Acts Affecting Native Lands, Etc. (In English and Maori), Passed by the General Assembly, Session 1906.
1906, No. 51. — An Act to adjust and protect Claims and Interests in, and to amend the Laws relating to, Maori Lands
1906, No. 51.
An Act to adjust and protect Claims and Interests in, and toTitle. amend the Laws relating to, Maori Lands.
|1.||The Short Title of this Act is "The Maori Land Claims short Title Adjustment and Laws Amendment Act, 1906."|
In This Act, if not inconsistent with the context,—Interpretation.
"Appellate Court" means the Native Appellate Court constituted by "The Native Land Court Act, 1894":
"Board" means the Maori Land Council constituted under "The Maori Lands Administration Act, 1900," of the district in which the land referred to is situated, or its page 2successor in office as provided by section three of "The Maori Land Settlement Act, 1905":
"Chief Judge" and "Judge" mean respectively the Chief Judge and a Judge of the Native Land Court:
"Court" means the Native Land Court:
"Maori" and "Native" are synonymous terms, used respectively to follow the language of the Acts referred to in which they occur:
"Minister" means the Minister of Native Affairs, or any other Minister of the Crown acting on his behalf:
"President" means the President of the Board:
"Registrar" means the District Land Registrar of the district in which the land referred to is situated:
"Validation Court" means the Court constituted by "The Native Land (Validation of Titles) Act, 1893."
|3.||Section 16 (2) of Act of 1904 amended. Subsection two of section sixteen of "The Maori Land Claims Adjustment and Laws Amendment Act, 1904," is hereby repealed, and the following is substituted in lieu thereof:—|
|"(2.)||No action shall be taken upon the report of the said Judges until the same has been laid before and considered by Parliament."|
|4.||Third Schedule to Act of 1904 amended. The Third Schedule to "The Maori Land Claims Adjustment and Laws Amendment Act, 1904," is hereby amended by adding thereto "Lot 1, Parish of Katikati, containing sixty-eight acres, more or less."|
|5.||Section 6 of Act of 1895 amended. Section six of "The Native Land Claims Adjustment Act, 1895," is hereby amended by omitting all the words after the word "being" in subsection one to the end of the said subsection, and by substituting in lieu thereof the word "alienated"; also by omitting the word "lease" in subsection two of the said section, and by substituting in lieu thereof the word "alienation"; and by striking out the words after the word "Act" in subsection two of the said section to the end of the section.|
|6.||Giving effect to recommendations of Royal Commission under Act of 1904. To give effect to the recommendations of the Royal Commission appointed under the provisions of "The Maori Land Claims Adjustment and Laws Amendment Act, 1904," as set out in Parliamentary Paper G.-1, 1905, it is hereby enacted as follows: —
|7.||The final orders of the Court or of the Appellate Court Cancelling orders in connection with Potaka No. 1 and other blooks, and giving power to rehear. made under the provisions of "The Native Equitable Owners Act, 1886," or subsection ten of section fourteen of "The Native Land Court Act, 1894," in respect of Potaka No. 1, Wharepu No. 1, Taumata o te O, Ohuia No. 1, Hereheretau B, and Te Kiwi Blocks are hereby cancelled, and the Appellate Court may rehear the applications on which such final orders are founded.|
|8.||To give effect to the recommendation of the Native Affairs Appeal in Waima South Block. Committee of the House of Representatives, bearing date the twenty-sixth day of October, one thousand nine hundred and five, on petition No. 643, of Raniera Wharerau, the appeal by the said Raniera Wharerau against the partition by the Court of the Waima South Block is hereby declared to be as valid and effectual as if notice of such appeal in writing had been given within the period prescribed by law.|
Whereas upon the issue by the Court of title to the Poroikamoana Court to determine former owners of Motuotera, and amount of compensation due to them. Block a piece of land known as Motuotera was in error included therein, although the title to the said Motuotera had not been investigated: And whereas the said Poroikamoana Block, page 4including the said piece of land known as Motuotera has been sold, and is now vested in the purchaser under the Land Transfer Act: Be it therefore enacted as follows:—
The Court is hereby authorised and directed—
|10.||Section 8 (7) of "The Maori Lands Administration Amendment Act, 1901," amended. Paragraph (7) of section eight of "The Maori Lands Administration Amendment Act, 1901," is hereby amended by the insertion of the words "or a President" after the words "Judge of the Native Land Court."|
|11.||Section 11 of Act of 1904 amended. Section eleven of "The Maori Land Claims Adjustment and Laws Amendment Act, 1904," is hereby amended by the addition at the end thereof of the words "or until the Minister by notice in the Gazette and Kahiti declares that the necessity for such caveat or non-issue of orders in any particular case no longer exists either as to the whole or any portion of the land therein mentioned."|
|12.||Certain transfers of parts of Maungatautari Block validated. Such parts of the Maungatautari Block as had previously to the passing of this Act become vested in Europeans upon the Land Transfer Register shall be exempt from the provisions of the said section eleven, and any caveat against dealings with such parts of the said block is hereby removed.|
