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The Pamphlet Collection of Sir Robert Stout: Volume 67

Duties of Chief Commissioner

Duties of Chief Commissioner.

Chief Commissioner to have control of Native Land Titles Department

13. The person holding the office of Chief Commissioner and General Registrar of Native Land Titles shall have control of the "Native Land Titles Department" throughout the Colony of New Zealand.

General Register of Titles to be kept by Chief Commissioner

14. The Chief Commissioner shall keep in his office a book or books to be named "The General Register of Native Titles," in which shall be entered all Certificates of Title or orders made by any Commissioner appointed under this Act, also copies of any orders or Certificates of Title or Memorials of Ownership heretofore made by the Native Land Court, where the land or any part thereof the subject of such instrument has not been dealt with by sale or lease. The title relating to each District constituted under this Act shall be kept separate from that of any other District. There shall also be entered in a separate book, to be named the "Record of Native Grants," a duplicate of all Crown Grants prepared for the Governor's signature and when so signed, if any alterations or amendments have been made in any Grant, such alterations or amendments shall be inscribed in such duplicate.

Preparation of Crown Grants

15. The Chief Commissioner, on the receipt from any Commissioner of a Certificate of Title made under this Act, as hereinafter provided, shall forthwith prepare or cause to be prepared (except in the case of a certificate granted to a hapu under section 37 of this Act) a Crown grant in triplicate for the land the subject of such Certificate: One of such to be signed by the Governor, which shall be delivered to the owners mentioned therein; one copy to be deposited in the Registry of Deeds Office in the Provincial District within which the land comprised in such grant is situated; and the third to be transmitted to the Minister of Lands for the time being, for record in his Department. Provided also where Crown Grants are incomplete or have not been prepared in respect of any Order, Certificate of Title or Memorial of Ownership heretofore made by the Native Land Court it shall be lawful for the Chief Commissioner to cause the same to be completed or prepared in the manner above provided.

General Reference Map to be provided, also District Reference Maps, etc.

16. The Surveyor-General shall, immediately after the coming into operation of this Act, prepare or cause to be prepared, on a large scale, a Map of the North Island of New Zealand, to be known as the "General Reference Map," on which shall be shown all Districts constituted under this Act. Provided also that any Tribal boundary or boundaries which shall from time to time be fixed and determined by any Commissioner, as hereinafter provided, shall be entered thereon by some duly authorised surveyor. Hapu boundaries, when so fixed and determined, shall also be entered on such "General Reference Map" in like manner as above enacted.

The Surveyor-General shall in like manner prepare, on a large scale, a Map of each Provincial District in the Middle Island, to be page 39 known as the "Middle Island Reference Map," showing thereon all lands held by Natives under Crown Grant, or reserved for the use, maintenance, or benefit of Natives, within each such Provincial District. This shall he lodged in the Office of the Chief Commissioner.

The Surveyor-General shall in like manner prepare, or cause to be prepared, on a large scale, in duplicate, maps to be known by the name of "District Reference Maps" of each district constituted under this Act, and two certified copies thereof. One of such duplicate maps shall be filed of record in the Office of the Chief Commissioner, and the other shall be filed in the Office of the Commissioner of the District to which it relates. The copies thereof hereinbefore mentioned shall be used as office and working plans by the Chief and District Surveyor.

Every such "District Reference Map" shall contain the information and particulars following, viz.:—
(a.)The position of all natural features which have been ascertained and fixed within any district, such as mountains, ranges of hills, rivers, streams, lakes, and forests; also any known villages or settlements now occupied, or burial grounds now used by Natives, or any ancient settlements, fortifications, or burial grounds therein situate.
(b.)Such map shall show accurately all major and minor trigonometrical stations which have been established within each district, and the bearings and distances between the same; also where any surveyed Crown or other lands adjoin or abut on any "Native Land," the bearings and distances of all survey lines forming the boundary or boundaries thereof.
(c.)All Crown Lands which have been sold, leased, or otherwise disposed of. Provided that only the external boundaries thereof require to be shown on such map.
(d.)Crown Lands remaining unsold or unappropriated for any purposes. If it shall be doomed expedient for Public information and reference in any district, the Surveyor General may, in his discretion, indicate on such map the allotments or sections into which this class of land has been laid off or divided.
(e.)"Titled Lands" the title whereof has been ascertained and determined by the Native Land Court, or other tribunal.
(f.)"Titled Lands" which have been alienated by the owners by sale, lease, or otherwise, to persons other than the Government.
(g.)"Titled Lands" held by the owners, and not alienated to any person.
(h.)"Native Lands" held by Natives under Maori Usage and Custom, the title thereof has not been investigated, as certained, and determined.

Such District Reference Maps shall be certified to as being correct, and shall be signed by the Surveyor General personally.

17. The Chief Commissioner shall from time to time cause to be

Additions to be made to General and District Reference Maps

added to such General and District Reference Maps, such additional matters as shall be transmitted to him by any Commissioner, as hereinafter provided, and shall place on such map his certificate of such entry therein.
18. Any District Reference Map so prepared, certified, and filed

District Reference Map to be admissable in evidence

in the office of the Chief, or any Commissioner shall be admissable in evidence in any proceedings under this Act, or in any Court of Law within the Colony of Now Zealand, and anything contained therein page 40 so far as it refers to the matter under adjudication, or to any issue to be tried, shall be deemed to be conclusive evidence therein, and shall not be called into question.

Chief Commissioner may assist Commissioner in difficult eases

19. The Chief Commissioner may, in difficult or disputed cases, on the application of any Commissioner, proceed to any district to aid and assist such Commissioner in determining the question at issue or in dispute.

Regulations to be made

20. The Chief Commissioner may from time to time frame Rules and Regulations for the general conduct of business in his own department. And in like manner, at a meeting of Commissioners to be convened by him for that purpose, shall, with their assistance, frame Rules and Regulations for the general conduct of business in all the Districts constituted under this Act. Provided that no such Rules or Regulations shall come into operation until the assent of the Governor in Council shall have been first obtained thereto. Such Rules and Regulations may from time to time be annulled, altered, or amended, in, such manner as may appear to be necessary.

General Register of Titles to be kept by Chief Commissioner

21. The Commissioner shall keep in his office a book or books to be styled the "General Register of Titles," in which shall be entered all matters affecting Native Title within the district to which it relates And copies of all Orders, Certificates, and Certificates of Title, as from time to time made by a Commissioner, shall be inscribed therein.