Native Land Act 1931
Native Land Act 1931
Native Land Act 1931
Native Land Act 1931
Public Act |
1931 No 31 |
|
Date of assent |
11 November 1931 |
|
Contents
An Act to consolidate and amend the Law relating to Native Land.
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 and commencement.
1909, No. 15, s. 1
This Act may be cited as the Native Land Act, 1931, and shall come into operation on the first day of January, nineteen hundred and thirty-two.
2 Interpretation.
1909, No. 15, s. 2. 1920, No. 21, s. 26 1925, No. 40, s. 4 1928, No. 49, s. 5
In this Act, unless a contrary intention appears, —
“European land” means any land which has been alienated from the Crown for a subsisting estate in fee-simple, other than Native land:
“Crown land” means any land which has not been alienated from the Crown for a subsisting estate in fee-simple, other than Native land:
“Native land” means customary land or Native freehold land, as hereinafter defined:
“Customary land” means land which, being vested in the Crown, is held by Natives or the descendants of Natives under the customs and usages of the Maori people:
“Native freehold land” means land which, or any undivided share in which, is owned by a Native for a beneficial estate in fee-simple, whether legal or equitable: Provided that, except where otherwise expressly provided by this Act,—
(a)
European land shall not be deemed to become or to have become Native land within the meaning of this Act, but shall continue to be European land, although it, or an undivided share therein, becomes or has become, whether before or after the commencement of this Act, vested in any manner whatever in a Native for an estate in fee-simple:
(b)
Where any Native land is acquired by a Maori Land Board it shall be deemed to remain Native freehold land:
(c)
Crown land the fee-simple whereof is or has been, whether before or after the commencement of this Act, purchased from the Crown by a Native for a pecuniary consideration shall be deemed to be, and at all times thereafter to remain, European land, and not Native land; but an exchange of land, whether with or without a payment of money by way of equality of exchange, shall not be deemed to constitute a purchase for a pecuniary consideration:
(d)
Native land which has become subject to a contract of sale or to any other contract of alienation of the fee-simple thereof, made before or after the commencement of this Act, shall be deemed to remain Native land, notwithstanding that contract, until the contract has been completed by a transfer of the legal fee-simple:
“Native” means a person belonging to the aboriginal race of New Zealand, and includes a half-caste and a person intermediate in blood between half-castes and persons of pure descent from that race:
“European” means any person other than a Native, and includes a body corporate:
“Alienation” means, with respect to Native land, the making or grant of any transfer, sale, gift, lease, license, easement, profit, mortgage, charge, encumbrance, trust, or other disposition, whether absolute or limited, and whether legal or equitable (other than a disposition by will), of or affecting customary land or the legal or equitable fee-simple of freehold land, or of any share therein; and includes a contract to make any such alienation:
“Appellate Court” means the Native Appellate Court constituted by this Act:
“Court” means the Native Land Court constituted by this Act:
“Board” means a Maori Land Board constituted by this Act:
“Beneficial estate” or “beneficial interest”
does not include an estate or interest vested in any person by way of trust, mortgage, or charge:
“Chief Judge” means the Chief Judge of the Native Land Court:
“Landless Native” means a Native whose total beneficial interests in Native freehold land (whether as tenant in fee-simple or as tenant for life, and whether at law or in equity) are insufficient for his adequate maintenance:
“Lease” includes a tenancy at will, and any other tenancy which confers a leasehold interest upon the tenant, whether at law or in equity; and “sublease”
, “lessee”
, and “sublessee”
have meanings corresponding to that of “lease”
:
“Native reserve” means any land vested in the Native Trustee under the Native Reserves Act, 1882, or the West Coast Settlement Reserves Act, 1892, or the Westland and Nelson Native Reserves Act, 1887, or under any amendment of any of those Acts, or under any other Act in force at the commencement of this Act or thereafter passed whereby any land is expressly vested in the Public Trustee or the Native Trustee as a Native reserve:
“Order” means any order, judgment, decision, or determination of the Native Land Court or of the Appellate Court, and includes a refusal to make an order:
“State Loan Department” means—
(a)
The Public Trust Office;
(b)
The State Advances Office;
(c)
The Government Insurance Department;
(d)
The Native Trust Office;
(e)
A Maori Land Board;
(f)
The Rural Intermediate Credit Board;
(g)
Any other Department, person, or corporate body declared by Order in Council to be a State Loan Department. Any such Order in Council may be revoked at any time:
“Will” includes any testamentary instrument.
Part I The Native Land Court
Constitution
3 Native Land Court continued.
1909, No. 15, s. 3
(1)
There shall continue to be a Court of record, called as heretofore the Native Land Court, which shall (in addition to the jurisdiction and powers specially conferred by this Act) have all the powers inherent in a Court of record.
(2)
The Court so constituted shall be deemed to be and to continue to be the same Court which existed under the same title, or which exercised the like jurisdiction under the Native Land Act, 1909; the Native Land Court Act, 1894; the Native Land Court Act, 1886; the Native Land Court Act, 1880; the Native Land Act, 1873; the Native Lands Act, 1865; and the Native Lands Act, 1862.
4 Judges and other officers of Court.
1909, No. 15, s. 4
The Court shall consist of such Judges, of whom one shall be the Chief Judge, together with such Assessors (being Natives) and such Commissioners, as the Governor-General from time to time determines.
5 Appointments to be made by Governor General.
Ibid., s. 5
(1)
The Governor-General may from tune to time appoint a Chief Judge and such other Judges and such Assessors as may be required for the conduct of the business of the Court. There shall also from time to time be appointed, as officers of the Public Service, such Registrars, Deputy Registrars, and other officers as may be so required.
(2)
No person other than a barrister or solicitor of the Supreme Court of not less than seven years’ standing shall be qualified for appointment as Chief Judge.
Existing appointments to remain in force.
(3)
The Chief Judge, Judges, Commissioners, Assessors, Registrars, and other officers of the Court holding office at the commencement of this Act shall continue to hold the like offices, and shall be deemed to have been appointed under this Act; and the existing order of precedence of the several Judges shall be retained.
6 Deputy for Chief Judge.
Ibid., s. 6
(1)
The Governor-General may from time to time during the incapacity, illness, or absence from New Zealand of the Chief Judge, or during any vacancy in the office of Chief Judge, appoint any other Judge qualified for the position of Chief Judge, or any other person so qualified, to act as Deputy for the Chief Judge; and may at any time revoke any such appointment.
(2)
During the continuance of any such appointment the person so appointed shall have, exercise, and perform all the powers and duties of the Chief Judge.
(3)
The fact of any person appointed by the Governor-General in that behalf acting as Chief Judge shall be conclusive evidence of the validity of the appointment and of his authority so to act, and no act done by the Chief Judge shall be questioned or invalidated on the ground that any such appointment of any other person as a Deputy was at that time in force.
7 Appointment and functions of Commissioners.
(1)
The Governor-General may from time to time appoint any Registrar of the Court or any other fit person to be a Commissioner of the Court.
Ibid., s. 7 1930, No. 29, s. 3
(2)
A Commissioner so appointed shall possess and may exercise such of the powers and functions of a Judge (other than those vested exclusively in the Chief Judge) as the Governor-General by Order in Council from time to time determines either generally or with respect to any particular Commissioner or Commissioners, and all references to a Judge in this Act shall be construed accordingly.
8 Appointments to continue during Governor-General’s pleasure.
1909, No. 15, s. 8
All Judges, Assessors, and Commissioners appointed or holding office under the foregoing provisions of this Act shall hold office during the pleasure of the Governor-General.
9 Salaries and travelling allowances.
1909, No. 15, s. 9
Such salaries shall be paid to the several persons holding office as Judges, Assessors, or Commissioners under the foregoing provisions of this Act as are from time to time appropriated for that purpose by Parliament, and out of moneys in like manner appropriated there shall be paid to such persons such travelling-allowances as the Governor-General from time to time determines.
10 Registers of proceedings to be kept.
Ibid., s. 11
Registers shall be kept by the Registrars of the Court, in which shall be recorded minutes of all applications made to the Court.
11 Seal.
Ibid., s. 12
(1)
The Court shall have, in the custody of each Judge and Registrar, a seal, which shall be the seal of the Court and shall be used for sealing documents which require to be sealed.
(2)
The form or forms of the seal shall be such as the Governor General from time to time determines, and in the meantime every seal in use at the commencement of this Act shall continue to be the seal of the Court.
Districts
12 Native Land Court districts.
1913, No. 58, s. 3
(1)
The Governor-General may from time to time for the more convenient administration of this Act, divide New Zealand into Native Land Court districts and declare by what name each such district shall be designated, and may abolish any such district or alter the limits or the designation thereof from time to time as occasion may require.
(2)
The Native Land Court districts existing at the commencement of this Act shall be deemed to have been constituted under this Act.
13 Judges and Commissioners to be appointed to districts.
Ibid., ss. 4, 5, 6 1914, No. 63, s. 2
(1)
The Governor-General may appoint in respect of each district a Judge to be the Judge of that district, and may from time to time remove him and appoint another Judge in his place, or may remove and appoint the Judge of one district to be Judge of another district.
(2)
The Governor-General may in like manner appoint in respect of each such district a Commissioner to be District Commissioner for any such district, or may remove and appoint the Commissioner of one district to be Commissioner of another district.
(3)
A Judge or Commissioner may be appointed Judge or Commissioner of more than one district.
(4)
Every Judge or Commissioner shall have jurisdiction to hear and determine any matter or cause within the jurisdiction of the Court, notwithstanding that it may arise or be heard within some district other than that to which the Judge or Commissioner hearing the same has been appointed.
14 Registrar of districts.
1913, No. 58, s. 10
There shall be a Registrar for each such district, but one person may be appointed Registrar of two or more districts.
15 Native Land Court Office.
Ibid., s. 8 1914, No. 63, s. 4
The records, plans, and documents relating to business of the Court shall be deposited and the administrative work of the Court shall be carried on at such place or places (whether within or without the district) as the Governor-General from time to time appoints.
Procedure
16 Governor-General may make Rules of Court.
1909, No. 15, s. 13
(1)
The Governor-General may from time to time, by Order in Council gazetted, make, vary, or revoke such rules (hereinafter called Rules of Court) as are consistent with this Act for regulating the practice and procedure of the Court in all matters within its jurisdiction, and prescribing the fees payable in respect of the proceedings of the Court.
(2)
Until rules have been so made under this Act, and so far as any such rules do not extend, the practice and procedure of the Court shall continue in all respects, so far as consistent with this Act, to be the same as at the commencement of this Act.
17 Applications for exercise of Court’s jurisdiction.
1909, No. 15, s. 14
The jurisdiction of the Court in any matter may be exercised on the application of any person claiming to be interested therein, or on the application of the Native Minister.
18 Exercise of jurisdiction without application made.
Ibid., s. 15
In the course of the proceedings on any application the Court may, subject to Rules of Court, without further application, and upon such terms as to notice to parties and otherwise as the Court tfit, proceed to exercise any other part of its jurisdiction the exercise of which in that proceeding the Court deems necessary or advisable.
19 One or more Judges may exercise powers of Court.
(1)
A Judge sitting alone, or any two or more Judges sitting together, may exercise all the powers of the Court.
In certain cases Assessors may assist. Ibid., s. 16
(2)
In any proceeding the Court may, if it thinks fit, associate with itself an Assessor to advise and assist the Court; but the concurrence of any such Assessor shall not be necessary for any decision of the Court.
20 Proceedings may be continued before different Judges or with different Assessors.
Ibid., s. 17
Proceedings may be continued before a Judge, or Judge and Assessor, other than the Judge, or Judge and Assessor, before whom they were commenced, or may be continued before the same Judge and another Assessor or before another Judge and the same Assessor.
21 Sittings of Court.
Ibid., s. 18 1913, No. 58, s. 7
(1)
The times and places of the sittings of the Court shall be determined in accordance with Rules of Court.
Notices of sittings of Court.
(2)
During the month of March in each year, or so soon thereafter as shall be practicable, the date of the commencement of sittings of the Court in each district for the next ensuing twelve months shall be published in the Gazette. Special sittings may from time to time be appointed in pursuance of Rules of Court.
22 Evidence Act, with certain modifications, to apply.
1909, No. 15, s. 19
(1)
The Court may act on any testimony, sworn or unsworn, and may receive as evidence any statement, document, information, or matter which in the opinion of the Court may assist the Court to deal effectually with the matters before it, whether the same would, apart from this section, be legally admissible evidence or not.
(2)
Subject to the foregoing provisions of this section, the Evidence Act, 1908, shall apply to the Court and to the Judges thereof, and to all proceedings therein, in the same manner as if that Court was a Court within the meaning of that Act.
23 Persons before whom affidavits, &c., may be made.
Ibid., s. 20
Affidavits, declarations, or affirmations to be used in any proceeding before the Court may be sworn and made respectively before a Judge, Commissioner, Registrar or Deputy Registrar of the Court, solicitor of the Supreme Court, or Justice of the Peace.
24 Contempt of Court by failure to give evidence when so required.
Ibid., s. 21
Any person who has been duly summoned in accordance with Rules of Court to give evidence before the Court or to produce any document, and to whom at the same time or subsequently payment or a tender of his expenses has been made on a scale to be prescribed by Rules of Court, and who neglects or fails without sufficient cause shown by him to appear or to produce any such document,—
And any person, whether summoned to attend or not, who, being present in Court, and being required to give evidence, or to produce any document then in his possession, refuses to be sworn or to give evidence or to produce that document,—
And any person who, having been sworn to give evidence in any proceeding, neglects or fails without sufficient cause shown by him to appear at such time as the Court directs for the purpose of giving further evidence in that proceeding,—
shall be guilty of contempt of Court, and may, whether he is present in Court or not, be sentenced by the Court to pay a fine not exceeding twenty pounds; and in default of payment may, by warrant under the hand of any Judge and in the form prescribed by Rules of Court, be committed to any prison or police-gaol, there to be imprisoned for any term not exceeding fourteen days.
25 Court may make order as to costs.
1909, No. 15, s. 22
(1)
In any proceeding the Court may make such order as it thinks just as to the payment of the costs thereof, or of any proceedings or matters incidental or preliminary thereto, by or to any person who is a party to that proceeding, whether the persons by and to whom the costs are so made payable are parties in the same or in different interests.
Security.
(2)
In any proceeding and at any stage thereof the Court may require any party thereto to deposit any sum of money as security for costs, and in default of such deposit being made the Court may stay the proceeding either wholly or in respect of the party so in default.
(3)
When any sum has been so deposited as security for costs, it shall be disposed of in such manner as the Court directs.
(4)
When in any proceeding any order is made by the Court affecting or relating to the title to Native land or to any interest in Native land, the Court may in addition to or in lieu of making an order for the payment of the costs of that proceeding, or of any proceedings or matters incidental or preliminary thereto, by any party thereto, make an order charging the whole or any part of those costs upon the said land or upon the said interest therein as the case may be, and every such charge shall be enforceable in manner hereinafter provided with respect to the enforcement of charges imposed upon Native land by the Court.
(5)
An order made under this section for the payment of costs or imposing a charge for costs may, when made in open Court, either specify the sum or sums so payable or charged, or leave the amount thereof to be determined by taxation in accordance with Rules of Court, but in the latter case the order as drawn up and sealed shall specify the sum or sums so determined by taxation.
26 Appearance by barrister, solicitor, or other representative.
Ibid., s. 23
(1)
Any party or other person entitled to appear in any proceedings in the Court or the Appellate Court may appear either personally or, with the leave of that Court, by a barrister or solicitor of the Supreme Court or any other agent or representative.
(2)
Such leave may be given on such terms as the Court or Appellate Court thinks fit, and may at any time be withdrawn.
Jurisdiction
27 Jurisdiction of Court.
Ibid., s. 24 1913, No. 58, s. 84 1920, No. 21, s. 26 1929, No. 19, s. 16
(1)
In addition to the jurisdiction elsewhere in this Act conferred, the Court shall have jurisdiction—
(a)
To hear and determine as between Natives any claim, whether at law or in equity, to the ownership or possession of Native freehold land, or to any right, title, estate, or interest in such land or in the proceeds of the alienation thereof:
(b)
To determine the relative interests of the owners in common, at law or in equity, of Native freehold land, whether any of those owners are Natives or Europeans:
(c)
To hear and determine as between Natives any claim to recover damages not exceeding two hundred pounds for trespass or any other injury to Native freehold land:
(d)
To grant an injunction against any Native in respect of any actual or threatened trespass or other injury to Native freehold land:
(e)
To enforce (whether by way of injunction or otherwise) as against the trustee under Part X of this Act of a person under disability, or as against the executor, administrator, or trustee of a deceased Native, or against any other trustee of Native land or of any interest therein or of the proceeds of the alienation or disposition thereof, the obligations of his trust; or to administer any such trust; or to hear and determine as against any such trustee, executor, or administrator any pecuniary claim arising out of a breach of trust; or to exercise in respect of any such trust or trustee any of the powers vested in the Supreme Court by the Trustee Act, 1908, in that behalf:
Provided that nothing in this paragraph shall confer upon the Court any jurisdiction as against the Native Trustee or a Maori Land Board:
(f)
To grant an injunction prohibiting any person from dealing with or doing any injury to any property which is the subject-matter of any application to the Court:
(g)
To exercise in respect of Native freehold land any of the powers vested in the Supreme Court by the Settled Land Act, 1908:
(h)
To create easements over Native freehold land for the purpose of being annexed to or used or enjoyed with any other land, or over European land (with the consent of the parties interested) for the purpose of being annexed to or used or enjoyed with any Native freehold land. Every such easement shall be subject to such conditions as the Court may impose, including the payment of any compensation it may award in respect of the grant of such easement.
(2)
The Court shall have with respect to any land owned or held by Natives or by Natives and Europeans jointly, and may exercise with respect to all estates, rights, and interests therein, the same powers and jurisdiction as are conferred upon the Court in respect of Native freehold land.
(3)
If in the course of and for the purposes of any proceedings in the Court any question arises as to whether any person is a Native or a European the Court shall have jurisdiction to determine that question.
(4)
(a)
The Court shall have exclusive jurisdiction to hear and determine as between Natives any claim under the Fencing Act, 1908, and shall have in respect of land owned or occupied by a Maori as defined by that Act (whether the ownership be legal or equitable) all and every of the powers and jurisdiction conferred by that Act upon a Magistrate.
(b)
The Court may make an order for payment of any sum which it finds to be due under the said Act, and direct by whom and to whom any such sum shall be paid, and may make an order charging the land concerned with payment of such sum as to the Court seems just, together with interest thereon at such rate not exceeding five per centum per annum as the Court shall determine. The interest chargeable may be limited to and for such period as the Court deems expedient.
(c)
No alienation (otherwise than by will or by operation of law) of the land affected by any registered charging-order shall be valid without either the consent of the Court or of the party entitled to the charge, unless and until a discharge thereof shall have been executed in respect of the part of the land affected by such alienation.
(d)
The Court may, in its discretion, order payment to be made in respect of the erection or repair of fences, notwithstanding that any notice required by the Fencing Act, 1908, to be given or served has not been so given or served, and notwithstanding that the erection or repair of such fence may have been effected before the commencement of this Act.
28 Provision for case of lost title deeds.
1928, No. 49, s. 15
(1)
Upon it being proved to the satisfaction of the Court that any instrument of alienation of Native land signed by a Native, whether executed before or after the passing of this Act, has been lost or destroyed, and that such instrument has not been wilfully destroyed by the party entitled to claim thereunder, and that such instrument has been duly confirmed or the tribunal dealing with such matters has pronounced in favour of confirmation, even though a certificate of such confirmation had not been completed, the Court may make an order vesting the land or the interest in land comprised in such lost or destroyed instrument in the party entitled thereto or some person claiming through or under him for the estate to which he is entitled, and thereupon the land shall vest according to the tenor of the order.
(2)
Every such order may be registered, and registration thereof shall have the same effect as from the date thereof as if the original instrument had been duly registered, and such instrument shall for all purposes be deemed and taken to have been in the terms or to the effect set forth in such order.
(3)
The Court shall in hearing and deciding upon any case under this section be guided by the real justice of such case.
29 Court may appoint new trustee in certain cases.
1920, No. 63, s. 6
When it is made to appear to the Court that it is expedient to appoint a new trustee in respect of any real or personal property (including Native freehold land) owned by a Native, the Court may, by order, appoint a new trustee or trustees (with power to cancel or vary such order at any time) either in substitution for, or in addition to, any existing trustee, and whether there is any existing trustee or not at the time of making of the order. Any person so appointed shall have the same rights and powers as he would have had if appointed by a decree of the Supreme Court in an action duly instituted, and the trust property shall vest in the trustees for the time being without any conveyance, transfer, assignment, or assurance:
Provided that this section shall not apply to the Public Trustee, the Native Trustee, any Maori Land Board, any statutory trustee, or any trustee appointed under Part X of the Native Land Act, 1909, or Part X of this Act.
30 Termination of trust.
1913, No. 58, s. 126
Where the Court is satisfied by evidence that any Native freehold land vested in a trustee or trustees ought, by reason of the termination of the trust, to be vested in the persons beneficially entitled to such land the Court may by order vest such land accordingly. On any application for such an order the Court may partition the land among the beneficiaries.
31 Public buildings owned by Natives may be vested upon trust in certain persons.
1921, No. 62, s. 5
(1)
The Court is empowered to hear and determine any claim (whether at law or in equity) by any Native or group of Natives to the ownership or possession of any church, church-house, meeting-house, kitchen, or other public or semi-public building usually occupied, used, or enjoyed by Natives, or the land whereon any such building stands, and which is usually used in connection therewith, and may vest the right to possession of the said building, either with or without the land, in such persons or group of persons as it thinks fit, upon such trusts as shall from time to time be determined by the Court.
(2)
Where the right to possession of any building is vested as aforesaid, the Court may grant rights of way over the adjoining land for the due use thereof, and the trustees shall be entitled to hold and occupy and allow others to occupy the said building free of rent so long as the said building is in existence, or to remove the same if they see fit. If the building is burnt down, or is otherwise totally destroyed, or is removed, the rights of the trustees and of those beneficially entitled over the land under such order shall cease.
(3)
Where the Court deems it proper so to do, it may award to the legal owners deprived of any land, by reason of any order hereunder, compensation for the value of such land, and may charge the sum so awarded, together with such interest as may be allowed by the Court, upon that land or upon any other land.
(4)
Any property comprised in any order made as aforesaid shall be absolutely inalienable (whether by disposition inter vivos or by will) except with the consent of the Governor-General in Council, but this shall not affect the power of the Court under section thirty-three of this Act to set aside any such land as a site for a building for religious purposes and deal with it in accordance with that section.
(5)
The Court may for such reason as may seem to it sufficient cancel or vary any order made under this section.
32 May set apart sites for dairy or other factories.
1910, No. 82, s. 5
(1)
The Court may, with the consent of the Native Minister, by order vest in a Maori Land Board any Native land (including customary land) not exceeding in any one case an area of five acres for an estate in fee-simple for the purposes of a site for a dairy or other factory or for a building required for any religious, charitable, educational, or public purpose, or for such other purpose as the Native Minister may approve.
(2)
Any land so vested as aforesaid shall be held and administered by the Board for the benefit of the Native owners thereof, but may be disposed of by way of sale or gift or may be leased by the Board for such rental (including a nominal rental) upon such terms as the Board shall think fit.
33 May set apart sites for churches.
1916, No. 12, s. 9
(1)
The Court may, if it is satisfied that it is in accordance with the desire of the majority of the owners of any Native land, by order, set apart any area not exceeding five acres as a site for a building used or to be erected for religious purposes, and by the same or any subsequent order may vest the land so set apart for an estate of freehold in any corporate body or trustees authorized to hold and administer lands for religious purposes upon such terms and conditions as the Court deems fit.
(2)
The Court may exercise the powers hereby granted notwithstanding that the land is vested in a Maori Land Board or any trustee or forms part of any Native Township, provided that the Board or a majority of the trustees consent thereto.
34 Governor-General may confer special jurisdiction.
1909, No. 15, s. 25 1913, No. 58, s. 124
(1)
In addition to the jurisdiction elsewhere in this Act conferred upon the Court, the Governor-General may by Order in Council confer upon the Court, as effectually as if the same was conferred by this Act, jurisdiction in any matter or question affecting the rights of Natives in any real or personal property; and thereupon the Court shall have full jurisdiction and power to determine that matter or question according to law.
(2)
Any order of the Court in any such matter or question shall, subject to the right of appeal hereinafter in this Act referred to, be valid and binding in law, and may be dealt with as nearly as may be in the same manner as an order or determination of a similar nature made by the Court in the exercise of the jurisdiction conferred upon it by this Act.
(3)
Nothing in this section shall be construed as authorizing the Governor-General to confer jurisdiction on the Court in disregard of any express limitations to specific branches of jurisdiction conferred by this Act, nor shall any Order in Council authorize the Court to abrogate or modify any order of the Appellate Court.
35 Court may amend proceedings.
1909, No. 15, s. 26
(1)
The Court shall have power in the course of any proceeding, and whether with or without the application of any party, to amend all defects or errors in the proceeding, whether there is anything in writing to amend by or not, and whether the defect or error is that of a party applying to amend or not.
(2)
All such amendments may be made on such terms as the Court thinks fit, and all amendments may be made which are necessary for exercising as fully and beneficially as possible the jurisdiction of the Court in that proceeding.
36 Court may authorize amendment of orders, warrants, &c.
Ibid., s. 27
(1)
The Court or any Judge thereof may at any time make or authorize to be made in any order, warrant, record, or other document made, issued, or kept by the Court all such amendments as are considered necessary to give effect to the intended decision or determination of the Court or to record the actual course and nature of any proceeding in the Court.
Operation of amendments so made.
(2)
Any such amendment shall take effect as of the date of the order, warrant, record, or other document so amended; but no such amendment shall take away or affect any right or interest acquired in good faith and for value before the making of the amendment.
(3)
If any order or other document so amended has theretofore been registered by a District Land Registrar, a copy of the amendment under the seal of the Court shall be transmitted to him, and he shall make all necessary consequential amendments in the registration of the title to any land affected thereby.
(4)
This section shall extend and apply to all such orders, records, warrants, and other documents as aforesaid, whether made before or after the commencement of this Act.
37 Saving of existing rights.
1925, No. 40, s. 9
(1)
If and whenever under any power or jurisdiction granted by this or any other Act, the Court shall make an order cancelling, varying, or amending any former order or proceeding, such cancellation, variation, or amendment shall not take away or affect any interest theretofore acquired in good faith and for value.
(2)
The Court in the exercise of any such power or jurisdiction shall have power to make all consequential amendments required in any order or proceeding of the Court or the Appellate Court.
(3)
If any order or other document affected as aforesaid has been registered by a District Land Registrar, a duplicate of the order under the seal of the Court shall be transmitted to him, and he shall make all necessary consequential amendments in the registration of the title to any land affected thereby.
(4)
All rights to which the former owners are entitled by contract or otherwise at the date of cancellation, variation, or amendment shall pass to and enure for the benefit of the persons subsequently found to be entitled.
38 Amendment after title ascertained.
1922, No. 48, s. 7 1929, No. 19, s. 17
(1)
Where through any mistake, error, or omission the Court or the Appellate Court by its order has in effect done or left undone something which it did not actually intend to do or leave undone, or something which it would not but for such mistake or error have done or left undone, or where the Court or the Appellate Court shall have decided any point of law erroneously, the Chief Judge may, upon the application in writing of any person alleging that he is affected by such mistake, error, omission, or erroneous decision in point of law, make such order in the matter for the purpose of remedying the same or the effect of the same respectively as the nature of the case may require; and for any such purpose may, if he shall deem it necessary or expedient, amend, vary, or cancel any order made by the Court or the Appellate Court, or revoke any decision or intended decision of either of such Courts.
(2)
Any order made by the Chief Judge upon such proceedings amending, varying, or cancelling any prior order shall be subject to appeal in the same manner as any final order of the Court, but there shall be no appeal against the refusal to make any such order.
(3)
The Chief Judge may refer any such application to the Court for inquiry and report, and he may act upon such report or otherwise deal with the application without holding formal sittings or hearing the parties in open Court.
(4)
The Chief Judge may require any applicant to deposit such sum of money within such time as he shall think fit as security for costs, and, unless such deposit is so made, may summarily dismiss the application. The Chief Judge shall have power to allow costs to any person opposing the application.
(5)
Any order of amendment, variation, or cancellation shall take effect (subject to appeal) as from the making thereof; but no such amendment, variation, or cancellation of any order made by the Chief Judge hereunder shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation executed before the making of such order of amendment, variation, or cancellation, but such instrument may be perfected, confirmed, or registered as if no such order had been made by the Chief Judge. Any such alienation shall thereafter enure for the benefit of the person eventually found by the Chief Judge’s order to be entitled to the share or interest affected, and all unpaid or accruing purchase-money, rent, royalties, or other proceeds of such alienation, as well as any compensation payable under the Public Works Act, 1928, shall be recoverable accordingly. Any bona fide payment made in faith of the order amended, varied, or cancelled shall not be deemed to be invalid because the order was so amended, varied, or cancelled.
(6)
Where an application has been lodged under this section the Court may, for the purpose of protecting the property in dispute, grant an order prohibiting dealings with the share or interest affected by such application pending the result of such application, and any dealings in contravention of such order shall be deemed to be void. Such order may be lodged with the District Land Registrar, and shall be recorded and take effect as a caveat against dealings, and shall be deemed to lapse when the application under this section is dismissed or an order is granted thereunder. Nothing in this subsection shall prevent the confirmation or registration of an alienation effected by an instrument executed before the granting of such order.
(7)
All consequential amendments required to be made by reason of the Chief Judge’s order in any order, record, or document made, issued, or kept by the Court may be made by any Judge of the Court, and where it becomes necessary to correct the Land Transfer Register a copy of the Chief Judge’s order and a note of the consequential amendments made by the Chief Judge or other Judge shall be transmitted by the Registrar of the Court to the District Land Registrar, who is hereby empowered to make all necessary and consequential amendments in the register of the title of the land affected.
(8)
This section shall extend and apply (with the exception hereinafter mentioned) to orders, whether made before or after the commencement of this Act, including orders within the protection of section fifty-one or of section five hundred and fifty-nine, save that in all cases where an order is dated more than five years previously to the receipt of the application under this section the Chief Judge shall first obtain the consent of the Governor-General in Council before making any order hereunder. The Chief Judge shall nevertheless have full power without such consent to dismiss any such application or to refer it to the Court for inquiry and report.
(9)
The Chief Judge shall dismiss all applications (if any) which have already formed the subject of proceedings under section thirty nine of the Native Land Court Act, 1894, or section fifty of the Native Land Act, 1909, or in matters which have been adversely reported on by the Chief Judge in accordance with any statutory powers in that behalf, unless the Governor-General in Council expressly consents to the Chief Judge exercising jurisdiction under this section in any such matter.
(10)
This section shall not apply to any order made upon investigation of title or partition save with regard to the relative interests defined thereunder, but the provisions of this subsection shall not prevent the making of any necessary consequential amendments with regard to partition orders.
39 Rehearings.
1909, No. 15, s. 28
(1)
On the application of any person interested, made in accordance with Rules of Court, not later than fourteen clear days after the making of any order of the Court, a Judge may, in his discretion, grant a rehearing of the matter, either wholly or as to any part thereof.
(2)
On any such rehearing the Court may either affirm, vary, or annul its former determination, and may exercise any jurisdiction which it might have exercised on the original hearing.
(3)
When a rehearing has been so granted, the period allowed for an appeal to the Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the Court.
(4)
Any such rehearing may be granted on such terms as to costs and otherwise as the Judge thinks fit, and the granting or refusal thereof shall be in the absolute discretion of the Judge.
40 Court may order payment of moneys held by Board, Native Trustee, or public servant to persons entitled.
Ibid., s. 29 1913, No. 58, s. 121 1919, No. 43, s. 9
(1)
The Court may from time to time order that any money which is held by a Maori Land Board or by the Native Trustee or other officer of the Public Service in trust for Natives shall be paid to any person entitled to receive that money, or to such persons as the Court shall direct.
(2)
If any such money is so held in trust for any Native who is under disability the Court may from time to time order that the money, or such part thereof as the Court thinks fit, shall be paid to that person or to any other person on his behalf, or shall be expended in such manner as the Court directs for his maintenance, education, or advancement.
(3)
The power of the Court to make orders under this section shall be subject to any statutory provision whereby money held in trust for Natives is to be retained and administered by the trustee instead of being paid to those Natives.
Orders
41 Enforcement of orders.
1909, No. 15, s. 30
(1)
For the purpose of enforcing any order made by the Court or the Appellate Court for the payment of money or by way of injunction the Chief Judge may, with or without the application of any party, transmit a copy of the order, under his hand and the seal of the Court by which the order was made, to any Registrar of the Supreme Court, and the same shall thereupon be filed as of record in the Supreme Court.
(2)
On the filing of any such copy of an order for the payment of money the order shall so long as it remains in force be deemed, for the purpose of the enforcement thereof, to be a judgment of the Supreme Court in an action for the recovery of a debt, and may be enforced in accordance with the practice of that Court by any writ of execution or any charging or other order which might have been issued or made in the case of such a judgment.
(3)
On the filing of any such copy of an order made by way of injunction the injunction shall be deemed, for the purposes of the enforcement thereof, to have been issued by the Supreme Court, and may be enforced by writ of attachment or otherwise in accordance with the practice of that Court.
(4)
For the purpose of so enforcing any such order a certificate under the hand of a Judge of the Native Land Court, setting forth any proceedings of that Court or of the Appellate Court in the matter in which the order was made, or setting forth any particulars relating to the performance or non-performance by any person of the requirements of that order, shall be accepted by the Supreme Court and by all officers thereof as sufficient evidence of the facts so certified, unless the contrary is proved to the satisfaction of the Supreme Court.
(5)
The filing of a copy of an order in the Supreme Court under this section shall in no way affect any power of rehearing, appeal, amendment, or cancellation which would otherwise exist in respect of that order.
42 Receiver may be appointed in respect of charges upon Native land imposed by Court or Appellate Court.
1909, No. 15, s. 31 1920, No. 21, s. 26 1927, No. 67, s. 3
(1)
When any charge has been imposed, either by this Act or by the Court or the Appellate Court in the exercise of any authority conferred by this Act, upon any Native land or upon any legal or equitable interest therein, or upon the revenues or proceeds of the alienation thereof, the Native Land Court may at any time and from time to time, for the purpose of enforcing that charge, appoint a receiver in respect of the property so charged.
(2)
If in any proceeding before the Court the title to any property, being the subject-matter of that proceeding, is in dispute, the Court may, pending the determination by it of that dispute, appoint a receiver in respect of that property. No appeal to the Appellate Court shall lie from an order under this subsection.
(3)
A Maori Land Board or the Native Trustee may be appointed as a receiver under this section.
(4)
Subject to Rules of Court a receiver so appointed shall have the same rights, powers, duties, and liabilities as a receiver appointed by the Supreme Court in the exercise of its jurisdiction in that behalf.
(5)
Notwithstanding any of the provisions of this Act as to the alienation of Native land, a receiver so appointed for the purpose of enforcing a charge may, in his own name and with the leave of the Court, grant leases of any land so charged, or licenses to remove timber, flax, kauri-gum, or minerals therefrom, for any term not exceeding twenty-one years, on such conditions and for such rent or other consideration as he thinks fit.
(6)
Any lease or license so granted in respect of land subject to the Land Transfer Act, 1915, shall be capable of registration under that Act, and the District Land Registrar may register the same accordingly without requiring the production of any certificate of title
43 Final orders, how made and how dealt with.
1909, No. 15, s. 32 1913, No. 58, s. 11 1922, No. 48, ss. 2, 3
(1)
Every final order of the Court shall be made orally in open Court, and a minute of the order so made shall thereupon be entered upon the records of the Court.
(2)
Every such order shall take effect as from the commencement of the day of the making thereof.
(3)
So soon as practicable after the making thereof the order shall be drawn up in writing under the seal of the Court and the hand of the Judge by whom it was made, or the hand of the Chief Judge or any other Judge.
(4)
An order may be so signed by the Chief Judge or other Judge although the Judge by whom it was made has died or ceased to be a Judge of the Court.
(5)
The order as so drawn up, sealed, and signed shall be dated as of the date of the minute thereof.
(6)
No order shall be questioned or invalidated on the ground of any variance between the order as so drawn up, sealed, and signed and the minute thereof; and in the case of any such variance the order as drawn up shall prevail over and supersede the minute thereof.
(7)
The order as so drawn up, sealed, and signed shall relate back to the day of the date thereof, and shall take and be deemed to have taken effect in all respects according to the tenor thereof as from the commencement of that day; and the validity and operation of all intermediate orders, instruments, proceedings, and transactions shall be determined accordingly.
(8)
No freehold order or partition order shall be sealed and signed until and unless a plan of the land affected thereby has been prepared in form and manner sufficient for the purpose of registration under the Land Transfer Act, 1915, and the order as so sealed and signed shall describe the land affected thereby by reference to the said plan.
(9)
At least two copies of every order of the Court and Appellate Court affecting title to land shall be prepared and authenticated.
44 Ascertainment of title and maturity of orders.
1913, No. 58, s. 12
(1)
Title of any person, or title to land or to personal property, shall be deemed to be “ascertained”
under an order affecting the same respectively, and an order shall be deemed to have matured,—
(a)
When the time within which notice of appeal may be given in respect thereof has elapsed without notice of appeal having been duly given:
(b)
When any notice of appeal duly given has lapsed, or has been finally disposed of by final order made on appeal or otherwise.
(2)
Nothing herein contained shall be construed as preventing vesting or antevesting according to the tenor of any order or the provisions of any statute.
45 Order may be amended in certain cases.
1909, No. 15, s. 33
No order of the Court or of the Appellate Court shall be invalid because made in favour or otherwise in respect of a person who is dead at the time of the making, sealing, or date of the order, and in any such case (subject to any special provisions elsewhere contained in this Act) the order may at any time be amended by the Court by which it was made so as to conform to the facts of the case as existing at the date of the order, and any such amendment shall take effect as from the date of the order amended.
46 Registration of orders affecting title to land.
Ibid., s. 34
(1)
Any order of the Court or of the Appellate Court affecting or relating to the title to land may be registered against the title to that land either under the Land Transfer Act, 1915, or the Deeds Registration Act, 1908, as the case may be.
(2)
For the purposes of such registration a duplicate of the order, under the hand of a Judge and the seal of the Court by which it was made, shall be transmitted by a Registrar of that Court to the District Land Registrar or the Registrar of Deeds, as the case may be; and the said District Land Registrar or Registrar of Deeds shall thereupon (subject to any other provisions of this Act) register the same accordingly. The production of the certificate of title shall not be necessary for the purposes of any such registration under the Land Transfer Act, 1915.
(3)
Until registration has been so effected an order of the Court or of the Appellate Court in respect of land subject to the Land Transfer Act, 1915, shall affect only the equitable title thereto.
(4)
Nothing in this section shall apply to any case in which special provision is elsewhere made in this Act for the registration of any such order.
47 Vesting-order warrant for issue of Land Transfer Act title.
1913, No. 58, s. 120
(1)
Every valid order made on partition or exchange purporting to vest any land in any person, or determining that such person is the owner thereof, for a freehold estate, shall (notwithstanding that the title of such land was not, prior to the making of such order, under the Land Transfer Act, 1915) entitle such person to be registered as proprietor under the Land Transfer Act, 1915, in respect of the land included in such order and to the issue of a certificate of title to him for such land accordingly.
(2)
The District Land Registrar shall, with respect to such land, make such entries upon the register as shall be necessary to preserve all existing interests registered under the Deeds Registration Act, 1908, in such manner as will preserve their priority so far as the same are valid and effectual.
(3)
The issue of any such certificate of title as aforesaid shall, so far as regards the land included therein, effectually cancel any existing Crown grant.
48 Orders exempt from stamp duty.
1909, No. 15, s. 35
No order of the Court or of the Appellate Court shall be subject to stamp duty under the Stamp Duties Act, 1923.
49 Orders to bind all persons having interest in land affected.
Ibid., s. 36
Every order of the Court or of the Appellate Court affecting the title to Native land or to any interest therein shall bind all persons having any interest in that land, whether or not they are parties to or have notice of the proceeding in which the order is made, and whether or not they are subject to any disability.
50 Proceedings not removable into Supreme Court.
Ibid., s. 37
(1)
No order or other proceeding of the Court or of the Appellate Court shall be removed by certiorari or otherwise into the Supreme Court.
Validity of orders not affected by irregularities of procedure.
(2)
No order made by the Court or the Appellate Court shall be invalid because of any error, irregularity, or defect in the form thereof or in the practice or procedure of the Court by which it was made, even though by reason of that error, irregularity, or defect the order was made without or in excess of jurisdiction.
(3)
Nothing in the foregoing provisions of this section shall be so construed as to apply to any order which, in its nature or substance, and independently of its form or of the practice or procedure of the Court, was made without or in excess of jurisdiction.
(4)
Every order made by the Court or the Appellate Court shall be presumed in all Courts and in all proceedings to have been made within the jurisdiction of the Court, unless the contrary is proved or appears on the face of the order.
(5)
No order of the Court or of the Appellate Court made before the commencement of this Act shall in any Court or in any proceedings be deemed or declared to be invalid in any case in which the order could not have been so dealt with if this Act had not been passed.
51 Orders affecting Native land to be conclusive after ten years.
1909, No. 15, s. 38
(1)
No order made with respect to Native land by the Court or the Appellate Court shall, whether on the ground of want of jurisdiction to make the same or on any other ground whatever, be annulled or quashed, or declared or held to be invalid, by any Court in any proceedings instituted more than ten years after the date of the order.
(2)
Where there is any repugnancy between two orders each of which would otherwise by reason of the lapse of time be within the protection of this section, then to the extent of any such repugnancy the order which bears the earlier date shall prevail over and supersede the later order, whether those orders are made by the same or by different Courts.
(3)
This section shall extend and apply to orders dated as before the commencement of this Act.
(4)
Nothing in this section contained shall affect the power of the Chief Judge to cancel or amend orders under the powers given to him in that behalf.
Miscellaneous
52 Person wilfully insulting Judge or other officer of Court, or interfering with proceedings, may be fined and imprisoned.
Ibid., s. 39
(1)
If any person wilfully insults any Judge, Assessor, Commissioner, Registrar, or other officer of the Court during his sitting or attendance in Court, or in going to or returning from the Court, or a witness in Court, or wilfully interrupts the proceedings of the Court, or is guilty of any other wilful misbehaviour at any sitting of the Court, it shall be lawful for a constable or any officer of the Court, with or without the assistance of any other person, by order of any Judge sitting in the Court, to take the offender into custody and detain him till the rising of the Court.
(2)
Any such offender may, by a warrant under the hand of any such Judge and the seal of the Court, be committed to any prison or police-gaol for any term not exceeding fourteen days, or may be ordered by any such Judge to pay a fine not exceeding ten pounds, and in default of payment of that fine may by such a warrant as aforesaid be committed to any prison or police-gaol for any term not exceeding fourteen days.
(3)
No such fine shall be imposed and no such warrant shall be issued (except a warrant issued in default of payment of a fine) until the offender has been afforded a reasonable opportunity of showing cause against the imposition of the fine or the issue of the warrant.
(4)
In this section the term “Court”
includes both the Native Land Court and the Native Appellate Court.
53 Penalty for obstructing officers of Court in performance of duties.
Ibid., s. 40
If any person wilfully obstructs any Judge, Assessor, Commissioner, Registrar, Receiver, or other officer of the Court or the Appellate Court in the execution of his powers or duties under this Act, that person shall be guilty of an offence punishable on summary conviction by a fine of twenty pounds or by imprisonment for one month.
54 Judge may prohibit supply of liquor to Natives during sittings of Court.
Ibid., s. 41
(1)
At any time and from time to time during the sittings of the Court or of the Appellate Court, if a Judge is of opinion that the supply of intoxicating liquors to Natives by any person holding a publican’s license is interfering or will probably interfere with the business of that Court, the Judge may make an order under his hand directing that such person shall not supply any intoxicating liquors, or permit such liquors to be supplied on his licensed premises, to Natives during that sitting of the Court or during any specified period not exceeding one month from the making of the order.
(2)
Any such order may be at any time revoked.
(3)
Any person who disobeys any such order after it has been served upon him or delivered at his licensed house shall be guilty of an offence punishable on summary conviction by a fine not less than ten pounds or more than fifty pounds for each offence, and the conviction shall be endorsed on his license.
Part II The Native Appellate Court
55 Native Appellate Court continued.
1909, No. 15, s. 42
There shall continue to be a Court of record called, as heretofore, the Native Appellate Court. The Court so constituted shall be deemed to be the same Court as that which was constituted under the same title by the Native Land Act, 1909, and by the Native Land Court Act, 1894.
56 Constitution of Appellate Court.
Ibid., s. 43
(1)
The Judges of the Native Land Court for the time being shall be the Judges of the Appellate Court.
(2)
Any two or more of the Judges shall have power to act as the Appellate Court, provided that two Judges at least shall concur in every decision of that Court.
(3)
The Appellate Court may, in any case in which it thinks fit, associate with itself an Assessor of the Native Land Court, to assist and advise the Appellate Court; but the concurrence of any such Assessor shall not be necessary for any decision of that Court.
(4)
The Appellate Court may sit in two or more divisions at the same time, and each division shall have all the powers and jurisdiction of the Appellate Court.
(5)
The Chief Judge, if present, or in his absence the senior Judge present, shall preside in the Appellate Court.
57 Proceedings in Appellate Court may be continued before different Judges or Assessors.
Ibid., s. 44
Proceedings in the Appellate Court may be continued before Judges other than those before whom they were commenced, or before an Assessor other than the Assessor (if any) before whom they were commenced.
58 Decision of majority to constitute decision of Court.
Ibid., s. 45
(1)
The decision of the Appellate Court shall be in accordance with the opinion of the majority of the Judges present.
(2)
If the Judges present are equally divided in opinion, the order appealed from or under review shall be deemed to be affirmed.
59 Governor - General may make rules for Appellate Court.
Ibid., s. 46
(1)
The Governor-General may from time to time, by Order in Council gazetted, make, vary, and revoke such rules (hereinafter termed Rules of Court) as are consistent with this Act for the purpose of regulating the practice and procedure of the Appellate Court, and the terms and conditions on which appeals to that Court may be brought, prosecuted, or withdrawn, and prescribing the fees payable in respect of the proceedings of that Court.
(2)
Any such rules may require an appellant to give security for the costs of the appeal, and may provide for the dismissal of an appeal by the Native Land Court or by a Judge thereof by reason of the failure of the appellant to conform to any such requirement or to prosecute his appeal in accordance with the said rules; and no appeal to the Appellate Court shall lie from any such dismissal of an appeal.
(3)
Until such rules have been made, and so far as they do not extend, the practice and procedure of that Court shall, so far as is consistent with this Act, be the same as immediately before the commencement of this Act.
60 Sittings of Appellate Court.
1909, No. 15, s. 47
The times and places of the sittings of the Appellate Court shall be determined in accordance with Rules of Court.
61 Appellate Court to hear appeals from Native Land Court.
Ibid., s. 48 1912, No. 34, s. 20 1922, No. 48, s. 2
(1)
Save as in this Act expressly provided to the contrary, the Appellate Court shall have jurisdiction to hear and determine appeals from any final order of the Native Land Court, whether made under this Act or under any other authority in that behalf.
(2)
Any such appeal may be brought at the suit of any party to the proceeding in which the order is made, or at the suit of any person bound by the order or interested therein.
(3)
Every such appeal shall be commenced by notice of appeal given in the prescribed manner within two months after the date of the minute of the order appealed from.
62 Appeals from provisional determinations of Court as to title to land.
1909, No. 15, s. 49
(1)
By leave of the Native Land Court an appeal shall lie to the Appellate Court from any provisional or preliminary determination of the Native Land Court made in the course of any proceedings for the ascertainment of the title to customary land or for partition.
(2)
Any such appeal may be brought at the suit of any person who is interested in the determination appealed from or who would be bound by a freehold order or partition order made in pursuance thereof.
(3)
When leave to appeal is so given, the Court may either stay further proceedings in the matter or continue the same, but no final order shall be made until the appeal has been finally disposed of or dismissed.
(4)
When any such appeal has been determined by the Appellate Court, no further appeal shall lie as of right at the suit of any person from any final order thereafter made in those proceedings by the Native Land Court, so far as that order conforms to the determination of the Appellate Court.
63 Successive appeals in respect of same matter may be brought by different persons.
Ibid., s. 51 1912, No. 34, s. 20
Successive appeals to the Appellate Court may be brought in respect of the same order at the suit of different persons, but no matter determined on appeal shall be again brought in question in any other appeal.
64 Powers of Appellate Court on appeal.
1909, No. 15, s. 52
On any appeal the Appellate Court may do such one or more of the following things as it thinks fit: —
(a)
Affirm the order appealed from:
(b)
Annul that order, with or without the substitution of any other order therefor:
(c)
Vary that order:
(d)
Direct the Native Land Court to make such other or additional order as the Appellate Court thinks fit:
(e)
Direct a new trial or rehearing by the Native Land Court:
(f)
Make any order which the Native Land Court might have made in the proceedings:
(g)
Dismiss any appeal.
65 Variation by Appellate Court deemed part of original order.
1909, No. 15, s. 53 1912, No. 34, s. 20
(1)
When an order of the Native Land Court is varied by the Appellate Court it shall, as so varied, be deemed to remain and be an order of the Native Land Court, and the variation thereof shall take and be deemed to have taken effect from the same date as if the order had been originally made by the Native Land Court in that form.
(2)
When an order of the Native Land Court is varied by the Appellate Court, the order as so varied shall be drawn up as an order of the Native Land Court, and shall be sealed with the seal of that Court and signed by the presiding Judge or by the Chief Judge, and shall bear the same date as if no such appeal and variation had taken place; and the order as so drawn up shall supersede and take the place of the order as originally made, whether that order has been already drawn up, sealed, and signed, or not.
66 Orders of Appellate Court.
1909, No. 15, s. 54 1912, No. 34, s. 20
(1)
If on appeal the Appellate Court makes (otherwise than by way of variation as aforesaid) any order which the Native Land Court might have made in the proceedings, a minute of the order shall be entered in the records of the Appellate Court, and the order shall take effect as an order of the Appellate Court as from the commencement of the day of the making thereof.
(2)
So soon as practicable after the making thereof the order shall be drawn up in writing under the seal of the Appellate Court and the hand of the presiding Judge or of the Chief Judge, and shall be dated as of the date of the minute thereof.
(3)
Subject to this section, all the provisions of section forty-three of this Act with respect to orders drawn up, sealed, and signed in the Native Land Court shall extend and apply to orders so drawn up, sealed, and signed in the Appellate Court.
67 Upon variation or annulment of order necessary alterations to be made in registration of title.
1909, No. 15, s. 55
If any order annulled or varied by the Appellate Court, or any other order or instrument affected by that annulment or variation, has been registered by a District Land Registrar in respect of the title to any land, a duplicate of the order as so varied or of the order of annulment shall be transmitted to that Registrar for registration, and all necessary consequential amendments in the registration of any title shall be made by him accordingly.
68 Officers of Native Land Court to be officers of Appellate Court.
Ibid., s. 56
The Registrars, Deputy Registrars, Assessors, and other officers of the Native Land Court shall, without further appointment, act in the like capacity in the Appellate Court.
69 Seal of Appellate Court.
Ibid., s. 57
(1)
The Appellate Court shall have in the custody of each Registrar a seal of that Court for sealing documents which require to be sealed.
(2)
The seal of the Appellate Court shall be in such form or forms as the Governor-General from time to time directs, and in the meantime the seal used at the commencement of this Act shall continue to be the seal of that Court.
70 Provisions as to evidence and costs in Appellate Court.
Ibid., s. 58
(1)
Sections twenty-two, twenty - three, twenty-four, and twenty-five of this Act (relating to evidence and costs) shall extend and apply to the Appellate Court in the same manner as to the Native Land Court.
(2)
The Appellate Court shall in respect of any proceedings in that Court have the same powers of amendment as are conferred upon the Native Land Court by section thirty-five of this Act.
(3)
The Appellate Court or the Chief Judge shall have the same power of amending the orders, warrants, records, and other documents of that Court, as are conferred upon the Native Land Court by section thirty-six of this Act.
71 Case may be stated for Supreme Court on point of law.
1909, No. 15, s. 59
The Appellate Court or, with the sanction of the Chief Judge, the Native Land Court may in any proceeding before it state a case for the opinion of the Supreme Court on any point of law that arises that proceeding; and the decision of the Supreme Court on the case so stated shall be binding on the Native Land Court and the Appellate Court.
72 Supreme Court may state case on point of fact or custom for Appellate Court.
Ibid., s. 60
(1)
If any question of fact or of Native custom or usage relating to the interests of Natives in any land or in any personal property arises in the Supreme Court, it shall be competent for that Court to cause a case to be stated and to refer the same to the Native Appellate Court.
(2)
The Native Appellate Court shall forthwith proceed to determine the case so referred to it, and shall transmit a certificate of its opinion thereon to the Supreme Court.
(3)
The Supreme Court may refer back any question so determined to the Native Appellate Court for further consideration.
(4)
The opinion of the Native Appellate Court on any case so stated by the Supreme Court may, if the Supreme Court thinks fit, be accepted as an authoritative determination of the question so referred.
Part III Maori Land Boards
73 Identical with Court districts.
1913, No. 58, s. 16
Every Native Land Court district constituted under this Act shall be a Maori land district, and any alteration of the boundaries or change of the name of a Native Land Court district shall, ipso facto, be an alteration of the boundaries or change of the name of the corresponding Maori land district, so that Native Land Court districts and Maori land districts shall at all times hereafter be coterminous and identical. The Maori land districts existing at the commencement of this Act shall be deemed to have been constituted under this Act, and shall be subject to the provisions of this Act accordingly.
74 Constitution of Maori Land Boards.
Ibid., s. 17 Ibid., s. 18 Ibid., s. 19
(1)
For every Maori land district there shall be a Maori Land Board constituted as hereinafter provided.
(2)
Every Board in existence in any district at the commencement of this Act shall be deemed to be constituted under this Act in respect of the same district, and shall be subject to this Act accordingly.
(3)
Every person holding office at the commencement of this Act as a President or other member of a Board shall be deemed to be holding office under this Act, and shall be subject to this Act accordingly.
(4)
The corporate identity of any Board so in existence at the commencement of this Act shall not be affected by the passing of this Act, but it shall continue to be for all purposes the same Board as before the commencement of this Act.
75 Boards to be corporate bodies.
1913, No. 58, s. 21
(1)
Every Board shall be a body corporate with perpetual succession and a common seal.
(2)
The seal of each Board shall be such as is determined from time to time by the Native Minister, and in the meantime the seal used by any Board at the commencement of this Act shall be the seal of that Board.
(3)
The seal of the Board shall be kept in the custody of the Registrar.
(4)
The seal of the Board shall not be affixed to any document except by or with the authority of the President of the Board. The signature of the President to any document to which the seal of the Board shall be affixed shall be conclusive evidence that the seal was so affixed by or with the authority of the President.
76 Name of Board.
Ibid., s. 22
Every Board shall be called “The [Name of district] District Maori Land Board”
.
77 Constitution of Board.
Ibid., s. 23 1917, No. 25, s. 3 1930, No. 29, s. 5
(1)
(a)
Every Board shall consist of two members, one of whom shall be the Judge and the other the Registrar of the Native Land Court district. The Judge shall be the President of the Board.
(b)
If there is no Judge of the district, the Native Minister may by warrant under his hand appoint a Commissioner of the Court to be a member and the President of the Board.
(2)
If any member of a Board shall cease to hold office as a Judge, Commissioner, or Registrar respectively, he shall, ipso facto, cease to hold office as a member of the Board.
(3)
The President of any Board may, if he thinks fit, at any time or from time to time, by writing in his minute-book, associate with him one or more advisories to advise and assist the Board; but the concurrence of any such advisory shall not be necessary for any decision of the Board.
