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Acts Affecting Native Lands, Etc. (In English and Maori), Passed by the General Assembly, Session 1892, 1893, 1897, 1898, 1899.
1899, No. 30. — An Act to further amend the Law relating to Native Land
1899, No. 30.
Title.An Act to further amend the Law relating to Native Land.
[24th October, 1899.
Be it Enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
| 1. | short Title. The Short Title of this Act is "The Native Land Laws Amendment Act, 1899." |
| 2. | Extended power as to orders permitting land to be mortgaged in certain cases. Subject to the provisions contained in section four of "The Native Land Laws Amendment Act, 1895," the Governor in Council, when making an order under the said section four for the purpose of permitting land to be mortgaged by the Native owner thereof, may except the said land from the operation of sections five and six of the said Act, or of any other enactment in force in New Zealand relating to Native lands or lands owned by Natives, so that the owner thereof may mortgage the same as fully and effectually and confer the same power of sale as if the land comprised in the mortgage were lawfully owned by a European. |
| 3. |
Restriction on alienation of Native or other lands. On and after the commencement of this Act Native land or land owned or held by Natives shall not be alienated to the Crown by way of sale.
Proviso. Provided that in any case where, at the commencement of this Act, any written contract or agreement for the purchase on behalf of Her Majesty of any such land as aforesaid has been entered into, such purchase may be completed in so far only as is necessary for the adjustment of boundaries and partition of the respective interests of the Crown and Native owners, anything hereinbefore contained to the contrary notwithstanding; and a certificate by the Minister of Native Affairs that any such contract or agreement has been so entered into shall be sufficient evidence of the fact.
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| 4. | Restriction under survey liens. In all cases in which a lien or charge by way of mortgage exists to secure the payment of the cost of survey of Native land, or page 2 land owned or held by Natives, and enforceable by sale or other alienation of the land affected, such sale or alienation shall not take place unless the Governor, by Order in Council, shall have first approved of such sale or alienation; but in all cases where the Surveyor General shall have certified that the charges and costs of such surveys are reasonable and just, and an Order in Council is refused, such lien or charge by way of mortgage shall, as provided by law, be taken over by the Crown. |
| 5. | Duration of Act. This Act shall remain in force only until ten days after the last day of the next session of Parliament. |