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

Part III. — Jurisdiction

Part III.
Jurisdiction.

14.Subject as hereinafter mentioned the Court shall have jurisdiction,—
(1.)Investigation. To investigate the title to and ascertain and determine the owners according to Native custom of any Native land:page 7
(2.)Relative interests and partition. To determine the relative interests in any land of the persons entitled thereto, and to partition any land among such persons:
(3.)Exchange. To effect an exchange between Natives of any land owned by them, also, on application of the Governor, to effect an exchange of lands between Natives and the Crown:
(4.)Succession. To determine any successor:
(5.)Probate and administration. To grant probate of the will and letters of administration of the estate and effects of any Native now dead, or who shall hereafter die:
(6.)Restrictions on alienation. To render any land inalienable, or to impose such limited restrictions on the alienation of any land as the Court may think fit, ana subject as hereinafter provided to vary or remove any restrictions:
(7.)Claims under alienation. To determine all claims to land based on any alienation heretofore or hereafter to be made by a Native, and all questions arising between conflicting claimants:
(8.)Confirmation of alienations. To confirm anv alienation of land made by a Native:
(9.)Restraining injuries to property. To restrain any person from injuring or damaging or dealing with any property the subject-matter of any application to the Court:
(10.)
Native trusts. To determine whether or not any land heretofore dealt with by the Court, of which there has been no alienation other than a lease, mortgage, or contract for sale, upon which the purchase-money has not been paid, was, on the investigation of title thereto, or partition thereof, intended by the Native Land Court, or by the nominal owner or owners of such land (whether such nominal owner or owners be a tribe, hapu, or section thereof respectively, or a definite individual or individuals), to be held by the nominal owner or owners in trust for Natives not named in the title to such land; and to determine who are the Natives, if any, entitled beneficially to any land so held in trust, and to order the inclusion of such Natives in the title, either together with or in lieu of the nominal owners, and for the purpose aforesaid to order the cancellation or amendment of any existing instrument of title and the issue of such new Crown grants, or other instruments of title as may be necessary:

Provided that the Court shall not proceed to exercise this jurisdiction unless the Governor in Council shall by order authorise the same to be done:

No order of the Court hereunder shall take effect until fourteen days after the same has been laid before both Houses of the General Assembly, if the General Assembly be then sitting; and if not then sitting, then not until fourteen days from the commencement of the then next sitting thereof:

Provided that this subsection shall not apply to any Native reserve which has or may become vested in the Public Trustee under the operation of "The West Coast Settlement Reserves Act, 1881," or "The Native Reserves page 8Act, 1882," or "The Westland and Nelson Native Reserves Act, 1887," respectively, nor to confiscated lands which have been granted or agreed to be granted by the Crown under any special statutory provision, nor to lands where any share or interest in such lands has heretofore been lawfully sold, conveyed, or transferred:

(11.)Apportionment. To apportion among the owners, or some of them, the rents payable under any lease of any land, and for the purposes of any partition to negative, modify, or apportion any of the express or implied provisions of any such lease as aforesaid as to any parcel or parcels, or as to the whole of such land:
(12.)Costs. To award such sum as may seem just for costs, including costs of professional assistance, to or against any person appearing or represented before it in any proceeding; and to order any party to a proceeding, at any stage thereof, to deposit any sum of money as security for costs, and to dispose of any sum so deposited as to the Court may seem just: and
(13.)Trustees' accounts. To order any person, other than the Public Trustee, hereto-fore or hereafter to be appointed a trustee of any land belonging to any Native, to furnish an account of his trusteeship, and, on examination and investigation thereof by the Court, with or without the assistance of an accountant, to order the payment by such trustee of such sum or sums of money to such person or persons, and on such terms, as may seem just:
(14.)Power to vest land. By order to vest land in any person whom, in the exercise of the powers aforesaid, it determines to be entitled thereto, and generally to do all acts and things necessary to the effectual exercise of the jurisdiction conferred upon the Court by this Act.

Extension of Jurisdiction.

15.Governor in Council may extend jurisdiction. The Governor in Council may, by Order, from time to time confer upon the Court, as effectually as if the same were conferred by this Act, jurisdiction in any matter or question referred to in such Order exclusively affecting the rights of Natives in any real or personal property, and thereupon the Court and each Judge thereof shall have full jurisdiction and power in such matter to decide and make order as it may deem fit; and such decision or order, subject to the right of appeal as hereinafter provided, shall be valid and binding in law, and may be dealt with as nearly as may be in the same manner as an order of a similar nature made by the Court in exercise of the jurisdiction conferred upon it by this Act.