[ko te tohutoro i roto i te reo Māori]
A Bill Intituled
to provide for the Rehearing of a Claim made Title.
by certain Aboriginal Natives to a Block of Land in the Province of Wellington
known as "Te Ahikouka South," and for other purposes.
a claim made to the block of land described in the Preamble.
First Schedule hereto was heard before the Native Land Court
, sitting at Greytown
, in the Province of Wellington
, on the twenty-seventh day of April, one thousand eight hundred and seventy, and at such sitting a decision was given in favour of the persons named in the Second Schedule hereto: And whereas a rehearing was claimed by and on behalf of the persons named in the Third Schedule hereto, and the same was, by Order of the Governor in Council dated the twenty-sixth day of September, one thousand eight hundred and seventy, ordered to be reheard before one Judge and two Assessors before the twenty-fifth day of September, one thousand eight hundred and seventy-one: And whereas the said Order in Council was not given effect to, but the claim of the said persons named in the Third Schedule was, on the seventh day of February, one thousand eight hundred and seventy-two, heard before the Native Land Court
sitting at Greytown
, and a jury of four aboriginal natives as a new claim, and the decision given thereon was in favour of the said persons named in the Second Schedule, and a certificate of title was thereupon ordered to be issued to them, but such certificate has never yet been issued: And whereas the persons named in the Third Schedule having expressed great dissatisfaction with the decision of the Court, the Honorable Mr. Donald McLean
, then being the Minister for Native Affairs, requested certain chiefs of the aboriginal native race to make an inquiry into the circumstances attending such claim; and such inquiry was accordingly made, and the said chiefs reported that the parties mentioned in the Third Schedule had clearly established their claim, and that if the same evidence they had taken had been taken at the last-mentioned hearing before the Native Land Court
, that such Court would have been satisfied of the justice of the claim made by the persons named in the said Third Schedule: And whereas by reason of the premises disputes have arisen between the rival claim-page 2ants
, and in order that such disputes may be finally settled and that justice may be done between the said parties, it is expedient that a rehearing should be provided for as hereinafter mentioned:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
The Short Title of this Act shall be "The Ahikouka Claims Rehearing Act, 1874."
Rehearing of claims to Ahikouka South provided for.
Notwithstanding anything contained in "The Native Land Act, 1873," the claim made by the persons mentioned in the said Third Schedule to the block of land described in the First Schedule hereto shall and may he reheard by the Native Land Court
before one Judge of such Court and at least one Assessor, at such date or time as may be fixed by such Judge, not later than the first day of July, one thousand eight hundred and seventy-five.
Subject to this Act, all the provisions of the said Act shall apply to such rehearing, and to the claims rights and interests of parties affected or that may be affected thereby, as effectually to all intents and purposes as if the rehearing authorized by this Act had been authorized by an Order of the Governor in Council as provided by the said Act.
||Certificate of Native Land Court granted person named in Second Schedule cancelled.
The certificate of title issued or ordered to be issued by the Native Land Court as hereinbefore mentioned to the persons named in the said Second Schedule is hereby cancelled and declared void; and such certificate shall (except for the purpose of giving effect to the lease herein mentioned) be and be deemed to have been of no force whatsoever from the day of the date when the same was so ordered to be issued: Provided that nothing in this Act contained shall prejudicially affect a lease of the land described in the said First Schedule, made and granted on the seventeenth day of February, one thousand eight hundred and seventy-two, by one Matiaha Mokai and others to one John Tully, for the term of fourteen years as therein mentioned; and for the purposes of this Act and of any proceedings thereunder, but not further or otherwise, the said lease shall be deemed to be valid to all intents and purposes.