THE NATIVE CONTRACTS.

New Zealand Times, Volume XXXI, Issue 4812, 24 August 1876, Page 5

THE NATIVE CONTRACTS.

The following is a summary of the Native Lands Sales and Leases Act, 1876. The Act is to come into operation during the present 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 Land Court, or for which persons then have or are entitled to have Crown grants issued. The operation of the Act is limited to native lands in the North Island, and all transactions bona fide completed before it comes into operation, and also all transactions with 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 so completed as to come within tho last exemption, the matter, is to be referred to the Native Land Court, aud 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 not exceeding three years; and in the meantime that the same be made a lien on the land. Moneys advanced by the Crown in respect 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 Court may order.

After the commencement of the Act the purchase or acquirement of native lands or any interest therein is prohibited (except as thereby provided) and a penalty not exceeding £2OO 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 are declared to be void, and all moneys paid or payable thereunder declared forfeited and not recoverable. After the commencement of the Act natives desirous of selling land and showing prima facie title may obtain order of survey from the Native Land Court.

Provisions shall be made in such surveys for laying off road lines, and with tho maps thereof shall be deemed a survey and map in accordance with the Native Land Act, 1873. The Act is not to be deemed'as compelling the natives to dispose of their land. On application to the Court enquiry shall be made into tho title, and if the natives desire to sell they shall state the lowest price they are willing to accept, the area they desire to sell, 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 tho 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 tho Maori Real Estate Management Act, 1867, and shall have full power to do all acts to effectuate the proposed sale or lease. The Court on being satisfied with the inquiry 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 ef, under the Act, at a price not to return 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 reserved, and such order shall 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 the Court 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 tho lands shall be sold, leased, or disposed of in accordance with tho 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 cause the fact to be recorded. The native owners are to have the use and occupation of lands until sold or leased. The Waste Lands Board may apply to the Court for instructions, and with the consent of the 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 sales, one half gross proceeds ; and in the case of leases, one half of the rents reserved, shall be paid to the Court for the use of the natives.

The remaining half, proceeds of sales or rents, shall be paid into the public account, and shall be n consideration for payment by the Governor of the expense of all surveys in connection with the saidlands, acting asagentfor the natives in such sale or letting, clothing the land sold or let with a title from the Crown in satisfaction of any duty payable under tho Native Duties Act, 1873, and_ in, carrying out tho order of the Court according to the wishes of the natives.

Tho Governor shall in no case receive more than £1 per acre under the last provision, and the natives shall be entitled to a full half share notwithstanding it be in excess of the price prescribed by them. The proceeds of sales and rents are to be paid by the Couii to the persons entitled ; and no land is to be sold or leased at a price or rent less than double that named by tho natives, or at a less price than similar lands in the Waste Lands district; and no land shall be leased for less than 2d. per acre per annum. Upon a sale being effected a Crown grant shall issue in tho 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 Act.

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 shall agree upon necessary reserves for public

and other purposes, and the lands shall be sold and disposed of by the Waste Lands Board as other “ town lands ” within their j urisdiction. * If native lands shall be occupied for goldmining purpose under an agreement in that behalf, one-half of the revenue arising from the issue of miner’s rights and business licenses shall be paid to the native owners, and the balance shall form part of the goldfields revenue of the district. The Act is not to be deemed as compelling natives to sell land for gold-mining l ’purposes, : and is not to apply to or affect confiscated or ceded land. Existing leases in favor of the Queen are not to be prejudiced, and where such leases contain a preemptive 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.