22 GEO. V.] N alive Purposes. [1931, No. 32. 341

New Zealand.

ANALYAIS. Title. 20. Provision relating to part of Rotoiti Native 1. Short Title and commencement. Township ceded to Crown for scenic pur. 2. Interpretation. poses. 3. Definition. 21. Authorizing Board of Control for Rotokakahi PART I. Lake. 22. Crown may accept gift of Urenui Pa. PROVISIONS ADECTING NATIVE RESERVES. 4. Native Trustee may lease lands vested in him under Wes~ Coast Settlement Reserves Aot, IS92. PART Ill. 5. Provisions for prospecting and mining for NATIVE TOWNSHIPS. mineral oils on West Coast Settlement Reserves. 23. Authorizing Native township sections to be 6. Special provisions as to mortgages and other let without further competition. encumbrances of leases of West Coast 24. Native township sections may be transferred Settlement Reserves. to beneficial owner. 7. Enabling the Native Trustee to lease certain 25. Making provision for exchange of existing lands for religious or educational purposes deferrcd-payment licenses to occupy lands at nominal rental. in Native townships for deferred-payment S. Native Trust\ee may subdivide Native reserves licenses under section 6 of the Land Laws and lay ofi' roads. Amendment Act, 1926. 9. Permitting payment to Natives of compensa. 26. Authorizing Crown leases of Native township tion or other moneys in respect of certain lands. Native reserves. . 10. Assessment of ground.rent of Native reserves. H. Native Trustee declared a leasing authority PART IV. with ~pect to Auckland and other Native reserves. EAST COAST NATIVE TRTJST LANDS. 12. Granting power to the Native Trustee to 27. Provision for appointment of East Coast lease the Paepaetahi Block to Native Commissioner. beneficial owners. 2S. Status of Commissioner. 13. Poukawa Reserve to be administered under 29. Powers of Commissioner. the West Coast Settlement Reserves Act, 30. Mortgagee not bound to inquire as to pro- IS92. RepeaJ.. priety of mortgaging. 14. Reserve 4074 to be administered by Native 31. Priority of mortgages given by Commissioner. Trustee. 32. Jurisdiction of Native I.and Court. 15. Section 9, Squn.re 12, Block Ill, Totaranui 33. Commissioner may create Native villages. Survey District, to be administered by 34. Commissioner to keep one banking account. Native Trustee. . 35. Provisions of principal Act against alienation ]6. Port Chalmers (Koputai) Reserve to be of trust funds to apply. administered by Native Trustee. 36. Commissioner may execute mortgages for general and special liabilities. 37. Commissioner may alienate trust lands for PART 11. school-site. 3S. Commissioner may revest certain lands in SOENlO RESERVES. heneficiaries. 17. Providing for administration of Okataina 39. Beneficial owners may alienate to other Scenic Reserve. beneficial owners. IS. Provisions relating to cession by Native 40. Annual balance-sheet to be prepared. owners of certain lands near Lakes Rotoiti 41. Accounts to be subject to control of Court. and Rotoehu, to be held by His Majesty in 42. Court may give leave to sell certain lands of trust for scenio purposes. trust estate. 19. Provision relating to cession of port.ion of 43. Commissioner protected whilst acting under Waione Block for scenic purposes. Court order. 342 1931, No. 32.] Native P'urposes. [22 GEO. V.