(4)
Every such advisory shall be paid, out of moneys belonging to the Board, the sum of one pound ten shillings for each day on which he is actually engaged on the business of the Board, together with all sums actually paid by him by way of travelling-expenses while so engaged.
78 Administrative officer.
1913, No. 58, s. 24
The Registrar shall be the administrative officer of the Board in respect of all matters appertaining to business which shall be brought before the Board, and he shall perform all such other administrative duties as the President or the Minister may direct.
79 Powers of members.
Ibid., s. 25
Excepting as hereinafter provided, either member of the Board may, sitting alone, exercise all the powers of the Board.
Provided that the Registrar, sitting alone, may exercise only such powers as shall from time to time be delegated to him in writing by the President, and his decision in any such matter shall be the decision of the Board:
Provided further that the President, either sitting alone or with the Registrar, shall have sole jurisdiction to confirm alienations under Part XIII of this Act.
80 President.
Ibid., s. 26
At every sitting of the Board the President shall, in case of disagreement, decide all matters in question.
81 Jurisdiction.
Ibid., s. 27
(1)
The President of the Board may, while sitting in that capacity, exercise any branch of his jurisdiction as Judge of the Court which it may appear to him ought to be exercised in respect of any matter before him, and he may similarly, while sitting as Judge of the Court, exercise any powers exercisable by the Board or by the Court:
Provided in each case he shall be satisfied that all necessary parties are before him, and are not prejudiced by want of formal notice.
(2)
Where Native Land Court jurisdiction is exercised any order made shall be deemed to be an order of the Court and be dealt with accordingly.
82 In case no members holding office.
1913, No. 58, s. 32
The corporate existence or identity of a Board shall be in no way affected by the fact that for the time being there may be no members of that Board in office.
83 Vacancies not to invalidate acts.
Ibid., s. 28
No act of any Board shall be invalid because of any vacancy in the membership of the Board, or because of any person continuing to act as a member of the Board after he has ceased to hold the qualifying office, or because of any defect or illegality in the appointment to such office.
84 Absence of members.
Ibid., s. 29
(1)
If at any time any member of the Board is absent or unable to act, the Native Minister may by warrant under his hand appoint some person as the deputy of that member during his absence or inability; and the deputy so appointed shall, while the warrant of appointment remains unrevoked, have and may exercise all the powers and functions of the member whose deputy he is.
(2)
The fact of any person so acting as the deputy of a member under an unrevoked warrant of the Native Minister shall be conclusive proof of his authority so to act, and no such warrant shall be questioned on the ground that the occasion for its issue had not arisen or had ceased, nor shall the authority to act of any member of the Board be questioned in any proceedings on the ground that a deputy of that member was in office at the time when the authority was exercised or that act was done.
(3)
Any warrant given under this section may be revoked at any time by the Minister by writing under his hand.
85 Meetings.
Ibid., s. 30
A meeting of the Board may be summoned at any time by the President.
86 Regulations.
Ibid., s. 31
(1)
The Governor-General may from time to time, by Order in Council, make regulations, consistent with this Act, prescribing the practice and procedure of Boards.
(2)
Subject to this Act and to any regulations so made, every Board may regulate its own proceedings.
87 Contracts.
Ibid., s. 33
(1)
Any contract which if made between private persons must be by deed shall, if made by a Board, be in writing under the seal of the Board.
(2)
Every contract must, in order to charge a Board, be either under the seal of the Board or must be in writing signed by some person thereunto duly authorized by the Board.
88 Liability.
Ibid., s. 34
No member of a Board shall be personally liable in damages for any act done or omitted by that Board or by any member thereof in good faith in pursuance or intended pursuance of the authority of this Act.
89 Moneys.
Ibid., s. 35
(1)
All moneys payable under this Act or otherwise to a Board shall, as and when received, be paid into the bank at which the Public Account is kept, to the credit of an account to be called “The [Name of Maori Land Board] Account”
; and all moneys payable by the Board shall be paid out of that account.
(2)
All moneys which are in the hands of the Board at the commencement of this Act shall form part of that account.
(3)
No money shall be paid out of any such account except by cheque signed by the President, or such person or persons as he shall appoint, or in such other manner as is prescribed by regulations.
(4)
The Board may from time to time invest any moneys in its hands in such manner as may be authorized by regulations.
90 Accounts.
1913, No. 58, s. 36
(1)
Every Board shall cause full and accurate accounts to be kept of all moneys received and paid by it, and all such accounts shall be subject to audit by the Audit Office.
(2)
On the close of each year ending on the thirty-first day of March, every Board shall prepare a statement in the prescribed form showing the total receipts and payments and income and expenditure of the Board during that year, together with such other particulars relating to the accounts and moneys of the Board as are prescribed.
(3)
Within thirty days after the close of each such year the President of the Board shall transmit two copies of the aforesaid statement, signed by him, to the Controller and Auditor-General, who shall examine and certify to the correctness thereof, and transmit one copy thereof, certified as aforesaid, to the Native Minister.
91 Expenses.
Ibid., s. 37
All expenses incurred by a Board in the administration of this Act, or in the exercise of any other authority conferred upon it, shall, save so far as those expenses are authorized by this Act or otherwise to be paid out of the revenues received by the Board from property vested in or administered by it, be paid out of moneys appropriated by Parliament for that purpose.
92 Fees.
Ibid., s. 38
All fees received by a Board under the authority of this Act or of regulations made thereunder shall be paid by the Board into the Consolidated Fund.
93 Stamp duty.
Ibid., s. 39 1929, No. 19, s. 13
No stamp duty shall be chargeable on any cheque drawn or receipt given by a Board, or upon any instrument whereby any land becomes vested in a Board, or on any order made by a Board, or on any declaration of trust or memorandum of charge executed by or on behalf of a Board.
94 Administration expenses may be charged to Board funds.
1924, No. 45, s. 4
Every Board shall, out of the funds of the Board, pay into the Consolidated Fund such sum or sums as shall from time to time be requisitioned by the Native Minister in writing under his hand for the purpose of recouping the Consolidated Fund in respect of moneys paid out of that fund for the administration expenses of the Board and the Court.
95 Boards to contribute to Maori Purposes Fund Account.
Ibid., s. 3
Out of the earnings of interest by the Boards there shall be paid into the Maori Purposes Fund Account in each financial year such sum, not exceeding five thousand pounds, as the Native Minister, with the consent of the Minister of Finance, may direct, to be contributed by the Boards in such sums or proportions and at such time or times as the Native Minister, by requisition under his hand, shall prescribe: Provided that for the purpose of paying any such amount a Board may resort to the accumulation of any former year or years.
96 Application of interest earned by Boards.
Ibid., s. 3
(1)
Subject to the provisions hereinafter contained, all sums of money earned as interest by a Board not being on account of any specific investment on behalf of a particular beneficiary and which now or at any time hereafter remain unallotted by the said Board shall be deemed to be the property of the Board.
(2)
The Board shall be at full liberty to allot to any account or accounts, or to any person or persons, such sum for interest as it thinks fair and reasonable, and shall so allot interest in accordance with any regulations for the time being in force.
(3)
Out of moneys so accrued from interest as aforesaid, or out of moneys in its profit and loss account, the Board may, with the precedent approval of the Native Minister, expend moneys for the acquisition of one or more sites for office premises, and the construction, maintenance, improvement, repair, equipment, and furnishing of office premises. In respect of any such property the Board shall possess and exercise all the powers and functions of a corporate body, subject in the case of sale or mortgage of any land to the precedent approval of the Native Minister. This section shall apply to any property upon which money has been expended by a Board.
97 Enabling Boards to impose administrative charges.
1927, No. 67, s. 7
(1)
A Board shall be entitled to charge a commission, not exceeding five pounds per centum, on all rents and other moneys deposited with or collected and distributed by it.
(2)
A Board, when requiring money to be paid to it on behalf of a Native alienor, may stipulate that the purchaser or lessee shall pay a commission to the Board, limited as aforesaid, to defray the cost of distributing such moneys to or on behalf of the beneficiary entitled thereto, and in such case no charge shall be made against the beneficiary.
98 Enabling Boards to appropriate moneys of Native debtors.
1928, No. 49, s. 7
If and whenever any Native indebted to a Maori Land Board, whether the debt is to such Board in its own right or to some person for whom the Board is acting as agent, has money standing to his credit in the Board’s account, it shall be lawful for the Board in its discretion to appropriate such money or any part thereof in reduction or payment of the debt due by such Native.
99 Boards may accept mortgages.
1922, No. 48, s. 19
A Board may, with the consent of the Native Minister, advance moneys upon mortgage, and no mortgage or charge of Native land in favour of a Board shall require confirmation.
100 Authorizing Boards to make advances.
1926, No. 64, s. 8
(1)
Subject to the approval of the Native Minister, given either generally or with respect to any particular Native freehold land, a Board may from time to time advance out of its account moneys for any of the following purposes: —
(a)
For the purposes of any agricultural or pastoral business carried on by it under section three hundred and fifty-eight of this Act:
(b)
For the payment of any debts or liabilities of any body corporate constituted under this Act:
(c)
For the discharge of any charge, encumbrance, rates, or taxes affecting any Native freehold land:
(d)
For the farming, improvement, or settlement of any Native freehold land:
(e)
For any other purpose that the Governor-General in Council may authorize.
(2)
Any moneys so advanced shall become a charge upon the land, and shall bear interest at such rate as the Board shall from time to time decide, and the Board may execute from time to time a memorandum of charge accordingly.
(3)
A memorandum of charge may extend to and include any moneys advanced or expended by a Board prior to the passing of this Act for any of the purposes mentioned in this section.
(4)
The powers conferred by this section are in addition to any other powers of investment possessed by the Board.
101 Board moneys to be a common fund.
1926. No 64, s. 9
(1)
For the purpose of making investments and advances all moneys held by a Board, whether received by such Board before or after the commencement of this Act, and whether directed to be invested or not, shall, unless expressly forbidden to be invested, be one common fund, and any investments made from such common fund shall not be made on account of or belong to any particular estate.
(2)
Moneys expressly invested on behalf of a particular estate or trust shall not form part of the common fund.
(3)
Where the funds of any Board are insufficient for its purposes any profits held by any other Board may, on the requisition of the Native Minister, be made available for and applied to meet the requirements of the first-mentioned Board.
102 Board to be a leasing authority under Public Bodies’ Leases Act, 1908.
1929, No. 19, s. 21
(1)
Each Board is hereby declared to be a leasing authority within the meaning of the Public Bodies’ Leases Act, 1908, and may exercise the powers conferred by that Act upon a leasing authority.
(2)
If and whenever a Board acting under the provisions of the Public Bodies’ Leases Act, 1908, accepts a surrender of any lease with the object of granting a new lease of the whole or any part or parts of the land comprised in the surrendered lease, the new lease so granted shall be deemed to be subject to all existing encumbrances, liens, and interests (if any) registered or entitled to be registered against the surrendered lease, and the District Land Registrar shall, subject as hereinafter mentioned, enter in the register, so far as they may be applicable, all registered encumbrances, liens, and interests, and upon such entry they shall take effect according to priority of registration as fully and effectually and may be enforced in the same manner as if they were dealings with the leasehold interest contained in the new lease, modified as the circumstances may require:
Provided, however, that it shall not be necessary to enter against the new lease any such encumbrances, liens, or interests where the person or persons entitled to the benefit thereof consent to their non-registration.
103 Authorizing Boards to guarantee accounts of Native dairy-farmers.
Ibid., s. 24
(1)
For the purpose of assisting and encouraging Natives in their efforts to become dairy-farmers, and to increase their output and extend their operations, a Board may, with the consent of the Native Minister, enter into contracts with any co-operative dairy company as defined by section forty-eight of the Dairy Industry Act, 1908, as amended by section ten of the Dairy Industry Amendment Act, 1922, for the guarantee of the payment to such company of any moneys owing or that may become owing to that company by any Native carrying on or preparing to carry on dairying operations, but not exceeding in any one case the sum of three hundred pounds.
(2)
For the purpose of protecting the Board in case of its being called upon to pay any money under any guarantee granted by the Board under this section, the Board may at any time, and from time to time, execute and register a memorandum of charge to secure the payment of the sum guaranteed, notwithstanding that no claim has up to that time been made upon the Board in respect of such guarantee.
(3)
Without limiting the right of the Board to take or require any other class of security, all sums of money which the Board may be called upon to pay on behalf of the Native whose indebtedness is guaranteed as aforesaid shall constitute a charge upon the land or interest in land whereon he is carrying on dairying operations, and shall bear interest at such rate as the Board shall from time to time determine. The Board may apply to the Court for an order directing that any other land or interest therein belonging to the same Native in severalty or in common with others, or to the members of his family who are or were receiving any benefit from the dairying operations of such Native, be charged with the amount due under such guarantee, and in such case the moneys expended by the Board in respect of the guarantee shall be a charge upon that other land or interest in land so directed by the Court to be charged, and a memorandum of charge may from time to time be executed by the Board.
(4)
There shall be paid to the Board by way of commission in respect of every such guarantee the sum of one pound per centum, but in no case shall the sum to be paid be less than two pounds ten shillings, except with the approval of the Native Minister.
104 Establishment of Investment Guarantee Fund.
1929, No. 19, s. 25
(1)
For the purpose of making provision for the due protection of all investments made by Maori Land Boards, whether of their own funds or of trust funds or of any other funds administered by them, or in respect of any guarantee given by a Board for or on behalf of any Native, there is hereby established a fund, to be known as the Maori Land Boards Investment Guarantee Fund (hereinafter in this section referred to as the Guarantee Fund).
(2)
The Guarantee Fund shall be the joint property of the Boards, and shall be held in trust for the purposes hereinafter appearing.
(3)
Every Board shall, at such times and in such manner as the Native Minister may from time to time direct, contribute and pay to the Guarantee Fund such sums as the said Minister may from time to time determine.
(4)
The Guarantee Fund shall be invested or reinvested in such manner as the Native Minister may from time to time direct, and the earnings shall be included in and form part of the Fund until it reaches a sum of ten thousand pounds, or such lesser amount as the Native Minister may appoint. The earnings accruing to the Guarantee Fund at any time while the amount of the fund is not less than ten thousand pounds, or such other amount as may be appointed as aforesaid, shall be paid to the respective Boards in proportion to the amounts contributed by them to the Guarantee Fund.
(5)
The Guarantee Fund shall be available for payment of all losses arising out of or in connection with the transactions of a Maori Land Board in respect of the making of advances or loans, whether secured by mortgage or charge, or in respect of any guarantee given by the Board for or on behalf of any Native under any statutory provisions in that behalf. The Native Minister may direct how and in what sums payments out of the Guarantee Fund shall be made as aforesaid.
105 Authorizing purchase and farming of lands.
1929, No. 19, s. 26
(1)
(a)
Out of any funds at its disposal a Board may with the approval of the Native Minister acquire any freehold or lesser interest in land at such price and upon such terms as the Board shall think expedient, with power to mortgage the land or interest in land to secure the due payment of the purchase-money thereof either in one sum or by instalments or otherwise as the Board shall determine.
(b)
The powers conferred upon a Board by this section may be exercised notwithstanding that the freehold of the land in which any interest is acquired is already vested in the Board.
(2)
(a)
The Board may lease or otherwise dispose of the interest in land so acquired (subject to the consent of the Native Minister in the case of sale), and may, if and so long as it thinks fit, instead of leasing the land, occupy and manage the whole or any part or parts thereof as a farm and carry on any agricultural or pastoral business thereon.
(b)
In such case the Board may from time to time, with the approval of the Native Minister, appoint some fit person to be the manager of the said farm, at such salary and remuneration (if any) as the Board with the approval of the Native Minister shall determine, and may at any time remove such manager and with the approval of the Native Minister appoint some other fit person in the place of the manager so removed.
(c)
The manager of any such farm shall be deemed to be the servant of the Board, and he shall have such powers of control and management of the farm as the Board confers upon him, and he shall at all times conform to the directions of the Board in that behalf.
(d)
No manager or any other servant employed by the Board in connection with its farming operations shall be deemed by reason only of being so employed to become an officer of the Public Service.
(3)
The Board may from time to time, for the purpose of its farming operations, buy and sell stock, chattels, and other personalty, and may raise such moneys as it thinks fit on the security of any stock or other chattels owned by the Board.
(4)
With the consent of the Native Minister, the Board may from time to time, for the purpose of acquiring any freehold or lesser interest in land as provided in paragraph (a) of subsection one hereof, or for the purpose of any farming operations conducted by it, or for such other purpose as the Native Minister may authorize, raise such moneys from any person or corporation, or from any bank either by way of overdraft on current account or otherwise as it thinks fit, on the mortgage of any land or interest in land vested in the Board, whether acquired under this section or not, and notwithstanding that such land may be vested in the Board under Part XIV or Part XV of this Act.
(5)
The provisions of section one hundred hereof shall apply to any interest in land acquired under this section.
(6)
When any doubt arises as to the beneficial owners for whom the Board, in exercise of the powers conferred by this section, holds any land or interest therein, or any stock or chattels, or any moneys arising therefrom, the Board may apply to the Court for an order determining the persons who are entitled to participate as beneficial owners of the land or interest in land or of the stock, chattels, or moneys, and the Court is hereby authorized to make orders accordingly.
(7)
This section shall apply as well to any interest in land heretofore acquired by the Board as to any interest hereafter acquired.
106 Boards may acquire land for Natives.
1927, No. 67, s. 12
(1)
It shall be lawful for a Board, subject to the consent of the Native Minister, to acquire an interest in land for and on behalf of any Native or body of Natives, including a body corporate constituted under Part XVII of this Act, at such price and upon such terms as the said Board shall think expedient.
(2)
No transfer or other instrument of alienation of such land or interest therein to the Board shall require confirmation under this Act although executed by Natives, but shall take effect according to its tenor and may be registered accordingly. This section shall apply to instruments of alienation executed before as well as after the passing of this Act.
(3)
The said Board shall hold the land so acquired upon trust for the person upon whose behalf it was acquired, subject to payment to the Board of the costs of acquisition, the Board’s charge for administration, and any payments made by the Board for or in respect of such land.
(4)
Notwithstanding that such land may not be Native freehold land, it shall nevertheless be subject to the provisions of section one hundred hereof, in the same manner as if it was Native freehold land.
(5)
The Court may from time to time upon the application of the said Board make an order vesting the land so acquired in the person for the time being beneficially entitled thereto for an estate of freehold in fee-simple or any lesser interest, and the land or interest therein shall vest in the person named in such order, subject to any encumbrance, charge, or lien to which the land or interest therein is then subject. Where the whole of the freehold interests in any area of land not being Native land is so vested, the land affected shall, upon the making of such order, be deemed to become Native freehold land, and be subject to the provisions affecting Native freehold land.
107 Authorizing Boards to undertake any industry on behalf of Natives.
1930, No. 29, s. 10
A Board may, subject to the approval of the Native Minister, engage in or undertake any industry or business which it may deem to be in the interests of Natives, and may for that purpose buy, sell, or bail personal property, including shares in any dairy company or freezing company, and also with the Minister’s approval may purchase or acquire the stock in trade or goodwill of any existing industry or business.
108 Lender not concerned as to necessity for or application of loan.
1927, No. 67, s. 10
No person lending money to a Board upon the security of any land vested in such Board shall be concerned to see or inquire as to the necessity for the loan or as to the application of the proceeds thereof by the mortgagor, and every such security shall be as valid and effectual for the protection of the mortgagee and his assigns as if the mortgagor had been entitled in its own right to the lands comprised in such security. This section shall apply to mortgages executed before as well as those executed after the commencement of this Act.
109 Provision for memorandum of charge.
1926, No. 64, s. 8 1929, No. 19, b. 24
(1)
If and whenever the Board is authorized to execute a memorandum of charge under this or any other Part of this Act, such memorandum of charge shall be executed by the Board under its seal, and shall thereupon have the effect of charging the land therein mentioned or the freehold or lesser interest of any person beneficially entitled thereto with the payment “upon demand”
, as defined in the Fifth Schedule to the Chattels Transfer Act, 1924, of the principal sum and interest mentioned in such memorandum of charge. A memorandum of charge may be registered against the land affected, and shall, without confirmation under Part XIII of this Act, have the same force and effect, and may be enforced, dealt with, or discharged accordingly, as if it were a memorandum of mortgage under the Land Transfer Act, 1915, containing the usual covenants expressed or implied in that Act duly executed by the owners of the land affected or their trustees, or by the Board as agent of the assembled owners, and as if such persons or Board were fully competent to execute the same.
(2)
Any charge executed under this section shall extend to and include the charging of the lands with the payment of any commission due to the Board, of the costs, charges, and expenses incurred by the Board in and about the security or the realization or enforcement thereof, of the cost of maintaining and protecting any stock or chattels to which the Board might have any claim by virtue of guarantee or collateral security, and of the cost of enforcement of the charge or any claim arising either directly or indirectly thereout.
(3)
This section shall apply to any land owned by Natives, notwithstanding that the land concerned may be owned by more than ten owners, or that it may be vested in a Board, the East Coast Commissioner, or a body corporate under Part XVII of this Act.
110 Enabling Boards to receive moneys and give discharge.
1929, No. 19, s. 22
(1)
Whenever any moneys payable to Natives are held by any Government officer or State Department, such moneys may be paid to a Board (subject to the consent of such Board) for payment to the persons entitled thereto, and the Board may give a lawful discharge and acquittance for all moneys so paid to it, and thereupon the liability of the officer or Department to account for the moneys so paid to the Board shall cease and determine.
(2)
Whenever a Board is willing to accept the payment of money on behalf of any Native entitled thereto (including money payable to the estate of a deceased Native), it shall be lawful for the person by whom the money is payable to pay the same to the Board, and the Board may accept such payment and give a lawful discharge and acquittance for the amount so received:
Provided that such payment shall not be deemed to be a waiver in law of any rights the Native entitled thereto may have, nor shall it estop any person interested in such payment from disputing the correctness of the amount so paid to the Board or from recovering from any person liable to pay the same any further money that may be found to be payable in respect of the same transaction.
(3)
Moneys paid to a Board under this section shall, so long as any part thereof is held by the Board, be deemed to be subject to the protection of section five hundred and fifty of this Act, and the provisions of that section shall, with all necessary modifications, apply to those moneys, notwithstanding that in any case such moneys may not have been derived from the sale or other alienation of Native freehold land. Nothing herein contained shall prevent any such money being paid to the beneficiary entitled thereto.
111 Vesting.
1913, No. 58, s. 40
(1)
When any Maori land district is constituted or abolished, or when the boundaries of any Maori land district are altered, the Governor-General may by Order in Council make such order as he thinks fit for vesting in the Board of any district any Native land situated in that district and vested in any other Board; and the land shall vest accordingly and become subject to the jurisdiction of the Board in which it is so vested, and any such Order in Council may be registered accordingly under the Land Transfer Act, 1915, as an instrument of title.
(2)
In any case the Governor-General may also, by the same or any other Order in Council, make such order as he thinks fit for the transfer from the Board to another Board of any of the assets or liabilities of the former Board, and those assets and liabilities shall thereupon pass to the latter Board accordingly.
(3)
When land situated in the district of any Board becomes (by reason of any alteration of boundaries or by reason of the creation or abolition of any Maori land district) situated in the district of another Board, all the powers, rights, duties, and functions of the former Board in respect of that land shall pass to the latter Board; and the latter Board shall for all purposes be deemed to be, in respect of that land, the successors in office of the former Board.
Part IV Customary Land
112 Customary title not to avail against the Crown.
1909, No. 15, s. 84 1913, No. 58, s, 43
Save so far as otherwise expressly provided in any other Act, and save as to the rights of Natives and their descendants to have their claims to any customary land investigated and adjudicated upon by the Court and the Appellate Court, the Native customary title to land shall not be available or enforceable as against His Majesty the King or any officer of the Public Service acting in the execution of his office by any proceedings in any Court or in any other manner.
113 Proclamation to be conclusive as to title.
1909, No. 15, s. 85
A Proclamation by the Governor-General that any land vested in His Majesty the King is free from the Native customary title shall in all Courts and in all proceedings be accepted as conclusive proof of the fact so proclaimed.
114 No alienation of land by the Crown to be invalid by reason of customary title thereto not having been duly extinguished.
Ibid., s. 86
No Crown grant, Crown lease, or other alienation or disposition of land by the Crown, whether before or after the commencement of this Act, shall in any Court or in any proceedings be questioned or invalidated or in any manner affected by reason of the fact that the Native customary title to that land has not been duly extinguished.
115 Extinguishment of customary title by lapse of time.
Ibid., s. 87
The Native customary title shall for all purposes be deemed to have been lawfully extinguished in respect of all land which during the period of ten years immediately preceding the thirty-first day of March, nineteen hundred and ten, has been continuously in the possession of the Crown, whether through its tenants, or otherwise howsoever, as being Crown land free from the Native customary title.
116 Proceedings for recovery of possession of customary land.
Ibid., s. 88
(1)
For the purpose of recovering possession of customary land from any person in wrongful occupation thereof, and for the purpose of preventing any trespass or other injury thereto, or of recovering damages for any such trespass or injury, all such land shall be deemed to be Crown lands within the meaning of the Land Act, 1924.
(2)
No action or other proceeding other than a proceeding by or on behalf of the Crown under the last preceding subsection shall be brought in any Court by any person for recovery of the possession of customary land, or for damages or an injunction in respect of any trespass or injury to such land.
(3)
Nothing this section shall be so construed as to take away or affect any jurisdiction conferred upon the Native Land Court or the Appellate Court by this Act.
117 Customary land inalienable.
1909, No. 15, s. 89
No person shall be capable of making, whether by will or otherwise, and whether in favour of a Native or of a European or of the Crown, any alienation or disposition of customary land or of any interest therein.
118 Native Land Court to have exclusive jurisdiction in respect of customary land.
Ibid., s. 90
The Native Land Court shall have exclusive jurisdiction to investigate the title to customary land, and to determine the relative interests of the owners thereof.
119 Customary title to be determined by reference to ancient Maori custom.
Ibid., s. 91
Every title to and interest in customary land shall be determined according to the ancient custom and usage of the Maori people so far as the same can be ascertained.
120 Freehold orders to be made by Court on ascertainment of title.
Ibid., s. 92
On any such investigation and determination the Court shall make an order (in this Act called a freehold order) defining the area so dealt with, naming the persons found entitled thereto, and specifying their relative interests in the land.
121 Freehold order to have effect of Crown grant.
Ibid., s. 93
Every freehold order shall on the making thereof have the effect of vesting the land therein referred to in the persons therein named for a legal estate in fee-simple in possession, in the same manner as if the land had been then granted to those persons by the Crown; and the land shall be deemed to have been so granted accordingly, and shall thereupon cease to be customary land, and shall become Native freehold land.
122 Tenancy in common by two or more owners.
Ibid., s. 94
When two or more persons are named in any freehold order as entitled to land, they shall hold the same as tenants in common in the shares expressed in the order.
123 Land included in freehold order to become subject to Land Transfer Act.
Ibid., s. 95
The land included in any freehold order shall, on the making of the order, become subject to the Land Transfer Act, 1915. A duplicate of every such order shall, on the sealing of the order, be transmitted by the Chief Judge to the District Land Registrar of the district in which the land is situated. If the land is situated in two or more districts, duplicates of the order shall be transmitted to the District Land Registrar of each such district, and shall by each such Registrar be dealt with, so far as it relates to land in his own district, in manner provided in this Part of this Act.
124 Provisional registration of freehold orders.
Ibid., s. 96
On the receipt of any freehold order so transmitted the District Land Registrar shall embody the order in the Provisional Register as a folium thereof, and all the provisions of the Land Transfer Act, 1915, as to provisional registration shall, subject to this Act, apply accordingly.
125 Registrar may retain title on Provisional Register if number of owners exceeds ten.
Ibid., s. 97
The District Land Registrar may at his discretion retain any title on the Provisional Register so long as the number of owners exceeds ten.
126 Separate certificates of title unnecessary.
Ibid., s. 98
It shall not be necessary in any case to issue separate certificates of title to tenants in common of Native land, whether on the original registration of the title under the Land Transfer Act, 1915, or on any subsequent dealing with that land.
127 Succession order may be made if person named in freehold order is dead before date thereof.
1909, No. 15, s. 99
If any person named as an owner in any freehold order is dead before the making of the order, the order shall enure for the benefit of such person or persons as would have been entitled to succeed on the intestacy of that person if he had died immediately after the making of the freehold order; and a succession order may be made in favour of any such person accordingly.
128 Completion of proceedings where title to customary land or land under Land Transfer Act has not been registered.
Ibid., s. 101
(1)
All land which by virtue of section seventy-three of the Native Land Court Act, 1894, is subject to the Land Transfer Act, 1915, but the title to which has not been registered or provisionally registered before the commencement of this Act, shall, so far as the registration or provisional registration of the title thereto is concerned, remain subject to the provisions of the said section in the same manner as if this Act had not been passed.
(2)
All land the Native customary title to which has been ascertained under the Native Land Court Act, 1894, but which has not become subject to the Land Transfer Act, 1915, before the commencement of this Act, may be registered or provisionally registered under that Act in accordance with the provisions of section seventy-three of the Native Land Court Act, 1894.
129 Land to be held by two or more owners in common and not jointly.
Ibid., s. 102
(1)
Subject and without prejudice to any alienation made before the coming into operation of the Native Land Court Act, 1894, all Native land heretofore held or hereafter to be held by two or more persons beneficially entitled thereto for an estate in fee-simple shall be deemed to be, and to have been, and shall be held by them as tenants in common and not as joint tenants; but nothing herein contained shall affect any judgment of the Supreme Court that any such land was held by the owners thereof as joint tenants.
(2)
The estate or interest of the persons beneficially entitled shall not be deemed to be or to have been equal or of equal value unless so stated in the instrument of title.
Part V Ascertainment of Equitable Owners
130 Jurisdiction under this Part to be subject to authority of Order in Council.
Ibid., s. 103
(1)
The Native Land Court shall not proceed to exercise in respect of any land the jurisdiction conferred by this Part of this Act unless authorized by Order in Council so to exercise the same in respect of that land.
(2)
Every Order in Council in force at the commencement of this Act under Part V of the Native Land Act, 1909, shall be deemed to have been made under this Part of this Act, and shall confer jurisdiction according to its tenor.
131 Ascertainment of equitable owners, and, in certain cases, partition among persons entitled.
Ibid., s. 104
The Court shall have jurisdiction under this Part of this Act to determine whether or not any land granted to Natives by the Crown prior to the twenty-third day of October, eighteen hundred and ninety-four (being the day of the passing of the Native Land Court Act, 1894), or dealt with by the Court prior to that date by way of ascertainment of Native customary title or by way of partition, was, when so granted by the Crown or dealt with by the Court, intended by the Crown or by the Court, or by the nominal owners of the land (whether such nominal owners were a tribe, hapu, section of a tribe or hapu, or definite individuals), to be field by the nominal owners in trust for persons not named in the title to the land; and to determine who (if any) are the persons entitled beneficially to any land so held in trust, and the relative interests of all persons so entitled; and to order the inclusion of those persons in the title, either together with or in lieu of the nominal owners; and, if necessary or expedient, to partition the land among the persons so found to be entitled; and for the purposes aforesaid to order the cancellation or amendment of any existing instrument of title, and the issue of such new instruments of title as may be necessary.
132 Effect of order of Court made upon ascertainment of equitable owners.
1909, No. 15, s. 105
(1)
An order made in the exercise of such jurisdiction shall vest in the persons so found to be entitled only such estate as the nominal owners held at the date of the issue of the Order in Council conferring jurisdiction.
(2)
All rights to which the nominal owners are at that date entitled, by contract or otherwise, in respect of the land shall pass to and enure for the benefit of the persons so found to be entitled.
133 Order not to affect alienations made before the conferring of jurisdiction.
Ibid., s. 106
No order made by the Court under this Part of this Act shall invalidate any alienation made in respect of the land before the issue of the Order in Council conferring jurisdiction.
134 Native reserves not subject to this Part of this Act.
Ibid., s. 107
The Court shall not exercise jurisdiction under this Part of this Act in respect of any Native reserve as defined by this Act.
135 Limited jurisdiction in respect of confiscated lands.
Ibid., s. 108
(1)
The Court shall not exercise such jurisdiction in respect of confiscated lands which have been granted or agreed to be granted to Natives by the Crown under any special statutory provision, unless an insufficiently defined trust is expressed in the Crown grant or other instrument of title.
(2)
In the case of any such insufficiently defined trust the Court may exercise the same jurisdiction under this Part of this Act, as if the persons in whom the land is vested were nominal owners thereof within the meaning of this Part of this Act.
Part VI Partition
136 Jurisdiction as to partition of Native freehold land.
Ibid., s. 109
The Native Land Court shall have exclusive jurisdiction to partition Native freehold land.
137 Jurisdiction to be exercised at discretion of Court.
Ibid., s. 110
The jurisdiction conferred by this Part of this Act shall be discretionary, and the Court may refuse to exercise such jurisdiction in any case in which it is of opinion that partition would be inexpedient in the public interest or in the interest of the owners or other persons interested in the land.
138 Partition orders to constitute title.
Ibid., s. 111
(1)
Native freehold land may be partitioned by the Court at any time by the making of partition orders.
(2)
Each such partition order shall constitute, without any transfer or other instrument of assurance, the title to the parcels of land therein included.
139 Partition orders may be made in respect of land owned beneficially or held in trust.
Ibid., s. 112
Native land may be partitioned by the Court, whether it is owned at law by the beneficial owners thereof or is vested in trust for them or any of them in a Maori Land Board, or in the Native Trustee, or in any other person or body corporate; but when the land is so held in trust, a partition shall affect only the equitable estate of the beneficiaries.
140 Consent of Board or Native Trustee required before making partition order.
1909, No. 15, s. 113
No partition order shall be made in respect of any land vested in a Maori Land Board, or administered by any such Board under Part XVI of this Act, or vested in the Native Trustee as a Native reserve, unless the Board or the Native Trustee, as the case may be, has first consented to the exercise of that jurisdiction by the Court.
141 Registration of partition orders affecting land subject to Land Transfer Act.
Ibid., s. 114
When a partition order affects the legal title to land which is subject to the Land Transfer Act, 1915, the following provisions shall apply to the registration of the order under that Act: —
(a)
If, when the order is received by the District Land Registrar, the title to the land so partitioned is already on the Register as finally constituted under that Act, the order shall be registered against the title in accordance with that Act.
(b)
If, when the order is so received by the District Land Registrar, the title to the land partitioned is on the Provisional Register, the order may be registered against the title in accordance with that Act, or the order may be embodied in the Provisional Register as a separate folium thereof, and shall be numbered accordingly, and when so numbered shall be deemed duly registered. The folium relating to the land partitioned shall thereupon be cancelled so far as regards the parcel included in the partition order so registered, and all entries and memorials affecting the title to that parcel shall be transferred to the folium so constituted.
(c)
If, when the partition order is received by the District Land Registrar, the title to the land partitioned has not already been finally or provisionally registered, the partition order shall be embodied in the Provisional Register, and shall form a separate folium thereof, and shall be numbered accordingly, and when so numbered shall be deemed duly registered.
(d)
All the provisions of the Land Transfer Act, 1915, as to provisional registration shall, subject to this Act, and so far as applicable, apply to provisional registration under this section.
(e)
The District Land Registrar may, at his discretion, retain on the Provisional Register any title which has been entered thereon under this section, so long as the number of owners exceeds ten.
142 Upon partition, Court may apportion rights and obligations to which partitioned land is subject.
Ibid., s. 115
When any partition order is made, the Court may, in that order or in any subsequent order made on the application of any person interested, or of the Native Minister, apportion between the several parcels into which the land has been partitioned all rights, obligations, or liabilities arising from any lease, license, mortgage, or charge to which the land is subject at the date of the partition thereof; and any such order of apportionment shall have effect according to its tenor in the same manner in all respects as if all necessary transfers, releases, covenants, and other dispositions or agreements had been duly made in that behalf by all persons concerned, and may be registered under the Land Transfer Act, 1915, accordingly.
143 Partition may be among owners in severalty or among owners in common.
1909, No. 15, s. 116
The Court may partition land either into parcels held by single owners in severalty, or into parcels held by any number of owners as tenants in common, or may partition the land partly in one manner and partly in the other.
144 Court, so far as possible, to avoid partition into areas unsuitable for separate ownership.
Ibid., s. 118 1913, No. 58, s. 54
(1)
It shall be the duty of the Court so to exercise its jurisdiction under this Part of this Act as to avoid, so far as practicable, in the opinion of the Court, the subdivision of any land into areas which, because of their smallness, or their configuration, or for any other reason, are unsuitable for separate ownership or occupation, and generally shall have regard to the configuration of the country, the best system of roading, and facilities for settlement.
(2)
The Court shall have regard, as far as practicable, to the interests of the Native owners.
145 Valuers and surveyors.
Ibid., s. 56
(1)
The Court may engage such valuers and surveyors to assist in the work of classification and subdivision as the Judge may think necessary.
(2)
On partition a Judge may require an authorized surveyor to sit as an assessor to advise and assist on questions of allocation and boundaries, but such surveyor shall have no judicial function.
(3)
Any person so engaged may be paid such remuneration and such travelling allowances and expenses, out of moneys appropriated by Parliament for such purposes, as the Governor-General from time to time determines.
146 For purpose of partition, Court may combine areas.
1929, No. 19, s. 14
(1)
Where the whole or any of the owners in common of one area of land owned or partly owned by Natives are also the whole or any of the owners in common of any other area or areas of land, the Court may, for the purposes of partition as between the owners, treat those several areas’ as a single area owned by them in common, and make an order or orders of partition in respect thereof accordingly.
(2)
For the purpose of giving effect to any such order of partition, the Court may cancel or vary any partition order or other order, although that order has already been registered or provisionally registered on the Land Transfer Register, and in such case the District Land Registrar shall make all necessary consequential amendments of the register or provisional register, as the case may be.
(3)
The Court may limit and define the whole or any part of the interest of any owner or owners within such part of the combined areas as the Court thinks expedient, and may likewise exclude from any area the whole or part of the interest of any person theretofore included as an owner.
(4)
No cancellation, variation, or amendment made under this section shall take away or affect any right or interest acquired in good faith and for value prior to the date of such cancellation, variation, or amendment.
(5)
The making of any order under the provisions of this section shall not affect any valid lease, mortgage, charge, or encumbrance to which the land is subject at the date of that order, or the right to obtain confirmation of any alienation under an instrument of alienation theretofore executed, and any such valid lease, mortgage, charge, or encumbrance may be registered by the District Land Registrar against the title of the land affected thereby.
147 Permitting adjustment of errors on partition.
1922, No. 48, s. 11
(1)
Where through error, inadvertence, or otherwise any Native freehold land or improvements thereon properly belonging to one person or party has upon or in consequence of a partition order been awarded or allotted to some other person or party, the Court, for the purpose of rectifying or remedying any injustice occasioned thereby, shall be deemed to have and to have had jurisdiction to hear any claim arising thereout, and to make such order either by way of awarding compensation or otherwise as it shall deem just, and to charge the payment thereof together with interest upon any land which it thinks ought to bear the burden, subject to any existing liens and encumbrances.
(2)
The amount so charged upon any land may be apportioned by the Court from time to time as occasion requires.
148 Enabling an award of additional land to be made to any owner of Native land on partition of such land to recompense him for moneys paid for survey charge or rates due on such block.
1919, No. 43, s. 10
Where it is proved to the satisfaction of the Court that any owner of a block of Native land has paid out of his own moneys any survey charge or rates due in respect of such land, or has otherwise expended money for any purpose which in the Court’s opinion is for the benefit of the whole of the owners of such land, the Court may in its sole discretion award, upon partition, to such owner such area in addition to the area to which he would be entitled in exact accordance with his interest as in the Court’s opinion would be adequate to recompense him for the money so expended by him.
149 In certain cases Court may allot on partition a larger or smaller area than that to which owner is actually entitled.
1909, No. 15, s. 120
(1)
Where by reason of the smallness of the undivided shares, or for any other reason, the Court is of opinion that it is inexpedient or impracticable to partition any area in exact accordance with the respective shares of the owners, the Court may, in partitioning that area, allot to any owner a parcel greater in value than that to which he is otherwise entitled, and may allot to any other owner a parcel proportionately less than that to which he is otherwise entitled.
(2)
The value of the parcel so allotted to any owner shall in no case be less than two-thirds of the full value to which he is otherwise entitled.
(3)
The deficiency in the value of any such parcel shall be determined by the Court, and shall be stated in the partition order, and shall be expressly constituted by that order a charge upon the parcel which possesses the corresponding excess in value.
150 Court may cancel partition order if not registered under Land Transfer Act.
Ibid., s. 121 1922, No. 48, s. 2
(1)
The Court may at any time cancel, wholly or in part, a partition order made by it or by the Appellate Court, whether before or after the commencement of this Act, and not yet registered, either finally or provisionally, under the Land Transfer Act, 1915, and thereupon, unless another partition order is at the same time made in lieu thereof, the land affected by the order so cancelled shall, to the extent of the cancellation, again be held in common ownership in the same manner and in the same shares as if no such partition had taken place.
(2)
No partition order shall, in respect of any parcel in which any person has acquired an interest by reason of any alienation not affecting the whole of the land partitioned, be cancelled without the consent of the person so interested.
151 Amendment of partition orders.
1913, No. 58, s. 59
Any Judge may at any time, of his own motion, amend or vary the description or boundaries of any parcel of land awarded by the Court on partition to such an extent as may seem to him not to materially affect the interests of the parties on partition; and may, after hearing such of the parties affected as he deems necessary, make any amendment or variation of description or boundaries; and the signature of the Judge to any plan of any partition as surveyed shall be conclusive evidence that such plan accords with the orders made by the Court, notwithstanding that the description of any parcel or parcels in such orders may not have been formally amended; and the District Land Registrar shall issue certificates of title according to such plan when signed by the Judge. No appeal shall lie from any amendment or variation of any order under this section.
152 Validity of orders.
Ibid., s. 60
It shall not be necessary to the validity of any order made on partition (whether made before or after the passing of this Act) that the boundaries of the subdivision shall have been actually laid down by survey on the ground if the order shall contain a description of the subdivision, or shall have endorsed thereon a plan thereof sufficient to enable the boundaries to be correctly laid down on survey.
153 Upon partition, trustee to continue in office in respect of Native under disability.
1909, No. 15, s. 122
The trustee for a Native under disability of an interest in land partitioned shall, unless the Court otherwise orders, continue to be trustee for that Native of any interest to which that Native becomes entitled under the order of partition.
154 Continuance of rights or interests to which partitioned land is subject.
Ibid., s. 123
When an undivided share owned by any person in Native land is subject to any right or interest vested in any other person, that right or interest shall attach to and affect any parcel which, on a partition of the land, is allocated to the owner of that undivided share.
Part VII Exchange and Consolidation
Exchange
155 Native Land Court may make orders of exchange.
Ibid., s. 124 1928, No. 49, s. 8
(1)
An alienation of Native freehold land by way of exchange may be effected, in accordance with this Part of this Act, by the Native Land Court by means of an order of exchange.
(2)
The making of any such order shall, subject to the provisions of this Part of this Act, be absolutely in the discretion of the Court.
(3)
None of the provisions contained in any other Part of this Act with respect to the alienation of Native freehold land shall apply to any exchange under this Part of this Act.
(4)
The Court shall have power to make an order of exchange vesting European land or an interest therein in any Native. Such order shall be registrable by the District Land Registrar and shall take effect subject to all registered dealings having priority over it.
156 Other modes of exchange not affected.
1909, No. 15, s. 125
Nothing in this Part of this Act shall prevent the alienation of Native land by way of exchange in any other manner in which such an alienation could otherwise be effected independently of this Part of this Act.
157 What interests in land may be exchanged hereunder.
Ibid., s.126
Any interest in Native freehold land may be exchanged under this Part of this Act for any other interest, whether of the same or of any other description, and whether legal or equitable in any other Native freehold land or in any European land; but nothing in this Part of this Act shall extend or apply to the exchange of any interest held by a European in Native land, other than an undivided share in the legal or equitable fee-simple thereof.
158 Matters on which Court is to be satisfied before making order.
1909, No. 15, s. 127
The Court shall not make an order of exchange unless satisfied as to the following matters: —
(a)
That the exchange is for the benefit of the Native owners affected thereby:
(b)
That no Native will, by reason of the exchange, become land less within the meaning of this Act:
(c)
That the interests to be exchanged are approximately equal in value, and for this purpose they shall be deemed to be approximately equal if the difference between them does not exceed one hundred pounds or if it does not exceed one-fourth of the aggregate value of both interests:
(d)
That where the interests so exchanged are unequal in value, a sufficient sum of money by way of equality of exchange has been actually paid or sufficient security for the payment thereof has been given or obtained, whether by way of a charge under the provisions hereinafter contained or otherwise:
(e)
That all Natives and other persons in whom any interest so to be exchanged is vested consent to the exchange.
159 Effect of order of exchange.
Ibid., s. 128 1912, No. 34, s. 12
(1)
An order of exchange shall operate according to its tenor to transfer and vest the respective estates and interests expressed to be thereby exchanged in the same manner as if all necessary instruments of assurance had been lawfully executed by and between all persons interested, and as if they had all been fully competent in that behalf.
(2)
When European land becomes vested in any Native for an estate in fee-simple, whether legal or equitable, by virtue of an order of exchange, such land shall thereupon become Native freehold land, notwithstanding anything to the contrary in this Act.
160 Money payable by way of equality of exchange to constitute a charge on land.
1909, No. 15, s. 129
When any money is payable by any person by way of equality of exchange in pursuance of an order of exchange, the Court may in and by the order of exchange, or by a separate charging-order, constitute that money (together with interest thereon at the rate of five per centum per annum) a charge upon any interest owned by that person in any land; and the money so charged shall be payable in accordance with the tenor of the order.
Consolidation
161 Facilitating consolidation of interests.
1923, No. 32, s. 6 1927, No. 67, s. 22
(1)
In order to facilitate the consolidation by way of exchange or otherwise of the interests of owners of Native land into suitable areas the Native Minister may, at any time and from time to time, make application to the Court to prepare a scheme of such consolidation with respect to any specified area or areas of land owned by Natives, and the Court shall thereupon proceed to prepare a scheme accordingly and to make all necessary inquiries in that behalf, and shall submit that scheme under the seal of the Court to the Native Minister for his approval.
(2)
Any such scheme may relate to the land mentioned in the application, or, if in the opinion of the Court it is necessary or desirable for the more effective consolidation of the interests of the Native owners, the Court may include in such scheme any other Native land or any land or interests in any land owned by the Crown, by a Native, or by any European. No European who submits his land to the jurisdiction of the Court under this section shall be permitted to withdraw the same therefrom without the consent of the Court first had and obtained.
(3)
The Court in the course of preparation of such scheme, or in carrying the same or any part thereof into effect, shall have full jurisdiction to make such succession and trustee orders as it may think necessary. No fees or Native succession duty shall be payable on any succession or trustee orders so made. The Court may declare any succession order already made and requisite for the purpose of the consolidation as exempt from Native succession duty, and it shall cease to be liable for payment thereof accordingly.
(4)
In course of preparing the said scheme or in carrying it out the Court may make orders having the effect of charging the interests of any person, or of any number of persons (including the Crown where it is interested), in any lands affected by the scheme with the payment of any sum of money which the Court may think it necessary to secure for the protection of any of the persons interested.
(5)
A scheme may be submitted either in whole or in part and from time to time, and every scheme so submitted to the Native Minister may from time to time be remitted by him to the Court or to the Appellate Court for reconsideration and amendment, and that Court may make such amendments therein as it thinks fit, and shall again submit the scheme as so amended to the Native Minister for his approval.
(6)
If the Native Minister is satisfied that the scheme (or the portion thereof submitted) is just and equitable, and is in the public interest, he may, by notice in the Gazette, confirm the scheme or the portion so submitted.
162 Carrying out scheme of consolidation.
1923, No. 32, s. 7 1927, No. 67, s. 23 1928, No. 49, s. 9
(1)
As soon as practicable after the confirmation of any such scheme, or any portion thereof, the Court shall proceed to carry the same into execution by making all necessary orders of exchange or other orders within the jurisdiction of the Court in that behalf, and no such order of exchange shall be subject to any of the limitations or restrictions imposed by section one hundred and fifty-eight of this Act.
(2)
For the purpose of giving effect to any such scheme of consolidation the Court may cancel or vary any partition order, although that order has been already registered or provisionally registered under the Land Transfer Act, 1915, or that any person has acquired an interest thereunder by reason of any alienation.
(3)
The Court may, for the purpose of partition, treat several blocks or parcels of land as a single area owned by the owners of the several areas in common, and make an order or orders of partition thereof. The Court shall have jurisdiction to allocate the whole or part of the interests of any owner or owners in any of the several areas and cancel the whole or any part of his or their interest in any other area, and make partition orders accordingly.
(4)
Where the Crown has acquired an interest in any land affected by the consolidation scheme the Court is hereby empowered to make orders defining the interests of the Crown.
(5)
(a)
An order may be made in favour of His Majesty the King although the land named in such order may not have been wholly or partially transferred to the Crown, and on the making of such order the land named therein shall absolutely vest in the Crown freed and discharged from the interests of the Native owners as if instruments of transfer had been duly executed by all the necessary parties.
(b)
In addition to any interests purchased the Court may award to the Crown additional land for the purpose of liquidating any survey or other charges upon any land included in the scheme, or for the purpose of providing for the payment of any rates that may be due upon any of the areas concerned, or for any other purpose that the Court thinks necessary. The Crown or local body is authorized to enter into any compromise regarding any amount due, and the Court is empowered to give effect to the same accordingly.
(c)
With the consent of the Native owner the Court may order that any land or interest in land shall be allotted, awarded, or appropriated to the Crown subject to payment of such sum as the Court may direct, which sum shall, upon receipt of such direction by the Native Land Purchase Board, be paid by the Crown out of any moneys available for the purpose of the purchase or acquisition of Native land. The money payable may be directed to be paid to a Maori Land Board for distribution or with the consent of the owners to be held by the Board and be administered upon such trusts as the Court shall direct.
(6)
Out of any land vested in His Majesty the Court may, subject to the approval of the Minister of Lands, vest any portion thereof in such person as in the opinion of the Court should receive the same, and a title may be issued therefor without other warrant than this Act.
(7)
For the purposes of this section the Court may, by way of exchange or in such other manner as it thinks fit, vest in any Native any interests acquired by the Crown in Native land which have not been proclaimed Crown land. Out of the funds in the Native Land Settlement Account the Crown may purchase under the provisions of Part XIX of this Act, any land or interest in land although it may not be Native land, whether owned by Europeans or Natives, which it is considered expedient to include in any consolidation scheme; and the Court may vest in any Native or European the land or interest so acquired, or may include it in an order made under subsection five hereof.
(8)
The Court, in carrying the scheme into execution, may exercise the jurisdiction conferred by Part XX of this Act and make orders laying out road-lines or creating private rights of way over any area, and the provisions of that Part of this Act shall, with all necessary modifications, apply to such order accordingly.
(9)
The Court may (with the consent of the local body in the case of a public road), where it deems it expedient, order any public road, road-line, or right-of-way within the areas being consolidated to be closed, and vest the same in any person to whom the Court may award the same.
(10)
For the purpose of the consolidation the Court may grant to any Native or other person an interest in any land, notwithstanding that such person may not theretofore have had any interest in that land, and may give to the land so awarded such name as it think fit, notwithstanding that a title may have been issued in some other name.
(11)
If it is deemed advisable to include land or interests in land owned by Europeans or the Crown, the Court may make an order vesting any Native land in Europeans or the Crown, or vesting European land in the Crown or any person, subject to any existing encumbrances. The provisions of Part XII of this Act shall not apply to any land comprised in any such order.
(12)
Any charging-order granted by the Court may be registered against the land affected. If the Court thinks fit a charging-order may be granted against Crown or other land not included in the scheme. The Court may grant an order releasing the charge, and it shall be deemed to be discharged accordingly.
(13)
The District Land Registrar is hereby authorized to cancel, vary, or amend any title that may be registered or provisionally registered under the Land Transfer Act, 1915, to conform to the orders of the Court; but no such cancellation, variation, or amendment shall take away or affect any right or interest acquired in good faith and for value prior to the order of the Court. For the purpose of correcting any error that may have inadvertently occurred the Court shall be deemed to have authority to make such order as may be necessary to restore or preserve the rights of any person prejudicially affected.
(14)
Any Crown land or European land vested in Natives under this section shall be deemed to be Native freehold land, and may be dealt with accordingly.
(15)
All orders made by the Court under this or the next succeeding section may be made on its own motion and in such manner and in accordance with such procedure as the Court thinks fit, notwithstanding anything to the contrary in this Act or in Rules of Court; and it shall not be necessary for the Court in making any such order to proceed judicially or in open Court, or to hold any further inquiry in the matter of the order than the inquiry theretofore made by it in respect of the scheme of consolidation.
(16)
No appeal shall lie to the Appellate Court from any order made under this or the next succeeding section.
(17)
Every order made under this or the next succeeding section shall take effect as of the date on which a minute of the order so made is entered upon the records of the Court or on such date as the Court determines.
163 Further powers to Court on consolidation.
1924, No. 45, s. 5 1925, No. 40, s. 7 1926, No. 64, s. 4 1927, No. 67, s. 24 1928, No. 49, s. 11
For the purpose of carrying into effect any consolidation scheme or any matter arising thereout the Court shall have the following powers: —
(1)
To cancel, vary, or amend any succession or exchange order theretofore made, provided that no such cancellation, variation, or amendment shall take away or prejudicially affect any right or interest acquired in good faith and for value prior to such cancellation, variation, or amendment. The Court may from time to time vary, amend, or readjust the relative interests in which any land is held by the owners thereof.
(2)
To authorize any surveyor to undertake any survey required.
(3)
To apportion between the various areas of land all rights, obligations, or liabilities arising from or under any lease, license, mortgage, or charge to which the area is subject.
(4)
To order that any lease, license, mortgage, or charge shall apply to part only of the area stated in such lease, license, mortgage, or charge, or to release and discharge the whole or part of any area from such lease, license, mortgage, or charge:
Provided that the Court shall not exercise the power contained in this subsection save with the consent of the lessee, licensee, mortgagee, or other person interested. In the case of survey charging-orders the consent required shall be that of the Chief Surveyor for the district affected.
(5)
The Court may, if it thinks it expedient (subject to the consent of the lessee), by order declare that any lease shall be deemed to be surrendered with or without conditions as to release of any liabilities thereunder, and thereupon such lease shall determine accordingly subject to any conditions imposed:
Provided that if the Court is satisfied that the lessee has made such default in the fulfilment or observance of the covenants on his part under the lease as would entitle the lessor to re-enter and take possession of the demised premises, the Court may, unless good cause is shown to the contrary, make an order under this subsection, notwithstanding that the lessee or those claiming under him may not have consented thereto.
(6)
The Court may grant a new lease or license of any area. Any such lease shall be executed under the seal of the Court and by the Judge, and shall contain such terms or conditions as the Judge shall consider necessary. Every instrument of alienation so executed shall, without the necessity of confirmation under Part XIII of this Act, have the same force and effect and be registrable in like manner as if it had been lawfully executed by all of the owners or their trustees, and as if those owners or trustees had been fully competent in that behalf. A statement in the instrument of alienation that it is executed under this section shall be accepted by the District Land Registrar and by all Courts as sufficient prima facie evidence that the memorandum of lease was properly executed under authority of this section. Except as against a person guilty of fraud, no such instrument of alienation shall be invalidated by any breach or non-observance of any statutory provision prior to its execution, or by any repugnancy between the terms of the order and the terms of the instrument of alienation executed in pursuance thereof
(7)
The Court may exercise all the powers of incorporation conferred on it by Part XVII of this Act. The provisions of subsection two of section three hundred and eighty-two or of subsection two of section three hundred and eighty-four of this Act (as to consent) shall not apply to any such order. In exercising such jurisdiction the Court may, in its discretion, appoint not less than three nor more than seven persons to be a committee of management, and in such case the provisions of section three hundred and ninety-four of this Act as to the election of a committee of management shall not apply.
