| 32. | Ohinemutu Pa roads. Whereas the Court and the Appellate Court have issued orders in regard to the lands comprised in the land known as Ohinemutu Pa (the boundaries whereof are described in the Schedule hereto): And whereas by such orders roads and right-of-ways have been provided for: And whereas such roads and right-of-ways have in many parts been built upon and not used, and in other parts have become impracticable: And whereas the Survey Department has advised that such roads and right-of-ways be cancelled, and new roads and right-of-ways be substituted: And whereas it is desirable that the Chief Judge should place such roads in their proper position, and amend all titles accordingly: Be it therefore enacted that the Chief Judge may upon a hearing in open Court order that the whole or any part of any such road or right-of-way shall be cancelled as a road or right-of-way, and that the land the subject thereof be vested in such persons as he by such order adjudges, and that such roads, streets, or right-of-ways as he deems necessary be vested in the Crown; and the Chief Judge may annul or amend any order or orders of the Court or the Appellate Court heretofore issued, in order to give due effect to this section and to his decision herein. |
| 33. | Kopuatarakihi Nos. 2b and 2c.To give effect to the recommendation of the Native Affairs Committee of the House of Representatives on the Petition No. 828/1907 of Hone Paerata and others, praying for rectification of error in the partition orders of Kopuatarakihi Nos. 2b and 2c Blocks, it is hereby enacted that the Chief Judge may empower and direct a Judge to inquire into the allegations of the said petition, and report to the Chief Judge thereupon. Upon such report the Chief Judge may, if he deem fit, amend the said partition orders and all subsequent proceedings, and may amend or cancel the order of page 12.gif) incorporation made in respect of Kopuatarakihi No. 2c Block, and direct that the same be made in respect of Kopuatarakihi No 2b Block, and whenever required so to do by the Chief Judge the District, Land Registrar shall amend the title of the said blocks accordingly. |
| 34. |
| (1.) | Te Kopuni Block. Section ten of the Maori Land Claims Adjustment and Laws Amendment Act, 1904, is hereby repealed, and the Crown grant and all orders of the Court made previous to the passing of that section shall be and be deemed to be unaffected or in any way disturbed or interfered with by that section, and shall be deemed to be and be still in existence as if that section had not been passed. |
| (2.) | The Court shall, on reference by the Chief Judge, have jurisdiction to inquire and report to him as to whether Karauria Pahura or Arapera Pahura intended at any time to admit other persons as owners of the lands therein mentioned, also for what interest. |
| (3.) | On receipt of such report from the Court (II the same is not appealed against within the time required by the Native Land Court Act, 1894, and if the same is so appealed against, then on the receipt of the report from the Appellate Court) the Chief Judge shall, if necessary, have power under the provisions of section thirty-nine of the last-mentioned Act to amend the said Crown grant and all orders of the Court mentioned in section ten aforesaid so as to give effect to such report. |
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| 35. |
Succession to Miria Papako. To give effect to the recommendation of the Native Affairs Committee of the House of Representatives, bearing date the eighth day of August, nineteen hundred and five, on petition No. 90 of Reita Weka, of Moeraki, Hillgrove, it is hereby declared that, notwithstanding any Act to the contrary, Reita Weka or any other person claiming an interest may, within three months after the passing of this Act, appeal to the Appellate Court against the orders of the Appellate Court appointing successors to the late Miria Papako in respect of the lands known as Kaiapoi 2b and Moeraki No. 1, and the said Appellate Court may hear and determine the appeal as if it had been presented within the prescribed time:
Provided that before the Appellate Court shall proceed to hear and determine the appeal the appellants shall lodge with the Court a sum of money sufficient, in the opinion of the Chief Judge, to cover the costs.
