Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

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

Part III. — Jurisdiction

Part III.
Jurisdiction.

131.The Native owner or owners of any land may alienate the Conditions under which Native owners may alienate lands. same in the manner and subject to the conditions following, that is to say:—
(1.)The owner of any land, or a majority of the owners thereof, or a majority of the members of any Committee representing the incorporated owners thereof, and duly appointed under Part II. of Division II. of this Act, may apply to the Land Board for the Land District within which such land is situated to dispose of the same under the laws for the time being regulating the disposal of Crown lands.
(2.)Every such application shall forthwith, on the receipt thereof, be referred by the Land Board to the Governor, who, if he shall be satisfied that the owners have sufficient other land left for their maintenance, may, by Order in Council, subject to such conditions (if any) as he may think fit to impose, consent to the disposal of any such land as aforesaid.
(3.)On any such Order in Council being published in the New Zealand Gazette, the Land Board may proceed to dispose page 30of such land, or any part or parts thereof, in accordance with the laws in force for the time being regalating the disposal of Crown lands, and in the same manner as if such lands were lands of the Crown, but subject to such conditions (if any) as the Governor in Council may have imposed as aforesaid.
(4.)The certificate, Crown grant, or other instrument of title, under which land the subject-matter of any such application as aforesaid is held by the Native owners, shall be lodged with the District Land Registrar of the district before the Land Board shall proceed to dispose of such land, and on the gazetting of such Order in Council as aforesaid the legal estate in the land described in such Order in Council shall vest in the Crown.
(5.)The Governor may, for the purposes aforesaid, direct the Court to make any such inquiry and report as may be necessary. If the Governor shall refuse his consent, the certificate, Crown grant, or other instrument of title shall be returned to the persons entitled.
132.Power to expend moneys for purchase of Native lands. The Colonial Treasurer may from time to time expend such sum or sums of money, out of any moneys for the time being available for the purchase of Native lands, as he may consider necessary for the purpose of surveying any lands to be disposed of under the last-preceding section, or for the purpose of laying off, constructing, or maintaining any road or means of access throngh or to the same, or for executing any works for the purpose of rendering such lands available for settlement, or of advertising or conducting any sale or other disposition thereof, or for any other purpose incidental to the disposal of the said lands.
133.Moneys reeeived by Land Board, how to be applied. All moneys reoeived by a Land Board in respect of the disposal of any land under this Part of this Act shall be applied as follows:—
(a.)In the repayment of any moneys expended unaer the last-preceding section.

Such repayment may be made out of the first moneys so received, or by instalments, payable within seven years, out of moneys due or to accrue in respect of any disposal as aforesaid.

(b.)Subject to such repayment, the moneys so received by any Land Board as aforesaid shall be paid to the Public Trustee who shall hold the same in trust for the owners of the said land, to be paid to them in proportion to their relative shares and interests therein, without any deduction or charge whatsoever.
134.Sales by auction. All land disposed of by sale under this Part of the Act by the Land. Board shall be disposed of by auction.