New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95
1888, No. 39. An Act to provide for the Management of Real Estate belonging to Infants and Others of the Maori Race under Disability
1888, No. 39. An Act to provide for the Management of Real Estate belonging to Infants and Others of the Maori Race under Disability.
Be it Enacted by the General Assembly of New Zealand in Parliament assembled, and bv the authority of the same, as follows:—
1. | The Short Title of this Act is "The Maori Real EstateShort Title. Management Act, 1888." | ||||||||||||||||||||||||
2. |
In this Act, if not inconsistent with the context,Interpretation.—
"Native" means an aboriginal native of New Zealand, and includes half-castes and their descendants: "Trustees" mean Trustees appointed pursuant to this Act or "The Maori Real Estate Management Act, 1867," whether original or substituted, and include the survivor of them: "Hereditaments" mean land owned by Natives and anyestate therein, but does not include land held by Natives under the customs or usages the title whereto has not been investigated by the Native Land Court: "Trust estate" means hereditaments accrued to a Native under disability: "Court" means the Native Land Court of New Zealand: "Judge" and "Chief Judge" mean respectively a Judge or the Chief Judge of the Court. |
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3. |
If title to hereditaments accrue to a Native being an infant,Court may appoint Trustees. a lunatic, or being under other disability, the Court may order that such hereditaments shall be vested in Trustees to be named in such order.
Such Trustees shall have the powers and be subject to the legalPowers of Trustees. incidents hereinafter expressed, or as such powers or incidents may be negatived or varied by the order.
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Powers may be negatived. The Court, in and by any such order, may negative or vary any of the powers and incidents aforesaid, and such variations may be expressed by reference to the number of sections or subsections of this Act.
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4. |
Appointment of new Trustee. Where it is made to appear to the Court mat it is expedient to appoint a new Trustee, the Court may, by order, appoint a new Trustee, either in substitution for or in addition to any existing Trustee and whether there be any existing Trustee or not at the time of making such order.
The person who upon making such order as last aforesaid shall be Trustee shall have all the right and powers as he would have had if appointed by the original order, and trust estate shall vest in him as if he had been appointed by the original order. |
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5. |
Trustees may sell or lease. Trustees may sell and convey lease or let the trust estate or any part or parts thereof:
Provided that execution of a conveyance or lease by Trustees shall not be effectual until a Judge of the Supreme Court shall have indorsed upon the deed intended or purporting to be such conveyance or lease, either before or after execution by the Trustee, a minute of his approval of the terms of such sale or lease: Provided also that a lease other than a building lease shall not be for a term exceeding twenty-one years, and shall be without premium or foregift, or provision for renewal. |
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6. |
Purchase moneys to be paid to Public Trustee. Purchase-money becoming payable on sales by Trustees shall be paid to the credit of an account to be opened for the purpose by the Public Trustee, whose receipt alone shall be a good discharge to any person paying the same, or be accepted as evidence of payment by a Trust Commissioner.
Moneys paid to the credit of such account shall not be paid out except with the assent of a Judge first obtained. |
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7. | General powers of Trustees. For the purposes and subject to the provisions of this Act Trustees shall have and may exercise the same rights and powers over trust estate as the owners thereof might if not under disability. | ||||||||||||||||||||||||
8. | On what Trustees may expend trust moneys. Trustees out of the rents and proceeds of trust estate may expend money for the following purposes with respect to the trust estate from whence the same shall arise, and may exercise the following powers:—
With the sanction of the Court previously obtained, Trustees may do any other act necessary or desirable for the preservation, maintenance, or improvement of the trust estate. page 35 |
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9. | Trustees for the time being may do the following things:—
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10. | Trustees' receipt effectual. The receipt in writing of Trustees for money payable to them as such Trustees shall be a sufficient discharge for the money therein expressed to be received, and shall effectually exonerate the persons paying the same from seeing to the application thereof, or from being answerable for anv loss or misapplication thereof. | ||||||||||||||||||||||||
11. | Trustee chargeable for his own acts only. A Trustee shall be chargeable for such moneys only as he shall actually have received, although he shall have joined in any receipt for moneys received by any co-Trustee, and shall not be answerable for the act of any co-Trustee, or for any loss which may arise by reason of any trust moneys being deposited in the hands of any banker or agent, or form the insufficiency or deficiency of any security upon page 37which the trust moneys or any part thereof may be invested, or for any loss in the execution of the trust, unless the same shall happen through his own wilful neglect or default. | ||||||||||||||||||||||||
12. | Upon the application by petition to the Supreme Court orApplication to Supreme Court. any Judge thereof of any person making claim to the trust estate or any part thereof, or the proceeds thereof, or to the securities whereon any such rents, interest, or proceeds shall be invested, or any part thereof, or to any estate or interest therein, the Supreme Court or such Judge may, in a summary way, make such order for the vesting of the said hereditaments, or for the distribution of the trust funds, or for the investment thereof, or payment of the interest and proceeds thereof or any part thereof, or any such other order relating thereto, or the rights or interests of the several parties thereto or therein as to the Supreme Court or such Judge thereof shall seem fit. |