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

Miscellaneous

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Miscellaneous.

70.Interest of lessee in land acquired by the Crown may be determined. When any land heretofore acquired, or hereafter to be acquired, by the Crown from Natives is subject to any valid and duly-registered lease, and is required for purposes of settlement, the Minister of Lands may require the Board of Land Purchase Commissioners to report thereon; and upon the recommendation of the Board the Governor may, by Order in Council, absolutely determine such lease either as to the whole or any part of the land, and the Crown shall at any time after the expiration of six months from the date of the gazetting of such Order in Council be entitled to enter into possession of such land, subject only to payment of such compensation as may be agreed on between the Minister of Lands and the persons entitled thereto; or, in default Compensation to lessee, how to be ascertained. of such agreement, the amount of compensation, and the person or persons to whom such compensation is payable, shall be determined in the manner provided by "The Public Works Act, page 131894," in the case of land taken for a Government work, and shall include the value of the goodwill of such lease, and the full value of improvements on the land: Provided that, where such lease is determined When part only taken, lessee may require lease to be determined as to the whole of the land. in respect of only part of the land comprised therein, the lessee, by notice in writing given to the Minister of Lands within twenty-eight days after the gazetting of the aforesaid Order in Council, may require the lease to be determined as to the residue of the land, and in such case the Governor, by Order in Council, shall determine the same, whereupon the foregoing provisions as to compensation shall apply to such residue.
71.Any lessee or other person holding moneys belonging to In case of dispute, money belonging to Natives may be paid to Public Trustee. Natives, and being unable to pay such moneys by reason of any doubt or dispute as to who are the persons entitled to receive the same, may by leave of the Court, or a Judge, pay such moneys to the Public Trustee, whose receipt shall be a sufficient discharge to the person paying the same. Payment of rent by a lessee under the provisions of this section shall be deemed a payment made in accordance with the terms of the lease. Such payment may be authorised as aforesaid in respect of rent to accrue due during the currency of the lease as well as of rent already due.
72.The Public Trustee shall hold such moneys subject to the Public Trustee to hold money subject to order of the Court. order of the Court, for the benefit of and to be payable to such persons as the Court shall by order from time to time direct: Provided that any lessee availing himself of this provision shall be chargeable with commission at the rate of two pounds per centum on all moneys paid by him to the Public Trustee, which charge shall be levied as a fee of the Public Trust Office. All orders heretofore made under section ten of "The Native Land Court Act 1886 Amendment Act, 1888," are hereby annulled as from the date hereof. The proviso to section fifty-nine of the Act is hereby repealed.
73.Section three of "The Native Land (Validation of Titles) "Native Land (Validation of Titles) Act Amendment Act, 1894," section 3, amended. Act Amendment Act, 1894," is hereby amended by striking out the words "being a barrister or barristers of the Supreme Court of New Zealand," and by adding to the said section the following proviso:—

