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Ture Whakahaere Rahui Maori

General Provisions

General Provisions.

1/ 32.When any person, without any right or title, or whose right or title has expired or been forfeited or cancelled, shall be in occupation of any lands vested in the Public Trustee, whether such lands be within or outside any mining district, the Public Trustee, or some person appointed in writing by him, may enter a plaint in the Resident Magistrate's Court in the district in which the land lies to recover possession thereof; and the jurisdiction of the Court or Magistrate shall not be ousted on the plea that a question of title to land is involved, or that the value of the premises or rental of which possession is sought to be recovered is in excess of the ordinary jurisdiction of such Court or Magistrate.

If, on the hearing, the defendant does not appear, or appears but fails to establish in himself an absolute right or title to the possession of the land, or if it is shown by or on behalf of the plaintiff, to the satisfaction of the Court or Magistrate, that the title under which the defendant claims has, as between himself and the Public Trustee, expired or become liable to forfeiture or cancellation, the Court shall declare such title to be extinguished, and order possession of the land to be given to the plaintiff, either forthwith or on such day as the Court thinks fit, and order the defendant to pay the costs.

If possession is not given pursuant to such order the Court or Magistrate or any Justice of the Peace may issue a warrant for possession of such lands.

The provisions of sections ninety-one, ninety-two, ninety-three, and ninety-five of "The Resident Magistrates Act, 1867," shall apply to any proceedings under this section.

2/ 35.In any civil proceeding for or in respect of any unlawful occupation, use of, or trespass upon lands vested in the Public Trustee, the proof that the occupation, use, or trespass in question was lawful shall lie on the defendant. And in such proceeding any lands in question shall be deemed to be vested in the Public Trustee without proof of such fact, unless the defendant prove the contrary; and all instruments, maps, plans, certificates, and copies thereof certified as true under the hand of the Surveyor-General or of the Chief Surveyor of the district within which such land is situated, or of the Public Trustee, shall be sufficient evidence of their contents without production of the originals, and without the personal attendance of such officers, or proof of their signature.
3/ 49.The Public Trustee shall be the sole judge whether the terms and conditions of any lease have been complied with, and shall have all the powers and authorities conferred upon any body or person by this Act or the Act under which any such lease was granted or by any other Act relating to forfeitures of leases, and may proceed in the manner indicated in that behalf by any of such Acts notwithstanding the repeal thereof, or may proceed under this Act, to enforce the fulfilment of the conditions of any such lease, or to obtain possession of any land, improvements, or money forfeited for breach of such conditions.
4/ 50a.When under this Act any land is to be valued, and where it is not otherwise provided, then the Public Trustee shall ascertain such value in any manner he thinks fit, and the value so ascertained shall be conclusive; but the Public Trustee may from time to time revalue any land.