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| 36. | Waipiro No. 2e Block.Notwithstanding anything to the contrary in any Act, the Court may, on the application of any person claiming to be interested in the land known as Waipiro No. 2e Block, ascertain what compensation ought to be paid in respect of portions of the said land taken for roads and reserves, and who are the persons entitled to be paid such compensation, and by whom the same should be paid; and, after hearing such evidence as may be produced before it or may be thought necessary may make such order or orders as it thinks fit, and such orders shall have effect. |
| 37. |
| (1.) | Okahukura Block. The Appellate Court shall have jurisdiction, on the application of any Maori claiming to be interested in the lands referred to in the Second Schedule hereto to inquire and ascertain the boundaries, whether ancestral or as the same may have been agreed page 13.gif) to between the hapus to which the said lands were awarded on investigation of title, as set out in the minutes of the proceedings of the Court recorded in Volume IV, page 107 and following pages of the minutes of the Native Land Court for the Taupo District, and for the purposes aforesaid shall have power to confirm, amend, or vary all or any of the orders made on subdivision of the said lands, or to cancel all or any of such orders and to issue partition orders in lieu of such orders as may be cancelled; and the Appellate Court may by such partition orders, or by separate orders, ascertain and declare the relative interests of the Native owners, and all such orders shall be final and conclusive. |
| (2.) | Nothing herein shall authorise the Appellate Court to vary or amend the award of the Court on investigation of title as recorded in the said minutes; and the said award is hereby declared to be conclusive as to the hapus entitled to the said lands, and as to the persons constituting such hapus, as if a valid and final order on investigation of title in favour of the persons constituting the said hapus had been completed in accordance with the said minutes at the date of the said investigation of title. |
| (3.) | No order to be made by the Appellate Court under the foregoing provisions shall prejudicially affect the rights of any persons who have entered into contracts for the purchase or milling of flax on the said block. |
| (4.) | In case any alteration is made by the Appellate Court in the boundaries or ownership of any subdivision of the said lands, all rents, royalties, or other moneys now or hereafter to become payable under any such contract to the owners of any such subdivision shall be paid to the person or persons found by the judgment of the Appellate Court to be entitled as owners of such subdivision, instead of to the person or persons who but for such judgment would have been entitled to receive the same. |
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| 38. |
| (1.) | William Rogers's petition. To give effect to the petition of Willam Rogers it is hereby enacted that, on payment to the Public Trustee of the sum of three hundred pounds by the said William Rogers; he shall be entitled to a certificate of title for Section 92 of the Waitara West District, containing sixty acres, and the District Land Registrar is hereby authorised to issue the same. |
| (2.) | The sum so paid to the Public Trustee shall be held in trust for such person or persons as is decided by the Chief Judge of the Native Land Court to be beneficially entitled thereto, and subject to such restrictions as the Chief Judge may impose. |
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| 39. | Compensation for lands taken by Johnsonville Town Board. Whereas Lots 7, 8, 9, 10, 11, 12, 22, and 25, Section 8, Porirua District, were, by Order in Council dated the third day of April, nineteen hundred and six, taken under the provisions of the Public Works Act, 1905, and vested in the Johnsonville Town Board for the purpose of pleasure-grounds, and, on the sitting of the Compensation Court set up for the purpose of ascertaining the compensation payable in respect thereof, the sum of four thousand pounds was duly awarded by the said Court to the Native owners of the said lands: And whereas it is desirable to make provision for the payment by the said Board of the said compensation: Be it therefore enacted as follows:—
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| (a.) | The said Board, in satisfaction of the said award, may forthwith pay to the Public Trustee the sum of one thousand pounds, and issue debentures to the Public Trustee for the sum of three thousand pounds, with interest thereon from the thirtieth day of November, nineteen hundred and seven, at the rate of five per centum per annum. Such debentures when issued shall be deemed to have been duly and lawfully issued under the provisions of the Local Bodies' Loans Act, 1901, and all the provisions of that Act shall be deemed to have been duly complied with. The debentures shall be in the form, as near as may be, provided by the said Act, and shall be payable within ten years from the issue thereof, and shall bear interest at the rate of five per centum per annum (payable half-yearly), and shall be charged within the meaning of section fifteen of such last-mentioned Act on the said land, or on so much thereof as for the time being is unsold. The Board may levy a special rate for the purpose of providing for the payment of the said debentures and interest, but shall not be required to do so unless and until it makes default in the payment of the principal or interest moneys thereby made payable. |
