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A compendium of official documents relative to native affairs in the South Island, Volume One.

[No. 14.]

No. 14.

Order of Reference to Native Lands Court, Christchurch.

"Whereas, by 'The Native Lands Act, 1867,' it is among other things provided that all lands referred to in section 83 of 'The Native Lands Act, 1865,' shall, unless the Governor otherwise direct from time to time in respect of any such land, be excluded from the operation of the said 'Native Lands Act, 1865,' and of the first-mentioned Act, until the 31st day of December, 1868: Provided that every such agreement between the owners of any such-land, or persons interested therein, on the one part, and officers duly authorized to enter into the same on behalf of Her Majesty on the other part, may be referred by the Governor to the Court, and the Court shall thereupon investigate the title to and the interest in such land in the manner prescribed in the aforementioned Acts, and shall make such orders as it is by the said 83rd section of 'The Native Lands Act, 1865,' empowered to make: And whereas in the year 1848 a certain agreement was made between certain persons owning land in the Middle Island, of the one part, and duly authorized officers of the Government on the other part, purporting to extinguish the Native title to land comprised in the plan hereto annexed, save over such lands as were thereby stipulated should remain the property of such Native sellers:

"And whereas such reserved lands have never hitherto been effectually and completely defined, and there are doubts whether the said agreement has been absolutely effectuated in law by written instructions:

"And whereas it is expedient to determine all such questions, and finally to conclude the agreement for the purchase of the lands comprised in the said plan:

"Now, therefore, the said agreement is hereby referred, in accordance with the above-mentioned Acts, to the Native Lands Court.

"By command.
"John Hall,
"A Member of the Executive Council of the
"Colony of New Zealand."

"Christchurch,28th April, 1868."

Note.—This case was before the Court at its sittings in Christchurch in May, 1868, on three different occasions, and the Chief Judge, in closing the case on the 5th of May, after a lengthy and elaborate judgment, gave it in favour of the Crown: vide Proceedings of Native Land Court.—Alrxander Mackay, Commissioner.