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

Division I

page 1

Division I.

Analysis.

Title.
1.Short Title.

Part I.
Interpretation.

2.Interpretation.
3.Title "ascertained." Order "matured."

Part II.
Creation And Constitution Of Court.

4.Constitution of the Court.
5.Judges and Assessors.
6.Appointment of Judges and officers.
7.Commissioners.
8.Governor may appoint Deputy Chief Judge.
9.Tenure of office.
10.Salaries.
11.Records.
12.Registers.
13.Seal.

Part III.
Jurisdiction.

14.(1.) Investigation. (2.) Relative interests and partition. (3.) Exchange. (4.) Succession. (5.) Probate and administration. (6.) Restrictions on alienation. (7.) Claims under alienation. (8.) Confirmation of alienations. (9.) Restraining injuries to property. (10.) Native trusts. (11.) Apportionment. (12.) Costs. (13.) Trustees accounts. (14.) Power to vest land.

Extension of Jurisdiction.

15.Governor in Council may extend jurisdiction.

Part IV.
Practice And Procedure.

(1.) General.

16.Appointments of sitting. Adjournment.
17.Commencement of proceedings.
18.Judge shall be assisted by Assessor in certain cases.
19.Change of Judge or Assessor.
20.Appearance by counsel or agent.

(2.) Evidence.

21.Testimony and evidence.
22.Witnesses may be summoned.
23.Penalty for disobedience.
24.Witness in custody.
25.Evidence may be taken before another Judge.
26.Affidavits and affirmations.
27.Authority to valuer.

(3.) Judgment Orders.

28.Judgment, &c. by order.
29.Chief Judge to sign for retired Judge.
30.Order may be registered.
31.Date of effect of order.
32.Order in name of deceased Native.
33.Extension of time.
34.Plan or description of land in order.
35.Orders for payment of money, &c., may be filed in Supreme Court.
36.Infant's age to be stated.
37.Amendments of statement.

(4.) Amendment.

38.General.
39.Amendment after title ascertained.
40.Amendment on report of surveyor.

Part V.
Special Provisions Affecting Various Matters
as to which jurisdiction is conferred by
this Act.

(1.) Partition.

41.Partition order to claimant deemed to be confirmed.
42.Date of deed for stamp duty.
43.Trusts for Native under disability to continue.

(2.) Exchange.

44.Conditions of exchange.
45.Effects of exchange order.

(3) Succession, Probate, and Administration.

46.Devise of land subject to successor's right.
47.Infant Native incapable of making will.
48.Devise sufficient without succession orders.
49.Title under succession orders.
50.Public Trustee to be trustee for minor successors in certain cases.
51.Exclusive jurisdiction in probate and administration, and discretion in granting same.

(4.) Restrictions on Alienation.

52.Restrictions, how removed.

(5.) Confirmation of Alienations.

53.Court to be satisfied that alienation valid.
54.Court may dispense with formal execution.
55.Confirmation necessary to registration.
56.Confirmation of deeds heretofore executed.
57.Effect of indorsement by Trust Commissioner on instrument.

(6.) Native Trusts.

58.Beneficiaries under Native trusts to take subject to lease, mortgage, or contract.
page 2

(7.) Apportionment.

59.Native lessors entitled in equal shares until relative interests determined. Rents may be paid to Public Trustee.
60.Public Trustee may pay on order.

Part VI.
Survey.

61.Judge may authorise survey of land.
62.Surveyor-General may authorise survey of Native land.
63.Surveyor may enter on any land or Native land.
64.Penalty for obstructing surveyor.
65.Mode of securing payment of survey fees.
66.Interest on cost of surveys.
67.Survey fees may be protected.
68.Survey charges may be paid into Public Trust Office.

PART VII.

Private Roads.

69.Court may grant rights of private road.

Public Roads.

70.Power to take land for roads.
71.What land may not be taken for roads.
72.Roads to vest in Her Majesty. When road runs along boundary between European and Maori land such road to be taken equally from both.

Part VIII.

All Titles to Land to be Under the Land Transfer Act.

73.Customary land to be held in fee-simple, and be subject to Land Transfer Act. Confirmation of alleged alienation. Certificates of title. Provisional register. Lands held under deed registered in Native Land Court. Persons entitled to certificates of title. Tenants in common. Alterations in mode of registration. Questions of title to be referred to Native Land Court. Certificate of title may be antivested.

Supplementary.

74.Effect of dealing with undivided share.
75.Joint tenancy by Natives abolished.

Part IX.
Rights of the Crown

76.Crown prerogative not affected.
77.Crown may be represented before Native Land Court.
78.Application to define interest acquired by the Crown may be made to the Court.

Part X.
Appeal.

79.Native Appellate Court.
80.Officers.
81.Jurisdiction.
82.Notice of appeal.
83.To be in writing.
84.Time for appealing.
85.Security.
86.Grounds of appeal.
87.Appeal on grounds only.
88.Constitution of Court.
89.Sittings of Court.
90.Order of Appellate Court.
91.Saving as to rehearing.
92.Appellate Court may state case for opinion of the Supreme Court.
93.Finality.
94.Rehearing, application for, not yet disposed of.
95.Appellate Court may associate an Assessor with itself.

Part XI.
Reference from Supreme Court.

96.Supreme Court may refer question of Native custom or fact.
97.Opinion of Native Land Court.
98.Supreme Court may refer back.
99.Procedure.
100.Opinion of Court or Appellate Court binding.

Part XII.
Rules and Regulations.

101.Rules and regulations.
102.Fees to be paid to Public Account.

Part XIII.
Miscellaneous.

(1.) Interpreters.

103.Governor may license interpreters.
104.Governor may suspend or remove interpreter.
105.Penalty for acting as a licensed interpreter.

(2.) Stopping Supply of Liquor to Natives.

106.Judge may order supply of liquor to be stopped.
107.Penalty for disobeying order.

(3.) Moneys of Natives under Disability.

108.Court may order Public Trustee to pay out moneys.
109.Chief Judge may vary trust.

(4.) Chattels Transfer.

110.Execution of instruments.

(5.) Offences.

111.Court may order prosecution for perjury.
112.Penalty for insulting Judge or officers of Court.
113.Mode of imposing penalty.

Part XIV.
Repeal.

114.Repeal.
115.Time limited by repealed Act to continue to run.
116.Reference to repealed Act.