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The Pamphlet Collection of Sir Robert Stout: Volume 67

Regarding Native Lands

Regarding Native Lands.

Arranging tribal boundaries

31. Immediately after taking charge of the District allotted to him, the Commissioner shall arrange with the Commissioners of the adjoining Districts for the laying off and defining of any Tribal boundary dividing their Districts, or which may be near to the boundary of such districts, as proclaimed by the Governor under this Act. Notice of the times when the respective boundaries of adjoining Districts will be arranged shall be published for at least one month before the convening of a meeting of the Tribes interested therein. On the day so fixed the tribes interested in the boundary which shall have been agreed on to be first dealt with, shall meet at the place named in the notice, which shall be as convenient to the boundary as circumstances will admit. The question shall be publicly discussed in the presence of the two Commissioners concerned therein. If the tribes disagree as to the boundary or boundaries, each Commissioner shall cause the tribes belonging to his District to select seven of the experienced and elder men of each such tribe who, with the two Commissioners, shall proceed, accompanied by the District Surveyors of each page 43 District, to personally inspect the disputed boundary on the ground. The District Surveyors shall note such portions of the boundary or division line which are mutually agreed on as being correct, and where such lino is disputed he shall note the position of the portion disputed. On completion of the inspection of the first boundary, the next shall be taken in the same order as published in the notice and dealt with in a similar manner to the first boundary, and so on until all the sides bounded by other districts shall have been so inspected and noted. The District Surveyors of the adjoining Districts, and of the District the boundaries of which are the subject of settlement, shall forthwith proceed to cut, define, mark, and accurately survey the boundary claimed by each of the parties; if more than two lines have been claimed at any of the places so disputed, then such other lines shall be similarly dealt with. On the completion of the survey maps of the the same the Commissioners concerned therein shall fix the day or days on which the claim of each of the parties shall be heard.
32. On the day so appointed for hearing, the two Commissioners

Hearing in cases of disputed boundary

concerned in the first portion of the boundary shall point out on the Survey Map to the tribes interested therein the position of the lines agreed on, and of those disputed, and shall give the disputants three days to endeavour to amicably arrange the questions at issue. During the adjournment, the Commissioners of the respective districts affected thereby shall in like manner deal with all the other portions of the boundary. On the day appointed, the Natives interested having assembled they shall be asked if they have come to any arrangement with respect to the matters in dispute. If a settlement has been arrived at by mutual consent the Commissioners shall give effect thereto, and shall make an order defining the boundary accordingly, which order, when so made, shall be irrevocable.

If any such disputed boundary cannot be fixed by mutual arrangements, a Court shall be formed consisting of the whole of the Commissioners then present, who, after taking all evidence brought before them, shall give such judgment as to them, or the majority of them, shall seem just and fair to all parties. If any case is very difficult to decide, the Commissioners may, if they think fit, during the course of the hearing or before the delivery of the judgment, but not afterwards, suggest a basis for a settlement of the matters in dispute, and may adjourn the case for such time as they may deem proper, to allow the Natives interested therein to consider their suggestions. On such suggestions being adopted, or any arrangement being made, or if the judgment of the Court shall be given, it shall make an order defining the boundary in accordance with such arrangement or judgment, which shall be signed by all the Commissioners present at the Court, which order, when so made shall be irrevocable. The District Surveyors shall forthwith proceed to survey the boundaries in accordance with such orders. On completion of the survey map, as hereinafter provided, the District Surveyors shall enter the whole of the boundaries on the District Reference Maps of their respective districts affected thereby, and on the working plans in their custody, and the Commissioners shall transmit to the Chief Commissioner accurate certified copies of such surveys for the purpose of defining the same and having them entered in the General Reference Map.

33. On the completion of the external tribal boundaries of any

The Governor may alter boundaries of districts in conformity with tribal boundaries

district, the Chief Commissioner may recommend that the limits of such district, as fixed by the first proclamation by the Governor, shall be altered and amended, by substituting in lieu thereof the tribal boundaries as ordered by the Commissioners' Court. The Governor may if he shall deem fit, by Order in Council, make such alterations and amendments. Notwithstanding such alterations and amend- page 44 ments in the boundaries of any district it shall not be necessary to liter the appointment, or reappoint the person holding the office of Commissioner therein.