| (b.) | The said Town Board may subdivide and sell for an estate in fee-simple such portions of the said land as the said Board may deem necessary, and dedicate, form, and construct roads thereout, and deduct from the moneys received from such sale the costs of so subdividing and the construction of the said streets and roads and the expenses of sale, and pay any balance in the hands of the said Board to the Public Trustee in or towards the redemption of any debentures issued under the authority hereof. |
| (c.) | The said Town Board may lease any part of the said land under and subject to the provisions of sections one hundred and ninety-one to one hundred and ninety-four of the Municipal Corporations Act, 1900, and the said Board shall have all the powers of a Borough Council acting under the said sections. |
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| 40. |
Anaura Block. Whereas it is alleged that upon the investigation of title of a block of land called Anaura, situate in the Poverty Bay Registration District, certain of the proper owners were inadvertently omitted from the orders of the Court evidencing the title of the said block of land: And Whereas the said land has since been vested or intended so to be for an estate in fee-simple in the Maori Land Board of the Tai-Rawhiti Maori Land District, and it is expedient that the Court should be empowered to deal with the said matter as hereinafter appearing; Be it therefore enacted as follows:—
The Court is hereby authorised to inquire and determine if any persons have been omitted from the original title, and may at its discretion amend such title and the subsequent proceedings by the insertion of the names of such persons as shall prove their right page 15.gif) to inclusion, substituting, where necessary, the successors of such persons as shall have died:
Provided always that no valid alienation of any portion of the said land, nor a lease validated by decree of the Validation Court of the tenth day of September, eighteen hundred and ninety-four, shall be prejudiced by any such amendment. Any order for amendment shall be subject to appeal, but shall otherwise be final and conclusive.
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| 41. | Waiohiki Native Reserve. Whereas by order of the Native Land Court dated the twenty-sixth day of August, eighteen hundred and eighty-six, it was ordered that the parcels of land described in the Third Schedule to this Act should be vested in the Public Trustee as Native reserves on behalf of certain Native owners: And whereas by a subsequent order of the said Court dated the nineteenth day of July, eighteen hundred and ninety-five, it was ordered that certain other Natives should be included as owners of certain of the said parcels of land: And whereas the Public Trustee has since the date of the said first-mentioned order dealt with the said lands as Native reserves for the benefit of the several owners mentioned in the said orders: And whereas on or about the twenty-first day of March, nineteen hundred and six, the Public Trustee, with the consent and approval of the several Native owners of the said lands, called for tenders for leases of the said several parcels of land: And whereas the Napier Golf Club: Registered) was the successful tenderer for so much of the said lands as are mentioned in the Fourth Schedule to this Act, and in accordance with such tender the Public Trustee made and executed in favour of the said Napier Golf Club (Registered) a memorandum of lease whereby the said lands mentioned in the Fourth Schedule to this Act were leased to the Napier Golf Club (Registered) for the period of twenty-one years from the first day of March, nineteen hundred and six, at the rents therein mentioned in respect of the several blocks specified in the said Fourth Schedule: And whereas doubts have arisen as to the regularity of some of the proceedings in the Native Land Court with reference to the making of the said orders, and the Public Trustee has agreed that the said several lands mentioned in the said Third Schedule should be revested in the Native owners absolutely, but subject to the said memorandum of lease: Be it therefore enacted as follows:—
| (a.) | The said memorandum of lease dated the twentieth day of September, nineteen hundred and six, made and executed by the Public Trustee in favour of the Napier Golf Club (Registered), shall be a valid and effectual lease, and shall be registrable against the several titles affecting the lands thereby leased in the same manner as if such lands had been effectually vested as Native reserves in the Public Trustee prior to the making of the said lease. |
| (b.) |
The said order of the Native Land Court, of date the twenty-sixth day of August, eighteen hundred and eighty-six, in so far as it purports to vest the said parcels of land in the Public Trustee as a Native reserve, shall, as from page 16.gif) and after the passing of this Act, be deemed to be void and of no effect:
Provided that all acts done by the Public Trustee in reliance upon the said order shall he of full force and effect so far as the same were done prior to the passing of this Act.
