West Coast Settlement Reserves Act Amendment.
|3.||Definition of "Improvements" and "Cultivation."|
|4.||Special provisions for leasing reserves to Natives.|
|5.||Surrender of lease for purpose of subdivisional leases.|
|6.||Regulations made declared valid.|
|7.||Definite settlement of shares of land.|
|8.||Lease conclusive evidence of its validity.|
|9.||Faults or informalities in good faith not to invalidate lease.|
|10.||Meetings informally convened not to be invalid.|
|11.||Public Trustee's acts in good faith not to be questioned.|
A Bill Intituled An Act to amend "The West Coast Settlement Reserves Act, Title. 1892."
Be It 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 West Coast Settlement Short Title. Reserves Act Amendment Act, 1893."|
|2.||In this Act, if not inconsistent with the context, "the said Interpretation. Act" means the West Coast Settlement Reserves Act, 1892," and includes the Schedule thereto and this Act.|
The following definitions in section two of the said Act, Definition of "Improvements" and "Cultivation." shall, for the purposes of the said Act, from and after the coming into operation of "The Land Act, 1892," be deemed to have had the following meanings, that is to say:—
"Improvements" and "substantial improvements" in the said Act to have the same meaning as "substantial improvements of a permanent character" in "The Land Act, 1892:"
"The Land Act, 1885," to have meant "The Land Act, 1892," and all amendments of that Act, and any Act passed in substitution of that Act:
The terms "cultivate" and "cultivation" respectively, in the said Act, shall, as from the coming into operation of "The Land Act, 1892," have the meanings given to those expressions by that Act.page 2
|4.|| Special provisions for leasing reserves to Natives. Notwithstanding any of the provisions of the said Act as to the leasing of land by tender or otherwise, the Public Trustee may, in his absolute discretion,—
When, as to any lease (other than a lease made under an Surrender of lease for purpose of subdivisional leases. award) heretofore or hereafter made by the Public Trustee under the said Act, or the Acts repealed thereby, the land demised is when this Act comes into operation or shall thereafter become as to different portions thereof vested in several persons for the whole term, or when two or more persons shall hold for the whole term the land comprised in one or more leases, and the whole of such persons desire to surrender and take separate leases of separate portions of the land leased, and agree as to the apportionment of the rent and the covenants, conditions, provisions, and agreements to be contained in such separate leases, and the Public Trustee agrees to accept such surrenders and to grant separate leases of such separate portions at the apportioned rents, covenants, conditions, provisions, and agreements, then the Public Trustee may accept such surrenders and grant such separate leases accordingly; or, when any person owning the whole of the land comprised in a lease for the whole term subdivides the leased land, desires to obtain separate leases for the subdivisions, then the Public Trustee may accept a surrender, and grant separate leases for each subdivision to such person, or to an approved nominee, and may apportion the rent, covenants, conditions, and provisions reserved and contained in the surrendered lease to and amongst the separate leases, in such manner as the Public Trustee thinks just:
Provided that all costs, charges, and expenses in and about the preparation of such surrenders and leases, and the execution, stamping and registration thereof, shall be borne and paid by the persons desiring such surrenders and separate leases.
|6.||Regulations heretofore made, purporting to be made by the Regulations made declared valid. Governor, or the Public Trustee, under the said Act are hereby declared to have been from the making thereof valid. All acts, matters, and things heretofore done or omitted by the Public Trustee, or by any person acting under his authority express or implied, under the authority or presumed authority of the said Act are hereby confirmed.page 4|
Definite settlement of shares of land. It is declared by way of affirmance that, as from the respective times when the shares of grantees or beneficiaries of any lands were determined and settled as provided by the fifteenth section of "The West Coast Settlement Reserves Act 1881 Amendment Act, 1884," such grantees or beneficiaries, or their successors upon death, were for all purposes, whether under the said Act or the Acts repealed thereby, and shall be and be deemed to have been, entitled to the shares as so determined and settled; and such determination and settlement shall be deemed to have been final and conclusive, and no order of the Native Land Court or a Judge thereof, made after such determination and settlement, which varies or attempts to vary such shares, and no order of partition or subdivision or any order which defines relative shares or interests or affects the determination and settlement so made as aforesaid, shall be deemed to have had or to have any force or effect in so far as it affects the determination and settlement made as aforesaid.
Provided that if heretofore the Public Trustee has in any case acted on any such partition or subdivision order, or other order as aforesaid, and has made payments in pursuance thereof, then such partition or subdivision order or orders as aforesaid shall be and be deemed to have been valid, and to have varied so far as they do vary the shares of grantees or beneficiaries so determined and settled as aforesaid.
The list or record in the Public Trust Office, when "The West Coast Settlement Reserves Act, 1892" came into operation, containing the names of the grantees or beneficiaries (or their successors in case of death) whose shares were determined and settled as aforesaid, shall, as from that time, with such alterations or corrections therein as may from time to time have been made by the Public Trustee, be and be deemed to have been conclusive evidence that the persons whose names appear on, by, or from such list or record, were and are rightfully entitled to the respective shares set forth therein or appearing therefrom:
All payments heretofore made and acts and things done or omitted by the Public Trustee shall be valid and effectual as if this section had then been in force.
|8.||Lease conclusive evidence of its validity. A lease (except under an award) heretofore or hereafter executed by the Public Trustee, if purporting to be made under the authority of the said Act, shall be conclusive evidence that all acts, matters, and things necessary or required to be done, omitted, or to happen, to render such lease valid, were done or omitted or had happened prior thereto.|
|9.||Faults or informalities in good faith not to invalidate lease. No defect, irregularity, or informality, whether in form or substance, in any notice, appointment, valuation, proceeding, or meeting heretofore or hereafter given, made, taken, or held under the said Act shall vitiate any lease, or any act, deed, matter, or thing heretofore or hereafter made, done, or omitted by the Public Trustee, or any other person acting under the Public Trustee's authority (express or implied), in good faith; and the Public Trustee or such other person shall not be liable to an action, suit, or other proceeding by reason thereof.page 5|
No meeting under section eight of the said Act, and no proceedings Meetings informally convened not to be invalid. thereat, shall be invalid by reason of any informality or irregularity in convening such meeting or otherwise, or in the proceedings thereat, or that Natives or persons not entitled to take part in such proceedings did take part therein; and meetings and proceedings thereat, and acts, matters, and things done or omitted upon or in consequence of such meetings or proceedings, shall, notwithstanding any informality or irregularity, or that Natives or persons not entitled to take part in proceedings at meetings did take part therein, be valid:
Provided that nothing hereinbefore contained shall prevent the Public Trustee, if he thinks fit, from convening a further meeting, and which further meeting he is hereby authorised to convene, and in which case all proceedings at the previous meeting shall be deemed of no effect.
This section shall be deemed to have been in force when the said Act came into operation.
|11.||Where by the said Act the Public Trustee is authorised to Public Trustee's acts in good faith not to be questioned. do or omit any act or thing, such authority, if not otherwise expressly provided, shall, as from the time when the said Act came into operation, be and be deemed to have conferred upon the Public Trustee discretionary authority to do or omit to do such act or thing, and any act or thing done or omitted by the Public Trustee in good faith shall not be called in question.|