Other formats

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

Connect

    mail icontwitter iconBlogspot iconrss icon

Acts Affecting Native Lands, Etc. (In English and Maori), Passed by the General Assembly, Session 1892, 1893, 1897, 1898, 1899.

[22nd August, 1892

[22nd August, 1892.
Whereas by "The Kaiapoi Native Reserves Act, 1877" (hereinafterPreamble. called "the said Act"), the pieces of land and hereditaments described in the first column of the Schedule hereto were reserved and set apart out of the waste lands of the Crown in the Provincial District of Canterbury for the use and benefit of the Kaiapoi Natives, as the same are defined in section two of the said Act; and it was enacted that the Governor might, by Order in Council, direct the Native Land Court to forthwith inquire into the particulars in section four of the said Act mentioned, and that the Court should make an order setting forth its decision thereon: And whereas provision was also made by the said Act for the declaration of trusts and appointment of trustees, or for a subdivision of the said pieces of land, so that each Kaiapoi Native might hold his share in severalty: And whereas by an Order in Council dated the fourteenth day of October, one thousand eight hundred and seventy-nine, the Governor directed the Court to proceed to inquire as aforesaid; and the Court, in pursuance thereof, made certain inquiries, and on the twenty-seventh day of March, one thousand eight hundred and eighty, ordered that a memorial of the ownership of the several persons respectively named in the third column of the said Schedule for the several blocks of land named in the first column of the said Schedule should be inscribed in the Court rolls; and memorials of ownership have been inscribed accordingly: And whereas at a sitting of the Court held at Kaiapoi, in the year one thousand eight hundred and eighty-six, subdivisions were made at the request of the Native owners of certain of the said pieces of land: And whereas it was found that a strict compliance with the provisions of the said Act as to the subdivision of the said pieces of land, so that each Kaiapoi Native should hold his share in page 2severalty would cause inconvenience and loss to the said Natives; and doubts have arisen as to the validity of the proceedings in the Court hereinbefore mentioned, and it is expedient that such doubts should be removed and the said Act amended:

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 is "The Kaiapoi Native Reserves Act 1877 Amendment Act, 1892."
2.Persons declared owners. The said memorials of ownership are hereby declared void and of no effect.
3.Court to be deemed to have had jurisdiction. The several pieces of land and hereditaments named and described in the first column of the Schedule hereto are hereby declared to be, and shall be deemed to have been, vested in the several persons whose names are respectively set forth in the third column of the said Schedule after the name and description of each piece of land, or the successors of such persons if any of them are dead, for an estate of freehold in fee-simple in possession as from the twenty-seventh day of March, one thousand eight hundred and eighty; and, where the names of more than one person are so set forth in respect to any of the said pieces of land, such persons shall be deemed to hold and to have held the same as from the said twenty-seventh day of March, one thousand eight hundred and eighty, as tenants in common.
4.Registration may be effected. The said Court shall be deemed to have had jurisdiction to subdivide the said several pieces of land in the manner hereinbefore mentioned, and the several orders made upon the said division shall be valid and effectual division orders, anything in the said Act to the contrary notwithstanding.
5.Trustees. The District Land Registrar of the District of Canterbury shall, as to any piece of land which has been subdivided as aforesaid, upon the production of the order of the Court effecting such subdivision order as aforesaid, issue a certificate of title under "The Land Transfer Act, 1885," to the persons named in such order in that behalf for the parcel of land comprised in such order; and, as to any piece of land which has not been subdivided as aforesaid, he shall forthwith upon the passing of this Act issue such certificate to the persons in whom such piece of land is vested by virtue of this Act.
6.Restrictions. The several persons who have been respectively nominated by the Court for appointment as trustees of the estate or interest of Kaiapoi Natives who are under disability shall be deemed to be trustees under "The Maori Real Estate Management Act 1888," and shall have the powers and be subject to the legal incidents in the said last-mentioned Act in that behalf expressed.
7.Repeal. The said pieces of land shall not, nor shall any parcel thereof be alienated by the Native owners without the consent of a Judge of the Native Land Court, nor in any way whatever except by lease for a period not exceeding twenty-one years: Provided that this section shall not apply to past transactions.
8. The provisions of the said Act, so far as they are repugnant with this Act, are hereby repealed.