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| 42. |
| (1.) | Section 132, Mungaroa District. Notwithstanding anything in any Act to the contrary, the Public Trustee shall, subject to any existing liens, charges, or incumbrances, transfer to the Native beneficiaries as ascertained by the Native Land Court the Native reserve known as Section No. 132, Mungaroa District, containing one hundred acres, more or less, now vested in the Public Trustee by virtue of section two of the Native Reserves Act Amendment Act, 1896, and the said Native beneficiaries shall thereafter hold the land as an estate of inheritance in fee-simple under and subject to the provisions of the Native Land Court Act, 1894, but free from the restriction imposed by section one hundred and seventeen thereof. |
| (2.) | Any alienation of such land by way of sale shall, prior to confirmation, be approved by the Public Trustee. |
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| 43. |
| (1.) | Part Section 13, Ohariu District. Notwithstanding anything in any Act now in force to the contrary, the Public Trustee shall, subject to any existing liens charges, or incumbrances, transfer to the Native beneficiaries as ascertained by the Native Land Court the Native reserve being the ungranted portions of Section No. 13 on the plan of the Ohariu District, containing forty-seven acres two roods thirty-three perches, more or less, now vested in the Public Trustee by virtue of section two of the Native Reserves Act Amendment Act, 1896; and the said Native beneficiaries shall thereafter hold the land as an estate of inheritance in fee-simple as Maori land as defined by the Maori Lands Administration Act, 1900, owned by more than two owners at the time of the coming into operation of that Act, but free from the restriction imposed by section one hundred and seventeen of the Native Land Court Act, 1894. |
| (2.) | Any alienation of such land by way of sale shall, prior to confirmation, be approved by the Public Trustee. |
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| 44. | Hinakitaka Block to be dealt with by Validation Court. Whereas the Native owners of the block of land known as Hinakitaka, in the Pencarrow Survey District, containing two hundred acres, more or less, did by transfer bearing date the seventh day of February, eighteen hundred and ninety-eight, transfer to Mary Anne Eglinton their interest in the said block: And whereas the said transfer was duly, confirmed by the Court, and the purchase-money was paid to the Native owners: And whereas the District Land Registrar has refused to register the said transfer on the ground that the said land was subject to the restriction imposed by section one hundred and seventeen of the Native Land Court Act, 1894: And whereas the said Mary Anne Eglinton is thus through a purely technical defect unable to obtain a title to the said block of land: Be it therefore enacted that the Validation Court shall have jurisdiction to hear and determine the claim of the said Mary Anne Eglinton under the said transfer, and to make such order as the Validation Court deems just.page 17.gif) |
| 45. |
| (1.) | Tutira Block. The Board of the Ikaroa Maori Land District is hereby authorised to act for and on behalf of the Native owners of the lands in the Hawke's Bay Provincial District known as Tutira Block, and to give effect to certain recommendations (set forth in Parliamentary Paper G.-1d, session 1907) of the Commissioners appointed by the Governor on the twenty-first day of January, nineteen hundred and seven, to make certain inquiries regarding Native lands as to the said Tutira Block by executing leases of the portions of the said Tutira Block proposed by such recommendation to be leased to the persons, for the terms, and on the conditions specified in such recommendations, with such other usual or necessary conditions as the Board may require. |
| (2.) | Such leases when executed by the Board shall be conclusive evidence that the same are in accordance with such recommendations and that all requirements of the law as to the same have been complied with. |
| (3.) | The rent, royalties, and other moneys payable under such leases shall be paid to the Native owners and not to the Board. |
| (4.) | The costs of the Board of, and incidental to, such leases and to all matters necessary in order to give effect to the recommendations aforesaid shall be paid by the lessees, who may deduct the same from the moneys payable under such leases. |
