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

Paet IX. — Rights Of The Crown

Paet IX.
Rights Of The Crown.

76.Crown prerogative not affected. Nothing in this Act contained shall limit or affect the power of the Crown to purchase or acquire any estate, share, right, or interest in any land or Native land, nor the power of any Native to cede, sell, or transfer any such estate, share, rights, or interest to the Crown, and when the Crown claims to be interested under any deed, contract, or other document, the same shall, on production, be admitted as evidence, and have due effect given thereto, notwithstanding any law in force to the contrary.
77.Crown may be represented before Native Land Court. Any person or persons generally authorised by the Minister to represent the interests of the Crown before the Native Land Court, or specially authorised in any particular matter or matters, may, on behalf of the Crown, make any application and do every act, deed, matter, or thing which any person ciaiming an interest in any land or Native land may do under this Act, notwithstanding that the Crown may not claim an interest in the subject-matter of any such application, act, deed, matter, or thing.

Crown business before the Court shall be entitled to precedence.

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78.A Minister of the Crown may at any time cause application Application to define interest acquired by the Crown may be made to the Court. to be made to the Court to ascertain the interest, if any, acquired before or after the coming into operation of this Act by Her Majesty in any land, and in respect of such an application the Court shall have the powers and authorities it would have in respect of a matter within its ordinary jurisdiction, and may make such order thereon as it may deem fit.

Land by such order declared to have been acquired by Her Majesty shall, from the date of such order, or from such other date as the Court may direct, be deemed to be vested in Her Majesty for such estate as in such order mentioned. As to the residue, if any, of such land, the Court may make order declaring such residue to be the property of such of the owners of the land as shall be mentioned in such order, and the owners so mentioned shall thereon be owners of such residue, exclusive of any theretofore co-owners. Any such order may be registered under "The Deeds Registration Act, 1868," or "The Land Transfer Act, 1885," or dealt with in the same manner as an order made on partition under this Act, as the nature of the case may require.