NATIVE LAND LAWS AMENDMENT ACT.

Poverty Bay Standard, Volume XI, Issue 1363, 2 October 1883, Page 2

NATIVE LAND LAWS AMENDMENT ACT.

The following is a true text of Mr Bryce's Native Land Laws Amendment Act, which became law on September 8, 1883

1. The short title of this Act is “ The Native Land Laws Amendment Act, 1883.” *2. In this Act, if nut inconsistent with the context “certificate of title” means a certificate issued on an original decision or on a re-hearing. “ Court ” means the Native Laud Court created by the Native Land Court Act, 18<s0. “Native” means an aboriginal native of New Zealand, and in* eludes half-castes aud their descendants by natives.

3. Section 63 of the Native Lands Court Act, 1880, is hereby repealed. 4. No person snail, in any case, be permitted tn appear in Court by or to have the assistance therein of any counsel, solicitor, agent or other representative ; provided that if it be shown to the Court that any party to the proceeding is through age, sickness or infirmity, or through unavoidable absence unable to appear, or if appearing, is incom wteot to conduct his case, such person may n the discretion uf the Court be allowed to

appear by a native. 5. In all cases of subdivision the Court may, at its discretion, reserve any question arising upon the construction or legal effect upon the rights of the parties of any statute, deed, will, or other written instrument, ami may appoint a day and place to hear the parties interested or their counsel or solicitors thereon.

Any person having an interest in any lands that have been granted by the Crown of which an application for a subdivision is being heard, may, with the approval of the Court, appoint an agent to appear for him. 6. The Court may adjourn the hearing of any case from time to time aud from place to place ; and it shall be a duty of the Court, by the best ways and means, without reference to legal formalities, to ascertain and determine the ownership of land held b) Natives under their customs and usagus, or au) other title. 7. It shall not be lawful, after the passing of this *ct, for any person to n^gotiat*, either on his own behalf or as agent or trustee tor any other person for tire convejauce, transfer, purchase, lease, exchange, or occupation of any Native land, ur an) estate, right, title, or interest therein, unti. forty days after the title to such land shah have been ascertained. Such title shall be deemed to have been ascertained wheu—(a.) The time within which a rehearing may be applied for under “Tin Native Land Court Act, 1880,’ hue elapsed without any application having been made ; or (5.) All applications have been refused ;

or (c). Judgment is given on a rehearing. Forthwith upon the title to any laud being ascertained as aioresaid it shall be a duty of the Chief Judge of the Native Lanu Court to cause notice to be given in the Gazette, setting out that the tit e has been so ascertained, together with the name b) which the land is known, and the day when the dealings wit h such laud will cease to be prohibited under t«e provisions of this Act. 8. Any person who, on his own behalf or hb agent or trustee for any other person, shall, alter the pa-sing of this Act, and b fore tlu day to be so fixed as aforesaid, take oraccepi anV conVHjance, lease, transter, gift, or other assurance fn.m any N <tive, whether to him seK s-ley or to hitnri. f any others, of any Native land, or to be a party to any negotia-

tion., agreement, contract, or proni'se >or tin making to im, or to him and others, orti any other p rs -n of any such conveyance, leastiransfur, gift., or other assurance, shall foriei a*d pay a penalty not exceeding fire hun died pounds, to be recovered in a summa j way. An I every such conveyance, lease, transfer gift and other aasutanct, ng cement., cuntr.ir' and promis* shall, except as hereinaitri provided, be r.ul and void. “ Native land,” in this and the nex‘ preoed ing sect ion, does not inciu «e land in r- spec of which a certificate ot title or memorial o ownership-has been ord red to be tssuibefore t he | assing of thG V t. Provide ' that no person shall be convictec of »ny offence under thG section exce, ’ oi the information or complaint of some pernor duly au horti-od in that bcha.f by the Governor, ci her generally or in respect of soim particular case. 9 In addri«»n to the other inquiries direr ted by the Native Lands Frauds Prevent! r krt., I*Bl, to be made by a Trust Comn.is siouer, it shall be his duty, and lie is hereby r. quired to inquire and ascertain if any bu<negotiation as aforesaid was commenced o cartie t on uf>cr the passing of this Act, a-i before the day fixed by proclamation a aioresaid.

10. Whenever ft Trust Commissioner satisfied that a transa<-tiou is invalid under this Actor the Native Lands Frauds Prevention 'et, IMSI, he s a. 1 thereupon endo-s. on the principal or only instrument a certifi cate under his hand to that effect No dee > or other instrument co endorsed 8 all be registered in any registry of deeds or land unless the decision of the Frauds dommis aioner shall be reversed or altered on app“a. to die Supreme Court, and the endorsement, ordered to be expunged, which order the sai ■ Court is hereby authorised to make. 11. No’lung* hereinbefore contained shai affect the validity of any ,conveyance, lease, transfer, gift, or other as-urance after reg's t ration under any act relating to 'he registry tion uf deeds or land ; but. this provision shall not abate the liability of any person *u any pecuniary penalty. 12. The Native Lands Frauds Prevention Act. 1881, shall hereafter be read ami con strued asth-mg sections 7. 8,9, lOand 11 «>i this Act had been incorporated in and form, d part of the said Act. 13. Nothing in tins Act hereinbefore containei s••all affect ur apply the Crown, ur to any person acting for or on behalf of the Crown under the authority of a Minister of t ie Crown. 14. The Maori Red Esta'e Management

Act, 18f»7, and the Maori Real Estate Management Act Amendment Act, 1877 shall be hereafter read and cunstru- d as though there was expressed herein the provision fol owing, viz : ill moneys to become payable under the said Acts or under any contract made thereunder, shall be p tid to the credit of an a count to be opened for the purpose by the Pub ic Trustee, whose receipt alone shall he a good discharge to any ( ersun paying 'he same and whose cer'ificate alone shall be recognised by any Trust Commissioner as evidence of anv payment having heen made under the sai'i Vts, and such Public Trustee shall not ray any money out of such aec >unt without the written authority of a Judge of the Native Lands Court.

15. Section 10 of the said Maori Real Estate Management Act Amendment Act, 1878, is h n bi repealed, and that Act an I the Native Land Act Amendment Act, 1878 (No 2), shall b'* read and construed .-is if such 10th secti n had not been enacted.

16. After the pulsing of this Art it shall not. be lawful 'o remove re tri tion* u on the a' euahility of land of owned by Natives, eth r in whole or in part, until notice has been riven in the Government Gazette and in the Kahili of the intention of wuch removal lor a period of not less than sixty days.

17. Sections sixteen, seventeen, eightoeon, and twenty two of “the Native Land Court Act, 1880,” shall be amended as follows:—

Section sixteen shall be road as if the words “ three or more ” had not inserted therein ; section seventeen as if the third and fourth paragraphs had not been inserted therein ; and any applications for investigation of tide heretofore ro ide under the said Act s all be deemed and t’ken to have been good and valid uppii- atiotn j Section eighteen by ad‘i g thereto the Wurth, “ but ihe Chief Judge may at any time and from time tu time, before the opening of a Court, order that su<’h opening shall be postponed to a future day, aud such opening shall be postponed accordingly, aud any business, including reheatings, set down, or o-dered for the day first named fur opening shall be deemed and taken as having been sot down and ordered f«>r buli postponed opening ” j Seclion twenty two shall be read as if the words “as staled in the application and ” had not appearen therein.