| 4. |
| (1.) | Governor may declare certain land subject to Act. When and as often as the Commission has reported to the Governor that any Native land is not required for occupation by the Maori owners, and is available for sale or leasing, it shall be lawful for the Governor by Order in Council to declare that such land shall be subject to this Part of this Act as from the date of such Order, and the same shall thereupon become and at all times thereafter remain subject to this Part of this Act accordingly. |
| (2.) | Every Order in Council purporting to be made under the authority of this Part of this Act shall be conclusive proof that all conditions precedent to the making of such Order have been duly observed and fulfilled, and the validity of any such Order shall not be questioned in any Court. |
| (3.) | Every such Order in Council shall determine the boundaries of the lands therein referred to in accordance with the report of the Commission, or, so far as such report does not define the said boundaries, then as the Governor thinks fit, so as to conform to the true intent of the said report. |
| (4.) | It shall be the duty of the Board of the district to take, when required by the Governor so to do, all necessary steps to ascertain the most suitable boundaries so to be determined, and to report to the Governor thereon, and the Governor may act upon such report accordingly so far as it is consistent with the report of the Commission. |
| (5.) | Every such Order in Council shall be gazetted, and shall be laid before Parliament within fourteen days after the making thereof if Parliament is then sitting, or if not, then within fourteen days after the commencement of the next ensuing session. |
| (6.) | Any report made by the Commission before the passing of this Act may, within four months after the passing of this Act, be modified by the Commission in such manner as the Commission thinks fit, having regard to the provisions of this Part of this Act; and it shall not be lawful to make any Order in Council in pursuance of such report during the said period of four months, or until the report of the Commission making such modification is presented, whichever first happens. |
|
| 5. | Such land to vest in Maori Land Board. All land which so becomes subject to this Part of this Act shall at the same time become vested in the Board of the district in which it is situated for a legal estate in fee-simple in possession.page 4.gif) |
| 6. | To be held in trust for Maori owners. The land so vested in a Board shall be held by the Board in trust for the Maori owners beneficially entitled thereto or to any estate or interest therein, in accordance with their respective rights, titles, and interests. |
| 7. |
| (1.) |
Maori owners not to have power of disposition. No Maori for whom the said land is so held in trust, and no Maori claiming through or under him, shall have any power of disposition in respect of the same or of his equitable estate or interest therein, whether by way of sale, lease, mortgage, charge, contract, or otherwise howsoever, or any power of charging or alienating by way of anticipation any moneys receivable by him in respect of the sale, lease, or other disposition of the said land under the authority of this Part of this Act:
Provided that nothing herein shall be construed to prevent a Maori, with the consent of the Board, from charging any such moneys as security for moneys borrowed for the improvement of other land occupied by him.
|
| (2.) | Nothing in this section shall take away or affect any power of testamentary disposition vested in a Maori. |
|
| 8. | Land to remain subject to existing charges, &c. All land which so becomes vested in a Board shall remain subject to all valid leases, mortgages, liens, or charges to which it was subject at the date when it so became vested in the Board. |
| 9. | Board not to exercise powers conferred by Acts of 1900 and 1905 over land subject to this Act. No Board shall exercise with respect to any land which is subject to this Part of this Act any of the powers conferred upon such a Board by the Maori Land Settlement Act, 1905, or the Maori Lands Administration Act, 1900, or by any amendment of either of those Acts. |
| 10. |
| (1.) | Restriction of powers of alienation. For the purpose of rendering effectual the provisions of this Part of this Act the Governor may at any time, on the request of the Commission, make, with respect to any specified area or areas of Native land, whether the Commission has reported thereon or not, an Order in Council prohibiting all private alienation of such land during any period not exceeding one year from the date of such Order. |
| (2.) | So long as any such Order in Council remains in force it shall not be lawful for any person, without the consent of the Governor in Council first obtained, to acquire or contract to acquire, whether by purchase, lease, license, mortgage, or charge, any estate or interest in any Native land to which such Order applies. |
| (3.) | Any contract or disposition made in breach of this section shall be void and of none effect. |
| (4.) | Nothing in this section shall invalidate any contract validly made before the date of the said Order in Council, or render illegal the performance of such contract after the said date. |
| (5.) | Nothing in this section shall apply to any assignment sublease, mortgage, or other disposition of any valid lease license mortgage, or other incumbrance of Native land. |
|
.jpg)
