Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  


    mail icontwitter iconBlogspot iconrss icon

Ture Whakahaere Rahui Maori

Schedule. — Part I

Part I.

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.

Tenders, Deposits.

5/ 58.No tender for the disposal or other occupation of lands shall be valid unless in writing, made at some office or place appointed by the Public Trustee for that purpose during the hours fixed by the Public Trustee when such office or place is open to the public for the transaction of business, or is sent by letter through the post addressed to the Public Trustee at his principal office in the City of Wellington. If sent by post, the tender shall not be deemed to be made until it reaches the office or place appointed by the Public Trustee, or the principal office, as the case may be.page 23
6/ 59.Where tender is made at an office or place other than the principal office, the officer or person receiving the same shall note the day and hour of the receipt thereof, and shall forthwith transmit such tender, with a note of the time when the same was received, to the principal office.
7/ 60.The Public Trustee shall at all times have power, in the interests of the Native owners or in the public interest, and in his discretion, to refuse to receive any tender.
8/ 62.To every tender for land under Parts III. and IV. of this Schedule there shall be annexed or appended a statutory declaration made and signed by the tenderer in such one of the forms set forth in this Schedule as shall be applicable to the case.
(1.)All tenders for land made within the time limited shall be deemed to be simultaneous; but no lender, excepting under Part IV., shall be received from the same tenderer for any land of a greater area than two thousand acres of land, inclusive of not more than six hundred and forty acres of first-class rural land.
(2.)All tenders shall be opened simultaneously on a day appointed by the Public Trustee for the purpose.
(3.)Every tender shall be incapable of being accepted where the rental tendered is less than the upset rental fixed. And no tender shall be accepted unless the same is closed up and accompanied by a statutory declaration in the form or to the effect hereinbefore referred to, together with six months' rent at the rate mentioned in the tender, and such sum to pay for the costs of the lease and registration thereof as the Public Trustee may by by-laws or regulations have prescribed, together with stamp-duty; and such sums must be paid either in cash or by a marked cheque.
(4.)The highest tenderer, if his tender shall equal or exceed the upset rental, shall, if the Public Trustee agrees to accept such tenderer, be declared the lessee, and be entitled to possession of the lands so soon as he has duly executed a lease thereof and has complied with all other conditions lawfully prescribed in that behalf.
(5.)If the rent offered by two or more tenderers is the same amount, and higher than that offered by any other person, then the Public Trustee shall, after opening all the tenders, decide by lot, in such manner as he shall think fit, which of such two or more persons shall be declared the lessee.
(6.)The deposits and fees paid by the unsuccessful tenderers for any lease shall be returned to them.
(7.)All lands which have been notified as open for leasing under any Part of this Act, and which have not been let, shall, until withdrawn by the Public Trustee, remain open for leasing, and, in case of more than one tender on the same day for the same land, the right thereto shall be decided by lot.

Provided that the Public Trustee shall not be bound to accept the highest or any tender in any case.

Valuation for Improvements.

9/ 72.Whenever lands vested in the Public Trustee are to be disposed of subject to a payment of the valuation of the improvements made on such lands, such valuation shall, in all cases where it is not otherwise provided by this Act, be made one month at least before the expiry of the existing lease (if any), in such manner as the Public Trustee shall direct; or

Whenever a lease is forfeited for breach of conditions the Public Trustee shall cause a valuation to be made of the improvements made on the land comprised in the lease by the lessee on recovering possession of the land; and

Payment of such valuation shall be made to the Public Trustee, by the purchaser of such lease, before he is admitted into possession.

10/ 73.Notwithstanding anything contained in the last-preceding section, the Public Trustee may reduce the original valuation of the land or the valuation of improvements upon any land which cannot be disposed of by reason of the aforesaid valuation being deemed excessive, and the Public Trustee may from time to time offer such land for leasing, with such reduction of the original valuation as he may deem expedient.

