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

Compensation and Arbitration

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Compensation and Arbitration.

38.

All claims for compensation in respect of any matters arising under this Act, or for value of improvements or other matters, shall, unless otherwise specially provided, be settled in the manner provided in Part III. of "The Public Works Act, 1882," for which purpose the said Part III. shall be deemed to be incorporated with this Act.

In every such claim the Public Trustee shall be the respondent.
39. Where it is provided or agreed that any matter arising under this Act shall be referred to arbitration, then such reference, unless herein otherwise provided, shall be to one or more arbitrators appointed by the parties on each side respectively, and an umpire to be appointed by such arbitrators.
(1.) If either party shall fail to appoint an arbitrator within twenty-one days after being requested in writing to do so by the other party, then the arbitrator appointed by the other party shall alone conduct the arbitration, and his decision shall be final and binding on both parties.
(2.) If the said arbitrators shall fail to agree upon the matter referred to them within twenty-eight days of the same having been so referred, then the matter so referred shall be decided by an umpire to be appointed by the said arbitrators, whose decision shall be final and binding on both parties.
(3.) Every such arbitration shall be carried on in the manner prescribed by "The Arbitration Act, 1890," and be subject to such last-mentioned Act in the same manner as if the reference to such arbitration had been made by consent of parties under a deed.
(4.) Each party shall pay his or its costs of such reference, and any costs incidental to the appointment of an umpire shall be paid equally by the parties to the arbitration.
(5.) Such arbitrators or umpire shall have all the powers vested in Commissioners by "The Commissioners' Powers Act, 1867," as well as all the powers given to them by "The Arbitration Act, 1890."
40.

Before any appraiser enters into the consideration of any matters referred to him under this Act he shall, in the presence of a Justice, make and subscribe the following declaration; that is to say,—

I, A.B., do declare that I have no interest, either directly or indirectly, in the matter of [Here state], and that I will faithfully and honestly, and to the best of my skill and ability, make the appraisement and valuation required under the provisions of "The West Coast Settlement Reserves Act, 1892."

And I make this declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand intituled "The Justices of the Peace Act, 1882."

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