NATIVE LANDS BILL.

New Zealand Times, Volume XXXI, Issue 4827, 11 September 1876, Page 3

NATIVE LANDS BILL.

A Bill has been drafted to the instructions of certain natives, and will shortly be introduced into Parliament by one of the Maori representatives, to deal with the native lands of the North Island. We believe that the following will in effect be the provisions of the Bill when introduced to the House :—lt is only to affect native lands in the North Island, and will not operate as to dispositions of land or any interest therein bona fide completed before the commencement of the Act. The existing machinery of the Natives Lands Court is utilised, and on the application of any native interested in any native land the Court is to enquire into his title and as to the title and estate of all persona interested therein, and also as to the charges thereon. Powers of making partition and awarding compensation on the extinguishment of the claims of any native owner are given to the Court, and after the inquiry as to title the award or order of the Court thereon is to be made and placed on record. Where native owners agree upon the subject the award is to bo made in such terms as the Court thinks best calculated to carry out their wishes. The award or order is to contain the names of the owners actually seized or entitled to be seized of the land or any part thereof, and where the seizin or right of seizin is clothod with any tribal, family, or other trust, a declaration of such trust is to appear therein. In the event of compensation having been awarded, or the land being subject to any charges, the amount thereof and the names of the persons to whom the same 13 payable shall also be inserted in the order. After the award or order as to title is recorded the land is to be surveyed by some duly authorized surveyor to be appointed by the native* owners, and in the survey provision ia to ba made for roads. A reserve of 30 per cent, of the land is also to be laid off on the survey, and when It is completed the maps and plans are to be deposited in the Court. After the deposit of

'th«" survey the :reserve,: is,:to" vest 1 .immediately in the native ' owners and the Governor jointly, and is to be held by ■them and their successorsin trust and for the use and benefit of the native owners and the family, tribe, and other persens interested •therein, and their'lineal descendants, in perpetuity inalienably and for' ho other use or purpose whatsoever. The costs of the proceedings of : the Court are then to be ascertained, and a Crown grant of the land not included in the reserve or laid off for road purposes is to be prepared in accordance with the terms of the order as to title and in favor of the persons named therein. The Crown grant is to contain provisions charging the land granted with the sums of money then due thereon, the amount awarded' 1 for compensation (if i any), and the costs of the proceedings. Until this charge is satisfied by payment, interest at 7 per cent per annum is to be paid' thereon, or on so much thereof as for the time being shall be due. Any trusts in connection with the land are also to be declared, and other proper legal provisions made. Full power of alienation is given to the grantee or grantees under the last provision, with a" proviso, however, that until the sums of money charged on the lands are satisfied, all mbDeys, rents, or other proceeds of any sale, lease, mortgage, 'or, other disposition thereof are to be paid through the Court, the receipt of the Court until such time as aforesaid being alone a discharge for the same. Tbe moneys received under the last provision, after satisfaction of the charges on the land, are to be paid over by : the Court to the persons legally entitled to the same. After satisfaction'of the charges a declaration, under the Beal of the Court, to that effect, is to be given to the grantee or grantees, and the. production thereof or of a duplicate, or inspection of the registry thereof in any District Land Office, shall relieve" any purchaser, lessee, or other person to whom a disposition may be made, from the necessity of seeing to the application of the purchase money, rent, or other consideration, the receipt of the original grantee or grantees being a sufficient discharge for the same. In the case of tribal, family, or other trusts the power of disposition and sale is not to be affected, but the proceeds thereof are to be paid and applied to and for the benefit of the objects of the trusts, the purchaser, lessee, or other person to whom a disposition is made not being bound to see to the application of the purchase money, rent, or other consideration. Power is given to the Court to inquire into transactions not completed at the time of the commencement of the Act, and to decide whether or not the lands the subject of such transactions are exempt from the provisions of the Act. The provisions of the Native Lands Act, 1873, are to apply mutatis mutandis to investigations, orders, and other acts and things under the. Act so far as applicable, it being specially provided that the right heretofore existing of vetoeing or stopping the investigations, proceedings, or orders of the Court shall be abolished. -Power is given to the Governor to make regulations to give effect to the provisions of the Act and the purchase or acquirement of native land is prohibited until the provisions of the Act as to title, survey, reserve, and Crown grant have been complied with, under a penalty of £SOO, such transactions being declared void. Enactments and regulations of or under existing statutes inconsistent with the Act are repealed, with a saving clause as to acts'and things lawfully done before the coming into operation of the Act. The following terms are - to be interpreted according to the meanings assigned:—" Court," the Native Lands Court of New Zealand; "Native'' means a person of the aboriginal native race- of New Zealand, and includes, the various castes of such race; and " Native r Land" means land owned by a native or natives or in which a number of natives" is ' interested by ■ custom or otherwise not having at the commencement of the Act passed the Native Lands Court, or for which any person has then received or shall then be entitled to receive a Crown grant.