Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

He Ture whakatakoto tikanga hei kimi i nga Take ki etahi Whenua i te Takiwa o Turanganui (31 o Akuhata, 1874).

An Act to provide for ascertaining Titles to certain Lands in the Poverty Bay District

[ko te tohutoro i roto i te reo Māori]

An Act to provide for ascertaining Titles to certain Title. Lands in the Poverty Bay District.

[31st August, 1874.]

Whereas by an order made by the Governor in Council, bearing Preamble. date the tenth day of February, one thousand eight hundred and sixty-nine, after reciting that by deed bearing date the eighteenth day of December, one thousand eight hundred and sixty-eight, the loyal portion of the Ai-tanga-a-Mahaki and Rongowhakaata Tribes, and of the Hapu of Ngaitahupo, ceded all their lands within certain boundaries therein described to the Crown, and that it was by the said deed stipulated on the part of the Crown that, subject to the terms of the said deed, those loyal persons whose claims to land within the said boundaries should have been lodged on or before the eighteenth day of March, one thousand eight hundred and sixty-nine, should have such claim adjudicated upon by a Commission of Judges of the Native Land Court, it was ordered that John Rogan, Esquire, and Henry Alfred Monro, Esquire, being Judges of the Native Land Court, should, and they were thereby empowered to make inquiry into all such claims as should be referred to them by the Colonial Secretary, in the manner and with the powers and authorities therein particularly set forth: And whereas by a notification under the hand of the then Governor of the colony, published in the New Zealand Gazette of the thirteenth day of February, one thousand eight hundred and sixty-nine, it was declared that the Governor had accepted the cession of the lands described in the Schedule thereto, (and which said lands are also page 5described in the First Schedule hereto), and it was notified that from and after the said eighteenth day of December, one thousand eight hundred and sixty-eight, the Native title to and over the said lands was extinguished: And whereas, under and by virtue of the hereinbefore in part recited Commission, the Judges therein named have held various sittings, and under the authority of "The Poverty Bay Grants Act, 1869," and "The Poverty Bay Grants Act Amendment Act, 1871," Crown grants have been issued for certain lands, being part of the lands included in the said First Schedule: And whereae at a sitting of the said Judges held on the twenty-second day of November, one thousand eight hundred and seventy-three, the said Judges, without further investigation of individual claims, returned to the Ai-tanga-a-Mahaki and Rongowhakaata Tribes and to the Ngaitahupo Hapu the remaining part of the lands so ceded as aforesaid, and which had not then been adjudicated upon, and which said lands so returned as aforesaid are included in the lands described in the Second Schedule hereto: And whereas certain sittings under the said Commission were held before one Judge only, and doubts have arisen as to the validity of the proceedings had and taken at such sittings, and as to the validity of Crown grants and other deeds matters acts and things made or executed in consequence of such proceedings, or founded thereon: And whereas, in order to give effect to the terms of the hereinbefore in part recited deed of cession, it is expedient that provision should be made for enabling the persons entitled to such last-mentioned lands to have their titles ascertained and investigated, and to be dealt with as hereinafter provided:

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1.Short Title. The Short Title of this Act shall be "The Poverty Bay Lands Titles Act, 1874."
2.
Native Land Court may inquire into title to lands in Second Schedule Notwithstanding that the Native title has been extinguished over the lands described in the said Second Schedule, any person or persons claiming any estate or interest in such of the said lands as have not been adjudicated upon by the said Judge as aforesaid may have his or their title to such land or any parts thereof investigated and determined by the Native Land Court in the manner provided by "The Native Land Act, 1873," or any Act amending the same, (hereinafter called "the said Acts,") as effectually to all intents and purposes as if the Native title to or in such land, or any part or parts thereof, had not been extinguished, and as if such lands were primarily liable to be dealt with under the said Acts or any of them.

Such lands may, upon any investigation of the title thereto in accordance with this Act, and at all times thereafter, be dealt with under the said Acts.

3.Validation of grants &c. already made. The validity of any Crown grant of land heretofore made under the provisions of "The Poverty Bay Grants Act, 1869," or any Acts amending the same, shall not be questioned by reason only of any informality attending the issue of any such grant, or of any irregularity in the times and manner in which the said Judges or either of them held sittings as aforesaid, or by reason of the fact that one of such Judges sat and acted alone.

And notwithstanding any such informality or irregularity as aforesaid, or by reason of any such Judge having sat and acted alone as aforesaid, every such Crown grant, and every other deed conveyance assurance matter or thing executed made or done under or by virtue of the land comprised in any such Crown grant, shall be, and the same is hereby declared to be, valid to all intents and purposes: page 6Provided that this Act shall only be construed to give validity to any such deed conveyance assurance matter or thing as aforesaid so far as the validity thereof respectively shall or may depend upon the validity of any such Crown grant as aforesaid.