(8)
Notwithstanding that land may have been vested by the Court in the beneficial owners, the Court may direct that any incorporation order formerly granted shall still apply to such land or any portion thereof, or it may exclude the whole or any part of any area from any such incorporation orders, and the provisions of section three hundred and ninety-three of this Act shall apply to any such order of exclusion.
(9)
In any case where either because the holding in any area of the Native affected is comparatively small, or for any other reason which to the Court seems sufficient, the Court is satisfied that it is not against the interest of such Native that he should cease to retain such holding, the Court, with the consent of the Native concerned, may order that the interest of such Native in any area affected by a consolidation scheme shall vest in some other person or persons, and the said interest shall thereupon vest accordingly, subject to any prior lease, license, mortgage, or charge. By the same or any other order the Court shall, except in the case of a gift, assess what is a fair value to be paid for such interest, and may secure the payment thereof by granting a charging-order.
(10)
(a)
The Court may, by order, vest any area of Native land or an interest in Native land in His Majesty the King, subject to payment by the Crown of the sum found by the Court to be payable therefor. Such land shall thereupon vest in His Majesty, and be deemed to be a purchase or acquisition of Native land under the authority of this Act.
(b)
The purchase-money payable for such land shall be paid to the Maori Land Board of the district in which the land is situate, for distribution to the persons beneficially entitled thereto, subject to all necessary and proper deductions (if any).
164 Enabling rates to be liquidated by Crown during consolidation proceedings.
1927, No. 67, s. 25
(1)
If and whenever during consolidation proceedings or on the preparation of any scheme of consolidation it is proposed to vest Native freehold land in the Crown for the purpose of liquidating any liability for rates due or payable in respect of any Native freehold land, the Court may from time to time grant a certificate setting forth the amount to be paid by the Crown in respect of the land so to be vested in it by order of the Court, and the sum so certified, together with a sum for the cost of distribution of such money, shall be paid out of the Native Land Settlement Account as for a purchase or acquisition of Native land.
(2)
Upon the requisition of the Court, a local authority claiming that rates are due on any land being dealt with under the consolidation proceedings shall deliver to the Court a certificate setting forth full particulars of the amount of rates claimed to be due to such local authority in respect of the Native freehold land mentioned in such requisition. The Court may inquire into the correctness of the amount so claimed for rates in the same manner as on the hearing of an application for a charging-order under the Rating Act, 1925.
(3)
Any sum payable by the Crown under this section may be paid to the Maori Land Board of the district for payment to the local authority or the person entitled thereto. The Board, may inquire into and adjust any error appearing in the claim of the local authority or other person entitled to payment of the said sum.
(4)
Notwithstanding that for any reason the application for preparation of a scheme of consolidation is not proceeded with, or that the scheme of consolidation submitted by the Court may not be approved or carried into effect, the Court shall nevertheless have jurisdiction to make an order vesting land in His Majesty to the value of the sums from time to time paid under the authority of a certificate of the Court as in this section mentioned.
165 Lease or other interest not affected by consolidation order.
1924, No. 45, s. 7
No lease, mortgage, or other encumbrance of any area in a consolidation scheme shall be prejudicially affected by any order of the Court made in pursuance of this Part of this Act. Such area shall still remain subject to the lease, mortgage, or other encumbrance as fully as if there had been no change in the ownership, but all rights to which the former owners were at that date entitled by contract or otherwise shall pass to and enure for the benefit of the persons in whose favour the Court has made the order.
166 Registration of consolidation orders.
Ibid., s. 5
The District Land Registrar is hereby authorized to register against the relative title any order made under the provisions of this Part of this Act. The production of any certificate of title issued in respect of the land affected shall not be necessary for the purpose of such registration.
167 Governor-General may prohibit alienation pending execution of scheme for consolidation.
1909, No. 15, s. 132
(1)
For the purpose of enabling any such scheme of consolidation to be prepared and carried into effect, the Governor-General may by Order in Council prohibit any alienation of Native land or land owned by Natives in respect of which application has been made by the Native Minister to the Court for the preparation of such a scheme. Any such Order in Council may be at any time varied or revoked.
(2)
All the provisions of this Act relating to prohibition of alienation during negotiations for purchase by the Crown shall apply during the currency of any such Order in Council to all Native land or land, owned by Natives affected by the Order.
(3)
No such Order in Council shall prevent any lease, sale, or other alienation by a Maori Land Board or by the Native Trustee of any Native land vested in that Board or Trustee.
168 Vested lands may be awarded to Crown on consolidation proceedings.
1929, No. 19, s. 27
The power to vest in the Crown any Native land or land owned by Natives for the purpose of carrying into effect any consolidation scheme under this Part of this Act may be exercised notwithstanding that the land is vested in a Maori Land Board under Part XIV or Part XV of this Act, or is vested in a corporate body under Part XVII of this Act.
Part VIII Succession
Wills
169 Native wills to be executed in same manner as wills by Europeans.
1909, No. 15, s. 133
No will made by a Native, whether before or after the commencement of this Act, shall be valid unless executed in the same manner as is required by the law in force for the time being in respect of the will of a European, and all the provisions of that law as to the execution of a will and as to the attesting witnesses thereof shall apply accordingly.
170 Requirements as to witnesses.
1909, No. 15, s. 134 1913, No. 58, s. 65 1922, No. 48, s. 3
(1)
No will made by a Native after the commencement of this Act shall be valid unless one of the attesting witnesses thereof is—
(a)
A solicitor;
(b)
A Justice of the Peace;
(c)
A Stipendiary Magistrate;
(d)
A registered medical practitioner;
(e)
An Officiating Minister under the Marriage Act, 1908;
(f)
A licensed Interpreter of the first grade;
(g)
A Postmaster; or
(h)
A teacher of a Native school under the Education Act, 1914.
(2)
In every case where a will is written in the English language one of the attesting witnesses shall have a sufficient knowledge of the Maori and English languages to enable him to be satisfied that the testator does understand the effect of the will. This shall not apply where the Court in dealing with any will is satisfied that the testator had a knowledge of the English language sufficient to enable him to understand the effect of the will.
(3)
Every person whose attestation is rendered necessary by this section shall, before attesting the will, satisfy himself, so far as practicable, that the testator understands the effect thereof, and shall certify on the will that he believes the testator to understand the effect thereof; but no will shall be invalidated or deemed to be informally attested by reason of any breach of the provisions of this subsection.
(4)
Notwithstanding anything in this section, a will may be executed by a Native in any place out of New Zealand in the same manner as if he was a European.
171 Native minor incapable of making will.
1909, No. 15, s. 135
Notwithstanding any statutory provision, or any custom, usage, or law to the contrary, no Native who is a minor shall be competent to make a will.
172 Restrictions on alienation not to affect disposition by will.
Ibid., s. 136
No restriction imposed by any Crown grant or other instrument of title or by any Act on the alienation or disposition of Native land, or on the alienation or disposition of land by a Native, shall preclude or be deemed to have precluded the alienation or disposition of that land by the will of any person who dies after the commencement of this Act.
173 Will of Native land not to be in favour of European.
Ibid., s. 137 1912, No. 34, s. 4
(1)
No Native shall be capable of making by will in favour of a European any disposition of Native land, or of any interest therein, or of the proceeds of any alienation thereof which is directed or authorized by that will.
(2)
Nothing in this section shall apply to a disposition by will in favour of—
(a)
A child or other descendant (whether legitimate or illegitimate) of the testator; or
(b)
The wife or husband of the testator; or
(c)
A person who, if the testator had died intestate, would have been entitled to succeed to his estate or any part thereof; or
(d)
A relative by blood of the testator, whether legitimate or illegitimate.
(3)
Nothing in this section shall prevent the disposition of any property by way of a charitable trust.
(4)
Nothing in this section shall be so construed as to prevent a Native from appointing by his will a European as his executor or as the trustee of his estate or of any part thereof.
(5)
This section shall apply to every will made by a Native who dies after the commencement of this Act, whether that will was executed before or after the commencement of this Act.
174 Interpretation of wills of Natives.
1912, No. 34, s. 5 1930, No. 29, s. 11
(1)
In the will of any Native who dies after the commencement of this Act the term “child”
or any equivalent term shall be construed, unless a contrary intention appears from the will, as including any child whether legitimate or illegitimate capable in accordance with Native custom of taking Native freehold land from his parent by way of intestate succession.
(2)
In the will of any Native who dies after the commencement of this Act, the terms “heir”
, “next-of-kin”
, and any similar term shall, unless it is expressly stated to the contrary in the will, be construed to refer to the person, who, in accordance with the provisions of this Act, would be entitled to succeed to the property of the testator in the case of his complete or partial intestacy, and where it becomes necessary to determine the person so entitled, it shall be within the jurisdiction of the Court to so determine.
(3)
This section shall extend and apply also to the will of any Native who died before, but whose will is not proved until after, the commencement of this Act.
175 Application for probate to be made within two years of death of testator.
1909, No. 15, s. 138
Every will made by a Native shall, on the expiration of two years from the death of the testator become absolutely null and void as from the death of the testator, unless before the expiration of that period application has been made to the Court for a grant of probate of that will, or for a grant of letters of administration with that will annexed, or for a succession order in pursuance of the dispositions of that will.
Succession on Intestacy
176 Succession on intestacy of Native.
Ibid., s. 139 1912, No. 34, s. 3 1927, No. 67, s. 4
(1)
The persons entitled on the complete or partial intestacy of a Native to succeed to his estate, whether real or personal, except a beneficial freehold interest in Native land, and the shares in which they are so entitled, shall (save so far as otherwise expressly provided in this Act) be determined in the same manner as if he was a European. Any child, whether of the deceased or of any other Native, shall be deemed for the purposes of this subsection to be the legitimate child of any parent from whom he is capable, according to Native custom, of taking Native freehold land by way of intestate succession.
(2)
The persons entitled on the complete or partial intestacy of a Native to succeed to his estate, so far as it consists of beneficial freehold interests in Native land, and the shares in which they are so entitled, shall (subject to this Act) be determined in accordance with Native custom.
(3)
(a)
The persons entitled on the complete or partial intestacy of a Native to succeed to his estate so far as it consists of freehold interests in any land derived by, through, or under the will of any other Native, and the shares to which they are entitled, shall be determined in accordance with Native custom as it applies to gifts of land from one Native to another, and for the purpose of deterg the successors the devise of such land shall be deemed to be a gift thereof.
(b)
The provisions of this subsection shall extend to all estates of persons to which this Act applies, save and except in any case in which a succession order heretofore made in respect of the interest of the deceased has matured.
177 Wife or husband of intestate Native not to take interest as such in estate of deceased.
1909, No. 15, s. 140 1926, No. 64, s. 13 1929, No. 19, s. 7
(1)
On the death intestate of any Native the wife or husband of the deceased shall not be entitled, as such, to any share or interest in any real or personal estate of which the deceased so died intestate, and that estate shall be distributable in the same manner as if the said wife or husband had died before the death of the deceased; but it shall be lawful for the Native Land Court, if it thinks fit, on an application made by or on behalf of the widow of the deceased, at any time within two years after the death of the deceased, and on proof that she has not sufficient land or other property for her maintenance, to make either or both of the following provisions:—
(a)
To appoint to the widow an estate for life in the whole or such part of the real estate of the deceased as in the opinion of the Court is required for her maintenance:
(b)
To appoint to the widow an absolute interest in the whole or such part of the personal estate of the deceased as in the opinion of the Court is required for her maintenance.
(2)
The life estate so appointed to the widow may be made subject to such conditions or limitations with respect to her remarriage or otherwise as the Court thinks fit.
(3)
Every order made by the Court under this section in favour of the widow shall have the same effect as if it was a disposition lawfully made by the deceased by will, but shall be subject to any alienation lawfully made after the death of the deceased and before the making of the order.
(4)
Every order so made in favour of the widow in respect of the Native freehold or other land of the deceased shall be deemed to be a succession order, and the widow shall be deemed to be a successor of the deceased accordingly.
(5)
Any Native woman who whether before or after the commencement of this Act has been married to a Native in accordance with Native custom, and whose marriage is subsisting at the time of his death, shall be deemed to be his widow within the meaning of this and the next succeeding section.
(6)
The time limited under this or the next succeeding section for making an application may be extended for such further period as the Court may direct, after hearing such of the parties affected as the Court thinks necessary; but no distribution of any part of the estate not being Native freehold land, nor any alienation of the Native freehold land being part of the estate made prior to the application, shall be disturbed by reason of the application or of an order made thereon. This shall extend to cases where the time for making application has already expired.
178 Court may make order for adequate maintenance of widow, &c., of deceased Native, if such maintenance is not provided by will.
1909, No. 15, s. 141 1929, No. 19, s. 7
(1)
On the death of any Native leaving a will, and without having therein made adequate provision for the proper maintenance of his widow or children or orphan grandchildren, the Court may, if it thinks fit, on application made by or on behalf of the widow or children or grandchildren at any time within two years after the death of the deceased,—
(a)
Appoint to the widow any such estate or interest as might have been appointed to her by the Court under the last preceding section if her husband had died intestate:
(b)
Appoint to any child of the deceased, or to any grandchild of the deceased who was an orphan at the death of the deceased, an absolute interest in the whole or such part of the real or personal estate of the deceased as in the opinion of the Court is required for the maintenance of that child or grandchild.
(2)
Every order made under this section shall have the same effect as if it was a disposition lawfully made by the deceased by will, but shall be subject to any alienation lawfully made after the death of the deceased and before the making of the order.
(3)
Every order made under this section in respect of the Native freehold or other land of the deceased shall be deemed to be a succession order, and the person in whose favour the order is made shall be deemed to be a successor of the deceased accordingly.
(4)
On any application for probate of a will or for a succession order in pursuance of a will, it shall be the duty of the Court, for the purposes of this section, to make inquiry as to whether the testator has made adequate provision for the maintenance of his widow, children, and orphan grandchildren (if any).
(5)
Part II of the Family Protection Act, 1908 (relating to testators’ family maintenance), shall have no application to the estate of a deceased Native.
(6)
So far as it relates to children and grandchildren, this section shall extend and apply to a will made by a Native woman.
(7)
For the purposes of this section the term “children”
includes natural children, and the term “grandchildren”
includes the natural children of a son or daughter, whether or not such son or daughter is or was a natural child.
Debts of Deceased Natives
179 Native freehold land or customary land not available for payment of debts.
1909, No. 15, s. 142 1925, No. 40, s. 5
The beneficial freehold interest of a Native in Native land, and the interest of any person in customary land, shall not upon his death be assets available for the payment of his debts and liabilities, whether to the Crown or otherwise; but this section shall not be so construed as to affect the operation of any mortgage or charge to which that land is subject at the death of the deceased, or any liability for the payment of rates or taxes or the operation of any will by which the Native freehold land of the testator is expressly devised in trust for or charged with the payment of debts, or the operation of any valid assignment or charge of any moneys arising out of the alienation of Native land or the income thereof made in favour of a State Loan Department.
180 Other property to be so available.
1909, No. 15, s. 143
The estate of a Native, other than his beneficial freehold interest in Native land, shall upon his death be assets for the payment of his debts and liabilities to the same extent and in the same manner as if he had been a European.
Probate and Letters of Administration
181 Court to have exclusive jurisdiction to grant probate, &c., in case of estates of deceased Natives.
Ibid., s. 144
The Court shall have exclusive jurisdiction to grant probate of the will or letters of administration of the estate of a Native, whether dying before or after the commencement of this Act, and whether that estate consists of real or personal property.
182 Effect of grant of probate.
Ibid., s. 145 1915, No. 63, s. 8
Every such grant of probate or letters of administration shall, subject to this Act, have the same operation and effect as if granted by the Supreme Court in the case of a European, and shall be capable of revocation.
183 Court may appoint administrator.
1909, No. 15, s. 146 1922, No. 54, s. 8
(1)
The Court may, in its discretion, grant to the Public Trustee or Native Trustee or to any other person whom the Court thinks fit letters of administration with the will annexed, notwithstanding the fact that an executor has been appointed by the will and has not renounced probate or has applied for probate.
(2)
On any such grant the estate of the deceased shall vest in the administrator as from the death of the deceased in the same manner and to the same extent as if no executor had been appointed by the will.
(3)
The Public Trustee or the Native Trustee may, by writing delivered to the Registrar, decline, for any reason which seems to him proper, to accept administration of any estate, and thereupon his appointment shall cease, and the Court may, without further application, appoint some other person in his place as executor or administrator.
184 Personalty orders may be issued.
1922, No. 48, s. 12 1929, No. 19, s. 18
(1)
In the case of intestate estates of deceased Natives the Court, in lieu of granting letters of administration, may make an order or orders vesting the personal estate or any part thereof in the person found by the Court to be beneficially entitled thereto.
(2)
Where any person entitled is a person under disability the Court, in exercising jurisdiction under Part X, may require the trustee (other than the Native Trustee) to give security for the proper administration of the trust property.
(3)
Orders made under the authority of this section in respect of personal estate shall not be succession orders within the meaning of this Act or of the Death Duties Act, 1921, and Native succession duty shall not be payable in respect of the property comprised in any such order. Death duty shall be charged and payable in respect of the property comprised in any such order in accordance with the provisions of the Death Duties Act, 1921. For the purpose of assessing any duty under that Act the Commissioner may ascertain the value of the said property by reference to a certificate signed by a Judge or Registrar as to such value or that the value does not exceed the sum stated in the certificate.
185 Commission may be allowed to administrator.
1916, No. 12, s. 2
(1)
The Court may, out of the assets of any deceased Native and at any stage of the proceedings, allow to his administrator or trustee for the time being such commission or percentage as remuneration for his services as is just and reasonable, subject to such conditions as the Court shall think expedient to impose.
(2)
This section shall extend to administration granted before the commencement of this Act.
186 Court may remove executor or administrator.
1909, No. 15, s. 147
The Court may at any time remove an executor or administrator on the ground of unfitness or for any other reason which the Court thinks sufficient, and may appoint any fit person as administrator in his place; and the estate of the deceased, so far as vested in the executor or administrator so removed, shall thereupon vest in the administrator appointed in his place.
Succession Orders
187 Beneficial freehold interest in Native land not to vest in executor.
Ibid., s. 148
(1)
The beneficial freehold interest of a Native in Native land shall in no case vest in his executor or administrator, as such, by virtue of the will or of letters of administration; but shall in every case vest, on the death of the deceased, in the devisees under his will, in accordance with the terms thereof, or in the persons beneficially entitled on his intestacy, as the case may be.
(2)
Notwithstanding anything in this section, where by the will of a Native an interest in Native land is expressly devised to his executor or to any other person in trust (otherwise than as a bare trustee), the interest so devised shall on his death vest in the executor or trustee accordingly.
(3)
Where by the will of a Native an interest in Native land is devised to his executor or any other person as a bare trustee, the interest so devised shall vest directly in the beneficiary under that trust.
188 Court may make succession orders.
Ibid., s. 149
On the death of a Native, whether testate or intestate, leaving any beneficial freehold interest in Native land the Court shall have exclusive jurisdiction to determine the right of any person to succeed, under the will or intestacy of the deceased, to the interest so left by him, and may make in favour of every person so found to be entitled (hereinafter called a successor) an order (hereinafter called a succession order) defining the interest to which he is so entitled.
189 Succession order to issue in name of trustee.
Ibid., s. 150 1922, No. 48, s. 2 1922, No. 54, s. 8
(1)
If an interest in Native land is devised by the will of a Native to any person in trust (otherwise than as a bare trustee), the succession order shall be issued in the name of the trustee, but the existence of the trust shall be set forth on the face of the order by reference to the will of the deceased.
(2)
For the purposes of this section the administrator appointed by the Court shall be deemed to be the person to whom the land was devised upon the trusts set forth in the will, and the will shall be read accordingly.
190 Effect of succession order.
1913, No. 58, s. 66
A succession order shall, while it remains in force, be conclusive proof that the persons thereby declared to be entitled to succeed are the proper persons to succeed to the interest of the deceased in the property therein specified, and shall vest in the successors ascertained thereby the rights only to which the deceased was entitled, subject to all rights and equities in any other person claiming against, through, or under the deceased, and subject to the title of the executors or administrators (if any) of the deceased.
191 Right of action limited until succession order is made.
1909, No. 15, s. 152
No successor shall be capable of instituting in any Court other than the Native Land Court or Appellate Court any action or other proceeding relating to his interest as such successor until and unless a succession order has been made in his favour.
192 No dealings under Land Transfer Act until registration of succession order.
1909, No. 15, s. 153
No instrument of alienation executed by a successor shall be capable of registration under the Land Transfer Act, 1915, until and unless a succession order has been made, and has been registered under that Act, in respect of the interest of the successor.
193 Succession orders in pursuance of will.
Ibid., s. 154
A succession order may be made in pursuance of the dispositions of a will either with or without a grant of probate of the will or of letters of administration with the will annexed.
194 Partition orders and orders of exchange may be made simultaneously with succession orders.
Ibid., s. 155
(1)
In making a succession order the Court may, if it thinks fit, exercise at the same time in respect of the interests of the successors any jurisdiction as to partition or exchange which is vested in it by Part VI or Part VII of this Act, and may thereupon make succession orders in favour of the several successors in accordance with the partition or exchange so effected.
(2)
Every order so made shall take effect both as a succession order and as a partition order or order of exchange, as the case may be.
(3)
The consent of the successors shall not be required in the case of any partition or exchange under this section.
Native Succession Duty
195 Native succession duty.
Ibid., s. 156. 1913, No. 58, s. 130
(1)
Notwithstanding anything to the contrary in the Death Duties Act. 1921, no interest possessed by any person in customary and no beneficial freehold interest possessed by a Native in Native and shall, on the death of that person or Native, be computed as part of his dutiable estate for the purposes of that Act.
(2)
When any succession order is made in respect of the estate of a deceased Native the land or interest comprised in that succession order shall be subject to Native succession duty in accordance with the Death Duties Act, 1921.
(3)
The Court or Registrar may certify the value of the interest comprised in any succession order to be less than two hundred pounds or such value as may be deemed to be fair, and the Commissioner of Stamp Duties may accept and act upon the value so certified in assessing Native succession duty.
Miscellaneous
196 Application of this Part of this Act.
1909, No. 15, s. 157
Except where otherwise expressly provided, the provisions of this Part of this Act apply only to the estates of Natives who die after the commencement of this Act, and the estates of persons who have died before the commencement of this Act shall remain subject to the provisions for which this Part of this Act has been substituted.
197 This Part of this Act not to affect customary land.
Ibid., s. 158
Except where otherwise expressly provided, nothing in this Part of this Act applies to customary land.
198 Timber, flax, &c., deemed part of freehold interest.
Ibid., s. 159
For the purposes of this Part of this Act a freehold interest in Native land shall be deemed to include the interest of the freeholder in all timber, flax, and other things growing on the land (including industrial crops), and in all things which are so attached to the land as to form part thereof as between the heir and the executor of a deceased freeholder at common law.
199 Freehold interest to include purchase-money, rent, &c.
Ibid., s. 160
When any person dies possessed of a freehold interest in Native land which is subject to a contract of sale or to any lease or other alienation, the freehold interest of the deceased shall, for the purposes of this Part of this Act, be deemed to include his interest in all purchase-money, rent, and other moneys payable in respect of that alienation, and not actually paid before his decease, whether they become due and payable before or after his decease.
200 Recovery of amounts due to deceased Natives.
1922, No. 48, s. 23
Where any rents, royalties, purchase or compensation moneys are due and payable in respect of the share or interest in Native land of any deceased Native and no successor has been appointed, the Maori Land Board may, notwithstanding that the Native may be dead, claim and recover in his name the sums of money so due, and shall hold the same for the benefit of the successor or beneficial owner found entitled thereto, subject to the administration costs of the Board.
201 Payments to Board of amounts due to deceased Natives.
Ibid., s. 24
(1)
Where moneys being the proceeds of any alienation of Native land or compensation-moneys arising therefrom are due to any deceased person, or to any person whose whereabouts is unknown, the same may be paid to the Maori Land Board of the district, whose receipt shall be a sufficient discharge therefor.
(2)
The said moneys shall be held by the Board in trust for the person beneficially entitled, subject to the administration costs of the Board.
Part IX Adoption of Children by Natives
202 No future adoption according to Native custom.
1909, No. 15, s. 161
(1)
No Native shall, after the commencement of this Act, be capable of adopting a child in accordance with Native custom, and, save as hereinafter in this section provided, no adoption in accordance with Native custom, whether made before or after the commencement of this Act, shall be of any force or effect, whether in respect of intestate succession to Native land or otherwise.
(2)
Any adoption so made and registered before the thirty-first day of March, nineteen hundred and ten, and subsisting at the commencement of this Act, shall have the same force and effect as if lawfully made by an order of adoption under this Part of this Act.
(3)
It shall not be lawful for any Magistrate to make an order under the Infants Act, 1908, for the adoption of a child by a Native.
203 Orders of adoption by Natives to be made by Native Land Court.
Ibid., s. 162
The Native Land Court shall have jurisdiction to make an order under this Part of this Act for the adoption of a child by a Native.
204 Applications for orders of adoption.
Ibid., s. 163
(1)
No such order shall be made except on the application of the adopting parent made in the form and manner prescribed by Rules of Court.
(2)
Any such application may be made jointly by a husband and wife, and in any such case the order of adoption may be made in favour of both or either of the applicants.
205 Native children only to be adopted under this Act.
Ibid., s. 164
No person other than a Native or a descendant of a Native shall be capable of being adopted by a Native.
206 Matters as to which Court is to be satisfied before making order.
Ibid., s. 165
No order of adoption shall be made unless the Court is satisfied—
(a)
That the child to be adopted is under the age of fifteen years:
(b)
That the adopting parent (if unmarried) is at least thirty years older than the child:
(c)
That the child, if, in the opinion of the Court, above the age of twelve years, consents to the adoption:
(d)
That the adopting parent is a fit and proper person to have the care and custody of the child and of sufficient ability to maintain the child, and that the adoption will not be contrary to the welfare and interests of the child.
207 Natural parents to consent to proposed order.
1909, No. 15, s. 166
No order of adoption shall be made without the consent of the parents, or of the surviving parent (if any) of the child, whether that child is legitimate or illegitimate:
Provided that no such consent shall be required in the case of any parent as to whom the Court is satisfied—
(a)
That he has deserted the child; or
(b)
That he is for any reason unfit to have the custody and care of the child.
208 One order only in respect of any adopted child.
Ibid., s. 167
No child adopted by any adopting parent shall, in the lifetime of that parent, and while the order of adoption remains in force, be adopted by any other person save the husband or wife of that parent.
209 Effect of order of adoption.
Ibid., s. 168
Subject to the rules of Native custom as to intestate succession to Native land, an order of adoption under this Part of this Act shall for all purposes have the same force and effect as an order of adoption lawfully made under Part III of the Infants Act, 1908.
210 Annulment of orders of adoption by Native Land Court.
Ibid., s. 169
(1)
An adoption made under this Act or any Act hereby repealed and any adoption made before the commencement of this Act in accordance with Native custom and registered in the Native Land Court may at any time be annulled by the Native Land Court, on any grounds which the Court thinks sufficient, on the application of the adopting parent or of the adopted child, or some person on his behalf.
(2)
In any such case, subject to the conditions (if any) set forth in the order of annulment, the child and his natural parents shall as from the date of that order be restored to the same position inter se as if no such adoption had been effected.
211 Appeals to Appellate Court.
Ibid., s. 170
Subject to the express provisions of this Part of this Act, the jurisdiction thereby conferred upon the Court in respect of adoption shall be discretionary, but an appeal from any order made under this Part of this Act shall lie to the Appellate Court on the same conditions and in the same manner as in the case of other orders of the Court at the suit of any person interested in the making of that order.
Part X Persons under Disability
212 Persons under disability.
Ibid., s. 171
In this Part of this Act the term “person under disability”
means any person who is a minor, or of unsound mind, or in prison, or who is subject to any physical or mental infirmity which in the opinion of the Court renders him unfit to have the management of his property.
213 Court may appoint Native Trustee or other person as trustee of person under disability.
1909, No. 15, s. 172 1913, No. 58, s. 132 1920, No. 21, s. 26 1923, No. 32, s. 3
(1)
If any Native, being a person under disability, is entitled at law or in equity to any interest in any real or personal property (other than customary land), or if any European, being a person under disability, is entitled at law or in equity to any undivided share in Native freehold land, the Court may, if it thinks fit, on the application of that person or of any other person, make an order appointing the Native Trustee or any other person or persons to be the trustee or trustees of the person so under disability in respect of the property or any part thereof to which he is so entitled (hereinafter called the trust property).
(2)
No person other than the Native Trustee shall be so appointed as the trustee of a person under disability, except in cases where it appears to the Court that the appointment of some person other than the Native Trustee is advisable in the interests of the person under disability.
(3)
Where an order is made appointing the Native Trustee it shall be the duty of the Registrar to see that a copy of such order is delivered or posted to the Native Trustee, together with such particulars of the property affected as may have been ascertained by the Court.
(4)
Any order under this section (whether made before or after the commencement of this Act) shall remain effective, notwithstanding that the land affected may have subsequently become or be held to be European land.
214 Order of appointment of trustee to state nature of disability of beneficiary.
1909, No. 15, s. 173
(1)
Every order appointing a trustee under this Part of this Act shall state the nature of the disability of the beneficiary, and if that disability consists in the minority of the beneficiary the order shall state the age of the beneficiary.
(2)
Except when the order specifies the day of the birth of the beneficiary any such statement as to his age shall be construed as meaning that he attained that age on the date of the order, but it shall not be necessary for the Court in making any such order to make any inquiry as to the day of the birth of the beneficiary.
(3)
Any such statement as to the age of the beneficiary may be amended, but notwithstanding any error in that statement every act done at any time by the trustee shall be as valid as if the statement for the time being contained in the order of appointment was correct, and no act done by the beneficiary in respect of the property comprised in the order after the date therein indicated as the date of his majority shall be invalidated on the ground that the beneficiary was not in fact of the age of twenty-one years.
(4)
Every such order shall define the nature of the property in respect of which it is made, and the nature of the interest of the beneficiary therein.
215 Court may appoint new trustees.
Ibid., s. 174
(1)
Where it is made to appear to the Court that it is expedient to appoint a new trustee, the Court may by order appoint a new trustee or new trustees, either in substitution for or in addition to any existing trustee, and whether there is any existing trustee or not at the time of making the order.
(2)
Any person so appointed shall, unless otherwise provided by the order, have the same powers as if appointed by the original order.
216 Court may limit powers of trustees.
Ibid., s. 175
By any order appointing a trustee under this Part of this Act, or by any subsequent order, the Court may prohibit or restrict, in such manner as it thinks fit, the exercise by the trustee of any powers which would otherwise be vested in him under this Part of this Act, and the Court may at any time remove or vary any such prohibition or restriction.
217 Court may cancel order of appointment.
1909, No. 15, s. 176
The Court may at any time make an order cancelling or varying any order appointing a trustee under this Part of this Act.
218 Registration of orders under this Part of this Act.
Ibid., s. 177
An order appointing a trustee under this Part of this Act or cancelling or varying any such order may be registered in manner provided by section forty-six of this Act against the title to any land in respect of which the order is made, and all the provisions of that section shall, so far as applicable, apply accordingly.
219 In cases of disability arising from minority of beneficiary, powers of trustees to cease on attainment of majority.
Ibid., s. 178
(1)
Where any order has been made appointing a trustee on the ground of the minority of the beneficiary, the powers of the trustee shall cease and determine, without any order in that behalf, so soon as the beneficiary attains his majority, and the order appointing the trustee shall thereupon cease to be in force.
(2)
For the purpose of determining the age of any such beneficiary, a certificate by a Judge of the Native Land Court that the beneficiary has attained the age of twenty-one years, whether before or after the commencement of this Act, shall be sufficient proof of the fact so certified, and may be registered under the Land Transfer Act, 1915, or the Deeds Registration Act, 1908.
220 Trust property to remain vested in beneficiary, and not in trustee.
Ibid., s. 179
(1)
Notwithstanding anything to the contrary in any rule of law or equity, the trust property shall not vest in a trustee appointed under this Part of this Act, but shall remain vested in the beneficiary for the same estate and interest as if no such trustee had been appointed.
(2)
Subject to this Part of this Act and any order of the Court to the contrary, every such trustee shall be entitled to the possession, receipt, and administration of the trust property and of all revenues derived therefrom: and he shall, in the exercise of all powers conferred upon him by this Act, be deemed to be the agent of the beneficiary.
221 Trustee to represent beneficiary in disposition of property.
Ibid., s. 180
(1)
Except so far as is otherwise provided by order of the Court, a trustee under this Part of this Act shall, in respect of the alienation or other disposition of any Native land or other property included in the trust (other than an alienation or disposition thereof by will), represent the beneficiary, and may accordingly exercise in the name and on behalf of the beneficiary all powers in respect of the alienation or other disposition of any such land or property which the beneficiary might himself have exercised had he been under no disability, and had no such trustee been appointed.
(2)
So long as any order appointing a trustee under this Part of this Act remains in force, the beneficiary shall not be capable of exercising any powers in respect of the alienation or disposition of the trust property (other than a disposition thereof by will, if he is possessed of testamentary capacity).
222 Other powers of trustees.
Ibid., s. 181
Except so far as otherwise provided by order of the Court, a trustee under this Part of this Act may do in the name and on behalf of the beneficiary all things in relation to the trust property which he considers necessary or expedient for the advantageous administration of that property in the interests of the beneficiary, and which the beneficiary could himself have done had he been under no disability and had no such trustee been appointed.
223 Trustee may mortgage with leave of the Court.
1909, No. 15, s. 182
With the leave of the Court first obtained a trustee under this Part of this Act may borrow money for the purposes of the trust, and may (subject in the case of Native freehold land to the provisions of Part XIII of this Act) mortgage or charge the trust property or any part thereof by way of security for any money so borrowed.
224 Application of trust-moneys by trustee.
Ibid., s. 183
Subject to any order of the Court to the contrary, a trustee under this Part of this Act may apply any trust-moneys in his hands for the following purposes:—
(a)
Paying all rates, taxes, and other outgoings in respect of the trust property:
(b)
Insuring the trust property against fire:
(c)
Paying all expenses incurred in the lawful administration of the trust:
(d)
Paying the principal or interest of all charges upon the trust property:
(e)
Making reasonable provision for the maintenance, education, or advancement of the beneficiary, or of the children of the beneficiary, or (with the consent of the Court) of the wife or husband of the beneficiary:
(f)
Keeping in repair any buildings, fences, or other structures forming part of the trust property:
(g)
Erecting buildings, fences, and other structures on any land forming part of the trust property, and making any other improvements of that property:
(h)
Managing any such land as a farm, or carrying on any agricultural or pastoral business thereon.
225 Court may make order for payment to beneficiary from trust property.
Ibid., s. 184
(1)
The Court may from time to time make such order as it thinks fit for the payment or expenditure of any of the revenues or proceeds of the trust property to or for the benefit of the beneficiary.
(2)
The right of the beneficiary to the receipt or expenditure of any such moneys, and his right in any other respect to control the administration of the trust, shall at all times while the trust remains in force be subject to the discretion of the trustee and to the orders of the Court.
226 Native Trustee or Board alone capable of giving discharge for amounts exceeding ten pounds.
Ibid., s. 185 1920, No. 21, s. 26
No trustee under this Part of this Act other than the Native Trustee or Board shall, unless the Court otherwise directs, be capable of giving a good discharge for any purchase-money exceeding ten pounds; but all such money shall be paid to the Native Trustee or Board as the agent of the trustee, and the Native Trustee or Board shall hold and dispose thereof in the same manner as if he or it was the trustee appointed under this Part of this Act.
227 Surviving or continuing trustees to act.
1909, No. 15, s. 186
When two or more trustees are appointed under this Part of this Act, all the powers of those trustees may, except when otherwise directed by the Court, be exercised by the continuing or surviving trustee or trustees for the time being.
228 Court may allow reasonable remuneration to trustees.
Ibid., s. 187
A trustee under this Part of this Act may be allowed, out of the revenues or proceeds of the trust property, by way of remuneration for his services in administering that property, such reasonable sum as the Court from time to time directs, in addition to all costs, charges, and expenses incurred by him in the execution of his trust.
229 Trustee may be appointed hereunder in respect of equitable interests.
1909, No. 15, s. 188
A trustee may be appointed under this Part of this Act in respect of the equitable interest of a beneficiary in any Native land or other property, notwithstanding the fact that the property is already vested by virtue of any other statutory provision, or by virtue of any deed, will, or other instrument, in any other trustee on trust for that beneficiary; and in any such case the two trusts shall be concurrent, but the powers of the trustee under this Part of this Act shall be exercised subject to the powers of the trustee under the pre-existing trust.
230 Trustee appointed in respect of minor may be continued in office by Court in certain cases.
1929, No. 19, s. 8
(1)
Where an order has been made, whether before or after the commencement of this Act, appointing a trustee of any person on the ground of his minority, the Court may, on the application of the trustee, or of any person interested, extend the duration of the order of appointment beyond the date when the beneficiary shall attain his majority if the Court is satisfied that it is in the interest of the beneficiary so to do. Notice of every application made under this section shall be given by the Court to the Native Minister, who may oppose the same upon any ground he thinks fit.
(2)
The Court may exercise the powers conferred by this section at any time during the minority of the beneficiary or at any time after the beneficiary has attained his majority if the trustee has not delivered to the beneficiary possession of the trust property.
(3)
When the duration of any order appointing a trustee is extended pursuant to this section, the trustee shall continue to have in respect of the beneficiary and of the trust property all the rights, powers, obligations, and duties that he had during the minority of the beneficiary.
(4)
Any order made by the Court under this section, extending the duration of an order appointing a trustee, shall continue in force for such period as the Court may fix therein in that behalf, or, if no period is so fixed, shall continue in force until the Court otherwise determines.
Part XI Marriages of Natives
231 Marriage Act to apply to marriages between Natives and Europeans.
1909, No. 15, s. 190
Every marriage between a Native and a European shall be celebrated in the same manner, and its validity shall be determined by the same law, as if each of the parties was a European; and all the provisions of the Marriage Act, 1908, shall apply accordingly.
232 Marriages between Natives to be in accordance with Marriage Act, or before Officiating Minister.
Ibid., s. 191
(1)
Every marriage between two Natives may, at the option of the parties, be celebrated either—
(a)
In the same manner as if each of the parties was a European; or
(b)
In the presence of an Officiating Minister under the Marriage Act, 1908, but without complying with the other requirements of that Act.
(2)
Every Officiating Minister who celebrates any marriage between Natives under paragraph (b) of this section shall make to the Registrar-General in respect of that marriage the same returns, subject to such modifications as may be prescribed by regulations under this Act, as in the case of a marriage between Europeans; and the provisions of the Marriage Act, 1908, with respect to such returns (including the penal provisions with respect thereto) shall, so far as applicable, apply accordingly.
233 Rules as to consanguinity or affinity to govern marriages between Natives.
1909, No. 15, s. 192
Marriages between Natives shall, with respect to the permitted or prohibited degrees of consanguinity or affinity, be governed by the same rules as marriages between Europeans.
Part XII Limitation of Area
234 Limitation of area.
Ibid., s. 193 1913, No. 58, s. 72
(1)
It shall not be lawful for any person to acquire any Native freehold land as the beneficial owner, lessee, or sublessee thereof (whether at law or in equity, and whether solely or jointly or in coon with any other person) if the land so acquired by him, together with all other land (whether Native, European, or Crown land) owned, held, or occupied by him under any tenure of more than one year and six months’ duration (whether at law or in equity, and whether solely or jointly or in common with any other person), would exceed a total area of five thousand acres, calculated in manner provided in this Part of this Act.
(2)
In this Part of this Act the term “beneficial owner”
includes, though not to the exclusion of any person entitled in remainder, a person beneficially entitled as tenant for life or as owner of any other freehold estate or interest less than the fee-simple.
(3)
Nothing in this Part of this Act shall apply to the acquisition of any interest in land under a will or by way of intestate succession.
235 Computation of area in respect of undivided shares.
1909, No. 15, s. 194
When any person acquires or holds an undivided share in any area of Native land as the beneficial owner, lessee, or sublessee of that share at law or in equity, then, in computing for the purposes of this Part of this Act the total acreage of land acquired or held by him, he shall not be deemed to have acquired or to hold the whole of that area jointly or in common with the other owners, lessees, or sublessees thereof, but the undivided share shall be computed as if it was a parcel owned in severalty and having an acreage equal to such part of the total area of that Native land as is proportionate to that undivided share therein.
236 Two or more persons not entitled to acquire undivided shares in Native land if any one of them is disqualified from so acquiring.
Ibid., s. 195
It shall not be lawful for any persons as partners, or otherwise in pursuance of any agreement, concert, or arrangement between them (whether that agreement, concert, or arrangement is legally enforceable or not), to acquire, whether severally or in common, any undivided shares in Native land, if any one of those persons is prohibited by this Part of this Act from acquiring all of those shares for himself.
237 Provisions as to disqualification to apply to certain incorporated companies.
Ibid., s. 196
(1)
It shall not be lawful for an incorporated company consisting of less than twenty persons to acquire in any Native land any interest which by reason of the foregoing provisions of this Part of this Act could not have been lawfully acquired by that company had it been an unincorporated partnership.
(2)
Save as in this section provided, this Part of this Act shall apply to a body corporate in the same manner as to an individual person.
238 Land occupied without title to be taken into account as if owned.
1909, No. 15, s. 197
In computing, for the purposes of this Part of this Act, the area of land held or acquired by any person, any land of which he has or acquires possession without title, whether solely or together with any other person, shall be taken into account in the same manner as if he held or acquired the beneficial ownership thereof, and all the provisions of this Act (including the penal provisions thereof) shall extend and apply accordingly.
239 Certain leases not to be taken into consideration in computing area for purposes of limitation.
Ibid., s. 198
In computing, for the purposes of this Part of this Act, the area of land already held by any person at the time when he acquires any other land, land held by that person under any lease or sublease the term of which expires within eighteen months without any right of renewal or right of purchase shall not be taken into account.
240 Renewable lease.
1913, No. 58, s. 73
A lease containing a right of renewal at the option of the lessee or a covenant for renewal shall be deemed to be a tenure for the aggregate of the unexpired term of such lease and the term for which the same may be renewed.
241 Alienation by way of exchange under Part VII not affected hereby.
1909, No. 15, s. 199
Nothing in this Part of this Act shall prevent any alienation of land by way of exchange in fee-simple under Part VII of this Act.
242 Limitation not to apply if land cannot be profitably worked in limited area.
Ibid., s. 200
Nothing in this Part of this Act shall prevent the acquisition by any person of any land which, in the opinion of the Maori Land Board in whose district that land is situated, is of such poor quality that it cannot be profitably occupied in areas of less than five thousand acres, and the acquisition of which by that person is accordingly confirmed or approved by that Board, except that it shall not be lawful for any person to acquire any land if he is already the beneficial owner or occupier of the maximum area permitted by the foregoing provisions of this Part of this Act.
243 This Part not to apply to leases under Part XVI.
Ibid., s. 201
Nothing in this Part of this Act shall prevent the lease of any Native land by a Maori Land Board to a Native under the provisions of Part XVI of this Act.
244 This Part not to apply to Maori Land Board.
1928, No. 49, s. 5
Nothing in this Part of this Act shall prevent the acquisition of any land by a Maori Land Board.
245 This Part not to apply to acquisition of Native land on charitable trust.
1909, No. 15, s. 202
Nothing in this Part of this Act shall prevent the acquisition of any Native land on any charitable trust.
246 Governor-General may authorize acquisition notwithstanding provision as to limitation.
1927, No. 67, s. 17
The Governor-General may by Order in Council in any case in which he deems it expedient in the public interest so to do authorize any acquisition, alienation, or disposition of any land, or any interest therein, by any person, notwithstanding the provisions of this Part of this Act.
247 Computation of area.
1913, No. 58, s. 72 1924, No. 31, s. 107
(1)
In computing, for the purposes of this Part of this Act, the area of any land every acre of first-class land shall be reckoned as seven and a half acres, and every acre of second-class land shall be reckoned as two and a half acres.
(2)
Land of an unimproved value of not less than eight pounds an acre, shall be deemed to be first-class land; and if of an unimproved value of less than eight pounds but not less than four pounds an acre, shall be deemed to be second-class land; and if of an unimproved value of less than four pounds an acre, shall be deemed to be third-class land. In this section the term “unimproved value”
has the same meaning as in the Valuation of Land Act, 1925, but shall be deemed not to include the value of the timber (if any) standing thereon.
248 Limited area, and disqualification.
1913, No. 58, s. 74
(1)
Subject to the special provisions of this Part of this Act, no “disqualified person”
as hereinafter defined shall be capable of acquiring any interest in any “limited area”
as hereinafter defined either from the person originally acquiring the same or from any transferee, assignee, lessee, or sublessee from him, or from any person claiming through, under, or in trust for any such alienee or transferee, assignee, lessee, or sublessee.
(2)
“Disqualified person”
means any person who owns, holds, or occupies as the beneficial owner under any tenure, either severally or jointly or in common with any other person, such an area of land (whether Native, European, or Crown land) as would, when added to any limited area as hereinafter defined proposed to be acquired by him, exceed five thousand acres, calculated in the manner provided by this Part of this Act.
(3)
“Limited area”
means (a) any area of Native freehold land alienated either in fee-simple or for a lesser estate or interest after the fifteenth day of December, nineteen hundred and thirteen, and (b) any area of Native freehold land which since the thirty-first day of March, nineteen hundred and ten, has become European land or which may become European land under the provisions of this or any other Act.
(4)
Every certificate of title hereafter issued in respect of any land affected by the provisions of this section shall have written thereon a memorandum stating that the land comprised therein is subject to the restrictions imposed by this section.
249 Declaration.
Ibid., s. 75
No District Land Registrar or Registrar of Deeds shall register any transfer, conveyance, or other disposition of a limited area as hereinbefore defined unless the instrument of such disposition is accompanied by a statutory declaration made by or on behalf of the transferee or other person acquiring an interest in the land by virtue of such disposition, to the effect that he is not a disqualified person within the meaning of the last preceding section.
250 Limitation of area not to apply to certain interests.
1927, No. 67, s. 16
The provisions of this Part of this Act shall not apply—
(a)
Land which has become vested in any European by virtue of an order of exchange made under Part VII of this Act, except in cases where the land received by the Native in exchange was immediately prior to the exchange subject to the provisions of section two hundred and forty-eight of this Act:
Provided, however, that this exemption shall not apply to any undivided interest in Native freehold land acquired by virtue of an order of exchange, unless and until such time as the interest so acquired has been partitioned off either in favour of the European so acquiring it or of some one claiming through or under him:
(b)
Land formerly used or laid off as a road and which road has been closed or stopped and has become or is intended to be vested in any European:
(c)
Land, not exceeding twenty acres in extent, which has been severed from a greater area by reason of the laying-off of a public road or railway.
251 When mortgagee not required to make declaration.
1913, No. 58, s. 81 1922, No. 48, s. 18
Where any interest in Native freehold land is mortgaged and subsequently acquired by the mortgagee under section one hundred and twelve of the Land Transfer Act, 1915, or section eighty of the Property Law Act, 1908, the mortgagee may hold the interest acquired notwithstanding that he may be a disqualified person under this Part of this Act:
Provided that the conveyance or transfer executed by the Registrar of the Supreme Court shall not be registered until, and the deeds and documents of title shall be retained by the Registrar of the Supreme Court until, the bona fide resale by the mortgagee of the said interest to a person qualified to make the required declaration.
252 Leaseholds acquired prior to 31st March, 1910.
1913, No. 58, s. 78
Notwithstanding anything hereinbefore contained, a leasehold interest, or life estate, or other particular or limited estate or interest, originally acquired in any Native freehold land prior to the thirty-first day of March, nineteen hundred and ten, may be lawfully acquired by any person if the area so acquired, together with all other land (whether Native, European, or Crown land) owned, held, or occupied by the person acquiring, under any tenure (whether at law or in equity and whether severally or jointly or in common with any other person), would not exceed a total area of nine thousand acres, calculated in the manner provided by this Part of this Act.
253 Special provision as to assignment and subletting.
Ibid., s. 79
For the purposes of assignment and subletting, every lease, whether granted prior to or after the passing of this Act, shall be deemed to be a lease of land not exceeding the maximum area which may be lawfully acquired by any person.
254 Alienation in breach of this Part of this Act not invalid, but an offence.
1909, No. 15, s. 205 1912, No. 34, s. 7
No alienation, acquisition, or disposition of land, or of any interest therein, shall be invalid because of any breach of the foregoing provisions of this Part of this Act, but every person who wilfully commits, aids, or abets any breach of those provisions shall be guilty of an indictable offence, punishable in any case in which the defendant is a body corporate by a fine not exceeding one thousand pounds, and in any other case by a fine not exceeding five hundred pounds, or by imprisonment with or without hard labour for a term not exceeding two years.
255 Forfeiture of land acquired in violation of this Part of Act.
1912, No. 34, s. 7
(1)
If any person knowingly acquires any interest in Native freehold land or in a limited area as defined by this Part of this Act, contrary to the provisions of this Part of this Act, then, notwithstanding the confirmation or registration of any instrument of alienation, the Supreme Court may in an action by the Attorney-General, in the name and on behalf of His Majesty the King, declare that the interest so acquired is forfeited to His Majesty; and the same shall thereupon vest in the Crown accordingly, subject, however, to all interests lawfully and in good faith and for value acquired by any other person before the commencement of such action.
(2)
Without in any manner limiting the generality of the last preceding subsection, where any interest so acquired as aforesaid contrary to the provisions of this Part of this Act is a leasehold interest, or any other interest less than the fee-simple, the Supreme Court may in such an action as aforesaid declare that the interest so acquired is extinguished, instead of declaring that the same is forfeited to His Majesty, and the same shall thereupon merge in the interest out of which it was derived, without prejudice, however, to any interest lawfully and in good faith and for value acquired by any other person before the commencement of the action.
(3)
Any interest acquired by His Majesty in pursuance of this section may be sold or otherwise disposed of by the Governor-General in any manner whatsoever as he thinks fit, and if the interest so acquired is a leasehold interest or any other interest less than the fee-simple it may be surrendered by the Governor-General without the consent of any other person.
(4)
When the fee-simple of any land has been forfeited to His Majesty in pursuance of this section the Governor-General may proclaim the land to be Crown land subject to the Land Act, 1924, and it shall then be disposed of and administered in accordance with that Act in all respects.
(5)
When the fee-simple of any land has been forfeited to His Majesty in pursuance of this section the provisions of section four hundred and fifty-five of this Act (relating to the determination of leases or licenses) shall apply thereto in the same manner as if the land had been purchased under Part XIX of this Act.
Part XIII Alienation
Powers of Alienation
256 All existing restrictions on alienation of Native land removed.
1909, No. 15, s. 207
(1)
All prohibitions or restrictions on the alienation of land by a Native, or on the alienation of Native land, which before the thirty-first day of March, nineteen hundred and ten, have been imposed by any Crown grant, certificate of title, order of the Native Land Court, or other instrument of title, or by any Act, shall, with respect to any alienation made after the commencement of this Act, be of no force or effect.
(2)
Subject to the provisions of this Act, a Native may alienate or dispose of any land or any interest therein in the same manner as a European, and Native land or any interest therein may be alienated or disposed of in the same manner as if it was European land.
257 Native land held by a single owner may be declared European land by the Appellate Court.
Ibid., s. 208
(1)
If any Native freehold land is owned in severalty and beneficially by a Native for a legal estate in fee-simple, the Native Appellate Court may, if it thinks fit, on the application of that Native, make an order that the land shall thereafter be held by him as European land, and thereupon the land shall cease to be Native land, and shall at all times thereafter and for all purposes be deemed to be European land accordingly.
(2)
Every such order may be registered under the Land Transfer Act, 1915, against the title to any land affected thereby.
258 Native land owned by more than ten owners to be inalienable except as prescribed.
Ibid., s. 209 1912, No. 34, s. 8 1913, No. 58, s. 135 1927, No. 67, s. 6
(1)
When any Native land is owned for a legal estate in fee-simple by more than ten owners as tenants in common, exclusive of any European owner, no Native owner thereof shall be capable of making any alienation thereof unless that alienation is made in accordance with Part XVIII of this Act, relating to the powers of assembled owners, or with the consent of the Governor-General in Council granted upon the recommendation of a Board.
(2)
If an instrument of alienation is partly executed at any time when there are not more than ten owners of the land, the instrument may thereafter be completely executed by the remaining owners, notwithstanding the provisions of this section, although by reason of successions on the death of owners or in any other manner the number of owners has become greater than ten.
(3)
In computing the number of the owners of any Native land for the purposes of this section the successors of a deceased Native shall be computed as being one person only.
259 Alienation of certain equitable interests for bidden.
1913, No. 58, s. 83
Excepting as is hereinafter provided, no Native shall be capable of making any alienation, charge, or other disposition (otherwise than by will) of his equitable or beneficial interest in any land the legal estate in which is vested in any Maori Land Board or in the Native Trustee for the purpose of enabling such land to be administered for his benefit, or is vested in trustees under any statutory trust by which he is prevented from getting in the legal estate in respect of his beneficial interest.
260 What equitable interests may be alienated.
Ibid., s. 83
Save as in the last preceding section mentioned, a Native may alienate any equity of redemption or any beneficial interest conferred on or vested in him the legal estate in respect of which he has a right by statute or otherwise to get in, or any beneficial interest conferred on or vested in him by any order if such order shall be such that, when completed, it will be registrable under the Deeds Registration Act, 1908, or the Land Transfer Act, 1915.
261 Native incapable of disposing of his interest in the revenues or proceeds of Native land.
1909, No. 15, s. 210 1928, No. 49, s. 6
(1)
No Native shall be capable of making, except by will, any assignment, charge, or other disposition, whether by way of anticipation or otherwise, of any rent, purchase-money, or other money which is or may become receivable by him in respect of his interest, whether legal or equitable, in any Native land or in respect of any alienation thereof.
(2)
Nothing in this section shall prevent any alienation, assignment, mortgage, charge, or other disposition in favour of the Crown, or in favour of any State Loan Department.
(3)
Nothing contained in this Act or any other Act affecting or dealing with Natives or Native lands shall prevent or render invalid any assignment, mortgage, charge, or other disposition by a Native, whether by way of anticipation or otherwise, in favour of a Maori Land Board of any money which is or may become receivable by or be payable to such Native in respect of his interest, whether legal or equitable, in any Native land, or in respect of any alienation thereof, or otherwise howsoever.
262 Sale of standing timber, flax, &c., to be deemed an alienation of land.
1909, No. 15, s. 211.
For the purposes of this Act a contract of sale of timber, flax, minerals, or other valuable thing attached to or forming part of Native land (other than industrial crops) shall be deemed to be an alienation of that land, unless the thing so sold or agreed to be sold has been severed from the land before the making of the contract.
263 Disposition of a life estate, &c., to be deemed an alienation.
Ibid., s. 212
Any alienation or other disposition by a Native of a life estate in Native land, or of any other beneficial freehold interest in Native land less than the fee-simple thereof, shall be deemed to be an alienation of Native land by that Native, and all the provisions of this Act with respect to such alienations shall apply thereto accordingly.
264 Alienation by trustees of Natives under disability.
1909, No. 15, s. 213 1920, No. 21, s. 26
All the provisions of this Part of this Act relating to alienations of Native land by a Native shall extend and apply to alienations of Native land by a trustee appointed under Part X of this Act for a Native who is a minor or under any other disability, save that where that trustee is the Native Trustee or a European the formalities of execution required by section two hundred and sixty-eight of this Act shall not be required, and the instrument of alienation may be executed by him in the same manner as if the land affected thereby was European land.
265 Existing rights preserved.
1909, No. 15, s. 214
Nothing in this Act shall take away or affect any right existing at the commencement of this Act to the specific performance of any contract for the alienation of Native land, or to the enforcement of any equitable interest in Native land; and every such right shall be enforceable, and may be acted on and carried into full effect, in the same manner as if this Act had not been passed.
266 Who may acquire.
1913, No. 58, s. 70
Any person of the age of seventeen years and upwards may acquire any Native freehold land or any estate or interest therein, subject to the provisions of Part XII of this Act.
