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

Penalties

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Penalties.

47.Imprisonment for certain breaches of Act. Every person is liable to imprisonment for not more than six months, with or without hard labour,—
(1.) If by means of any wilfully false statement or representation he obtains or attempts to obtain a pension-certificate, not being justly entitled thereto, or a pension of a larger amount than he is justly entitled to; or
(2.) If by any means he obtains or attempts to obtain payment of any absolutely forfeited instalment of pension; or
(3.) If, by means of personation or any other fraudulent device whatsoever, he obtains or attempts to obtain payment of any instalment of pension; or
(4.) If by any wilfully false statement or representation he aids or abets any person to obtain a pension-certificate, or any instalment payable thereunder.
48.Additional powers of Court when convicting. In the case of any conviction under the last-preceding section hereof, the convicting Court, in addition to imposing the punishment thereby prescribed, shall also, according to the circumstances of the case, by order—
(1.) Cancel any pension-certificate which is proved to have been wrongfully obtained; or,
(2.) Reduce to its proper amount any pension that has been proved to be too high; or,
(3.)

Impose a penalty not exceeding twice the amount of any instalment the payment whereof has been wrongfully obtained, and, if the defendant is a pensioner, direct the forfeiture of future instalments of his pension equal in amount to such penalty and in satisfaction thereof:

Provided that all proceedings under section forty-seven and this section shall be taken in a summary way before a Stipendiary Magistrate or two Justices of the Peace.
49.
Additional penalty for certain oence s.If any pensioner is convicted of drunkenness, or of any offence punishable by imprisonment for not less than one month and dishonouring him in the public estimation, then, in addition to any other penalty or punishment imposed, the convicting Court may in its discretion, by order, forfeit any one or more of the instalments falling due next after the date of the conviction:

Provided that if, in the opinion of the convicting Court, any pensioner misspends, wastes, or lessens his estate, or greatly injures his health, or endangers or interrupts the peace and happiness of his family, the Court may by order direct that the instalment be paid to any clergyman, Justice of the Peace, or other reputable person for the benefit of the pensioner, or may by order cancel the pension-certificate:

Provided further that if on any conviction the pensioner is deemed to be an habitual drunkard within the meaning of "The Police Offences Act, 1884," then, in lieu of forfeiting any instalment of the page 11pension, the convicting Court shall, by order, cancel the pension-certificate.
50.Pension-certificate to be cancelled on imprisonment for certain offences. If any pensioner is sentenced to imprisonment for twelve months or upwards in respect of any offence dishonouring him in the public estimation, the convicting Court shall, by order, cancel the pension-certificate.
51.When pension absolutely forfeited. In any case where any pension-certificate is cancelled by order of a Court the pension shall be deemed to be absolutely forfeited.
52.Notice of forfeiture to Deputy Registrar. In every case where any instalment is forfeited or any pension-certificate is cancelled by order of a Court, the Clerk of the Court shall forthwith notify the Deputy Registrar of such forfeiture or cancellation, and the Deputy Registrar shall record the same.

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