.jpg)
New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95
1889, No. 30. An Act to suspend the Operation of "The West Coast Settlement Reserves Acts Amendment Act, 1887," and for other Purposes
1889, No. 30. An Act to suspend the Operation of "The West Coast Settlement Title. Reserves Acts Amendment Act, 1887," and for other Purposes.
[16th September, 1889.]
Whereas it is alleged that in pursuance of "The West CoastPreamble. Settlement Reserves Act, 1887," certain awards, have been made authorising certain lessees to obtain leases under "The West Coast Settlement Reserves Act, 1881," "The West Coast Settlement Reserves Act 1881 Amendment Act, 1884," and "The West Coast Settlement Reserves Acts Amendment Act, 1887 "(hereinafter called "the said Acts "): And whereas Natives claiming to be entitled to the reserves mentioned in the said Acts have commenced actions against certain lessees and the Public Trustee to set aside the said awards, and claiming an injunction to prevent the Public Trustee granting any fresh leases of the said reserves: And whereas it is desirable that the said actions should be stayed, and that the Public Trustee should be prohibited from granting any fresh leases of the said reserves until the same can be further dealt with by Parliament:
Be it therefore 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 West Coast SettlementShort Title. Reserves Acts Amendment Act 1887 Suspension Act, 1889." |
| 2. | Until the termination of the next-ensuing session of theSuspension of actions, &c. General Assembly, no person shall bring or commence any action, suit, or other proceeding for the purpose of setting aside or testing the validity of any lease granted by the Public Trustee before the passing of this Act, or for the enforcement or setting-aside of any of the said awards, or for restraining the carrying-out of the same, or for the purpose of testing the validity of the said awards.page 24 |
| 3. | Pending actions, &c, suspended. All actions, suits, and other proceedings now pending for the enforcement of or setting-aside of or for restraining the carrying into effect of awards are hereby suspended until three months after the end of the next-ensuing session of the General Assembly, and the interval of time to elapse between the passing of this Act and the end of such three months shall not be reckoned in computing any period of time within which by the provisions of "The Supreme Court Act, 1882," or rules made thereunder, any act is to be done or any proceeding taken; and between the passing of this Act and the end of such session no party to any such act, suit, or other proceeding shall take any step or do any act in the course thereof. |
| 4. | Leases not to be granted by Public Trustee. Until three months after the end of the next-ensuing session of the General Assembly, the Public Trustee shall not carry out any award or execute any lease under any of the powers and authorities conferred by the said Acts, nor shall the Public Trustee accept the surrender of any lease, nor shall any proceedings for arbitration or valuation under the said Acts be commenced: Provided always that if at the time of the passing of this Act proceedings before arbitrators for settling the terms on which on the surrender of confirmed leases new leases shall be granted have been taken, but are in an incomplete state, such proceedings shall be suspended, and no award or valuation made therein. |
| 5. | Lessees, &c., protected. All persons who now are in possession of or now are the lessees or tenants under confirmed leases or awards of any land affected by the said Acts may remain and continue in such possession or as such tenants or lessees until three months after the termination of the next session of the General Assembly, notwithstanding that the right to possession, tenancy, or lease shall have expired by effluxion of time before the passing of this Act, or shall determine by effluxion of time before such period of three months shall have expired, at the rent and upon the terms and conditions as are contained in the said confirmed leases. |
| 6. | Rights of all persons claiming under leases protected. The rights of all persons interested under or in respect of leases granted or confirmed under the said Acts, and the land comprised therein, shall not be prejudicially or otherwise affected by the provisions of this Act, except as therein provided, but such rights shall exist and be in force at the termination of the said three months in like manner in all respects as they existed at the passing of this Act; and this Act shall be and continue in force until the end of the said three months and no longer. |