|13.||Court to determine questions affecting Ownership of Arai Matawai Reserve. Whereas by a Proclamation dated the thirteenth day of September, one thousand eight hundred and seventy-seven, His Excellency the Governor, in pursuance and exercise of the power and authority vested in him by "The East Coast Act, 1868," reserved and set apart for the use and maintenance of twenty-three specified aboriginal Natives the parcel of land situate in the Poverty Bay District known as the Arai Matawai, or Waimata Reserve, containing by admeasurement four thousand two hundred and fourteen acres, more or less, the boundaries whereof are described in Schedule A to the said Proclamation: And whereas it is alleged that an error or omission was made in determining the persons for whose use and maintenance the said reservation was made, and that other persons in addition to the twenty-three persons so specified as aforesaid ought to have shared in the benefit of the said reservation and to page 5have been specified in the said Proclamation: Be it therefore further enacted:—
|14.||The Governor may by Order in Council confer upon the Power to determine ownership in Pakowhat Block. Court, or upon any person or persons named in such order, all powers and jurisdiction necessary or expedient to enable the Court or such person or persons to carry out and give effect to an agreement or arrangement made by and among the plaintiffs in the action or suit number 818 in the Supreme Court of New Zealand, Wellington District, holden at Napier, for ascertaining and determining the names of the owners of, or persons entitled to, and the relative share or interest of each of them in, that parcel of land situate in the Provincial District of Hawke's Bay, known as Pakowhai, or such part of the said parcel of land as is now vested in the Venerable Samuel Williams, of Te Aute, on behalf of such plaintiffs and other aboriginal Natives of New Zealand. Any order made by the Court, or such person or persons, under the provisions of this section shall, subject to any lien, charge, or incumbrance therein provided for, have the effect of and be dealt with as an order of the Court.|
|15.||Exchange of lands, Township of Kaikoura.
|16.||Minister may appoint European member to act in absence of President. During the unavoidable absence of the President, or any vacancy in that office, the Minister may authorise any officer of the public service or European member of the Board to act as President in the same manner and with the like powers as if appointed under the provisions of subsection three of section eight of "The Maori Lands Administration Act., 1900," or section two of "The Maori Land Settlement: Act, 1905."|
|17.||Court to investigate title to land if Papatupu Committee fails to do so. Where a claim has been received by the Board, applying to have the title to a block of land investigated by a Papatupu Block Committee, under the provisions of "The Maori Lands Administration Act, 1900," but—
|18.||Powers of Court as to Native townships. The Court shall, on the request of the Minister, have power to determine all questions affecting the beneficial ownership of Native townships proclaimed under the provisions of "The Native and Maori Land Laws Amendment Act, 1902."page 7|
|19.||Presiding Judge. For any sitting of the Appellate Court, or, when two or more Judges are sitting, of the Court, the Chief Judge may, with the approval of the Minister, nominate the presiding Judge. Such nomination may be in respect of any particular sitting or case, or generally, and in the absence of any such nomination the senior Judge shall preside.|
|20.||Public Trustee to pay compensation for land taken under Public Works Act to beneficial owners. Notwithstanding any law now in force to the contrary, the Public Trustee is hereby authorised and directed to pay the sum of thirty-nine pounds seventeen shillings and sixpence, together with any interest which has accumulated thereon, received by him as compensation for portions of the Waikokopu No. 3 Block, Nuhaka District, taken under the provisions of "The Public Works Act, 1894," for the purposes of "The Waikokopu Harbour Board Act, 1902," to the former beneficial owners of the land as named in the order of the Native Land Court dated the twenty-fifth day of September, one thousand nine hundred and two, assessing the amount of compensation payable. The receipts of the beneficial owners shall be a sufficient indemnity and release to the Public Trustee from all manner of claims howsoever in respect of the sum of thirty-nine pounds seventeen shillings and sixpence and interest aforesaid.|
|21.||Compensation for land at Wanganui taken for a rifle range, how payable. The compensation awarded or to be awarded by the Court in respect of certain land taken under the provisions of "The Public Works Act, 1894," for a rifle range at Wanganui may be paid direct to the persons to whom such compensation was awarded or will be awarded, any direction, decision, or recommendation of any Court of law to the contrary notwithstanding; and an acquittance or receipt given by any such person for his share of the compensation shall be a complete indemnity and release of the Colonial Treasurer and all officers and servants of the Government in respect of the compensation so awarded to such person.|
|23.||Extending powers of incorporated bodies.
