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

1894, No. 55. An Act to authorise the Setting-apart of a certain Tract of Land around and in the Vicinity of the Tongariro Mountain as a National Park

[i roto i te reo Māori]

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New Zealand. Analysis.

Title.
Preamble.
1.Short Title.
2.I On its cession by the Native owners, territory around Ruapehu and Tongariro to be proclaimed a national park.
3.Powers of administration by Governor.
4.Trustees of Tongariro Park.
5.Governor may make special regulations under this Act.
6.Cost of administration.
Schedule.

1894, No. 55. An Act to authorise the Setting-apart of a certain Tract of Land Title. around and in the Vicinity of the Tongariro Mountain as a National Park.

[23rd October, 1894.
Whereas, as set out in Parliamentary Paper G.-4, Session II.,Preamble. 1887, the late Te Heuheu Tukino, Chief of the Ngatituwharetoa Tribe, by deed of gift dated the twenty-third day of September, one thousand eight hundred and eighty-seven, ceded to Her Majesty the Queen portions, aggregating six thousand five hundred and eight acres, more or less, of the lands described in the Schedule hereto, for the purposes of a national park:

And whereas the residue of the lands so described is of no use or benefit to the Native owners thereof, and is being acquired from time to time by Her said Majesty, through the purchase of the shares or interests of such Native owners therein, with the view of carrying out the intention of the original gift:

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 Tongariro National ParkShort Title. Act, 1894."
2.The Governor in Council, by Proclamation in the Gazette, On its cession by the Native owners, territory around Ruapehu and Tongariro to ba proclaimed a national park may declare that the whole of the lands within the territory described in the Schedule hereto shall, on and after the date of such Proclamation, become and be vested in Her Majesty as a national park under this Act, to be known as "The Tongariro National Park"; and on and after the date aforesaid the Native title over the aforesaid territory shall be deemed to be extinguished.
In case there shall be at the aforesaid date any Native owners of the said territory whose shares oi interests therein have not been acquired by Her Majesty, the Governor, failing any agreement being page 2made as to compensation to be paid for the said shares or interests, may cause the amount of such compensation to be ascertained under any Act for the time being in force relating to the taking of Native lands for a public work, and the assessment of compensation for the same.
And for the purposes of the said sections, taking land under this Act shall be deemed to be taking land for a public work within the meaning of "The Public Works Act, 1882."
3.Powers of administration by Governor. The said park shall be under the control of the Governor, who may manage and administer all the lands therein as Crown
All persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereinafter provided, shall be considered trespassers and be removed therefrom.
4.Trustees of Tongariro Park. The Minister of Lands for the time being, the Surveyor-General, the Director of the Geological Survey, together with Te Heuheu Tukino the younger, the chief of the Ngatituwharetoa Tribe of aboriginal natives, and such other persons as the Governor shall appoint, are hereby constituted Trustees of the said park, and, for the purpose of the management thereof, are hereby invested with all the powers which the Governor is capable of delegating under "The Public Domains Act, 1881," to trustees of public domains for the management thereof.
(1.)The aforesaid Te Heuheu Tukino the younger shall hold office as a Trustee for life, and the other persons appointed i by the Governor for the term of five years, subject that they respectively may at any time resign such office.
On the death or resignation by the aforesaid Te Heuheu Tukino the younger or other nominated persons of their office of Trustee, or on the expiry of the term of office of such other nominated persons, their successors shall be appointed by the Governor, and such successors shall respectively hold office for five years only, when fresh nominations shall be made to the vacancies by the Governor.
Every successive nominated Trustee shall hold office for five years only, and may resign his office by letter to the Governor, who shall appoint his successor:
Provided that one of such successors shall, if possible, be a member of the Ngatituwharetoa Tribe.
(2.)The Minister of Lands shall be the Chairman of the Board, and preside at all their meetings; but in case of his absence at any meeting the members of the Board present may from time to time nominate any member of the Board to be the Chairman thereof for such meeting.
5.Governor may make special regulations under this Act. The Governor in Council may from time to time make, alter, or revoke any regulations which he may think necessary for the better administration of this Act and the management of the said park, and by such regulations may impose penalties for breaches thereof, not exceeding live pounds, and may prescribe such fees and tolls to be levied by the Board as he shall think necessary for the due administration of this Act.page 3
6.The cost of administration of this Act shall be defrayed outCost of administration. of the penalties, fees, and tolls arising under this Act, together with the moneys accruing to the Board from time to time under "The Public Domains Act, 1881," supplemented by such moneys as may from time to time be appropriated for the purpose by Parliament.

Schedule.Schedule.
Tongariro National Park.

All that territory in the Counties of East Taupo, West Taupo, and Wanganui, containing by admeasurement 62,300 acres, more or less, comprehended within a circle around Trig. H on Ruapehu having a radius of 4 miles from that point, together with the area comprehended within a circle having a radius of 3 miles from Trig. D on Ngauruhoe, together with so much of the area comprehended within a circle having a radius of 3 miles from a point on the line connecting Trigs. D and O (on Ngauruhoe and Te Mari) distant 2½ miles from D, as is not included in the circle around D; also that area 2 miles wide between the circles around H and D which is bisected by a line connecting those points: excepting out of the hereinbefore-described area the Ketetahi Reserve, containing by estimation 20 acres, more or less, as comprised in an order of the Native Land Court made at Tapuaeharuru, Taupo, on the 24th day of September, 1887.

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