Commissioner to compile lists of all persons in each hapu

34. On completion of the external boundaries of his district, the Commissioner shall with all convenient speed proceed to form a list showing the names of all the persons residing therein (men, women, and children), and the divisions thereof into tribes, hapus, and families within hapus. And shall make himself acquainted with the settlements occupied by each tribe, and of each hapu of a tribe, and shall make a preliminary inspection of the boundaries claimed by each.

Commissioner to arrange boundaries between tribes occupying his district

35. The Commissioner having thus obtained sufficient information for his guidance, shall forthwith make and publish a notice fixing days (not less than one month from the date of such notice), sotting forth the times and places where the meetings of the several tribes within his district shall be held, commencing on one side of the district and extending to the boundary opposite thereto. On the tribes interested in any internal sub-division of a district meeting at the place appointed by such notice, the Commissioner shall proceed in like manner as is set forth in sections 31 and 32 respecting external tribal boundaries. In cases of dispute necessitating a hearing, the Commissioner of the district shall sit alone in open Court and take evidence and give judgment therein. Provided that in any very difficult question he may adjourn the meeting thereof, and request the Chief Commissioner to appoint two other Commissioners to sit with him and adjudicate thereon. On delivery of their judgment, the Commissioners shall make an order defining such tribal boundary, which order shall be irrevocable. On completion of the necessary surveys a Certificate of Title shall then be issued to such tribe by name, which shall be registered in manner hereinbefore provided. The same procedure shall be adopted in the cases of all the tribes residing within the district, until the whole of the boundaries have been arranged.

Commissioner to fix hapu boundaries

36. Having finally completed all the tribal boundaries within his district, the Commissioner shall in like manner proceed to deal with the lands of the several hapus of the tribes residing therein. These subdivisions shall be dealt with as hereinbefore prescribed by sections 31, 32, and 35 hereof.

Certificates of title to be issued to hapus

37. After hearing and determining the questions relating to the boundaries of the lands held by the several hapus within his District, the Commissioner shall next cancel the Certificates of Title which had been made for the several tribes within the District, and on completion of the survey of the lands allotted to each hapu, as hereinafter! provided, he shall issue a Certificate of Title for the lands held by each of such hapus. In every such certificate shall be set forth the name of the hapu, and the names of all the persons composing it, grouped in their respective families. Such Certificate shall be registered in the manner hereinbefore provided, and a copy thereof shall be transmitted to the Chief Commissioner for entry in the General Register of Titles only, but no Crown Grant shall be prepared or issued in respect of such Certificate.

Hapu lands to be divided into "reserved lands," and "disposable lands"

38. After the granting of the several Certificates to the hapus within the district, the Commissioner shall next proceed with the District Surveyor to the settlements of each hapu, and with the consent of the whole, or a majority of the adult members thereof, shall divide the lands of such hapu into two classes: One to be styled "Reserved Lands," which term includes all lands to be set apart for the permanent use, maintenance, and benefit of the people of such hapu; the second class to be styled "Disposable Lands," which term includes all the lands which it is considered to be desirable to alienate by sale page 45 or lease. On these being finally arranged, the District Surveyor shall forthwith survey the several parcels, and on proper maps thereof being completed, copies thereof shall be drawn on the Working Plan, District Reference Map, and the General Reference Map.
39. On completion of the survey as aforesaid of the lands so

Certificates of Title to be issued for hapu reserved lands when surveyed

reserved for any hapu, the Commissioner shall next proceed to prepare and issue Certificates of Title for the several parcels of land so set aside, which Certificates shall have written within them the names of the hapu, and the names of all the persons composing it, grouped in their respective families; and such Certificate shall contain a proviso that the whole of the lands comprised therein shall be inalienable by sale, lease, or otherwise. Such Certificate shall be registered in the District Register of Title, and a copy thereof shall be transmitted to the Chief Commissioner, who shall prepare a Crown Grant, containing all the names appearing in the Certificate and in the same order of families, for the signature of the Governor; such grant shall contain a proviso making the land the subject thereof inalienable by sale, lease, or otherwise.
40. The boundaries of the parcel or parcels of lands to be