| (5.) | The Board may, with due regard to the wishes of the Native owners, agree with the lessees, or any of them, as to the location of the area of five hundred acres recommended by the said Commissioners to be taken out of the area to be leased, and may authorise a surveyor to survey the same and the Native reserve of one thousand acres referred to in the report of the said Commissioners. |
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| 46. | Validation of leases granted to Gertrude Ellen Meinertzhagen. To give effect to a portion of the report of the Commission appointed by the Governor on the twenty-first day of January, nineteen hundred and seven, for the purpose of making inquiries as to areas of Native land which are unoccupied, or not profitably occupied, and as to the mode in which such lands can best be utilised and settled, it is hereby enacted as follows:—
| (a.) | The Governor may oy Order in Council validate as from the date or respective dates thereof certain leases granted to Gertrude Ellen Meinertzhagen by the Native owners of Waimarama No. 3a, in the Hawke's Bay District, dated the eighth day of March, nineteen hundred and six, and subsequent dates, and reported upon by the said Commission, so far as the same relate to the area of five thousand acres recommended for lease to the said Gertrude Ellen Meinertzhagen by the Commission, such area to be more particularly defined by the said Commission so far as is necessary to give effect to the purpose of this section, and the said Order in Council shall be sufficient authority to the District Land Registrar at Napier to register the said leases against the land in respect of which they are so validated; and upon such validation all such leases, so page 18.gif) far as they relate to any area or areas in excess of the said area of five thousand acres, shall be and be deemed to have been of none effect. |
| (b.) | In respect of such shares in the said area as have been purchased by the Crown the Governor may grant a lease thereof to the said Gertrude Ellen Meinertzhagen for the same term and subject to the same conditions as the said leases so validated, and at the rate of six shillings per acre per annum. |
| (c.) | The rent payable under the leases so validated shall be the sum of six shillings per acre per annum, instead of the sum of five shillings expressed to be reserved in the said leases. |
| (d.) | For the purpose of carrying out the foregoing provisions the Governor may agree with the Native owners of any parts of the area included in the leases so validated to acquire such parts as Crown land in exchange for Crown land of equal value situated elsewhere. |
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| 47. | Wi Pere trust lands. Whereas by deed dated the fourteenth day of April, eighteen hundred and ninety-nine, made between Wi Pere, Arapera Pere, Hetekia Pere, Moanaroa Pere, Riria Mauaranui, and Riripeti Rangikohera (hereinafter referred to as the beneficiaries) of the one part, and Walter George Poster of the other part, certain real and personal property in the Poverty Bay District was conveyed and transferred to the said Walter George Foster upon certain trusts declared in the said deed: And whereas by deed dated the fifteenth day of August, eighteen hundred and ninety-nine, and made between Mangatu No. 1, a corporation incorporated under the Mangatu No. 1 Empowering Act, 1895, of the one part, and the said Walter George Foster of the other part, the said corporation did convey, assure, and set over to the said Walter George Foster a parcel of land in the Poverty Bay District containing twenty thousand acres, more or less, being Subdivision 1 of Mangatu No. 1 Block, upon the trusts declared in the said deed of the fourteenth day of April, eighteen hundred and ninety-nine: And whereas the beneficiaries, or such of them as are now surviving, desire to appoint a new trustee in place of the said Walter George Foster and to alter the trusts upon which the said property is held, and it is expedient to give effect to such desire: Be it therefore enacted as follows:—
| (a.) | On the application of the said Wi Pere on behalf of such beneficiaries as are surviving, and of the successors of such of them as are dead, the Governor may by Order in Council remove the said Walter George Foster from his position as trustee under the said deeds and appoint some other fit and proper person as trustee in his place, and may by such Order declare fresh trusts in respect of the residue of the real and personal estate now remaining subject to the trusts of the said deeds. |
