Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

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

Part I. — Interpretation

Part I.
Interpretation.

2.In this Act, if not inconsistent with the context,— Interpretation.
  • "Alienation" means any sale, lease, contract or other disposition, absolute or limited, mortgage, charge, lien, or encumbrance:
  • "Appellate Court" means the Native Appellate Court constituted by this Act:
  • "Appeal" means appeal to the said Court:
  • "Certified plan" means a plan certified by the Chief Surveyor of any district as correct for the purposes of the Land Transfer Acts:
  • "Chief Judge" means the Chief Judge of the Native Land Court:
  • "Claimant" means any person claiming to have acquired any land or parcel of land, or any estate or interest therein respectively, under an alienation:
  • "Court" means the Native Land Court:
  • "Crown grant" includes certificate of title under "The Land Transfer Act, 1870," or "The Land Transfer Act, 1885":
  • "Commissioner" means any Stipendiary Magistrate appointed a Commissioner for the purposes of this Act:
  • "Confirm any alienation" means decide, upon inquiry in open Court, that any alienation is in accordance with the statute law regulating alienations by Natives, and that the consideration therefor has been duly paid or given:
  • "Confirmation order" means an order made on such inquiry:
  • "Customary land" means land which immediately before the coming into operation of this Act is owned by Natives under their customs and usages, the owners whereof have been ascertained by the Court or other duly-constituted authority:
  • "Deed" includes a memorandum or document executed, before or after the coming into operation of this Act, in the page 4manner prescribed by the law in force at the time of its execution, and purporting or intended to effect an alienation, whether registration is necessary to give complete effect to such alienation or not:
  • "District Land Registrar" means District Land Registrar for the district within which the land is situated:
  • "European" means a person other than a Native:
  • "Half-caste" includes the descendant of a half-caste:
  • "Judge" means a Judge of the Court, and includes the Chief Judge and a Commissioner appointed under section seven of this Act:
  • "Land" means any land in the colony (other than Native land) owned or held by Natives, or by Natives and Europeans jointly, under any class of title, and includes any estate, right, or interest therein:
  • "Land Transfer Act" means "The Land Transfer Act, 1885," and the amendments thereof:
  • "Minister" means the Minister of Native Affairs:
  • "Mortgage" includes charge, lien, and encumbrance:
  • "Native" means an aboriginal native of New Zealand, and includes half-castes and their descendants:
  • "Native land" means land in the colony owned by Natives under their customs or usages, the title whereto has not been ascertained by the Court or other duly-constituted authority as aforesaid:
  • "Order" means order of the Court in the form prescribed for any proceeding by rules made under this Act, or in any form approved by the Chief Judge, or to the effect thereof respectively, authenticated by the signature of a Judge and the seal of the Court:
  • "Owner" includes a grantee named in a Crown grant, a person registered as proprietor under the Land Transfer Act, a person named as owner in any memorial of ownership or certificate of title or order issued by the Native Land Court, a person registered in the Court under the provisions of the seventeenth section of "The Native Lands Act, 1867," a person found by any Court of competent jurisdiction to be beneficially interested under any trust, and any person taking under a will or declared to be the successor to a deceased owner:
  • "Parcel of land" or "parcel" means one of several parcels into which land may be partitioned, or Native land divided:
  • "Partition order" means a final order made on partition:
  • "Party" means any person or number of persons appearing to support or to oppose or to protect his or their interests in respect of any application made to or proceeding in or before the Court, and includes every applicant:
  • "Person" means any person whether Native or European, and includes a corporation:
  • "Penalty" includes imprisonment:
  • "Prescribed" means prescribed by rules or regulations made under this Act:page 5
  • "Provisional Register" means the Provisional Register under the Land Transfer Act:
  • "Registered," when used with reference to a deed, order, or other document affecting or purporting to affect title to land, means registered either in the Native Land Court, or under the Land Transfer Act, or "The Deeds Registration Act, 1868," according to the nature or condition of the title to the land affected or intended so to he by any such document:
  • "Registrar" means a Registrar of the Court, and includes a Deputy-Registrar:
  • "Succession order" means an order made determining a successor:
  • "Successor" means the person who, on the death of any Native, is, according to Native custom, or, if there he no Native custom applicable to any particular case, then according to the law of New Zealand, entitled to the interest of such Native in any land or personal property: "Surveyor-General," when used in this Act or in any order of the Court, means the person for the time being acting in the capacity of Surveyor-General for the colony, and includes the Assistant Surveyor-General:
  • "Surveyor" means a surveyor holding a certificate of competency under the hand of the Surveyor-General.
3.Title of any person or title to Native land, or to land, or to a Title "ascertained." parcel of land, or to personal property, shall be deemed to be "ascertained" under an order affecting the same respectively, and an order Order "matured." shall be deemed to have "matured," when—
(a.)The time within which notice of appeal may be given in respect thereof has elapsed without any such notice having been given; or
(b.)Where notice of appeal has been given, when the time within which a statement of the grounds of appeal is to be filed has elapsed without such statement having been filed; or when
(c.)Final order is made on appeal.