And no person shall have any claim against the Public Trustee, or any other body or person whatsoever, by reason of any reduction of such valuation.

page 24
11/ 74.The amount of the valuation of the improvements, when paid by the aforesaid purchaser, shall, if approved by the Public Trustee, be paid to the original lessee, or other person entitled, less any moneys due in respect of such land by the outgoing lessee or occupier, and, in case of forfeiture, less also the amount of expenses incurred in recovering possession of the land and the sale or other disposal thereof.
12/ 75.Whenever improvements have been made on any land the value of which ought, in the opinion of the Public Trustee, to be paid to the lessee or occupant thereof, the Public Trustee may provide that any person who acquires such land by lease from the Public Trustee shall pay to the Public Trustee such value.
13/ 77.No outgoing lessee or occupier shall have any right or claim against the Public Trustee in respect of the value of any improvements made by him in case any person shall fail to pay such value to the Public Trustee; but may sue for the value of such improvements, and take all proceedings for the recovery thereof, in the name of the Public Trustee, on giving an indemnity to the satisfaction of a Judge of the Supreme Court against costs.

Compensation and Arbitration.

14/ 78.Claims for compensation against the Public Trustee in respect of any matters arising under this Act, or for value of improvements or other matters, shall, unless otherwise specially provided, be settled in the manner provided in Part III. of "The Public Works Act, 1882," for which purpose the said Part III., and all other the provisions of that Act which are applicable thereto, shall be deemed to be incorporated with this Act.

In such claims the Public Trustee shall be the respondent.

15/ 79.Where it is provided that any matter arising under this Act shall be referred to arbitration, then such reference, unless herein otherwise provided, shall be to one or more arbitrators appointed by the parties on each side respectively, and an umpire to be appointed by such arbitrators.
(1.)If either party shall fail to appoint an arbitrator within twenty-one days after being requested in writing to do so by the other party, then the arbitrator appointed by the other party shall alone conduct the arbitration, and his decision shall be final and binding on both parties.
(2.)If the said arbitrators shall fail to agree upon the matter referred to them within twenty-eight days of the same having been so referred, then the matter so referred shall be decided by an umpire to be appointed by the said arbitrators, whose decision shall be final and binding on both parties.
(3.)Every such arbitration shall be carried on in the manner prescribed by "The Arbitration Act, 1890," and be subject to such last-mentioned Act in the some manner as if the reference to such arbitration had been made by consent of parties under a written agreement.
(4.)Each party shall pay his or its costs of such reference, and any costs incidental to the appointment of an umpire shall be paid equally by the parties to the arbitration.
16/ 80.Before any appraiser, arbitrator, or umpire enters into the consideration of any matters referred to him under this Act he shall make the following declaration:—

I, A. B., do declare that I have no interest, either directly or indirectly, in the matter of [Here state], and that I will faithfully and honestly, and to the best of my skill and ability, make the appraisement and valuation required under the provisions of "The Native Reserves Administration Act, 1893."

And I make this declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand intituled "The Justices of the Peace Act, 1882."

Leases, Transfers, and other Instruments.

17/ 81.Upon compliance with the provisions of this Act, the Public Trustee shall issue leases, and renewals or transfers thereof, and other instruments, subject to the provisions of this section and of the eight next following sections, which shall apply to all leases and renewals or transfers of leases and other instruments under this Act:—
(1.)Whenever the Public Trustee is authorised to issue or execute any lease or instrument, whatever may be its nature, the same may be in such form as shall be prescribed by regulations made by the Public Trustee.

Any form required under this Act may be varied to suit the circumstances of any case which may arise.

(2.)There shall be paid for every lease or other instrument issued or executed by the Public Trustee such fees and charges as the Public Trustee may page 25by regulations provide; and the Public Trustee may require such fees and charges to be paid before such lease or instrument is issued or executed; and the Public Trustee may refuse to proceed in any transaction if such fees and charges are not paid.
18/ 82.If any person or lessee fails to execute his lease within thirty days after being required by written notice (given in any manner the Public Trustee think fit) so to do, then his deposit and the sum paid for the lease and registration thereof shall, after a resolution of the Public Trustee to that effect has been passed, be absolutely forfeited to the Public Trustee, and the right of such person to obtain such lease shall absolutely cease.
19/ 83.Leases shall be prepared by the Public Trustee, and shall contain such covenants, conditions, and provisions, consistent with this Act, as the Public Trustee may think fit, and shall be subject to the stipulations following:—
(1.)No lessee shall, except with the consent in writing of the Public Trustee, or except by will, dispose of his lease, or the land comprised therein or any part thereof, or the possession or occupation of the land leased to or occupied by him, or any part thereof, by transfer, mortgage, or otherwise.
(2.)When a statutory declaration is required from any lessee, no transferce, and no purchaser of any lease under any power of sale vested in any mortgagee or assignee or trustee in bankruptcy, shall be admitted into possession or occupation of the land comprised in such lease until he has deposited with the Public Trustee a statutory declaration in the same form or to the same effect.
(3.)Every transferee of a lease shall have all the rights and privileges, and be subject to the same obligations, as the original lessee after the date of approval of such transfer by the Public Trustee.
(4.)No transfer of any lease shall be valid unless all the conditions of the lease or upon which the lease was granted have been complied with as to payment of rent or otherwise up to the date of such transfer.
(5.)Before any transfer is approved of by the Public Trustee, he may require the transferor to make a statutory declaration to the effect that all the conditions of his lease have been fulfilled up to the date of the proposal to transfer, and in such declaration may require the transferor to declare to such other particulars respecting the land as the Public Trustee shall think fit.
(6.)If any lessee shall fail to fulfil any of the provisions of his lease within thirty days after the day on which the same ought to be fulfilled, the lease shall be liable to be forfeited by a resolution of the Public Trustee after notice to the lessee, and he shall be deemed, upon such forfeiture, to be in illegal occupation of the land comprised in the lease.