44. Commissioner may contribute to patriotic, N gaitahu Claim. educational, or charitable purposes. 65. 8etting up Board in connection with Ngaitahu 45. Repeals. claim. Kaiapoi Ruerve Board. 66. Old Native Pa at Kaiapoi to be a reserve PART V. under control 01 Kaiapoi Reserve Board. ADMINISTRATIVE BOARDS AND BODIES. Maori Purposu Fund. PART VI. 46. Provisions aflecting Maori Purposes Fund Control Board. MIsOELLANEOUS POWERS AND JURISDIOTION. (a) Affecting Tuwkaretoa Tribe. Maori Ethnological Ruearck. 67. Authorizing the Aotea Maon Land Board to 47. Provisions affecting Maori Ethnological Re. pay to the Tuwharetoa Co.operative Dairy search Board. Company (Limited) instalments due to owners of the Puketapu Block who signed Maori Arl8 and Crafts. deed of consent. 48. Provisions affeoting Maori arts and crafts. 68. Governor-General may make regulations Repeal. authorizing Ngati-Tuwharetoa to take ConjiBcated Landa. trout or other fish in Lake Roto-Aira. 49. Authorizing settlement of Native grievances 69. Exempting Ngati-Tuwharetoa Tribe from regarding confiscated land. paying heavy-traffic fees on the Tokaanu­ Waimarino Road. Rewi Maniapoto Memnrial T1"U8t. 70. Enabling disposal of land set apart for dis­ 50. Vesting Lot 112, Kihikihi, in a corporate charged l\Iaori soldiers. body for special purposes. 71. Validating payment of rent of Owhaoko D 7 Block to Natives. Arawa DiBtrict Trust Board. (b) Matter8 affecting Tokerau District. 51. Provisions affecting Arawa District Trust Board. 72. Autholizing inquiry as to alienation of part 52. Authorizing loans by Arawa District Trust of Kaihu 2B 3 Block. Board to members. 73. Enabling Kaihu lA 1 school-site to be revested 53. Authorizing Arawa District Trust Board to in Natives. act as Maori Council. 74. Empowering adjustment of title of, and oharges on, Motatau No. 2 Block. Tuwkaretoa T1"U8t Board. 75. Revesting Taiharuru school-site in Natives. 54. Payment of annual sum to Tuwharetoa Trust (c) Matter8 affecting Waikato-Maniapoto District. Board authorized. 55. Tuwharetoa Trust Board constituted. 76. Enabling adjustment of rates levied by the 56. Authorizing loans by Tuwharetoa Trust Mangapu Drainage Board. Board to members. 77. Authorizing trustees of Waitangirua Block to distribute trust funds. Ringatu Church TrU8t. 78. Permitting variation of leases of Native land in Waikato-Maniapoto district. 57. Wainui or Section 313, Parish of Waimana, 79. Applying Part XVIII of principal Act to to be administered by trustees for the Allotment 6, Section 2, Raglan. Ringatu Church. 80. Authorizing titles to issue for certain Crown lands to Natives. Rotorua T0wn8hip Ruervu. 8]. Authorizing COUlt to inquire as to burial­ 58 Administration of reserves in Rotorua Town· place on Waipapa Block and make vesting ship vested in Waiariki Maori Land order. Board. Wkakarua Park. (d) Matters affecting Waiariki District. 59. Providing for the administration of Whakarua 82. Sections 125 and 128 of Public Works Act, Park. 1928 (relating to roads), not to apply to sale or subdivision of land situate within Hinerupe T1"U8t (Te Araroa). the Ohinemutu Pa. 60. Court may vest part of Te Araroa Native 83. Reserves for Natives may be set apart in Township in trustees. Urewera lands. 84. Authorizing Court to confer easement in W i Pere T1"U8t. respect of Matata water-supply. , 61. Wi Pere Trust Lands Management. Repeal. 85. Restricting alienation of lease of the Whaka­ poungakau No. 15B Block. 86. Enabling Court to exercise jurisdiction with Kaiti Maori Pa. regard to Ohinemutu and Whakarewarewa 62. Provision for oontrolling trust fund arising out Villages. of Seotions 35 to 39, Kaiti. 87. Enabling the ownership of Utuhina No. 3D Block to be adjusted. Administration of Otaki Land8. 88. Provision with regard to Arawa Lakes. 63. Provision for recovering Native rates due to Otaki Borough. (e) Matter8 affecting Tairawhiti DiBtrict. 89. Permitting appeals respecting Marangairoa ID Mataikona Blocks. Block. 6i Native Trustee to administer Mataikona , 90. Allotting rents of Ahirau 1 and 2 Blocks for Blocks. Repeal I religious purposes. 22 GEO. V.] Native Purposes. [1931, No. 32. 343

