes public schools, public libraries, public cemeteries, and public recreation-grounds.|
|27.||25If any Native or person is a minor or lunatie, sick, or infirm,Public Trustee may appoint person to receive moneys payable to Native owner who is under any disability. or under any disability, the Public Trustee may from time to time appoint some person to receive the moneys payable to such Native or person, and in like manner revoke such appointment; and the person so appointed shall apply such moneys in any manner he thinks fit for 30the maintenance, support, or education of such Native or person. Until such appointment the Public Trustee may exercise the powers which the person if appointed could or might exercise under this section.|
|28.||The Governor may from time to time make, alter, andGovernor may make regulations. 35revoke regulations—
Such regulations shall be published in the New Zealand Gazette and in the Kahiti, and, when so published, shall be valid as if enacted in this Act, and shall be judicially noticed without further proof. 10
|29.||Public Trustee to keep a register showing the names of Native owners.The Public Trustee shall keep a register showing the names of the owners of any land or property vested in the Public Trustee, and the relative shares and interests of such owners therein, and the persons entitled to the rents, profits, and income thereof, and shall from time to time make such corrections in such register and such 15 additions thereto as may be necessary to keep the same accurate.|
|30.||Native Land Court to forward to Public Trustee duplicate of orders of Court respecting lands.When with respect to any land or property vested in the Public Trustee the Native Land Court or any Judge thereof makes—
it shall be the duty of the Court or Judge to forthwith forward a duplicate of such order to the Public Trustee, and the Public Trustee 30 shall make such additions or corrections in the register as may be thereby necessary. Any person whose name is not on such register who in any way becomes entitled to the share and interest of any owner in any land or property vested in the Public Trustee, or to the rents and profits thereof, shall not be deemed to be so entitled until 35 he has produced to the Public Trustee such evidence of his being entitled as the Public. Trustee may require, and his name has been entered in the register as being so entitled.
|31.||Receipt of person named in register to discharges Public Trustee of all liability.The receipt of any person whose name appears in the register as entitled to a share or interest in any land or property 40 vested in the Public Trustee, or as entitled to the moneys arising from any share or interest in such land or property, shall be a good and sufficient discharge to the Public Trustee for any moneys payable in respect thereof; and the Public Trustee shall not be answerable or accountable for the loss, misapplication, or non-application, or be 45 obliged to see to the application, of the moneys by him so paid; nor shall the Public Trustee be affected by the knowledge, actual or constructive, that some other person than the person to whom such moneys are so paid is entitled thereto.|
|32.||Public Trustee may require Native Land Court to determine interests of Native owners.The Public Trustee may make application to the Native 50 Land Court to determine the relative shares and interests of Native owners in land, property, or money vested in the Public Trustee; and the Court shall do so in the same manner as would be done upon page 17an application under "The Native Land Court Act, 1886," to determine the relative shares and interests of land under that Act; and all the provisions of that Act shall, mutatis mutandis, extend and apply accordingly. All costs and expenses incurred by the Public Trustee 5in carrying out this section and the next section shall be borno by the Native owners, according to their shares and interests, and shall be a charge upon such shares and interests.|
|33.||Where the title to any land vested in the Public TrusteePublic Trustee may require Native Land Court to ascertain title to land. has not been ascertained by the Native Land Court, the Public 10Trustee may apply to the Court to have such title ascertained, and the Court shall thereupon ascertain such title in the same manner as it would ascertain the title to Native land under the provisions of "The Native Land Court Act, 1886." No partition shall be made ofProviso that no partion without consent of Public Trustee. any land vested in the Public Trustee unless the Public Trustee 15consents thereto.|
|34.||Subject to this Act, the Native Land Court shall haveNative Land Court to have jurisdiction over land, but subject to this Act. jurisdiction over any land vested in the Public Trustee, and proceedings may be taken and orders made with respect thereto as could be taken or made with respect to any land owned by Natives 20under their customs or usages, or over land owned by Natives otherwise than under their customs or usages: Provided that the Court shall not make partition of any land vested in the Public Trustee except with the consent in writing of the Public Trustee.|
|35.||The Governor may, in addition to any other powers conferredGovernor may make special regulations for practice and procedure under Act of Native Land Court. 25by this Act, for the purpose of any of the provisions of this Act make special regulations for the practice and procedure of the Native Land Court or a Judge thereof, or otherwise in and about any of the matters, acts, and things by this Act to be done, exercised, or performed, and may make any regulations he thinks fit to carry into 30effect such provisions.
