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

Part VI. — Survey

Part VI.
Survey.

61.	Judge may authorise survey of land. Any Judge may in any proceeding before him authorise any surveyor or other person to enter upon any land for the purpose of making any survey which may appear to such Judge expedient or necessary to be made.
62.	Surveyor-General may authorise survey of Native land. The Surveyor-General may, with the approval of the Minister, authorise any surveyor or other person to enter upon any Native land to make any survey, and no person shall, except as provided in the preceding section, enter upon Native land to make any survey thereof without such authority.
63.	Surveyor may enter on any land or Native land. Every surveyor or other person authorised under either of the last-preceding sections, and such persons as he may employ in or about any survey in respect of which such authority was given, may enter upon any land or Native land which such surveyor may consider should be entered upon, and may do all things necessary to be done to enable him to effectually carry out the survey in respect of which such authority was given.
64.	Penalty for obstructing surveyor. Any person obstructing or threatening to obstruct any surveyor or other person acting under any authority issued under this Act (such authority having been produced to any person threatening or engaged in such obstruction) shall be liable to a penalty not exceeding twenty-five pounds, or to imprisonment for any term not exceeding one month.
65.	Mode of securing payment of survey fees. The Court may charge by way of mortgage, on such terms as may seem just, any land or parcel of land to secure the payment of an amount to be certified by the Surveyor-General or Gommissioner of Crown Lands for the district in which the land so surveyed is located as being the reasonable cost or portion of the cost of any survey thereof, whether heretofore made or in course of progress at the time of the passing of this Act, to such person as the Court may consider entitled to such payment, or may (subject to the approval of the Minister), in lieu of such mortgage, vest a defined portion of or interest in any such land in any such person in fee-simple in satisfaction and discharge of such cost of survey: Provided that no sale under any such mortgage shall be made until the expiration of six months after written notice, signed by or on behalf of the person claiming to exercise the power of sale, and specifying the land intended to be sold and the sum intended to be realised, shall have been lodged in the office of the Minister at Wellington. The Minister may, out of any moneys available for the purchase of Native lands, pay the amount claimed under any such mortgage, page 17or such other amounts which the Surveyor-General shall certify as being a fair value for the same, and take an assignment thereof in the name of the Surveyor-General. Every suoh mortgage shall have the effeot of a mortgage under the Land Transfer Act, and every alienation of land under any such mortgage shall be suhject to the general statutory provisions for the time being affecting the acquisition of land from Natives, excepting as to the mode of execution of any deed effecting such alienation. A. sale under any mortgage as aforesaid shall be a complete satisfaction of all claims in respect of the survey in payment whereof such charge was ereated.
66.	Interest on cost of surveys. Wherever any land is charged by way of mortgage to secure payment of the cost or portion of the cost of any purvey made prior to the passing of this Act, the Court may include in such cost such sum by way of interest as to the Court shall seem fair and reasonable; but such sum shall in no case exceed five per centum per annum, computed from one year from the date of the order of the Court granting such survey lien, and in no case shall interest be allowed for more than five years.
67.	Survey fees may be protected. If it shall be made to appear to the satisfaction of the Court that moneys are due to the Surveyor-General or to any surveyor for or on account of the survey of any land, or that moneys are due to the Court on account of fees, whether such moneys respectively became due before or after the coming into operation of this Act, the Court may give its certificate accordingly; and such certificate shall be forwarded by the Registrar of the Court to the District Land Registrar, and shall have the effect of the lodging of a caveat against any dealing with the land the subject of such certificate until such moneys are paid and satisfied, or until such caveat shall by order of the Court be removed: Provided that no certificate shall be given in respect of moneys alleged to be due to a surveyor unless the chief surveyor of the district shall eertify to the Court that the survey.in respect whereof such claim is made was duly authorised and has been properly performed, and that the charge is according to authorised scale, or is otherwise fair and reasonable.
68.	Survey charges may be paid into Public Trust Office. The payment by any person into the office of the Public Trustee of a sum of money protected or seeured by a charge or mortgage to the account of the Native Land Court in the matter of the block named, and, ex parte, the person who originally obtained the charge or mortgage, shall be a discharge of such charge or mortgage. The money so paid to the Public Trustee shall be held in trust for and paid to such person as the Native Land Court shall determine to be entitled to the same.