| 54. |
| (1.) | Land may be set apart for occupation of Maoris. When and as often as the Commission has reported to the Governor, whether before or after the passing of this Act, that any Native land should be reserved for the use and occupation of Maoris, 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 page 14.gif) and at all times thereafter remain subject to this Part of this Act accordingly. |
| (2.) | After the date of any such Order in Council 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, except as provided in this Part of this Act. |
| (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. |
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| 55. |
| (1.) | Board to aot as agents for Maori owners. Where the Commission recommends that any sucn land or any part thereof should be leased to Maoris, the Governor may by Order in Council authorise the Board of the district in which such land is situated to act as the agent of the Maori owners of the said land for the purpose of leasing the same to Maoris in accordance with the provisions of this Part of this Act. |
| (2.) | The District Land Eegistrar of the district in which such land is situated shall, if the title to such land is a certificate of title under the Land Transfer Act, 1885, or is embodied as a folium of the Provisional Register, on the deposit of a copy of the said Order in Council certified under the hand of the Native Minister, register the Board as the agent of the Maori owners of the said land for the purpose of leasing the same to Maoris in accordance with the provisions of this Part of this Act, and shall issue to the Board a memorial to that effect. |
| (3.) | There shall be written on such memorial a statement that it is issued under the authority of this Part of this Act, and is subject to the provisions thereof. |
| (4.) | If the title to such land is an instrument under the-seal of the Native Land Court, which has not been embodied in the Provisional Register as a folium thereof, the said Order in Council may be registered in the Native Land Court provisionally in such manner as may be prescribed by regulations. |
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| 56. |
| (1.) | Leases to Maoris without competition. Where the Commission recommends that any such land should be leased to a Maori or Maoris specified in the report of the Commission, the Board may lease such land accordingly without public notification, public auction, or tender. |
| (2.) | If it appears to the Board that it cannot give effect to any such recommendation of the Commission, the Board may deal with such land as if it were available for leasing to Maoris under the next succeeding section. |
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| 57. | Provisions as to leases. Subject to the provisions of the last preceding section the Board may deal with the land available for leasing to Maoris as if the land was vested in the Board for leasing under Part I of this Act, and all the provisions relating to leases under that Part shall apply to leases under this Part of this Act, with the modifications following:—
| (a.) | No such land shall be sold and no lease thereof shall be granted to any person other than a Maori.page 15.gif) |
| (b.) | The Board shall in the first instance offer the land for selection to the Maori owners thereof, and may, without public notification, public auction, or tender, lease to any of the said owners or to any Maori nominated by such owners. |
| (c.) | Except with the consent of the Native Minister, on the recommendation of the Board, no lease granted to a Maori of any land under this Part of this Act shall be capable of being assigned to any person other than a Maori, nor, except with the like consent, shall any sublease of such land be granted to any person other than a Maori. |
| (d.) | The Board may exempt the lessee of any land which in the opinion of the Board cannot be immediately remunerative from payment of rent, except the first half-yearly rent, for any period not exceeding four years from the commencement of the term. |
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| 58. | Subdivision and Classification of land. The Board may, if necessary, cause land which is available for leasing to Maoris under this Part of this Act to be surveyed and subdivided into allotments as prescribed by section twelve of this Act, and shall classify such land as provided by section thirteen of this Act. |
| 59. | Application of rents. The rent shall be paid by the lessee to the Board, and shall from time to time be applied by the Board in manner provided by section forty of this Act. |
| 60. |
| (1.) | Maori lessee may borrow money. The lessee may, with the consent of the Board, and for the purpose of farming, stocking, and improving the land subject to his lease, borrow money from any lending Department of the Government, or from any person approved by the Native Minister on the recommendation of the Board, by way of mortgage on the security of such lessee's interest in the lease, or of any moneys receivable by him in respect of the sale, lease, or other disposition of land or interest in land which is vested in any Board under the authority of any Act and to which he is beneficially entitled. |
| (2.) | For the purpose of securing the due performance of the covenants and conditions of such mortgage the Board shall join in the mortgage, and may from time to time, without any further authority than this Act, pay to the mortgagee any moneys receivable by the lessee as aforesaid. |
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| 61. |
| (1.) | Native Minister may apply that land be incorporated. The Native Minister may, if in his opinion it is desirable that any land subject to this Part of this Act should be administered, managed, farmed, and improved by a committee of the owners, apply to the Native Land Court for an order of incorporation under section one hundred and twenty-two of the Native Land Court Act, 1894. |
| (2.) | Such application shall be deemed to be an application duly made with the consent of a majority of the owners, and may be dealt with by the Court accordingly. |
| (3.) | The provisions of sections one hundred and twenty-three, one hundred and twenty-four, and one hundred and twenty-five of the Native Land Court Act, 1894, shall apply to the nomination and appointment of the committee.page 16.gif) |
| (4.) | The committee shall have the powers conferred upon committee of an incorporated block by section tenty-three of the Maori Land Claims Adjustment and Laws Amendment Act, 1906. |
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