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A Compendium of Official Documents Relative to Native Affairs in the South Island. Volume Two.

No. 27. — Copy of an Act to remove doubts as to the sufficiency of a certain Order of Reference referring to the Native Land Court a certain agreement known as "The Ngaitahu Deed."

No. 27.
Copy of an Act to remove doubts as to the sufficiency of a certain Order of Reference referring to the Native Land Court a certain agreement known as "The Ngaitahu Deed."

Whereas by "The Native Lands Act, 1867," it is enacted that all Native land referred to in Section 83 of "The Native Lands Act, 1865," shall, unless the Governor otherwise direct, from time to time, in respect of any such land, be excluded from the operation of the said Act, and of "The Native Lands Act, 1867," until the 31st day of December, 1868: Provided that every such agreement between the owners of any such land, or other persons interested therein, on the one part, and officers duly authorized to enter into the same on behalf of Her Majesty, on the other part, may be referred by the Governor to the Court, and the Court shall thereupon investigate the title to and the interests in such land in the manner prescribed in the said Acts, and shall make such orders as it is by the said 83rd Section of "The Native Lands Act, 1865," empowered to make: And whereas by an Order of page 254Reference, bearing date the 28th day of April, 1868, and signed by the Hon. John Hall, a Member of the Executive Council of the Colony, as by command, and on behalf of the Governor, a certain agreement, made in the year 1848, and known as "The Ngaitahu Deed," made between certain persons owning land in the Middle. Island, being members of the Ngaitahu tribe, of the one part, and duly authorized officers of the Government on the other part, purporting to extinguish the Native Title to land comprised in the plan to the said Order annexed (being lands in the Provinces of Otago and Canterbury known as "The Ngaitahu Block"), save over such lands as were thereby stipulated should remain the property of such Native sellers, was referred to the Native Lands Court, and the Court thereupon proceeded to investigate the title to the said lands, and the interest therein, in the manner prescribed by the said Acts, and did make order according to the result of such investigation: And whereas doubts have arisen as to the technical sufficiency of the said Order of Reference:

Be it, therefore, enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows—

1. The short title of this Act shall be "The Ngaitahu Reference Validation Act, 1868."

2. The said Order of Reference, hereinbefore mentioned, shall be and be deemed to be and to have been as valid and effectual to all intents and purposes as if the same had been made by and given under the hand of the Governor, directing the said deed or agreement to be so referred; and the said deed or agreement known as "The Ngaitahu Deed," shall be deemed to have been a valid agreement for the extinguishment of the Native title and surrender to the Crown of the lands therein named and delineated on the plan annexed thereto, for all purposes of the said Order of Reference, and the orders made by the Native Land Court shall be and be deemed to be in final extinguishment of the Native title within the boundaries delineated on the said plan: Provided that nothing in the said orders of the Native Land Court or in this Act contained shall be deemed to extinguish the claims of any Natives in respect of promises made to them by any officer of the Government of schools, hospitals, and other advantages to induce such Natives to consent to the sale of the said Ngaitahu block.