THE NATIVE LAND SALES AND LEASES ACT, 1876.

Bay of Plenty Times, Volume IV, Issue 414, 30 August 1876, Page 3

THE NATIVE LAND SALES AND LEASES ACT, 1876.

The Native Land Sales Bill lias been distributed among members ; it is generally condemned, and will probably invite acrimonious debate. The following is a summary : — The Act is to come into operation during the pcesenb year, at a date to be fixed by Parliament, and under the interpretation clause the meaning of the term " native land " is declared not to include lands which, at the coming into operation of the Act, have passed the Native Lands Court, or for which persons then have or are entitled to have Crown grants issued. The operation of the Aot is limited to native lands in the North Island, and aH transactions lona fide completed before it comes into operation, and also all transactions ffith regard to lands to be specified in the schedule are exempted from its provisions. If it shall appear to the Governor that any disposition of land was not co oom' pleted, as to come within the last exemption, the matter is to bo referred to the Native Land Court, and the Court may order the completion of the transaction, or a refund of the purchase money or consideration, with or without interest, within a period nnt exceeding three years, and, in the meantime, J that the same be made a lien on the land. Moneys advanced by the Crown in respeot of native lands affected by the Act, are also to be a lien thereon. The amount of these liens, with interest at 5 per cent, per annum, are declared to be a first charge on the land when sold, and in the case of leases are to be charged on the rents, or such parts thereof, as the Courts may order. Atfer the com r moncemenh of the Act the purohaßee or acquirement of Native Lands, or any interest therein, is prohibited (except as thorobv provided), and a penalty, not exceeding £200, is attached to a- breach of the provisions. Natives are incapacitated from dealing with native lands, not Crown granted, or for which Crown grants have not been directed to be issued, or are not in course of preparation before the commencement of the Act, All contracts in contravention of the Act were all declared to be void, nnd all moneys pnid or payable thereunder declared forfeited and not recoverable. Part 2 : Surveys, sales, and leases. After the commencement of the Act,,

'natives desirous of selling land, and showing title, may obtain an order of survey from t lie Nutive Land Court. Provision shall be uuido in suoh surveys for laying off road lines, and, with the maps thereof, shall be deemed a survey and map in accordance with the Native Lund Act, 1873. The Act is not to be deemed as compelling the natives to dis. pose of their land. On application to the Court, enquiry shall be made into the title, and, if the natives desire to sell, (hey shall Btote the lowest price that they are -willing to accept, the area they desire to eej], and the reservations to be made. In the case of leases, the amount of rent to be reserved, and the covenants and restrictions to be inserted in the. lease are to be stated to the Court. Where only a portion of the natives interested desire to sell or lease, the Court may order a partition without the assent of the natives who are unwilling to sell or lease. The order of partition may be part of the order of sale or lease. In cases of infancy or disability, a trustee to protect the interests of such persons is to be appointed under the Maori Real Estate Management Act, 1867, and ehal] have full power to do all acts to effectuate the proposed sale or lease. The Courts on being satisfied with the enquiry made, may order the land mentioned in the application, or so much thereof as the natives interested may require, to be sold, leased, or disposed of under the Act, at a price not to re. turn less than the natives require in the case of a sale, and in the case of a lease at the rent required by the natives to be re< served, and such order to be final and conclusive on all parties. Where lands have been surveyed or titles investigated prior to the coming into operation, the Court may inquire as to the costs incurred. No order is to be made by thej,Courfc until the title of the native owners has been ascertained. Orders are to be transmitted by the Court to the Waste Lands Board of the district, and the lands shall be sold, leased, or disposed o{, in accordance with the Waste Lands Act in force in the district. Notice of any sale, lease, or disposition is to be given by the Waste Lands Board to the Court-, and the Court shall caase the fact to be recorded. The native owners are to have the use and occupation of land unsold or leased. The. Waste Lands Board may apply to the Court for instructions, and, with consent of native owners, the Court may vary order. The provisions of the Native Land Act, 1873, are to apply mutatis mutandis to investigations, orders, and other matters under this Act. In the case of Bales one half gross proceeds, and in the case of leases onehalf of the rents received shall be paid to the Court for the natives. The remaining half of the proceeds of sales of rents Bhall be paid into the public account, and shall be in consideration for payment, by the Governor, of the expense of all surveys in connection with the said lands, acting as agent for the natives in such sale or letting ; in auch sale or letting the land sold or let with a title from the Crown, in eatisfaction of any duty payable under the Native Duties Act, 1873 ; and in carrying out the order of the Court according to the wishes of the natives, the Governor shall in no case receive more than £1 per acre under the last provision, and tho natives shall be entitled to a full half share notwithstanding it be in excess of the prices prescribed by them. The proceeds of sale and rents are to be paid by the Court to the persons entitled, and no land to be sold or leased at a price or rent lees than double that named by the natives, or at a less price than similar lands in the waste lands district, and no lands shall be leased for less than 2d per acre per annum. Before a sale being effected, a Crown grant shall issue in the ordinary manner, and leases shall be prepared by the Waste Lands Board, and executed by the Commissioner of Crown Lands for the district. At the expiration, or sooner determination of a lease, lands may be sold or leased under this Aob. If the native owners desire to establish a town, the site is to be approved by the Governor, but before approval, he and the natives Bhall agree upon the necessary reserves for public and other purposes, and the land shall be sold and disposed of by the Waste Lands Board as the "town lands" within their jurisdiction. If native iands shall be occupied for gold mining purposes under an agreement in that behalf, half of the revenue arising from the issue of native rights and business licences shall be paid to the native owners, and the balance shall form part of the goldflelda revenue of the district-. Tho Act is not to be deemed as compelling natives to sell land for gold mining purposes, and is not to apply to or affect confiscated or ceded land. Existing leases in favour of the Queen ate not to be prejudiced, and where such leases contain a pre-emptive right of purchase, the Court shall have no jurisdiction to entertain an application from the native owners for a sale or lease of the lands therein comprised. The revenue to be received under the Act is to be deemed "land revenue," and the Governor may make regulations for carrying its provisions into effect, to be published in the New Zealand Gazette.