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

Allenation

Allenation.

3.	Nothing in the Act contained shall preclude the alienation Land within limits of town district or borough, and blocks not exceeding 500 acres, excepted from operation of section 117 of the Act. of any land within the limits of any town district or borough, whether constituted before or after the passing of this Act; nor shall the Act preclude the alienation of any land heing the whole or part of a block or section not exceeding five hundred acres, the title to which as a separate holding has become ascertained by partition or otherwise prior to the passing of this Act: Provided that every such alienation shall be confirmed by the Court in manner provided in the Act: Provided also that this section shall not apply to land within the area defined by the Second Schedule to the Act.
4.	The Governor may by Order in Council except from the The Governor, by Order in Council, may except lands from operation of seotion 117 of the Act. operation of section one hundred and seventeen of the Act, for a limited period or otherwise, and either generally or for such purposes and subject to such restrictions as shall be in such Order specified, any land, wheresoever situate, which is for the time being subject to the operation of the said section, or any interest therein, or right over the same; or may in like manner make such exception in favour exclusively of any lessee or other person who has been bonâ fide in occupation of and has made improvements on such land, or has paid money to Native owners for lease or purchase thereof, prior to the passing of the Act: Provided that no Order in Council under Proviso. the provisions of this section shall take effect until after the expiration of two months from the date of the publication thereof in the Gazette: Provided also that every alienation under the provisions of this section shall be confirmed by the Court in terms of section fifty-three of the Act. A return of all applications for the issue of Orders in Council Return showing all applications to be laid before Parliament. under the provisions of this section, specifying such as have been granted and refused respectively, and, in case of refusal, the reasons for such refusal, shall be laid before both Houses of Parliament within thirty days after the commencement of each session.
5.	Before confirming any alienation under the provisions of sections Purchaser to make declaration in form in First Schedule. three and four of this Act, other than a mortgage, the Court shall require every person in whose favour such alienation is expressed to take effect to make and subscribe a declaration in the form in the First Schedule hereto, and no such alienation shall be confirmed No alienation to be confirmed by Court in favour of person holding more than a certain acreage. if made in favour of any person holding in fee-simple in the Colony of New Zealand, either in severalty or jointly with any other person or persons, a greater area, whether of first-, second-, or third-class land as defined by "The Land Act, 1892" (including the land the subject of such alienation), than would amount to six hundred and forty acres of first-class land, if computed on the basis of two thousand acres of second- or five thousand acres of third-class land being treated as equivalent to six hundred and forty acres of first-class land: Provided that such area may be composed of first-class, second-class, and third-class land, or any two of such classes, and shall be so determined that the acreage of each class, or all the classes combined, shall not exceed the prescribed maximum. Any person making a false declaration under the provisions of Penalty for false declaration. this section shall be guilty of a misdemeanour, and on conviction shall be liable to a penalty not exceeding two hundred pounds, or to page 4be imprisoned for any term not exceeding one year, with or without hard labour.
6.	Dealings with holders of more than legal acreage void. For the purpose of preventing evasions of the law, it is hereby declared that every dealing with land by the person in whose favour the alienation thereof has been confirmed as aforesaid, whether such dealing is by way of sale, mortgage, charge, lease, or otherwise howsoever, shall be absolutely void if made in favour of any person holding a greater acreage than that prescribed by the last-preeeding seetion in the case of the person in whose favour such alienation was confirmed.
7.	Restriction may be removed for purpose of lease without proof that lessor has other land. Any restriction on alienation removable under section fifty-two of the Act may be removed so far as to permit the making of a lease not exceeding twenty-one years from the date thereof without proof that the lessor has other land sufficient for his support, and any such lease may be confirmed by the Court without such proof as aforesaid, anything in the Act to the contrary notwithstanding: Provided that the Court shall be satisfied that the rent reserved is a fair rent, and that it is for the advantage of the Native owner that such lease should be confirmed. Orders in Council under "The Native Land Act, 1888," validated. All Orders in Council purporting to have been issued under the provisions of "The Native Land Act, 1888," for the purpose of removing any restriction since the passing of the Act, shall, notwithstanding the repeal of the said "Native Land Act, 1888," be valid and effectual.
8.	Sections 3 to 7 not to apply in certain cases. The provisions of sections three to seven inclusive of this Act shall not apply to alienations authorised under sections one hundred and eighteen or one hundred and twenty of the Act as amended by this Act.
9.	Sales by mortgagees to be by public auction. No land owned by a Native shall be sold under any power of sale in any mortgage, or by virtue of any judgment, decree, or charging order, exeept by public auction and to the highest Notice of intended sale to be given. bidder. Notice specifying the time and place of any intended sale shall be given in writing to the Commissioner of Crown Lands for the district, and published not less than three times in one or more newspapers circulating in the district; and no sale shall take place until after the expiration of three months from the publication and Sales under statutory provisions excepted. giving of such notices: Provided that this section shall not apply to sales by any public officer by virtue of, or in exereise of, any statutory provision or authority.
10.	Sale of land for payment of survey charges. No land shall be sold for payment of any survey charges until three months after the title to such land has become ascertained within the meaning of section three of the Act.
11.	Rights and remedies against land owned by Nativas in respect of debts incurred prior to passing of the Act to remain effectual. Nothing in the Act contained shall operate to defeat or prejudice any right or remedy which, but for the passing of the Act, any person might or would have against land owned by a Native in respect of any debt or liability incurred by such Native prior to the passing of the Act, but such right or remedy may be exercised as fully and effectually as if the Act had not been passed; nor shall anything in the Act contained preclude the acquisition by any person of land sold under process of law in exercise of any right or remedy as aforesaid: Provided that the Court shall, as regards the exercise of any such right or remedy, make all inquiries which before the page 5passing of the Act would have been required to be made by a Trust Commissioner in respect thereof, and may, if satisfied with the result of such inquiries, and that the sale is in accordance with the provisions of this Act, confirm such alienation. No person shall be debarred from the benefit of the foregoing provision by reason only that such person has, since the passing of the Act, taken or accepted any promissory note or other obligation or security, or has recovered judgment in any Court of law, in respect of any debt or liability as aforesaid.
12.	Section one hundred and seventeen of the Act shall not apply Title to land taken for railway construotion may be completed. to any transfer heretofore made, or hereafter to be made, to the Wellington and Manawatu Railway Company (Limited), for the purpose of completing the title of the company to land taken for railway construction under the provisions of "The Railways Construction and Land Act, 1881."