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Ture Whakahaere Rahui Maori

Administration

Administration.

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.

Special Provisions relating to Leases and Contracts in force prior to Land being vested in the Public Trustee.

20.If land vested in the Public Trustee shall when such land is so vested be subject to any valid lease, the Public Trustee, if he thinksPublic Trustee may accept surrender of leases in force before and when land vested by Act, and may grant new leases. fit, at any time within two years after such land shall become so vested, 15may accept a surrender thereof and grant a new lease of the land comprised in the surrendered lease or any part thereof under the provisions hereof, subject to the conditions following:—
(a.)The lessee shall, in such manner and form as shall be provided by the Public Trustee by regulations, make application 20for a new lease.
(b.)If the Public Trustee in his discretion considers the application ought to be given effect to, then a valuation shall be made by an appraiser appointed by the Public Trustee of the land included in the lease to be surrendered as for an estate 25in fee-simple, without the substantial improvements of a permanent character thereon, and also a valuation of all substantial improvements of a permanent character in existence at the time of such valuation on the land comprised in such lease, and which improvements would at 30the end or other sooner determination of the term become the property of the landlord. When by or under any lease surrendered as aforesaid, or by any statute under which the lease was made, provisions are made for the renewal of the term, and the lessee would under such provisions 35be entitled, if he does not become under the renewal provision the lessee, to have paid to him by a new lessee the value of any improvements on the land, or where by or under any such lease or statute provisions are made for renewing the term at a rack-rent of the land demised 40without the improvements thereon, then such valuations as are by this subsection directed to be made shall be made, but the lessee shall not pay for the value of such improvements. After the making and publishing of the above-mentioned valuations, which shall be 45effected by serving a copy of the same on the lessee and another copy on the Public Trustee, the Public Trustee may, at his discretion, grant to the lessee a lease of such land with a right of perpetual renewal, as provided by this Act, upon the following terms and conditions:—
(1.)50The lessee shall pay to the Public Trustee the value of all substantial improvements so ascertained as aforesaid, or if unable to pay the same the Public Trustee may if he thinks fit take security therefor over the new lease at a rate of interest of not less than five pounds per centum 55per annum, as fixed by the Public Trustee.page 10
(2.)The rent shall be five pounds per centum per annum on the value of the land as fixed by the valuation, and shall be payable half-yearly in advance.
(3.)The lease shall contain such covenants, conditions, and provisions as the Public Trustee may think proper. 5
(4.)If the land is within any city, town, or borough, no lease shall be granted to any one lessee or to two or more lessees jointly or in partnership of more than two acres of land.
(5.)If the land is outside any city, town, or borough, and is in the opinion of the Public Trustee rural or suburban land, no 10 lease shall be granted to one lessee or to two or more lessees jointly or in partnership of more than five acres of suburban land or six hundred and forty acres of rural land.
(6.)If the land is not within any city, town, or borough, and is not rural or suburban land, then no lease shall be granted 15 to one lessee or two or more lessees jointly or in partnership of more than five thousand acres of land.
(7.)Any person who would be disqualified under any of the other provisions of this Act from holding any lease thereunder shall be disqualified from holding a lease under 20 the provisions of this section.
(8.)No lessee shall, under the provisions of this section, unless the same is otherwise expressly provided, be entitled to hold any greater area of land than he would be entitled to hold under the other provisions of this Act; and all 25 the provisions of this Act which limit the area of land or the number of leases to be held by any one person or by two or more persons jointly or in partnership shall extend and apply to leases to be granted under this section.
(9.)If the land to be leased is within any city, town, or borough, 30 then the term of the lease shall be the same as in cases where under the other provisions of this Act land in any city, town, or borough is leased, and such lease shall be perpetually renewable in like manner and subject to the like conditions. If such land is in the opinion of the Public 35 Trustee rural or suburban land, then the term of the lease shall be the same as in cases where under the other provisions of this Act rural or suburban land is leased, and such lease shall be perpetually renewable in like manner and subject to the like conditions. Where the land is 40 not within any city, town, or borough, and is not rural or suburban land, the term of the lease shall be the same as in cases where under the other provisions of this Act land is leased as small grazing-runs, and such lease shall be perpetually renewable in like manner and subject to the 45 like conditions.
(10.)If any doubt arises as to which of the classes of land hereinbefore mentioned in subsections four, five, and six of this section any land to be leased comes under, the Public Trustee shall decide the doubt, and his decision 50 shall be final and conclusive.
(11.)The Public Trustee shall notify to the lessee, who under the provisions of this section becomes entitled to a new lease, that he is prepared, upon the lessee complying with the provisions of this section and surrendering his lease, and 55 executing the new lease, to grant to him a new lease as provided by this section.page 11
(12.)Within twenty-one days after the Public Trustee has given the notification under subsection eleven, the lessee may, by notice delivered at the principal office of the Public Trustee, notify that he declines to take a new lease, whereupon the 5application for a new lease shall be at an end, and all moneys paid or deposited with the Public Trustee under the provisions of this section, and any regulations made under the provisions of this Act relating thereto, shall be forfeited to the Public Trustee and shall be applied to the 10general administration of this Act.
(13.)The lessee shall pay the first half-year's rent payable under the new lease before the Public Trustee executes such new lease, and shall pay the like costs and charges as in cases where leases are granted under the other provisions 15of this Act, together with any stamp duty required.
(14.)The lease, if registerable, shall be registered under "The Land Transfer Act, 1885," or "The Deeds Registration Act, 1868," according to the title, by the Public Trustee before being delivered to the lessee.
(15.)20If any lessee under this section shall, within thirty days after being required by notice so to do, fail to execute the new lease, then the Public Trustee may by notice (given in such manner, either personally or by advertisement, or, otherwise, as the Public Trustee thinks 25proper) to the lessee notify that his right to the grant of such lease is forfeited, and thereupon such right shall be absolutely forfeited, and all moneys paid by the lessee under the provisions of this section shall be absolutely forfeited to the Public Trustee, and such moneys shall be 30applied to the general administration of this Act.
(16.)No lessee shall be entitled to make application for a new lease under this section until he shall have paid to the Public Trustee all rent due under his lease up to the date of the commencement of such new lease, nor shall 35he be entitled to make such application until he has performed all the covenants, conditions, and provisions contained in his lease.
(17.)The term of every new lease, if granted under this section, shall commence from the day when the application for 40the new lease is delivered at the office of the Public Trustee.

