New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

1888, No. 36. An Act to repeal "The Native Land Administration Act, 1886," and to make Provision in lieu thereof

1888, No. 36. An Act to repeal "The Native Land Administration Act, 1886," Title and to make Provision in lieu thereof.

30th August,1888.

Whereas it is desirable to amend the laws relating to NativePreamble lands:

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 Native Land Act, 1888."short title
2.	In this Act,— "Native" means an aboriginal native of New Zealand, interpretation and includes half-castes and their descendants. "Land" includes all land held by Natives under any title except under their customs or usages.
3.	"The Native Land Administration Act, 1886," is hereby Native Land Administration Act repealed. repealed: Provided that the renewal of a lease heretofore made on the faith of section twenty-seven of the said repealed Act shall be as effectual as if section two of the said repealed Act had not contained the following paragraph, namely, "Only sections thirty-two and thirty-three of this Act shall apply to land now the subject of a lease for an outstanding term during the continuance of such term."
4.	Subject to the provisions of "The Native Lands Frauds How Natives may alienate their land. Prevention Act, 1881," and of "The Native Lands Frauds Prevention Act 1881 Amendment Act, 1888," Natives may alienate and dispose of land or of any share or interest therein as they think fit.
5.	Existing restrictions on alienation may be removed or declared restrictions removed. void by the Governor in Council on the application of a majority in number of the Native owners, and instruments containing such restrictions shall thereafter be read and construed as if the words imposing or recommending restrictions had been omitted therefrom. Provided that nothing in this clause contained snail affect the validity or invalidity of any deed or document heretofore executed page 8or signed, or any matter or thing done prior to the passing of this Act.
6.	Alienated lands may be used for mining purposes. All lands which, from the date of passing of this Act, may hereafter become alienated from Natives in any existing mining district, or in any district which may hereafter be proclaimed a mining district, shall be liable to be resumed for mining purposes by Her Majesty, on paying full compensation to the licensee, lessee, or owner of the fee-simple thereof, for the value, other than auriferous or argentiferous, of the land and improvements so resumed, upon the terms and conditions provided in "The Mining Act, 1886," or any amendments thereof.
7.	Renewal of lease. The renewal of a lease made under section twenty-seven of the said repealed Act shall be as effectual as if to the said section twenty-seven there had been added the following words: "Provided that when any such owner is under any disability it shall he lawful for the trustee of such owner, and he is hereby empowered to grant any such renewal."
8.	Application of Act. This Act shall not apply to any lands under the management or subject to the control of the Public Trustee.