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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

[30th August, 1888

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[30th August, 1888.

Be It 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 is "The Native Lands FraudsShort Title. Prevention Act 1881 Amendment Act, 1888," and this Act shall be read and construed as part of "The Native Lands Frauds Prevention Act. 1881" (hereinafter called "the said Act").
2."Native land" and "land" in the said Act, and "land" inInterpretation. this Act include all land held by Natives under any title, except land held by Natives under their customs or usages, the title whereto has not been determined by the Native Land Court; and "Native land" in this Act includes only land held by Natives under their customs or usages, the title whereto has not been determined by the said Court.
3.A deed executed by a Native shall have no effect as a conveyance or lease by such Native of land, or of any estate therein, to a person not a Native unless—
(a.)A statement in the Maori language of the effect of such deed, certified as correct by a licensed interpreter, shall, before the document is signed by any Native, be indorsed on or form part of the document;
(b.)The effect of such statement shall be explained to each Native before signing the same;
(c.)The signature of each Native shall be attested by at least two witnesses, one of whom shall be a Judge or a Justice of the Peace, or a solicitor of the Supreme Court, or a Clerk of a Resident Magistrate's Court, or a postmaster, and page 28the other a male adult, who shall certify the date upon which such signature shall have been attached to such deed (none of whom shall be concerned in the transaction);
(d.)There shall be a plan of the land delineated on the document before it shall be signed by any Native.
Exception as to half-castes. Provided that a deed executed by a half-caste shall, as to such execution, only require to be executed with the formalities required by law in the case of a deed executed by a European, where, by a memorandum indorsed on such deed, it is certified by a Justice of the Peace that such half-caste has a knowledge of the English language sufficient to enable him to understand such deed.
4.
Duties of Trust Commissioner. Clauses six and fifteen of the said Act are hereby repealed, and in lieu thereof it is hereby enacted:—

Every Trust Commissioner shall hold a Court open to the public for the purpose of investigating cases that may be brought before him in accordance with the said Act and this Act, and with any rules made thereunder; and if, upon due inquiry, the Trust Commssioner is satisfied that the alienation is not invalid according to the true intent and meaning of the said Act and of this Act, that the consideration purporting to be paid or given has been paid or given, that the Natives interested in the land the subject of alienation have sufficient land left for their occupation and support, and that the instrument purporting to give effect to such alienation is executed with the formalities required by this Act he shall indorse on the principal or only instrument a certificate under his hand to that effect.

No deed or other instrument of alienation shall be registered in any registry of deeds or land, or lodged with a Native Land Court Registrar, without such indorsement.

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