267 Obligations of minor acquiring.
Ibid., s. 71
Any minor who has acquired under an alienation thereof any Native freehold land as the beneficial owner, lessee, or sublessee thereof (whether at law or in equity) shall be deemed to be of the full age of twenty-one years for the purposes of all rights and obligations under or incidental to such alienation and for all the purposes of the Fencing Act, 1908.
Execution of Instruments of Alienation
268 Formalities of execution of instruments of alienation by Natives.
1909, No. 15, s. 215 1913, No. 58, s. 87
(1)
Every alienation of Native land by a Native shall be effected by an instrument in writing, signed by that Native and in conformity with the provisions of this section.
(2)
If the Native has a knowledge of the English language sufficient to enable him to understand the effect of the instrument if read or explained to him in that language, his signature thereto shall be attested by a solicitor of the Supreme Court, a Justice of the Peace, a Stipendiary Magistrate, a Judge, Registrar, or Commissioner of the Native Land Court, or a Postmaster; and the witness so attesting the signature shall certify in writing on the instrument that the Native executing the same had a knowledge of the English language sufficient to enable him to understand, and that he did understand, the effect of the instrument. Every such certificate shall be conclusive proof that the Native had such a knowledge of the English language as is required by this subsection.
(3)
If the Native has not a knowledge of the English language sufficient to enable him to understand the effect of the instrument if read or explained to him in that language, his signature shall be attested by a solicitor of the Supreme Court, a Justice of the Peace, a Stipendiary Magistrate, a Judge, Registrar, or Commissioner of the Native Land Court, or a Postmaster, and in every case also by a licensed Interpreter of the first grade; and the Interpreter shall certify in writing on the instrument that the effect of the instrument was explained by him to the Native, and that the Native understood the effect thereof. The execution of the instrument in manner provided by this subsection shall be a sufficient compliance with the requirements of this section, even though the instrument might lawfully have been executed in accordance with the last preceding subsection.
(4)
If the Native has not a knowledge of the English language sufficient to enable him to understand the effect of the instrument if read or explained to him in that language, there shall, before the execution of the instrument by that Native, be endorsed or otherwise written thereon a statement in the Maori language correctly setting forth the material contents thereof, and certified as correct by a licensed Interpreter of the first grade, and also a plan of the land affected by the instrument.
(5)
No witness shall attest the signature of a Native to an instrument of alienation of Native land unless the date on which the instrument is executed by that Native is stated in the instrument.
(6)
Subject to the operation of a confirmation by a Maori Land Board, no alienation by a Native of any Native land shall have any validity or effect unless made in conformity with the requirements of this section.
(7)
No contract of alienation of Native land by a Native shall, unless that contract is in conformity with this section, be enforceable against that Native by reason of part performance or otherwise.
(8)
Nothing in this section shall exclude the jurisdiction of the Supreme Court, in any case in which an instrument of alienation has been confirmed by a Maori Land Board under the provisions of this Act, to order the rectification of that instrument in accordance with the true intent of the parties in the same manner as if the instrument had been made between Europeans; and in such a case no further confirmation by the Board shall be required.
269 Native out of New Zealand may appoint an attorney
1909, No. 15, s. 216
(1)
Notwithstanding any of the requirements of this Act as to the execution of instruments of alienation of Native land by Natives, a Native who at the time of the execution of any such instrument is out of New Zealand may execute that instrument by his attorney, being a European.
(2)
The instrument shall be executed by the attorney in the same manner as if he was the attorney of a European.
(3)
The power of attorney shall be executed by the Native and verified in the same manner as if he was a European, and all the provisions of any Act relating to the execution, verification, and operation of powers of attorney given by Europeans shall extend and apply accordingly.
Confirmation
270 Every alienation by a Native to be confirmed.
Ibid., s. 217 1914, No. 63, s. 6
(1)
No alienation of Native land by a Native shall have any force or effect until and unless it has been confirmed by a Maori Land Board.
(2)
Every such alienation thereof must be confirmed by the Board of the district in which the land is situated, or if the land is situated in two or more Maori land districts, then by the Board of the district in which the greater area of that land is situated.
271 Time and manner of applying for confirmation.
1909, No. 15, s. 218 1920, No. 63, s. 4 1927, No. 67, s. 8
(1)
No confirmation of any alienation by a Native shall be granted unless application for such confirmation is made by or on behalf of a party to the instrument of alienation within six months; or if the land is situated in the Chatham Islands, within twelve months:
Provided that the Board may in its discretion and subject to such conditions or terms as it thinks just confirm an alienation which in its opinion is one that ought to be confirmed, notwithstanding that the application for confirmation was not made within the time limited by this subsection.
(2)
When an instrument of alienation is executed at different times by different parties alienating, successive applications for confirmation may be made in respect of the successive executions of the instrument, and the alienation may be confirmed from time to time accordingly.
(3)
Every application for confirmation of any instrument of alienation, otherwise than by way of mortgage or charge, shall be accompanied by a statutory declaration, in the prescribed form and manner, and made by a party to the instrument, to the effect that no person acquiring any interest under the instrument was at the date of the execution thereof by any party thereto prohibited from acquiring that interest by Part XII of this Act.
272 Effect of confirmation.
1909, No. 15, s. 219
(1)
Confirmation shall be granted by a certificate of confirmation endorsed or otherwise written on the instrument of alienation, and sealed with the seal of the Board.
(2)
On confirmation being so granted the instrument of alienation shall (if otherwise valid) take effect according to its tenor, subject to the requirements (if any) of registration under the Land Transfer Act, 1915, as from the date at which it would have taken effect if no such confirmation had been required.
(3)
For the purposes of the Stamp Duties Act, 1923, the date of the certificate or of each successive certificate of confirmation shall be deemed to be the date of the execution of the instrument in respect of the alienation thereby confirmed.
273 Conditions of confirmation.
Ibid., s. 220 1913, No. 58, ss. 85, 91
(1)
No alienation shall be confirmed unless the Board is first satisfied as to the following matters:—
(a)
That the instrument of alienation has been duly executed in manner required by this Part of this Act:
(b)
That the alienation is not contrary to equity or good faith, or to the interests of the Natives alienating:
(c)
That no Native will by reason of the alienation become landless within the meaning of this Act, unless the land which is the subject of alienation is not, having regard to all the circumstances, likely to be a material means of support to such Native, or that the Native alienating is qualified to pursue some avocation, trade, or profession, or is otherwise sufficiently provided with a means of livelihood:
(d)
That the consideration (if any) for the alienation is adequate as at the date of the execution of the instrument of alienation:
(e)
That in the case of an alienation by way of sale the purchase - money has been either paid or sufficiently secured:
(f)
That no person acquiring any interest under the alienation is prohibited from acquiring that interest by virtue of the provisions of Part XII of this Act relating to limitation of area:
(g)
That the alienation is not in breach of any trust to which the land is subject:
(h)
That the alienation is not otherwise prohibited by law.
(2)
If the Board is satisfied as to all the matters referred to in this section, a certificate of confirmation shall be granted as a matter of right.
(3)
A certificate of confirmation shall, except in criminal proceedings, be conclusive proof that all the requirements of the law as to the matters referred to in this section (other than the matters referred to in paragraphs (g) and (h) thereof) have been duly fulfilled.
(4)
A refusal of confirmation by the Board on the ground that the requirements of the law as to any of the matters referred to in this section (other than those referred to in paragraphs (b), (g), and (h) thereof) have not been fulfilled shall be final and conclusive, and shall not be subject to review in any Court; but if confirmation is erroneously refused because the Board is of opinion that the requirements of paragraph (b) or (g) or (h) of this section have not been fulfilled, or on any ground other than those hereinbefore referred to, any person aggrieved by the refusal may within one month thereafter apply to the Supreme Court for a writ of mandamus as against the Board.
(5)
No certificate of confirmation shall be questioned or invalidated on the ground of any error or irregularity in the procedure by which it was applied for or granted.
274 Duty of Boards to protect Native burial places.
1930, No. 29, s. 17
It shall be the duty of a Board in confirming any alienation of Native freehold land to make inquiry as to whether there is any Native burial-ground situate upon the land the alienation of which is being effected, and, if so, to take steps to protect such Native burial-ground either by excepting it from the alienation or by such other means as to the Board shall seem sufficient for the purpose.
275 Confirmation may be granted notwithstanding irregularities.
1909, No. 15, s. 221
The Board may, in its discretion, confirm an alienation notwithstanding any informality or irregularity in the mode of execution of the instrument of alienation or in the procedure under this Part of this Act, if it is satisfied that the informality or irregularity is immaterial having regard to the interests of all the parties.
276 Confirmation of instruments executed before commencement of this Act.
Ibid., s. 222
Every instrument of alienation may, so far as it has been executed before the commencement of this Act, be confirmed, approved, or consented to by the Court or Board, or by the Governor-General in Council, as the case may be, in the same manner and on the same conditions, and the confirmation, approval, or consent shall have the same effect, as if this Act had not been passed.
277 Mode of estimating adequacy of consideration.
Ibid., s. 223 1913, No. 58, s. 85 1922, No. 48, s. 14
(1)
On any application for the confirmation of an alienation, the Board shall estimate the adequacy of the consideration for that alienation by reference to the valuation of the land for the time being in force under the Valuation of Land Act, 1925; but if in any case the Board thinks fit so to do, it may require the Valuer-General to make a new valuation of that land and to certify the result thereof to the Board, and the Board may then estimate the adequacy of the consideration by reference to the valuation so made in lieu of the valuation in force under the said Act.
(2)
For any new valuation so made by the Valuer-General there shall be paid to him by the applicant for confirmation a fee in accordance with a scale to be prescribed by regulations, and the Board may refuse to confirm the alienation until that fee has been paid.
(3)
Upon the alienation by way of sale of any Native freehold land by the lessor thereof to the lessee or to any person claiming through or under him, the consideration shall be deemed to be adequate until the contrary is shown if it amounts to a sum equal to the capital value at which the owners’ interest is valued under the Valuation of Land Act, 1925, at the time of the contract of purchase.
(4)
If such valuation was made more than one year previous to the date of the contract of sale, or there are special circumstances which seem to call for it, the Board may requisition a new valuation under its powers in that behalf and estimate the adequacy of the consideration by reference to the valuation so made.
278 Permitting Native land valuations to be revised.
1927, No. 67, s. 29 1928, No. 49, s. 18
(1)
Where a new valuation of Native freehold land is requisitioned or made under the provisions of the Valuation of Land Act, 1925, for the purpose of ascertaining the consideration or rental to be paid under any instrument of alienation of such land, any person affected thereby, including a person interested in an alienation or proposed alienation of the land so valued, may object to such valuation by notice in writing delivered to the Valuer-General within six months after the making of such valuation.
(2)
Notwithstanding anything contained in the Valuation of Land Act, 1925, all objections to such new valuation shall be heard and determined by the President of the Assessment Court constituted under the Valuation of Land Act, 1925, sitting alone, and it shall not be necessary for assessors to act with the President in the hearing of any such objections. The President of the Assessment Court, on the hearing and determination of objections, shall have the same powers of hearing evidence and of summoning witnesses as are possessed by the said Assessment Court, and may make such alteration in the valuation as he shall think expedient, together with all such consequential alterations as are necessary for the purpose of fixing the capital and unimproved values of the land and the value of any improvements, and the decision of the said President shall be final.
(3)
There shall be payable in respect of the hearing of objections hereunder such fees as the Governor-General may from time to time by Order in Council prescribe.
279 Terms of alienation may be modified.
1913, No. 58, s. 88
If on an application for confirmation it shall appear to the Board that the alienation is made bona fide, but that some modification ought in justice to be made in the terms of such alienation in favour of the Native owner alienating (whether such modification be an increase of the amount payable by way of rent, or purchase-money, or interest, or otherwise howsoever), it shall be lawful for the Board, with the consent of the alienee, to modify the terms of such alienation, and to confirm the same as modified, and if necessary to embody the terms of such modification in the certificate of confirmation; and such modification shall have the same force and effect as if it had been originally embodied in the instrument of alienation.
280 Protection of tenant’s improvements.
Ibid., s. 93 1930, No. 29, s. 5
(1)
In the case of an application to confirm any alienation of Native land held by a tenant under an existing lease direct from the Native owner, but containing no provision for compensating the tenant for improvements, the Board may (if such alienation be to a person other than such tenant) refuse confirmation of such alienation if it appears that the tenant holding of the Native owner has made substantial improvements on the said land, and it is of opinion that such alienation is not in good faith so far as regards such tenant, or is against the interest of such tenant, and calculated to deter him from proceeding with the improvement of the land under his lease, provided such tenant shall himself be willing to purchase or lease the land at the same price or rent as the applicant for confirmation has agreed to pay, and is not disqualified from acquiring such land.
(2)
This section shall not apply in any case where it is proved to the satisfaction of the Board that the Native owner has offered in writing to sell the land to the tenant at the same price as in the sale proposed to be confirmed, or has offered in writing to agree to renew the lease to the tenant at the same rent as in the lease proposed to be confirmed, and the tenant has refused, or has not within a reasonable time accepted, such offer.
281 Payment to Board or Native Trustee.
1913, No. 58, s. 92 1920, No. 21, s. 26 1921, No. 62, s. 2 1922, No. 48, ss. 3, 8 1925, No. 40, s. 3 1927, No. 67, s. 18
(1)
In any case in which the Board hearing an application for confirmation considers that it is not in the interest of any Native alienating that the money payable on such alienation, or any unpaid balance thereof, shall be actually paid to the Native entitled thereto or paid immediately to him, it may require the same to be paid to the Board or to the Native Trustee.
(2)
In any case in which payment of money payable on any alienation is made to the Board, whether under the foregoing provision or otherwise, such payment shall for the purpose of confirmation be deemed to be a payment to the Native alienating; and the Board may pay such money or any part, thereof to the Native entitled thereto, or may deposit the same or any part thereof with the Native Trustee, or otherwise invest the same for the benefit of such Native.
(3)
No Native for whose benefit any money shall be deposited or invested under this section shall be capable of charging, assigning, or alienating the same, or the income thereof, or any part thereof respectively unless with the consent of a Judge of the Court evidenced by an order of such Judge, or the consent of the Native Minister, nor shall such money or income be liable to be attached or taken in execution on any judgment.
(4)
No money required by a Board to be paid as in this section provided, nor any deposit or investment representing such money, nor any income arising therefrom, shall be assets in the bankruptcy of the person for the time being beneficially entitled thereto or pass to the assignee of that bankruptcy.
(5)
(a)
The Board may expend for and on behalf of any Native entitled thereto any money held, invested, or deposited under this section in the purchase or lease of land, or any interest in land (herein called “the said property”
). The said property may be acquired in the name of the Board or in the name of the Native beneficiary, and the provisions of subsections three and four of this section shall apply to the said property in the same manner and to the same extent as if it were money invested or deposited under this section.
(b)
Upon the acquisition of the said property the District Land Registrar shall, at the request in writing of the Board, enter a memorial upon the Register-book, and upon the certificate or other instrument of title, that such property is subject to the provisions of this section and, at the like request, may cancel such memorial. Upon cancellation of such memorial the provisions of this section shall cease to apply to the said property.
(c)
Nothing in this subsection contained shall affect the operation of any statute under which rates or taxes are levied or recovered, or under which any Hen or charge may be granted against land; nor shall the operation of any mortgage, charge, Hen, or encumbrance granted prior to the acquisition in manner aforesaid of the said property be affected, but all rights and remedies may be exercised and as fully and freely enforced in such cases as if the said property was not subject to the provisions of this section.
(6)
Notwithstanding the death of the beneficiary entitled to moneys held or invested under this section, the trust funds shall still remain subject to the provisions of this section so long as the money is so held or invested.
(7)
Where moneys have been paid to a Board under section ninety-two of the Native Land Amendment Act, 1913, or under this section, and notwithstanding that the same may have been deposited with the Native Trustee or otherwise invested by the Board, the Native Minister may direct in writing under his hand that the whole or any part of the moneys so paid to a Board shall be paid over to the beneficiaries or any of them, or to any person appointed by any such beneficiary and approved of by the Native Minister, and thereupon the Board shall accordingly pay any amount so directed to be paid out of the funds in the account established by section eighty-nine of this Act.
282 Confirmation of instruments executed in performance of precedent contract.
1909, No. 15, s. 224
When any valid contract to grant or renew a lease, or any other valid contract of alienation, has been duly confirmed under this or any other Act, the confirmation of any lease or other instrument of alienation in pursuance of that contract shall, if duly executed in accordance with this Act, be granted by the Board as a matter of right.
283 Power of Board to take evidence on application for confirmation.
Ibid., s. 225
(1)
In the hearing and determination of an application for confirmation the Board shall be deemed to constitute a Court of record, and shall have the same powers of hearing evidence and of summoning witnesses as are possessed by the Native Land Court; and all the provisions of this Act and of Rules of Court with respect to evidence and witnesses (including the penal provisions thereof) shall, so far as applicable, and with all necessary modifications, extend and apply to a Maori Land Board accordingly.
(2)
The President of the Board may, by writing under his hand, appoint some person to take and record evidence respecting any application or matter before the Board, and all the provisions of subsection one hereof shall apply to any hearing hereunder.
284 Removal into Supreme Court.
1913, No. 58, s. 90
(1)
In case questions of difficulty shall arise on any application for confirmation, the Board may, with the consent of the Chief Judge, order the application to be removed into the Supreme Court, and, on the filing of such order in the Supreme Court of the district within which the lands affected are situated, the Supreme Court shall have jurisdiction to hear and determine such application; and no appeal shall He from its decision unless the Judge of the Supreme Court hearing such application shall, within fourteen days after his decision give leave to appeal to the Court of Appeal. Such decision shall be binding upon the Board, which shall grant or refuse confirmation accordingly.
(2)
A Board may state a case for the opinion of the Supreme Court on any point of law arising in the proceedings, and the decision of the Supreme Court on the case so stated shall be binding on such Board.
Leases
285 Leases of Native land not to exceed fifty years.
1909, No. 15, s. 227
(1)
No alienation of Native land by way of lease shall be for a longer term (including any term or terms of renewal to which the lessee is entitled) than fifty years.
(2)
Every such lease shall be granted so as to take effect in possession within one year from the date of the first execution thereof by any party thereto.
(3)
Subject to the provisions of this section as to the maximum duration thereof, any such lease may confer upon the lessee a right of renewal thereof for one or more terms.
286 Compensation for improvements.
Ibid., s. 228 1920, No. 21, s. 26
(1)
If any lease confirmed by the Board contains any provision for the payment by the lessors to the lessee at the end of the term, or of any renewal thereof, of any money by way of compensation for improvements made by the lessee, the Board may, on granting confirmation, order that a certain proportion of the rent shall be set aside and accumulated as a sinking fund for the purpose of meeting any such liability to pay for improvements.
(2)
Any such order may at any time be revoked or varied.
(3)
All sums so ordered to be set aside shall be deducted from time to time by the lessee from the rent as it accrues due, and shall be paid by him to the Native Trustee, who shall invest the same and the accumulations of interest thereon, and shall dispose of all moneys so in his hands, in accordance with the directions of the Board, after deducting therefrom such reasonable remuneration for his services as is authorized by the regulations of the Native Trust Office for the time being in force.
(4)
All money so payable by the lessee to the Native Trustee shall constitute a debt due by him to the Native Trustee, recoverable by action or distress in the same manner as if it was rent due by him to the Native Trustee for the land demised.
(5)
Where the lessee becomes entitled under the terms of the lease to receive payment of any sum by way of compensation for improvements, that sum shall constitute a charge on all moneys so in the hands of the Native Trustee, and the Board may order the Native Trustee to satisfy that charge out of the moneys so in his hands.
(6)
If the moneys so accumulated in the hands of the Native Trustee exceed the amount so becoming due to the lessee, the Board shall direct the payment of the surplus to the persons then entitled to the revenues of the land demised.
(7)
Whether any such sinking fund has been constituted or not, any sum payable to a lessee as compensation for improvements under any lease confirmed by the Board shall constitute, as from the commencement of the term of the lease, a charge upon the land demised; and when the compensation becomes payable in accordance with the provisions of the lease, that charge may be enforced by the Native Land Court by the appointment of a receiver, in the same manner as in the case of a charge imposed under this Act by an order of that Court.
(8)
The amount of compensation (if any) payable to a lessee, and the time at which and conditions on which it becomes payable, shall be determined in accordance with the terms of the lease.
(9)
This section shall apply also to leases confirmed under the Native Land Act, 1909, notwithstanding the repeal of that Act.
287 Limitation of time for enforcement of charges in respect of lessee’s right to compensation for improvements.
1929, No. 19, s. 11
Any charge upon land which is or may be constituted in terms of the last preceding section, or of section three hundred and twenty-seven of this Act, in respect of any sum payable to a lessee as compensation for improvements upon the land demised to him, shall cease and determine at the expiration of six months from the time when the compensation becomes payable in accordance with the terms of the lease unless the lessee shall, prior to the expiration of such period of six months, have caused the amount of such compensation to be determined in manner provided by his lease and has duly applied to the Court for the appointment of a receiver for the purpose of enforcing the charge:
Provided, however, that the Court may in its discretion, and subject to such terms and conditions as it thinks just, on application made at any time before the expiration of the said period of six months, extend that period for a further period not exceeding six months.
288 Grant of new leases on subdivision of leasehold.
1922, No. 48, s. 17 1926, No. 64, s. 7
(1)
Where the lessee of Native land is desirous of subdividing his holding he may apply to the Board of the district wherein the land comprised in the lease is situate for one or more new leases to be granted, and thereupon, if the Board is satisfied that it would not be against the interests of the Native owners to do so, it may accept and execute on behalf of the Native lessors a surrender of the said lease, and may either grant to the former lessee and execute a new lease or leases for the whole or any part of the land comprised in such surrendered lease for the residue of the term of the surrendered lease, or may grant to a sublessee, or any other person appointed by the former lessee (subject to such person being able to make the necessary declaration of qualification), a new lease of the whole or any part of the land for a like term.
(2)
Any instrument executed by the Board hereunder shall recite that it is executed as the agent of the registered proprietors, and shall have the same force and effect, and may be registered in like manner, as if it had been lawfully executed by all the owners of the land or their trustees, and as if those owners or trustees had been fully competent in that behalf.
(3)
No such new lease shall be executed without the consent of the owners or their trustees, signified in writing, or by resolution of assembled owners:
Provided that such consent shall not be required in any case where the Board, after notice given to the owners in such manner as it shall direct, either receives no objection against the grant of such new lease, or if, having received any such objection, the Board considers it should not prevail.
(4)
A resolution directing the Board to accept a surrender or grant a new lease under this section shall be deemed to be one that the assembled owners may pass.
(5)
The Board, in accepting any surrender, or granting any new lease, may impose such conditions as it thinks necessary for the protection of the owners, and may apportion the rent payable in such manner as it thinks expedient.
289 Authorizing variation of terms of payment of rent.
1926, No. 64, s. 5
(1)
Whenever any Native land is vested in a corporate body under Part XVII of this Act, or is not so vested but is owned for an estate in fee-simple (whether legal or equitable) by more than ten owners as tenants in common, and is subject to a lease for a term of years, and it is desired to make a variation in the terms of payment of the rent reserved and payable under such lease, then, notwithstanding anything in this Act to the contrary, the committee of management of the corporate body, or the assembled owners, as the case may be, may from time to time by resolution agree to release, reduce, or extend the time for payment of the whole or any part of the rent reserved and payable or to become payable under such lease.
(2)
Subject to the concurrence of the lessee and of those claiming through him, any such resolution may contain a provision that the rental payable shall be increased during any part of the unexpired term of such lease.
(3)
Such resolution shall not become effective unless and until the same or the terms thereof have been approved of by a Maori Land Board. The Board may approve of the same, subject to such conditions as it thinks to be in the interests of the Native owners.
(4)
Upon such resolution being approved, the Board shall thereupon become the agent of the corporate body or of the owners for the time being, as the case may be, to execute in the name of the Board a memorandum setting out the terms of such release, reduction, increase, or extension of the time for payment, and the corporate body or the owners shall not be competent to revoke the authority of the Board in that behalf.
(5)
It shall be deemed to be within the powers of the assembled owners to pass under Part XVIII of this Act such a resolution as is herein referred to, whether such resolution was passed before or after the coming into operation of this Act; but it shall not be necessary for any such resolution to be confirmed, nor shall any said resolution lapse for want of confirmation. The provisions of Part XVIII in reference to any such resolution are hereby modified accordingly.
(6)
A memorandum executed under this section shall contain a statement or recital that the Board is authorized to execute the same as the agent of the corporate body or of the owners under this section, and this shall be accepted by the District Land Registrar and all Courts as sufficient prima facie evidence of the facts so stated or recited. Such memorandum shall, without confirmation under Part XIII of this Act, have the same force and effect as if it had been lawfully executed by the corporate body, or by all of the owners or their trustees, and as if these owners or trustees had been fully competent in that behalf. Any such memorandum so executed shall have the effect of amending or varying, according to its tenor, the terms of the lease, and may be registered by the District Land Registrar.
290 Authorizing execution by Maori Land Board of renewed leases.
1926, No. 64, s. 6 1927, No. 67, s. 27
(1)
If and whenever any lessee under any lease of Native freehold land (whether granted before or after the coming into operation of this Act) is entitled to a legal or equitable right to claim a renewal of such lease, the person entitled to such renewed lease, or any person claiming through or under him, may apply to the Maori Land Board to execute as the agent of the owner a new lease in accordance with the provisions of the lease in that behalf.
(2)
If the Board resolves to execute such new lease it shall thereupon become, without further authority, the agent of the owner for the time being to execute in the name of the Board an instrument of alienation by way of lease, and the owner shall not be competent to revoke the authority of the Board in that behalf.
(3)
Every such instrument of alienation may contain all such terms, conditions, and provisions as are agreed upon between the Board and the other parties to the instrument other than the owner, as well as such conditions, not being repugnant to the prior lease, as the Board may impose.
(4)
Every instrument of alienation executed by the Board as the agent of the owner in accordance with the foregoing provision shall, without confirmation under Part XIII of this Act, have the same force and effect, and may be registered in like manner, as if it had been lawfully executed by all the owners or their trustees, and as if those owners or trustees had been fully competent in that behalf.
(5)
The instrument so executed by the Board shall contain a statement or recital that the Board is duly authorized to execute the same as the agent of the owner under this section, and any such statement or recital shall be accepted by the District Land Registrar and all Courts as sufficient prima facie evidence of the facts so stated or recited, and except as against any person guilty of fraud no such instrument of alienation executed by the Board shall be invalidated by any breach or non-observance of the provisions of this section prior to the execution of the instrument by the Board.
(6)
The Board in acting as such agent as aforesaid may deal with any part of the land, or with any one or more interests in the land. Where two or more lessees are entitled to leases of certain interests in land the Board may allot the portion to which each lessee is to be deemed entitled, and grant the lease as from all the owners of the portion allotted. Where in such cases the covenants vary in their terms, whether as to payment of rent or otherwise, the Board shall have power to recast such terms and to make such terms as uniform as possible.
(7)
Where in any lease referred to in subsection one hereof it is provided that it shall be necessary for the purpose of fixing compensation or securing a renewal of such lease to give or serve any notice upon the lessor, it shall be a sufficient compliance with such covenant if the notice is served upon the Board as agent of the owner. Where it is necessary in terms of the lease for the lessor to appoint a valuer or arbitrator, such valuer or arbitrator may be appointed by the Board, and shall be as competent to act as if he had been personally appointed by the lessor in that behalf. Before making any such appointment the Board may require the lessee to deposit a sum sufficient to defray the cost of such valuer or arbitrator.
(8)
There shall be payable to the Board for any proceedings under this section such fees as may be prescribed by regulation.
(9)
If and whenever any lease referred to in subsection one hereof has not been executed by all the owners of the land purported to be leased, the following provisions shall apply: —
(a)
The Board may cause notice to be given, in such manner as it thinks fit, to those owners who have not executed the lease that the lessee has applied for a new or renewed lease to include (if approved by the Board) the interests of all the Native owners of the said land.
(b)
If within a reasonable time after such notice has been given the owners who have not signed the lease make no objection to their interests being included in a new or renewed lease, or if, having made objection, the Board is of opinion that such objection should not prevail, the Board may, as agent as aforesaid, grant the new lease in respect of the interests of all the owners, subject to such reservation of any portion of the land as it shall deem necessary or expedient.
(c)
The Board shall not exercise the discretion hereby given to it in the case of the interest of any owner or non-lessor who at the time application is made for a new or renewed lease is in actual occupation of any part of the land described in such lease, unless such owner consents thereto, nor in any case where a majority in value of the owners has not executed the lease.
(10)
Notwithstanding that any area of land referred to in a lease is set apart as a reserve for the use or occupation of the Native lessors, or is otherwise excluded from the operation of the original lease, the Board may, in granting any new lease, if in its opinion the necessity for such reservation or exclusion has ceased to exist, omit any reference to any such reservation, or may include in the new lease the land so excluded from the original lease upon such terms as it thinks just.
(11)
Where a lessee holds two or more leases of several undivided interests in the same land, the Board may grant a new lease consolidating such leases notwithstanding the time for renewal of any one or more of them may not then have arrived; and where the covenants vary in their terms, whether as to payment of rent or otherwise, the Board shall have power to recast such terms so as to make such terms uniform.
291 Board may appoint valuer or arbitrator.
1930, No. 29, s. 3
If any lease confirmed by the Board or Court or executed by the Board as agent of the Native owners contains any provision for the appointment by the lessor of a valuer, arbitrator, or umpire for any purpose connected with the lease, the Board may by order from time to time appoint any person to be a valuer or arbitrator or umpire on behalf of the lessor, as the case may require, and the person so appointed shall be as competent to act and bind the lessor as if he had been personally appointed by the lessor in that behalf. The Board may impose a condition that the lessee deposit a sum sufficient to defray the cost and charges of the person named in such order as valuer, arbitrator, or umpire, and the Board may direct that the deposit or any part thereof be disposed of as it thinks expedient.
292 Allocation of rents for special purposes.
1922, No. 48, s. 9
(1)
Where the Court is satisfied after inquiry that it is desired by the majority in value of the Native owners of any block of land under lease that the rents or any part thereof should be set aside as a fund for assisting any religious, charitable, or educational purpose or such other purpose as the owners may desire and the Native Minister may approve, the Court may, on the application of any person interested, make an order allotting the whole or a portion of the rents accordingly, and direct to whom the rent so allotted shall be paid, and payment to such person shall be a discharge pro tanto to the lessee for the amount of the rent so paid.
(2)
If default is made in payment of the amount of the rent so allotted, the person or corporate body to which it is made payable may recover the same from the lessee as a debt, and such recovery shall be without prejudice to the lessor’s rights to proceed under any breach of the covenants contained in the lease.
(3)
Any such order made as aforesaid shall be an authority to the Maori Land Board to pay as directed by the order any rents received by it as trustee or agent for the beneficial owners.
293 Maori Land Board may accept surrender of lease.
1927, No. 67, s. 13 1929, No. 19, s. 20
(1)
If and whenever the lessee holding under a lease of Native freehold land executed by Natives desires to surrender such lease, he may apply to the Court for an order directing the Maori Land Board to execute and accept for and on behalf of the Native lessors a surrender of the said lease either wholly or in part, and the Court may, after due inquiry, make an order accordingly, and may impose therein such conditions as it thinks fair and just under the circumstances.
(2)
The Board acting under an order made as aforesaid may, as the agent of the lessors, execute and accept a surrender of the lease referred to in such order, and such surrender upon execution by the Board shall, without confirmation under Part XIII of this Act, have the same force and effect and may be registered in like manner as if it had been lawfully executed by all the Native lessors or their trustees, and as if those lessors and trustees had been fully competent in that behalf.
(3)
This section shall extend and apply to leases executed by a Maori Land Board or by a body corporate under Part XVII of this Act, and no action or other proceeding for breach of trust shall lie against the Board for or in relation to any act done by the Board by direction of the Court.
294 Enforcement of contract on behalf of Natives.
1922, No. 48, s. 26
(1)
For the purpose of recovering any rent or other proceeds derivable from the alienation of any Native freehold land and for the purpose of compelling the performance of the covenants and conditions in any memorandum of lease of Native land, the Maori Land Board of the district may (after notice to the lessee or other person by whom the money is payable either personally or by letter to his last known address), at its discretion, exercise, either in its own name or the names of the lessors or other persons entitled to the proceeds of the alienation, all rights of action, distress, re-entry, or otherwise in as ample a manner as if it were the actual owner of the fee-simple and as such had executed the instrument of alienation.
(2)
The Board may, before exercising any powers under this section, require that all costs shall be either paid to it or guaranteed by such person or in such manner as the Board may approve.
(3)
The fact that some of the owners object to the Board exercising the powers, or that some of them have been paid or partly paid, or that some are dead, or that successors have not been appointed, or that, if appointed, the order has not been registered, shall not be a bar to the Board exercising its powers hereunder.
(4)
No act of any individual owner after notice to the lessee by the Board that it is proposed to act under this section shall operate as a waiver or prejudice in any way the right of the Board to take proceedings hereunder.
295 Extended meaning of term “lease”
.
1909, No. 15, s. 229
(1)
In this Part of this Act the term “lease”
shall be read as including any license, grant, or other alienation conferring upon any person a right at law or in equity to the use or occupation of Native land for any purpose, or to enter thereon for the purpose of removing therefrom timber, minerals, flax, or any other valuable thing attached to or forming part thereof, whether that alienation confers a right of exclusive possession or not.
(2)
The terms “lessor”
, “lessee”
, and “rent”
shall be construed in accordance with this extended meaning of the term “lease”
.
Mortgages
296 Mortgages of Native land to be approved by Native Minister.
Ibid., s. 230 1929, No. 19, s. 7
No instrument of alienation of Native land by way of mortgage or charge, other than a mortgage or charge in favour of a State Loan Department, shall be confirmed by a Board without the precedent consent of the Native Minister.
297 Mortgages to State Loan Department not to require confirmation.
1909, No. 15, s. 231
No mortgage or charge of Native land in favour of a State Loan Department shall require confirmation; but confirmation of the same may be applied for and granted, and if granted shall have the same effect, as in the case of alienations requiring confirmation.
Native Reservations
298 Governor-General in Council may set apart Native land as a Native reservation for common use by the owners thereof.
Ibid., s. 232 1912, No. 34, s. 9 1920, No. 21, s. 26
(1)
When any Native freehold land is owned at law or in equity by more than ten owners in common, the Governor-General may by Order in Council set apart and reserve any part of that land for the common use of the owners thereof as a burial-ground, fishing-ground, village, landing-place, place of historical or scenic interest, spring, well, or other source of water-supply, meeting-place, timber reserve, church-site, building-site, recreation-ground, bathing-place, or for the common use of the owners thereof in any other manner.
(2)
The provisions of this section shall apply and extend to any Native freehold land which is owned at law or in equity by not more than ten owners if there is situated on the land a church, or meetinghouse, or other public building which in the opinion of the Court or Board is tribal or communal property.
(3)
Any portion of Native land so set apart and reserved is in this Act referred to as a Native reservation.
(4)
Native land may be so set apart as a Native reservation although vested in a Board, or in the Native Trustee, or in an incorporated body of owners, or in any other trustees for the Native owners, and notwithstanding the provisions of any Part of this Act as to the disposition or administration of that land.
(5)
No land shall be so set apart as a Native reservation except—
(a)
On the recommendation of the Board of the district in which it is situated; or
(b)
On the recommendation of the Court or Appellate Court.
(6)
An Order in Council made under this section may be at any time revoked by Order in Council, or may at any time be varied in like manner whether as to the boundaries of the land included in the reservation or as to the purposes thereof; but no such revocation or variation shall take place except on the recommendation of the Board of the district in which the land affected thereby is situated, or on the recommendation of the Court or Appellate Court.
(7)
Land included in a Native reservation shall be inalienable, whether to the Crown or to any other person, and whether by the beneficial owners themselves, or by any Board, or other body corporate or person in whom the land or any share therein is vested.
(8)
No Order in Council under this section shall affect any lease, license, charge, or other encumbrance to which the land is subject.
(9)
The Governor-General may from time to time, by Order in Council, make such regulations as he thinks fit as to the management and control of any Native reservation, whether by the Native owners, or by a Maori Council, Maori Land Board, or other authority, and as to the use thereof by the owners; and may in like manner impose fines not exceeding twenty pounds for any breach of those regulations.
(10)
Any Native reservation may, by the Order in Council by which it is constituted or by any subsequent Order in Council, be vested in a Board, or in the Native Trustee, or in any other body corporate or trustees on trust to hold and administer the same for the benefit of the beneficial owners thereof, in accordance with the regulations for the time being governing the same.
Part XIV Native Land for European Settlement
Vesting of Land in Maori Land Board
299 Land subject to Part XIV of the Native Land Act, 1909, to be subject to this Part of this Act.
1909, No. 15, s. 233
(1)
All Native land which at the commencement of this Act is subject to Part XIV of the Native Land Act, 1909, shall be subject to this Part of this Act.
(2)
All Orders in Council, leases, contracts, and generally all acts of authority referring to land under Part XIV of the Native Land Act, 1909, which are subsisting or in force on the commencement of this Act, shall enure for the purposes of this Part of this Act as fully and effectually as if they had originated under the corresponding provisions of this Part of this Act, and accordingly shall, where necessary, be deemed to have so originated.
(3)
Every Order in Council purporting to be made under the authority of this Part of this Act, or under the authority of Part I of the Native Land Settlement Act, 1907, or Part XIV of the Native Land Act, 1909, shall be conclusive proof that all conditions precedent to the making of that Order have been duly observed and fulfilled, and the validity of any such Order shall not be questioned in any Court.
300 Land under this Part of this Act to vest in Maori Land Board.
1909, No. 15, s. 236
All land which is subject to this Part of this Act shall, without conveyance or transfer, be or become vested in the Maori Land Board of the district in which it is situated for a legal estate in fee-simple.
301 To be held in trust for Native owners.
Ibid., s. 237
The land so vested in a Board shall be held by the Board in trust for the owners beneficially entitled thereto, in accordance with their respective interests.
302 Vesting of land in Board not to affect existing interests.
Ibid., s. 238 1913, No. 58, s. 128
(1)
The vesting of any such land in the Board shall not affect any valid lease, mortgage, charge, or encumbrance to which the land is subject at the date of that vesting, or the right of any person to enforce any valid contract made with respect to the land before it became so vested, or to obtain confirmation of any alienation under an instrument of alienation theretofore executed.
(2)
Any alienation of Native freehold land executed by the Native owners thereof and confirmed by the Court or by a Board may be registered against the title to such land notwithstanding that before such registration the land may have become vested in a Board. Such alienation, when registered, shall be effective for all purposes of title according to the tenor of the alienation as if the same had been executed by the Board in which the land is vested.
303 Land to be subdivided into allotments, and roaded.
1909, No. 15, s. 240 1922, No. 48, s. 2
(1)
Every Board shall, when necessary, cause all land vested in it under this Part of this Act to be surveyed in accordance with Part XXI of this Act, and subdivided into allotments of such areas as the Board, with the approval of the Native Minister, thinks suitable for the purposes of settlement.
(2)
In making any such subdivision the Board shall lay off all such road-lines upon the land as are in the opinion of the Board required for the settlement thereof.
(3)
All road-lines so laid off, whether before or after the commencement of this Act, may be proclaimed as roads by the Governor-General by a Proclamation gazetted, and shall thereupon become public highways accordingly.
(4)
At any time before the making of a Proclamation in respect thereof, any such road-line so laid off by a Board may be cancelled or altered by the Board. Such power may be exercised notwithstanding the prior execution or registration of an instrument of alienation executed by the Board.
(5)
No allotment shall be offered by the Board for sale or lease under the provisions hereinafter contained until all roads which the Governor-Genera] deems necessary for the proper use and occupation of that allotment have been proclaimed by him under this section.
304 Duty of Board to form and construct all necessary roads and bridges.
1909, No. 15, s. 241
(1)
It shall be the duty of every Board to form and construct in a proper and efficient manner, so as to be suitable for ordinary traffic at all seasons, all roads which have been proclaimed under the foregoing provisions of this Part of this Act over land vested in the Board, together with all bridges required for the purposes of any such roads.
(2)
All such roads and bridges shall be so formed and constructed as soon as the Board deems them necessary for the purposes of settlement, but not later in any case than five years after the date on which those roads were so proclaimed.
305 Purchasers and lessees to make statutory declarations of qualification under Part XII of this Act.
1909, No. 15, s. 243
Every purchaser or lessee from a Board of land subject to this Part of this Act shall, before executing the contract of sale or the lease, make in the prescribed form or to the like effect, and in the prescribed manner, a statutory declaration (hereinafter called a declaration of qualification) that he was, on the day of the sale or of the making of the agreement of lease, as the case may be, legally qualified under Part XII of this Act to become the purchaser or lessee of the land, and that he is acquiring the land solely for his own use and benefit, and not directly or indirectly for the use or benefit of any other person.
Sales
306 Land to be sold by public auction or public tender.
Ibid., s. 244
(1)
All land set apart for sale under the authority of this Part of this Act shall be sold by the Board by public auction or public tender after public notification in the prescribed manner of the intention to offer the same for sale.
(2)
Subject to any restrictions or qualifications prescribed by this Part of this Act, or by any regulations, all land so offered for sale shall be sold to the highest qualified bidder or tenderer.
(3)
The Board in offering the same for sale shall fix an upset price, and no land shall be sold below the price so fixed.
(4)
If any allotment so offered for sale is not sold, the Board may, at any time thereafter, sell the same by private contract to any qualified purchaser at a price not less than the upset price so fixed.
(5)
If any allotment is not so sold by private contract the Board may, at any time after the expiry of three months from the day on which the same was offered for sale by auction, or from the last day on which tenders for the purchase thereof were receivable, again offer the same for sale by public auction or public tender, in accordance with the foregoing provisions, either at the same or at any other upset price which the Board thinks fit, and so on from time to time as may be necessary.
(6)
Any such sale by public auction may be effected by the Board through the agency of any member, servant, officer, or agent thereof, anything to the contrary in the Auctioneers Act, 1928, notwithstanding.
(7)
When land is offered for sale by public tender, the Board may require every tenderer to deposit with the Board along with his tender such proportion of the amount of that tender or of the upset price as the Board thinks fit, not exceeding five per centum thereof, and may refuse to accept any tender made without such deposit. On the acceptance of a tender the amount so deposited shall be deemed to have been paid as part of the purchase-money payable under the next succeeding section.
307 Purchaser to pay deposit.
Ibid., s. 245
(1)
The purchaser of any such land, whether in the case of a sale by public auction or tender or in the case of a sale by private contract, shall forthwith after the sale pay to the Board a sum equal to ten per centum of the purchase-money.
(2)
On default in making this payment the contract may be forthwith cancelled by the Board, and the land may, at the discretion of the Board, be sold to the next highest qualified bidder or tenderer (if any), or may at any time thereafter be again offered for sale by public auction or public tender.
308 Board may cancel sale on failure of purchaser to execute contract.
1909, No. 15, s. 246
(1)
If the purchaser makes default in executing a written contract of sale in the prescribed form, and making a declaration of qualification, within thirty days after the date of the sale, the Board may cancel the sale, and may deal with the land in manner provided in the last preceding section.
(2)
On any cancellation of the sale under this or the last preceding section the Board may forfeit the purchase-money already paid by the purchaser, or such part thereof (if any) as the Board thinks fit.
(3)
All money so forfeited shall be disposed of by the Board in paying the expenses incurred by the Board by reason of the default so made by the purchaser, and the residue (if any) shall be dealt with as if it was purchase-money received for the sale of the land.
309 Purchase-money payable by instalments.
Ibid., s. 247
The residue of the purchase-money, after deducting the deposit of ten per centum thereof so made as aforesaid, shall be payable at such times and by such instalments as are fixed by the Board in the notification of sale; but the purchase-money shall in all cases be fully paid within the period of ten years after the date on which the first payment of interest becomes payable under the provisions hereinafter contained.
310 Purchaser entitled to possession.
Ibid., s. 248
On the execution by the Board of the contract of sale, the purchaser shall be entitled to the possession of the land so sold, and to retain possession thereof so long as the contract remains in force.
311 Interest on unpaid purchase-money.
Ibid., s. 249
The purchaser shall pay interest at the rate of five per centum per annum on all purchase-money for the time being unpaid. The interest shall be payable by half-yearly payments on the first day of January and the first day of July in every year. On the next first day of January or first day of July (whichever first occurs) succeeding the date of the execution of the contract by the Board the purchaser shall pay interest at the rate aforesaid for the period which has elapsed since the said date.
312 Compulsory residence by purchaser.
Ibid., s. 250
(1)
Subject to the provisions of this section, the purchaser or the person entitled for the time being to the possession of the land shall at all times reside continuously thereon until the land has been transferred by the Board in fee-simple in pursuance of the contract of sale.
(2)
Such residence shall commence in the case of bush land or swamp land within four years, and in open or partly open land within two years, after the execution of the contract of sale by the Board.
(3)
The Native Minister, on the recommendation of the Board, in any case in which this condition of continuous residence is deemed impracticable or inexpedient, may grant a complete or partial exemption therefrom.
(4)
This requirement of residence shall not apply to any person who has acquired an interest in the contract of sale under a will or intestacy.
313 Improvements to be effected by purchaser.
Ibid., s. 251
(1)
Every purchaser shall put upon the land substantial improvements of a permanent nature within the meaning of the Land Act, 1924, or any amendment thereof for the time being in force, to the extent specified in this section.
(2)
The improvements so put by him upon the land must amount—
(a)
Within one year after the date of the contract, to ten per centum of the price of the land;
(b)
Within two years after the said date, to twenty per centum of the price of the land; and
(c)
Within five years after the said date, to thirty per centum of the price of the land.
(3)
Every purchaser shall at any time and from time to time, when so required by the Board, make a statutory declaration (which shall be exempt from stamp duty) as to his fulfilment of the requirements of this section up to the time of making the declaration.
(4)
In any special case where, having regard to the nature or situation of the land, or to the extent to which it was already improved at the date of the contract, the Board is of opinion that it would be unreasonable to require the purchaser to comply fully with the requirements of this section, the Board may modify those requirements to such extent as, with the approval in writing of the Native Minister, it thinks fit.
314 Purchaser not to commit waste.
1909, No. 15, s. 252
Without the consent of the Board, a purchaser or any person claiming under him shall not be entitled, at any time before the land has been transferred by the Board, to commit any waste of the land or to do any other act whereby the value of the land may be diminished.
315 Power of Board to cancel sale on default of purchaser in performance of his contract.
Ibid., s. 253.
(1)
If the purchaser at any time makes default for three months in the payment of any principal or interest due by him, or if he fails to observe and perform any of the requirements of this Part of this Act, or any of the other terms, covenants, or conditions of the contract of sale, the Board may give to the purchaser, or send to him by registered letter addressed to his last known place of business or abode, a notice in writing specifying the default or failure complained of, and stating the intention of the Board to cancel the contract of sale; and on the expiration of one month after the notice was so given or sent the Board may, without any other notice whatever, cancel the contract of sale, and all purchase-money and interest theretofore paid by the purchaser shall be forfeited.
(2)
When a contract of sale has been so cancelled, the land may be resold by the Board in the same manner as upon an original sale thereof; and all the provisions of this Part of this Act shall apply to any purchaser on the resale accordingly.
(3)
All moneys forfeited under this section shall be dealt with by the Board in the same manner as if no such cancellation had taken place.
(4)
The Supreme Court may, under its statutory powers in that behalf, grant relief against any such cancellation and forfeiture in the same manner as in the case of re-entry for breach of the covenants of a lease.
316 Compensation for improvements on forfeiture of contract.
1914, No. 63, s. 10
In the case of a contract for sale being determined by reason of default on the part of the purchaser, then, in case the purchaser shall have executed improvements on the said land or shall have paid for any improvements executed by a former occupant, the following provisions shall apply: —
(a)
The land shall be again offered for sale by the Board on terms (other than price) similar to those contained in the former contract, subject as hereinafter provided.
(b)
All such improvements as aforesaid shall be valued before such land shall be offered for sale, and the conditions of sale shall specify what part of the upset price represents the value of such improvements.
(c)
It shall be a term of such sale that the new purchaser shall, before or at the time of his obtaining from the Board a contract evidencing the sale to him, pay to the Board in cash the amount at which the said improvements are valued.
(d)
The amount so paid to the Board shall be paid by such Board to the former purchaser whose interest under the contract has been determined for default, or, in case such former purchaser shall have mortgaged or charged his interest under the contract which has been determined, such sum or so much thereof as shall be necessary to discharge such mortgage or charge shall be paid to the mortgagee and the balance (if any) to the former purchaser.
(e)
Any effective mortgage or charge of the interest of a purchaser under a contract for sale hereunder (whether executed before or after the passing of this Act) shall be construed as conferring the right to payment for improvements under the foregoing provisions in case such contract shall be determined for default.
(f)
The term “purchaser”
in this section shall mean the assigns of such purchaser where the contract for sale determined for default is at the time of such determination held by a person claiming through or under the original purchaser named in such contract.
317 Purchaser entitled to transfer of the fee-simple after five years.
1909, No. 15, s. 254
At any time after the expiry of five years from the date of the contract, and while the contract is still in force, the purchaser shall be entitled, if he has paid the whole of the purchase-money, together with interest up to the date of payment, to a transfer of the fee-simple of the land.
318 Form and terms of contract.
Ibid., s. 255
(1)
Every contract of sale under this Part of this Act shall be in such form and shall be executed in such manner as is prescribed, and may contain any such terms, covenants, and conditions (consistent with this Act) as may be authorized by regulations.
(2)
Every contract of sale shall bear date as of the day on which it is executed by the Board.
319 Board may receive purchase-money not yet due.
Ibid., s. 256
The Board may at any time, if it thinks fit, accept from the purchaser payment of the whole or any part of the purchase-money of the land, although not yet due; but no such payment shall entitle the purchaser to a transfer of the land, or relieve him from the requirements of this Part of this Act as to residence, improvements, or otherwise, until the expiry of five years from the date of the contract.
320 Lands vested in Maori Land Boards may be sold to private persons.
1929, No. 19, s. 12
(1)
Notwithstanding the foregoing provisions or any other provision to the contrary, a Board may, with the precedent consent in writing of a majority in value of the beneficial owners, or of their trustees in the case of owners under disability, or in pursuance of a resolution of the assembled owners under Part XVIII of this Act, sell to any person any land vested in the Board under this Part or Part XV of this Act, including any land that may have been set aside for leasing, and whether or not such land has in fact actually been leased by the Board.
(2)
Any such sale may be subject to such terms and conditions as to payment and otherwise as the Board shall determine, and may be effected by way of private contract, public auction, or public tender.
(3)
When any such sale is effected in pursuance of a resolution of the assembled owners, all the provisions of Part XVIII of this Act shall apply thereto with all necessary modifications.
(4)
No sale effected under this section shall be of any validity unless and until it has been consented to by the Native Minister.
Leases
321 Land to be leased by public auction or public tender.
1909, No. 15, s. 257
(1)
All land set apart for leasing under this Part of this Act shall be leased by the Board by public auction or public tender after public notification in manner prescribed of the intention to offer the same for lease.
(2)
Subject to any restrictions or qualifications imposed by this Act or by regulations, all such land shall be leased to the highest qualified bidder or tenderer.
(3)
Before offering any such land for lease the Board shall fix an upset rental to be approved by the Native Minister, and no land shall be leased at a lower rental than that so fixed.
(4)
When land is offered for lease by public tender, the Board may require every tenderer to deposit with the Board along with his tender such proportion of the annual rent so tendered by him or of the upset annual rental as the Board thinks fit, not exceeding one-half thereof, and may refuse to accept any tender made without such deposit. On the acceptance of a tender the amount so deposited shall be deemed to have been paid on account of the rent payable under section three hundred and twenty-four of this Act.
322 Board may lease by private contract in certain cases.
Ibid., s. 258
(1)
If in the case of any allotment so offered for lease no agreement for the lease thereof is made, the Board may at any time thereafter agree by private contract to lease that allotment to any qualified person at a rental not less than the upset rental so fixed, and for the same term and on the same covenants and conditions as in the case of the original offer.
(2)
If no such private contract is entered into the Board may, at any time after the expiry of three months from the day on which the land was offered at public auction or from the last day on which tenders for the lease thereof were receivable, again offer the allotment for lease by public auction or public tender, in accordance with the foregoing provisions, either at the same or at any other upset rental which the Board thinks fit, and either for the same term and on the same covenants and conditions or for any other term and on any other covenants and conditions permitted by this Act; and all the provisions of this Act shall apply to any such subsequent offer in the same manner as to the former offer.
323 Auctioneers Act, 1928, not to apply.
Ibid., s. 259
Any such lease by public auction may be effected by the Board through the agency of any member, servant, officer, or agent thereof, anything to the contrary in the Auctioneers Act, 1928, notwithstanding.
324 Lessee to make deposit.
Ibid., s. 260
(1)
Every lessee, whether in the case of public auction or tender or in the case of private contract, shall forthwith on the making of the agreement of lease pay to the Board a sum equal to six months’ rent of the land.
(2)
On default in making this payment, the agreement of lease may be forthwith cancelled by the Board; and the Board may, at its option, either accept the bid or tender of the next highest qualified bidder or tenderer (if any), or may at any time thereafter again offer the land for lease by public auction or public tender.
325 Board may cancel contract on default of lessee in executing lease.
1909, No. 15, s. 261
(1)
If the lessee makes default in executing an instrument of lease and making a declaration of qualification in accordance with this Act within thirty days after the making of the agreement of lease, the Board may cancel the agreement of lease, and may deal with the land in manner provided by the last preceding section.
(2)
On any cancellation of the agreement under this or the last preceding section the Board may forfeit the rent already paid by the lessee, or such part thereof as the Board thinks fit.
(3)
Any rent so forfeited shall be disposed of by the Board in paying all expenses incurred by it in consequence of the default so made by the lessee, and the residue (if any) shall be disposed of in like manner as rent paid after the execution of a lease.
(4)
Any rent so paid before the execution of a lease shall, after the execution thereof, be credited to the lessee on account of the rent accruing due by the lessee as from the date of the commencement of the term.
326 Term of lease.
Ibid., s. 262
All such land may be leased for any term which the Board thinks fit, with or without a right of renewal; but every such lease and every renewal thereof shall terminate not later than fifty years after the twenty-fifth day of November, nineteen hundred and seven, being the date of the coming into operation of the Native Land Settlement Act, 1907.
327 Right of compensation for improvements.
Ibid., s. 263
(1)
Every such lease the term whereof (including the term of any renewal thereof under a right of renewal) is not less than ten years shall confer upon the lessee a right to compensation, on the termination of the lease or of any such renewed lease by effluxion of time, for all substantial improvements of a permanent character (as defined by the Land Act, 1924, or any other Act amending or substituted therefor and in force at the time when the improvements were effected) which are put upon the land during the continuance of the said term and are unexhausted on the termination thereof.
(2)
The amount of compensation so payable shall be determined in manner provided by the lease.
(3)
The compensation so payable shall not be recoverable from the Board as a debt, but shall constitute a charge on the land demised and upon all revenues received therefrom by the Board after the termination of the lease and of any renewal thereof.
(4)
Any such charge shall be enforceable by the Native Land Court by the appointment of a receiver in the same manner as in the case of a charge imposed by an order of that Court under this Act.
(5)
For the purpose of providing a fund for satisfying any such charge the Board shall from time to time during the currency of the lease and of any renewal thereof set aside, out of the revenues received from the land, such sum as the Native Minister from time to time directs.
(6)
Moneys so set aside shall be invested, together with the interest arising from such investment, in manner prescribed, and shall at the expiration of the lease and of every renewal thereof be applied in payment of the amount of compensation payable under this section.
(7)
If the amount so set aside, together with the accumulations of interest thereon, exceeds the amount of compensation so payable, the excess shall be paid by the Board to the persons then entitled to the revenues of the land.
328 Improvements to be recorded by the Board.
1909, No. 15, s. 264
(1)
When the lessee of land subject to this Part of this Act makes or proposes to make any such improvements as aforesaid on the land, he shall be entitled on application to the Board to have particulars of the nature of those improvements, and of the state and condition of the land before the making of those improvements, recorded by the Board in manner prescribed.
