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

Registration

Registration.

17.Every order heretofore made or hereafter to be made by the Persons entitled to land under orders of the Court may be registered as proprietors under Land Transfer Act. Court, under subsections two, three, or four of section fourteen of the Act, shall, if the land the subject of such order is subject to the pro-page 6visions of the Land Transfer Act, entitle the person named in such order as the owner of or entitled to such land to be registered as the proprietor thereof: Except as regards land acquired by the Crown, no partition order for land subject to the provisions of the Land Transfer Act shall be made otherwise than in favour of a registered proprietor.
18.If land not previously under Land Transfer Act, certificate of title to be issued. If the land the subject of any order under subsections two, three, or four aforesaid is not subject to the Land Transfer Act, but is land held under grant from the Crown, the person named in such order as the owner of or entitled to such land shall be entitled to a Land Transfer certificate of title for the same, subject to all registered encumbrances, liens, and interests; and the issue of such certificate shall, as to the land included therein, effectually cancel any existing Crown grant.
19.Orders under Tauranga District Lands Acts to confer right to registrationtion. Division or partition orders heretofore made affecting land awarded, or recommended to be awarded, to Natives under the provisions of "The Tauranga District Lands Act, 1867," and "The Tauranga Distriet Lands Act, 1868," and orders heretofore made in accordance with the provisions of section seven of "The Native Land Court Act 1886 Amendment Act, 1888," declaring the residue of any such land to be the property of Native owners, shall be as valid and effectual as if such land had at the time of the making of such order been held under Crown grant, or Land Transfer certificate of title; and the person or persons named in any such order as entitled to such land shall be entitled to a Crown grant or Land Transfer certificate of title for the same, as the case may be.
20.Cancellation of grants on subdivision under section 90 of "The Native Land Act, 1873." Where orders for the issue of Crown grants have been made on subdivision under section eighty-nine of "The Native Land Act, 1873," but the original grant has not been surrendered for cancellation as by the said section is required, the Court may by order adjudge such grant to be null and void, and the Secretary for Crown Lands shall thereupon cause an indorsement to that effect to be made on the record of such original grant, and such grant shall by virtue of such indorsement be deemed for all purposes of the subdivision to be effectually cancelled, as if the same had been duly surrendered and cancelled on the making of the said subdivision in terms of section ninety of the said "Native Land Act, 1873."
21.No warrant necessary for issue of Land Transfer certificate in lieu of Crown grant on orders of Native Land Court. No warrant other than the authority of this Act shall be necessary for the issue of a certificate of title under the provisions of the Land Transfer Act to and in the name of any person for land for which such person has, by virtue of any order of the Court, whether made before or after the passing of this Act, become entitled to a Crown grant or certificate of title, whether in lieu of grant or otherwise: Orders to be forwarded through Chief Judge. Provided that, in case of land not previously subject to the provisions of the Land Transfer Act, such order shall be forwarded to the District Land Registrar through the Chief Judge of the Court, who shall at the same time notify to such Registrar what instruments (if any) affecting the land the subject of such order have been registered in the office of the Native Land Court; and the Registrar shall, on issuing a certificate of title, make such entries on the Land Transfer Register as may be necessary for the protection of the rights of parties claiming under such registered instruments.page 7
22.Any lessee from a Native owner who, in order to obtain Lessee paying survey charges, &c., on behalf of Native owner may deduct same from rent. registration of his lease, shall have been compelled to pay the person entitled to receive the same any survey charges, Court fees, probate or succession duties, or other moneys properly payable by the Native owner and chargeable by law on the land the subject of such lease, shall be entitled to deduct the sums so paid from the rent payable by him under the lease: Provided that the amount to be deducted by the lessee in respect of any single payment reserved under such lease shall not exceed one-half the payment reserved, and so from time to time until the whole amount paid as aforesaid has been deducted or otherwise refunded.
23.A certificate under section sixty-seven of the Act may be Certificate under section 67 of the Act may be registered. registered against land under the provisions of "The Deeds Registration Act, 1868," and, except by order of the Court, no dealing with such land by any Native owner shall thereafter be registered until the amount certified to be due in respect thereof has been fully paid and satisfied.
24.No confirmation order shall be necessary to enable the registration Instrument validated under Native Land (Validation of Titles) Act may be registered. of any deed or imtrument which has been or hereafter shall be validated under the provisions of "The Native Land (Validation of Titles) Act, 1893."