NATIVE RESERVES BILL.
The Native Reserves Bill is now before the House. On coining into effect, it will consolidate the law relating to the administration of Native Reserves, and will repeal the following Acts :—New Zealand Reserves Act, 1856 ; New Zealand Native Reserves Amendment Act, 1858 ; Native Reserves Amendment Act, 1862 ; Native Reserves Act. 1873 ; and Auckland and Onehunga Native Hostelries Act, 1867. It defines the jurisdiction of the Native Land Court as having equal jurisdiction over Native land on which the title has been, or shall be, extinguished, and on land owned by Natives under their customs and usages. The Governor in Council may make other, or revoke, regulations for the administration or management of Native reserves. All Native reserves are to be vested in Public Trustee, who, having sole lawful control of lands and hereditaments, moneys, goods, chattels, and effects, may bring and defend any action, civil or criminal, in law or in equity, and may also be sued. All commissioners and delegates now holding power under existing Acts referring to Native affairs, must within six months account to the Public Trustee, to whom all previous contracts, promises, and agreements, will be transferred, and provides that thereafter the Public Trustee must furnish an annual statement to the Minister of Native Affairs, and a copy of all accounts so furnished shall be laid before both Houses of the General Assembly. The application of proceeds from reserves are not to be varied from present purposes, except whore such purposes have become absolute or are no longer possible of attainment. The Public Trustee may, with the sanction of the Board (constituted under the Public Trust Office Act, 1872), lease any portion of reserves vested in him, for agricultural purposes, for any term not exceeding 21 years, and for building purposes not exceeding 63 years, on renewable terms not exceeding twentyone years each, subject to new assessment of rent at every such renewal. Leases may be disposed of by private contract or public auction, and no fine, premium, or gift shall be taken upon any lease. When beneficiaries are not known, the Court shall, after due enquiry, make any order therein that may seem fitting. In default of any beneficiaries being discovered, the Public Trustee shall hold the Native reserve and the proceeds accruing upon trust for such purpose as the Governor-in-Council may appoint. No land reserved for the benefit of Natives shall be subject to the administration of the Act until the Native title has been extinguished. The Public-Trustee may, with the consent of Native owners, apply to the Court to have land brought under the Act, the Native title extinguished, trusts declared, and the land vested in the Public TrusteeNative owners may also transfer land to the Public Trustee, and restrictions) limitations, and conditions, may be annulled or removed ; any order of the Court made in such respect to be registered under the Deeds Registration Act, 1868, or Land Transfer Act, 1870. Existing grants may also be surrendered and others substituted, and the effect shall be the same as if the Crown grant had absolutely been repealed by scire facias. Whenever on the cession of a sale of Native lands to the Queen or any part thereof shall be excepted by the Native sellers, the Commissioner may apply for an order defining the individuals for whom any such land shall be deemed to be so set apart, and the proportionate share of each such individual.
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https://paperspast.natlib.govt.nz/newspapers/PATM18810831.2.21
Bibliographic details
Patea Mail, 31 August 1881, Page 4
Word Count
575NATIVE RESERVES BILL. Patea Mail, 31 August 1881, Page 4
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