The foregoing conditions as regards leases shall operate and be deemed to bind the Public Trustee and the lessee as fully and effectually as if they were set forth in the lease.

(7.)No mortgagee under any Part of this Schedule shall be required to make a statutory declaration unless and until he shall become a purchaser under the provisions of the mortgage, but he shall make such a declaration before the Public Trustee sanctions the transfer to him.
20/ 86.Leases by the Public Trustee of land under "The Land Transfer Act, 1885," shall, if registerable, be registered by the Public Trustee under that Act, and, if the land is not under that Act, then in the manner provided by any law for the time being relating to the registration of deeds and instruments. The cost of such registration shall be paid by the lessee.

All dealings with or under leases in contravention of the provisions of section eighty-three of this Act as to transfers of leases shall be absolutely void, and the District Land Registrar shall not register any dealing with or under a lease until the production to him of a certificate signed by the Public Trustee that the said provisions have been complied with.

21/ 88.Every lessee (including Natives being lessees) shall be liable for all rates, taxes, or assessments of every nature or kind whatsoever imposed upon the lessee or occupier of the lands included in the lease during the term for which he is lessee.
22/ 89.All declarations made under this Act shall be exempt from duty under any Act now or hereafter passed relating to stamp duties.
23/ 90.The Public Trustee, if satisfied that any lease or other instrument issued by the Public Trustee has been lost or accidentally destroyed, may grant a new lease or instrument in confirmation thereof, upon such terms and conditions in each case as he thinks fit.
page 26

Lessees, Limitations, Penalties, and Forfeitures.

24/ 92.Any person of seventeen years of age and upwards my become lessee under Parts III. and IV. of this Act; but no person who has forfeited the right to hold the land leased by him by reason of the wilful breach of any of the conditions of a lease, or who has committed a wilful breach of any of the provisions of this Act, shall, without the consent in writing of the Public Trustee, become the lessee, holder, or owner of a lease under this Act within a period not exceeding two years from such forfeiture or such wilful breach as aforesaid, as may be determined by the Public Trustee.
25/ 93.No married woman not having obtained a decree of judicial separation or protection order shall, except as hereinafter provided, become lessee under Parts III. or IV. of this Schedule.

The provisions of this section shall not apply to any married woman who may become entitled to a lease under a will or by intestacy.

26/ 95.No person shall, by himself or through any other person for him, be entitled to acquire, obtain, or hold, either by original tender, or by transfer, or otherwise in any manner, any land under any tenure under this Act unless it be exclusively for his own use or benefit.

And no person who at the time of tendering has made any promise or agreement, whether binding in law or not, to permit any other person to acquire, by purchase or otherwise, the land in respect of which tender is made, or any part thereof, or the tenderer's interest therein, shall be a lessee under this Act.

Any person who wilfully commits, incites, instigates, or employs any other person to commit, any breach of the provisions of this Act by obtaining any lease or license not exclusively for his own use or benefit, shall be liable to a penalty of not less than one hundred pounds nor exceeding five hundred pounds; and every one aiding and abetting in such breach shall be liable to the same penalty.