91. Setting aside rents of Tapuaeroa 2A 2 Block for religious purposes. (g) Mattera affecting Ika'l'oo Diatrict. 92. Relative interests in Anaum, Kaiaua No. 1, 106. Funds from disposal of part of Town Section and Kopuatarakihi No. 1 Blocks may be 306, Napier, to be used for Native purposes. redefined. 107. Exempting Maori agricultural college from 93. Authorizing Court to exercise jurisdiction as rates. to Patutahi Block. lOS. Authorizing recommendation regarding Ao­ 94. Report respecting Patutahi Block may be rangi Block to be carried out. given effect to. 95. Governor-General may prohibit alienation of (h) Matter8 affecting South I8land District. Native land bordenng on Lake Waikare· moana. 109. Enabling Court to exercise jurisdiction re­ 96. Tairawhiti Maori Land Board to administer garding heneficiaries of Titi Islands. Waikaremoana debentures. 110. South Island landless Natives' lands enabling. 97. Authorizing Court to exercise jurisdiction Ill. Mahakipawa Native burial-ground set aside respecting Marau Block. as a cemetery may be used by Natives. 9S. Authorizing appeal respecting will of Heni 112. Authorizing rehearing regarding Cobden Parekuta Ahuroa (deceased). Reserve.

(j) Matter8 affecting Aotea Diatrict. 99. Enabling Chief Judge to exercise jurisdiction PART VII. respecting Katere Pd,. 100. Adjusting compensation for Waipuku-Patea GENERAL. Reserve. 113. Power of appointment includes power of 101. Survey charging-order in respect of Reureu removal. No. 1 Block mav issue. 114. Authorizing Native Trustee to cxpend fund 102. Validating inclusion of land in Bulls rifle­ in respect of land administered by him. range. 115. Power to adjust rent under Native leases. 103. Providing for reservation and administration 116. Assignments to certain Boards permitted. of Manukorihi Pa, Waitara. 117. Provision for control of Native burial­ 104. Vesting part of Native Reserve .. R," New grounds. Plymouth, in the New Plymouth Borough Council. Repeals. 105. Providing for administration of Paribaka US. Repeals. Native Settlement. Schedule.

1931, No. 32.

AN ACT to consolidate various Amendments of the Laws relating Title. to Native IJands, to adjust certain Claims and Disputes, to bestow Powers upon certain Boards and Authorities, to confer Jurisdiction upon the Native I .. and Court and the Native Appellate Court, and for other Purposes. [11th November, 1931. BE IT ENACTED by the General Assembly of New Zealand in Parlia­ ment assembled, and by the authority of the same, as follows :- 1. This Act may be cited as the Native Purposes Act, 1931, Short Title and and shall come into operation on the first day of January, nineteen commencement. hundred and thirty-two, save that section one hundred and fifteen of this Act shall come into operation on the passing thereof. 2. In this Act the expression "the principal Act" means the Interpretation. Native Land Act, 1931. 3. Words and expressions used in this Act shall, unless the con- Definition. trary intention appears, have the same meaning as in the principal Act.

PART I.

PROVISIONS AFFECTING NATIVE RESERVES. 4. Notwithstanding anything to the contrary in the West Coast Native Trustee may lease la.nds vested Settlement Reserves Act, 1892, the Native Trustee is empowered to in him under lease land vested in him under tha.t Act by public auction or public West Coast Settlement Reserves tender for a term not exceeding twenty-five years with or without Aot,IS92. compensation for improvements. 1907, No. 76, s. 10 344 1931, No. 32.] Native Purposes. [22 GEO. V.