Certificates of Title to issue for disposable lands

available for sale or lease having been surveyed, the Commissioner shall ascertain whether the adult members of the hapu desire to have I any subdivisions made thereof, or whether they prefer one certificate for the whole in an undivided block, or for each block. Certificates of Title may then be made for each block or blocks as so arranged. If a partition is required, the Commissioner, with the District Surveyor and the owners, shall go on to the land and arrange the position and boundaries of each parcel which is to be partitioned and when such partition is effected, then a Certificate of Title shall be made for each of the several parcels so partitioned. If there is no application to the contrary, the whole of the names of the persons comprising the hapu shall be entered in the certificate in manner hereinbefore provided, or if an application is made to the Commissioner to insert the names of certain persons only in any of the certificates for such parcels in accordance with any arrangement arrived at between the owners, and if he shall be satisfied that the arrangement is fair to all the parties interested he shall give effect thereto, and issue the certificate accordingly. Such certificates shall bear on the face of them a proviso that the lands the subject of such certificates are alienable by sale and lease only, and are not disposable in any manner other than that which is hereinafter provided. At the time of making any Certificate of Title for any Disposable Land, the Commissioner shall ascertain if any of the owners are minors, or under other disability, in which case two Trustees shall be forthwith appointed for each case, the names of whom shall be entered in the District Register of Title.
41. In any case where the owners named in the Certificate of

Trustees to be appointed

Title to be made for any parcel of "Disposable Land" shall exceed seven in number, the Commissioner, at a meeting to be specially convened for that purpose, shall call on the owners (male and female) then present to nominate seven adult male owners from among those to whom any parcel of land has been allotted to act as Trustees in respect of the land comprised in such certificate. If the number nominated shall not exceed seven, the Commissioner shall then declare the persons so nominated to be duly elected. If the number nominated shall exceed seven, the Commissioner shall then publicly fix a day for taking a Poll of the adult owners and of one of the persons in each case who have been appointed to be Trustees for any person under disability. The Commissioner shall preside at the Poll, which shall be open from the hour of 9 a.m. to 5 p.m. The polling shall be by ballot, and the Commissioner shall declare the seven persons having the largest number of votes respectively to be duly elected. No female, or any person who page 46 has been convicted of any infamous crime shall be eligible for elections as a Trustee, or any person who is infirm, imbecile, or of unsound mind No minor shall vote at any election or be eligible for the office of Trustee.

After election of Trustees Certificate of Title to be issued

42. After such Trustees shall have been elected the Commissioner shall issue Certificates of Title for such disposable lands, in accordance with the arrangements made, as provided in section 40 hereof, and in I addition to the proviso therein contained, which is to be inserted in the certificate in respect of alienability, there shall be entered therein that the land comprised in such certificate is to be held in Trust by the Trustees (naming them) for themselves and the persons who have been found entitled and named in the certificate, under the arrangements provided in the said section 40, with the power to dispose of the same by absolute sale or by lease only, and to execute conveyances and leases of the same, subject to the provisions hereinafter contained respecting the sale and lease of disposable lands.

Such Certificates when completed shall be entered on record in the District Register of Titles, and a copy thereof shall be transmitted to the Chief Commissioner, who shall prepare a Crown Grant for the Governor's signature, on which shall be shown the names of all the owners of the parcel of land the subject of such Grant, as set forth in the Certificate, together with the Trust thereby created and the names of the Trustees who have been elected, also the other provisions as enacted by section 40 hereof.

Election of fresh Trustee on vacancy occurring

43. In case of a vacancy arising through the resignation or death of any Trustee, the Commissioner shall convene a meeting of the owners of the lands affected thereby, and shall cause a Successor to be elected in the manner hereinbefore provided in section 41 hereof.