(2)
Every such record shall be permanently preserved by the Board, and shall at all times be receivable as sufficient evidence of the facts so recorded in all matters and proceedings touching the value of improvements made on the land.
329 Board may require lessee to purchase improvements existing at commencement of lease.
Ibid., s. 265.
(1)
When any allotment is offered for lease on such terms that the lessee will be entitled to compensation for improvements in accordance with the foregoing provisions, the Board may, if it thinks fit, cause all or any of the substantial improvements of a permanent character, as hereinbefore defined, which are in existence at the date of the offer to be valued in such manner as the Board thinks fit, and may offer the land for lease in manner aforesaid on the terms that the lessee shall before the execution of the lease pay to the Board the value of those improvements as so determined, or shall upon the execution of the lease give security to the Board, by way of mortgage of the lease, for the payment of the said value, together with interest thereon at five per centum per annum, at such time or times as the Board thinks fit.
(2)
In any such case the improvements so purchased by the lessee shall be deemed to be improvements put upon the land by him during the continuance of the lease, and he shall be entitled to compensation therefor accordingly.
330 Form and conditions of lease.
Ibid., s. 266
(1)
Every lease granted under this Part of this Act shall be in the form prescribed, or in such one of the forms prescribed as the Board thinks fit, and may contain such terms, covenants, and conditions (consistent with this Act) as are authorized by regulations.
(2)
Every such lease shall be dated as of the day of the execution thereof by the Board.
331 Board may lease to landless Natives by private contract.
Ibid., s. 267
(1)
When any allotment has been set apart for leasing under this Part of this Act the Board may, if it thinks fit, instead of offering the same for lease by public auction or public tender under the foregoing provisions, lease the same by private contract, at such rental as the Board thinks just and reasonable, to any Native who in the opinion of the Board is landless within the meaning of this Act.
(2)
All the provisions of this Part of this Act as to leases granted by way of public contract or tender shall, so far as applicable, apply to a lease granted under this section.
332 Board may grant substituted lease.
1922, No. 48, s. 16
(1)
A Board may, at its discretion, grant to any lessee or sublessee of land vested in such Board a new lease or leases of the whole or any part of the land comprised in the original lease for the residue of the term created by such last-mentioned lease, and may for that purpose accept a surrender or partial surrender of the former lease.
(2)
This section shall also apply where only a contract for the head lease has been entered into.
333 Land may in certain cases be leased by private contract.
1929, No. 19, s. 9
The Board in which any land subject to this Part of this Act is vested may, with the consent of the Native Minister, and notwithstanding anything to the contrary in this Part, agree by private contract to lease such land or any part thereof to any qualified person at such rent and upon such terms and conditions as it thinks fit, and may grant any such lease accordingly.
Transfers and Subleases
334 Restrictions on power of purchaser or lessee to dispose of his interest.
1909, No. 15, s. 268
(1)
A purchaser or lessee of land under this Part of this Act shall not be capable of assigning his interest in the land or any part thereof, or the benefit of his contract of purchase, or of letting or subletting the land or any part thereof, until he has resided continuously thereon for a period not less than one year, nor, except with the precedent permission of the Board, at any time thereafter:
Provided that where by reason of special circumstances an assignment, lease, or sublease becomes in the opinion of the Board desirable, an assignment, lease, or sublease may be permitted although no such residence has taken place.
(2)
Before the consent of the Board is given to any such assignment, lease, or sublease the assignee, lessee, or sublessee shall make and deliver to the Board a statutory declaration that he is then legally qualified under Part XII of this Act to accept the assignment, lease, or sublease, as the case may be.
(3)
Every assignment of any such lease or contract of purchase shall be in writing executed both by the assignor and the assignee.
(4)
Every assignment of any such lease or contract of purchase shall transfer from the assignor to the assignee all liability in respect of any moneys accruing due under the lease or contract after the date of the execution of the assignment, and in respect of the observance and performance of the terms, covenants, and conditions of the lease or contract after that date.
(5)
Nothing in this section shall apply to any assignment or sublease by way of mortgage, or to a disposition by will or by operation of law, or to the exercise of a power of sale by a mortgagee.
(6)
This section shall extend and apply to an assignment, lease, or sublease by any person claiming through or under the original purchaser or lessee; but in any such case, in computing the necessary period of residence, there shall be taken into account the period of the residence of any person through or under whom the assignee, lessee, or sublessee claims.
335 Dispositions on the death of purchaser or lessee.
Ibid., s. 269
On the death of the lessee or purchaser of any land under this Part of this Act, or on the death of any person claiming through or under the lessee or purchaser, the consent of the Board shall not be necessary for any assignment made by the executor or administrator of the deceased to a beneficiary under the will or intestacy, nor shall the requirement of the last preceding section as to residence apply so as to prevent any such assignment.
336 Compulsory residence on death of purchaser or lessee.
Ibid., s. 270
The executor, administrator, or trustee of a deceased lessee or purchaser may continue to hold the land in trust for the persons beneficially entitled thereto under the will or intestacy of the deceased, and the conditions as to residence may be fulfilled by the persons so beneficially entitled, or by any of them, or, during the minority of any such beneficiary, by any suitable person appointed in that behalf by the executor, administrator, or trustee.
337 Board may transfer lease or contract of sale in certain cases on death of lessee or purchaser.
1909, No. 15, s. 271
If no grant of probate or letters of administration is made within six months after the death of the lessee or purchaser, and the Board is of opinion that the lease or contract is of so small a value that it is expedient to exercise the powers conferred by this section, the Board may either sell the lease or contract, and execute in the name of the Board a transfer thereof to any qualified person, and receive the purchase-money on account of the persons entitled thereto, or may execute in the name of the Board a transfer of the lease or contract to the persons entitled thereto under the will or intestacy of the deceased, or to any one or more of them in trust for all; and any such transfer may be registered under the Land Transfer Act, 1915.
Registration of Titles
338 Board to be registered as proprietor of land subject to this Part of this Act.
Ibid., s. 272
(1)
Whenever any land is subject to this Part of this Act by virtue of any Order in Council, the District Land Registrar of the district in which the land or any part thereof is situated shall, on the deposit of a copy of the Order in Council certified under the hand of the Under-Secretary of the Native Department, register the Board of the district in which the land or that part thereof is situated as the registered proprietor thereof under the Land Transfer Act, 1915, and issue a certificate of title to the Board accordingly.
(2)
On every such certificate of title there shall be written a statement that it is issued under the authority of this Part of this Act and is subject to the provisions thereof.
(3)
The District Land Registrar shall at the same time cancel any other certificate of title or folium of the Provisional Register then existing in respect of that land, and shall transfer to the certificate so issued to the Board all entries and memorials which are contained in any certificate or folium so cancelled and which affect the title of the Board, other than entries and memorials as to the interests of the equitable owners.
(4)
This section shall extend and apply, so far as applicable, to any land which, when it becomes subject to this Part of this Act, is not already subject to the Land Transfer Act, 1915, and all such land shall thereupon become subject to the last-mentioned Act accordingly. In any such case the provisions of section fifty-four of the Land Transfer Act, 1915 (relating to outstanding interests), shall, so far as applicable, apply in the same manner as if the land had been brought under that Act on the application of the owners thereof.
339 Title of purchaser may be registered.
Ibid., s. 273
(1)
Notwithstanding anything to the contrary contained in the Land Transfer Act, 1915, a contract of sale executed under the authority of this Part of this Act may be registered against the title of the Board in the same manner, subject to any prescribed modifications, as a lease is so registered.
(2)
All transfers, transmissions, and other dispositions of any contract of sale so registered may be registered in the same manner, subject to any prescribed modifications, as a similar disposition of a registered lease.
(3)
The registration of any such contract of sale, or of any assignment or other disposition thereof, shall have the same effect in conferring priority of title as against any unregistered right, title, or interest as if it were the registration of a transfer or other disposition of the legal estate in the land.
(4)
The same fees shall be payable on any such registration as upon the registration of a memorandum of transfer.
(5)
No such registration shall be necessary for the validity, either at law or in equity, of any such contract of sale or of any disposition thereof.
(6)
The Governor-Genera] may by Order in Council make such regulations as he deems necessary for regulating the mode of registration of instruments under this section.
Miscellaneous
340 Minister of Finance may make advances to the Board.
1909, No. 15, s. 274
(1)
For the purpose of forming and constructing roads and bridges, and otherwise opening up and preparing for settlement any land subject to this Part of this Act, or for the purpose of discharging any mortgage or charge to which any such land is subject, the Minister of Finance (with the consent of the Native Minister) may, in his discretion, make to the Board in which the land is vested advances out of moneys which may from time to time be appropriated by Parliament for those purposes, or which are otherwise available for those purposes under the provisions of this Act.
(2)
The total amount which may be so advanced to any one Board in any one financial year shall not exceed fifty thousand pounds.
(3)
All advances made to a Board under this section, together with interest thereon at the rate fixed by the Minister of Finance, shall be a charge on the land for the benefit of which they have been expended, and shall be repayable by the Board by instalments out of the revenues and proceeds of that land accordingly; and the liability therefor shall be apportioned by the Board, with the approval of the Native Minister, between the various areas of that land in proportion to the benefit derived from the expenditure of those advances.
(4)
Every such instalment shall consist partly of principal and partly of interest, and shall be calculated and payable in accordance with regulations to be made in that behalf; but the full amount of every such advance, together with interest thereon at the rate aforesaid, shall be repaid within a period not exceeding forty-two years after the making of the advance.
341 Board may borrow money from a State Loan Department.
Ibid., s. 275
For the purpose of forming and constructing roads and bridges, and otherwise opening up and preparing for settlement any land subject to this Part of this Act, or for the purpose of discharging any mortgage or charge to which that land is subject, the Board in which that land is vested may, with the consent of the Native Minister, borrow money from a State Loan Department, and may mortgage that land as security for the money so borrowed.
342 Expenditure of Board on roads and bridges may be subsidized out of the Public Works Fund.
Ibid., s. 276
The amount from time to time expended by a Board in forming and constructing roads and bridges on land subject to this Part of this Act may, at the discretion of the Minister of Finance, be subsidized to the extent of the same or any lesser amount out of moneys which may be from time to time appropriated by Parliament for that purpose out of the Public Works Fund.
343 Disposal of revenues received by the Board.
1909, No. 15, s. 277
(1)
All revenues received by a Board from any land subject to this Part of this Act shall from time to time be applied by the Board—
(a)
In defraying the cost of the administration of that land by the Board, the cost being apportioned according to the expenses properly incurred in respect of each separate area:
(b)
In paying all rates, taxes, and other assessments and outgoings payable by the Board in respect of the land:
(c)
In repaying advances and paying interest thereon in manner hereinbefore provided:
(d)
In payment of sums set apart for sinking funds as provided in connection with improvements made by lessees:
(e)
In the discharge, to such extent as the Board from time to time thinks fit, of any mortgage or charge to which the land is subject:
(f)
With the consent of the Native Minister, for any other purposes in connection with the administration, improvement, and settlement of the land from which those revenues are derived, or for any other purposes of general utility to the Native owners of that land:
(g)
In paying at such times and in such manner as is prescribed the residue of those revenues to the Native owners or other persons having any interest in the land, in accordance with their respective interests.
(2)
Notwithstanding anything in this section, the Board, in lieu of paying the proceeds of the sale of any land to the owners thereof may cause the same or any part thereof to be invested in such manner as may be prescribed for the benefit of any such owner, and in any such case the right of the owner to receive payment of the capital sum so invested shall be subject to any regulations made in that behalf.
344 Board may sell land by private contract for certain purposes.
Ibid., s. 278
(1)
A Board may dispose of any land vested in it under this Part of this Act (whether the same has been set apart for sale or for leasing) by way of sale in fee-simple as a site for the erection of any building required for any religious, charitable, educational, or public purpose, or as a site for a dairy factory, cheese-factory, creamery, fruit-preserving factory, or industrial establishment.
(2)
No allotment of land exceeding five acres in extent shall be so disposed of without the consent of the Governor-General in Council.
(3)
Any such sale may be by private contract, and shall be exempt from the conditions and restrictions imposed by this Act upon the alienation or acquisition of Native land.
345 Board may acquire land for the purpose of a road.
Ibid., s. 279
For the purpose of acquiring land for any road which is required in connection with any land vested in a Board under this Part of this Act, the Board may either purchase that land out of the revenues of the land so vested in it, or may exchange any part of the land so vested in it for the land so required for a road, with or without the payment of money out of the aforesaid revenues by way of equality of exchange.
346 Board may grant licenses for removal of timber, flax, minerals, &c.
Ibid., s. 280
(1)
A Board may grant licenses for the removal of timber, flax, kauri-gum, or minerals from any land vested in that Board and subject to this Part of this Act.
(2)
Every such license shall be for such period not exceeding, together with any renewal to which the licensee is entitled, a term of twenty-five years, and may be granted on such conditions and in consideration of such payments by way of royalty or otherwise, as the Board thinks fit, and may confer upon the licensee such rights over the land as are in the opinion of the Board necessary or expedient for the purposes of the license.
(3)
Any such license may be granted either by way of public auction or public tender or by way of private contract.
(4)
No such license shall be granted without the consent of the Governor-General in Council.
(5)
Every such license shall expire at the latest at the end of fifty years from the twenty-fifth day of November, nineteen hundred and seven (being the date of the passing of the Native Land Settlement Act, 1907).
347 Board may lease land for pastoral purpose pending final disposal thereof.
1909, No. 15, s. 281
(1)
Pending the disposal by way of sale or lease under the foregoing provisions of any land vested in a Board under this Part of this Act, the Board may, on such terms and conditions as it thinks fit, and either by public auction or public tender or by private contract, lease that land or any part thereof for pastoral purposes for any period not exceeding one year.
(2)
The provisions of Part XII of this Act (relating to limitation of area) shall have no application to any such lease.
348 Board may accept surrenders of leases.
Ibid., s. 282
A Board may at any time accept a surrender of any lease of land which is subject to this Part of this Act, or of any license granted in respect of any such land.
349 Instruments to be under seal of the Board.
Ibid., s. 283
Every transfer, lease, license, contract of sale, or other instrument of assurance executed under the authority of this Part of this Act shall be executed under the seal of the Board.
350 Meaning of “purchaser”
or “lessee”
.
Ibid., s. 284
All the provisions of this Part of this Act relating to a purchaser or lessee shall, unless a contrary intention appears, be deemed to relate also to the executors, administrators, or assigns of a purchaser or lessee.
351 Costs.
Ibid., s. 285
The costs of the preparation, execution, stamping, and registration of every lease, license, or contract of sale under this Part of this Act shall be borne and paid by the lessee, licensee, or purchaser.
352 Land subject to this Part of this Act and unsold to be revested in Native owners after fifty years.
Ibid., s. 286
(1)
So soon as practicable after the expiration of fifty years from the twenty-fifth day of November, nineteen hundred and seven (being the date of the passing of the Native Land Settlement Act, 1907), every Board shall transfer all land which is then vested in it subject to this Part of this Act to the Native owners or other persons who are then equitably entitled thereto, and shall for that purpose execute all necessary transfers and other assurances to the intent that every person so equitably entitled shall acquire a legal estate or interest corresponding to the equitable estate or interest so vested in him.
(2)
No Board shall act in pursuance of this section without the previous sanction of the Governor-General in Council, and no such sanction shall be given until and unless the Governor-General is satisfied that the following conditions have been fulfilled: —
(a)
That the Native owners or other persons so equitably entitled to any area of land desire the land to be so revested in them:
(b)
That the land is not subject to any lease, license, or contract of purchase:
(c)
That no moneys are charged on the land or on the revenues thereof in accordance with this Part of this Act or under any other authority.
353 Revesting lands subject to Parts XIV and XV of this Act.
1922, No. 48, s. 10
(1)
Upon application by the Native Minister the Court may make one or more orders revesting any land vested in a Board under this Part or under Part XV of this Act, or any part of such land, in the person or persons for the time being found beneficially entitled thereto according to the relative interests as ascertained by such order, and upon the making of such order the land therein included shall cease to be vested in the Board, and shall become vested in the person whose name is set out in such order.
(2)
The Court, without the consent of the Board, may, should it deem it necessary to do so, partition the land among the owners for the purpose of giving effect to such revesting and if necessary to exercise the other powers conferred by Part VI of this Act.
(3)
The District Land Registrar is authorized to register such order against the relative title without production of the outstanding certificate of title, and may cancel the register of such land as to the whole or a part, as the case may require, and issue a new certificate of title for the estate and to the persons named in the order of the Court subject to the existing valid leases, licenses, mortgages, or charges.
(4)
If when such order is received by the District Land Registrar the title to the land affected has not already been registered, the order shall be embodied in the provisional register as a folium thereof, and all the provisions of the Land Transfer Act, 1915, shall apply accordingly:
Provided that if any instrument granted by the Board has not been registered it may thereafter be registered as if the Board still remained the registered proprietor, and shall take effect as if it were a valid and effective dealing by the registered proprietors thereof, and all provisions in favour of the Board shall enure to and be exercisable by the registered proprietors.
(5)
When the land named in such order is affected by any instrument of alienation executed by the Board while the land was vested in it the Court may, in that or by any subsequent order, direct that the Board shall continue to exercise the powers of lessor or grantor of any license, and thereupon the Board shall exercise all powers as if it still remained the lessor or grantor under the alienation referred to until such time as the Court may by order revoke such direction.
(6)
It shall not be necessary for the purpose of giving effect to this section to register any Order in Council vesting the land in any Board, or to issue any title in respect thereof, but the order made by the Court may be registered against any subsequent title or may become the commencement of any title as far as the Land Transfer Register is concerned.
Part XV Other Land vested in Maori Land Boards
354 Land vested in Boards under Part XV of the Native Land Act, 1909, to be subject to this Part of this Act.
1909, No. 15, s. 287
(1)
All land vested in a Maori Land Board under Part XV of the Native Land Act, 1909, shall on the commencement of this Act become subject to this Part of this Act.
(2)
All land so vested in a Board shall be held by it on the trusts imposed by this Part of this Act.
(3)
Nothing in this section shall affect any lease or other alienation to which any such land is subject at the commencement of this Act, or the right of any person to enforce any valid contract made with respect to any such land before the commencement of this Act.
(4)
If any such land is subject at the commencement of this Act to any trust imposed upon the Board to reconvey that land to the beneficial owners thereof at any time or upon any conditions, the trust so imposed shall remain in force, notwithstanding anything in this Part of this Act; but no such trust shall take away, restrict, or affect any powers of alienation conferred upon the Board by this Act.
355 Native land not kept cleared of noxious weeds may be vested in Board by the Governor-General.
Ibid., s. 288
(1)
If any area of Native freehold land is not kept properly cleared of noxious weeds in accordance with the Noxious Weeds Act, 1928, the Governor-General may by Order in Council vest that land in the Maori Land Board of the district in which it is situated, and the land so vested shall thereupon become subject to this Part of this Act.
(2)
The land so vested in a Board shall be held by it in trust for the owners beneficially entitled thereto in accordance with their respective interests.
(3)
The vesting of any such land in the Board shall not affect any valid lease, mortgage, charge, or encumbrance to which the land is subject at the date of that vesting, or the right of any person to enforce any valid contract made with respect to the land before it became so vested, or to obtain confirmation of any alienation under an instrument of alienation theretofore executed.
(4)
Nothing in this section shall apply to any Native land which is beneficially owned for an estate in fee-simple, at law or in equity, by a single owner in severalty or by less than ten owners in common.
(5)
An Order in Council purporting to be made under this section shall be conclusive proof that all conditions precedent to the making thereof have been duly fulfilled, and no such Order shall be questioned on any ground.
356 Part XIV of this Act to apply, with modifications, to land subject to this Part of this Act.
Ibid., s. 290
All land which is subject to this Part of this Act shall be held on the same trusts as land vested in a Board under Part XIV of this Act, and all the provisions of that Part of this Act shall apply thereto accordingly in the same manner as if the land was subject to that Part of this Act, with such exceptions and modifications as are created by this Part of this Act.
357 Land subject to this Part of this Act not to be sold.
Ibid., s. 291
(1)
Notwithstanding anything in Part XIV of this Act, no land vested in a Board under this Part of this Act shall be sold under the authority of that Part of this Act, but the whole of any such land may be leased or otherwise dealt with by the Board in accordance with that Part of this Act.
(2)
Nothing in this section shall prevent the sale of any such land by the Board under section three hundred and forty-four of this Act (relating to the sale of land for certain public and other purposes) or under section three hundred and twenty of this Act.
358 Land subject to this Part of this Act may be managed by Board as a farm.
1909, No. 15, s. 292 1929, No. 19, s. 7
(1)
Notwithstanding anything in Part XIV of this Act, when any land is vested in a Board under this Part of this Act the Board may, if and so long as it thinks fit, instead of leasing the land, occupy and manage the whole or any part or parts thereof as a farm and carry on any agricultural or pastoral business thereon on behalf and for the benefit of the beneficiaries.
(2)
In any such case the Board may from time to time, with the approval of the Native Minister, appoint some fit person to be the manager of the said farm; and may at any time remove any such manager and, with the approval of the Native Minister, appoint some other fit person in the place of the manager so removed.
(3)
The manager of any such farm shall be deemed to be the servant of the Board, and shall receive such salary or other remuneration (if any) as the Board, with the approval of the Native Minister, determines.
(4)
The manager of any such farm shall have all such powers of control and management of the farm as the Board confers upon him, and he shall at all times conform to the directions of the Board in that behalf.
(5)
Whenever land is so set apart and managed as a farm, the owners may from time to time, in manner prescribed by regulations, elect from among their number a committee of management.
(6)
The manager of the farm shall be, by virtue of his office, a member of the committee of management, and the Chairman thereof.
(7)
Subject to the directions and control of the Board, the manager of the farm shall exercise his powers and functions in accordance with the recommendations made from time to time by the committee of management.
(8)
All revenue derived from the farming operations so conducted by the Board shall, after the payment of all outgoings, be expended by the Board in the same manner as if that revenue was rent received from lessees of the land, save that the Board may, if and so far as it thinks fit, retain any such revenues in its own hands as a reserve fund for expenditure in the management of the farm, and may from time to time, as it thinks fit, either expend the reserve fund accordingly or distribute it among the persons entitled thereto.
(9)
All expenses and liabilities incurred by the Board in the conduct of any such farming operations shall be a charge upon the revenues received by the Board from those operations, and upon all revenues received by the Board from any other land which is beneficially owned by the persons in whom the beneficial ownership of the farm is vested.
(10)
The Board may from time to time expend out of the revenues mentioned in the last preceding subsection such sums as it thinks fit for the purpose of effectually carrying on farming operations in manner aforesaid.
(11)
The Board may from time to time, for the purposes of such farming operations, raise such moneys as it thinks fit on the security of any crops on the farm or on the security of any stock or other chattels owned by the Board and held by it on behalf of the beneficial owners of the farm, or, with the consent of the Native Minister, on mortgage of the land included in the farm.
(12)
The Board shall at all times keep full and true accounts of its income and expenditure, and of its assets and liabilities, in respect of every farm so managed by it.
(13)
The Governor-General may from time to time, by Order in Council, make such regulations as he thinks necessary or expedient for carrying into full effect the purposes of this section.
359 Land under this Part of this Act may be leased to Natives in accordance with Part XVI of this Act.
1903, No. 15, s. 294
Notwithstanding anything in Part XIV of this Act, when any land is vested in a Board under this Part of this Act, the Board, instead of leasing the land by public auction or public tender under Part XIV of this Act, may, if it thinks fit, grant to any Native a lease thereof in accordance with the provisions of Part XVI of this Act (relating to Native lands for Native settlement), and all the provisions of that Part of this Act shall, so far as applicable, and with all necessary modifications, extend and apply to any such lease accordingly.
Part XVI Native Land for Native Settlement
360 Land subject to Part XVI of the Native Land Act, 1909, to be subject to this Part of this Act.
Ibid., s. 294
(1)
All Native land which at the commencement of this Act is subject to Part XVI of the Native Land Act, 1909, shall be subject to this Part of this Act.
(2)
All Orders in Council, leases, or other acts of authority affecting such land subsisting or in force at the commencement of this Act, shall enure for the purposes of this Part of this Act as fully and effectually as if they had originated under the corresponding provisions of this Part of this Act, and accordingly shall, where necessary, be deemed to have so originated.
361 Orders in Council may be revoked.
Ibid., s. 296
(1)
Any Order in Council affecting land subject to this Part of this Act, may be at any time revoked, either wholly or as to any part or parts of the land included therein, by the Governor-General by Order in Council; and thereupon the land so subject to this Part of this Act shall, to the extent of that revocation, cease to be so subject.
(2)
No land shall by reason of any such order of revocation cease to be subject to this Part of this Act at any time during the continuance of the term of any lease of that land granted by a Maori Land Board under this Part of this Act (including in that term the term of any renewal to which the lessee is entitled).
362 Orders in Council to be registered against the title to land subject to this Part of this Act.
Ibid., s. 297
(1)
When any land which is subject to the Land Transfer Act, 1915, is subject to this Part of this Act by virtue of any Order in Council, the District Land Registrar shall, on the receipt of a copy of the Order in Council certified under the hand of the Under-Secretary of the Native Department, enter upon every existing certificate of title of that land, and upon every folium of the Provisional Register relating thereto, and upon every certificate of title thereafter issued in respect thereof, a memorial that the land is subject to this Part of this Act.
(2)
When any land ceases by virtue of any Order in Council to be subject to this Part of this Act, the District Land Registrar shall, on the receipt of a copy of the Order in Council certified as aforesaid, enter upon any certificate of title or folium containing any such memorial as aforesaid a memorial that the land has ceased to be subject to this Part of this Act.
363 Court may except land from operation of this Part of this Act.
1925, No. 40, s. 8
(1)
The Court may order that any Native land subject to the operation of this Part of this Act shall cease to be subject thereto, and such order shall take effect according to its tenor.
(2)
The powers conferred by this section are in addition to the powers conferred on the Governor-General by section three hundred and sixty-one of this Act.
(3)
No such order shall be made during the continuance of the term of any lease of that land granted by a Maori Land Board under this Part (including in that term the term of any renewal to which the lessee is entitled) except with the consent in writing of the Board first had and obtained.
(4)
When any land ceases by virtue of any such order to be subject to this Part the District Land Registrar shall enter upon any certificate of title or folium containing a memorial of the Order in Council having the effect of making the land subject to this Part a memorial that the land has ceased to be subject to this Part of this Act.
364 Restrictions on alienation by the Native owners.
1909, No. 15, s. 298
Native land subject to this Part of this Act shall, while so subject, be inalienable by the owners, whether to the Crown or to any other person, except—
(a)
By way of lease through the agency of the Maori Land Board in pursuance of this Part of this Act; or
(b)
With the consent of the Native Minister granted on the recommendation of the Maori Land Board, but subject to the same restrictions and to the same requirements as to confirmation and otherwise as if the land was not subject to this Part of this Act; or
(c)
In pursuance of a resolution of the assembled owners in accordance with Part XVIII of this Act.
365 Former alienations not to be affected.
Ibid., s. 299
Nothing in this Part of this Act shall be so construed as to effect the validity or operation of any alienation of any Native land before that land has become subject to this Part of this Act, or to prevent the confirmation of an alienation made by an instrument of alienation theretofore executed.
366 Board to be the agent of the owners for the purpose of leasing land.
Ibid., s. 300
When any land is subject to this Part of this Act, the Maori Land Board of the district in which it is situated shall be deemed to be the agent of the owners for the purpose of granting leases of that land under the provisions of this Part of this Act, and may without further authority than this Act lease the land or any part thereof accordingly.
367 Land to be leased to Native owners only.
Ibid., s. 301
(1)
No such lease shall be granted to any Native who is not one of the beneficial owners, at law or in equity, of the land demised, unless the Board is of opinion that there is no such owner who is ready and willing to accept a lease thereof on the terms proposed by the Board, and who is also a fit and proper person to become the tenant of the land.
(2)
If the Board is of opinion that there is no such owner who is so ready and willing and who is a fit and proper person to become the tenant, the Board may grant a lease of the land to any Native but not to a European.
(3)
The decision of the Board on any such matter shall be final and conclusive.
368 Execution and effect of leases.
1909, No. 15, s. 302
(1)
Every such lease shall be in writing, executed by the Board in its own name under its seal, and shall, as between the Board and the lessee, constitute for all purposes the relation of landlord and tenant in the same manner in all respects as if the Board was the owner of the land for a legal estate in fee-simple.
(2)
Every such lease of land subject to the Land Transfer Act, 1915, may be registered in the same manner as if it had been lawfully granted by the legal owner of the land demised, and the production of the certificate or certificates of title in the hands of the legal owner shall not be necessary.
369 Term of lease.
Ibid., s. 303
Every such lease shall be for such term as the Board thinks fit, not exceeding in any case the term of fifty years, and may contain such right of renewal, as the Board thinks fit, for any further term or terms, but so that the total duration of the lease together with any such renewed term shall not in any case exceed fifty years.
370 Rental.
Ibid., s. 304
(1)
Every such lease shall be granted at such rent as the Board thinks fit.
(2)
If any land is of such a nature that in the opinion of the Board its occupation cannot be made immediately remunerative, the Board may in any lease thereof exempt the lessee from payment of any rent for any period not exceeding four years from the commencement of the term.
371 Compensation for improvements.
Ibid., s. 305
(1)
Any such lease may contain provision for the payment to the lessee, on the termination by effluxion of time of the lease or of any renewal thereof, of compensation for improvements put by him upon the land.
(2)
Every sum which so becomes payable to the lessee shall constitute a charge upon the land and upon the revenues or proceeds thereof after the termination of the lease and of any renewal thereof, and any such charge shall be enforceable by the Native Land Court in the same manner as a charge imposed by that Court in pursuance of this Act.
(3)
For the purpose of providing a fund for paying off any such charge the Board shall from time to time, during the currency of the lease or any renewal thereof, set aside out of the rent received such sums as the Board thinks necessary for that purpose.
(4)
Moneys so set aside shall be invested by the Board, together with the interest arising from such investment, in manner prescribed, and shall on the expiration of the lease and of any renewal thereof be applied in satisfaction of the charge, and any surplus shall be paid by the Board to the persons then entitled to the revenues of the land.
372 Recording of improvements.
1909, No. 15, s. 306
Section three hundred and twenty-eight of this Act (relating to the recording of improvements) shall extend and apply to improvements made or proposed to be made by the lessee under any lease which confers such a right of compensation as aforesaid.
373 Provisions of lease.
Ibid., s. 307
Every lease under this Part of this Act may contain such other terms, covenants, and conditions as the Board thinks fit.
374 Roading of land subject to this Part of this Act.
Ibid., s. 309
(1)
The Board may from time to time lay out road-lines over any land subject to this Part of this Act, and the Governor-General may thereupon by Proclamation proclaim as a road any roadline so laid out, and it shall become a public highway accordingly.
(2)
Any such road may be laid out and proclaimed although the land over which it is so laid out has been leased under this Part of this Act, but in such case the lessee shall be entitled to such deduction (if any) from the rent of the land as the Board thinks just.
(3)
Until and unless a Proclamation has been so made in respect thereof the Board may at any time cancel or vary any road-line so laid out by it.
375 Board may accept surrender of lease.
Ibid., s. 310
A Board may at any time accept a surrender of any lease of land which is subject to this Part of this Act.
376 Restrictions on lessee’s powers of disposition.
Ibid., s. 311
(1)
Except with the precedent consent of the Board, no lease or sublease of land leased by the Board under this Part of this Act or under Part II of the Native Land Settlement Act, 1907, shall be capable of being assigned to any other person: nor, except with the precedent consent of the Board, shall any sublease of any land so demised, or of any part thereof, be capable of being granted to any other person.
(2)
Except with the approval of the Native Minister, the consent of the Board shall not be so given to any assignment or sublease in favour of a European.
(3)
Nothing in this section applies to any disposition by will or by operation of law.
377 Apportionment of rent.
Ibid., s. 312
(1)
If any land leased by a Board under this Part of this Act consists of several parts owned by different owners or by different groups of owners in common, the Board shall, in and by the lease, apportion the rent in such manner as it considers just between those several parts.
(2)
In any such case any charge imposed on the land in respect of improvements made by a lessee shall be imposed exclusively on the part so improved, and any sums set aside by the Board to meet any such charge shall be set aside exclusively out of the rent so apportioned to the part so improved.
378 Application of rents received by Board.
Ibid., s. 313
All rent received by a Board from any land leased by it under this Part of this Act shall from time to time be applied by the Board—
(a)
In defraying the cost of the administration by the Board of the land demised:
(b)
In paying all rates, taxes, and other assessments and outgoings payable by the owners in respect of that land:
(c)
In payment of sums set apart to meet any charge for improvements made upon the land:
(d)
In the discharge to such extent as the Board from time to time thinks fit, or as the Native Minister from time to time directs, of any mortgage or charge to which the land is subject:
(e)
In paying at the times and in the manner prescribed by regulations the residue of the rent to the Native owners or other persons having any estate or interest in the land, in accordance with their respective interests.
379 Costs.
1909, No. 15, s. 314
The cost of the preparation, execution, stamping, and registration of every lease granted by a Board under this Part of this Act shall be borne and paid by the lessee.
380 Restrictions on powers of incorporated owners of land subject to this Part of this Act.
Ibid., s. 315 1912, No. 34, s. 13
(1)
If any land subject to this Part of this Act is or becomes vested in the incorporated owners thereof, and subject accordingly to Part XVII of this Act, the powers of alienation or disposition possessed by the incorporated owners shall not be exercised except with the consent of the Board.
(2)
In any such case the Board may consent to any alienation or disposition which the incorporated owners could otherwise lawfully make if the land was not subject to this Part of this Act, or may permit the committee of management to occupy and manage the land or any part thereof as a farm in accordance with the provisions of Part XVII of this Act in that behalf; but any such permission may be at any time revoked.
(3)
Nothing in this Part of this Act shall be construed or shall operate so as to affect the power of the committee of management to occupy and manage the land or any part thereof as a farm in accordance with the provisions of Part XVII of this Act in that behalf.
Part XVII Incorporation of Owners of Native Lands
Mode of Incorporation
381 Incorporated owners under other Acts to be subject to this Part of this Act.
1909, No. 15, s. 316
Every body corporate of the owners of Native land constituted under the Native Land Act, 1909, or any Act thereby repealed, shall be deemed to have been constituted under this Part of this Act, and all the provisions of this Act shall apply thereto accordingly.
382 Native Land Court may incorporate the owners in common of Native land.
Ibid., s. 317 1925, No. 40, s. 4
(1)
When any area of Native freehold land is owned for a legal estate in fee-simple by more than three persons as tenants in common thereof (whether any such owner is entitled beneficially or as a trustee), the Court may, in its discretion, make in respect of the owners of that land an order of incorporation under this Part of this Act.
(2)
Any such order of incorporation may be made either—
(a)
In pursuance of a resolution of the assembled owners in accordance with the provisions of Part XVIII of this Act; or
(b)
On proof to the satisfaction of the Court that the legal owners of not less than one-half of the land (or their trustees in the case of owners under disability) consent to the making of the order.
(3)
Any such order of incorporation may be made either in respect of the whole of the land so owned in common or in respect of any part thereof.
(4)
No appeal to the Appellate Court shall lie from an order of incorporation.
383 Native land may be included in order of incorporation with adjoining land.
1909, No. 15, ss. 318 319
(1)
When any area of Native freehold land forms a continuous area with any other Native freehold land in respect of which an order of incorporation can be made in accordance with the last preceding section, the first-mentioned area may, with the consent of the owners thereof, or of their trustees in the case of persons under disability, be included in that order of incorporation; and the order shall take effect as if the whole of the land included therein was owned in common by the owners of the several portions thereof.
(2)
No area of land shall be deemed to be discontinuous within the meaning of this section merely because it is intersected by a road, river, stream, or railway.
384 Incorporation of owners of several areas.
1924, No. 45, s. 8 1925, No. 40. s. 4
(1)
When the whole or any of the owners in common of one area of land are also the whole or any of the owners in common of any other area or areas of land the Court may make a single order of incorporation in respect of the whole or any part of the combined areas, and the order shall take effect as if the whole of the area affected was owned in common by the owners of the several portions thereof.
(2)
No such order shall be made except—
(a)
In pursuance of separate resolutions of the assembled owners of each of the areas affected by the order passed in accordance with the provisions of Part XVIII of this Act; or
(b)
On proof to the satisfaction of the Court that the legal owners of not less than one-half of each of those areas (or their trustees in the case of owners under disability) consent to the making of the order; or, where there are three owners or less, that all the owners have consented; or
(c)
In pursuance of such resolution as aforesaid in the case of any one or more of those areas, and on proof of such consent as aforesaid in the case of remaining areas.
385 Authorizing inclusion of other areas in incorporation.
1924, No. 45, s. 9
(1)
When any area of Native freehold land is owned as aforesaid, and the whole or any of the owners in common thereof are also the whole or any of the owners of any other area of Native freehold land the subject of an order of incorporation under this Part of this Act, the first-mentioned area may, by order of the Court, be made subject to such order of incorporation, and such first-mentioned area shall be deemed to be included in that order of incorporation, and the order shall thereupon take effect as if the whole of the land included therein was owned in common by the owners of the several portions thereof.
(2)
No order under this section shall be made except with the consent under seal of the body corporate affected.
(3)
The Court may make such amendment in the order of incorporation or in the designation of the body corporate as the circumstances of the case seem to require.
386 Bodies corporate may be amalgamated.
Ibid., s. 10
(1)
When two or more bodies corporate constituted under this Part of this Act consent in writing under their respective seals the Court may amalgamate such bodies corporate by making, in respect of the owners of the combined area, an order of incorporation in lieu of the several orders of incorporation theretofore made with regard to the same areas, and the order shall take effect as if the whole of the land included therein was owned in common by the owners of the several portions thereof.
(2)
Upon an order of incorporation being made as aforesaid the lands in respect of which it is made shall vest for a legal estate in fee-simple in the body corporate thereby constituted, subject, however, to all leases, mortgages, charges, or other interests by which the title thereof is affected at the date of such order. All rights, powers, and privileges appertaining to the amalgamated bodies corporate shall pass to the body corporate constituted hereunder, which shall likewise become subject to and be liable for all and every the requirements, claims, and liabilities to which the amalgamated bodies corporate were respectively subject.
(3)
Upon the appointment of a committee of management under section three hundred and ninety-four of this Act all other committees of management attaching to the superseded bodies corporate shall cease to hold office.
387 District Land Registrar to rectify title of body corporate.
1924, No. 45, s. 11
The District Land Registrar is hereby authorized to cancel or amend any existing certificate of title and to issue any new certificate of title that may be necessary to give effect to any order made under this Part of this Act.
388 Effect of order of incorporation.
1909, No. 15, s. 320
On an order of incorporation being made under this Part of this Act the legal owners of the land in respect of which it is made shall become a body corporate with perpetual succession under the name of “The Proprietors of [Naming the land in accordance with the order of incorporation],”
with power to do and suffer all that bodies corporate may do and suffer, and with all the powers expressly conferred upon it by this Act.
389 Land to vest in the body corporate.
Ibid., s. 321
On any such order being made, the land in respect of which it is made shall vest for a legal estate in fee-simple in the body corporate, subject, however, to all leases, mortgages, charges, or other interests to which the title of the owners or any of them was subject at the date of incorporation, and subject to the right of any person to procure the confirmation of any alienation under an instrument of alienation executed before the making of the order.
390 In trust for the Native owners.
Ibid., s. 322
The body corporate so constituted shall hold the land so vested in it on trust for the persons entitled thereto as the owners thereof at the date of incorporation, and on trust for their successors in title, in accordance with their several interests in the land, and shall administer and deal with the land in accordance with this Part of this Act.
391 Native owners to be members of the body corporate.
Ibid., s. 323
Every person who for the time being is entitled to an equitable interest in fee-simple in the land so vested in the body corporate shall be a member of that body corporate, and all such persons are in this Part of this Act referred to as the incorporated owners:
Provided that if any such equitable interest is vested in any trustee, the trustee shall be deemed to be one of the incorporated owners and a member of the body corporate, to the exclusion of the beneficiary.
392 Body corporate may be wound up by the Court.
Ibid., s. 324 1924, No. 45, s. 12
(1)
The Court may at any time, if it thinks it expedient so to do, order any body corporate under this Part of this Act to be wound up.
(2)
Every such winding-up shall proceed in accordance with Rules of Court, and subject to any such rules, in accordance with the directions of the Court.
(3)
On any such winding - up the Court shall make all such vesting orders as are necessary to vest in the persons beneficially entitled thereto all land and other property vested in the body corporate, in accordance with the respective interests of those persons, and the property shall vest in those persons accordingly, or may make an order cancelling any title issued to the corporate body, and direct that the original title shall take effect with such amendments as may be necessary, and thereupon so much (if any) of such title as has been affected shall be revived, and in such case the former title shall become valid and effectual in favour of the persons beneficially entitled thereto as if no such incorporation order had been made. Upon production of a duplicate of such order the District Land Registrar may make any consequential amendment required in the Land Transfer Register, but so as not to take away or prejudicially affect any rights or interests already acquired.
(4)
On the completion of the winding-up the Court may make an order dissolving the body corporate, but if it subsequently appears that any such order of dissolution has been made in error, the Court may revoke the same as from the making thereof, and the body corporate shall thereupon revive, and the same proceedings may be taken thereafter as if no such order of dissolution had been made.
393 Providing for the exception from an order of incorporation of any portion of the incorporated block.
1921, No. 62, s. 4
(1)
The Court shall have jurisdiction to exclude from time to time from any order of incorporation any portion of the area of land in respect of which it was made, and may make an order accordingly.
(2)
By the same or any subsequent order the land so excluded may be vested for an estate of freehold in fee-simple, and in one or more lots, in any persons whom the Court finds to be beneficially entitled thereto.
(3)
The land so excluded shall cease to be land subject to the order of incorporation, and to vest in the corporate body, but no order for the exclusion of any land from an order of incorporation shall invalidate or prejudicially affect any lawful alienation or the right to procure confirmation or registration of any instrument executed before the making of any order as aforesaid, but all such alienations shall, as far as the land comprised in such order is concerned, subject to all just claims of the incorporated owners, enure for the benefit of the owners as found by the Court.
(4)
All rights, obligations, or liabilities arising from any lease, license, mortgage, or charge to which the area in respect of which the order of incorporation was made is subject at the date of any order of exclusion made hereunder may be apportioned between the respective parcels of land, and any such apportionment shall have effect according to its tenor as if all necessary transfers, releases, covenants, and all other dispositions had been duly made in that behalf by all parties concerned, and may be registered under the Land Transfer Act, 1915, accordingly. The Court may also, if necessary, make an order adjusting the list of incorporated owners and declaring the persons beneficially entitled to the land remaining subject to the order of incorporation.
Committee of Management
394 Committee of management to be appointed.
1909, No. 15, s. 325 1926, No. 64, s. 3
(1)
On the constitution of any body corporate under this Part of this Act, and from time to time thereafter, the incorporated owners (or their trustees in the case of owners under disability) shall, in manner and at the times prescribed, elect a committee of management consisting of not less than three and not more than seven persons, as the incorporated owners from time to time determine.
(2)
The persons so elected need not be members of the body corporate.
(3)
The persons so elected as a committee shall be appointed by order of the Court in accordance with the election made as aforesaid by the incorporated owners, and shall not hold office until an order of appointment has been so made.
(4)
The Court may, on sufficient cause being shown, refuse to appoint any person so elected, and may thereupon either order that a new election shall be made by the incorporated owners, or appoint such other person as the Court thinks fit in the place of the person so elected.
(5)
The Court may at any time, whether on application made or on its own motion, and for any reason which it thinks sufficient, remove from office any member of a committee.
(6)
If the incorporated owners at any time make default in electing a committee, the Court may appoint a committee in the same manner as if an election had been duly made; and any committee so appointed may consist of such number of persons, not less than three or more than seven, as the Court thinks fit.
(7)
If any person so elected dies before he has been appointed, the Court may appoint any other person in his place.
(8)
If any member of a committee of management dies, or resigns, or is removed from office, the Court may appoint any other person in his place.
395 Validity of order of appointment.
1909, No. 15, s. 326
No order appointing any person as a member of any such committee of management shall be questioned or invalidated on the ground of any error or irregularity in the mode of his election or appointment, and no act of the committee shall be questioned or invalidated on the ground of any vacancy in the membership thereof.
396 Committee of management to exercise all the powers of the body corporate.
Ibid., s. 327 1926, No. 64, s. 3
(1)
All the powers and functions of a body corporate under this Part of this Act shall be exercised on its behalf by the committee of management so appointed.
(2)
The powers of the committee may be exercised by a majority of the members thereof for the time being in office.
397 Seal.
1909, No. 15, s. 328
(1)
Every body corporate under this Part of this Act shall have a seal, which shall be in the prescribed form, and the custody of which shall be determined by regulations. Every seal in use at the commencement of this Act by any such body corporate established under any Act hereby repealed may continue to be used as the seal of that body.
(2)
The seal shall not be affixed to any instrument except in the presence of a majority of the members of the committee of management who are for the time being in office, and such a majority of members shall also sign the instrument.
398 Contracts.
Ibid., s. 329
A contract made by the committee of management on behalf of the body corporate, other than an alienation of land, need not be under seal, but may be made in the same manner as the like contract made between individuals.
Powers of Incorporated Owners
399 Power of incorporated owners to alienate the land.
1909, No. 15, s. 330
(1)
A body corporate under this Part of this Act shall have the same power of alienating the land vested in it as is conferred by this Act upon a Native owning Native land in severalty, save that the body corporate shall have no power of selling the land (except to the Crown) without the precedent consent of the Governor-General in Council.
(2)
Every such alienation shall require confirmation by a Board in the same cases and in the same manner as if it was an alienation by a Native owning the land in severalty.
(3)
Every instrument of alienation shall be under the seal of the body corporate.
(4)
So far as regards any Native signing any such instrument of alienation as a member of the committee of management, the provisions of section two hundred and sixty-eight of this Act (relating to formalities of execution) shall extend and apply to the execution of that instrument in the same manner as if it was an instrument of alienation of Native land by that Native.
400 Enabling beneficial owners to accept leases of incorporated land.
1928, No. 49, s. 19
Notwithstanding any rule of law or equity to the contrary, a body corporate may alienate any land owned by it by way of lease to one or more beneficial owners of the land affected, including a beneficial owner who may be a member of the committee of management of the said body corporate. Every such alienation shall be subject to the requirements of this Act as to confirmation and otherwise.
401 Power to accept surrenders of leases.
1909, No. 15, s. 331
A body corporate under this Part of this Act may, under its seal, accept a surrender of any lease to which the land vested in it is subject, whether that lease was granted before or after the establishment of the body corporate.
402 Application of Part XIII of this Act to incorporated owners.
Ibid., s. 332
Subject to this Part of this Act, all the provisions of Part XIII of this Act (relating to the alienation of Native land by a Native) shall extend and apply to an alienation of Native land by a body corporate under this Part of this Act.
403 Revenues of land to be paid to Board.
Ibid., s. 333 1929, No. 19, s. 7
(1)
The rent, purchase-money, or other proceeds of any alienation of land made by a body corporate under this Part of this Act shall not, except with the consent of the Native Minister, be paid to the committee of management or directly to the incorporated owners, but shall be paid to the Maori Land Board of the district in which the land or the greater part thereof is situated.
(2)
For the purpose of recovering any such rent, purchase-money, or other proceeds, the Board may exercise in the name of the body corporate all such rights, whether of action, distress, re-entry, or otherwise, as are vested in the body corporate in that behalf.
(3)
The said proceeds shall be expended by the Board, —
(a)
In paying all fees, commissions, or other charges payable thereout in accordance with regulations:
(b)
In paying all expenses lawfully and reasonably incurred by the committee of management in respect of the alienation:
(c)
In paying all rates, taxes, or outgoings payable by the body corporate in respect of the land so alienated:
(d)
In paying all expenses lawfully and reasonably incurred by the committee of management in the administration, management, maintenance, or improvement of the property vested in the body corporate:
(e)
In paying off, to such extent and at such times as the Board thinks fit, all charges to which the land vested in the body corporate is subject, or any other debts or liabilities of the body corporate:
(f)
In distributing the residue among the persons beneficially entitled thereto in accordance with their respective interests.
404 Committee of management may manage the land as a farm.
1909, No. 15, s. 334
(1)
The committee of management of a body corporate under this Part of this Act may, subject to such conditions and directions as may be imposed by the incorporated owners at general meetings summoned and held in accordance with regulations, and subject to any lease, license, or other alienation to which the land is subject, occupy and manage the land vested in the body corporate or any portion of that land as a farm, and may carry on any agricultural or pastoral business thereon as the agents of the body corporate and on behalf of the incorporated owners.
(2)
For the purposes of any such business, and subject to any such conditions and directions as aforesaid, the committee may purchase or otherwise acquire any such stock, implements, or other personal property, and may appoint all such servants or agents, as it deems necessary.
(3)
For the purposes of any such business the committee may, in the name of the body corporate, borrow money from any person or corporation on the security of any crops, stock, or other personal property belonging to the body corporate, and may execute instruments by way of security under the Chattels Transfer Act, 1924, accordingly.
(4)
Any such instrument may be executed either by the committee under the seal of the body corporate, or by any person appointed by the committee under the seal of the body corporate as the agent of the committee for the purpose of executing that instrument.
(5)
Every instrument by way of security under that Act which is executed by any Native as a member or agent of the committee of management shall be executed by him in accordance with section five hundred and forty-seven of this Act in the same manner as if he was the grantor of that security, and for the purposes of that section he shall be deemed to be the grantor accordingly.
(6)
The committee shall at all times keep true and just accounts of all its income and expenditure, assets and liabilities, in respect of any business so carried on by it; and those accounts shall be audited from time to time in accordance with regulations, and shall be open at all times to the inspection of any of the incorporated owners.
405 Accounts.
1913, No. 58, s. 99
The Court may, on the application of any person claiming to be interested or of its own motion, order that the accounts of any committee of management be lodged with the Registrar of the district within which the land of the corporate body shall be situated for thirty days from a date to be specified in such order to be open for inspection of the incorporated owners, and, on the making of any such order being notified to the committee, it shall be the duty of such committee to lodge the accounts in respect of which such order has been made on or before the date specified in such order.
406 Audit of incorporated owners’ accounts.
1913, No. 58, s. 99
The Court may by order appoint an auditor whose duty it shall be to audit the accounts of any committee of management, and report the result of such audit to the Court. If such auditor shall report that the accounts of the committee of management are not satisfactory, the Court shall report the same to the Native Minister, who may direct an investigation of such accounts by the Audit Office, and may authorize the prosecution of any person who has misappropriated any moneys the property of the body corporate, or may authorize an officer of the Audit Office to bring an action in the name of the body corporate for the recovery of any moneys from any person by whom such moneys may appear to such officer to be payable, and the control of any action and of all proceedings on any judgment therein shall be in the officer authorized by the Minister as aforesaid.
407 Body corporate may borrow money on security of land.
1909, No. 15, s. 335 1912, No. 34, s. 14 1929, No. 19, s. 7
(1)
With the precedent consent of the Native Minister, a body corporate under this Part of this Act may, on the security of a mortgage or charge of the land vested in it, borrow money from a State Loan Department, or from any person or body corporate, for any of the following purposes: —
(a)
For the purpose of any business carried on by the committee of management under section four hundred and four hereof:
(b)
For the payment of any debts or liabilities of the body corporate:
(c)
For the discharge of any charge or encumbrance affecting that land:
(d)
For the improvement or settlement of that land:
(e)
For any other purpose that the Native Minister may authorize.
(2)
Save as hereinafter provided in this section, all money so borrowed shall be paid to the Board of the district in which the land charged or the greater part thereof is situated, and not to the committee of management, and shall, subject to any fees or commissions authorized by regulations, be expended by the Board for the purposes for which the same was borrowed.
(3)
The Native Minister may, on such conditions as he thinks fit, authorize the payment to the committee of management of any money so borrowed.
408 Body corporate may acquire land by purchase, lease, or exchange.
1927, No. 67, s. 11
(1)
A body corporate under this Part of this Act may, with the consent of the Native Minister, acquire any land, whether by way of purchase, lease, or otherwise, which a Maori Land Board recommends should be so acquired by the said corporate body.
(2)
The Court may make orders of exchange, under Part VII of this Act, exchanging the Native freehold land owned by a corporate body, or any part thereof, for other lands or interests in lands; and any land acquired by a corporate body under an order of exchange shall be held by it on trust for the persons entitled under the order of incorporation constituting the said body corporate, and shall be aistered and dealt with under this Part of this Act. All land vested in a corporate body by order of exchange under the authority of this section shall be deemed to be Native freehold land.
409 Body corporate may acquire certain shares.
1922, No. 48, s. 2
A body corporate under this Part of this Act may acquire and hold shares in any dairy or freezing company.
410 General powers of body corporate.
1909, No. 15, s. 336
With the consent of the Court, a body corporate under this Part of this Act may do all such things (consistent with the provisions of this Act) as are deemed necessary or expedient for the administration, improvement, and settlement of the land vested in it, or for any purpose of general utility to the incorporated owners.
411 Lender not concerned as to necessity for or application of loan.
1927, No. 67, s. 10
No person lending money to a body corporate under this Part of this Act upon the security of any land vested in such corporate body shall be concerned to see or inquire as to the necessity for the loan or as to the application of the proceeds thereof by the mortgagor, and every such security shall be as valid and effectual for the protection of the mortgagee and his assigns as if the mortgagor had been entitled in its own right to the lands comprised in such security.
412 Power to restrict the powers of incorporated owners.
1909, No. 15, s. 337
(1)
All powers conferred by this Part of this Act upon a body corporate or upon the committee of management thereof shall be subject to such restrictions, conditions, and exceptions as may from time to time be imposed either by regulations or by the order of incorporation.
(2)
All restrictions, conditions, or exceptions so imposed by the Court may at any time be removed by it either wholly or in part.
(3)
All restrictions, conditions, or exemptions so imposed by regulations may apply either to all bodies corporate under this Part of this Act or to such of them as the Governor-General thinks fit, and may in the like manner be extended, varied, or removed either wholly or in part.
(4)
No alienation of land, if confirmed by a Board, shall thereafter be questioned or invalidated on the ground that it was contrary to any restriction, condition, or exception imposed in pursuance of this section, or on the ground of any error or irregularity in the constitution or appointment of the committee of management, or in the order of incorporation, whether that error or irregularity relates to the jurisdiction of the Court or to any other matter.
Part XVIII Powers of Assembled Native Owners
413 Interpretation.
Ibid., s. 338
(1)
In this Part of this Act the term “owners”
means, with respect to any area of Native freehold land, the persons who are beneficially entitled to that land in fee-simple as tenants in common, whether legal or equitable.
(2)
In this Part of this Act the term “assembled owners”
means, with respect to any area of Native freehold land, the owners thereof, as defined in this section, assembled together in a meeting called and held in accordance with this Part of this Act and the regulations made thereunder.
(3)
Except so far as otherwise expressly provided, this Part of this Act shall extend and apply to land vested in a Maori Land Board or in a body corporate of owners.
414 Tenants for life to be deemed owners for the purposes of this Part of this Act.
1909, No. 15, s. 339
(1)
Notwithstanding anything in the last preceding section, the owner of a beneficial freehold interest for life, or any other beneficial freehold interest less than the fee-simple, in Native land or in any share therein, shall be deemed to be one of the owners of that land within the meaning of this Part of this Act, but not to the exclusion of the persons entitled in remainder.
(2)
In computing the majority of votes required for the passing of a resolution of the assembled owners under the provisions hereinafter contained in this Part of this Act, the vote of any such owner of a beneficial freehold interest less than the fee-simple shall be allowed; and the value thereof shall be computed in the same manner as if his interest was an estate in fee-simple, in addition to and independently of the votes (if any) of the persons entitled in remainder.
415 Powers of assembled owners.
Ibid., s. 340
The assembled owners of any Native freehold land shall have in respect thereof the powers conferred by this Part of this Act.