Provisions for 5. In order to provide for prospecting and mining for minerals, prospecting and including petroleum and other mineral oils, on any lands vested in mining for mineral oils on West Coast the Native Trustee under the West Coast Settlement Reserves Act, Settlement Reserves. 1892, and its amendments, the following special provisions shall apply :- 1924, No. 45, s. 18 (a) The Native Trustee may, by instrument of license, grant to any person the right to prospect and mine for any specified mineraJ or mineral oil on or under any specified portion of the said lands. (b) The license may be granted for such period and upon such terms as to conditions of entry, right of access, payment of rent or royalty, compensation to the lessee or other person in lawful occupation of the land for disturbance and surface damage, and generally on such terms and conditions as the Native Trustee thinks fit, subject nevertheless to regu­ lations by the Governor-General in Council, which he is hereby empowered to make from time to time for the purpose of giving effect to this section. (c) Every such instrument of license shall be deemed to be an instrument affecting land under the Land Transfer Act, 1915, and may be registered accordingly. (d) Before granting the license the Native Trustee shall notify the person (if any) who is lessee or otherwise in lawful occupation of the land, and if such person considers that the proposed terms of the license are in any respect unfair to himself he may, by notice in writing to the Native Trustee, object to the issue of the license, and specify the points in which he considers they are unfall' to him : Provided that the terms shall not be deemed to be unfair to him merely because they do not provide for his receiving any portion of the rent or royalty. (e) If such notice of objection is duly given, the points of valid objection shall be settled by arbitration. (f) The costs of all parties to the arbitration shall be paid by the applicant for the license, who shall give security for the payment thereof to the satisfaction of the Native Trustee before the arbitration is proceeded with. (g) When the award under the arbitration has been made, either the Native Trustee or the applicant for the license may decline to proceed further in the matter. (h) If the license is granted the terms of the award shall be conformed to, and the license shall bind the lessee or other person in lawful occupation of the land and all persons deriving title through him. (i) The rent or royalty payable under the license shall be applied bv the Native Trust.ee in the same manner as rent derived from the land. Special provisions as 6. With respect to any encumbrance, lien, or interest duly to mortgages and other encumbrances registered against the estate or interest of any person in any land of lea.ses of West comprised in a reserve under the 'Vest Coast Settlement Reserves Act, Coast Settlement Reserves. 1892, and held by him under any lease granted under that Act, the 1925, No. 40,8. 27 following provisions shall apply:- (a) In any case where the lessee acquires an estate of freehold in such land the District Land Registrar, before issuing a 22 GEO. V.] Native Purposes. [1931, No. 32. 345 certificate of title in respect t.hereof, shall make all entries necessary in order to record on such certificate every then existing encumbrance, lien, or interest, in the order of their registered priority; and such freehold estate shall be subject theroto in like manner as if they had been created in respect of such freehold estate. (b) Where the lessee surrenders his lease and, pursuant to any right, power, or authority conferred on him by any Act for the time being in force, receives in exchange therefor a new lease, or where on the expiry of his lease he receives a new lease therefor, such new lease shall be deemed to be subject to all existing encumbrances, liens, and interests (if any) registered against the original lease; and the District J-Jand Registrar shall record on the new lease all such encumbrances, liens, and interests accordingly in the order of their registered priority. 7. In all leases of land now existing or hereafter granted under Enabling the the provisions of the Westland and Nelson Native Reserves Act, 1887, =ve ~~: where the land is held, used, or occupied for religious or educational for reuegio: or purposes other than for schools carried on for pecuniary gain or profit, ~=~ it shall be lawful for the Native Trustee to reduce to a nominal rental, nominal ~ntal. or to such amount as he thinks reasonable, the rent of any such land 1911, No. 35,8. 9 so long as the same is used for any of these purposes. 