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1903, No. 39.
An Act to provide for the Administration and Improvement of the Poukawa Native Reserve. Title.
[12th November, 1903.
Whereas the lands described in the Schedule hereto, known as Preamble."The Poukawa Native Reserve," are vested in the Public Trustee under "The Native Reserves Act, 1882": And whereas it is desirable that the said reserve shall be administered under the provisions of "The West Coast Settlement Reserves Act, 1892" (hereinafter called "the principal Act"), in order that the Native owners of such reserve, or such of them as may be desirous of occupying specified portions thereof, may receive valid licenses authorising them so to do, and the remainder of such reserve may be leased to the best advantage: And whereas it is expedient that the Public Trustee, in addition to the powers conferred upon him by the principal Act, shall be authorised and empowered to expend moneys upon draining the lake and swamps covering parts of the said reserve, and to compel owners of lands adjoining the said reserve who will be benefited by the draining of the said lake and swamps to contribute a reasonable and fair amount towards the cost of such draining:
Be it therefore enacted by the Greneral Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
| 1. | The Short Title of this Act is "The Poukawa Native Reserve Act, 1903." Short Title.page 2.gif) |
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Poukawa Reserve to be held and administered under "The West Coast Settlement Reserves Act, 1892."
| (1.) | The lands described in the Schedule hereto (hereinafter referred to as "the said reserve") shall, on the passing of this Act, cease to be subject to the provisions of "The Native Reserves Act, 1882," and shall thereafter be dealt with and administered by the Public Trustee in all respects as if the said lands had been included in and formed part of the reserves vested in the Public Trustee by the principal Act. |
| (2.) | The District Land Registrar shall register the Public Trustee as the proprietor of the said reserve without any further or other authority than this Act. |
| (3.) | The decision of the Appellate Court, dated the twenty-third day of September, one thousand eight hundred and ninety-eight, declaring the names of the beneficiaries and their relative interests in the said reserve, shall be deemed to have been a decision of the Native Land Court: Provided that no appeal from the said decision shall be allowed except on an application by the Public Trustee lodged with the Registrar of the Court within one year from the date of the passing of this Act. |
| (4.) | The partition of the said reserve by the Native Land Court is hereby validated, subject to variation by any decision of the Appellate Court, but no appeal shall be allowed on the ground that the Court had no jurisdiction. |
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| 3. | Power of Public Trustee to drain lake and swamps. In addition to the powers conferred upon him by the principal Act, the Public Trustee may expend in draining the lake and swamps, now covering about thirteen hundred acres of the said reserve, or any part or parts thereof respectively, a sum not exceeding one-third part of the present capital value of the said reserve as determined under "The Government Valuation of Land Act, 1896." |
| 4. | Plans and estimates to be prepared. Before any moneys shall be expended under the authority of the preceding section, detailed plans of the proposed drain age-works shall be prepared by a competent engineer, together with a report showing—
| (a.) | The total estimated cost of such works; |
| (b.) | The prospective liability for maintenance thereof; |
| (c.) | The probable damage, if any, likely to be suffered by any owner of land in consequence of the carrying-out of such works; |
| (d.) | The benefit the said drainage will be to the said reserve and the lands of adjoining owners; and |
| (e.) | Such other matters as the said engineer may be directed to report upon. |
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| 5. | Costs to be charged to rents. The cost of obtaining the said plans and report shall be paid by the Public Trustee out of the Public Trust Office funds, and shall be repaid out of the rents of the said reserve, and until repaid shall bear interest at a rate not exceeding five pounds per centum per annum. |
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Governor may by Order in Council authorise drainage works to be constructed.
| (1.) | The Governor may by Order in Council authorise the carrying-out of the said works in accordance with such plans by the Public Trustee advancing out of the Public Trust Office funds the moneys required therefor. |
| (2.) | Such moneys shall bear interest at a rate not exceeding five pounds per centum per annum, and shall be a first charge upon page 3.gif) all rents from the said reserve, in such proportions against each Native owner's share as the Public Trustee shall determine. |
| (3.) | The money so advanced and interest thereon shall be repayable over a period not exceeding twenty-one years. |
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| 7. | The Public Trustee shall have all the powers ana shall be Public Trustee to have powers and liabilities ot Drainage Board. subject to the same liabilities as a Board of Trustees under "The Land Drainage Act, 1893," in the surveying, construction, and maintenance of the said drainage-works. |
| 8. | The owners of lands that are benefited by the said works Owners of lands to contribute. shall be liable to contribute to the cost of the same in proportion to the benefit received by each parcel of land in consequence of such drainage. |
| 9. | If the Public Trustee and any owner cannot agree upon the If amount disputed, claim to be settled under "The Public Works Act, 1894 amount that should be contributed by such owner towards the cost of such works, or upon the amount to be paid to any such owner by way of compensation for damage in respect thereof, the claim shall be settled in manner provided for settlement of claims for compensation, mutatis mutandis, in Part III. of "The Public Works Act, 1894," for which purpose the said Part III. shall be deemed to be incorporated with this Act. |
| 10. | The amount agreed upon or so found by the Compensation Amount may be paid by instalments. Court as payable to the Public Trustee may, at the option of the said owner, be paid at once or by instalments extending over a period not exceeding twenty-one years, with interest on the unpaid portions thereof at a rate not exceeding five pounds per centum ner annum. |
| 11. | The instrument containing the agreement between the Award may be registered against laud Public Trustee and the adjoining owner as to the amount to be contributed by such owner as aforesaid, or a copy of the award of the Compensation Court in such cases where an award is obtained under the Public Works Act, may be registered against the title of the land in respect of which the agreement is made or the award is delivered, and such amount shall be a charge against such land until the whole of the moneys due thereunder shall be paid, and shall take precedence of any mortgage registered against such lands after the passing of this Act. |
| 12. | The moneys to be received by the Public Trustee under Moneys received, how to be applied. the four last preceding sections shall be applied by him in reduction of the debt against the reserve for the said drainage-works. |
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