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

1893, No. 40. An Act to amend "The Maori Real Estate Management Act, 1888."

page 1

Analysis.

Title.

1. Short Title.
2. Amendment to section 5 of "The Maori Real Estate Management Act, 1888."
3. Amendment to section 6 of "The Maori Real Estate Management Act, 1888."
4. Amounts not exceeding ton pounds may be paid to trustee direct.
5. Chief Judge to make rules, &c.
6. Amendment to subsection (5) of section 9 of "The Maori Real Estate Management Act, 1888."
7. Declaration of age to be made and registered.
8. Concerning the will of Rina Mokena.

1893, No. 40. An Act to amend "The Maori Real Estate Management Title. Act, 1888."

[6th October, 1893.

Be it Enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1. The Short Title of this Act is "The Maori Real EstateShort Title. Management Act 1888 Amendment Act, 1893."
2. The first proviso to section five of "The Maori Real EstateAmendment to section 5 of "The Maori Real Estate Management Act, 1888." Management Act, 1888," shall be read and construed as if the words "of the Supreme Court" were omitted therefrom; and the last proviso to the aforesaid section shall not be deemed to apply, as regards the limitation of the term of lease, to any arrangement heretofore or hereafter entered into by trustees with Her Majesty for the cession or lease of any land for mining or other purposes.
3. Money payable to the Public Trustee under the provisions ofAmendment to section 6 of "The Maori Real Estate Management Act, 1888." section six of "The Maori Real Estate Management Act, 1888," shall not be paid out except on the order of a Judge of the Native Land Court, who may direct that any such moneys or any part thereof may from time to time be paid for the maintenance, education, or advancement of any Native under disability entitled to such moneys, or for any other purpose which may appear necessary or beneficial in the interests of such person.
4. Any sum not exceeding ten pounds, being the total considerationAmounts not exceeding ten pounds may be paid to trustee direct. for any estate or interest, may, with the consent of a Judge of the Native Land Court, be paid to a trustee without the intervention of the Public Trustee.page 2
5.Chief Judge to make rules, &c.It shall be lawful for the Chief Judge of the Native Land Court from time to time to make rules, and such rules to alter and revoke, for regulating the mode of procedure on application for consent to a sale or other disposition of the trust estate vested in any trustee under the aforesaid Act, or any Act repealed thereby, and also for regulating the practice to be observed on sanctioning the appropriation of moneys which may become payable on sales by trustees of any such lands.
6.Amendment to subsection (5) of section 9 of "The Maori Real Estate Management Act, 1888."Subsection five of section nine of "The Maori Real Estate Management Act, 1888," is hereby amended as follows: All real or personal estate heretofore vested in any trustee, either original or substituted, appointed under the said Act shall be deemed to have vested without any conveyance or assignment thereof in the cestui qui trustent on whose behalf the estate was held on their respectively attaining the age of twenty-one years; and for this purpose the definition of the term hereditaments in the aforesaid Act shall be deemed to have included Native land held under memorial of ownership or certificate of title under any Native Land Act.
7.Declaration of age to be made and registered.For the purpose of determining the actual age of a cestui qui trust claiming to have attained the age of twenty-one years, proof shall be furnished by a declaration of age certified by a Judge of the Native Land Court, and such declaration shall be entitled to registration under "The Deeds Registration Act, 1868," or "The Land Transfer Act, 1885," and shall be registered in the Lands and Deeds Registry Office of the district in which the real estate is situate.
8.Concerning the will of Rina Mokena.Notwithstanding any restrictions, conditions, or limitations contained in the will of Rina Mokena, late of Te Aroha, deceased, George Lipsey and Ema Mokena, his wife, on behalf and with the consent of their daughter, Ani Heni Riripihi, trustees and devisee respectively under the will aforesaid, in respect of the estate and interest of the said Rina Mokena as a tenant in common with eight other owners in Section Fifteen, Block Nine, Te Aroha Survey District, containing three hundred and forty acres, more or less, may complete the sale to Her Majesty of the estate and interest aforesaid in forty-six acres, or thereabouts, being a portion of the section and block aforesaid required for the purpose of extending the boundaries of Te Aroha Hot Springs Domain, and the District Land Registrar of the Auckland District may register the transfer to Her Majesty accordingly, although probate and administration of the will as aforesaid may not yet have been granted by the Supreme Court or the Native Land Court.