NEW ZEALAND NATIVE RESERVE ACT, 1856.

Maori Messenger : Te Karere Maori, Volume II, Issue 10, 31 October 1856, Page 4

NEW ZEALAND NATIVE RESERVE ACT, 1856.

Session 4, No. 10. Whereas in various parts of New Zealand lands have been and may hereafter be reserved and set apart for the benefit of the aboriginal inhabitants thereof, and it is expedient that the same should be placed under an effective system of management; And whereas, the title of thesaid aboriginal inhabitants has been extinguished over some portions of such lands, and over other portions thereof such title has not been extinguished. Be it enacted by the General Assembly of New Zealand as follows; 4. It shall be lawful for the Governor of the said Colony at any lime and from time to lime by letters patent under the public seal of the Colony, to appoint persons to be Commissioners for carrying this Act into effect, who shall be styled "Commissioners of Native Reserves,"and such Commissioners from time to time to remove. 2. Several and distinct Commissions may be issued to several and distinct sets of Commissioners with several and distinct limits of jurisdictions. 3. In every Commission there shall not be less than three Commissioners. 4. The Governor may from time to time frame and establish rules for the conduct of business under such Commissions and may from time to time alter the same, which rule and. all alterations thereof shall be published in the Government Gazette of the said Colony and when published shall have the force of law. 5. The Commissioners may appoint clerks and other officers for the necessary conduct of business under such Commissions. * 6. When any lands within the jurisdiction of any Commissioners shall have been or shall be reserved or set apart for the benefit of the said aboriginal inhabitants over which lands the native title shall have been extinguished, such Commissionfrs shall have and exercise oyer such lands full power of management and disposition subject to the pro-

visions of this Act; and subject to such provisions, may. exchange absolutely sell, lease, or 01 her wise dispose of such lauds in such manner as they m their discretion shall think fit, with a view to the benefit or the aboriginal inhabitants for whom the same may have been set apart. And no purchaser, lessee, or other person paying money to such Commissioners shaJl be afterwards answerable for such money ta be bound to see to the application thereof. & 7. No sale, exchange, lease, or oihpr disposition of such lands except a lease not exceeding twenty-one years in possession shall be valid, without the assent in writing of the Governor first obtained for every such purpose, and every conveyance, lease, and other disposition made by the said Commissioners under the authority of this Act shall be valid in law provided that there shall be thereon endorsed, except on any lease not exceeding twenty-one years asaforesaid.a memorandum to be signed by the Governor declaring his assent thereto. 8. The Commissioners with such assent as aforesaid may set apart any such lands as sites for Churches,Chapels,or Burial Grounds, and also by way of special endowment for Schools, Hospitals, or other Elecmosynarv Institutions for the benefit of the said aboriginal inhabitants, and may either manage such lands for the benefit of such special endowments and may exercise in relation thereto the same powers as are hereby vested in them, or may with such assent as aforesaid transfer such lands to any person or pnrsons. Body Corporate, or Bodies Corporate as Trustees of such Endowments, subject to such provisions for eusnring the proper application thereof as may be thought fit. # 9. All monies which shall come to the hnjyJs of the^Commissioners unier the provisions of this Act except iu respect of special endowments, shall be applied by such (loinpiissioners for the benefit of the aboriginal inhabitants for whqse benefit such lands may have been set apart in such mariner as the Governor of (He said Colony may from time to time direct. 10. All monies which shall come to the hands of the said Commissioners in respect of special endowments shall be applied to the proper objects of such endowments. 11. The Commissioners shall publish yearly in the Government Gazette of the Province wherein such lauds shall be situate p statement of all dealings and transactions whatever, respecting such lands, together with a general report of their proceedings

and of the state of the property under their charge, and :in account ofall monies received and expendpd by them nn»ler tills Act. 12. The Governor F*i his discretion shall from time to time regulate the- expenses of management and make provision l for auditing the accounts. 13. Such expenses of management shall be defrayed by eavh set of Commissione"? ; or by any trustees reaper lively, out of any money which shall corne irno their bandsttnder the provisions of this Art. # 14. Where :iiiv lair is shall harve been set apart or resprvpd for Hie special benefit of the said Aboriginal inhabitants or any of tfaem, oi where uprn any sale of lands, by natives, a certain portion of the district solcf shall bav« been or shall be specially pxcepied out of such sale, but over which lands so reserved, set apart, or cxeepted, tbe Native title sball not have been extinguished, it shall be Urvful for the Governor, with the assent of suck Aboriginal inhabitants to be- ascertained in manner provided by this Act, to declare such lands to be subject to the provisions of this Act. and to appoint Couimis ioners for the management thereof in likp manner as if such Native title had been extinguished. 10. Any spfe of Commissioners appointed under this Art with tbp assent of the Gover-] nor may make a convpyance of lease in severally of any lands within the limits of their jurisdiction to any of the Aboriginal inhabitants for benefit the same may have been reserved or excepted either for or without valuable consideration, and either absolutely or subject to such conditions as tbesaid Commissioners may think fitr 16. Where any lands shall have been at any time beretofoie or shall hereafter : e set apart or appropriated by any Aboriginal inhabitants entitled thereto, for the sites of Churrhes hapels or Burial Grounds and for the endowment of Schools, Hospitals, or other eleemosynary institutions for t he benefit of sucli aboriginal inhabitants, it shall be lawful for the fiovernor with the assent of the said aboriginal inhabitants to be ascertained in manner herein provided to grant such lands to any person or persons, whether of the Native or European race or any Body Corporate or Bodies Corporate nominated by or on iielmli' of such aboriginal inhabitants and such lands shali .be held for the purpose ol such special endowments with such powers as are hereby vested in Commissioners under this Act and subject to the provisions ther of. Provided always that nothing in this Act contained shall have the eSTec'. >f removing

Tiny invalidity or curing any defect in any or other conveyance made or issued before the passing or this Act under which any lands may have been granted or assured *o any person or persons for Religious, Charitable, or Educational purposes for the benefit of the aboriginal inhabitants. Provi led also tburt nothing in this Act contained shallextend or be implied to extend to give validity to any appropriation or setting apart of any lands for such purposes as aforesaid "which have been heietofore so appropriated or set apart in contravention of any terms of purchase or contracts affecting such land. i 7* 'I he Governor shall appoint some "Competent person to ascertain the assent of the said Aboriginal inhabitants and such person shall proceed according to such Rules •as shall be prescribed in that behalf by the •said Governor. And the report of such person, if adopted by the Goveruor, shall 4)e final and conclusive as to such assent, and 4he publication of such Report and the adoption thereof in the "Government Gazette" of the said Colony shall be in evidence of such assent. Provided always that whenever -such assent shall have been ascertained as -aforesaid the land to which the s;ime shall relate shall be conveyed to her Migesty her beirs and successors and shall then become subject lo the provisions of this Act. 1&. Every Act which is authorised or required to be done by the Governor under this Act shall be done only wiih the advice and consent of the Executive Council of the Colony. 19. The term "Governor" shall mean the person for the lime being administering the Government of New Zealand and the term "Aboriginal Inhabitant" shall include half--castes. 20. This Act may be cited forall purposes as 44 The New Zealand Native Reserves Act, 4856."