Powers of Trustees

44. The Trustees so appointed shall have all the powers and the same rights and liabilities as are now conferred by law on Trustees of Estates, excepting as hereinafter provided, and that all moneys payable under any sale or lease of land shall be paid to the Commissioner in the first instance, and be by him lodged to the credit of a public account to be styled the "Native Land Fund Account," such money to be drawn by cheque only, as it may from time to time be required, as hereinafter provided.

Persons may arrange with the Trustees for the purchase or lease of disposable land

45. If any person desires to purchase or lease any lands vested in such Trustees, he may enter into arrangements with them for the sale or lease thereof. But it shall not be lawful for any Trustee to enter into any arrangement for the mortgage of any disposable land, or for any person to pay any sum of money by way of mortgage on any land held by such Trustees, and any money so paid shall be forfeited to the person to whom it may have been advanced or paid, and shall not be recoverable back by the person paying the same. The Trustees shall therupon convene a meeting of the adult owners of the land the subject of such negotiations, and shall ascertain if the whole of them assent to the proposed sale or lease. They shall then signify their assent by signing a document in the form A in Schedule 2 hereunto annexed, which document shall have two columns in it for signatures, one for the names of the assenting, and the other for those of the dissenting parties.

The Trustees may thereupon request the District Surveyor to survey the land the subject of such negotiation, and on their exhibiting to him the document of assent, he may proceed to make a survey of the same. If there are any dissentients to any such proposed sale or lease, they shall sign their names in the column set apart for that purpose, and no survey of such land shall be made until the matter has been referred to the Commissioner for his decision thereon. The Commissioner shall forthwith convene a meeting of both the assenters and dissenters; and he may partition an area equivalent to the shares or interests of the dissenters to the sale or lease for them, and an ares page 47 equal to the shares or interests of the assenters, from within the block vested in the Trustees, and shall issue new Certificates for each of such parcels, copies of which shall he entered in the District Register of Title and forwarded to the Chief Commissioner. The Trustees may then proceed with their negotiations and the survey of the parcel of land to be sold or leased; and the dissenters may likewise cause a survey to be made of the parcel of land allotted to them.

46. For the purposes of this Act, unless a special partition shall

Interests to be deemed to be equal, unless contrary proved

have been made thereof, with the assent of the family to which an owner belongs, there shall be no assumption of individual rights or ownership to land, and the right, shares, and interests of each family composing a hapu shall be deemed to be equal, unless valid reason to the contrary shall be shown to the satisfaction of the Commissioner, who may then sit in Court to ascertain, define, and determine the extent of such larger right, share, and interest. All minors or persons under disability shall be represented in Court by their Trustees.
47. When the survey has been made of any parcel of land which

Execution of a conveyance by Trustees

has been so arranged to be sold, the Trustees and the purchaser shall appear before the Commissioner, and they shall duly execute the conveyance in his presence. The purchaser shall then pay over to the Commissioner the full price set forth in the conveyance as the consideration for the land, and the Commissioner shall then direct the purchaser to pay all duties leviable under "The Stamp Act, 1882, Amendment Act, 1885." On the return of the conveyance to the Commissioner, duly stamped, that officer shall then certify that the transaction was just and fair, and the deed was duly executed in his persence, to which he shall sign his name and affix his seal of office. A copy of the conveyance shall then be inscribed in the District Register of Title and the General Register of Titles. Any conveyance so executed and registered shall be entitled to registration in any Deeds Registry Office, and if the purchaser or his heirs or assigns shall so desire, a Land Transfer Certificate may be granted therefor
48. A lease of any parcel of land which has been so arranged for

Execution of a lease

shall be executed in the same manner as provided for the execution of conveyances in the next previous section, and shall be stamped and registered in like manner as therein provided for conveyances in fee simple. When completed the lease shall be given to the lessee, and the duplicate thereof shall be held by the Trustees. The rents, as they from time to time become duo, shall be payable to the Commissioner, and his receipt to the lessee for such payment shall be a full discharge and acquittance of all demands in that behalf.