Land Claims Arbitration Act 1867
Land Claims Arbitration Act 1867
Land Claims Arbitration Act 1867
Land Claims Arbitration Act 1867
Public Act |
1867 No 53 |
|
Date of assent |
10 October 1867 |
|
Contents
An Act to empower the Governor to submit certain land claims to arbitration.
Preamble.
Whereas James Busby of Waitangi in the Province of Auckland gentleman did in or about the year one thousand eight hundred and thirty-nine and at divers other times purchase from the Native chiefs of the North Island of New Zealand certain tracts of land at the Bay of Islands Ngunguru Whangarei and Waipu in the Province of Auckland in the said North Island of New Zealand for which said land he paid to the said Native chiefs large sums of money and gave other consideration for the same And whereas a considerable portion of the lands so purchased by the said James Busby as aforesaid have been sold by the Government to other persons whereby the said James Busby has been deprived of the same And whereas certain of the lands so purchased are withheld by the Government from the said James Busby and his title to others has been impaired by the Government And whereas other complications have arisen And whereas the said James Busby has special claims against the Crown of a nature which are distinct from the claims of any other persons whomsoever And whereas it is expedient that provision should be made for the final settlement of the said claims of the said James Busby in manner hereinafter mentioned
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows—
1 Short Title.
The Short Title of this Act shall be “The Land Claims Arbitration Act 1867.”
2 Reference to arbitration.
If within sixty days after the passing of this Act the said James Busby shall by a notice in writing signed by him and attested by two witnesses signify to the Colonial Secretary of the Colony of New Zealand for the time being that he is willing that his claims against the Crown in respect of the matters referred to in the preamble to this Act shall be finally settled it shall be lawful for the Governor any Act or Ordinance of the New Zealand Legislature notwithstanding and for the said James Busby to refer the said matters to arbitration in manner hereinafter mentioned.
3 Arbitrators to be chosen.
Within sixty days after such notice shall have been given by the said James Busby as aforesaid three indifferent persons shall be elected and chosen one by each of them the said James Busby and the said Colonial Secretary respectively and the third by the arbitrators so chosen and the award of the said arbitrators or of any two of them as the case may he shall be final and conclusive and shall not be set aside on any grounds whatever.
4 Judgment to go by default if arbitrator not appointed.
That if the said James Bushy or the said Colonial Secretary shall neglect or refuse to appoint an arbitrator pursuant to the foregoing provisions for sixty days after the other of them shall have appointed such arbitrator on his part and shall have served a written notice to make the same on the party so neglecting or refusing to make such appointment then the arbitrator appointed by the party serving such notice shall at the request of such party proceed to hear and determine the claims of the said James Busby and in such case the award of such arbitrator shall be final and conclusive and shall not be set aside on any grounds whatever.
5 Issue to be tried.
The only issues which shall be referred to and on which an award shall be made shall be
Is the said James Busby entitled to any and if any to what quantity of land in respect of his said claims at the Bay of Islands Ngunguru Whangarei and Waipu? And
Has the said James Busby suffered special damage in respect to any of the said claims?
6 Power to take evidence.
The said arbitrators or arbitrator as the case may he shall have power to examine witnesses on oath to determine by whom and in what manner the costs of the arbitration shall be paid and to receive and reject evidence at their or his discretion and shall also be at liberty to proceed ex parte in case the said James Busby or the said Colonial Secretary or his or their solicitors attorney or attorneys after sixty days’ notice shall at any time neglect or refuse to attend on the reference without having previously shown to the said arbitrators or arbitrator what they or he shall consider good and sufficient cause for omitting to attend.
7 Time and place of meeting.
It shall be lawful for the arbitrators or arbitrator acting under this Act from time to time to fix the time and place at which any meeting is to be held for the purposes of such arbitration.
8 Award.
Any award to be made pursuant to the provisions of this Act shall be made within six calendar months after the passing of this Act.
9 Crown Grant and Land Scrip to be issued.
It shall be lawful for the Governor in satisfaction of the award of the said arbitrators to issue to the said James Busby a Crown Grant or Crown Grants of any lands comprised within his original claims and remaining unsold and further to issue in respect of the aforesaid claims or damages such amount of Land Scrip in such form and for such sums as shall be awarded and directed by the said arbitrators which Land Scrip shall be received in payment for any lands to be selected by the said James Busby within the said Province of Auckland out of any lands open for sale or selection under the provisions of the laws for the time being in force within the said Province relating to the disposal of Waste Lands of the Crown.