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

No. 43. — The Native Lands Act, 1867

No. 43.
The Native Lands Act, 1867.

"An Act to amend 'The Native Lands Act, 1865," and to repeal 'The Native Lands Act, 1866,' and to make other provisions in lieu thereof."

[10th October, 1867.]

Analysis.

Title.
1.Short Title.
2.Repeal of "Native Lands Act, 1866."
3.Governor may sign by stamp.
4.Governor in Council may suspend Acts.
5.Notice of Court sitting to be published.
6.Governor to appoint Inspector of Surveys. All surveys to be certified.
7.Interpreters to be appointed by Governor or Chief Judge.
8.Court may order claimants to deposit money as security for costs.
9.Court empowered to make rules for reception of evidence given in case previously heard.
10.Notification in Gazette that Native Title had been extinguished to be received as conclusive proof that such Title had been extinguished.
11.Interpretation.
12.Certificates of Title to contain recitals.
13.Lands in Native reserves granted to be inalienable for more than twenty-one years.
14.Governor in Council may assent to alienation of land so granted.
15.Yearly rack rent to be reserved in all leases.
16.Judge empowered to sit with one assessor.
17.Recital of 23rd Section of the said Act. Under 23rd Section of the said Act interest of others besides claimant to be ascertained. Certificate may be ordered to any number of persons.
18.Certificates to be transmitted to Governor before issue.
19.Governor may issue grants at once on certificates.
20.Restrictions on the alienability of land.
21.Restriction to be indorsed on certificate.
22.Words "in such grant" substituted for "therein" in the second place where it occurs in the 46th Section of the said Act.
23.Word "one" substituted for "five" in the 50th Section of the said Act.
24.In 55th Section of said Act, doubts as to duties on leases settled.
25.Duties on first sales, &c., within what period payable. Penalty for not paying within specified period.
26.Registration of Deeds, &c.
27.Charge for examination of surveys.
28.Power to alter fees fixed by 62nd Section of the said Act.
29.Fees payable to valuers.
30.Fee to be payable for surveyors's license.
31.When surveyor's charges not paid, Crown Grant not to be registered.
32.Recital of 74th Section of the said Act. Conveyance by Native to European may be before Interpreter and any other person.
33.Native may consent to charge Native land claimed by him with money advanced for payment of costs of surveys, &c.
34.After instrument registered, Certificate of Title or Crown Grant not to be delivered to Native without consent of lender of the money.
35.If Native applies for Crown Grant, if lender does not consent, Court may make conditional order for delivery after execution of a mortgage to the lender.
36.Crown Grant and not Certificate of Title to issue where land charged with moneys borrowed for costs of surveys, &c.
37.Governor may refer to Native Land Court sub-divisions of and other matters relating to land given to Natives as compensation under New Zealand Settlements Acts, or under "The Confiscated Lands Act, 1867."
38.Native Lands subject to agreements in esse at time of passing "Native Lands Act, 1865," to be excluded from operation of Acts till 31st December, 1868, but agreements may be referred to Court by Governor.
39.As to lands granted by Crown in settlement of Native claims to fathers of children by Native women, Court may inquire into and determine claims of such children to succeed to such lands.
40.Governor may refer claims made to land in Manawatu Block.
41.Eighty-second Section of the said Act repealed as to land in Manawatu Block not included in Deed.
Schedules.

Order in Council fixing fees to be taken under the aforesaid Acts (Gazette, No. 21, April 20th, 1870). Duty chargeable on the first sale or disposal of land dealt with under "The Native Lands Act, 1865," and subsequent Acts in addition to the duties payable under the 55th Section of "The Native Lands Act, 1865" (New Zealand Gazette, No. 6, January 30th, 1868).