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

1889, No. 4.—Local. An Act to provide for the Issue of a Certificate of Title to Orimakatea to certain Natives as a Reward for Military Services

[i roto i te reo Māori]

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New Zealand. Analysis.

Title.
Preamble.
1.Short Title.
2.The recited grant declared void.
3.Native Land Court to determine who are the Natives entitled.
4.Governor to direct District Land Registrar to issue certificate of title.
5.Validation of lease.
6.Distribution of rent.

1889, No. 4.—Local. An Act to provide for the Issue of a Certificate of Title to Orimakatea Title. to certain Natives as a Reward for Military Services.

[16th September, 1889.]
Whereas in or about the year one thousand eight hundred andPreamble. sixty-six a promise was made by the Government to grant the piece of land known as Orimakatea, containing two hundred and nine acres, more or less, and being section one hundred and forty-five of block six in the Wairoa Survey District (hereinafter called "the said land"), to certain Natives as a reward for military services: And whereas, by a Crown grant dated the fifteenth day of April, one thousand eight hundred and eighty-two, the said land was granted in error to five of such Natives absolutely, to the exclusion of all the other Natives to whom the said promise was made: And whereas it is just and expedient that the said promise made in the year one thousand eight hundred and sixty-six should be duly fulfilled:

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 Orimakatea Title EmpoweringShort Title. Act, 1889."
2.The said Crown grant of the fifteenth day of April, one thousandThe recited grant declared void. eight hundred and eighty-two, is hereby declared to be and is hereby annulled and made void, and shall be cancelled and destroyed.
3.It shall be the duty of the Native Land Court to inquire intoNative Land Court to determine who are the Natives entitled. and determine who are the Natives to whom the said promise was made, and who as such, or as the representative of any who are dead, are entitled to a share of the said land called Orimakatea.

The said Court shall make an order setting forth all the names of the Natives whom they may determine entitled as aforesaid, and such order shall be final and conclusive.

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The case shall be deemed and treated as one within the jurisdiction of the Native Land Court, which shall have all the powers to hear and determine as are vested in the said Court in its ordinary jurisdiction.

4.Governor to direct District Land Registrar to issue certificate of title. It shall be lawful for the Governor, by warrant under his hand, to direct the District Land Registrar of the Wellington District to issue a certificate of title for the said piece of land called Orimakatea, hereinbefore mentioned or described, to the several persons whose names shall be set forth in the said order of Court to be so made as aforesaid, and the said land shall be held by them as tenants in common.
5.Validation of lease. Nothing herein contained shall invalidate the existing lease of the said land granted by the Public Trustee under the provisions of "The West Coast Settlement Reserves Act, 1881," and Acts amending the same.
6.Distribution of rent. Any rent received and receivable at and after the passing of this Act shall be retained by the Public Trustee, and paid to the Natives found to be entitled as aforesaid, whose receipt shall be a sufficient discharge therefor.