416 Board may summon a meeting of owners.
Ibid., s. 341
(1)
A meeting of the owners of any Native freehold land may at any time, on the application of any such owner or of any person interested, and shall, on the direction of the Native Minister, be summoned by the Board of the district in which that land is situated.
(2)
Every such meeting shall be held at such time and place as the Board appoints, and shall be summoned in manner prescribed by regulations.
(3)
No meeting duly summoned in the prescribed manner, and no resolution passed thereat, shall be invalidated or otherwise affected by the circumstance that any owner has not in fact received notice of the holding of that meeting.
417 Procedure at any such meeting.
Ibid., s. 342 1913, No. 58, s. 105
(1)
The procedure of any such meeting shall, save so far as determined by this Act, be determined by regulations.
(2)
An owner may attend and vote at any such meeting either personally or (so far as, and in such manner as, the regulations permit or require) by a proxy appointed by him in writing.
(3)
Any owner who is under disability and for whom a trustee is in office under Part X of this Act shall, for the purposes of this Part of this Act, be represented by his trustee, who may attend, vote, and act at any meeting, either personally or by a proxy, in the same manner and on the same conditions as if he was an owner.
(4)
The successor of a deceased owner shall not be entitled to attend or vote at any such meeting until and unless a succession order has been made in his favour.
(5)
No person shall act as proxy at any such meeting after the death of the person who has given the proxy.
(6)
No person who is not beneficially interested in the land the subject of a resolution shall act as proxy for any owner at such meeting.
(7)
At any such meeting five owners present or represented thereat shall constitute a quorum.
(8)
The President of the Board, or some person appointed by the President for that purpose, shall be present at every such meeting and shall keep a record of the proceedings thereof, and is hereinafter referred to as the representative of the Board.
418 Voting at any such meeting.
1909, No. 15, s. 343
Every resolution which a meeting of assembled owners is authorized by this Act to pass with respect to the land owned by them shall be deemed to be carried if the owners who vote in favour of the resolution own a larger aggregate share of the land affected thereby than the owners who vote against the resolution.
419 Resolutions to be in writing and signed.
Ibid., s. 344
(1)
Every such resolution shall be reduced to writing, and shall be authenticated in manner prescribed by regulations.
(2)
Any owner, trustee, or proxy who voted against the resolution may, if he so desires, sign a memorial of dissent in the presence of the representative of the Board.
420 Resolutions to be reported to the Board.
Ibid., s. 345
So soon as practicable after the holding of any such meeting, the representative of the Board shall, in writing under his hand, report the result thereof to the Board, and shall deposit among the records of the Board a statement under his hand of the proceedings of the meeting, together with every written resolution and memorial of dissent.
421 Board may require security for calling subsequent meeting for same matter.
1915, No 63, s. 4
Where the assembled owners of any land have rejected any resolution under paragraph (d) of section four hundred and twenty-two of this Act proposed at the instance of any intending purchaser, lessee, or licensee no further meeting of such owners shall be convened at the instance of the same person either alone or in conjunction with others for a period of twelve months unless such person shall deposit with the Board such sum as to the Board shall appear reasonable to meet the expenses of owners attending such meeting. Any sum so deposited with the Board, or any part thereof, may be paid by the Board to such of the owners as the Board shall consider justly entitled thereto, and any balance not so paid to the owners shall be repaid to the person who shall have deposited the same.
422 Resolutions which may be passed by assembled owners.
1909, No. 15, s. 346 1913, No. 58, s. 101 1915, No. 63, s. 6
The assembled owners of any land may pass in manner aforesaid any one or more of the following resolutions: —
(a)
That the land or any part thereof shall be leased by the Board under Part XVI of this Act:
(b)
That the owners of the land or any part thereof shall, either by themselves or in conjunction with the owners of any other land, become incorporated under Part XVII of this Act:
(c)
That an offer made by the Crown to purchase or lease the land or any part thereof, or to exchange Crown land therefor or for any part thereof, shall be accepted:
(d)
That a proposed alienation of the land or any part thereof (other than to the Crown) shall be agreed to:
(e)
That out of any rent, or out of any accumulated funds, or out of any moneys whatsoever due or payable to the beneficial owners of any land (including land vested in a Maori Land Board, or in the East Coast Commissioner, or in any trustee), the Board, or any person by whom any such moneys are held or to whom or by whom any such moneys are payable on behalf of the owners, may retain and pay for patriotic purposes or other purposes approved by the Native Minister such amount and to such fund as shall be specified in such resolution. Before any such amount shall be paid the approval of the Native Minister shall be obtained.
423 Crown dealings protected.
1913, No. 58, s. 104
(1)
When the Crown shall have purchased or leased an undivided share, or any estate or interest, in any Native freehold land, no resolution shall affect the interest so sold or leased to the Crown.
(2)
A contract for sale or lease shall for the purposes of this subsection be deemed to be a sale or lease, as the case may be, and the vote of any person having contracted to sell his interest to the Crown shall not be taken into account on any resolution of assembled owners, except in favour of a sale or lease to the Crown.
424 Notice of proposed resolutions to be given.
1909, No. 15, s. 347
(1)
Every notice issued by the Board and calling a meeting of the assembled owners shall set forth the substance of every such resolution as aforesaid which is to be proposed at the meeting, and no such resolution of which no notice has been so given shall be proposed at the meeting.
(2)
Notice may be so given of several resolutions, whether alternative or concurrent.
425 Resolutions to be confirmed or disallowed by the Board.
Ibid., s. 348
(1)
On any such resolution as aforesaid being passed and reported to the Board, the Board shall take the same into consideration, having regard to the public interest and to the interests of the owners, and may either—
(a)
Confirm the resolution; or
(b)
Disallow the resolution; or
(c)
From time to time postpone the further consideration thereof in order to afford to the owners who have not consented to the resolution an opportunity of applying to the Native Land Court for a partition of their shares.
(2)
If the further consideration of the resolution is so postponed, the Board shall, so soon thereafter as it thinks fit, and notwithstanding the fact that applications for partition may be then pending, take the resolution into further consideration, and either disallow the same or confirm it with respect to the residue of the land, after deducting all shares which have been cut out by way of partition.
426 Partition on postponement of resolution.
1913, No. 58, s. 100 1915, No. 63, s. 4 1917, No. 25, s. 2 1922, No. 48, s. 5
(1)
It shall be the duty of the Board, in case it shall have decided to postpone the further consideration of the resolution, to apply to the Court forthwith, after such postponement, to have the land the subject-matter of such resolution partitioned between the dissentient owners and the owners not dissenting.
(2)
In the case of such postponement any owner not dissenting in writing to the Board within seven days after the passing of a resolution shall be deemed to have consented thereto.
(3)
No resolution shall be confirmed by the Board until after the expiration of seven days from and exclusive of the day when the same was passed.
(4)
The President of the Board may, if he thinks fit so to do, after the expiration of seven days from the date of the passing of any resolution exercise the jurisdiction conferred by this Act and proceed to partition any land the subject-matter of a resolution between the dissentient owners and the owners consenting to the resolution.
(5)
Excepting in cases where confirmation of a resolution of assembled owners is postponed by reason of delay incident to partition of the lands affected by such resolution, no such resolution shall be confirmed after the expiration of twelve months from the day on which the resolution was passed at the meeting of assembled owners, and on the expiration of such period of twelve months such resolution shall be deemed to have lapsed.
(6)
If within a reasonable time after a resolution of assembled owners has been confirmed any condition on which confirmation was granted is not complied with, the Board may, after notice to the party in default, and in default of satisfactory explanation, rescind and annul such confirmation.
(7)
The Board may, when granting conditional confirmation, fix a time within which all conditions shall be complied with.
427 No resolution to be confirmed if Natives are rendered landless thereby.
1909, No. 15. s. 349 1915, No. 63, s. 7
(1)
No such resolution shall be confirmed by the Board if the Board is of opinion that any Native owners of the land affected thereby will by reason thereof become landless within the meaning of this Act, excepting in cases where it appears to the satisfaction of the Board that the land which is the subject of alienation is not, having regard to all the circumstances, likely to be a material means of support to such Natives, and excepting in cases where the Natives alienating are qualified to pursue some avocation, trade, or profession, or are otherwise sufficiently provided with a means of livelihood.
(2)
In any such case the Board may, in lieu of disallowing the resolution, postpone the further consideration thereof for such period as it thinks fit, and may in the meantime make application to the Court to cut out, by way of partition, the share of any Native who would otherwise become landless as aforesaid.
(3)
On the further consideration of the resolution, if it appears to the Board that, by reason of any partition so effected by the Court, the resolution is fit to be confirmed with respect to the residue of the land affected thereby, or if for any other reason there is no longer any objection to the confirmation of the resolution, it may confirm the same accordingly.
428 Terms of alienation may be modified.
1922, No. 48, s. 25
The Board may, in carrying out any resolution of the assembled owners confirmed by it, stipulate for such terms, conditions, and provisions as it shall think to be in the interests of the Native owners, including the increase of rent or purchase-money, allowing portion of the purchase-money to remain on mortgage, payment of interest, or otherwise howsoever, although such terms, conditions, and provisions may not be stated in the resolution so confirmed.
429 Duty of Boards to protect Native burial places.
1930, No. 29, s. 17
It shall be the duty of a Board in proceedings under this Part of this Act to make inquiry as to whether there is any Native burial-ground situate upon the land the alienation of which is being effected, and, if so, to take steps to protect such Native burial-ground either by excepting it from the alienation or by such other means as to the Board shall seem sufficient for the purpose.
430 Board may define the boundaries of the land affected by a resolution.
1909, No. 15, s. 350
(1)
When any resolution of the assembled owners does not sufficiently define the boundaries of the land affected thereby the Board shall take such steps as it thinks necessary to ascertain those boundaries as nearly as may be in accordance with the true intent of the resolution, and shall in its confirmation of the resolution define the boundaries of the land as so ascertained, and the resolution shall take effect accordingly.
(2)
Any such definition of boundaries may from time to time be amended by the Board in writing under its seal, and the resolution shall on any such amendment take effect with respect to the boundaries as so amended.
(3)
Subject to the aforesaid powers of amendment every such definition by the Board of the boundaries of the land affected by a resolution of assembled owners shall be final and conclusive, except so far as it erroneously includes any land not owned by the assembled owners at the date of the passing of the resolution.
431 Mode of confirmation.
1909, No. 15, s. 351
Every confirmation of a resolution shall be in writing under the seal of the Board.
432 In pursuance of a confirmed resolution the Governor-General may declare land to be subject to Part XVI of this Act.
Ibid., s. 353
(1)
On the confirmation of any such resolution as is referred to in paragraph (a) of section four hundred and twenty-two of this Act, the Governor-General may, if he thinks fit, by Order in Council declare that the land affected by the resolution shall be subject to Part XVI of this Act as from the date of the Order; and the land shall thereupon, and at all times thereafter while the Order in Council remains in force, remain subject to that Part of this Act accordingly, and all the provisions thereof shall apply in the same manner as if the land was subject to the said Part XVI by virtue of that Part of this Act. Such Order in Council may at any time be revoked wholly or in part.
(2)
Every such Order in Council shall be conclusive proof that all conditions precedent to the making thereof have been duly fulfilled, and the validity of any such Order shall not be questioned in any Court.
433 In pursuance of a confirmed resolution the Native Land Court may make an order of incorporation under Part XVII of this Act.
Ibid., s. 354
On the confirmation of any such resolution as is referred to in paragraph (b) of section four hundred and twenty-two of this Act, the Board may apply to the Court for an order of incorporation of the owners of the land affected by the resolution, and the Court may, if it thinks fit, and if the requirements of Part XVII of this Act are fulfilled, make an order of incorporation under that Part of this Act accordingly.
434 No resolution to sell land to the Crown to be passed until an offer to purchase has been made by the Crown.
Ibid., s. 355
(1)
Before any meeting of assembled owners is summoned to pass any such resolution as is referred to in paragraph (c) of section four hundred and twenty-two of this Act, an offer by the Crown to purchase the land, or to exchange Crown land therefor, shall be submitted to the Board under the hand of the Native Minister, and the offer so submitted shall set out all the material terms of the proposed purchase or exchange.
(2)
The Board shall thereupon summon a meeting of the owners to consider the offer.
(3)
The assembled owners may accept the offer subject to any modifications determined upon by the resolution of acceptance, and the terms of the offer, with any such modifications, shall be set out in the written resolution.
(4)
If the Board co the resolution, the resolution shall then be submitted by the Board to the Native Land Purchase Board (hereinafter mentioned), and all such further proceedings may be taken therein as are authorized by Part XIX of this Act in that behalf.
435 In pursuance of a confirmed resolution the Board may, as the agent of the owners, execute an instrument of alienation.
Ibid., s. 356 1915, No. 63, s. 3
(1)
No meeting of assembled owners shall be summoned under this Part of this Act to pass any such resolution as is referred to in paragraph (d) of section four hundred and twenty-two of this Act (relating to the approval of a proposed alienation), except upon the written application of some party to the proposed alienation, who shall at the same time pay to the Board the prescribed fee.
(2)
The application shall contain a statement of all the material terms and conditions of the proposed alienation.
(3)
The application shall then be considered by the Board, and if it is of opinion that the proposed alienation is one which may lawfully be made, and which is not contrary to the public interest or to that of the Native owners, the Board may call a meeting of the owners to consider the proposal. No such approval by the Board of any application shall take away or affect the right of the Board to disallow any resolution of acceptance passed by the assembled owners.
(4)
The proposal may be accepted by the assembled owners either with or without modifications, and the terms of the proposal as so accepted shall be set out in the written resolution.
(5)
If the resolution is confirmed by the Board with respect only to the residue of the land after the cutting-out of the shares of any of the owners under the provisions in that behalf hereinbefore contained, the Board may so confirm the same, subject to any modifications which in the opinion of the Board are rendered just or necessary by reason of that circumstance.
(6)
On the confirmation of any such resolution the Board shall become, without further authority than the resolution, the agent of the owners for the time being to execute in the name of the Board an instrument of alienation in accordance with the terms of the resolution as so confirmed, and the owners shall not be competent to revoke the authority of the Board in that behalf.
(7)
Every such instrument of alienation may contain all such terms, conditions, and provisions as are consistent with the resolution confirmed and with this Act, and as are agreed upon between the Board and the other parties to the instrument other than the owners.
(8)
No such instrument of alienation shall be executed by the Board until the Board is satisfied by statutory declaration and (if the Board thinks fit) by such further evidence as it may require—
(a)
That no person acquiring an interest under such alienation is prohibited from acquiring that interest by Part XII of this Act:
(b)
That no person acquiring any such interest is acting or has within the period of twelve months immediately prior to the date of such declaration acted as the agent of any other person for or in relation to the acquisition of the land affected by such alienation.
(9)
If any person shall knowingly and wilfully mislead the Board, either by declaration or otherwise, as to the matters required by this section, he shall be guilty of an indictable offence, and shall be liable to the same penalties as are imposed by section two hundred and fifty-four of this Act for a breach of the provisions of Part XII hereof.
(10)
The resolution or the confirmation thereof shall not be deemed to constitute a contract or to impose any obligation upon the owners, or upon the Board, or upon any party to the proposed alienation, to carry the same into effect.
(11)
Every instrument of alienation executed in accordance with the foregoing provisions by the Board as the agent of the owners shall, without confirmation under Part XIII of this Act, have the same force and effect, and may be registered in like manner, as if it had been lawfully executed by all of the owners or their trustees, and as if those owners or trustees had been fully competent in that behalf. The production of any certificate of title issued in respect of the land affected by the instrument of alienation shall not be necessary for the registration of that instrument.
(12)
Every instrument of alienation so executed by a Board shall contain a statement or recital that the Board is duly authorized to execute the same as the agent of the owners under this Part of this Act, and every such statement or recital shall be accepted by the District Land Registrar and by all Courts as sufficient prima fade evidence of the facts so stated or recited.
(13)
Except as against a person guilty of fraud no instrument of alienation executed by the Board as the agent of the owners under this section shall be invalidated by any breach or non-observance of the provisions of this Part of this Act prior to the confirmation of the resolution by the Board, or by any repugnancy between the terms of the resolution and the terms of the instrument of alienation executed in pursuance thereof.
(14)
This section shall extend and apply with all necessary modifications to any case in which the land so to be alienated is already vested in the Board under Part XIV or Part XV of this Act.
436 Native Land Court may cancel a resolution if not acted on within a reasonable time.
1909, No. 15, s. 359
If in the opinion of the Court any resolution passed by the assembled owners is not confirmed by the Board and carried into effect by an Order in Council, order of incorporation, or instrument of alienation, as the case may be, within a reasonable time after the date of the resolution, the Court may by order annul the resolution, and thereupon the resolution shall become null and void accordingly. No appeal shall lie from any such order.
437 Board may enforce covenants of lease.
1920, No. 63, s. 5
Whenever the rent or any part thereof payable under any lease issued under this Part of this Act, whether the same shall have been legally demanded or not, is in arrear for any period exceeding one month from the due date thereof, the Board shall have power to sue for and recover such arrears of rent in any Court of competent jurisdiction; and whenever the lessee has failed to perform or observe any of the covenants, conditions, or stipulations contained or implied in such lease, and on the part of the lessee to be observed and performed, the Board shall have power, subject to the provisions of sections ninety-three to ninety-six of the Property Law Act, 1908, to re-enter upon the demised premises (or any part thereof in the name of the whole) and thereby determine the estate therein of the lessee, his executors, administrators, or assigns, but without releasing him or them from liability in respect of the breach or non-observance of any such covenant, condition, or stipulation.
Part XIX Acquisition of Native Land by the Crown
438 Interpretation.
1913, No. 58, s. 109
(1)
In this Part of this Act—
“Land”
means—
(a)
Native freehold land;
(b)
Land held as a Native reserve, and lands held in trust for any Native; and
(c)
Land which has become European land under section two hundred and eight of the Native Land Act, 1909, or the corresponding provisions of this Act;
and includes any undivided share, estate, or interest held in joint tenancy or tenancy in common, and any estate, right, or interest held in severalty, and includes the legal estate in any such land, estate, right, share, or interest, and every equitable, beneficial, or statutory estate, right, share, or interest (whether vested or contingent) therein respectively, or in the revenue, income, or proceeds of or from any land, notwithstanding that by the operation or effect of any trust to which any land is subject the same shall be deemed to be converted into personal estate:
“Owner” includes every Native and European owner of or person entitled to any estate, right, share, or interest in land as herein defined:
“Trustee” includes every person, Board, corporate body, or corporation sole in whom any land is vested in trust or to be administered for the benefit of any Native or Natives, or in whom any power of alienation is vested:
“Trust” includes every trust, whether created, declared, or regulated by Act, deed, will, or otherwise howsoever:
“Share” includes undivided share, whether legal, equitable, beneficial, or statutory, vested or contingent.
439 Restrictions on alienation of Native land not to apply in the case of the Crown.
1909, No. 15, s. 360
Save so far as otherwise expressly provided in this Act, none of the restrictions, prohibitions, conditions, or requirements imposed by this Act upon the alienation of land or the acquisition of interests therein shall apply to the alienation of such land, or the acquisition of such interests, to or by the Crown.
440 Native Land Purchase Board established.
Ibid., s. 361
(1)
For the purposes hereinafter provided there shall be a Board called the Native Land Purchase Board, consisting of the Native Minister, the Under-Secretary for Crown Lands, the Under-Secretary of the Native Department, and the Valuer-General.
(2)
Meetings of the Board may be summoned by the Native Minister, who, if present, shall preside at every such meeting.
(3)
Three members of the Board shall constitute a quorum.
(4)
The Board shall have power to make rules for governing its own procedure.
441 Acquisition of Native land to be effected by the Native Land Purchase Board.
Ibid., s. 362
The duty of the Native Land Purchase Board shall be to undertake, control, and carry out all negotiations for the acquisition of land by the Crown and the performance and completion of all contracts so entered into by the Crown in respect thereof.
442 Pending a purchase by the Crown, the Governor-General may prohibit alienation.
Ibid., s. 363 1913, No. 58, s. 111
(1)
When any contract has been made for the acquisition by the Crown of any land or of any interest therein, or when any negotiations are contemplated or in progress with a view to making any such acquisition, the Governor-General may, on the recommendation of the Native Land Purchase Board, make an Order in Council prohibiting all alienations of that land other than alienations in favour of the Crown.
(2)
Any Order in Council under this section may be at any time varied or revoked.
(3)
Every Order in Council under this section shall be gazetted and shall remain in force notwithstanding that the land may be partitioned or the ownership of any part thereof may change.
443 Alienations so prohibited to be void.
1909, No. 15, s. 364
(1)
Any alienation of land made in breach of any such Order in Council after the gazetting thereof, except an alienation made in pursuance of a valid contract theretofore made, shall be absolutely void.
(2)
Nothing in this section shall prevent the confirmation of an alienation effected by any instrument executed before the gazetting of the Order in Council.
444 Negotiations for a prohibited alienation an offence.
Ibid., s. 365
(1)
Every person who (not being a duly authorized agent of the Crown in that behalf), after the gazetting of any such Order in Council, and during the currency thereof, and with notice thereof, enters into or continues (whether on his own behalf or on behalf of any other person) any negotiations for the alienation of the land affected by the Order shall be guilty of an offence, and shall be liable, on summary conviction before a Stipendiary Magistrate, to imprisonment for three months or to a fine of two hundred pounds.
(2)
This section shall extend and apply to an incorporated company or other body corporate, and any such company or other body corporate shall be liable, on summary conviction before a Stipendiary Magistrate, for any such offence as aforesaid to a fine of five hundred pounds.
(3)
In any prosecution for an offence against this section notice of the Order in Council shall be presumed unless the contrary is proved by the defendant.
445 Crown may acquire land.
1913, No. 58, ss. 107, 108, 109
(1)
Notwithstanding anything contained or implied in any part of this Act, and notwithstanding anything contained or implied in any other Act, the Crown may purchase, lease, or otherwise acquire any land as hereinbefore defined from the owner or owners thereof, or from incorporated owners, or from or in pursuance of any resolution of assembled owners, or from any trustee, in whom respectively the said land or any power of alienation shall be vested at law or in equity, and whether by or in pursuance of any statute, deed, will, or otherwise howsoever.
(2)
Every owner of any legal, equitable, beneficial, or statutory estate, right, share, or interest in any land, and the assembled owners of any land, and every trustee in which the same or any power of alienating the same shall be vested, may alienate the same as aforesaid to the Crown, whether such land be held under a trust with power of alienation or with prohibition against alienation or any mode or form or extent of alienation or not, and notwithstanding any limitations or restrictions on any power of alienation.
446 Provision where land held upon trust.
Ibid., s. 109
(1)
Where any land is held upon trust any instrument of disposition or alienation to the Crown of any equitable, beneficial, or statutory right, share, or interest therein shall, when duly executed by the owner or owners thereof, be registrable against the title to the land in respect of which such right, share, or interest is disposed of or alienated; and the legal estate in respect of such right, share, or interest shall pass to the Crown as fully and effectually as if such instrument of disposition or alienation had been duly executed by the trustee in whom the land is vested at law under an adequate power of alienation.
(2)
If the trust under which any land acquired by the Crown is held confers no power of sale or lease, or a limited or qualified power of sale or lease, the Crown may pay the purchase - money or rent payable under any alienation or disposition or any part thereof to the trustee of such land; and any purchase - money so paid shall be held by such trustee with such powers of investment as may from time to time be conferred and prescribed by the Governor-General in Council by regulations under this Act, and upon trust to apply the net income from such investment as if the same were the net income from the land so acquired by the Crown. In the case of a lease of lands in excess of the powers of leasing conferred by the trusts under which the land is held, the rents payable thereunder shall be applied as if the powers of leasing conferred by the trusts were unlimited.
(3)
The Board for the district in which such land is situated shall, after due inquiry into the circumstances of the Native owner of the land alienated, determine what part (if any) of the proceeds of any alienation of land held upon trust and acquired by the Crown may, in the interest of the Native owner thereof, be paid to such owner, and what part shall be invested as aforesaid, and the purchase-money shall be paid or applied accordingly.
447 Provision where land vested in Native Trustee or Maori Land Board.
1913, No. 58, s. 109
(1)
The Native Trustee shall not exercise the power of alienation conferred by this Act in respect of any Native reserve without the written consent and concurrence of the beneficial owner of the share or interest alienated.
(2)
In cases where lands are now vested in a Maori Land Board without power of sale, the Board shall not exercise the power of sale conferred by this Act in respect of such land excepting either in pursuance of a resolution of assembled owners or with the consent and concurrence of the beneficial owner of the share or interest sold.
(3)
Any acquisition may be effected by way of private contract, without auction or public tender, and may be effected upon such terms and conditions as are agreed upon between the Maori Land Board and the Native Land Purchase Board.
448 Crown may acquire undivided shares in Native land.
1909, No. 15, s. 371
All the provisions of this Part of this Act relating to the acquisition of land by the Crown shall apply in like manner, with all necessary modifications, to the acquisition by the Crown of any undivided share in land, or of any interest in such land, whether legal or equitable, and whether vested in a Native or in a European, and any such share or interest may be acquired and paid for, whether any other shares or interests in the land are acquired or not.
449 How acquisition may be effected.
Ibid., s. 369
(1)
Every instrument of alienation or other assurance executed by a Native under the authority of this Part of this Act shall be executed in the same manner as if it was an instrument of alienation of Native land in favour of a private person, but no such instrument shall require confirmation by a Maori Land Board.
(2)
No such instrument of alienation, if duly registered under the Land Transfer Act, 1915, shall thereafter be questioned or invalidated on the ground of any error, irregularity, or defect in the mode of execution thereof.
450 Crown may purchase from assembled owners.
1909, No. 15, s. 368
(1)
The Crown may purchase any land in pursuance of a resolution of the assembled owners passed and confirmed in accordance with Part XVIII of this Act, whether the land so purchased is vested in a Maori Land Board, or in a body corporate of the owners, or in the owners themselves, or otherwise howsoever.
(2)
When any such resolution has been confirmed and submitted to the Native Land Purchase Board in pursuance of the provisions of Part XVIII of this Act, the said Board shall take the same into consideration, and may by order either adopt or reject the resolution.
(3)
On the resolution being so adopted by the Native Land Purchase Board it shall become a contract of purchase as between the Crown and all persons who are then the owners of the land within the meaning of Part XVIII of this Act, and shall have the same force and effect as if it had been made between the Crown and all of those owners, and as if they had all been fully competent in that behalf.
(4)
At any time after a contract of purchase has been so made between the said owners and the Crown, the Governor-General may by Proclamation declare that the land so purchased is vested in His Majesty the King, and it shall vest accordingly, and shall become Crown land subject to the Land Act, 1924, free from all right, title, estate, or interest of the said owners, or of their successors in title, or of any trustee for them, in the same manner as if all such persons had executed all necessary transfers and other instruments of assurance, and had been fully competent in that behalf, but subject nevertheless to all rights or interests, whether legal or equitable, vested at the date of the Proclamation in any person other than those owners, successors, or trustees.
(5)
A Proclamation purporting to be made in pursuance of the foregoing provisions shall be conclusive proof that all conditions precedent to the making thereof have been duly fulfilled, and the validity of such a Proclamation shall not be questioned in any Court, but any such Proclamation made in error may be at any time amended or revoked by the Governor-General.
(6)
Any such Proclamation may be registered under the Land Transfer Act, 1915, against the title of the land affected thereby.
451 Leases of Native land to the Crown.
1913, No. 58, s. 115
It shall be lawful for the Native Minister, in the name of and on behalf of the Crown, to accept a lease of any land as defined by this Part of this Act, for such term of years, at such rents, and upon such terms and conditions as to payment of rent, renewal, compensation for improvements, or otherwise howsoever, as to the Native Land Purchase Board shall seem proper. Any such lease may be upon terms that the Crown shall have the option or right to purchase the freehold in fee-simple of such land at such price and upon such terms as shall be specified in such lease.
452 Crown not to purchase at a price less than the value as assessed under the Valuation of Land Act, 1925.
1909, No. 15, s. 372
(1)
No interest of a Native in land shall be purchased by the Crown under the authority of this Part of this Act at a price which is less than the amount at which the capital value of that interest is valued under the Valuation of Land Act, 1925, in the district roll which is in force under that Act at the time of the contract of purchase.
(2)
If no such valuation is then in force, the Native Land Purchase Board shall require the Valuer-General to make a special valuation of the interest proposed to be acquired, and the interest shall not be purchased at a less price than the amount at which it is so valued.
(3)
No purchase shall be invalidated by any disregard of the requirements of this section, but the deficiency in the purchase-money shall constitute a debt due by the Crown to the owner of the interest, and recoverable accordingly in proceedings instituted within two years after that interest has become legally vested in the Crown.
453 Crown not to purchase so as to render any Native landless.
1909, No. 15, s. 373 1913, No. 58, s. 91
(1)
Save in the case of a purchase made in pursuance of a resolution of the assembled owners duly confirmed under Part XVIII of this Act, or where the land which is the subject of alienation is not, having regard to all the circumstances, likely to be a material means of support to such Native, and excepting in cases where the Native alienating is qualified to pursue some avocation, trade, or profession, or is otherwise sufficiently provided with a means of livelihood, a purchase of an interest in land shall not be made by the Native Land Purchase Board unless the Board is satisfied that no Native will become landless within the meaning of this Act by reason of that purchase; and it shall be the duty of the Board to make due inquiry in that behalf.
(2)
No purchase shall be invalidated by any breach of the requirements of this section.
454 Native land purchased by the Crown to be deemed Crown land.
1914, No. 63, s. 14 1924, No. 45, s. 6 1925, No. 40, s. 11
(1)
Whenever the Governor-General is satisfied that the purchase of any land has been duly completed by or on behalf of the Crown under the authority of this Act, the Governor-General may issue a Proclamation that such land has become Crown land, and from the date of such Proclamation the land therein described shall be conclusively deemed to be Crown land, and shall thereafter be administered and dealt with accordingly. Such Proclamation shall be registered by the District Land Registrar or Registrar of Deeds, as the case may be, without the production of any instrument of disposition thereof to the Crown.
(2)
A Proclamation made under this section shall be conclusive as to its own validity, and shall not be questioned in any Court, whether on the ground of want of jurisdiction or otherwise; but any such Proclamation made in error may be at any time amended or revoked by the Governor-General.
(3)
All such land shall nevertheless continue to be subject to any lease, license, charge, or particular or limited estate or interest in existence and vested in or enuring to the benefit of any person at the date of the purchase, and not acquired by or surrendered to the Crown.
(4)
For the purpose of protecting or preserving any interest referred to in subsection three hereof, and notwithstanding that any such land has been proclaimed Crown land, any valid lease or instrument dealing with the said land and executed by any former owner thereof, before the said land was so proclaimed Crown land, may, with the consent of the Native Minister, be registered by the District Land Registrar against the title of the said land, and shall thereupon enure to the benefit of the person entitled accordingly.
(5)
Upon the registration of any such instrument, a certificate by the Registrar of the Native Land Court that the person executing any such instrument was at the date thereof entitled to an interest in the land, and specifying the extent of the interest of the person so executing the instrument, and the area of the land affected by such instrument, shall be accepted by the District Land Registrar as sufficient proof of the matter therein contained.
(6)
This section shall apply to any land (whether Native or European) the freehold of which is vested in the Crown under any Part of this Act and notwithstanding the definition of land under this Part of this Act.
455 Crown may determine any lease of Native land purchased.
1909, No. 15, s. 375
(1)
If any land so purchased by the Crown remains subject to any lease or license, the Minister of Lands may, if in his opinion the land is required for immediate settlement, determine that lease or license by notice under his hand delivered to the lessee or licensee, and to all persons having any legal estate or interest in the lease or license.
(2)
The lessee or licensee and all other persons having any estate or interest in the lease or license so determined shall thereupon be entitled to compensation in accordance with the Public Works Act, 1928, in the same manner as if the land had been European land taken by the Crown for a public work, and all the provisions of the said Act shall, with all necessary modifications, and so far as applicable, apply accordingly.
(3)
Every claim for compensation under this section must be made within twelve months after the determination of the lease or license in pursuance of the notice aforesaid.
456 Payment of purchase-money by the Crown.
Ibid., s. 376
(1)
Any money payable to Natives in respect of any acquisition under this Part of this Act may, as the Native Land Purchase Board thinks fit, be paid either—
(a)
To the Natives entitled to that money; or
(b)
To the Native Trustee or a Maori Land Board on behalf of those Natives, to be paid to them in accordance with their interests or in accordance with the orders of the Court; or;
(c)
To the Court, on behalf of those Natives, to be paid out of Court in accordance with the orders of that Court.
(2)
This section shall extend and apply to purchases of land vested in an incorporated body of owners, but shall not apply to a purchase of land vested in a Maori Land Board; and in the last-mentioned case the purchase-money shall be payable to the Board, and not otherwise.
457 Money to be appropriated by Parliament.
Ibid., s. 377
All moneys required for the acquisition of land by the Money to be Crown under this Act, or for the administration of this Part of this Act by the Crown, shall be paid out of moneys appropriated by Ibid., s. 377 Parliament for that purpose, or otherwise available for that purpose under the provisions of this Act.
458 Existing negotiations may be completed.
ibid., s. 378
(1)
All negotiations for the purchase of land by the Crown Existing negotiations may which are pending at the commencement of this Act may be completed be completed either in accordance with this Act or in the same manner as if this ibid., s. 378 Act had not been passed.
(2)
A certificate under the hand of the Native Minister that any negotiations for the acquisition of land were pending at the commencement of this Act shall for all purposes and in all Courts be accepted as conclusive evidence of the fact so certified.
Exchange of Native for Crown Land
459 Crown may exchange Crown land for Native land.
1909, No. 15, s. 380
All the provisions of this Part of this Act shall apply to an exchange of land for Crown land (whether with or without the payment of any money by the Crown by way of equality of exchange) in the same manner, with all necessary modifications, as to the purchase of Native land by the Crown; and for this purpose the term “purchase,”
when used in this Part of this Act, shall be construed, unless the context otherwise requires, as including any such exchange as aforesaid.
460 Money to be paid by way of equality of exchange.
Ibid., s. 381
No such exchange shall be effected until and unless the lands so to be exchanged have been valued by the Valuer-General in accordance with the Valuation of Land Act, 1925; and if the capital value of the land as so determined exceeds the capital value of the Crown land as so determined, the difference in value shall be paid by the Crown by way of equality of exchange.
461 Exchange to be approved by the Minister of Lands.
Ibid., s. 382
No negotiations for the exchange of Crown land for land shall be undertaken by the Native Land Purchase Board without the prior consent in writing of the Minister of Lands.
462 Certain Crown lands not to be exchanged.
Ibid., s. 383
No Crown land shall be so exchanged for land except Crown land which is open, or which is capable of being opened, for selection under Part III of the Land Act, 1924.
463 Crown land exchanged for Native land to become Native land.
Ibid., s. 384
Any Crown land which is so exchanged for Native freehold land shall become Native freehold land, anything in this Act to the contrary notwithstanding.
464 Governor-General may issue his Warrant in respect of Crown land exchanged for Native land.
Ibid., s. 385
When any Crown land is so exchanged for land, the Governor-General may issue his Warrant under the Land Transfer Act, 1915, for the issue of a certificate of title thereto, and the Warrant shall set forth the fact that the land is granted by way of exchange for Native land (where such is the case); and the District Land Registrar shall place on the certificate of title issued in pursuance of that Warrant a memorial under his hand that the land has been so granted by way of exchange and is Native land accordingly.
465 Crown land exchanged for Native land vested in Board or trustee to vest in that Board or trustee.
Ibid., s. 386
If any land so exchanged for Crown land is vested in a Maori Land Board or in any other trustee in trust for the beneficial owners thereof, the Crown land so granted in exchange, together with any money paid by way of equality of exchange, shall be granted and paid to that Board or other trustee to be held on the same trusts as the land exchanged.
466 Exchange of land acquired by Crown under this Act.
1913, No. 58, s. 114
In cases where it is desirable in the interests of the Crown to obtain practicable boundaries, or otherwise in the interests of settlement, any land acquired by the Crown under this Act may be exchanged for any European or Native land of at least the same area so that upon such exchange being effected the total area held by the person with whom such exchange shall be effected shall not exceed the area held by him immediately prior to such exchange. Any such exchange may be made with or without the payment of any money by way of equality of exchange as to the Native Land Purchase Board shall seem proper. On the completion of such exchange the Governor-General may, by Warrant, authorize the issue of a certificate of title of the lands exchanged by the Crown to the person entitled thereto.
Disposition of Land acquired
467 Native land acquired by Crown may be disposed of to Natives.
1929, No. 19, s. 10
(1)
Whenever, whether before or after the commencement of this Act, the Crown has become entitled, to an undivided share or other partial interest in any Native land, that share or interest may, subject to the provisions of subsection three hereof, at any time while the land continues to be Native land, be sold by the Crown to any Native, or to any Maori Land Board, or to the East Coast Commissioner, or to a body corporate under Part XVII of this Act, notwithstanding anything in this or any other Act to the contrary.
(2)
Whenever, whether before or after the commencement of this Act, the Crown has become the owner of any separate area of Native land, whether by way of purchase of that land or by way of purchase of an undivided share in Native land and a subsequent partition thereof, and whether the same has been proclaimed Crown land or not, the land so acquired, or any part thereof, may, subject to the provisions of subsection three hereof, with the consent of the Minister of Lands be sold by the Crown to any Native, or to any Maori Land Board, or the East Coast Commissioner, or a body corporate under Part XVII of this Act, notwithstanding anything in this or any other Act to the contrary.
(3)
No sale shall be made by the Crown under the provisions of this section except upon the recommendation of the Native Land Purchase Board; and any such sale shall be subject to all registered encumbrances and may be upon such terms and conditions as to the consideration, time, and mode of payment, whether by instalments or otherwise (including the right to permit the whole or any part of the purchase-money to remain upon mortgage), or otherwise howsoever, as the Native Land Purchase Board may from time to time by resolution determine.
(4)
Where the Native Land Purchase Board has approved of the sale of any land or interest in land as aforesaid, it shall not be necessary to execute any conveyance or transfer to the parties entitled, or to register any transfer to or from the Crown; but upon the application of the Native Minister, together with a certificate by him that the land or interest in land has been acquired by the Crown in manner aforesaid, and that the Native Land Purchase Board has approved of its disposal under the provisions of this section, the Court may make an order vesting the land or interest in land in the person entitled thereto for an estate of freehold in fee-simple, or, if more than one, then as tenants in common in the shares defined by the Court, and thereupon the land shall vest accordingly; or the Court may make an order vesting the land or interest in land in a Maori Land Board, the East Coast Commissioner, or a body corporate under Part XVII of this Act for an estate of freehold in fee-simple upon such trust or trusts as the Court shall from time to time determine and order, and the land or interest in land shall so vest accordingly, and any vesting order made under this section may be registered notwithstanding that a trust is disclosed. An order vesting land or an interest in land under this section shall have the same effect as if the land had been alienated from the Crown to the person named therein, and the land shall be deemed to be and become Native freehold land notwithstanding anything in this Act to the contrary.
(5)
If and whenever any land vested under this section is directed to be held upon trust by a Maori Land Board, such land shall be charged with the cost of acquisition, and with interest thereon at such rate as shall be determined by the Maori Land Board, together with any charges for administration and other expenses in connection with the land so vested.
(6)
The Court may from time to time, on the application of the Maori Land Board or other person holding upon trust any land disposed of under this section, make an order vesting the land, or any part thereof or interest therein, in the person for the time being beneficially entitled thereto for an estate of freehold in fee-simple, subject to any lease, encumbrance, charge, or lien to which the land described in the order is then subject, and the land or interest in land shall thereupon vest according to the tenor of the order.
468 Leased lands may be sublet.
1913, No. 58, s. 115
Upon the acquisition of any land by the Crown by way of lease the lands comprised therein may be subleased either as a whole or in allotments by the Land Board under the Land Act, 1924, which shall, with the necessary modifications, apply to such lands as if the same were Crown lands within the meaning of the Land Act, 1924. The form of sublease to be granted to tenants shall, as far as practicable, be based on the form of a renewable lease under the Land Act, 1924, and shall embody such modifications thereof, having regard to the length of the Crown’s tenure and the terms of the lease to the Crown, as to the Commissioner of Crown Lands shall seem just and proper.
469 Rights of tenants from the Crown.
Ibid., s. 116
Notwithstanding any provisions of the Land Act, 1924, every tenant holding of the Crown by sublease granted under the last preceding section shall have in respect of the lands comprised in his sublease the following rights, that is to say
(a)
He shall have as against the Crown the same right of compensation for improvements as the Crown shall have (if any) against the Native owners under the lease from them.
(b)
He shall have the same right of purchase from the Native owners as the Crown shall have (if any) as against the Native owners, but without prejudice to the right of the Crown to exercise any right or option to purchase as aforesaid, so long as such right shall not have been exercised by the tenant.
(c)
In case the Crown shall at any time during the currency of any sublease thereof acquire the freehold in fee-simple of the whole or part of the lands comprised in such sublease or of any undivided share or interest therein, the tenant for the time being holding immediately of the Crown under such sublease shall be entitled to a grant from the Crown of the freehold in fee-simple or of any undivided share therein so acquired by the Crown as aforesaid on payment by the tenant to the Receiver of Land Revenue of all rent due by him up to date of such payment (apportioned according to time), together with the actual price paid by the Crown and the cost to the Crown of acquiring the fee-simple or undivided share or shares so to be granted to the tenant.
(d)
It shall be lawful for any tenant holding under any sublease as aforesaid to acquire by purchase (with the consent of the Minister of Lands) at any time during the currency of his sublease the freehold in fee-simple of the lands comprised in his sublease, or any undivided share or interest in such lands.
(e)
At any time after a tenant holding under any sublease shall have effected permanent and substantial improvements on the lands leased of a value equal to one pound per acre thereof, and shall notify the Commissioner of Crown Lands that he desires to acquire and is prepared to pay for the freehold in fee-simple of such lands, then, if he shall deposit with the Commissioner a sum of money equal to ten pounds per centum of the Government valuation of the Native owners’ interest in the said lands, the Native Land Purchase Board shall, as soon thereafter as conveniently may be, negotiate with the Native owners for the acquisition of the freehold in fee-simple of the said land; and if the same or any undivided share therein shall be acquired by the Crown the provisions of paragraph (c) hereof shall apply:
Provided always that every grant from the Crown to any tenant under the foregoing provisions shall reserve to the Crown all minerals, oil, mineral gases, and coal, and the right to mine therefor or win and get the same; and provided further that in case any tenant as aforesaid shall acquire from the Native owners any interest in the fee-simple of the lands held by him under sublease from the Crown as aforesaid all minerals, oil, mineral gases, and coal the right to which would pass to the tenant under the alienation from the Native owners shall immediately on the said lands or any interest therein becoming vested in the tenant pass to and vest in the Crown, and the Crown shall have the sole right to mine for, win, and get all such minerals, oil, mineral gases, and coal.
(f)
A certificate under the hand of the Native Minister of the price and cost of acquisition of any land or share therein as aforesaid shall be conclusive evidence of the amount of such price and cost.
(g)
All the provisions of this Act with regard to limitation of area shall apply to subleases from the Crown under this section and to the acquisition of the freehold in fee-simple by the tenant under such sublease of the land comprised therein.
(h)
All rents or other moneys paid by tenants of the Crown under any sublease or under any of the foregoing provisions shall be paid into the Native Land Settlement Account.
(i)
All rents and purchase-moneys paid by the Crown to Native owners under the foregoing provisions shall be paid out of the Native Land Settlement Account.
470 Native owners may have right to purchase leasehold interests acquired by Crown.
1913, No. 58, s. 119
In case the Crown shall acquire any leasehold interest from the lessee of any Native freehold land the Native Minister may, with the consent of the Native Land Purchase Board, dispose of the same to Natives. The amount of the purchase-money shall be the cost to the Crown of acquiring such leasehold interest as certified by the Native Minister.
471 Tenant’s right of acquisition of reversion from the Crown.
Ibid., s. 110 1914, No. 63, s. 8 1927, No. 67, s. 21 1929, No. 19, s. 15
(1)
Whenever the Crown shall acquire the beneficial interest of any Native owner or owners of any land subject to a valid lease, or shall acquire the legal estate in the reversion of land subject to such lease, or of any share therein or in any part thereof, the tenant holding under such lease shall, subject to the provisions of subsection three hereof, have the following rights, that is to say: —
(a)
(i)
If the land comprised in such lease shall not exceed the maximum area which may lawfully be acquired by one person under this Act, and if the tenant shall not by reason of his holding other lands be a disqualified person within the meaning of Part XII of this Act, then such tenant shall be entitled, at his option, either to a renewable lease under Part III of the Land Act, 1924, of such land or of every share or interest therein acquired by the Crown, as the case may be; or, if he shall so elect, he shall have the right to acquire from the Crown the freehold in fee-simple of the land comprised in his lease or of every share and interest acquired by the Crown, as the case may be, excepting all minerals, oil, and mineral gases, and coal, and the right to mine therefor and win and get the same respectively. The tenant shall in either case give to the Commissioner of Crown Lands notice in writing of his election, and he shall then be entitled to obtain such renewable lease at the rent to be ascertained as hereinafter provided, or, as the case may be, to acquire the freehold in fee-simple of the said land, or of such shares and interests as aforesaid, on payment to the Receiver of Land Revenue of the amount of the Government valuation of the said land, or shares, or interests to be made in accordance with the provisions of paragraph (f) hereof:
Provided always that if the said tenant shall hold under a lease containing any provision for payment of compensation for improvements, then he shall be entitled to acquire the freehold in fee-simple of the said land, or of such shares and interests therein as shall have been acquired by the Crown, at the amount of the Government valuation of the unimproved capital value thereof, to be made in accordance with the provisions of paragraph (f) hereof:
Provided further that if the tenant shall dispute the amount of the value of improvements on the said land according to the Government valuation thereof made as aforesaid, then he may require the value of all the improvements effected by him on the said land, or to which he is entitled, to be ascertained by arbitration in accordance with the provisions of the Arbitration Act, 1908, on giving notice in writing of such his desire to the Commissioner of Crown Lands; and if the Commissioner of Crown Lands and the tenant shall be unable to agree upon the value of the said improvements, then the amount thereof shall be ascertained by arbitration as aforesaid as between the tenant and the said Commissioner, and the award on such arbitration shall be final and conclusive as to the value of such improvements, and the purchase-money payable by the tenant shall be ascertained accordingly.
(ii)
The rental payable by the tenant under such renewable lease shall be at the rate of five per centum per annum on the value of the said land according to the Government valuation to be made under paragraph (f) hereof if the lease under which he holds shall not contain a provision for payment of compensation for improvements; and if the lease under which he holds shall contain such a provision, then such rental shall be computed on the unimproved value of the land comprised in his lease ascertained as aforesaid, subject to the provision for arbitration hereinbefore contained.
(b)
If the land comprised in such lease shall exceed the maximum area which may lawfully be acquired by one person under this Act; the tenant thereof shall have the right to select an area (including his homestead, if any, on the said land) not exceeding the maximum area which may be acquired by one person under this Act, subject to the approval of the boundaries of such selection by the Commissioner of Crown Lands; and on the boundaries of the land selected being approved by the Commissioner of Crown Lands the tenant shall have in respect of the land selected the same rights as are hereinbefore conferred on a tenant holding an area not exceeding the maximum area which one person may acquire under this Act. The cost of surveying such boundaries as aforesaid shall be undertaken or borne by the tenant.
(c)
In case the tenant in either of the cases provided for in paragraphs (a) and (b) hereof does not desire either to obtain a renewable lease or the freehold of his holding, or of the shares or interests acquired by the Crown therein, or to select an area as aforesaid, then if the lease under which he holds shall contain a provision for payment of compensation for improvements the Commissioner of Crown Lands shall on the expiration of his lease cause the said land to be offered by public auction or public tender either for lease or sale, and either as a whole or in allotments, on terms, in the case of the same being offered for lease, that the incoming lessee shall before the lease to him is executed pay in cash to the Commissioner of Crown Lands the value of all improvements on the land so leased, and on payment thereof the Commissioner of Crown Lands shall pay the same to the outgoing tenant; and in the case of a sale of the said land or any allotment thereof the Commissioner shall pay to the outgoing tenant, out of the purchase-money therefor, the value of the improvements on the land so sold.
(d)
In case the outgoing tenant shall not elect to exercise either his right of taking a renewable lease or his right of purchase as aforesaid, and in case he shall be unable to agree with the Commissioner of Crown Lands as to the value of the improvements to which he shall be entitled on a lease or sale by auction or tender of the said land, or of any allotment thereof, then the value of such improvements on the said land and on every allotment of the said land shall be ascertained by arbitration between the Commissioner and the outgoing tenant in the manner hereinbefore provided.
(e)
The Governor-General in Council may make regulations prescribing the mode and time of giving notices, the form of lease, the mode of issue of titles, mode of payment of purchase-money, and otherwise howsoever for the purpose of carrying into effect the purposes of this section.
(f)
(i)
Forthwith on receipt of the notice of a tenant’s election to purchase the freehold in fee-simple as aforesaid, or in case the tenant shall elect to take a renewable lease as hereinbefore provided, the Commissioner of Crown Lands shall notify the Valuer-General that he requires a valuation to be made under this section, and the Valuer-General shall cause a new valuation to be made in accordance with the provisions of the Valuation of Land Act, 1925, of the capital value of and the value of all improvements on the land comprised in the lease or of the land selected by the tenant with the approval of the Commissioner, as the case may be.
(ii)
If the existing lease contains a provision for payment to the lessee of compensation for improvements, there shall be deducted from the capital value ascertained by such new valuation the value (to be ascertained by valuation, subject to the provision for arbitration hereinbefore contained) of any improvements effected by the tenant or of any other improvements for which the tenant is entitled to be compensated. The resulting sum is hereinafter referred to as the present unimproved capital value.
(iii)
In no case shall the present unimproved capital value be less than the cost to the Crown of acquiring the freehold of the said land.
(iv)
The amount by which the present unimproved capital value exceeds the cost of acquisition by the Crown being ascertained, an actuarial computation shall be made of the present value of such excess as if such excess were payable at the expiration of the existing term of the lease. The rate of interest for the purpose of such computation shall be five per centum per annum, payable half-yearly. The amount ascertained by such actuarial computation shall be added to the cost of acquiring the said land by the Crown, and the result shall be the price payable for the freehold. So soon as the cost of acquiring any land or any share or interest therein has been ascertained, the Commissioner of Crown lands shall notify the tenant of the amount of such cost as aforesaid.
(v)
For the purpose of ascertaining the rent payable under the renewable lease in case the tenant shall elect to take a renewable lease as hereinbefore provided, and in case the existing lease contains a provision for the payment of compensation for improvements, the capital value on which such rent shall be computed as provided by subparagraph (ii) of paragraph (a) hereof shall be the amount of the present unimproved capital value ascertained as hereinbefore provided.
(vi)
In case the tenant’s existing lease does not contain a provision for payment of compensation for improvements, the price payable for the freehold shall be the capital value (inclusive of the value of improvements) ascertained as hereinbefore provided, less the present value of the unexpired period of the lease calculated at five per centum per annum; and in case the tenant shall elect to take a renewable lease the rent payable thereunder shall be computed as provided by subparagraph (ii) of paragraph (a) hereof upon the capital value (inclusive of the value of improvements) ascertained as hereinbefore provided, less the present value of the lessee’s interest for the unexpired period of the current or existing lease in the improvements effected by the lessee, or those claiming through or under him, upon the land to be comprised in the renewable lease.
(vii)
In the case of the tenant electing to purchase or lease the shares or interests acquired by the Crown where the Crown has not acquired all the shares or interests in the land held by the tenant, the Native Minister shall, if the tenant so requires, apply to the Court to have the land partitioned between the Crown and the owners whose interests the Crown shall not have acquired.
(viii)
In case the tenant elects to purchase or lease the undivided shares or interests acquired by the Crown, and does not require such partition as aforesaid, then the value of such shares or interests shall be ascertained with reference to the value of the whole block on the basis of such shares being an average of the whole. For example, if the shares acquired represent three undivided fourths of the land comprised in the lease, or in the area selected by the lessee as aforesaid, then the value of such shares shall be deemed to be three-fourths of the value of the whole of such land.
(ix)
In ascertaining the unimproved value of undivided shares for the purposes of a purchase or renewable lease by the tenant in case the tenant’s existing lease contains a covenant for compensation for improvements, the value of the improvements attributable to each undivided share shall be the relative proportion of the total improvements for which the tenant shall be entitled to compensation.
(x)
No tenant shall be deemed to be disqualified from acquiring either by purchase or lease from the Crown under this section the maximum area which it shall be lawful for one person to acquire merely because the current lease under which he holds contains more than the maximum area aforesaid:
Provided always that if a tenant shall acquire either the freehold or a renewable lease as aforesaid of the maximum area which one person may lawfully acquire under the provisions of this Act, it shall not be lawful for him to acquire under this Act any further area or any interests in any further area while he retains the beneficial interest in the maximum area so acquired by him as aforesaid.
(2)
In case any tenant of land acquired by the Crown shall not elect to exercise the rights conferred on him by this section all rights under his existing lease shall remain unaffected; and in case he shall elect to exercise the rights conferred on him by this section in respect of part only of the land comprised in his lease, his rights under his existing lease to the residue of the land comprised therein shall remain unaffected.
(3)
The rights conferred by this section shall not be exercisable in respect of any land by the tenant thereof under any lease which the Minister of Lands has determined or may determine under the provisions of section four hundred and fifty-five of this Act, and shall not be exercisable in any case unless and until the Commissioner of Crown Lands shall have notified such tenant in writing that such right has become exercisable.
(4)
The provisions of section one hundred and thirty-six of the Land Act, 1924 (relating to “thirds”
and “fourths”
), shall not apply to a renewable lease under Part III of the Land Act, 1924, or a license issued or granted pursuant to any right or authority conferred by this section.
(5)
(a)
In addition to any other power contained in this section and with respect to any land affected thereby, it shall be lawful for the Land Board, with the consent of the mortgagee (if any), to accept a surrender of any lease whether with respect to the whole or any part of the land comprised in such lease, and to compromise with the tenant in respect of any rent due or to become due by him.
(b)
On the surrender of a lease the Land Board may grant to the lessee, or to any other person with the consent of the lessee (without offering the same for sale by auction or tender), a renewable lease or leases under Part III of the Land Act, 1924, or a license or licenses to occupy on deferred payments, subject to the provisions, with such modifications as may be necessary, of section six of the Land Laws Amendment Act, 1926, of the whole or any part or parts of the land comprised in the surrendered lease, at such rent or at such price as the Land Board determines, and with such provisions as are authorized by the Land Act, 1924, and as the Land Board thinks fit and proper.
(c)
Where a lease or license is issued under this subsection, it shall be deemed to be subject to all existing registered encumbrances, liens, and interests to which the surrendered lease was subject, and the District Land Registrar shall transfer upon the register the record of all memorials and entries affecting such lease so far as it is necessary to preserve the existing interests and priorities. Where more than one lease or license is issued or proposed to be issued in substitution for a surrendered lease, the rights, obligations, and liabilities of the lessee under the surrendered lease may be apportioned in writing by the Commissioner of Crown Lands or by the parties affected between the several parcels, and such apportionment shall have effect according to its tenor in the same manner in all respects as if all necessary transfers, releases, covenants, and other dispositions had been duly made in that behalf by all persons concerned, and may be registered under the Land Transfer Act, 1915, accordingly.
(d)
On the surrender of any lease under this subsection there may be paid to the lessee in respect of his rights to compensation, or to the person entitled thereto, out of moneys appropriated by Parliament for the purchase or acquisition of Native land, a sum equivalent to the value of the unexhausted improvements on the whole or any part of the land affected or such other lesser sum as the Land Board, with the approval of the Minister of Lands, shall determine.
472 Authorizing the revesting of burial-grounds in Natives.
1924, No. 45, s. 13 1929, No. 19, s. 19
(1)
If and whenever the Native Minister is of opinion that there is upon Crown land a Maori cemetery or burial-ground which ought to be revested in Natives he may, with the consent of the Minister of Lands, apply to the Court to make an order vesting any such land in such Native or Natives as the Court shall direct. Jurisdiction to make such order is hereby conferred upon the Court accordingly. Such land shall be absolutely inalienable except with the consent of the Governor-General in Council, or by leave of the Court if a charge is granted under subsection five hereof.
