New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95
New Zealand. Analysis
New Zealand. Analysis.
Title.
1. | Short Title. |
2. | Interpretation. |
Allenation.
3. | Land within limits of town distriot or borough, and blocks not exceeding 500 acres, excepted from operation of section 117 of the Act. |
4. | The Governor, by Order in Council, may except lands from operation of section 117 of the Act. Proviso. Return showing all applications to be laid before Parliament. |
5. | Purchaser to mako declaration in form in First Sohedule. No alienation to be confirmed by Court in favour of person holding more than a certain acreage. Penalty for false declaration. |
6. | Dealings with holders of more than legal acreage void. |
7. | Restriction may be removed for purpose of lease without proof that lessor has other land. Orders in Council under "The Native Land Act, 1888," validated. |
8. | Seotions 3 to 7 not to apply in certain cases. |
9. | Sales by mortgagees to be by publio auction. Notice of intended sale to be given. Sales under statutory provisions excepted. |
10. | Sale of land for payment of survey charges. |
11. | Rights and remedies against land owned by Natives in respect of debts inourred prior to passing of the Act to remain effectual. |
12. | Title to land taken for railway construction may be completed. |
Confirmation of Alienations.
13. | Confirmation order conclusive evidence of compliance with the Act and with this Act. |
14. | Before confirming lease, Gourt to inquire as to nature of consideration. |
15. | Lease in excess of terra allowed by law to be valid pro tanto. |
16. | Powers of Trust Commissioners continued. |
Registration.
17. | Persons entitled to land under orders of the Court may be registered as proprietors under Land Transfer Act. |
18. | If land not previously under Land Transfer Act, certificate of title to be issued. |
19. | Orders under Tauranga District Lands Acts to confer right to registration. |
20. | Cancellation of grants on subdivision under section 90 of "The Native Land Act, 1873." |
21. | No warrant necessary for issue of Land Transfer certificate in lieu of Crown grant on orders of Native Land Court. Orders to be forwarded through Chief Judge. |
22. | Lessee paying survey charges, &c., on behalf of Native owner may deduct same from rent. |
23. | Certificate under section 67 of the Act may be registered. |
24. | Instrurment validated under Native Land (Validation of Titles) Act may be registered |
Exchange.
25. | No exchange of less than whole interest of Native in block. |
Construction of Act.
26. | Section 17 of the Act to be read subject to regulations. |
27. | Section 46 of the Act not to apply where testator has died before passing of the Act. |
28. | Section 62 of the Act amended. |
29. | Section 65 of the Act amended. |
30. | Section 67 of the Act amended. |
31. | Section 117 of the Act amended. Nothing therein to take away or restrict jurisdiction of Court. |
32. | Section 118 of the Act amended. |
33. | Right of testamentary disposition by Natives not taken away. No interest to pass by unwritten will. |
34. | No interest in land to pass by bankruptcy of Native owner. |
35. | Section 120 of the Act: Definition of "lessee." |
36. | Section 120 of the Act amended. |
37. | Second Schedule to Act: Heading amended. |
Procedure.
Appeal ana Appellate Court.
38. | Seal of Appellate Court. |
39. | Appeal may be withdrawn. |
40. | Appeal may be dismissed by Native Land Court for non-payment of deposit. Discretionary powers. |
41. | Appellate Court to have the like powers as Native Land Court in case of non-payment |
42. | Public Trustee may appeal from decision under section 50 of the Act. |
43. | Appellate Court: Provision for securing uniformity of decisions. |
44. | Time within which statement of grounds of appeal to be lodged. |
45. | Notice of appeal, time for giving. |
46. | Appellate Court rnay annul or vary decision. |
47. | No appeal in certain cases. |
Native Land Court.
Jurisdiction.
57. | In questions as between Natives, Native Land Court to be subject only to Appellate Court. |
58. | Appellate Court to have power of Supreme Court to grant relief. |
59. | Appellate Court to have supreme jurisdiction in questions between Natives relating to real or personal estate. |
60. | Jurisdiction of Court, how proved in Supreme Court. |
61. | Saving of proceedings peuding in Supreme Court. |
62. | Governor may by Order in Council empower Appellate Court to deal with application under section 39 of the Act. Application for relief under this section to be within three years from date of order complained of. Declaration under section 39 may be dispensed with. |
Roads and Survey.
63. | Sections 61 and 66 of the Act repealed. |
64. | No survey to be made without authority of Surveyor-General. |
65. | Land vested in Surveyor-General in satisfaction of survey charges to become Crown land. |
66. | Unsatisfied charging-orders may be exchanged for orders under section 65. |
67. | Interest on cost of surveys may be allowed by the Court. |
68. | Mortgagee entit1ed to repayment of fees paid by him for purpose of compieting security. |
69. | Repeal of part of sections 70, 71, and 72 of the Act. |
Misellaneous.
70. | Interest of lessee in land acquired by the Crown may be determined. Compensation to lessee, how to be ascertained. When part only taken lessee may require lease to be determined as to the whole of the land. |
71. | In case of dispute money belonging to Natives may be paid to Public Trustee. |
72. | Public Trustee to hold moneys subject to order of the Court. |
73. | "Native Land (Validation of Titles) Act Amendment Act, 1894," section 3, amended. |
74. | Section 6 of "The Native Land (Validatioa of Titles) Act Amendment Act, 1894," repealed |
75. | The Validation Court may remit fines payable in respect of stamp duties on deeds. |
76. | Clerk or Interpreter in Native Land Court may act as such in Validation Court. |
77. | When applications under section 118 treated as abandoned. |
78. | "Owhaoko and Kaimanawa-Oruamatua Re- investigation of Title Act, 1886," section 2, amended. |
79. | "Native Land (Validation of Titles) Act, 1892," confirmation of acts done under. |
80. | Maori Real Estate Management Acts, 1867 and 1888, amended. Estate of cestui gui trustent to vest without conveyance on attaining majority. |
81. | Time within which application to be made for probate or administration. 82, Rangipo-Waiu and Motukawa Nos. 1 and 2 Blocks. Certificate of title corrected and boundaries adjusted. Chief Judge empowered to amend in accordance with this Act. |
83. | Mortgages executed prior to passing of the Act may be renewed. |
84. | The Public Trustee may advance money to corporate body of Native owners to utilise lands of the corporation. Repayment of loans advanced by Public Trustee. |
Schedules. |