90. |
For the purpose of ascertaining the amount of compensation to be paid to the Natives interested in any Native land, or to the Native owners of any land held or owned under title derived from the Crown,—
(1.) |
The Minister, in the case of a Government work, may at any time, and the local authority, in the case of a local work, shall, not later than six months after the date of the first gazetting of the Order in Council or Proclamation taking the land, cause application to be made to the Native Land Court to ascertain what amount of compensation ought to be paid to the owners of or other persons interested in such land, and who are the persons entitled to be paid such compensation; and, after hearing such evidence as may be produced before it, or may be thought necessary, such Court may make such order or orders as to it shall seem fit: |
(2.) |
Provided always that, if any person, whether a Native or European, shall have any estate of leasehold or other particular estate in, or any mortgage or charge upon, such land, the Native Land Court shall in and by the same
order or orders ascertain and determine what part of the whole compensation shall be paid to such person, and no Court constituted under Part III. of this Act shall have jurisdiction to entertain the claim of any such person for compensation; and every sitting of the said Court to be held for the purpose of dealing with such land shall be duly notified in the
Gazette and
Kahiti. |
(3.) |
The Native Land Court shall have all such authority and jurisdiction in respect of any such application as it would have in any matter within its ordinary jurisdiction, and, in addition thereto, shall have all the powers and authority of a Compensation Court under Part III. of this Act. |
(4.) |
The compensation ascertained by the Court to be payable to the owners or occupiers of the land taken, or other persons having particular estates, mortgages, or charges, shall be paid to them as soon as practicable after the making of the order of Court, and interest shall be payable on the sum awarded at a rate not exceeding five per centum per annum from one month after the date of such order. | |