Native Land Act 1888
Native Land Act 1888
Native Land Act 1888
Public Act |
1888 No 36 |
|
Date of assent |
30 August 1888 |
|
Contents
An Act to repeal “The Native Land Administration Act, 1886,”
and to make Provision in lieu thereof.
Preamble.
WHEREAS it is desirable to amend the laws relating to Native lands:
Be it 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 is “The Native Land Act, 1888.”
2 Interpretation.
In this Act,—
“Native” means an aboriginal native of New Zealand, and includes half-castes and their descendants.
“Land” includes all land held by Natives under any title except under their customs or usages.
3 Native Land Administration Act repealed.
“The Native Land Administration Act, 1886,”
is hereby repealed: Provided that the renewal of a lease heretofore made on the faith of section twenty-seven of the said repealed Act shall be as effectual as if section two of the said repealed Act had not contained the following paragraph, namely, “Only sections thirty-two and thirty-three of this Act shall apply to land now the subject of a lease for an outstanding term during the continuance of such term.”
4 How Natives may alienate their land.
Subject to the provisions of “The Native Lands Frauds Prevention Act, 1881,”
and of “The Native Lands Frauds Prevention Act 1881 Amendment Act, 1888,”
Natives may alienate and dispose of land or of any share or interest therein as they think fit.
5 Restrictions removed.
Existing restrictions on alienation may be removed or declared void by the Governor in Council on the application of a majority in number of the Native owners, and instruments containing such restrictions shall thereafter be read and construed as if the words imposing or recommending restrictions had been omitted therefrom.
Provided that nothing in this clause contained shall affect the validity or invalidity of any deed or document heretofore executed or signed, or any matter or thing done prior to the passing of this Act.
6 Alienated lands may be used for mining purposes.
All lands which, from the date of passing of this Act, may hereafter become alienated from Natives in any existing mining district, or in any district which may hereafter be proclaimed a mining district, shall be liable to be resumed for mining purposes by Her Majesty, on paying full compensation to the licensee, lessee, or owner of the fee-simple thereof, for the value, other than auriferous or argentiferous, of the land and improvements so resumed, upon the terms and conditions provided in “The Mining Act, 1886,”
or any amendments thereof.
7 Renewal of lease.
The renewal of a lease made under section twenty-seven of the said repealed Act shall be as effectual as if to the said section twenty-seven there had been added the following words: “Provided that when any such owner is under any disability it shall be lawful for the trustee of such owner, and be is hereby empowered to grant any such renewal.”
8 Application of Act.
This Act shall not apply to any lands under the management or subject to the control of the Public Trustee.