27/ 96.The Public Trustee shall declare every transaction null and void, and all deposit moneys to be forfeited, in any case where any person has acquired land under this Act in excess of the maximum area herein prescribed. Any declaration as aforesaid shall, if the same be entered in the minutes of the Public Trustee, be final and conclusive.
28/ 96a.Where any lessee or person forfeits his right to a lease in any manner, and as often is such a case shall occur, the land shall be again open for leasing, charged with the value of the improvements, if any, to be ascertained and dealt with as hereinbefore directed.
29/ 97.A director, attorney, or agent of a corporation may make on its behalf any of the declarations required by this Act, and forms may be altered accordingly.
30/ 98.Any person who, in any statutory declaration required under this Act, or under any regulations thereunder respectively, wilfully declares to anything which is false, shall be deemed to be guilty of a misdemeanour, and liable to a penalty not exceeding two hundred pounds or to be imprisoned for any term not exceeding one year with or without hard labour; and any right or title acquired through any such declaration shall become thereby absolutely forfeited.
31/ 99.When the Public Trustee has reason to believe that the statements contained in any declaration are false, or that any person in making the same has in any manner evaded or attempted to evade the requirements of this Schedule in their true intent and spirit, the Public Trustee may, in his discretion, hold an inquiry into the case, and may declare forfeited all the rights of such person to the land and all moneys paid in respect thereof.

Nothing in this section contained shall be deemed to exempt any such person from any prosecution or penalty he may have become liable to by reason of making a false declaration.

32/ 100.If any person wilfully makes any false declaration required by this Act in respect of the land comprised therein, any lease acquired thereby shall be liable at the option of the Public Trustee to be absolutely forfeited; and, if forfeited, the leased land, with all improvements thereon, shall revert to the Public Trustee, without any payment whatsoever to the lessee.
33/ 102.Upon the forfeiture of any lease, the Public Trustee shall send to the District Land Registrar a notice signed by the Public Trustee of such forfeiture, which shall be a sufficient authority to enter upon the register a note of the said forfeiture and of the cancellation of the lease.
34/ 104.In every case of the forfeiture of a lease, the lessee shall be liable for rent or other payments in respect of his lease, and for the breach of any of the provisions page 27thereof, up to the time when possession of the land comprised therein has been obtained by the Public Trustee, but not afterward.

Classification of Lands.

35/ 106.All lands vested in the Public Trustee shall be divided into four classes, as determined by the Public Trustee, namely,—
(1.)Town land, being the sites heretofore reserved or which shall be hereafter reserved for towns or villages, and includes land in any borough or city:
(2.)Suburban land, being land in the vicinity of any town land:
(3.)Rural land, being lands not reserved for towns or villages or other public purposes.
(4.)Pastoral land, being land not within any of the above classes.
36/ 108.The Public Trustee may from time to time, by notice in the Gazette, declare that any land not already classified shall belong to either of the said classes, and also that any land shall cease to belong to either of such classes and belong to other classes.
37/ 112.All rural lands may be classified by the Public Trustee into first-and second-class lands, and may be leased at the rentals following, that is to say,—
(1.)First-class lands, at a rent not less than per centum per annum on a value of not less than twenty shillings per acre; and
(2.)Second-class lands, at a rent not less than per centum per annum on a value of not less than five shillings per acre.
38/ 113.The Public Trustee may, from time to time, reclassify such lands, and fix the value thereof, being a value not less than the minimum prescribed for land of the same class.
39/ 122.The Public Trustee may withdraw any land from leasing, notwithstanding that tenders may have been made to lease the same. No tenderer shall in such case have any claim against the Public Trustee.
40/ 124.No lands held under this Act under any tenure shall be capable of being sold for non-payment of rates due by the lessee or occupier thereof.

But the non-payment of any rates on land held from the Public Trustee for which the lessee is liable under any law shall be deemed to be a breach of the conditions of his lease, for which such lease shall be liable to forfeiture, as in the case of non-payment of rent.

If any lessee of land under this Act shall fail to pay to a local authority any rate thereon for which he is liable, for fourteen days after demand thereof by such authority, such authority may apply to the Public Trustee for redress, and the Public Trustee may, if such rate remain unpaid for thirty days after notice served by the Public Trustee, declare such lease to be absolutely forfeited; and the Public Trustee shall pay such overdue rates to the local authority, and make this a charge against the land or out of any moneys received by them for improvements on the land.

The provisions of this section shall apply to all lessees under this Act or under any Act heretofore in force.