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

Division II. — Part I. — Alienation

Division II.
Part I
.
Alienation.

117.Dealings with Native land prohibited, except under certain circumstances. Except as hereinafter provided, it shall not be lawful for any person other than a person acting for or on behaif of the Crown, and under the written authority of a Minister of the Crown, to acquire any estate or interest in any land owned or held by a Native or Natives, except land owned by a Native or Natives which has been acquired by way of purchase, gift, or testamentary disposition from any person other than the Crown, or by purchase from the Crown:

Provided that nothmg in this Act shall preclude the leasing of land situate in the Middle Island, subject to confirmation under section fifty-three of this Act.

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118.Any peraon who may claim to have heretofore purehased Bonâ fide transactions may be completed under certain restrictions. or leased in accordance with law the share or interest of one or more out ol several owners of any block of land, or of any subdivision thereof, and to have been in treaty at or prior to the date of the passing of this Act for the purchase or lease of other shares therein, may within six months from the passing of this Act notify such claim to the Cormnissioner of Crown Lands for the district and to the Chief Judge, and the Chief Judge shall thereupon inquire into or refer such claim to a Judge to inquire into the circumstances thereof; and such Judge, if he shall be satisfied that there has been a purchase or lease as alleged, and that the transaction was bonâ fide, and that such person has been in negotiation for the purchase or lease of other shares in the said block or subdivision, shall give his certifocate to that effect, and thereupon any such person or any person claiming under him may, notwithstanding anything to the contrary contained in this Act, purchase or lease at any time within twelve months from the date of such certificate such of the remaining shares or interests in such block or subdivision as shall be speeified in the said certificate:

Provided that in the case of any block in respect to which it has been certified to, as in this section is provided, that one-half of the shares have been purohased or leased, the purchasor or lessee may agree with the remaining owners of shares to lease any of their shares or interests for any term not exceeding twenty-one years, though negotiations for the lease of the said shares or interests had not been commenced until after the passing of this Act:

Provided always that every such purchase or lease shall be confirmed under the provisions of section fifty-three of this Act:

Provided, further, that nothing herem contained shall be construed to enable the purchase of any freehold interest by a person who shall have received a certificate as aforesaid in respect of a lease only:

Provided, further, that the previsions of this section shall not apply to the lands described in the Second Sehedule of this Act, except in the case of leases for which the Trust Commissioner has given his certificate prior to the passing of this Act.

119.Nothing in sections five or seven of "The Native Lands Saving. Frauds Prevention Act 1881 Amendment Act, 1888," shall be deemed to have rendered invalid any lease of land not exceeding ten thousand acres, whether the instrument of title under which such land is held by the Native owners has been issued before or after the passing of the said Act.
120.Where a person has acquired from the owner.a valid lease Holders of valid lease may, under certain.circumatances, obtain renewal. for a term one-half of which shall have: expired on the fest day of January, one thousand eight hundred and ninety-five, and such person is in actual beneficial occupation of the land demised, it shall be lawful for him, if the owners consent, within one year of the passing of this Act, to obtain a renewai of his lease for the whole or part of the land the subject thereof for a further term not exceeding fourteen years, upon such terms as may be agreed on between the owners and the lessee, and be approved by a Judge of the Native Land Court: Provided no lease shall in all exceed the term of twenty-one years page 28from the first day of January, one thousand eight hundred and ninety-five, and provided that leases under "The Native Reserves Act, 1882," may be included in the provisions of this section.
121.Saving of existing rights. Nothing in this Act contained shall render nugatory any power of sale in any existing mortgage, or under any existing decree, judgment, or charging order, or prevent the completion of any existing contract for the sale, lease, or purchase of land, but the same shall have effect as if this Act had not been passed.