All the provisions of this Act which are not inconsistent with the provisions of this section shall extend and apply to leases made under the provisions of this section.

45 Special Provisions as to leasing to Natives.

21.Notwithstanding any of the provisions of this Act relatingLands may be leased to Natives under provisions, &c., required by Public Trustee. to the disposal of lands by tender or otherwise, the Public Trustee may in his absolute discretion—
(1.)Lease in possession, and not in reversion, to Natives any 50land vested in the Public Trustee.page 12
(2.)No lease shall be made,—
(a.)In the case of land situated in any town, borough, or city, of more than acres;
(b.)In the case of suburban land, of more than five acres;5
(c.)In the case of rural land, of more than six hundred and forty acres;
(d.)In the case of pastoral land, of more than five thousand acres:
And the Public Trustee shall be the sole judge as to10 whether or not land to be leased under this section comes within one or other of the classes referred to.
(3.)The rent, conditions, covenants, and provisions of leases under this section shall be such as shall be fixed by the Public Trustee: Provided that the rent to be reserved15 shall not be less than five pounds per centum per annum on a valuation, to be determined by the Public Trustee, of the land to be leased as for an estate in fee-simple.
(4.)Every lease granted under this section shall be for the like terms of years as in cases of leases granted under the20 provisions contained in the Schedule to this Act, and shall be renewable in like manner and subject to the like conditions as is provided by the said Schedule in the case of renewals of leases thereunder, subject nevertheless to any provisions, limitations, and restrictions which the Public 25 Trustee may by regulations prescribe.
(5.)The Public Trustee may in his discretion, by regulations, limit and restrict the rights and powers of Natives to alienate such leases, or the land comprised therein, or any estate or interest therein; and such limitations and30 restrictions shall have the same force as if enacted by Statute.
(6.)No Native shall have any right at law or in equity to alienate any lease, or the land comprised therein, or any estate, or interest therein or thereunder, if such alienation is contrary to the provisions of this Act, or to any provisions, limitations, or restrictions made by the Public Trustee; and all alienations or attempted alienations which shall be contrary to any provisions of this Act, or to any provisions, limitations, or restrictions made by regulations as aforesaid,40 shall be absolutely void:
Provided that the Public Trustee may from time to time by writing, but not otherwise, alter, vary, waive, or release any of the provisions, restrictions, or limitations contained in any lease or made by the Public Trustee.45
(7.)Native lessees under this section, and Natives holding or owning a lease under this section or any estate or interest therein, notwithstanding any exemption contained in any Act or law now or hereafter in force to the contrary, shall be liable to the same obligations, duties, taxes, 50 rates, charges, and assessments with respect to the land demised as would be the case if the Natives were Europeans.page 13
(8.)The lessee shall pay the, first half-year's rent payable under the lease before the Public Trustee executes such lease, and shall pay the like costs and charges as in cases where leases are granted under the other provisions of this Act, 5together with any stamp-duty required.
(9.)The lease, if registerable, shall be registered at the cost of the lessee under "The Land Transfer Act, 1885," or "The Deeds Registration Act, 1868," according to the title, by the Public Trustee before being delivered to the lessee.