| (b.) | On making such Order in Council, and notice thereof being given to the said Walter George Foster, he shall forth-page 19.gif) with, at the cost of the beneficiaries, execute such deeds and instruments and do all such acts and things as may be necessary to vest the real and personal property subject to the trusts of the said deeds in such new trustee. |
| (c.) | On the making of the said Order in Council, and on the execution by the said Walter George Foster of the instruments necessary for the purpose of the last preceding paragraph, all liabilities, contracts, and engagements of the said Walter George Foster incurred or entered into by him as trustee under the said recited deeds shall become liabilities, contracts, and engagements of the new trustee so to be appointed as aforesaid; and the said Walter George Foster shall be released and discharged therefrom and from all actions, claims, and demands for or in respect of any act, matter, or thing whatsoever done, omitted, or suffered by him as trustee under the said recited deeds, or arising out of his administration of the trusts thereof, or otherwise howsoever happening for or by reason or in respect of the premises. |
| (d.) | The obligations created by the deed dated the seventh day of November, eighteen hundred and ninety-eight, expressed to be made between the said Wiremu Pere, Riria Mauaranui, Arapera Pere, Hetekia Pere, and Moanaroa Pere of the one part, and Mangatu No. 1 of the other part, and adopted by the said Walter George Foster by memorandum dated the eleventh day of July, nineteen hundred and ninety-nine, shall become binding on such new trustee in the same manner as if the same had been originally executed by him. |
| (e.) | The said Arapera Pere and Moanaroa Pere shall be entitled to a charge upon the estate and interest of the said Wi Pere in the lands remaining subject to the trusts of the said deed of the fourteenth day of April, eighteen hundred and ninety-nine, in respect of a sum due to them on account of the fact that considerable parts of their estate have been sold for the purpose of paying the debts of the said Wi Pere. Such amount shall be ascertained in accordance with the following principle:—
| i. | The value of the whole of the real and personal estate subject to the trusts of the hereinbefore-recited deeds (except Mangatu No. 1 Block, Subdivision No. 1) shall be taken as at the fourteenth day of April, eighteen hundred and ninety-nine, as set out in the books kept for the purpose of the trust. |
| ii. | The value of the share of each of them the said Wi Pere, Arapera Pere, Hetekia Pere, Moanaroa Pere, Riria Mauaranui, and Riripeti Rangikohera shall be taken, and its proportion to the total amount of the above value ascertained.page 20.gif) |
| iii. | The properties remaining unsold shall be taken as at the valuation made thereof in June, nineteen hundred and seven, and the excess or difference between their values in April, eighteen hundred and ninety-nine, and June, nineteen hundred and seven, shall be taken; to the total surplus as at June, nineteen hundred and seven, shall be added the net amount realised by the sale of all properties, and this sum when ascertained shall be apportioned among all owners in the ratio of their original interests. |
| iv. | The difference between the shares so ascertained of the said Arapera Pere and Moanaroa Pere and the amounts of their original shares shall be the amounts deemed to be due by the said Wi Pere to them respectively. |
| v. | The said amounts shall respectively carry interest at the rate of five pounds per centum per annum from the dates of the sales of the properties of the said Arapera Pere and Moanaroa Pere; and the new trustee to be appointed in place of the said Walter George Foster aforesaid shall execute in favour of Arapera Pere and Moanaroa Pere proper legal mortgages of the interest of the said Wi Pere in the real and personal estate in his hands, subject to the trusts of the said hereinbefore-recited deeds. |
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incorporation made in respect of Kopuatarakihi No. 2c Block, and direct that the same be made in respect of Kopuatarakihi No 2b Block, and whenever required so to do by the Chief Judge the District, Land Registrar shall amend the title of the said blocks accordingly.
