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Ture Whakahaere Rahui Maori

As to Bringing Reserves and Land Owned by Natives Under Act

As to Bringing Reserves and Land Owned by Natives Under Act.

6.10After the Native title to any land hereofore or hereafter reserved Governor in Council may vest in Public Trustee land reserved for benefit of Natives. for the benefit of Natives is ascertained, and which land is not vested in the Public Trustee by this Act, and notwithstanding any other of the provisions of this Act, the Governor may by Order in Council vest such land in the Public Trustee for the purposes of this 15 Act. Such order shall be published in the New Zealand Gazette and the Kahiti, and shall be conclusive upon all points, and particularly upon the following:—
(1.)That the land has been reserved for the benefit of Natives;
(2.)That the title to such land has been ascertained;
(3.)20That such land is vested in the Public Trustee.
7.Native hereditaments, whether subject to restrictions againstOwners of Native hereditaments may bring same under Act with consent of Governor in Council. alienation or not, may, by the majority in number of the owners thereof, with the consent of the Governor, he brought under the provisions of this Act; and, if the Governor gives such consent, 25 then an Order in Council may be made vesting such land in the Public Trustee, and thereupon such land shall vest in the Public Trustee in terms of such order.
Trustees or committees for infants, lunatics, or others under any disability may, on behalf of such persons, and notwithstanding the 30 terms of the trust, give any consent or do or omit any act or thing to vest Native hereditaments in the Public Trustee. Married women without the consent of their husbands may give any consent or do or omit to do any act or thing to vest Native hereditaments in the Public Trustee under this Act.
35 A Native over the age of seventeen years shall for the purpose of this section be deemed of full age.

The Order in Council shall be published in the New Zealand Gazette and also in the Kahiti, and, when so published, be conclusive evidence that such land is vested in the Public Trustee.

40 Before the Governor gives any consent, or any order as aforesaid is made, the Governor shall refer the application to the Native Land Court for the purpose of ascertaining—
(a.)Whether a majority in number of the owners consent to such land being brought under the provisions of this Act;
(b.)45Whether there are any circumstances which render it advisable or not that such land should be brought under the provisions of this Act.
The Court shall thereupon proceed to ascertain whether or not such majority do so consent, and whether it is advisable or not that 50such land should be brought under the provisions of this Act, and shall report to the Governor accordingly.

Upon such reference the Court shall ascertain the names of the persons having shares or interests in such land and the respective page 6shares and interests of each of such persons therein, and whether or not any dealings have taken place with such land and the nature thereof, and shall report to the Governor accordingly.

By-laws and Regulations.

8.Public Trustee may make by-laws and regulations.The Public Trustee may, with the concurrence of the Board,5 make, alter, and revoke by-laws or regulations for regulating the general conduct of business and proceedings under this Act, and for Carrying into effect the objects of this Act and the administration thereof, and for all such other purposes as the Public Trustee is by this Act empowered to make by-laws or regulations. Such by-laws 10 and regulations shall not be repugnant to the provisions of this Act, nor to any regulations made by the Governor, and they shall not come into operation until approved of by the Governor.
9.Governor's approval establishes validity of by-law or regulation.A copy of any by-law or regulation sealed with the common seal of the Public Trustee, if purporting to be approved of by the 15 Governor, shall be received as conclusive evidence of the same having been made and approved of as by this Act required, and shall be judicially noticed without further proof.
10.By laws and regulations may provide for penalties.Any by-law or regulation may provide for a penalty for every breach thereof, of an amount which shall be in the discretion of the 20 Court inflicting the same, and shall in no case exceed twenty pounds.