The power to make rules given by "The Native Land Court Act, 1886," shall extend and apply to any proceeding under the provisions of this Act, but no rules shall be inconsistent with any regulations made by the Governor under this Act. Any rules now or hereafter made, if not consistent with regulations 35made by the Governor, shall, for the purposes of this Act, be subordinate to such regulations.
|36.||All moneys may be invested by the Public Trustee in any ofInvestment of moneys not being income, and distribution of income. the securities authorised by the tenth section of "The Public Trust Office Acts Amendment Act, 1891," or may be invested upon the 40security of any lease granted under this Act. And the income may be paid to the Native owners entitled according to their shares, estates, and interests.
The Public Trustee may apply income for the maintenance; education, or advancement of the Native owners, in such manner 45and in such proportions as he thinks just.
Income not required to be immediately applied may be invested in the like securities aforesaid.page 18
|37.||Public Trustee to become trustee in place of all trustees under "The Maori Real Estate; Management Act, 1888."Upon this Act coming into operation, all trustees under "The Maori Real Estate Management Act, 1888," and under Acts repealed thereby, shall vacate their office, and the Public Trustee shall become trustee in their place. And all property, estate, rights, powers, duties, and functions vested in or exercisable by such trustees shall 5 become vested in and be exercisable by the Public Trustee as trustee; and, as to appointments of trustees to be hereafter made, the Public Trustee shall be appointed the trustee, but the Public Trustee may in any case consent to the appointment of a trustee in his place. The Public Trustee shall be entitled to the same remuneration as trustees 10 are entitled to under "The Maori Real Estate Management Act, 1888," which may be increased or diminished from time to time as the Governor may by regulations provide.
The Chief Judge of the Native Land Court shall forthwith, after this Act comes into operation, furnish to the Public Trustee—15
All trustees appointed under "The Maori Real Estate Management Act, 1888," or under any of the Acts repealed by that Act, 30 shall forthwith, after this Act comes into operation,—
Pay, deliver, and give possession to the Public Trustee of all moneys and property belonging to the trust in their hands or under their control;
Furnish a detailed statement showing their administration of 35 the trust, in such form, and containing such particulars, as the Public Trustee may from time to time require;
Furnish such other particulars concerning their administration of the trust property as the Public Trustee may from time to time require. 40
If any trustee so appointed as aforesaid shall fail or neglect to comply with the provisions aforesaid, after being requested by the Public Trustee so to do, the Public Trustee may, without issuing any writ of summons or filing any statement of claim, take out a summons in the Supreme Court against such trustee to compel him 45 to comply with such provisions; and the Supreme Court or a Judge thereof may make such order in the matter, and as to costs, as it or he thinks fit. No costs shall be awarded against the Public Trustee unless the Court or a Judge is of opinion that the proceedings taken by the Public Trustee were taken without reasonable cause. 50
|38.||Governor may by warrant direct District Land Registrar to issue to Public Trustee certificate of title.If any land vested in the Public Trustee is subject to the provisions of "The Land Transfer Act, 1885," and no grant or certi-page 19ficate of title shall have been issued therefor constituting a folium of the register under the aforesaid Act, then the Governor may, if the circumstances of the title are such as to warrant him in so doing, issue a warrant as is provided by such Act, directing the District 5Land Registrar to issue to the Public Trustee a certificate of title for such land for an estate in fee-simple, and such certificate shall be issued accordingly.|
|39.||When under this Act any person being an infant, marriedAny person under disability to be bound by contract or obligation authorised by Act. woman, or other person under any disability, is authorised by 10this Act to become lessee or licensee, or to contract or acquire or hold any land under this Act, or any estate or interest therein, such person shall be bound by his or her contract or obligation notwithstanding such disability; and in the case of a married woman it shall not be necessary that she should have property held to her 15separate use, and a married woman who enters into any contract or obligation shall be deemed to bind herself and her property present or future, and whether held to her separate use with or without power of anticipation or not, in every respect as would be the case of any other person not under disability.
20Where any person being an infant or married woman is a lessee or licensee, such person may, subject to the provisions of this Act, notwithstanding such disability, dispose of such lease or license as if no such disability existed: Provided always that nothing herein contained shall apply to an infant under the age of seventeen years.
|40.||25All leases heretofore granted by the Public Trustee, and allValidation of leases heretofore granted by Public Trustee. covenants, conditions, and provisions contained in such leases, under or purporting to be granted under any of the Acts hereby repealed are hereby declared to be and to have been from the granting thereof good, valid, and effectual, notwithstanding that such leases, or any of 30the covenants, conditions, and provisions thereof, may not have been validly made or entered into under the provisions of the said repealed Acts.