(2)
The Court, instead of vesting the said land in any particular Native, may vest the same in a Maori Land Board or any other body or person as trustee in trust for the purpose of a burial-ground.
(3)
In addition to the land so vested the Court shall have jurisdiction, subject to the consent of the Minister of Lands, to grant a right of way over other Crown lands to such Maori cemetery or burial-ground.
(4)
If any lessee or person other than the Crown having a particular interest is injuriously affected by any order made hereunder he shall be entitled to compensation, recoverable in the same manner as if the land were Native land taken under the Public Works Act, 1928, and the Court shall have jurisdiction, upon the application of any person claiming compensation, to ascertain and determine the same accordingly.
(5)
Any compensation so payable, together with interest at five pounds per centum per annum, shall be recoverable from any person in whose favour any order under subsection one hereof is made, and a charge against the land may be granted by the Court in favour of any person to whom compensation is so found to be payable.
(6)
An order made under subsection one hereof shall vest the land described in such order in the persons named in such order for an estate in fee-simple as tenants in common in the shares set out in such order, and a certificate of title may issue accordingly. An order made under subsection two hereof shall operate according to its tenor, and a certificate of title may issue accordingly.
(7)
Any land the subject of a vesting order hereunder shall be deemed to be Native freehold land within the meaning of this Act.
Miscellaneous
473 This Part of Act not to apply to certain lands.
1913, No. 58, s. 117
(1)
The provisions of this Part of this Act shall not apply to any lands affected by the provisions of the following Acts or any of them: —
The East Coast Native Trust Lands Act, 1902;
The Mangatu No. 1 Empowering Act. 1893; and
Section forty-seven of the Maori Land Claims Adjustment and Laws Amendment Act, 1907.
Any of the said lands may be sold, leased, or disposed of to the Crown in accordance only with the provisions of the special Acts affecting the same.
(2)
The Crown shall not acquire either by purchase or lease any of the following lands: —
(a)
Lands which have been prior to the commencement of this Act actually leased to Natives under the Thermal Springs Districts Act, 1910, or reserved under section twenty-two of the Maori Land Settlement Act, 1905, or leased under section four of the Maori Land Settlement Act Amendment Act, 1906:
(b)
Lands the owners of which have been in respect thereof incorporated prior to the fifteenth day of December, nineteen hundred and thirteen, under any Act providing for the incorporation of owners of Native land; but this provision shall cease to have any application to any block of land on the dissolution of the corporation effecting the same:
(c)
Lands set apart or reserved as a Native reservation:
(d)
The Poukawa Native Reserve:
(e)
The Opape Native Reserve, being the blocks described under the name of Opape in parliamentary paper G.-1m of nineteen hundred and eight, pages six and seven.
474 Certain lands may be excepted from operation of this Part of Act.
Ibid., s. 118
(1)
The beneficial owners of any land as defined in this Part of this Act, or a majority in number of such owners representing more than half the shares in such land, may apply to the Court in the prescribed form for a recommendation that the land therein described be excepted from the operation of this Part of this Act.
(2)
It shall be the duty of the Court upon the hearing of any such application to report to the Minister whether such land or any part thereof is, in the opinion of the Court, actually required for the use of the beneficial owners thereof, or of any number or section thereof, or is being actually farmed by them or any of them, or is being used as a Native settlement or kainga.
(3)
The Minister may, if he thinks fit, on receiving such report, direct the Court to partition the land the subject-matter of such application between the objectors and the owners not objecting to the operation of this Part of this Act, or to subdivide the land so that the boundaries of any area not actually required for the use of the Native owners may be ascertained; and the Minister may direct the Court to partition the land according to such boundaries, or the Minister may refer the report to the Court for further inquiry.
(4)
If the Minister shall be satisfied that the land the subject-matter of such application and report or any part thereof ought in the interests of the owners or any number or section thereof to be excepted from the operation of this Part of this Act, the Governor-General may, by Order in Council, make a declaration accordingly, and thereupon the land described in such Order in Council shall be excepted from the operation of this Part of this Act.
(5)
The Governor-General may, by the same or any subsequent Order in Council, declare any land the subject-matter of an application under this section to be absolutely inalienable, except by will, or may impose such limited restrictions against the alienation of any such land as the circumstances of the case may seem to require; and to the extent to which any land shall so be declared to be inalienable the same shall be inalienable accordingly.
(6)
The Governor-General may at any time revoke any such Order in Council, either wholly or in part, and thereupon the land described therein shall become subject to the operation of this Part of this Act or again rendered alienable, as the case may be.
(7)
No application as aforesaid shall be entertained by the Court in respect of any land which may be the subject-matter of an Order in Council under section four hundred and forty-two of this Act, and no appeal shall lie from any decision or recommendation of the Court in any such application as aforesaid, but any owner aggrieved by any decision on partition shall have the right of appeal.
475 Native land purchased by Crown may be reserved for use of Natives.
1912, No. 34, s. 19
(1)
At any time after a contract for the purchase of any land has been made in accordance with the provisions of this Part of this Act, and either before or after the issue of a Proclamation declaring the said land to be vested in His Majesty the King, the Governor-General may, on the recommendation of the Native Minister, by Warrant under his hand, declare that any part of that land shall, as from the date of the Warrant, be a reserve for the exclusive use of any or all of the former Native owners of the said land or of their successors, or of any other Natives referred to in the said Warrant, and may by such Warrant declare the said land to be vested in the Native Trustee, or in the Board of the district, in trust for such purposes.
(2)
Upon the issue of any such Warrant the land referred to therein shall thereupon become Native freehold land, and shall be vested in the Native Trustee or Maori Land Board, as the case may be, as a reserve for the purposes aforesaid, but subject, nevertheless, to all rights or interests, whether legal or equitable, vested at the date of the Warrant in any person other than the former owners, successors, or trustees.
(3)
The Governor-General may from time to time, by Order in Council, make regulations prescribing the duties, functions, and powers of the Native Trustee, or the Board, as the case may be, in respect of land vested in them under this section:
Provided that no such regulation shall authorize the sale of a reserve under this section.
Part XX Roads
476 Sections 125 and 128 of Public Works Act, 1928, not to apply to Native land.
1909, No. 15, s. 394
Sections one hundred and twenty-five and one hundred and twenty-eight of the Public Works Act, 1928 (relating to roads), shall not apply to the sale or subdivision of Native land situated elsewhere than in a borough.
477 Road-lines and partition.
1913, No. 58, s. 48
Upon any partition the Court may lay out upon the land partitioned such road-lines (if any) as the Court thinks necessary or expedient for the use of the several parcels and for giving access or better access thereto.
478 Road access to former partitions.
Ibid., s. 49
When any Native freehold land has been partitioned, either before or after the commencement of this Act, in such manner that any subdivision thereof is without reasonably practicable access to any public road, the Court may, if it thinks fit, on the application of any person interested, at any time thereafter, by order, lay out any road-line over any portion of the land so partitioned which is necessary to afford to any such subdivision access to a public road.
479 Road access over adjoining lands.
Ibid., s. 50
The Court may, in order to give access or better access to any Native freehold land, lay off over any adjoining Native land (whether Native freehold land or not) such road-line as the Court thinks necessary or expedient.
480 Rights of way.
Ibid., s. 48
In lieu of or in addition to laying out road-lines under this Part of this Act, the Court may, if it thinks fit, in and by any orders made by it, create private rights of way over any area of land and appurtenant to any other area; and in any such case every order made in respect of any such area shall set forth any right of way to which that area is so subject or which is so appurtenant thereto.
481 Compensation may be granted in respect of road-line.
Ibid., ss. 49, 50
(1)
No such road-line or private way shall be so laid off under the last two preceding sections over any land comprised in any existing valid lease executed prior to the fifteenth day of December, nineteen hundred and thirteen, during the continuance of such lease without the consent in writing of the lessee.
(2)
In laying out any such line of road or private way the Court shall take into consideration what compensation (if any) ought to be paid to any person or persons having any claim or interest in the land affected, and determine by whom the same shall be paid, and, when it thinks expedient so to do, may make a charging-order charging it on the land benefited by such line of road or private way or such other lands as the Court thinks fit.
(3)
The Court may, if the circumstances justify it, direct that no compensation is payable, or may lay down such conditions as it thinks necessary under which the line of road or private way shall be enjoyed by the parties.
(4)
An order made under this section may be registered against any title affected by it.
482 Court may lay off roads by consent.
1913, No. 58 s. 52
(1)
The Court may, with the consent in writing of the owner of any freehold land and of every person having any estate or interest therein, and whether such owner or person is a Native or a European, lay off any road or way through the land of such owner or person; and such written consent shall operate as a disclaimer of all rights to compensation other than as shall be expressly set forth in such consent in writing, and shall operate as a dedication of the lands therein described as a public road unless such consent shall in terms expressly limit the right of user of such land as a road or way; and the Court may make an order accordingly.
(2)
Every order made as aforesaid shall set forth the terms of such consent, and on payment of all compensation payable to the person entitled thereto shall be registrable against the land affected thereby.
(3)
In order to obtain road access for any of the purposes aforesaid the Court may approve of any exchange of Native land for Native land, or of Native land for European land, and may issue an order or orders vesting any Native land to give effect to any such exchange.
(4)
In the case of an exchange of Native land for European land the Court shall only issue such order vesting the Native land with the consent of the Native Minister and upon a valid and effectual transfer or conveyance or dedication of the European land being made in such manner and to such person as the Court shall approve.
(5)
No stamp duty shall be payable on any such transfer, conveyance, or dedication.
483 Road access over adjoining lands.
1922, No. 48, s. 13
(1)
The Court may, in order to give access or better access to any European land which has ceased to be Native land since the fifteenth day of December, nineteen hundred and thirteen, lay off over any adjoining Native land (whether freehold or not) such lines of roads or private way as the Court thinks necessary or expedient.
(2)
The Court may likewise, in order to give access or better access to any Native freehold land, lay off over any adjoining European land which has ceased to be Native land since the fifteenth day of December, nineteen hundred and thirteen, such lines of roads or private way as the Court thinks necessary or expedient.
(3)
In laying out any such line of road or private way the Court shall take into consideration what compensation (if any) ought to be paid to any person or persons having any claim or interest in the land affected, and determine by whom the same shall be paid, and, when it thinks expedient so to do, may make a charging-order charging it on the land benefited by such line of road or private way or such other lands as the Court thinks fit.
(4)
The Court may, if the circumstances justify it, direct that no compensation is payable, or may lay down such conditions as it thinks necessary under which the fine of road or private way shall be enjoyed by the parties.
(5)
An order made under this section may be registered against any title affected by it.
484 Permitting roads in use to be declared public roads.
1928, No. 49, s. 13
(1)
Where the Court is satisfied that a road or way traversing Native land (inclusive of any Native reserve) has been used by the public as if it were a public road, or has been formed, improved, or maintained out of public funds or the funds of any local authority, notwithstanding that such road or way may not have been proclaimed a public road, the Court may by order declare such road or way or any part thereof to be a public road, and thereupon such road or way or any such part thereof as may be affected by the Order of the Court shall become and may be proclaimed a public road.
(2)
The Court may direct that the Crown or local authority or any person interested shall pay such reasonable compensation as may be fixed or set out in such order, or may impose such other terms as it may think fair and just in the circumstances.
485 Permitting rights-of-way to be laid out by Court.
Ibid, s. 12
(1)
With the consent of the owner of any land, whether European or Native, situated elsewhere than in a borough the Court may lay out over such land one or more rights-of-way to give access or additional access either to Native land over European land or to European land over Native land. Such order shall constitute without further assurance a grant of the right-of-way therein included, and shall be registrable by the District Land Registrar against the titles of the lands affected.
(2)
Where Native land affected is owned by more than two owners the Court may act upon the consent of the majority of the owners present in Court or may dispense with such consent if it is satisfied that the proposed right-of-way is not contrary or prejudicial to the interests of the owners of the Native land.
(3)
The Court may in and by such order impose any terms or condition subject to which a right-of-way laid out under this section is granted. Where in any order made under this section a condition is imposed for the payment of a sum of money the Court may in or by such order or by separate charging-order constitute that money (together with interest thereon at the rate of five per centum per annum) a charge upon the land to which the right-of-way is appurtenant, and the money so charged shall be payable in accordance with the tenor of the order.
486 Identification of road-line.
1913, No. 58, s. 51 1914, No. 63, s. 15
If in the opinion of the Court it is in the public interest that any road or road-fine laid out by it under this Part of this Act, or any road declared by it to be a public road, should be proclaimed as a public road, it shall be the duty of the Court to notify the Minister of Lands accordingly; and such notification shall describe such road or road-line so as to enable the same and the boundaries thereof to be identified.
487 Road-lines may be proclaimed public roads.
1913, No. 58, ss. 48, 49, 50, 51 1927, No. 67, s. 14
(1)
The Governor-General may, by Proclamation under this Part of this Act, proclaim as a public road any road or road-line so laid out or any road declared by the Court to be a public road, and any road so proclaimed shall thereupon become a public highway, and shall vest in the Crown accordingly, free from any right, title, estate, or interest in any other person.
(2)
No road-line laid off under this Part of this Act shall be proclaimed to be a public road until after the expiration of one month from the date on which notice in writing of the intention to so proclaim such road-line shall have been given by the Surveyor-General to the local authority having jurisdiction in the district within which such road is situated.
(3)
Unless and until such a Proclamation is made, the lands so set apart as road-lines shall remain Native land held in common ownership as if no order had been made, but subject to full rights of way thereover (if any) as shall be stated in the orders.
488 Court may cancel any order laying out any road-line deemed no longer expedient.
1919, No. 43, s. 11
(1)
The Court may, upon application of the Chief Surveyor for the district in which the land affected may be situated, cancel any order previously made by it laying out any road-line or right-of-way over or upon any land, and whether such road-line or right-of-way has been proclaimed a public road or not, provided that the Court is first satisfied that the road-line or right-of-way the subject of the order sought to be cancelled is no longer necessary or expedient.
(2)
In any order effecting a cancellation under this section the Court shall determine, according to the justice and equity of the particular case, the persons who should be the owners of the land which had been the subject of the cancelled order, and shall vest the same in such persons accordingly.
489 Permitting unused public roads over Native land to be closed.
1928, No. 49, s. 14
(1)
Where a public road proclaimed, taken, laid out, or set apart over Native land (whether before or after the commencement of this Act), or any portion of such public road, appears to be no longer required for the public use, then and in such case, by and with the consent of the local authority having control of such road or the Minister of Public Works in the case of a road not controlled by a local authority, the Court may if it thinks it expedient so to do declare by order that any such road or portion thereof defined in such order be stopped, and thereupon such stopped road shall cease to be a public road.
(2)
By the same or any subsequent order the Court may vest the land occupied by the stopped road in such person or persons as to it may seem just or expedient and subject to such terms of payment and otherwise as the Court may order, or may amend any existing instrument of title to Native land so as to include the land occupied by the stopped road, which land shall thereupon vest accordingly as if it was originally included in such title.
(3)
Any order made under this section shall upon production be registered by the District Land Registrar or the Registrar of Deeds, as the case may be, and where necessary the District Land Registrar shall amend any certificate of title so as to conform to the amendments made by the Court under this section in any existing instrument of title.
(4)
The provisions of this section shall apply to the case of a public road taken, laid out, or set apart over Crown land or over land that subsequently came into the possession of the Crown if and whenever the land on either side of the portion of road desired to be stopped is owned by Natives.
490 Revesting of closed roads.
1920, No. 63, s. 7
If and whenever a public road has been taken or laid out over land owned by Natives, and the same or any portion thereof has been or is hereafter stopped in accordance with the statute in that behalf, and it is desired to revest the same in the former owners or their representatives, whether by way of exchange or otherwise, it shall be lawful for the Minister of Public Works to apply to the Native Land Court to have such stopped road vested in the persons entitled thereto, and thereupon the Court may make an order either directing an amendment of the original or any subsequent title so as to include such land again within its boundaries, or vesting such stopped road in such persons (whether Native or European) as it shall find to be entitled thereto, and the District Land Registrar is authorized to make all necessary entries and amendments in the Land Transfer title and register accordingly:
Provided that the land so vested shall be deemed to be Native freehold land (unless the Court otherwise orders) if it is vested in a Native.
Part XXI Surveys
491 Surveys of Native land to be made by the Crown.
1909, No. 15, s. 395
Every survey of Native land for the purposes of this Act shall be made by the Crown in accordance with the provisions of this Part of this Act, and not otherwise.
492 Native Land Court, Appellate Court, or Board may require a survey.
Ibid., s. 396
(1)
When the Court or the Appellate Court or a Board, in the exercise of any powers or jurisdiction vested in it, is of opinion that a survey of any Native land is necessary or expedient, such Court or Board may transmit to the Chief Surveyor of the district in which that land is situated a requisition for such a survey, together with such particulars as the Court or the Board thinks fit as to the nature or purpose of the survey so required. The Court or Board may in any case require security to be given for the due payment of the costs of any such survey.
(2)
It shall thereupon be the duty of the Chief Surveyor forthwith to take all necessary or proper steps to procure a survey of that land in accordance with the tenor of the requisition, and to prepare a sufficient plan of the land so surveyed.
(3)
Every such survey shall be carried out in accordance with the directions of the Chief Surveyor, either by officers of the Lands and Survey Department or by any other duly authorized surveyor.
(4)
The costs of any such survey shall be paid out of moneys appropriated by Parliament for that purpose, or otherwise available for that purpose under the provisions of this Act.
(5)
Any Judge of the Court may exercise the power conferred by this section upon that Court or upon the Appellate Court, if he is of opinion that a survey is necessary or expedient for the purposes of the jurisdiction of either of those Courts or for the completion of any order made by either of those Courts, whether before or after the commencement of this Act.
493 Authority to survey.
1913, No. 58, s. 133
Where any contract has been entered into between the Native owners of any land or on their behalf and any authorized or licensed surveyor for the survey of any Native land, and security is given to the satisfaction of the Judge of the district within which the land is situated for the payment of the cost of such survey, such Judge may by order under his hand authorize the surveyor with whom such contract has been made to execute such survey as is specified in such order.
494 Road surveys to be charged against land.
1913, No. 58, s. 53
Where roads are or have been surveyed by the Crown to give access to any Native land, the cost of survey of such roads shall constitute a charge upon the lands they serve, give access to, or in any way benefit.
495 The costs of surveys to be a charge upon the land surveyed.
1909, No. 15, s. 397
(1)
The costs incurred by the Crown in the survey of any Native land under the foregoing provisions shall, as and when incurred, constitute an equitable charge upon the land so surveyed and upon every part thereof.
(2)
A certificate under the hand of the Chief Surveyor shall for all purposes be accepted as sufficient prima facie proof of the amount of those costs.
496 Native Land Court may make charging-orders accordingly.
Ibid., s. 398
(1)
The Court may, on the application of the Native Minister or of any person interested, or on its own motion, either at the time of making a freehold order in respect of that land or at any subsequent time, make an order charging any such costs upon the land so surveyed; and the charge may be either imposed upon the land as a whole or may be apportioned between different portions thereof, as the Court thinks fit, having regard to the relative values of those portions and to the relative benefits derived from the survey.
(2)
On or after any subsequent partition, exchange, alienation, or other disposition of the land so charged, the Court may in like manner made a further order varying any former order and apportioning the charge in such manner as it thinks just, and any such subsequent order shall supersede all earlier charging-orders so far as inconsistent therewith.
(3)
Any such order shall constitute a legal charge upon the land or upon the several parcels thereof according to its tenor, in lieu of the equitable charge aforesaid, and may be registered against the title to the land under the Land Transfer Act, 1915.
(4)
When any charge has been so apportioned, each portion thereof shall be deemed to constitute a separate charge.
497 Enforcement of such charges.
Ibid., s. 399
(1)
Any charge so constituted, whether legal or equitable, may from time to time, on the application of the Native Minister, be enforced by the Court either—
(a)
By the appointment of a receiver in respect of the land so charged; or
(b)
By making an order vesting in His Majesty the King such part of the land so charged as is sufficient in the opinion of the Court to satisfy the charge.
(2)
Any such vesting order shall vest the land affected thereby in His Majesty the King, subject, however, to any estate or interest having priority to the charge, and the charge shall thereupon be extinguished.
498 Court may award share of customary land to the Crown in satisfaction of cost of survey.
Ibid., s. 400
In lieu of making a charging - order under the foregoing provisions the Court may in the course of any proceedings for the ascertainment of the title to customary land, make an order in favour of the Crown, extinguishing the Native customary title to such part of that land as in the opinion of the Court is sufficient to satisfy the charge thereon, and the charge shall be thereupon extinguished.
499 Land so vested in Crown to become subject to the Land Act, 1924.
Ibid., s. 401
All land so becoming vested in the Crown either by way of a vesting order or by way of an order extinguishing the Native customary title shall become Crown land, subject to the provisions of the Land Act, 1924, and shall be administered and dealt with accordingly.
500 Survey charges to bear interest.
1909, No. 15, s. 402
(1)
The amount of any charge under this Part of this Act shall bear simple interest at five per centum per annum, computed from the date of the completion of the survey.
(2)
A certificate under the hand of the Chief Surveyor shall be accepted as conclusive evidence of the said date.
501 Obstruction of survey an offence.
Ibid., s. 403.
(1)
Any surveyor or other person, in pursuance of the written authority of the Surveyor-General or of the Chief Surveyor of the district in which any Native land is situated, may without further leave or license enter upon that land, together with such assistants and other persons as he thinks fit to employ in that behalf, and may there do all things necessary to be done to enable him to carry out any survey so authorized.
(2)
It shall be lawful for the Surveyor - General or the Chief Surveyor of the district in which any Native land is situated to grant to any person whom he thinks fit, and for any reason which he thinks fit, any such authority as aforesaid, and at any time and for any reason to cancel any such authority.
(3)
Any person who wilfully obstructs or threatens or attempts to obstruct any surveyor or other person authorized under this section, or any assistant of that surveyor or other person, in the execution of his duty in or about the making of any survey so authorized is guilty of an offence punishable on summary conviction by a fine of fifty pounds or by imprisonment for three months.
502 Enabling Court to discharge land from survey charges.
1929, No. 19, s. 28
(1)
Whenever in the course of any proceedings before the Court in relation to any Native land, it appears to the Court that any charge, lien, or claim for survey, other than a charge, lien, or claim in favour of the Crown, is charged upon or exists in respect of such land, the Court, if it deems it expedient so to do, may order that the said land shall be freed and discharged from such charge, lien, or claim and the said land shall be freed and discharged accordingly as from the date of the order or from such later date as may be specified in the order in that behalf. The Court may, in making such order, impose a condition that such sum of money, if any, as the Court thinks just and reasonable, shall be paid by or on behalf of the owners of the land which is the subject of the order to the Maori Land Board for the district wherein the land is situate, to answer any such charge, lien, or claim that may be established in respect thereof. The Board, on such charge, lien, or claim being established to its satisfaction, shall pay to the person entitled thereunder out of the money so deposited in pursuance of the order of the Court, so far as it will permit, such sum as shall be sufficient to discharge such charge, lien, or claim, and no further claim in respect of such charge, lien, or claim shall be capable of being enforced in any manner whatsoever.
(2)
In any case where land has been ordered by the Court to be vested in any person under the provisions of section sixty-five of the Native Land Court Act, 1894, or any statutory provision in amendment thereof or in substitution therefor, but such order has not been registered under the Land Transfer Act, 1915, the Court shall have power, in any case where it considers it expedient so to do, to cancel the order vesting the said land as aforesaid upon payment to the person entitled thereto or to the Board for the district wherein the land is situated on behalf of such person of the amount of the survey charge in respect of which the vesting order had been made, together with interest on such amount for a period of five years at the rate of five pounds per centum per annum and the cost of survey (if any) of such land, or the amount of the capital value of the land, ascertained in accordance with the provisions of the Valuation of Land Act, 1925.
503 Survey charges may be remitted.
1927, No. 67, s. 32
If and whenever the Court is of opinion that any charge for the survey of Native land (whether such survey was made before or after the passing of this Act) might reasonably be remitted, it may make a recommendation accordingly, and it shall thereupon be lawful for the Minister of Lands, in his discretion, to approve and direct the remission and discharge of any mortgage, charge, hen, or other encumbrance imposed or constituted in favour of the Crown in respect of the survey of any Native land or of any portion of such mortgage, charge, lien, or other encumbrance, or of any interest, costs, or charges due or payable thereon. A certificate under the hand of the Chief Surveyor of the district wherein the land affected is situated to the effect that the Minister of Lands has approved of the remission or discharge of any moneys under this section shall for all purposes be accepted as sufficient evidence that the amount named therein has been duly remitted or discharged under this section, and such certificate shall have the effect of a discharge to the extent therein mentioned and may be registered and acted upon accordingly. A certificate hereunder may include any group or class of charging-orders.
504 Certificate of title not to be issued until survey charges paid.
1913, No. 58, s. 62
No certificate of title shall be issued until all survey charges on the land have been paid and discharged.
Former Surveys
505 Existing survey charges preserved, and may be taken over by the Crown.
1909, No. 15, s. 404
(1)
Every mortgage, charge, lien, or other encumbrance which has been imposed, whether in favour of the Crown or in favour of any individual, upon any land in respect of the survey thereof, by or in pursuance of any Act hereby repealed or any former Act relating to Native land, and which is in existence and enforceable at the commencement of this Act, shall continue to exist and to be enforceable in the same manner as if this Act had not been passed.
(2)
It shall be lawful for the Native Minister, if he thinks fit, out of any moneys appropriated by Parliament, or otherwise available under the provisions of this Act, for the survey of Native lands, to pay off any such mortgage, charge, lien, or other encumbrance existing in favour of any person other than the Crown.
(3)
In any such case the amount so paid by the Native Minister in satisfaction of the encumbrance may be either the full amount thereof or such part thereof as is accepted in full satisfaction by the person entitled to the benefit of the encumbrance.
(4)
In any such case the encumbrance shall, on the receipt of the amount so paid by the Native Minister, be assigned by the person entitled thereto to His Majesty the King, and shall, to the extent of and as security for the amount so paid, together with interest at the rate of five per centum per annum computed from the day of payment, be enforceable by or on behalf of the Crown in the same manner as if it had been originally constituted in favour of the Crown.
506 Survey charges for surveys already made by the Crown.
1909, No. 15, ss. 405, 406
(1)
If at the commencement of this Act any survey of Native land is in course of being made at the cost of the Crown, or if, before the commencement of this Act, any survey of Native land has been made at the cost of the Crown, but a charge in respect thereof has not been imposed on the land under any Act hereby repealed, the cost thereof, whether incurred before or after the commencement of this Act, shall constitute a charge on the land in the same manner as if the survey had been authorized and made in accordance with this Act; and all the provisions of this Part of this Act shall, with all necessary modifications, apply to any such survey and charge accordingly.
(2)
If before the commencement of this Act any survey of Native land has been made otherwise than at the cost of the Crown, but a charge in respect thereof has not been imposed on the land, a charge on the land in respect thereof may be obtained and constituted in the same manner as if this Act had not been passed.
(3)
Any charge obtained under this section may be paid off or satisfied by the Native Minister in manner hereinbefore provided with respect to like charges constituted before the commencement of this Act, and all the provisions of this Part of this Act with respect to any such payment or satisfaction by the Native Minister shall apply accordingly.
Part XXII Interpreters
507 Governor-General may license Interpreters.
Ibid., s. 407
The Governor-General may grant under his hand licenses to such persons as he thinks fit, authorizing them to act as Interpreters of the Maori language under this Act.
508 Interpreters to be of two grades.
Ibid., s. 408
Every such licensed Interpreter shall, in accordance with the terms of his license, be either an Interpreter of the first grade or an Interpreter of the second grade.
509 Interpreters to be examined.
Ibid., s. 409
No person shall be capable of being licensed as an Interpreter of either grade until he has passed the examination and fulfilled the conditions prescribed for that grade by regulations under this Act.
510 Powers of Governor-General with respect to Interpreters.
Ibid., s. 410
The Governor-General may at any time and for any reason, by writing under his hand and gazetted, —
(a)
Revoke the license of an Interpreter; or
(b)
Suspend an Interpreter from the exercise of his license, either for a specified period, or during the Governor-General’s pleasure; or
(c)
Revoke any such suspension; or
(d)
Reduce an Interpreter from the first grade to the second grade; or
(e)
Restore to the first grade an Interpreter who has been so reduced; but in the case of any such reduction on the ground of incompetence, only if the Interpreter has, after his reduction, passed the examination and fulfilled all other conditions prescribed for the first grade.
511 Judge may suspend an Interpreter.
1909, No. 15, s. 411
(1)
A Judge of the Native Land Court may, at any time and for any reason which appears sufficient to him, suspend an Interpreter from the exercise of his license for a period not exceeding three months; but shall forthwith report the suspension to the Governor-General, with the reason therefor.
(2)
The Governor-General may thereupon, in his discretion, either revoke any such suspension or confirm the same, or exercise in respect of that Interpreter any of the powers conferred by the last preceding section.
512 Offences by Interpreters.
Ibid., s. 412
(1)
Every person commits an offence, and is liable on summary conviction to a fine of fifty pounds, who—
(a)
Acts as or pretends to be a licensed Interpreter under this Act when not so licensed; or
(b)
Acts as or pretends to be a licensed Interpreter of the first grade under this Act when not so licensed; or
(c)
Acts as a licensed Interpreter under this Act at any time while his license is suspended; or
(d)
Refuses or neglects, when so required by the Native Minister or by a Judge of the Native Land Court, or by any person authorized by that Minister or by any such Judge, to deliver up his license for cancellation or temporary detention, as the case may be, when that license has been revoked or suspended, or when he has been reduced from the first to the second grade.
(2)
In every prosecution for an offence against this section the burden of proving that the defendant is a licensed Interpreter or is a licensed Interpreter of the first grade shall lie upon the defendant.
513 Existing licenses preserved.
Ibid., s. 413
(1)
Every person who at the commencement of this Act is a licensed Interpreter of the first or second grade under any Act hereby repealed shall be deemed to be licensed for the like grade under this Act, and all the provisions of this Act shall apply to him accordingly.
(2)
The provisions of this Part of this Act shall apply to every revocation of a license, or suspension or reduction of a licensed Interpreter, which has taken effect before the commencement of this Act.
514 Validity of licenses.
Ibid., s. 414
(1)
Every license granted by the Governor-General to an Interpreter, whether before or after the commencement of this Act, shall, as to all things done by that Interpreter after the commencement of this Act, be conclusive proof that the license was duly granted.
(2)
No act done by an Interpreter after the commencement of this Act, while he remains in possession of his license, shall be invalid because of any suspension, revocation, or reduction of grade affecting that license.
515 Regulations.
Ibid., s. 415
The Governor-General may from time to time, by Order in Council, make regulations for the following purposes: —
(a)
Prescribing the mode of examination of candidates for licenses as Interpreters of either grade, and the conditions to be fulfilled by such candidates:
(b)
Prescribing fees to be paid by candidates for examination as aforesaid, and for licenses under this Part of this Act:
(c)
Prescribing forms of licenses and any other matters deemed necessary or expedient for the administration of this Part of this Act:
(d)
Prescribing a scale of fees which may be charged by Interpreters in the exercise of their powers and functions.
Part XXIII Native Land Settlement and Development
The Native Land Settlement Account
516 Native Land Settlement Account.
1909, No. 15, s. 416
For the purposes of the acquisition and settlement of Native land in accordance with the provisions of this Act there shall continue to be as part of the Public Account a separate account to be called the Native Land Settlement Account.
517 Funds for acquisition of Native lands.
1913, No. 58, s. 113
(1)
For the purpose of providing funds for the acquisition by the Crown and settlement of Native freehold land, and of land as defined in Part XIX of this Act, the Minister of Finance, on being authorized so to do by the Governor-General in Council, may from time to time raise, on the security of and charged upon the public revenues of New Zealand, such sums of money as he thinks fit, not exceeding in each financial year the sum of five hundred thousand pounds.
(2)
The sums so raised shall, as and when raised, be paid into the Native Land Settlement Account, and shall bear interest at such rate as the Minister of Finance prescribes.
(3)
This Act shall be deemed to be an authorizing Act within the meaning of the New Zealand Loans Act, 1908, and the moneys hereby authorized to be raised shall be raised under and subject to the provisions of that Act accordingly.
518 Expenditure of moneys in the Native Land Settlement Account.
1909, No. 15, s. 417 1923, No. 32, s. 4 1926, No. 64, s. 10
Out of the Native Land Settlement Account the Minister of Finance may from time to time, subject to appropriation by Parliament, pay all moneys that are required for any of the following purposes: —
(a)
The purchase or acquisition of Native land, including land as defined by Part XIX of this Act, under the authority of this or any other Act and all costs and expenses in connection therewith:
(b)
The survey of Native land under the authority of this Act:
(c)
The making of advances under section three hundred and forty of this Act to Maori Land Boards for the construction of roads and bridges and for the other purposes mentioned in that section:
(d)
The payment into the account of any Maori Land Board of such sums as the Native Minister may from time to time requisition for the purpose of making advances upon mortgage of any freehold or leasehold interest in Native freehold land, or on Crown land leased to Natives. Interest at such rate as may from time to time be prescribed by regulation shall be paid by the Board in respect of such sums:
(e)
For the purpose of forming and constructing roads and bridges and otherwise opening up and preparing for settlement any land or interest in land purchased or acquired under the authority of Part XIX of this Act, or land in respect of which negotiations for its purchase or acquisition are contemplated or are in progress:
(f)
For the purpose of improving, developing, or protecting any such land or interest in land as is mentioned in the last preceding paragraph, or of discharging any mortgage, charge, or other liability to which the same is subject, whether incurred before or after the passing of this Act:
(g)
For any other purpose specified in this Act.
519 Certain revenues of the Crown to be paid into the Native Land Settlement Account.
1909, No. 15, s. 418
There shall be paid into the Native Land Settlement Account—
(a)
All revenues derived by the Crown from land as defined by Part XIX of this Act purchased or acquired by the Crown under the authority of this or any other Act, after deducting from those revenues all sums otherwise charged on or payable out of those revenues:
(b)
All revenues received by the Crown by way of repayment of the cost of the survey of Native land under the authority of this Act, or in satisfaction of any mortgage or other charge existing in respect of the survey of Native land:
(c)
All moneys paid to the Crown by a Maori Land Board by way of repayment of advances made to that Board under the authority of section three hundred and forty of this Act:
(d)
All moneys repaid to the Crown under the provisions of this Part of this Act:
(e)
All moneys accruing from the disposal of land or chattels acquired out of moneys advanced from the Account.
520 Debentures may issue on acquisition of land.
1913, No. 58, s. 113 1914, No. 63, s. 9
(1)
The Native Land Purchase Board may from time to time notify the Minister of Finance that it requires debentures to be issued to vendors of Native freehold land, or of land as defined by Part XIX of this Act, or of any interest therein on the acquisition thereof by the Crown, and thereupon the Minister of Finance may cause debentures to be so issued for such amounts as the Native Land Purchase Board may from time to time require, such debentures to bear interest at a rate not exceeding five per centum per annum, and to be redeemable at such date or dates as the Minister of Finance shall decide, and to be a charge upon the public revenues of New Zealand.
(2)
The issue of any such debentures as aforesaid shall be deemed to be an exercise, pro tanto, of the powers of raising funds conferred by this Part of this Act, and such powers shall, on the issue of any such debentures, be limited accordingly.
(3)
All debentures issued to any Native vendor shall be issued in the name of such vendor or in the name of the Native Trustee or of a Maori Land Board, and shall not be capable of being taken in execution or otherwise rendered available by any form of judicial process for the payment of debts or liabilities, nor shall be assets in his bankruptcy or pass to the assignee or trustee in that bankruptcy.
(4)
Where a Judge of the Court is satisfied that it is in the interest of the Native owner of any debenture, or in the interest of his family, to sell or assign the same he may consent to the sale or assignment thereof on such terms as to payment or application of the proceeds of the sale or assignment thereof as to the Judge shall in the circumstances appear just and reasonable. Every assignment of a debenture by any Native entitled thereto shall be attested in the manner prescribed by section five hundred and forty-seven of this Act.
521 Minister of Finance may make advances to Native Trustee.
(1)
For the purpose of development, improvement, and settlement of any land the administration whereof is vested in the Native Trustee, or for discharging any liability, mortgage, or charge thereon, or for such other purpose as the Native Minister may approve, the Minister of Finance (on the recommendation of the Native Minister) may, in his discretion, from time to time make to the Native Trustee advances out of moneys appropriated for that purpose out of the Native Land Settlement Account.
(2)
All moneys so advanced shall, together with the interest thereon at such rate as the Minister of Finance shall determine, be repaid by the Native Trustee into the Native Land Settlement Account, or such other account, and in such instalments as the Minister of Finance shall direct. Every such instalment shall consist partly of principal and partly of interest, and shall be calculated and payable in accordance with regulations to be made in that behalf, but the full amount of every such advance, together with the interest thereon at the rate aforesaid, shall be repayable within a period not exceeding twenty-five years after the making of the advance.
(3)
The provisions of this section shall apply to expenditure made by the Native Trustee prior to the commencement of this Act as well as that made hereafter, and liability to the Consolidated Fund shall be deemed a liability for the discharge of which advances may be made.
(4)
All advances made to the Native Trustee under this section for the benefit of any land shall, together with interest thereon as aforesaid, be a charge on the land for the benefit of which the moneys advanced may have been expended, and shall be repayable by the Native Trustee out of the revenue and proceeds of that land accordingly, and the liability therefor shall be apportioned by the Native Trustee, with the approval of the Native Minister, between the various areas of that land in proportion to the benefit derived from the expenditure of those advances.
Development of Native-owned Land
522 Provisions for facilitating development and settlement of land owned by Natives.
1929, No. 19, s. 23 1930, No. 29, s. 9
(1)
For the purpose of the better settlement and more effective utilization of Native land or land owned or occupied by Natives, and the encouragement of Natives in the promotion of agricultural pursuits and of efforts of industry and self-help, the Native Minister shall have the powers hereby conferred upon him.
(2)
(a)
The Native Minister may from time to time appoint one or more advisory committees. Every such committee shall consist of not more than five persons, who shall hold office during the pleasure of the Native Minister.
(b)
It shall be the duty of an advisory committee appointed under this subsection, as and whenever required by the Native Minister so to do, to inquire into such matters as may be submitted to it, and to report thereon with such recommendation (if any) as it thinks proper.
(c)
Every member of an advisory committee, not being a person permanently employed in the service of the Crown, shall, in connection with the duties or functions of such committee, be paid such travelling and other allowances as may be approved from time to time by the Native Minister out of any moneys appropriated by Parliament for the purpose.
(3)
(a)
For the purpose of rendering any Native land or any land owned by Natives fit for settlement, the Native Minister may cause to be undertaken and carried out in connection therewith such works as he things fit, including (but without in any way limiting his powers hereunder) the survey, draining, reclamation, roading, bridging, fencing, clearing, grassing, planting, top-dressing, manuring, or otherwise improving such lands, the construction of buildings and other erections thereon, and the insurance, maintenance, and repair thereof, and any other works calculated to improve the quality and utility of such lands. The Native Minister may, for the better protection of the security, in addition, pay and discharge any outstanding rates, taxes, charges, or liabilities of whatsoever kind or nature, due and payable in respect of any land to which the provisions of this section are being applied or intended so to be.
(b)
For the purposes mentioned in the last preceding paragraph, the Native Minister may purchase or otherwise acquire all such tools, plant, machinery, and other equipment as may, in his opinion, be required, and may provide all necessary camps and buildings for the use of workmen employed in connection therewith. The Native Minister for all or any of such purposes may direct the acquisition of any interest in land, and may from time to time authorize the disposal thereof as he may think expedient.
(c)
The Native Minister may from time to time, if he thinks fit, authorize the purchase of five-stock to be depastured on any lands on which development works have been undertaken pursuant to this section, or upon any land adjacent thereto or which is used or intended to be used in connection therewith, and may from time to time, as he thinks fit, authorize the sale of any live-stock or the produce or increase thereof.
(d)
The Native Minister may in any case, by writing under his hand, delegate the powers conferred upon him by this subsection to a Maori Land Board or the Native Trustee, and thereupon the Maori Land Board or the Native Trustee respectively shall be deemed to be authorized to exercise the powers conferred on the Native Minister by this subsection, subject in all cases to the control of the Native Minister.
(e)
All moneys expended under this subsection shall be paid out of the Native Land Settlement Account, and shall be a charge upon the lands in respect of which the expenditure is made, and shall bear interest at such rate as the Minister of Finance shall from time to time determine. Such moneys, when repaid, shall be paid into and form part of the Native Land Settlement Account.
(f)
If and whenever the Native Minister decides to apply the provisions of this subsection to any land, he shall give notice thereof by publishing in the Gazette a notice of his intention so to do, and thereupon no owner shall, except with the consent of the Native Minister, be entitled to exercise any rights of ownership in connection with the land affected so as to interfere with or obstruct the carryingout of any works under this subsection.
(g)
It shall be lawful for the Governor - General by Order in Council to declare that any land dealt with under this subsection shall be subject to Part XVI of this Act as from the date of that Order, and the land shall thereupon become and at all times thereafter (while the Order in Council continues in force) remain subject to that part of this Act accordingly. An Order in Council under this subsection shall have the same force and effect and be subject to the same provisions as an Order in Council made under Part XVI of this Act.
(4)
(a)
The Court may, on proof of the payment for or expenditure on any of the purposes referred to in the last preceding subsection, or proposed expenditure, make an order charging the land or any part thereof with repayment to the Crown of the amount paid or expended, or proposed to be expended, with such interest and by such instalments and with such direction for giving effect to the charge as the Court thinks expedient. The certificate of the Native Minister, the Native Trustee, or a Registrar of the Native Land Court shall for all purposes be accepted as prima facie proof of the amount of the payment, expenditure, or proposed expenditure as aforesaid.
(b)
The Court may make a further order varying any former order either in respect of any additional payment or expenditure or by way of apportioning the charge in such manner as it thinks expedient, and every subsequent order shall supersede all or any prior charging orders so far as inconsistent therewith, and, where any charge is so apportioned, each portion shall be deemed to be constituted a separate charge.
(c)
If and whenever the Native Minister deems it expedient that further or additional security be obtained with respect to the expenditure or proposed expenditure under the provisions of this section on any Native land or land owned by Natives, he may apply to the Court for an order charging any other land owned by the same Natives or any of them, and the Court may make an order charging such other land or interest therein belonging to the same Natives or some of them (and notwithstanding that such other land may be held jointly with other persons) with repayment of the amounts paid or expended under the provisions of this section, together with such interest and by such instalments, and subject to such conditions, as the Court thinks expedient.
(d)
If and whenever the Native Minister is of opinion that any adjoining land or other land not included in the development scheme is being improved or increased in value by reason of the expenditure of money on any work undertaken or being carried out under the provisions of this section, he may apply to the Court to ascertain and allocate what part (if any) of the cost of and expenditure on any such work ought fairly and justly to be charged against such adjoining or other land in respect of the betterment thereof, and the Court may in its discretion, subject to all prior encumbrances, make an order charging such adjoining or other land with the payment of any such amount as may be fixed by the Court, which amount shall thereupon become due and payable to the Crown by the person named in such order or his successor in title:
Provided that no such charge shall be granted against land owned by a European unless he shall have consented to contribute towards the cost of any such work.
(e)
All the provisions of paragraph (b) shall apply to orders made under paragraphs (c) and (d) hereof.
(f)
A certificate under the hand of the Native Minister, the Native Trustee, a Maori Land Board, or a Registrar of the Native Land Court that the amount secured by any charge granted under this subsection or any part thereof has been paid or otherwise satisfied shall be accepted as sufficient proof of the satisfaction and discharge, pro tanto, of such charge, and may be registered accordingly.
(5)
Any charge constituted under the last preceding subsection may be registered under the Land Transfer Act, 1915, or the Deeds Registration Act, 1908, and may from time to time, on the application of the Native Minister, be enforced by the Court either—
(a)
By the appointment of a receiver in respect of the land so charged; or
(b)
By making an order vesting in His Majesty the King either the whole or such part of the land so charged as will, in the opinion of the Court, be sufficient to satisfy the charge. Any such vesting order shall vest the land affected thereby in His Majesty the King, subject, however, to any estate or interest having priority to the charge, and the charge shall thereupon be extinguished.
(6)
All land becoming vested in the Crown by way of vesting order under this section shall become Crown land subject to the provisions of the Land Act, 1924, and shall be administered and dealt with accordingly, and may be proclaimed Crown land under the provisions of Part XIX of this Act.
(7)
(a)
For the purpose of assisting Natives to farm lands owned by or leased to them, the Native Minister may authorize the making of advances out of the Native Land Settlement Account.
(b)
All moneys advanced under this subsection in respect of any land shall bear interest at such rate as shall be prescribed, and shall be secured by way of mortgage over the land in respect of which the advance occurs, or over such other additional land or interest in land as may be thought advisable, and on such terms and conditions as may be imposed. In addition, there may be required such other and collateral security over chattels and otherwise as may be deemed expedient.
(c)
The amount of any advance as aforesaid shall not exceed an amount equivalent to three-fifths of the value of the land or interests in land included in the mortgage.
(d)
The Native Minister may delegate to a Maori Land Board or the Native Trustee the power of making advances under this subsection, and in the case of a Board it shall be deemed to be empowered to expend the moneys for the benefit of the mortgagor as nearly as may be in accordance with the provisions of section five hundred and twenty-three of this Act. Any mortgage executed under this subsection may be in the name of the Board or the Native Trustee, and may be enforced accordingly, but shall be deemed to be held in trust for His Majesty the King.
(e)
All moneys repaid under this subsection shall be paid into and form part of the Native Land Settlement Account.
(8)
The Governor-General may from time to time, by Order in Council, make all such regulations as may be required for the purpose of giving effect to the provisions of this section.
(9)
(a)
For the purpose of enabling the Native Minister to carry into effect any of the powers granted to him under this section, the Governor-General may from time to time, by Order in Council, prohibit any alienation of Native land in respect of which the Native Minister has given notice that he intends to apply thereto the provisions of this section. Any such Order in Council may be at any time varied or revoked as to the Governor-General in Council may appear expedient.
(b)
All the provisions of Part XIX of this Act relating to prohibition of alienation during negotiations for purchase by the Crown shall apply during the currency of such Order in Council to all land affected by the Order in Council, but no such Order in Council shall prevent any lease, sale, or other alienation by a Board or by the Native Trustee of any Native land vested in that Board or Trustee.
(10)
(a)
Where the Native Minister has under subsection three hereof delegated to a Board the powers conferred upon him by the said subsection, the Board may, if so directed by the Native Minister, expend from its account such sum or sums as may be deemed expedient for all or any of the purposes of the said subsection three.
(b)
A charging-order may be granted or made under subsection four hereof in favour of a Board for or in respect of any money expended or intended so to be under the last preceding paragraph.
(c)
If and whenever any land subject to a charge in favour of a Board becomes vested in the Crown under subsection five hereof, a sum equivalent to the value of land so vested in the Crown shall be paid out of moneys in the Native Land Settlement Account or otherwise available for the purchase or acquisition of Native lands to the Board.
(11)
(a)
Where in the course of carrying out under the provisions of subsection three hereof any operations for development of Native land or land owned by Natives it is deemed expedient to extend the same to any Crown land, the Native Minister may, with the consent of the Minister of Lands, apply such operations to any adjoining or other Crown lands, and may expend moneys thereon in the same manner as if the Crown land was Native land or land owned by Natives.
(b)
If and whenever any adjacent Crown land is being improved or increased in value by reason of any operations or expenditure of money under the provisions of this section upon Native land or land owned by Natives, there may be transferred to the credit of the Native Land Settlement Account from the Land for Settlements Account such amount as may be mutually agreed upon by the Native Minister and the Minister of Lands in respect of the benefit to such Crown land. Any money so transferred shall be applied so far as it will extend in satisfaction of the charge (if any) created upon the Native land or land owned by Natives in respect of such development, and if any doubt shall arise as to the apportionment or appropriation of such money, the matter shall be determined by the Court.
(12)
(a)
If and whenever under the powers in that behalf contained in the Land Laws Amendment Act, 1929, any Crown lands or settlement lands are being developed and improved, it shall be lawful, with the consent of the Native Minister first obtained, to extend such operations to the development and improvement of any adjacent Native land (including land in which the Crown has acquired any interest), and in such operations to expend out of the Land for Settlements Account such sum or sums as the Lands Development Board or the Minister of Lands may think expedient. For all the purposes of this subsection the provisions of subsection one, two, three, and six of section six of the Land Laws Amendment Act, 1929, shall apply to the Native land affected as fully and effectually as if such land was mentioned therein.
(b)
All moneys expended under this subsection shall be a charge upon the lands in respect of which the expenditure is made, and shall bear interest at such rate as the Minister of Finance shall from time to time determine. Such moneys shall be transferred to the credit of the Land for Settlements Account from the Native Land Settlement Account.
(c)
All the provisions of subsections four and five of this section, with such modification as shall appear necessary, shall apply to moneys expended or proposed to be expended under this subsection, and orders charging the land affected in favour of the Crown may be made and enforced accordingly.
(d)
The Native Minister may give notice published in the Gazette that the provisions of this subsection are being applied to Native land or that it is intended so to apply them, and thereupon no owner of the land affected shall, except with the consent of the Native Minister, be entitled to exercise any rights of ownership in connection with the land affected so as to interfere with or obstruct the carrying-out of any works under this subsection.
(13)
If and whenever under the provisions of this or any other Act a Maori Land Board or the Native Trustee is farming or developing any land vested in either of them or any land owned by or leased to a Native and whether under order of the Court or otherwise, the Native Minister may with respect to such land or any part thereof by writing under his hand declare that it shall be subject to the provisions of this section, and the same shall thereupon become so subject and be dealt with accordingly and the Native Minister may with respect to the said land exercise all or any of the powers conferred upon him by this section. The Native Minister may direct that all or any of the assets or liabilities appertaining to such land shall be taken over from the Board, Native Trustee, or any other person under the provisions of this section and shall be paid for out of the Native Land Settlement Account.
(14)
A Board may, and if directed so to do by the Native Minister shall, enter into a contract with any Native or any beneficial owner for milking, farming, or cropping on shares upon any land being administered or dealt with under this section, for such term and upon such conditions as to remuneration or otherwise as the Board thinks fit. Such contract shall be in the Board’s own name and shall be as effective as if the Board was the legal owner of the land mentioned therein.
(15)
If and whenever the Native Minister is of opinion that it would be in the interests of the beneficial owners or in the public interest that any lands to which the Minister has decided to apply the provisions of this section should be utilized for the purpose of some industry other than farming, and whether such land is vested in the beneficial owners or in the Board, and whether such industry affects anything on the surface of the land or below the surface, he may so direct the Board, and the Board may, with the Minister’s approval, contract with any person or company for the purpose of promoting, establishing, and carrying-on such industry, whether by way of sale, lease, license or otherwise, and for the purpose of entering into any contract the Board shall be deemed to be the lawful agent of the Native owners and may execute any instrument required in its own name and under its seal, and such instrument when so executed shall, notwithstanding anything in this Act to the contrary, be valid and effectual for all purposes and shall take effect according to the tenor thereof in the same manner in all respects as if it had been duly executed by all the Native owners of the land concerned and as if all the said owners had been fully competent to execute the same and were entitled to do so by law.
(16)
(a)
Every person shall, upon conviction in a summary manner, be liable to a penalty not exceeding twenty pounds, or to imprisonment for a period not exceeding three months, who—
(i)
Wilfully trespasses on any land which is being dealt with or developed under the provisions of this section, and neglects or refuses to leave such land after being warned to do so by any person authorized in that behalf by the Native Minister or the Minister of Lands:
(ii)
Wilfully obstructs, hinders, or delays any officer, servant, or workman in the performance or intended performance of his duties under this section, or otherwise obstructs or interferes with the carrying-out of any works under this section.
The fact that any person charged has an interest in the land shall not prevent his act being an offence under this subsection. A certificate under the hand of a Registrar of the Native Land Court that the provisions of this section are being applied to any land shall be accepted in all Courts as prima facie proof that the land therein referred to is subject to and is being dealt with or developed under the provisions of this section.
(b)
No proceedings shall be taken under this subsection except with the written consent of the Native Minister.
523 Enabling Maori Land Board to encourage Maori industry and development of Native land.
1928, No. 49, s. 3 1930, No. 29, s. 7
(1)
A Board may, with the consent of the majority of the Native owners of any land or of the committee of management, where such owners are incorporated, and subject to any lease, license, or other alienation to which such land is subject, cultivate, use, and manage the whole or any part or parts of such land, and may carry on any agricultural or pastoral business or any other business or occupation connected with land and the produce thereof on behalf of and for the benefit of the owners or such Natives as may be interested in the business carried on.
(2)
For the purpose of any such business the Board may purchase or otherwise acquire stock, implements, or other personal property as it may think expedient, and may also sell or otherwise dispose of all stock, crops, or other personal property acquired, held, grown, or produced by the Board in the course of such business.
(3)
The Board may appoint and employ all such servants or agents as it may deem necessary, at such remuneration as shall be fixed by the Board.
(4)
All revenue derived by the Board from the operation of such business shall after payment of all outgoings be applied by the Board in accordance with the provisions of section three hundred and forty-three of this Act.
(5)
The Board may retain any part of such revenue as a reserve fund for expenditure in the management of the business, and may from time to time as it thinks fit either expend the reserve fund accordingly or may distribute it or any part of it among the persons entitled thereto.
(6)
The Board may from time to time expend from the Board’s account such sum or sums as it shall consider expedient for the purposes of carrying on such business.
(7)
The Board shall be entitled to make a reasonable charge for administration, and all expenses and liabilities (including administration expenses) incurred by the Board in the conduct of such business or operations shall be a charge upon the revenue received by the Board from such business as well as upon the land whereon the said business is conducted.
(8)
The Board may from time to time for the purpose of such business borrow money on the security of crops, stock, or other chattels owned by the Board or held by it on behalf of the beneficial owners of the land, and also, with the consent of the Native Minister, upon mortgage of the whole or any part of the land to which the said business is attached, and may execute all necessary instruments for securing the repayment of the moneys so borrowed.
(9)
(a)
Any instrument of alienation of land executed by the Board under this section shall, without confirmation under Part XIII of this Act or the necessity of taking proceedings under Part XVIII of this Act, have the same force and effect and may be registered in the same manner as if it had been lawfully executed by all the owners or their trustees, and as if those owners had been fully competent in that behalf, and may be registered accordingly.
(b)
An instrument of alienation executed by the Board under the provisions of this section shall contain a statement or recital that the Board is duly authorized to execute the same as agent of the owners under the provisions of this section, and every such statement or recital shall be accepted by the District Land Registrar and by all Courts as sufficient prima facie evidence of the fact so stated or recited.
(10)
A Board may make advances from the Board’s account to any Native beneficiary in respect of his share or interest in the profits of the business either by way of anticipation or otherwise.
(11)
All sums of money advanced by the Board, whether on account of the business generally or to a beneficial owner, shall constitute a charge upon the land and shall bear interest at such rate as the Board shall from time to time determine. The charge may also be extended to any other land or interest in land which the Court may direct shall become security for the advances made under this section.
(12)
(a)
The Court may by order declare that any land owned by Natives shall be subject to the provisions of this section for such period as may be defined in the order, and thereupon the said land shall become subject to the provisions of this section in the same manner as if the beneficial owners had consented thereto, and the period fixed by the order may be extended by the Court from time to time.
(b)
The Court may by order direct that any other land or interest therein owned by the same Natives or some of them (and notwithstanding that the land may be held jointly with other persons) shall become security for the advances made by the Board, and the Court by its order may direct that such security be limited to the interests of some only of the owners thereof.
(13)
The Court may by order direct that any land shall be no longer administered by the Board under this section, and thereupon the Board shall cease to have control thereof, but without releasing the land or any of the parties from any antecedent liability incurred to or by the Board, and the Board may notwithstanding such cesser continue to exercise its powers of creation and enforcement of charges hereunder so long as any such liability remains.