In every case where the Governor has, under "The Native Power to remove trustees. Land Laws Amendment Act, 1897," approved of the appointment of a trustee or trustees for lands owned by Natives, he may, upon application being made to him in writing by the beneficiaries or the survivors of them, remove the existing trustee or trustees and appoint such fresh trustee or trustees as the beneficiaries or their survivors may name, to hold the lands affected on such terms and conditions as may be contained in any agreement in writing between the beneficiaries and such new trustee or trustees, signed before a Judge of the Native Land Court, whereupon the title to all such lands shall vest in the new trustee or trustees; subject, nevertheless, to all mortgages, liens, contracts, and other liabilities as affected them in the hands of the former trustee or trustees:
Provided that all stock, cattle, horses, &c., the property of the beneficiaries, whether at law or in equity, held by the former trustee or trustees shall pass, subject as aforesaid, to the new trustee or trustees so to be appointed as aforesaid.
|25.||A certificate under the hand of the President and the seal of Registration may be annulled on certificate of President. the Board that any transfer to or lease from the Board, or, in the case of a Native township proclaimed under the provisions of "The Native Townships Act, 1895," the certificate of the Commissioner of Crown Lands for the district in which the land is situate that any lease has been annulled or determined shall be sufficient evidence of the fact; and the Registrar shall, on the same being produced to him, make, without charge, all necessary alterations on the Land Transfer Register in accordance with such certificate.page 10|
|26.||Further investigation of Te Akau Block. The Appellate Court is hereby authorised and directed to review the report of the Royal Commission in connection with disputes affecting the title to the Te Akau Block (Parliamentary Paper G.-1, 1904), and the subsequent decisions of the Chief Judge, under the provisions of section fourteen of "The Maori Land Claims Adjustment and Laws Amendment Act, 1904," thereon, in as far as questions in dispute between the Native owners as to tribal or hapu boundaries are concerned, and to confirm or, if necessary, amend in accordance with the equities of the case any order heretofore made by the Court, The Appellate Court, or the Chief Judge.|
Inquiry as to Maungatautari Block. Whereas the Native Affairs Committee of the House of Representatives, on the eighteenth day of October, one thousand nine hundred and five, recommended that the petition of Hema te Ao and others be referred to the Government for inquiry: It is hereby ordered and declared that any Native claiming to be interested in that portion of the; Maungatautari Block which is still held by the Natives may, within one month after the coming into operation of this Act, give notice of appeal to the Appellate Court from the order of the Court made on investigation of title of the said block; and if such notice be given the Appellate Court shall have jurisdiction to hear and determine such appeal as if such notice had been given within the time limited by section eighty-four of "The Native Land Court Act, 1894":
Provided that, before the Appellate Court shall proceed to hear and determine the case as between the parties, the appellants shall lodge with the Court a sum of money which, in the opinion of the Chief Judge shall be sufficient, to cover the costs of the respondents in case the decision by the Appellate Court shall be in their favour:
Provided further that nothing in this section shall affect any portion of the Maungatautari Block which has been sold to Europeans.
|28.||To give effect to the recommendation of the Native Affairs Committee of the House of Representatives, bearing date the fifth day of September, one thousand nine hundred and five, on petition No. 142, of Kaea Rowe (Willison) and another, of Urenui, it is hereby declared that, notwithstanding any Act to the contrary, Kaea Rowe or any other person claiming an interest may within three months after the passing of this Act appeal to the Appellate Court against the order of the Court appointing successors to the late Harawira Mokena, and the said Appellate Court may hear and determine the appeal as if it had been presented within the prescribed time.|
|29.||Hemi Rangiahua succession. To give effect to the recommendation of the Native Affairs Committee of the House of Representatives, bearing date the twentieth day of October, one thousand nine hundred and four, on the petition No. 833, of Raiha Weeti, the Appellate Court is hereby directed and authorised to hear and determine who are the successors according to Maori custom of Hemi Rangiahua in any land or Native land, and to make such order or orders as it considers page 11necessary to effect a final and equitable settlement of the matters in dispute.|
|30.|| Whereas the Public Trustee, in exercise of his powers under Certain contracts entered into by Public Trustee to grant leases under "The West Coast Settlement Reserves Act, 1892," not to be effective. "The West Coast Settlement Reserves Act, 1892," has accepted tenders for leasing Subdivision C, part Section No. 1, Block II, Oeo Survey District, containing one hundred and eighty-nine acres one rood thirty-eight perches, and Subdivision D of the same section and block, containing ninety-seven acres and nineteen perches, but has not yet issued leases therefor; and whereas such lands may be required for the use of the Natives interested therein: Be it therefore enacted as follows:—
|31.||The Validation Court, the Appellate Court, the Courts and official authorised to carry out provisions of Act. Chief Judge, and the Registrar are the Registrar are hereby authourised adn directed to pergorm all acts necessaru to b\give effect to and carry out the provisionas of this Act.|
|32.|| On and after the passing of this Act that parcel of land Scenic reserve at Plimmerton. at Plimmerton, in the Provincial District of Wellington, being a Native reserve known as Taupo No. 2, described in the Second Schedule to "The Native Reserves Act Amendment Act, 1896," shall be a scenic and historic reserve under "The Scenery Preservation Act, 1903."