Nothing herein contained shall validate Or invalidate any lease which at or prior to the time this Act comes into operation is or has 35been the subject of any action or proceeding in which the validity of such lease or of any of the provisions of such lease is or was in question.
|41.||When, as to any lease heretofore or hereafter made underPublic Trustee may accept surrender of any lease for purpose of subdivision of land. this Act or any of the Acts hereby repealed, the land demised shall, 40as to different portions thereof, become vested in several persons, or where two or more persons shall hold as lessees the land comprised in one or more leases, and the whole of such persons desire to make a surrender and to take separate leases of separate portions of the land leased, and agree amongst themselves as to the apportionment of the 45rent, and the covenants, conditions, provisions, and agreements to be contained in such separate leases, and the Public Trustee agrees to accept such surrender and to grant separate leases of such separate portions at the apportioned rents, covenants, conditions, provisions, and agreements, then the Public Trustee may accept surrenders and 50grant separate leases at such apportioned rent, covenants, conditions, and provisions.
When any lessee subdivides the leased land, and desires to obtain a separate lease for each subdivision, the Public Trustee may accept a surrender of the lease, and grant separate leases for each subdivision either to the lessee or an approved nominee, and may apportion the rent, covenants, conditions, and provisions reserved and contained in 5 the surrendered lease to and amongst the separate leases in such manner as the Public Trustee thinks fit:
Provided that all costs, charges, and expenses incurred in and about the preparation of such surrenders and leases, and the execution, stamping, and registration thereof, shall be borne and paid by the 10 persons desiring such surrenders and separate leases.
|42.||Accounts of Public Trustee to be prepared, and laid with report before the General Assembly.In each year there shall be prepared by the Public Trustee and submitted to the Minister, on or before the day of, accounts and a balance-sheet for the year ended on the day of preceding, accompanied by an estimate in detail of the 15 probable expenditure of the Public Trustee during the next year.
Such accounts, balance-sheet, and estimate shall be certified as correct by two members of the Board, of whom the Public Trustee shall be one. With such accounts, balance-sheet, and estimate shall be a report signed by the Public Trustee and one other member of 20 the Board, showing the general administration by the Public Trustee of all property vested in him under this Act, and such other particulars relating thereto as the Governor may from time to time require.
Such accounts, balance-sheet, estimate, and report shall be laid 25 annually before both Houses of the General Assembly on or before the thirty-first day of July in every year, if the General Assembly shall then be sitting, and, if the General Assembly shall not then be sitting, then within fourteen days after the then next session of Parliament. 30
|43.||Disqualification Acts not to apply to Natives appointed under this Act.Nothing in any Disqualification Act for the time being in force affecting members of Parliament shall be deemed to disqualify or impose any penalty upon any Native in consequence of his being appointed to or holding any appointment under this Act to which any salary, remuneration, or allowance is attached. 35|
|44.||Governor in Council may extend period for performing of any act, matter, or thing required by this Act.If any act, matter, or thing required by or under this Act to be made or done at or within a fixed time or period cannot be or is not so made or done, the Governor in Council may from time to time appoint a further or other time or period for making or doing the same, whether the time or period at or within which the same 40 ought to have been made or done has or has not elapsed. And any act, matter, or thing made or done within or at the time provided by the Order in Council shall be as valid as if made or done at or within the period or time fixed by or under this Act.|
|45.||Exemption from payment of land or income-tax.Notwithstanding anything contained in "The Land and 45 Income Assessment Act, 1891," or any amendment of that Act now or hereafter made, or any Act passed in substitution of that Act, the Public Trustee shall not nor shall any Native, except as expressly provided by this Act, be liable to be assessed for or to pay any land-tax or income-tax in respect of any land or property vested in the 50 Public Trustee under this Act, or in respect of any income derived by the Public Trustee or by Natives from such land or property.page 21|
|46.||The Public Trustee shall not nor shall any Native beExemption from assessment by local authority. liable to be assessed for or to pay any rate or tax to any local authority upon or in respect of any land or property vested in the Public Trustee under this Act, or upon or in respect of the rent or income thereof, 5otherwise than as expressly provided by this Act.|
|47.||A person over the age of seventeen years shall for theSeventeen years to be deemed of full age. purposes of this Act be deemed to be of full age although under full age.|
|48.||In conveyances, leases, and other assurances made by theNo covenants in conveyance, &c., by Public Trustee to be implied against him. 10Public Trustee under this Act no covenants for title or quiet enjoyment shall be implied as against the Public Trustee. In such cases the only implied covenant shall be that the Public Trustee has not done or executed or been privy to any act or deed by means whereof the property comprised in the conveyance, lease, or other assurance 15has not by the Public Trustee been charged or encumbered in any way whatsoever.|
|49.||Every District Land Registrar shall, without the productionDistrict Land Registrar to register without production of Crown grant. of the Crown grant or other instrument of title, register under "The Land Transfer Act, 1885," any lease or other instrument purporting 20to be made by the Public Trustee under this Act.|