New Zealand. Analysis.
Title | |
Preamble. | |
1. | Short Title. |
2. | Interpretation. |
3. | Court to ascertain what compensation payable for excess area acquired in Pahiatua Block. May make order. Decision final. |
4. | Certain sections in Wairoa Survey District vested in Public Trustee. Court to determine who are beneficiaries. Certain other claims of beneficiaries then determined. |
5. | Rehearing as to Tunapahore Block authorised. |
6. | Restrictions on alienation of Kohoao Block not to preclude leasing same. |
7. | Judgments under "The Poututu Jurisdiction Act, 1889," final. Proviso. |
8. | Court may partition Okauia No. 2 Block. |
9. | Certain mortgage over Te Wahitapu and Te Kapo Blocks discharged. |
10. | Court may revise division orders of Rangatira Blocks. |
11. | Order as to Parangarahu Block amended. |
12. | Appellate Court may hear appeal as to ownership of Ruatangata Blook. |
13. | Issue of new certificate for Hikutaia No. l E Block. |
1895, No. 54. An Act to determine certain Claims and Disputes, and to fulfil certain Contracts and Promises made by or on behalf of the Government, in relation to Native Lands. Title.
[
1st November, 1895.
Whereas
it is expedient to determine certain doubts, claims, andPreamble.
disputes, and to give effect to promises or undertakings heretofore made to, or enteredin to with, Natives, in relation to lands situated in the North Island:Be it therefore enacted
by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—1. | Short Title. The Short Title of this Act is "The Native Land Claims Adjustment Act, 1895." | ||||||||
2. |
Interpretation. In this Act, if not inconsistent with the context,—
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4. |
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5. | Rehearing as to Tunapahore Block authorised. An application for a rehearing of the original investigation of title by the Court of the Tunapahore Block, situate in the Bay of Plenty District, alleged to have been dismissed in the unavoidable absence of the parties thereto, or some of them, is hereby declared to be still subsisting and undisposed-of, and the Chief Judge is hereby authorised and directed to dispose of the same under the provisions of section ninety-four of the Act. | ||||||||
6. | |||||||||
7. |
Judgments under "The Poututu Jurisdiction Act, 1889," final. The judgments under "The Poututu Jurisdiction Act, 1889," delivered by the Native Land Court presided over by George Elliott Barton, Esquire, shall, subject to any judgment by the Supreme Court at Gisborne since delivered in reference thereto, be and be deemed to be final and conclusive to all intents and purposes between the parties concerned:Proviso. Provided always that the application now pending in the Supreme Court for a mandamus to compel certain Judges and Assessors of the Native Land Court to proceed with a rehearing of the matter of certain of the decisions given by the said Court presided over by the said George Elliott Barton, Esquire, as Judge, under the said Act, shall not be prejudicially affected by the provisions of this section; and, if such mandamus is granted, then the Native Land Court shall have as full jurisdiction to proceed with such rehearing and do all things necessary in order to obey such mandamus as if this section had not been passed: | ||||||||
8. | Court may partition Okauia No. 2 Block. The subdivision by the Court of the Okauia Number Two Block, and the orders and certificates of title issued in pursuance thereof, and each and every of them, are hereby annulled, and for the purpose of rectifying omissions in the said orders and certificates the Court is hereby empowered and directed to proceed with the partition of the said block under the provisions of the Act as if no subdivision had been previously made. | ||||||||
9. |
Certain mortgage over Te Wahitapu and Te Kapo Blocks discharged. In order to carry out the recommendation or the Public Petitions Committee of the House of Representatives on the petition of Mary Tautari (No. 442 of 1894) relating to a certain mortgage by Hemi Tautari to the Honourable Julius Vogel as Colonial Treasurer, dated the twenty-fifth day of October, one thousand eight hundred and seventy-two, in respect of Te Wahitapu and Te Kapo Blocks, registered in the Deeds Registry of the Auckland Registration District as Number 611c, and in the Land Transfer Registry of the same district as Number 131, the following provisions shall apply:—
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10. |
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11. | Order as to Parangarahu Block amended. The order of the Court, dated the fifth day of September, one thousand eight hundred and sixty-seven, in respect of the Parangarahu Block, being an order for the issue of a certificate of title under "The Native Lands Act, 1865," in the names of Henare te Puni and Ngapaki te Puni as trustees for the Ngatitawhirikura branch of the Ngatiawa Tribe, shall be read as if the words "if within six months Henare te Puni shall furnish a proper survey thereof" had been omitted therefrom. | ||||||||
12. | Appellate Court may hear appeal as to ownership of Ruatangata Block. In order to carry out the recommendation of the Native Affairs Committee upon the petition of Te Wunu te Ahuru and others, complaining of the decision of the Court sitting at Turakina in the month of December, one thousand eight hundred and eighty-eight, whereby, as is alleged, persons entitled neither according to Native custom and usage nor in equity were admitted to ownership in the Ruatangata Block, in consequence of the terms of the Crown grant, whereby the said land was granted to Aperahama Tipae in trust as therein mentioned, the following provisions shall apply:— | ||||||||
13. | Issue of new certificate for Hikutaia No. 1e Blook. The District Land Registrar of the Land Registration District of Auckland is hereby empowered and directed to cancel the Land Transfer certificate of title issued in the name of George Simpson for the Hikutaia No. 1e Block, and to issue a new certificate of title for the same in the name of the said George Simpson free from restrictions. |