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

Author: General Assembly of New Zealand

Publication details: George Didsbury, 1892

Part of: He reo ture nō te Whare Paremata / Statutory language

Conditions of use

And whereas, on the twentieth day of May, one thousand eight hundred and eighty-one, acting in accordance with a recommendation made by the Court at the investigation aforesaid, each of the said twelve owners (with the exception of Tiopira Tawhiao) page 2executed a declaration of trust, declaring that they held the said land as trustees for the said persons mentioned in the Second Schedule hereto: And whereas the said Tiopira Korehe, Anaru Matete, Tiopira Tawhiao, Paora Kingi, and Wi Haronga, and many of the other persons entitled, are dead, and by reason of such deaths it is impossible to manage the said land as originally intended for the benefit of all the persons intitled: And whereas the Native Land Court refuses to recognise as owners of the said land any persons but the twelve before-mentioned, and on that ground has dismissed numerous applications made by Natives to be appointed successors to deceased persons originally entitled as aforesaid, which dismissals have led to complications, and render the management for all interested impossible: And whereas it has been agreed by and between the survivors of the before-mentioned twelve owners, and the survivors of the other persons entitled, and the representatives of those who are dead, that in order to utilise the said land, and to have the rights and interests of all those entitled to a share in the said block recognised and preserved, and to insure to each person entitled thereto a participation in the profits arising from the said block, a less number of trustees shall be appointed, that certain alterations in the powers of the trustees shall be made, and that the owners of the said land shall be incorporated for the purpose of the ownership and management of the said land, and that the intervention of Parliament shall be requested for the furtherance of this agreement, as the Native Land Court has no power to effect the same:

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 Mangatu No. 1 Empowering Act, 1893."
2.	Owners.The persons whose names are set out in the Second Schedule hereto, and the successors according to Native custom of those in the said Schedule who have died since the thirtieth day of April, one thousand eight hundred and eighty-one, shall be and the same are hereby declared to be the owners of the Mangatu No. 1 Block, situated in the District of Poverty Bay, County of Cook.
3.	Incorporation.The said owners are hereby incorporated as a body corporate under the name of "Mangatu No. 1," having perpetual succession and a common seal; and the said land, called or known as the Mangatu No. 1 Block, shall be and hereby is vested in the said corporate body as and for an estate of inheritance in fee-simple in possession.
4.	Committee appointed.The said land and the affairs of the said corporate body shall be managed and determined by a Committee to be appointed from time to time in manner hereafter appearing. Such Committee shall consist of seven owners. The first Committee shall be elected at a public meeting of the owners of the said Mangatu No. 1 Block to be held at Te Karaka, in the District of Poverty Bay, on the first day of November, one thousand eight hundred and ninety-three, at the hour of three o'clock in the afternoon, which meeting shall be presided over by the Resident Magistrate of the district.page 3
5.	The Committee shall have power to manage the said landPowers of Committees. and to make leases of the same, or any part thereof, for a term not exceeding thirty years: Provided that such leases shall be made only after public tender has been called for the land so to be leased.
6.	The Committee shall have full power to make by-laws andBy-laws and regulations. regulations for the conduct of their own business and the management of the estate; but such by-laws and regulations shall only operate after the assent and approval of the Governor in Council has been given thereto.
7.	The Committee shall have full power, by and with the consentPower to sell to the Government. of a majority of the owners in general meeting assembled, to sell any part or parts of the said land to the Crown at such price or prices as may be agreed upon between the parties.
8.	All deeds necessary to effect any contract shall be signedExecution of deeds. by a majority of the Committee in the presence of a Judge of the Native Land Court, or other officer appointed by the Government for the purpose, and shall be sealed with the seal of the said corporation.
9.	The relative shares of the owners shall be determinedShares of owners. by consent, or, in case of dispute, then by the Native Land Court as if the said land were subject to the ordinary jurisdiction of that Court.
10.	All matters of procedure necessary for the carrying of thisOrders in Council. Act into effect in every respect, including the future appointment of members of the Committee, and the times and manner of such appointment, shall be determined by the Governor in Council: Provided that no Order in Council shall contravene the spirit and provisions of this Act.
11.	Nothing in this Act contained shall prejudice or validateReservation as to existing rights. any rights or interests, if any, acquired in the said land.
12.	All the rents, issues, and profits of the said land, andPublic Trustee to receive rents. the proceeds of all sales thereof authorised by this Act, shall be paid to the Public Trustee, who shall have power to sue for and take all proceedings, by distress or otherwise, that may be necessary to recover the same. The Public Trustee may appoint "Mangatu No. 1" as his agent to receive such rents.
13.	The Public Trustee shall, after deducting his own expensesPublic Trustee to distribute money received. and those of "Mangatu No. 1," distribute the proceeds, rents, issues, and profits to the owners.
14.	The Audit Office shall annually audit the accounts of theAccounts to be audited. Public Trustee in dealing with this block, and shall present a report each year to Parliament, stating the result of such audit.
15.	As soon as practicable after the relative interests shall haveCommittee to supply certified list of owners entitled to receive money. been determined as aforesaid, the Committee shall forward to the Public Trustee a list of the names of the owners, showing their respective interests. Such list, when certified as correct by the Registrar of the Native Land Court at Gisborne, shall be taken by the Public Trustee as the basis of each distribution of money.
16.	No alienation or dealing with the land under this Act shallLand not to be dealt with till after survey. take place until the survey of the said block shall have been completed, and the Minister of Lands has by writing declared that the said block has been properly surveyed.