(14)
The provisions of section five hundred and fifty of this Act shall apply to all moneys arising hereunder while held by the Board as fully and effectually as if the moneys so held were a trust fund under such section. No person other than a Native beneficiary shall be capable of acquiring any beneficial interest except by will or by order of the Court in any crops, stock, or chattels held by the Board or in any revenue derived or to arise therefrom, nor shall the beneficial interest of any Native beneficiary be liable to be taken in execution or attached or become assets in the bankruptcy of a Native beneficiary or pass to the Official Assignee in that bankruptcy.
(15)
This section shall also extend and apply to any land acquired or held by or vested in a Board which the Board may elect to utilize in accordance with this section, and in such case the Board shall not be required to obtain the consent of the beneficial owners, and the Board may execute in its own name all such instruments of alienation and otherwise as may be necessary.
(16)
(a)
When any land is being administered or dealt with under this section the Board shall be deemed to be the agent of the owners for the purpose of granting leases of that land and may, without further authority than this Act, lease the land or any part thereof accordingly to any Native, but not to a European unless he be a beneficial owner.
(b)
Every such lease shall be in writing executed by the Board in its own name under its seal and shall, as between the Board and the lessee, constitute for all purposes the relation of landlord and tenant in the same manner in all respects as if the Board was the owner of the land for a legal estate in fee-simple, and the production for registration purposes of the certificate of title in the hands of the legal owner shall not be necessary.
(c)
Every such lease shall be for such term and for such rent and subject to such conditions as the Board may think fit, and the Board may at any time accept a surrender of any such lease. A lease may be granted hereunder notwithstanding that a limited period has been fixed in any order made by the Court under subsection twelve hereof.
(d)
Except with the precedent consent of the Board, no lease or sublease of land leased by the Board under this section shall be capable of being assigned to any other person nor, except with the precedent consent of the Board, shall any sublease of any land so demised or of any part thereof be capable of being granted to any other person. Except with the approval of the Native Minister, the consent of the Board shall not be given to any assignment or sublease in favour of a European. Nothing in this section applies to any disposition by will or by operation of law.
(17)
In lieu of granting a lease under the last preceding subsection or in addition thereto, the Board may enter into a contract with any Native or any beneficial owner for milking, farming, or cropping on shares upon any land being administered or dealt with under this section, for such term and upon such conditions as to remuneration or otherwise as the Board thinks fit. Such contract shall be in the Board’s own name and shall be as effective as if the Board was the legal owner of the land mentioned therein.
(18)
Notwithstanding the provisions of section two hundred and seventy-three of this Act, a Board may refuse to confirm an alienation of land which is being administered or dealt with under this section.
Part XXIV Special Powers and Authorities
524 Enabling several areas to be farmed and dealt with conjointly.
1927, No. 67, s. 9
(1)
Where several areas of Native land or land owned by Natives are vested in a Maori Land Board or in a body corporate constituted under Part XVII of this Act, and it is convenient or otherwise advisable that any such areas be occupied and farmed conjointly, the Board or corporate body, as the case may be, shall have and be deemed to have always had full power and discretion to jointly occupy and manage the several areas as one or more farms, and carry on any agricultural or pastoral business on behalf and for the benefit of the beneficial owners of such areas, notwithstanding that the several areas may be owned either legally or equitably by different sets of owners under separate titles or otherwise.
(2)
When several areas of land are jointly occupied and managed as a farm the Board or corporate body, as the case may be, and subject to all necessary consents in that behalf, shall have and shall be deemed to have had power to raise money upon the security of the several areas of land vested in it, and to mortgage, either jointly or otherwise, all or any of such areas as one or more securities, and to expend such moneys or any part thereof either upon one only or more than one of such areas of land.
(3)
(a)
The provisions of section one hundred of this Act shall be deemed to extend and apply to cases where two or more areas are conjointly occupied and farmed. Moneys advanced under that section may be charged upon all or any of the lands so conjointly occupied and farmed and the memorandum of charge thereby authorized to be executed shall operate and take effect according to its tenor.
(b)
A Board shall be deemed to have power to adjust or apportion any such charge in any way that may seem expedient.
(4)
For the purpose of dividing any profits or adjusting any losses the beneficial owners of the several areas shall be deemed to be beneficially interested in the whole estate in the proportion which the value of the shares in any one area in which they are beneficial owners bears to the whole estate.
(5)
For the purpose of ascertaining the value of any area or of any particular beneficial interest as regards the whole estate, the valuation of the unimproved value of the land for the time being in force under the Valuation of Land Act, 1925, shall be taken as a guide: Provided that where there were unexhausted permanent improvements upon any area prior to its being occupied and farmed jointly with any other area the value of such improvements shall also be taken into account.
(6)
The Board or corporate body, as the case may be, may adjust the accounts between the respective areas: Provided, nevertheless, that the Board, the body corporate, or any person interested may apply to the Court so to do. The Court shall have jurisdiction to inquire into all the circumstances and make such orders as to adjustment of the accounts between the several areas or between the beneficial owners of each area as to it may seem just.
(7)
Wherever in the opinion of the Court it is necessary or expedient to do so, the Court may grant an order charging any one or more of such areas, and the legal or equitable interests therein of the beneficial owners, with the payment of such sum as it shall find the beneficial owners of any other area are entitled to under any adjustment of accounts as in the last preceding subsection mentioned.
525 Defining status of a Native declared to be a European.
1912, No. 34, s. 17 1928, No. 49, s. 4
(1)
Where any Native has been declared by Order in Council under any Act hereby repealed to be a European the Native so declared to be a European shall to all intents and purposes, except as hereinafter provided, be deemed to be no longer a Native or a Maori within the meaning of this Act or of any other Act.
(2)
No such Order in Council shall operate retrospectively so as to affect the validity, legality, or operation of any contract, alienation, disposition, or other act, matter, or thing whatsoever prior to the making of the Order in Council.
(3)
The status as a Native of the wife or husband, or child or other issue (whether born before or after the date of the Order in Council), of a Native so declared to be a European shall continue unaffected by the change of status of such last-mentioned Native.
(4)
Every person declared to be a European shall, notwithstanding the change of status, be entitled to succeed to Native land and to property of every kind as if he had continued to be a Native and as if his status had not been changed, and all right of succession shall accordingly continue in and thereafter may accrue to him, and may be derived through him, as if he had continued to be a Native and as if his status had not been changed.
(5)
If any person declared to be a European dies intestate, the persons entitled to succeed to his property, real and personal, shall be such as would have been entitled to succeed thereto had he died a Native and as if his status had not been changed in his lifetime.
(6)
A copy of any such Order in Council, or of an Order in Council revoking the same, certified under the hand of the Under-Secretary of the Native Department, may be registered under the Land Transfer Act, 1915, against the title of any Native freehold land.
(7)
(a)
Any such Order in Council may by Order in Council be at any time revoked, and upon the revocation thereof the person named in any such Order in Council shall be deemed to be no longer a European but shall again become a Native within the meaning of this Act, and all land owned by such person which became European land pursuant to this section shall revert to its former status of Native freehold land.
(b)
Nothing in this subsection shall take away or affect any right existing at the date of the revocation of an Order in Council under this section to the specific performance of any contract for the alienation of any land which is affected by the provisions of this subsection, or to the enforcement of any mortgage, charge, or encumbrance or any equitable interest therein, and every such right shall be enforceable and may be acted on and carried into full effect.
(c)
The provisions of section five hundred and forty-nine of this Act (relative to protection against bankruptcy and execution) shall not apply to any such land in respect of debts and liabilities incurred by the person named in the Order in Council within a period of three years prior to its revocation.
526 Land held in severalty by a Europeanized Native to cease to be subject to provisions of any statute under which it is being administered.
1913, No. 71, s. 11
(1)
All Native land held for a legal estate in severalty to which any person who has been declared a European under the provisions in that behalf is beneficially entitled shall cease to be subject to the provisions of any statute under which such lands are being administered for his benefit, subject to any existing encumbrances and to all beneficial rights (if any) of any other person, and shall be held by him with the same rights and subject to the same limitations as if the land had become European land under Part XIII of this Act.
(2)
Any person entitled as aforesaid to a share or interest not held in severalty shall have a right to have his interest allocated on partition, and may apply to the Native Land Court accordingly.
(3)
Any moneys held by the Native Trustee or by a Maori Land Board on behalf of any such person shall be paid to such person only in pursuance of an order of the Court.
527 Court to inquire and determine the beneficiaries of Crown land reserved for Natives.
1912, No. 34, s. 11 1914, No. 63, s. 13
(1)
Where any Crown land has been set aside or reserved for the use or benefit of Natives, or where it is proposed to so set aside or reserve any such land, the Court shall have jurisdiction, on the application of the Minister of Lands, to inquire and ascertain what persons shall be included in the certificate of title or other instrument of title of that land, and to determine the relative interests of the persons so ascertained, and the Court shall report its findings to the Governor-General.
(2)
After receiving any such report the Governor-General may direct the District Land Registrar of the district within which the lands referred to in such report are situated to issue a certificate or certificates of title for such land in favour of the Natives so ascertained to be entitled, and if more than one as tenants in common according to their respective shares and interests, subject to such restrictions on alienation as to the Governor-General shall seem fit; and the District Land Registrar shall issue certificates of title accordingly.
528 Exchange of land for rearrangement of boundary-line.
1913, No. 58. s. 134
Where the owners of adjoining blocks of Native freehold land or the owners of Native freehold land and the owners of adjoining European land agree to rearrange a boundary-line for the purpose of convenience or economy in fencing, the Court may make an order vesting the Native freehold land agreed to be exchanged:
Provided always that the Court shall be satisfied that the agreement is bona fide and is just and reasonable, and that any land so vested in a European shall not materially increase the area held by him, and that a valid and effectual transfer or conveyance of the land to be given in exchange is made by the European to the Native owners.
529 Enabling Court to readjust boundaries between Native lands and, by consent, between Native land and Crown or European land.
1930, No. 29, s. 14
(1)
If and whenever the Native Minister is of opinion that any two or more areas of land owned or partly owned by Natives ought to have any of the boundaries of such land readjusted, he may apply to the Court for a redefinition of the boundaries of the lands affected, and the Court, if satisfied that it is in the public interest or in the interests of the owners so to do, may make an order readjusting and redefining the boundaries and parcelling out the areas in accordance with a scheme of subdivision to be adopted by the Court.
(2)
If in the course of such proceedings it appears desirable to include in any such scheme of subdivision any Crown or any European land not owned by Natives, the Court may, with the consent of the Minister of Lands in the case of Crown lands, and of the owners or majority of the owners in the case of European-owned land, and of the proprietors of any registered encumbrance thereon, make orders accordingly readjusting or redefining the boundaries of such Crown or European land. No European having given his consent to the Court dealing with the matter shall, unless with the leave of the Court, be entitled to withdraw his area from the scheme of subdivision or from the jurisdiction of the Court. The provisions of Part XII of this Act relating to limitation of area or as to the acquisition of limited areas by disqualified persons shall not apply to any land comprised in an order made under this section.
(3)
When any order is made under this section the Court may in that order, or by any subsequent order made on the application of any person interested or of the Native Minister, apportion between the several parcels into which the land has been readjusted or parcelled under the scheme of subdivision all rights, obligations, or liabilities arising from any lease, license, mortgage, or charge to which the land is subject at the date of any order made under this section, and any such order of apportionment shall have effect according to its tenor in the same manner in all respects as if all necessary transfers, releases, covenants, and other dispositions or agreements had been duly made in that behalf by all persons concerned, and may be registered and dealt with under the Land Transfer Act, 1915, accordingly.
(4)
For the purpose of carrying-out any scheme of subdivision, the Court may grant to the Crown or any Native or other person an interest in any land, notwithstanding that the Crown or such person may not theretofore have had any interest in that land, and may give to the land so awarded such name or description as it thinks expedient, notwithstanding that a title may have issued in some other name or by some other description. The Court may vest any portion of Crown land that comes within the scheme of subdivision in any person who, in the opinion of the Court, should receive a title for the same, and a title may be issued by the District Land Registrar therefor without other warrant than this Act.
(5)
(a)
The Court, in carrying any scheme of subdivision into effect, may exercise in the same manner and with the like effect all the jurisdiction and powers which the Court is authorized and empowered to exercise under Part VII of this Act in the same manner and with the same effect as if the Court was carrying into execution a scheme of consolidation under that Part.
(b)
The Court may engage and appoint any person to advise and assist the Court on any questions that may arise as to location, value, or boundaries of the land being dealt with under this section, or any part thereof, but such person shall exercise no judicial function. Any person so engaged and appointed by the Court shall be paid, out of moneys appropriated by Parliament for the purpose, such remuneration and travelling allowances and expenses as the Court shall think reasonable or as the Native Minister may approve.
(c)
The costs and expenses incurred in regard to such an appointment may be allocated against the respective lands included in the scheme of subdivision in such manner as the Court thinks fair and just, and the Court may, if and when it thinks it necessary, make an order charging any land with any sum payable in respect of any costs and expenses so incurred.
(6)
The Court may, if in its opinion it is expedient so to do, vest in any person a greater quantity of land than he would appear to be entitled to under the scheme of subdivision, subject to the payment of such sum by way of equality as the Court shall find to be just. In such case, or in any case where the Court finds it convenient to allow a liability to remain upon any land or when it is necessary in the course of any proceedings to protect the rights of any person, the Court may make an order having the effect of charging the interests of any person or any number of persons (including the Crown when it is interested in the lands affected by the scheme of subdivision) with the payment of any sum of money to any other person, or to the Crown, together with interest at such rate as the Court shall decide.
(7)
The District Land Registrar is hereby authorized to cancel, vary, or amend any title that may be registered or provisionally registered under the Land Transfer Act, 1915, to conform to the orders of the Court made under this section, but no such cancellation, variation, or amendment shall take away or affect any right or interest acquired in good faith and for value prior to the order of the Court. For the purpose of correcting any error that may have inadvertently occurred, the Court shall be deemed to have authority to make such order as may be necessary to restore or preserve the rights of any person prejudicially affected.
(8)
Any Crown land or European land vested in Natives under this section shall be deemed to become Native freehold land subject to this Act, and may be dealt with accordingly.
530 Money payable to Natives may, in case of uncertainty of title, be paid to the Native Trustee.
1909, No. 15, s. 428
(1)
Any lessee of Native land or other person owing money to Natives in respect of any alienation or disposition of Native land may, with the leave of a Judge of the Court, in any case in which in the opinion of that Judge there is any doubt or dispute as to the persons entitled to receive that money, pay that money to the Native Trustee, whose receipt shall be a sufficient discharge therefor in the same manner as if the money had been then paid to the persons entitled thereto.
(2)
The leave of a Judge may be granted under this section whether the money in respect of which it is granted is already due and owing or not.
(3)
Where it thinks it expedient so to do the Court may make an order (which may be varied or cancelled) that any rent payable under any lease of Native land be paid to the Native Trustee, who shall thereafter be alone capable of giving a good discharge for the rent mentioned in the order until such order is varied or cancelled. Any order made under this subsection may be registered under the Land Transfer Act, 1915.
(4)
The Native Trustee shall hold all moneys paid to him under this section on trust to pay the same to such persons as the Court shall from time to time determine.
(5)
Any person paying money to the Native Trustee under this section shall at the same time pay to the Native Trustee commission on that amount at the rate prescribed, and this commission shall, if unpaid, constitute a debt due by that person to the Native Trustee.
531 Board may collect rents.
1913, No. 58, s. 103
Any person by whom any rent or other moneys are due to the owners of Native land may, with the consent of the President, pay the same to a Maori Land Board for distribution among such owners, and such payment shall be a sufficient discharge to the person making the same. The rent shall thereafter be payable to the Board unless the President otherwise directs. Such person shall pay to the Board such commission, not exceeding five pounds per centum on the amount to be distributed, as the President shall in the circumstances consider just and reasonable.
532 Provision to allow tramways over Native lands.
1929, No. 19, s. 6 1930, No. 29, s. 8
(1)
Any person owning timber or the right to cut timber on any land from which there is no practicable and suitable means or way of removing the same to any railway, road, mine, or sawmill, other than by crossing Native land or land owned by Natives, may apply to the Court for an order authorizing any person named therein to construct and use a road or tramway over such land for the removal of the timber, and the Court may make an order accordingly. The Court may, subject to the payment by the applicant of the cost of survey, make a requisition to the Chief Surveyor of the district for a survey of the proposed route of the road or tramway. The jurisdiction of the Court shall extend to the making of an order in respect of any existing tramway, notwithstanding that such tramway may have been constructed or laid down with or without authority.
(2)
The order shall set forth clearly the route to be adopted for such road or tramway, the land to be used, the conditions under which the road or tramway is to be constructed and used, and the period for which the right to use the road or tramway shall last; and such order may be renewed from time to time. Such order shall, according to its tenor, be sufficient authority for the person named therein to enter on the land and construct and to use and maintain the road or tramway upon the terms and conditions and for the period specified in the order, and may be registered under the Land Transfer Act, 1915, or the Deeds Registration Act, 1908, as the case may require.
(3)
The Court shall assess and determine what rent or compensation (including, if necessary, the cost of fencing and a reasonable allowance for the cost of distribution of any amount awarded) ought to be paid in respect of any right granted by an order made under this section, and may make such order or orders in relation thereto as it thinks fit. Such last-mentioned order or orders shall state by whom and to whom the amount awarded shall be payable. The rent or compensation may be directed to be paid to a Maori Land Board for distribution to the persons entitled.
(4)
The Court may require any person applying for an order under this section to deposit with the Maori Land Board of the district such sum as it shall think sufficient to answer any claim for rent or compensation as aforesaid, or may require such person to give security to the Board for the payment of such rent or compensation.
(5)
If and whenever any person to whom a right to construct or use a road or tramway is granted by an order made under this section fails to observe and perform any of the conditions of such order, or to pay the rent or compensation assessed in respect thereof by the Court, the Court may cancel the order authorizing the construction and use of such road or tramway, and thereupon the rights granted by the order shall cease and determine.
(6)
It shall be lawful for the person authorized to construct or use a road or tramway by an order made under subsection one hereof to enter upon the land to which the order refers at any time during the currency of the order or within two months after it has ceased to operate, and to remove any structure and materials placed by him upon the land in the exercise of the rights conferred upon him by the order, doing as little damage as possible to the soil:
Provided that where an order has been cancelled under the last preceding subsection, or where, for some reason which the Court thinks sufficient, such structure or materials have not been removed within the time limited, the Court may grant the right to remove any structure or materials upon such terms as it shall deem just.
(7)
Section two hundred and nine of the Public Works Act, 1928, shall not apply to Native land or to land owned by Natives.
533 Prevention of waste on Native land.
1929, No. 19, s. 3
(1)
Every person who, without lawful authority, the proof whereof shall be upon him, wilfully cuts or removes any timber-trees, timber, or other wood, or any flax, kauri-gum, or minerals from any Native freehold land shall, upon conviction in a summary manner, be liable to a penalty not exceeding twenty pounds or to imprisonment for a period not exceeding three months.
(2)
Every person who in disobedience of an order by way of injunction made by the Court wilfully cuts or removes any timber trees, timber, or other wood, or any flax, kauri-gum, or minerals from any Native freehold land mentioned in such order shall, upon conviction in a summary manner, be liable to a penalty not exceeding twenty pounds or to imprisonment for a period not exceeding three months. The fact that any person charged has a partial interest in the property shall not prevent his act being an offence under this subsection. Nothing in this subsection shall relieve any person from any penalty to which he may be liable otherwise than under this section, but no person shall be punished twice in respect of the same matter.
(3)
It shall be lawful for a Maori Land Board to authorize by warrant under the seal of the Board any person or persons to seize and take possession of any timber or other wood, or any flax, kaurigum, or minerals cut or removed in contravention of the provisions of this section, although the offender may not have been prosecuted therefor, and to hold possession of the same pending the order of the Court as to the disposal thereof.
(4)
The Board shall be entitled to claim and recover, from any person holding the same, any proceeds of the sale of any timber or other wood, or of any flax, kauri-gum, or minerals illegally cut or removed as aforesaid, and to hold such proceeds pending the order of the Court as to their disposal.
(5)
The Court may make such order as to it seems just and expedient for the disposal of any goods or moneys held under this subsection.
(6)
No member of a Board or any person acting under its authority shall be personally liable for any act done in good faith in pursuance or intended pursuance of the authority of this section.
534 Court may make order authorizing person named therein to take possession of timber, &c., and to hold the same pending order of Court as to its disposal.
1929, No. 19, s. 4
(1)
If and whenever the Court is satisfied that the delay likely to be caused by proceeding in the ordinary way would or might entail irreparable injury, the Court may, on the application of any person interested or on its own motion ex parte, make an order directing the person or persons named therein to take possession of any timber or other wood, or of any flax, kauri-gum, or minerals (hereinafter referred to as chattels) which it has reason to believe will be or are likely to be removed or disposed of in contravention of the provisions of the last preceding section, and the person or persons named in such order may thereupon take possession of the chattels mentioned therein and shall hold the same subject to the order of the Court as to the disposal thereof.
(2)
An order under this section may be made by the Court in such manner and in accordance with such procedure as the Judge or Commissioner dealing therewith thinks fit, notwithstanding anything to the contrary in this Act or in Rules of Court, and it shall not be necessary for the Court on making any such order to proceed judicially in open Court.
(3)
No appeal shall lie to the Appellate Court from any order made by the Court under this or the last preceding section.
535 Offence to obstruct person in exercise of powers under last two preceding sections.
Ibid., s. 5
Every person who obstructs or resists any person in the performance of his duties or the exercise of his powers under or for the purposes of section five hundred and thirty-three or section five hundred and thirty-four hereof shall be liable, upon conviction in a summary manner, to a penalty not exceeding one hundred pounds or to imprisonment for a period not exceeding one year.
536 Enabling settlement of claims for rates on Native lands.
1928, No. 49, s. 16
(1)
It shall be lawful for a local authority by resolution to accept in full payment and satisfaction of all rates due to the local authority in respect of lands situate within the district over which such local authority has control, which are owned or leased by Natives, the sum mentioned in any such resolution, which shall be payable in such manner as the local authority shall agree.
(2)
A compromise so effected may extend and apply to rates to be levied in the future up to such period as may be stated in the resolution, and in every such case the rates for the period set out in the resolution of the local authority shall be deemed to be paid, and it shall not be necessary for the local authority to make any claim therefor.
(3)
A compromise may provide for the exception therefrom of any special class or classes of land owned or held by Natives, which shall be stated in the resolution passed by the local authority.
(4)
The amount received by the local authority shall be deemed to be apportioned pro rata over the various rateable properties in respect of which the rates compromised are levied, or in the case of future rates are intended to be levied, but notwithstanding anything to the contrary in the Counties Act, 1920, it shall not be necessary for the local authority to apportion the sum received among the riding accounts in accordance with that Act, but such sums may be paid into the credit of its general account or apportioned to the riding accounts in such manner as the Court may direct, or in default of such direction as the local authority may resolve. Nothing in this section shall disturb any allocation or appropriation already made by a local authority respecting any money received before the commencement of this Act.
(5)
No Native shall be liable for any rates due to a local authority in respect of which a compromise has been effected in accordance with this section during the rating period over which a compromise extends.
537 Authorizing Native Minister to compound Native rates and acquire land in satisfaction thereof.
1930, No. 29, s. 13
(1)
It shall be lawful for the Native Minister to arrange with any local authority for the payment to it in full settlement and satisfaction of all or any rates due or to become due to the local authority in respect of lands situate within the district over which such local authority has control and which are owned by or leased to Natives such sums as may be agreed upon between the Native Minister and the local authority, and the provisions of section five hundred and thirty-six of this Act shall apply to every such compromise.
(2)
A certificate under the hand of the Native Minister that an agreement or compromise under this section has been entered into with the local authority named in the certificate and of the amount that is payable to the local authority thereunder shall be accepted as sufficient prima facie proof of the facts therein stated, and the said sum, together with a sum to cover the costs of distribution, shall thereupon be paid out of the Native Land Settlement Account as and for the purchase or acquisition of Native land.
(3)
The amount payable under any agreement or compromise entered into under this section shall be paid to the Maori Land Board of the district for disbursement to the local authority. The Board may inquire into any matter affecting the amount of rates alleged to be due in respect of which any payment is being made under this section, and may rectify and adjust any error that may be found to have been made in the claim of the local authority, and make any necessary deduction from the amount payable to the local authority.
(4)
(a)
The payment of any amount by the Crown under the provisions of this section shall, as and when paid, constitute an equitable charge upon the land or interest in land affected by the said rates and upon every part thereof. Upon apportionment as hereinafter mentioned such amount may be recovered from the persons who would have been liable for such rates, or their successors in title, notwithstanding the provisions of section five hundred and forty-nine of this Act to the contrary:
Provided that the amount to be recovered from any person in respect of any particular land shall not exceed the amount levied against such land for the rates included in the compromise, together with interest at such rate as may be approved by the Minister of Finance.
(b)
In case it becomes for any reason necessary to ascertain the amount of the rates so levied in respect of any land a certificate from the Registrar or from the County Clerk shall for all purposes be accepted as sufficient proof of the amount to be paid, and upon repayment to the Crown of the sum stated in the certificate the land in respect of which the payment is made shall be deemed to be freed and discharged from the statutory charge hereby imposed.
(5)
(a)
The Native Minister, or some person appointed by him for that purpose, may apportion among the lands included in a compromise for rates the amount paid to a local authority in such manner as he thinks expedient, and may from time to time grant a certificate under his hand imposing a charge or charges upon the different portions of the land or the interests in land affected by the rates compromised under this section, together with interest thereon at such rate as may be approved by the Minister of Finance and stated in the certificate. Any such certificate shall constitute a legal charge upon the land or upon the several parcels according to its tenor in lieu of the equitable charge aforesaid, and may be registered against the title to land under the Land Transfer Act, 1915.
(b)
It shall be within the discretion of the Native Minister as to what (if any) amount should be charged on each parcel of land:
Provided that the total amount to be recovered by the Crown in respect of payments under this section shall not be less than the amount paid to the local authority as aforesaid:
Provided further that if for any reason there is a shortage in the amount recovered by the Crown the same shall be recoverable from the Maori Land Board of the district wherein the land is situated, and shall be paid by the said Board to the Crown out of moneys in its account.
(c)
On and after any subsequent partition, exchange, alienation, or other disposition of the land so charged, the Court may make an order apportioning the charge in such manner as it thinks just.
(d)
A certificate under the hand of the Registrar that any charge has been paid or extinguished, either wholly or in part, shall be accepted as sufficient proof thereof, and may be registered against any title to any land subject to the Land Transfer Act, 1915.
(6)
Any charge so constituted may from time to time, on the application of the Native Minister, be enforced by the Court either—
(a)
By the appointment of a receiver in respect of the land or interest in land so charged; or
(b)
By making an order vesting in His Majesty the King an area of land (whether part of the land charged or whereon the rates have been paid or not) as is sufficient, in the opinion of the Court, to satisfy the charge, together with all interest, costs, and expenses.
Any such vesting order shall vest the land affected thereby in His Majesty the King, and the charge shall thereupon be deemed to be extinguished.
(7)
The Court in proceedings under this section may exercise all the powers and jurisdiction conferred upon the Court by Part VII of this Act as fully and effectually as if proceedings for consolidation were in progress:
Provided that it shall not be necessary for the purpose of this section to have any scheme of consolidation either proposed, formulated, approved, or being carried into execution.
(8)
A payment under a compromise entered into under the provisions of this section shall, for the purpose of section fifty-seven of the Counties Act, 1920, and any provision in any other Act to the like effect, operate as a payment in full of the rates on the lands affected by the compromise.
538 Board may be empowered to administer land when rates in default.
1926, No. 64, s. 12
(1)
Wherever default is made in the payment of rates that are levied upon any land owned by Natives other than Native freehold land, the Court may, on the application of the Native Minister or of any person interested, or of a Maori Land Board, appoint the Board a receiver in respect of the property so charged.
(2)
A receiver so appointed shall have the same rights as a receiver appointed under section forty-two of this Act, and the provisions of subsections five and six of that section shall apply to such receiver in the same manner as if the receiver had been appointed in respect of Native land, save that it shall not be necessary to obtain the leave of the Court to the grant of any lease or other instrument.
(3)
In addition to other powers conferred by the said section forty-two, the receiver shall have power to mortgage the property of which it is appointed receiver.
(4)
The receiver shall, out of the revenues derived from the land, satisfy any rates levied upon the said land, whether such rates are levied before or after the appointment of such receiver.
539 Rates may be paid to Boards and over-payments recovered.
1927, No. 67, s. 26
(1)
Where rates due upon Native freehold land are deducted from the proceeds of an alienation of such land, or from money advanced upon the security of such land, the amount so deducted shall be paid in the first instance to the Maori Land Board of the district wherein the land is situate, and it shall be the duty of the person making the deduction to forthwith pay the amount so deducted to the Board. The Board, upon being satisfied that the amount claimed to be due for rates, or any part thereof, is properly due and payable, shall pay to the local authority or person to whom it is due so much thereof as it shall find to be owing, and shall pay the surplus (if any) to the person entitled thereto.
(2)
The receipt of the Maori Land Board for the rates so paid as aforesaid shall be sufficient discharge, pro tanto, to the purchaser or mortgagee in respect of any liability that might attach to the land the subject of the alienation by reason of such rates being levied or charged upon the land. A charge granted under the Rating Act, 1925, in respect of such land shall, to the extent of the payment to the Board, be deemed to be paid or secured within the meaning of subsection eight of section one hundred and eight of that Act.
(3)
If and whenever money is paid by or on behalf of the owner to a local authority in respect of rates levied on Native freehold land, and it appears that such money has been paid or received in error, the person paying such money shall be entitled to a refund thereof and may recover the same by action in a Court of competent jurisdiction notwithstanding that the payment of such money may have been purely voluntary, and nothing in any Act requiring notice of action to be given to a local authority or limiting the time of commencement of action shall apply to proceedings taken under this section.
540 Enabling Native Trustee to act for absentee owner and others.
1930, No. 29, s. 12
(1)
If and whenever the Court is satisfied with respect to Native freehold land or land owned by Natives—
(a)
That the land is unleased and unoccupied and is not kept properly cleaned of noxious weeds; or
(b)
That any beneficial owner cannot be found; or
(c)
That any beneficial owner is in a position which renders it necessary or advisable that his land should be dealt with under this section, —
and the Court is of opinion that it is in the interest of the owner or in the public interest that the land or any interest therein should be alienated, it may make an order appointing the Native Trustee to execute in his own name as agent for and on behalf of the owner any instrument of alienation which shall be subject to confirmation by the Board, and any such instrument shall, on confirmation, have the same force and effect and may be registered in the same manner as if lawfully executed by the owner or his trustee and as if that owner or his trustee was fully competent in that behalf:
Provided that no alienation by way of sale under the provisions of this section shall be valid, except with the written consent of the Native Minister. The proceeds of any alienation under this section shall be paid to the Native Trustee, who shall hold the same in trust for the person beneficially entitled thereto or as the Court may direct.
(2)
No owner shall have power to revoke an agency created under this section, nor shall the death of the owner determine or put an end to such agency, but the Court may from time to time cancel or amend any order made hereunder. The cancellation or amendment of an order or the death of the owner, whether before or after the granting of an order under this section, shall not invalidate any alienation made or contracted to be made under the provisions of this section.
541 Authorizing Court to declare trusts regarding land or moneys held for Natives.
Ibid., s. 15
(1)
If and whenever any land or any sum of money has been heretofore or may hereafter be set aside by the Crown or was intended so to be upon trust for the use, support, or education of aboriginal Natives, or for the physical, social, moral, or pecuniary benefit of Natives, or for some purpose having for its object the benefit, betterment, and welfare of Natives, and it appears to the Native Minister that it is desirable that the trusts affecting the said land or money should be more expressly defined or should be altered or changed in any respect, the Native Minister may from time to time apply to the Court, and the Court shall have jurisdiction, to make an order determining and declaring upon what trust and for what purpose applicable to Natives the said land or money shall be held, and thenceforth the land or money referred to in such order shall be held upon the trusts and subject to the conditions set forth in the said order.
(2)
Where in any order made by the Court land has been set aside for some purpose not being for the benefit of individual Natives, and except in the case of any Native graveyard or burial-place, the Court may, upon the application of any person claiming to be interested or upon the application of the Native Minister, make an order declaring upon what trusts and conditions the land shall be held, and the land shall thenceforth be held upon the trusts and conditions set forth in the order of the Court made under this section, notwithstanding that they may differ from those originally laid down by the Court.
(3)
Any order made under this section may from time to time be annulled or varied by the Court upon the Court being satisfied that the order ought to be annulled or varied, and the Court may thereupon or at any time thereafter make a new order declaring the trusts and conditions upon which the land or money affected shall be held, and such subsequent order shall supersede all earlier orders so far as they are inconsistent therewith.
(4)
The Court shall as far as possible be guided by the original purpose for which the land or money was reserved, but no order shall be invalidated by reason of any variance from any former trust under which the land or money affected was held.
(5)
Where there is any revenue arising from any land or money under the circumstances set out in subsection one hereof and there is any doubt as to what purpose such revenue should be applied, the Court may, on the application of the Native Minister, make an order that it be paid to the Native Trustee or such statutory Board as the Native Minister shall approve for expenditure on behalf of Natives in accordance with the terms of the order directing the payment or any further order that may be made in the premises.
(6)
Nothing in the Public Reserves, Domains, and National Parks Act, 1928, or any other Act to the contrary, shall affect or prevent the operation of this section.
542 Reference to Court by Chief Judge.
1922, No. 48, s. 6
The Chief Judge may refer to the Court for inquiry and report any application or other matter as to which such inquiry is, in his opinion, necessary or expedient, and such reference shall be deemed to be an application within the ordinary jurisdiction of the Court, which shall have full power and authority to hear the same and to make such report to the Chief Judge or recommendation thereupon as the circumstances of the case seem to require.
543 Native burial-grounds and meeting-house sites may be declared Native land.
1927, No. 67, s. 28
The Governor-General may by Order in Council declare any of the following classes of land to be Native freehold land, and thereupon such land shall for all purposes be deemed to be Native land within the meaning of this Act: —
(a)
Land owned by or on behalf of Natives whereon is situated any Native burial-ground:
(b)
Land owned by or on behalf of Natives whereon a Maori church or Native meeting-house is erected, or whereon a Maori village is situated.
544 Enabling goldfields revenues to be paid to Board for distribution.
1928, No. 49, s. 17
Where money is payable to Natives or their descendants under the provisions of the Mining Act, 1926, the same may be paid to the Maori Land Board of the district wherein the land from which the revenue is derived is situated for distribution to the persons entitled to receive the same, and the receipt of the Board shall be a full discharge to the Crown for the money paid to the Board.
545 Taxation of conductors’ costs.
1922, No. 48. s. 22
(1)
Wherever any Native is charged or chargeable with any costs, charges, or expenses in connection with or incidental to the prosecution of or opposition to any claim or application to the Court or Native Appellate Court, or in connection with any proceedings before Parliament or any Committee thereof, such costs, charges, or expenses shall be subject to taxation.
(2)
Upon application by or on behalf of the person chargeable the Court may either tax such costs, charges, or expenses or refer the same to some officer for such purpose.
(3)
The Court may order a bill of items to be supplied for the purpose of such taxation.
(4)
Such taxation may take place notwithstanding the person chargeable may have entered into an agreement as to the amount to be paid, and if the Court thinks the agreement to be unfair or unreasonable it may reduce the amount payable under such agreement.
(5)
The Court or taxing officer shall certify in writing the amount that ought to be fairly paid in respect of such costs, charges, or expenses, and the amount so found shall be deemed to be the amount properly payable by the person chargeable.
(6)
This section shall not apply to any costs, charges, or expenses which are liable to taxation under the Law Practitioners Act, 1908.
546 Authorizing the provisional registration of mortgages to State Loan Department.
1926, No. 64, s. 11
(1)
Where a memorandum of mortgage to a State Loan Department affecting Native freehold land has been executed by one or more of the owners thereof, and such memorandum of mortgage cannot be immediately registered by reason of the orders for title being incomplete or not being upon the Land Transfer Register, the following provisions shall apply: —
(a)
The Registrar of the Native Land Court shall, at the request of the mortgagee, sign and forward to the District Land Registrar a certificate showing the date and nature of the order made, the name of the land affected thereby, the supposed area thereof, and the names of the persons entitled thereto, which certificate shall be embodied in the Provisional Register, and all the provisions of the Land Transfer Act, 1915, as to provisional registration shall apply thereto.
(b)
It shall not be lawful to register against a Provisional Register constituted under the authority of paragraph (a) hereof any instrument other than a memorandum of mortgage to a State Loan Department, and any discharge or other dealing therewith or thereunder, and any succession or other order (including an order of incorporation) transmitting title to the persons executing such mortgage, and any order creating a charge upon the land affected.
(c)
Upon receipt for registration of the order for title in respect of such land by the District Land Registrar the order shall also be embodied in the Provisional Register as a separate folium, and shall be numbered accordingly, and when so numbered shall be deemed duly registered, and all entries and memorials affecting the title to the land in such order shall be transferred to the folium so constituted. The folium mentioned in paragraph (a) hereof shall thereupon be cancelled as regards the land in the order for title so registered.
(2)
The registration of a certificate mentioned in subsection one hereof shall be deemed to be a bar to any proceedings being taken under section one hundred and fifty of this Act with respect to the land mentioned in such certificate.
Part XXV Miscellaneous
547 Execution by Natives of instruments under the Chattels Transfer Act, 1924.
1909, No. 15, s. 420 1913, No. 58, s. 123
(1)
Every instrument by way of security, within the meaning of the Chattels Transfer Act, 1924, which is executed after the commencement of this Act by a grantor who is a Native residing in the North Island shall, so far as it purports to create any such security, be wholly void unless it is executed in manner provided by this section.
(2)
If the grantor has a knowledge of the English language sufficient to enable him to understand the effect of the instrument if read or explained to him in that language, his signature thereto shall be attested by a solicitor of the Supreme Court, a Justice of the Peace, a Stipendiary Magistrate, a Judge, Registrar, or Commissioner of the Native Land Court, or a Postmaster, and the witness so attesting the signature shall certify in writing on the instrument that the grantor had a knowledge of the English language sufficient to enable him to understand, and that he did understand, the effect of the instrument. Every such certificate shall be conclusive proof that the grantor had such a knowledge of the English language as is required by this subsection.
(3)
If the grantor has not a knowledge of the English language sufficient to enable him to understand the effect of the instrument if read or explained to him in that language, his signature thereto shall be attested by a solicitor of the Supreme Court, a Justice of the Peace, a Stipendiary Magistrate, a Judge, Registrar, or Commissioner of the Native Land Court, or a Postmaster, and in each case also by a licensed Interpreter of the first grade; and the Interpreter shall certify in writing on the instrument that the effect of the instrument was explained by him to the grantor, and that the grantor understood the effect thereof.
(4)
The execution of an instrument in manner provided by the last preceding subsection shall be a sufficient compliance with the requirements of this section, even though the instrument might lawfully have been executed in accordance with subsection two hereof.
548 Orders in Council and Proclamations affecting title to be registered.
1909, No. 15, s. 422 1930, No. 29, s. 3
Every Order in Council or Proclamation made under the authority of this Act and affecting the title to land which is subject to the Land Transfer Act, 1915, shall, on the receipt of a copy of the Order or Proclamation certified under the hand of the Under Secretary of the Native Department, be registered by the District Land Registrar, without fee, against the title to that land.
549 Interests of Natives in Native land protected against bankruptcy and execution.
1909, No. 15, s. 423
(1)
No interest of any person in customary land, and no beneficial freehold interest of a Native in Native land, shall be capable of being taken in execution or otherwise rendered available by any form of judicial process for the payment of his debts or liabilities, whether in favour of His Majesty the King or in favour of any other person, or shall be assets in his bankruptcy, or pass to the assignee or trustee in that bankruptcy.
(2)
Nothing in this section shall be so construed as to affect the operation of any mortgage or charge to which Native land is subject, or shall apply to the recovery of rates or taxes payable in respect of Native land.
(3)
For the purposes of this section the interest of any person in Native land shall be deemed to include his interest in all timber, flax, and other things (other than industrial crops) so attached to the land as to form part thereof as between the heir and the executor of a deceased freeholder at common law; and shall also be deemed to include, while the land remains Native land, his interest in all money being the proceeds of any alienation of that land, except such money as has been actually received by him or by any trustee for him.
(4)
This section shall extend and apply to land vested in a body corporate of Native owners under Part XVII of this Act, and to the debts and liabilities of that body corporate, in the same manner as if those debts and liabilities had been incurred by the Native owners of that land.
550 Trust funds, being the proceeds af Native land, to be deemed Native land for certain purposes.
Ibid., s. 424 1920, No. 63, s. 9 1921, No. 62, s. 8 1923, No. 32, s. 5 1925, No. 40, s. 6
(1)
When any moneys or investments, being the proceeds of the sale or other alienation of Native land, or of compensation-money, are in the possession of the Public Trustee, the Native Trustee, or of a Maori Land Board, or of the Native Land Court, and are held on trust for a Native, the following provisions shall apply to those moneys and any income arising therefrom (which are hereinafter referred to as the trust fund): —
(a)
The Native beneficiary shall not be capable of making, except by will, any assignment, charge, or other disposition of the trust fund, whether by way of anticipation or otherwise.
(b)
The trust fund shall not be capable of being taken in execution or otherwise rendered available by any form of judicial process for the payment of the debts or liabilities of the beneficiary, whether in favour of His Majesty the King or in favour of any other person.
(c)
The trust fund shall not be assets in the bankruptcy of the beneficiary, or pass to the assignee or trustee in that bankruptcy.
(d)
The trust fund shall not be assets available for the payment of the debts or liabilities of the beneficiary on his death, whether in favour of His Majesty the King or in favour of any other person, unless otherwise directed by the will of the beneficiary.
(e)
The interest of the beneficiary in the trust fund shall not pass to the administrator of the beneficiary on his decease intestate, but shall vest in the successor of the deceased as determined by Native custom in accordance with this Act, in the same manner as the Native freehold land from which the trust fund has been derived so vests, or would have so vested if it had been Native freehold land at the death of the beneficiary.
(f)
The Native Land Court shall have the same power of making succession orders in respect of the trust fund, and of appointing interests therein to the widow, children, or grandchildren of the beneficiary, as if the trust fund had been Native freehold land at the death of the beneficiary, and all the provisions of this Act as to such succession orders and appointments shall, so far as applicable, and with all necessary modifications, apply accordingly.
(g)
The trust fund shall not be computed as part of the dutiable estate of the beneficiary under the Death Duties Act, 1921, or be subject to estate or succession duty under that Act, but shall be subject to Native succession duty under that Act in the same manner as if it was Native freehold land.
(2)
This section shall extend and apply to trust funds in existence at the commencement of this Act.
(3)
This section shall apply whether the Native land from which the trust fund has been derived continues to be Native land or has ceased to be Native land, whether before or after the commencement of this Act.
(4)
Notwithstanding the provisions of this section, a beneficiary may assign, charge, or dispose of his interest in a trust fund as security for advances made by a State Loan Department, and the trust fund shall remain charged with the payment of any liability as aforesaid notwithstanding the death of the beneficiary to whom such advances were made or of any successor in title to such beneficiary.
551 Proceeds from alienation of Native freehold land deemed to be Trust fund.
1920, No. 63, s. 9 1921, No. 62, s. 8
(1)
Where any money, the proceeds of the alienation of Native freehold land, has been paid to and is held by the Public Trustee, or Native Trustee, or a Maori Land Board on behalf of a Native, the moneys so held shall, so long as they remain in the hands of the Public Trustee, or Native Trustee, or a Maori Land Board as aforesaid, be deemed to be moneys held on trust for a Native within the meaning of the last preceding section.
(2)
The provision of this section shall continue to apply notwithstanding that any person being a Native becomes absolutely entitled to receive such moneys, or that any Native beneficiary thereof has ceased to be a person under disability.
552 Board may retain compensation-moneys.
1922, No. 48, s. 20
(1)
Where compensation-money for Native land taken under the Public Works Act, 1928, is paid to any Maori Land Board on behalf of the beneficiary and the Board is of opinion that the money or any part thereof should not be immediately paid to the beneficiary entitled, the Board may retain the whole or such part of the money, as it thinks fit, in its possession as a trust fund under section five hundred and fifty of this Act.
(2)
Such trust fund or any part thereof may be paid to the Native or as he directs at the discretion of the Board.
(3)
The Court shall have power to make orders for payment out of such trust fund in accordance with section forty of this Act.
553 Provision of water and drainage for Natives.
(1)
The Court may by order authorize any persons or corporate body to act within any district defined by that or any subsequent order as trustees or trustee (hereinafter referred to as the said trustees) for the purpose of establishing, carrying out, and administering any scheme of works having for its object the supply of water or drainage for Natives, and thereupon the said trustees shall have the control and management of any such scheme and may carry out the same, and for that purpose may enter upon any land owned by or leased to Natives for the purpose of laying pipes, digging drains or executing any other work in connection therewith.
(2)
The Court may from time to time for any reason which it thinks sufficient remove all or any of the said trustees and appoint other persons to act as trustees in their stead, and the persons so appointed shall have the same powers as if appointed by the original order.
(3)
The Court may by order make by-laws for regulating—
(a)
The proceedings of the said trustees;
(b)
The conditions of the use or supply of any service;
(c)
The charges (if any) that may be imposed by the said trustees;
(d)
The prevention of damage to, or interference with, any works undertaken by the said trustees or the contamination of any water-supply; and
(e)
Generally for the more effectually carrying out the objects of this section, —
and such by-laws may prescribe a fine or penalty not exceeding five pounds for the breach of any such by-laws.
554 Preventing co-owners of Native land from taking advantage of Statute of Limitations.
1925, No. 40, s. 12
Notwithstanding any statutory provision to the contrary, the Statute of Limitations shall not run or be deemed to have run against a co-owner of Native land who neglects or has at any time neglected to exercise his right of entering upon and using the common property while it remains in the occupation of another co-owner or some one claiming through or under him.
555 Governor-General may exempt any Native from the provisions of this Act with respect to landless Natives.
1909, No. 15, s. 425
(1)
The Governor-General may by Order in Council in any case in which he thinks it expedient so to do, consent to the confirmation of any alienation, or to the confirmation of any resolution of assembled owners, or to any purchase by the Native Land Purchase Board, or to any exchange of Native land, notwithstanding the fact that any Native may thereby become landless within the meaning of this Act; and thereupon the said confirmation, purchase, or exchange may take place and shall have effect in the same manner as if that Native retained Native freehold land sufficient for his adequate maintenance.
(2)
No such consent shall be given except on the recommendation of the Board of the district in which the land is situated.
(3)
No such consent shall be given unless the Governor-General is satisfied that the said Native is able to maintain himself by his own means or labour, and that the transaction consented to is not contrary to the public interest.
556 Statutory declarations on behalf of bodies corporate.
Ibid., s. 426
A director, attorney, or officer of an incorporated company or other body corporate may make on its behalf any statutory declaration required or authorized by this Act or by any regulations thereunder.
557 Statutory declarations exempt from stamp duty.
1909, No. 15, s. 427
All statutory declarations required or authorized by this Act shall be exempt from stamp duty.
558 Repeals.
Ibid., s. 431.
The Acts referred to in the Schedule hereto are hereby repealed to the extent indicated in that Schedule, and in any case in which the extent of repeal is not specified the whole Act is hereby repealed.
559 Saving of effect of Land Titles Protection Act, 1908.
Ibid., s. 432
No order of the Native Land Court, Crown grant, or other instrument of title which at the commencement of the Native Land Act, 1909, was within the protection of the Land Titles Protection Act, 1908, shall, on any grounds whatever, be called in question in any Court or in any proceedings, except as in this Act provided.
560 Pending proceedings may be continued.
Ibid., s. 433
All proceedings pending in the Court or the Appellate Court, or before the Chief Judge, or before a Board, at the commencement of this Act under any enactment hereby repealed may be continued and completed under the corresponding provisions (if any) of this Act, and if and so far as there are no such corresponding provisions, or if that Court or Board, or the Chief Judge, as the case may be, thinks fit, any such proceedings may be continued and completed in the same manner as if this Act had not been passed.
561 Subsisting acts of authority to take effect under this Act.
Ibid., s. 434
All Orders in Council, regulations, records, instruments, appointments, warrants, judgments, orders, and generally all acts of authority which originated under any of the enactments repealed by this Act, and are subsisting or in force at the commencement of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.
562 Former instruments may be registered.
Ibid., s. 435
All instruments executed under any Act hereby repealed and entitled to registration under the Land Transfer Act, 1915, at the commencement of this Act may be registered in the same manner as if this Act had not been passed.
563 Saving of powers of Governor-General under former Acts.
Ibid., s. 436.
When the Governor-General is authorized under any Act hereby repealed to make a grant or issue his Warrant for the issue of a certificate of title in favour of any person, he may act in pursuance of that authority in the same manner as if this Act had not been passed.
564 Validation Court proceedings may be continued.
Ibid., s. 437
(1)
All proceedings pending in the Validation Court at the commencement of this Act may be continued and completed in the Native Land Court.
(2)
All orders and acts of the Native Land Court made or done in the exercise of the powers and jurisdiction conferred by this section shall have the same force and operation as if they had been made or done by the Validation Court or a Judge thereof in the exercise of the powers and jurisdiction conferred by the Native Land (Validation of Titles) Act, 1893.
(3)
The practice and procedure of the Native Land Court in the exercise of the jurisdiction conferred upon it by this section shall be the same as in the exercise of the ordinary jurisdiction of the Court.
(4)
An appeal to the Appellate Court shall lie from any order of the Native Land Court under this section, but no appeal from any such order shall lie to the Court of Appeal.
565 Limited application of certain Parts of this Act.
1909, No. 15, s. 438
Nothing in Part XIV, Part XV, Part XVI, Part XVII, or Part XVIII of this Act shall apply to—
(a)
Any Native reserve; or
(b)
Any land which is subject to the East Coast Native Trust Lands Act, 1902.
566 Certain unrepealed enactments not to be affected.
Ibid., s. 439
(1)
Nothing in this Act shall in any manner affect the provisions of any of the following enactments, or of any amendments thereof: —
(a)
The Native Reserves Act, 1882:
(b)
The Westland and Nelson Native Reserves Act, 1887:
(c)
The West Coast Settlement Reserves Act, 1892:
(d)
The Mangatu No. 1 Empowering Act, 1893:
(e)
The Kapiti Island Public Reserve Act, 1897:
(f)
The East Coast Native Trust Lands Act, 1902:
(g)
The Mining Act, 1926:
(h)
The Noxious Weeds Act, 1928.
(2)
This Act, in its application to any land which is subject to any of those enactments, shall be read subject to the provisions of that enactment.
567 This Act not to affect the Declaratory Judgments Act, 1908.
Ibid., s. 440
Nothing in this Act shall be so construed as to take away or affect any jurisdiction conferred upon the Supreme Court or the Court of Appeal by the Declaratory Judgments Act, 1908.
568 Existing trusts of Native land not to be affected.
Ibid., s. 441
Except so far as otherwise expressly provided by this Act, nothing in this Act shall affect the powers, rights, or duties of trustees of Native land under any trust existing at the commencement of this Act, whether created by Act, Crown grant, or other instrument of title, or in any other manner; and those powers, rights, and duties shall continue to exist and to be exercised and performed in the same manner as if this Act had not been passed.
Schedule Enactments repealed
1895, No. 54.—The Native Land Claims Adjustment Act, 1895.
1901, No. 65.—The Native Land Claims Adjustment and Laws Amendment Act, 1901.
1904, No. 49.—The Maori Land Claims Adjustment and Laws Amendment Act, 1904.
1906, No. 51.—The Maori Land Claims Adjustment and Laws Amendment Act, 1906: Except section 22.
1907, No. 76.—The Maori Land Claims Adjustment and Laws Amendment Act, 1907: Except sections 1, 10, 11, and 47.
1908, No. 253.—The Maori Land Laws Amendment Act, 1908: Except sections 1, 18, 34, and 37.
1909, No. 15.—The Native Land Act, 1909.
1910, No. 82.—The Native Land Claims Adjustment Act, 1910: Except sections 1, 3, and 4.
1911, No. 35.—The Native Land Claims Adjustment Act, 1911: Except sections 1, 9, 10, 11, and 14.
1912, No. 34.—The Native Land Amendment Act, 1912.
1913, No. 58.—The Native Land Amendment Act, 1913: Except section 1 and section 97 (as amended by section 20 of the Native Land Amendment and Native Land Claims Adjustment Act, 1927).
1913, No. 71.—The Native Land Claims Adjustment Act, 1913: Except sections 1, 17, and 18.
1914, No. 63.—The Native Land Amendment Act, 1914.
1914, No. 64.—The Native Land Claims Adjustment Act, 1914: Except sections 1 and 5.
1915, No. 63.—The Native Land Amendment and Native Land Claims Adjustment Act, 1915: Except sections 1, 9, and 19.
1916, No. 12.—The Native Land Amendment and Native Land Claims Adjustment Act, 1916: Except sections 1 and 5.
1917, No. 25.—The Native Land Amendment and Native Land Claims Adjustment Act, 1917: Except sections 1, 7, 9, 19, and 24.
1917, No. 26.—The Reserves and other Lands Disposal and Public Bodies Empowering Act, 1917: Section 109.
1918, No. 13.—The Native Land Amendment and Native Land Claims Adjustment Act, 1918: Except sections 1 and 6.
1919, No. 43.—The Native Land Amendment and Native Land Claims Adjustment Act, 1919: Except sections 1, 6, 8, 32, and 33.
1919, No. 54.—The Reserves and other Lands Disposal and Public Bodies Empowering Act, 1919: Sections 90 and 91.
1920, No. 63.—The Native Land Amendment and Native Land Claims Adjustment Act, 1920: Except sections 1, 8, and 29.
1920, No. 75.—The Reserves and other Lands Disposal and Public Bodies Empowering Act, 1920: Sections 26, 80, and 81.
1921–22, No. 59.—The Reserves and other Lands Disposal and Public Bodies Empowering Act, 1921–22: Sections 40, 82, and 83.
1921–22, No. 62.—The Native Land Amendment and Native Land Claims Adjustment Act, 1921–22: Except sections 1, 11, 15, 19, 20, 21, 28, and 31.
1922, No. 48.—The Native Land Amendment and Native Land Claims Adjustment Act, 1922: Except sections 1, 15, 27, 31, 32, and 43, and Second Schedule.
1923, No. 32.—The Native Land Amendment and Native Land Claims Adjustment Act, 1923: Except sections 1, 2, 9 to 14, 16 to 18, and 28.
1924, No. 45.—The Native Land Amendment and Native Land Claims Adjustment Act, 1924: Except sections 1, 2, 15, 16, 18 to 21, 30, 32, 36, and 40, and First Schedule.
1925, No. 40.—The Native Land Amendment and Native Land Claims Adjustment Act, 1925: Except sections 1, 2, 14, 17, 18, 25, 27, and 30.
1926, No. 64.—The Native Land Amendment and Native Land Claims Adjustment Act, 1926: Except sections 1, 14 to 16, 20, 23, 24, 31, 33, and 34, and Second Schedule.
1927, No. 67.—The Native Land Amendment and Native Land Claims Adjustment Act, 1927: Except sections 1, 2. 33, 35, 37, 39, 41, 45, 49, 50, 51, and 58, and Second and Third Schedules.
1928, No. 49.—The Native Land Amendment and Native Land Claims Adjustment Act, 1928: Except sections 1, 2, 20 to 23, 26, 27, 29 to 32, 35, 37 to 42, and 47.
1929, No. 19.—The Native Land Amendment and Native Land Claims Adjustment Act, 1929: Except sections 1, 2, 29 to 31, 33, 34, 36, 39 to 41, 45, 50, 52, 53, 55, 58, 61 to 63, and Schedule.
1930, No. 29.—The Native Land Amendment and Native Land Claims Adjustment Act, 1930: Except sections 1, 2, 16, 18, 19, 24 to 34, and Schedule.