"Provided that any person party to any case before the said Court may, by notice in writing to the Registrar, not later than fourteen days before the sitting of the Court, require that such case shall be heard before a Judge being a barrister or solicitor of the Supreme Court of New Zealand."
74.Section six of "The Native Land (Validation of Titles) Act Section 6 of "The Native Land (Validation of Titles) Act Amendment Act, 1894," repealed. Amendment Act, 1894," is hereby repealed.
75.The Validation Court under "The Native Land (Validation of Titles) The Validation Court may remit fines payable in respect of stamp duties on deeds. Act, 1893," may remit in whole or in part any fines payable in respect of stamp duties on deeds evidencing transactions the subject of validation.
76.Every salaried officer holding an appointment as Clerk or Clerk or Interpreter in Native Land Court may act as such in Validation Court. Interpreter to the Native Land Court shall, by virtue of such appointment, be eligible to act in the like capacity, or the same officer may act in both such capacities, in the Validation Court, and no appointment by the Governor shall be necessary, anything in "The Native Land (Validation of Titles) Act, 1893," to the contrary notwithstanding.page 14
77.When applications under section 118 treated as abandoned. All applications under section one hundred and eighteen of the Act in respect whereof the applicant shall have failed to pay the required fees, and to comply with the regulations, within one month from the date of the passing of this Act, shall he deemed to have been abandoned by the applicant, and shall be dealt with accordingly.
78."Owhaoko and Kai-manawa-Oruama-tua Reinvestigation of Title Act, 1886," section 2, amended. Section two of "The Owhaoko and Kaimanawa-Oruamatua Reinvestigation of Title Act, 1886," shall be read and construed as if the words "The Native Land Court Act, 1886," had been used in the last line thereof instead of "The Native Land Court Act, 1880": Provided that the foregoing amendment shall not operate to the prejudice of any right at present existing.
79."Native Land (Validation of Titles) Act, 1892," confirmation of acts done under. All acts done and orders made by any Judge of the Native Land Court, purporting to have been done or made under "The Native Land (Validation of Titles) Act, 1892," and "The Native Land Court Certificates Confirmation Act, 1893," or under either of the said Acts, shall be as valid and effectual as if such Judge had been duly authorised to exercise jurisdiction under the said first-mentioned Act in terms of section fifteen thereof.
80.Maori Real Estate Management Acts, 1867 and 1888, amended. Notwithstanding any provision to the contrary contained in "The Maori Real Estate Management Act, 1867," or "The Maori Real Estate Management Act, 1888," any real or personal estate heretofore vested in any trustee, either original or substituted, appointed under either of the said Acts shall vest and shall be deemed to have vested, without any conveyance or assignment thereof, in the cestui qui Estate of cestui qui trustent to vest without conveyance on attaining majority. trustent (if not otherwise under disability) on whose behalf the estate was held, on their respectively attaining the age of twenty-one years; and for this purpose the definition of the term "hereditaments" in the said Acts respectively shall be deemed to have included land held under memorial of ownership or certificate of title under any Native Land Act: Provided that nothing herein contained shall prejudicially affect any right or title already acquired.
81.Time within which application to be made for probate or administration. No will or testamentary disposition by a Native deceased shall avail as against the title of any person who shall have acquired for valuable consideration any estate or interest from any person found by the Court to be entitled as successor to such Native, unless application for probate or administration with will annexed shall have been made within three months from the date of the death of the testator; nor shall any application for probate or administration with will annexed be received after the expiration of two years from the death of the testator.
82.Rangipo-Waiu and Motukawa Nos. 1 and 2 Blocks. Section two of "The Native Lands Claims and Boundaries Adjustment and Titles Empowering Act, 1894," is hereby repealed, and the following section substituted in lieu thereof:—
Certificate of title corrected and boundaries adjusted. "The Native Land Court certificate of title issued for the Rangipo-Waiu Block, on the thirteenth day of April, one thousand eight hundred and eighty-two, is hereby declared void as to those portions of Motukawa Number One and Motukawa Number Two Blocks, containing respectively six hundred and twenty-four acres and seven hundred and ninety acres, more or less, erroneously included therein, as appears on the record maps of the District Lands and Survey Office, Wellington, and on the said certificate of title respectively: Provided always that the said areas of six hundred and twenty-four acres and page 15seven hundred, and ninety acres shall not vest in the owners of the Motukawa Number One and Motukawa Number Two Blocks respectively for any purpose whatsoever other than sale to Her Majesty or partition by the Native Land Court, before the expiration of the lease to John Studholme and Thomas Morrin of the said Rangipo-Waiu Block, on the thirty-first day of May, one thousand nine hundred and two, and shall in the meantime for all other purposes be deemed to be a portion of and included in the said Rangipo-Waiu Block, and to be subject to the lease aforesaid. The boundaries between the said Motukawa Number One and Motukawa Number Two Blocks are hereby adjusted in accordance with the descriptions set out in the Second Schedule to this Act, and the Chief Judge is hereby empowered to Chief Judge empowered to amend in accordance with this Act. amend the titles of the said several blocks in accordance with the provisions of this section.
83.Nothing in the Act or this Act contained shall operate to Mortgages executed prior to passing of the Act may be renewed. prevent any Native or Natives from renewing any mortgage existing over his or their land prior to the passing of the Act, nor from raising upon mortgage any sum of money required for discharging any mortgage which he or they may have executed before the passing of the Act: Provided always that every such mortgage shall be subject to inquiry and confirmation by the Court in manner provided by the Act.
84.The Public Trustee may advance money to corporate body of Native owners to utilise lands of the corporation. With respect to every corporate body of Native owners of land created under any public or private Act for the time being in force, the following provisions shall apply, anything in such public or private Acts to the contrary notwithstanding:—
(1.)For the purpose of providing funds wherewith to road, survey, and generally open up for sale, lease, or to utilise the lands of the corporation, it shall be lawful for the Public Trustee, out of any moneys standing to the credit of the Public Trustee's Account or otherwise, to raise from time to time such sums as the committee, with the consent of a majority of the proprietors in general meeting, may recommend, or such less sums as he may think fit; and all such sums so advanced shall be a charge upon and over the lands of the corporation for which such sums are advanced respectively, or the present and future rents, issues, and profits of the said lands, and the proceeds of sale thereof.
(2.)All such loans shall be raised from such Repayment of loans advanced by Public Trustee. sources, in such manner, and on such terms as to payment of principal, interest, sinking fund, and otherwise, as the Public Trustee may think fit. All sinking funds shall be held and invested by the Public Trustee.

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