Other formats

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

Connect

    mail icontwitter iconBlogspot iconrss icon

Acts Affecting Native Lands, Etc. (In English and Maori), Passed by the General Assembly, Session 1892, 1893, 1897, 1898, 1899.

Miscellaneous

Miscellaneous.

53.Pensions absolutely inalienable. The pension being for the personal support of the pensioner, it shall (subject to the provisions of this Act as to payment, forfeiture, and otherwise) be absolutely inalienable, whether by way of assignment, charge, execution, bankruptcy, or otherwise how-soever.
54.Returns to be prepared by Deputy Registrars. Every Deputy Registrar shall, in the prescribed manner and at prescribed intervals, prepare and forward to the Registrar a return showing for each such interval,—
(1.) All pension-certificates and warrants issued by him;
(2.) All forfeitures recorded by him;
(3.) Such other particulars as are prescribed.
55.General Register. The Registrar shall from the aforesaid returns compile a General Old-age Pension Register containing a record of all pension-certificates for the time being in force, and such other particulars as are prescribed.
56.Particulars to be furnished to Postmaster General. The Registrar shall at prescribed intervals furnish to the Postmaster-General schedules showing for each such interval,—
(1.) The names of the pensioners;
(2.) The numbers of their pension-certificates;
(3.) The dates on which and the post-office money-order offices at which the instalments in respect thereof are payable; and
(4.) The amount of the instalments payable.
57.Act to be posted at post-offices. List of pensioners. Copies of this Act shall be posted at the several post-offices in the colony, and a list containing the names of the pensioners whose instalments are paid at any post-office shall be kept thereat, and the same shall on application be open to inspection on payment of the fee of one shilling.
58.
Payment of imprest money into Post Office Account. The Colonial Treasurer shall from time to time, without further appropriation than this Act, pay out of the Consolidated Fund into the Post Office Account, by way of imprest, whatever moneys are necessary in order to enable the instalments specified in such schedules to be paid out of such account, and the Postmaster-General shall thereupon pay such instalments accordingly:

Provided that this section shall continue in operation until the fourteenth day after the close of the second session of the now next succeeding Parliament, but no longer.

page 12
59.Return by Postmaster-General of all payments made. The Postmaster-General shall, at such periodical intervals, as are from time to time arranged between him and the Colonial Treasurer, furnish to the Registrar a statement showing for each such interval—
(1.) The balance of the aforesaid imprest moneys in the Post Office Account at the commencement and also at the close of such interval;
(2.) The instalments paid;
(3.) The pensioners to whom such instalments were paid; and
(4.) Such other particulars as are prescribed.
60.Registrar to certify same for payment. The Registrar, after satisfying himself that such statement is correct, shall certify to the accuracy thereof, and forward it to the Colonial Treasurer.
61.Expenses of administration. All expenses incurred in administering this Act (other than the payment of pensions) shall be payable out of moneys to be from time to time appropriated by Parliament.
62.Annual statement to be laid before Parliament. The Colonial Treasurer shall, within thirty days after the close of each financial year ending the thirty-first day of March, prepare and lay before Parliament, if sitting, or, if not sitting, then within fourteen days after the commencement of the next session, a statement showing for such year—
(1.) The total amount paid under this Act in respect of pensions;
(2.) The total amount so paid in respect of other than pensions;
(3.) The total number of pensioners;
(4.) The total amount of absolutely forfeited instalments; and
(5.) Such other particulars as are prescribed.
63.
(1.)Regulations. The Governor may from time to time make such regulations as he thinks necessary for any purpose for which regulations are contemplated or required, and, generally, for carrying out the intention of this Act.
(2.) Such regulations shall be laid on the table of the House of Representatives within ten days after the commencement of each session, and referred to such sessional Committee for report as the House directs.
64.To whom Act not to apply. This Act, in so far as it provides for the grant of pensions, shall not apply to—
(1.) Aboriginal natives of New Zealand to whom moneys other than pensions are paid out of the sums appropriated for Native purposes by "The Civil List Act, 1863"; nor to
(2.) Aliens; nor to
(3.) Naturalised subjects, except such as have been naturalised for the period of five years next preceding the date on which they establish their pension-claims; nor to
(4.) Chinese or other Asiatics, whether naturalised or not.
65.Act to apply to aboriginal natives of New Zealand. Subject to the provisions of subsection one of the last-preceding section hereof, this Act shall apply to aboriginal natives Proviso. of New Zealand: Provided that on the investigation of any such Native's pension-claim his evidence as to his age shall be required to be corroborated to the satisfaction of the Stipendiary Magistrate.
66.Rules for assessment of undetermined Native interests. In determining the claim of any aboriginal native, in so far as the same may be affected by rights or property held or enjoyed page 13otherwise than under defined legal title, the Stipendiary Magistrate shall be guided by the following rules:—
  • In respect of "income," any customary rights used or capable of being used in respect of land the title to which has not been ascertained, but which is enjoyed or is capable of enjoyment, shall be assessed and determined by such evidence and in such manner as the Stipendiary Magistrate shall in his discretion consider proper:
  • In respect of "accumulated property," the interest in land or other property held or enjoyed under Native custom, or in any way other than by defined legal title, shall be assessed and determined by the Stipendiary Magistrate in manner aforesaid, with the view of arriving as nearly as may be at a decision as to the net capital value thereof for the purposes of this Act, and the decision of the Stipendiary Magistrate thereon shall be final.
67.
(1.)Pensions granted subject to any amending Act. Every pension granted under this Act shall be deemed to be granted and shall be held subject to the provisions of any amending or repealing Act that may hereafter be passed, and no pensioner under this Act shall have any claim for compensation or otherwise by reason of his pension being affected by any such amending or repealing Act.
(2.) A notification of the last-preceding subsection hereof shall be printed on every pension-certificate.
68."Registration of People's Claims Act, 1896," repealed. "The Registration of People's Claims Act, 1896," is hereby repealed, and all pension-certificates issued thereunder are hereby cancelled; nor shall any fact proved, or entry made, or certificate issued thereunder be available for the purposes of this Act, anything in that Act to the contrary notwithstanding.