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Ture Whakahaere Rahui Maori


11.The Public Trustee to have power to carry out provisions of Schedule to Act, acting with concurrence of the Board.The Public Trustee shall have and may exercise, in addition to all other powers, duties, and functions given by this Act, all the powers, duties, and functions set forth in the Schedule hereto, 25 and may do or omit all acts and things, and enter into all contracts, to give effect to such powers, duties, and functions.
All powers, duties, and functions given to or vested in the Public Trustee by this act shall be exercised by the Public Trustee with the concurrence of the Board, but, so far as concerns the validity of any 30 act, deed, matter, or thing done or omitted under this Act, any person dealing with the Public Trustee shall not be concerned to inquire whether such act, deed, matter, or thing was or was not done with the concurrence of the Board, or be affected by notice, express or implied, that it was not done with such concurrence; and, notwithstanding 35 the absence of such concurrence, the same shall, as regards such person, be as valid and effectual as if the Board had concurred therein.
The Governor may authorise the Public Trustee to exercise, without the Board's concurrence, any of the powers, duties, and 40 functions given to or vested in the Public Trustee by this Act which require the Board's concurrence, and in such case the Public Trustee may exercise such powers, duties, and functions as if by this Act the Board's concurrence thereto had not been requisite.
The Board may from time to time by resolution, either generally 45 or in any particular case or class of cases, authorise the Public Trustee to do or omit to do any act or thing which requires the Board's concurrence without such concurrence, and in such case the Public Trustee may do or omit to do such act or thing as if by this act the Board's concurrence had not been required thereto, and the 50 Board may revoke such authority.

When any act or thing is required to be done or omitted by the Board, or any power or authority is vested in the Board, such act or thing may be done or omitted, or such power exercised, at any meet-page 7ing of the Board at which a quorum is present, by a majority of the members of the Board present.

Until otherwise fixed a quorum shall be members, and the Governor may from time to time alter the quorum.

5 At meetings of the Board the Chairman or presiding member shall be the same as in cases of a Board meeting under "The Public Trust Office Act, 1872," and shall have in cases of equality of votes a casting-vote as well as a deliberative one.
12.The Public Trustee may enter into contracts as follows,How power to carry out contracts may be exercised. 10that is to say:—
(a.)Any contract which if made between private persons would be by law required to be in writing, under seal, the Public Trustee may make in writing, signed by the Public Trustee and by two members of the Board, and sealed 15 with the corporate seal of the Public Trustee, and such contract may in the same manner be varied or discharged.
(b.)Any contract which if made between private persons would by law require to be in writing, signed by the parties to be charged therewith, the Public Trustee may, without 20the corporate seal, make in writing.
(c.)Any contract which if made between private persons would be by law valid, although made by parol only and not reduced into writing, may be made by the Public Trustee by parol only without writing, and such contract may in 25the same manner be varied or discharged.
13.The Public Trustee may compound with any person for suchPublic Trustee may compound. sum of money or other recompense as he thinks fit in respect of the breach of any contract, or any penalty thereunder, or of any debt due to the Public Trustee, or of any tort, whether before or after any 30 action or suit is brought.
14.Land which by virtue of this Act is or becomes under theLands vested in Public Trustee under Act to be administered by Public Trustee under provisions of Act and Schedule. provisions thereof vested in the Public Trustee shall be so vested, subject to all valid leases and contracts affecting the same, upon trust for the owners, upon the same trusts, if any, as such land was subject 35 to at the time it is so vested in the Public Trustee, but to be managed, dealt with, and disposed of by the Public Trustee under the provisions of this Act and the Schedule hereto, and not otherwise. Land so vested shall, subject to the provisions of this Act, be used, and the rents, income, and proceeds thereof be applied, for and towards the 40 purposes or objects to which the same are applicable respectively, and none other:
Provided that where any of such purposes or objects have become obsolete, or no longer possible of attainment, the Public Trustee, with the consent of the Governor in Council, may direct 45for what purpose or object similar to the original purposes and objects such land or moneys may be applied.
If by death or otherwise there is no person entitled to the share or interest of any owner of land vested in the Public Trustee, or any moneys arising therefrom, the Public Trustee shall hold the same upon 50trust for such purposes as the Governor in Council may from time to time appoint.

