This Act is a consolidation of the enactments mentioned in the Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

(a.)

All districts, offices, appointments, regulations, rules, Proclamations, Orders in Council, orders, leases, agreements, instruments, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation 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.

(b.)

All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.

2 Districts may be proclaimed.

1881, No. 20, sec. 2

The Governor may issue Proclamations from time to time defining districts to be subject to this Act, being localities in which there are considerable numbers of the ngawha, waiariki, or hot or mineral springs, lakes, rivers, or waters, and from time to time may vary the boundaries or abolish any of such districts.

3 No land may be acquired in district except under this Act.

1881, No 20, sec. 3

After the publication in the Gazette of any Proclamation defining a district as aforesaid, this Act shall be in force therein, and it shall not be lawful for any person other than His Majesty to acquire any estate or interest in Native land therein, except by virtue of or through the means prescribed or permitted by this Act.

4 Other Acts superseded in districts.

Ibid, sec. 4

Any such Proclamation shall supersede the operation within the district of any statute at variance with this Act or with any regulations made thereunder.

5 Governor may provide for settlement of districts.

Ibid, sec. 5

As soon as may be after the issue of any Proclamation under this Act, and after the land has passed through the Native Land Court, the Governor may make arrangements with the Native proprietors for rendering available the territory of the district for settlement by Europeans, and he may from time to time exercise any of the powers following within the district:—

(a.)

Treat and agree for the gratuitous cession, or for the purchase, or for the lease of any land which he deems necessary for the purposes of this Act, and enter into any contract which he thinks fit:

(b.)

Act as agent for the Native proprietors in dealing with intending lessees:

(c.)

Treat and agree with the Native proprietors for the use and enjoyment by the public of all mineral or other springs, lakes, rivers, and waters:

(d.)

Lay out and survey towns, suburban allotments, and farms:

(e.)

Make, stop up, divert, widen, or alter any bridges, ways, or watercourses:

(f.)

Exercise powers of compulsorily taking land under “The Public Works Act, 1908,” for the purposes of water-supply, or for providing outlet for sewage:

(g.)

Exchange any reserve or public land for other land to be dedicated to the same or different public objects:

(h.)

Execute all deeds and assurances that may be necessary for effectually executing the powers by this Act conferred on him, and such deeds and assurances shall be valid and effectual against His Majesty and all persons whomsoever.

6 Railway to Rotorua.

1883, No. 21, sec. 6

Paragraph (a) of the last preceding section shall be deemed and construed to extend to the cession by the Native proprietors of any land to provide for or promote the construction or extension of a railway from a junction with the Waikato-Thames Railway to Rotorua, and the land so ceded may be held, dealt with, or disposed of in such manner and on such terms and conditions as the Governor thinks fit or prescribes; provided that the consent of the Native proprietors or the Ngatiwhakaua Tribe, ascertained in such manner as the Governor directs, is first obtained.

7 Governor may set apart reserves therein for public uses;

1881, No. 20, sec. 6

The Governor also may, with the consent of the Native proprietors, to be ascertained in such manner as he thinks fit, do any of the following things:—

(a.)

From time to time set apart and dedicate any of the land within a district for a park or a domain, or for any specific purpose of public amusement or recreation, and annul any such setting apart and dedication:

(b.)

Set apart land as sites for schools and places of worship:

(c.)

Set apart cemeteries, and close burying-places already existing

(d.)

Build any lodge, museum, or other ornamental building:

(e.)

Appropriate any of the land for squares, gardens, or open places, and leave any part thereof for yards or courts to be attached to any houses agreed to be leased:

(f.)

Enclose and plant any of the aforesaid places:

(g.)

Manage and control the use of all mineral springs, hot springs, ngawha, waiariki, lakes, rivers, and waters, and fix and authorise the collection of fees for the use thereof:

(h.)

Erect pump-rooms, baths, bath-rooms, and other buildings for the convenient use of the baths, springs, and lakes.

8 And regulate the management of such reserves.

1881, No. 20, sec. 7

By Order in Council the Governor may from time to time make and enforce orders and regulations for the management, preservation, disposition, and care of land so set apart as aforesaid, and the government of all persons using or frequenting the same, and impose a fine not exceeding five pounds for a breach of any such order or regulation.

9 Payment of fees and appropriation thereof.

Ibid, sec. 8

A person authorised by the Governor shall receive the license fees, fees for springs or baths, and all other revenue, and shall expend the same in the improvement and maintenance of the town or district whence the fees and revenue arise.

10 Municipal police law.

Ibid, sec. 10

(1.)

Until any town established under this Act comes under the operation of the ordinary municipal law, the Governor may appoint a Board, not exceeding five in number, to administer its affairs, and may delegate to it all the powers and authorities vested in him by this Act (except the power of appointing an agent or attorney for the execution of deeds).

(2.)

The accounts of the aforesaid Board shall be forwarded every half-year to the Native Minister, and shall be audited by the Controller and Auditor-General.

11 Governor may make acquisition to bo subject to conditions.

Ibid, sec. 12

If the terms of any arrangement with the Native proprietors are such that the land for the use of settlers is to be disposed of by lease, the Governor may, with the consent of the Native proprietors, to be ascertained as he thinks fit, do the following things:—

(a.)

Manage and administer such letting or disposal, but always by public auction or tender:

(b.)

By writing under his hand authorise any person to sign deeds on behalf of Native proprietors, or a Native tribe, found by the Native Land Court to be owners of the land dealt with; and his execution of any deed on behalf of such proprietors or tribe shall vest in the lessee the estate described in his deed:

Deeds shall be translated into Maori before execution, and a copy given to the Native proprietors or one of them:

(c.)

For the convenience of lessees, appoint one or more Receivers of rents, whose receipts shall be effective discharges:

(d.)

Make regulations for the payment of the expenses of the management of the property and the collection of the rents, and for the payment or division of such rents, and for the places, times, and manner of payment to the Native proprietors:

(e.)

Do any other thing necessary for conferring a valid and peaceful title upon a lessee in conformity with the terms of his lease.

12 Saving of Native Land Court jurisdiction, &c.

1881, No. 20, sec. 13

Nothing in this Act shall abridge or affect the duties, powers, or jurisdiction of the Native Land Court, or the liabilities of lessees of land, within a district constituted under this Act, to the payment of stamp or other duties payable in respect of land whereof the title is derived through the Native Land Court.

13 Operation of Act.

Ibid, sec. 14

(1.)

Except as provided by section six hereof, and except also as is otherwise ordered by the General Assembly, this Act shall be in force within the Counties of Tauranga, Rotorua, and East Taupo only.

(2.)

For the purposes of this section every order heretofore made by the General Assembly under section fourteen of “The Thermal Springs Districts Act, 1881,” shall have effect as if made with respect to this Act.

14 Rotorua Town Act saved.

Nothing herein shall affect the provisions of “The Rotorua Town Act, 1907.”

Schedule Enactments consolidated

1881, No. 20.—“The Thermal-Springs Districts Act, 1881.”

1883, No. 21.—“The Thermal Springs District Act 1881 Amendment Act, 1883.”

Thermal Springs Districts Act 1908