Public Trustee may carry out any contract valid when land becomes vested.

15.When at the time any land becomes vested in the Public Trustee such land shall be subject to any valid contract, the Public Trustee may carry out such contract, and may do, execute, and perform55 all such acts, deeds, matters, and things as may be necessary to carry out or perform the same, and may agree to rescind, alter, or vary such contract, upon such terms and conditions as he thinks fit.page 8
16.Interpretation of "benefit."Where in or by any instrument in Writing constituting the trusts of any Native reserve heretofore or hereafter made any trust shall be expressed as being for "the benefit of" or "in trust for the benefit of" any Natives, whether individually or collectively, the said word "benefit" in such writing shall be construed to include the 5 physical, social, moral, or pecuniary benefit of such Natives, and shall extend to include the providing of medical assistance and medicines; and the proceeds of any such reserve may be applied accordingly.
17.Restrictions to be removed for certain purposes.For the purposes of this Act, all trusts, restrictions, conditions, 10 and limitations subject to which owners derive title to land vested in the Public Trustee shall not be deemed to exist; otherwise such trusts, restrictions, conditions, and limitations shall remain and continue.
18.Powers of public Trustee.The Public Trustee shall for the purposes of this Act, and 15 subject thereto, be deemed to be the owner in fee-simple of all land vested in him by virtue of this Act, and, in addition to any other powers, shall, as regards land so vested, also have the following powers:—
(1.)To recover possession thereof by action, suit, or other proceeding; 20 to enforce, by action, suit, distress, or otherwise, the payment of all moneys and damages, the performance or observance of any contract; and to enforce the liability in respect of any tort;
(2.)To give time for the payment of any rents, income, moneys, 25 or profits payable or arising out of or in respect thereof, without being responsible for any loss occasioned thereby;
(3.)To give notices, make demands, and do all acts, deeds, matters, and things necessary for the purpose of carrying into effect any of the covenants, agreements, powers, or 30 provisions contained in any lease or tenancy thereof, or any of the powers or provisions conferred by this Act or by law for the purpose of enforcing payment of money or damages, or for enforcing the observance of any contract or obligation, or any right arising thereout;35
(4.)To enforce, both civilly and criminally, all rights and remedies arising thereout;
(5.)To let the same to any person, whether a Native or not, for any reasonable rent upon a tenancy from year to year, determinable upon three months' notice on either side, 40 as if the Public Trustee was the absolute owner thereof.
No Native owner in possession of land vested in the Public Trustee shall, in an action in which the Public Trustee seeks to recover possession thereof, be entitled to set up as against the Public Trustee a right to such possession grounded only upon such Native 45 owner being a person entitled to a share or interest in such land.
19.Public Trustee may survey lands, lay off roads, and make advances.The Public Trustee, subject to the regulations of the Survey Department of the colony, may, as regards land vested in him,—
(1.)Make surveys thereof, and subdivide the same as he thinks fit; 50
(2.)Lay off any portions thereof for public roads, and may make such roads. Any road so laid off shall, upon a notice being published in the New Zealand Gazette that the same has been laid off as a road, be deemed a public highway, and shall vest in Her Majesty as from such publication.55

Out of any moneys standing to the credit of his account the Public Trustee may from time to time advance or pay such moneys page 9as may be necessary for the purpose of giving effect to and carrying out the provisions of this section.

Any moneys so advanced or paid shall be a charge upon the lands surveyed or lands benefited by such expenditure in such 5proportions as the Public Trustee shall determine, and shall be repayable, with interest thereon not exceeding seven pounds per centum per annum, out of the rents received by the Public Trustee: Provided that it shall be optional with the Public Trustee to make such repayments out of the first year's rents, or to extend the same respectively 10over a period not exceeding seven years.