8. (1) For the purpose of enabling the Native Trustee to more Native ~~tee profitably utilize Native reserves vested in him, including those subject ;:li::~Vlde to the Westland and Nelson Native Reserves Act, 1887, the following and lay off::a. special provisions shall apply in the case of every such reserve:- 1910, No. 82,8.3 (a) The Native Trustee may from time to time survey and 1911, No. 35, 8010 subdivide any reserve into suitable allotments, and with the consent of the local authority layoff, form, and dedicate such roads thereupon as h~ thinks fit. (b) Every such road shall be deemed to be a public road vested in His Majesty. (c) The expenses incurred by the Native Trustee in carrying out the aforesaid works in connection with any reserve shall be a first charge against that reserve and the rents and profits thereof. (d) If such rents and profits are not sufficient to pay the expenses, the Native Trustee may advance moneys out of the Native Trustee's Account to pay such expenses, and all such advances with interest thereon at· the current rate charged by the Native Trustee on advances shall be paid out of the rents and profits as they accrue. (2) In carrying out the aforesaid works the Native Trustee shall conform to the survey regulations for the time being in force and also to the statutory provisions in force relating to the subdivision of lands and the laying off of roads. (3) This section shall be construed in aid and not in derogation of any other statutory powers conferred upon the Native Trustee with respect to roads. (4) For the purpose of this section the term "roads" includes streets where the land is within a borough, but in such case the street 346 1931, No. 32;] N alive Purposes. [22 GEO. V. shall vest in the Corporation of the borough as provided by the Municipal Corporations Act, 1920. Permitting payment 9. The Native Trustee is hereby authorized and directed to to Natives of oompensation or disburse to the beneficial owners, after deducting therefrom all his other moneys in lawful charges and expenses, all funds in his hands arising from­ respeot of oertain Native reserves. (a) Royalties on stone, minerals, or timber removed from land; 1924, No. 45,s. 19 (b) Compensation or other moneys for any land taken under the Public Works Act, 1928, or other statutory authority­ and standing to the credit of the beneficial owners of any lands vested in the Native Trustee, whether by statute or otherwise, for adminis­ trative purposes only under the Native Reserves Act, 1882, the Westland and Nelson Native Reserves Act, 1887, or any amendment of such Acts. Assessment of 10. In every case where a new assessment of ground-rent has ground-rent of Native reserves_ to be made under paragraph two of section fifteen of the Native 1913, No. 71, s. 17 Reserves Act, 1882, it shall be made by arbitration. (1) Native Trustee 11. With respect to the Native reserves, being the land deolared a'leasing hereinafter described, the Native Trustee shall be deemed to be a authority with respect to Auckland leasing authority within the meaning of the Public Bodies' Leases Act, and other Native 1908, and may lease the same or any part thereof in accordance with reserves. the provisions of that Act. Ibid., s. 18 1917, No. 25, s. 24 (2) Section twelve of the said Act shall apply to existing leases of land comprised in the said reserves. (3) The powers conferred upon the Native Trustee by this section are irrespective of all other leasing-powers exercisable by him under the Native Reserves Act, 1882, or any other Act. (4) The land to which this section relates is- Firstly, all that piece or parcel of land being portion of Allotment 19 of Section 9, situftte in the City of Auckland, in the Parish of Waitemata, County of Eden, containing by admeasurement one acre three roods thirteen perches, more or less: bounded on the north-east by the Strand, 243 links; on the south-east by Stanley Street, 900 links; on the south-west, at an angle of 90° with Stanley Street, 46'46 links; on the west by a road, 675'12 links; again on the north-east by other portions of said allotment, 19'185 links; and on the north-west by other portion of the said allotment, 19·201 links: . Secondly, all that piece or parcel of land situated in Mechanics Bay, Auckland, and being Allotment 4 of Section 12, containing by admeasurement two roods ten and a half perches, more or less: bo.unded towards the north-east, 434-9 links, by Allotment 4A of Section 12; towards the east, 43-47 links, by Beach Road; towards the south-east, 97-78 links, by the said Beach Road; towards the south-west, 504-42 links, by Constitution Hill; and towards the south-west, 113-15 links, by a lane 18-2 links in width: Thirdly, part Town Acre 543, City of Wellington, containing one rood thirteen perches, and Town Acres 864, 893; 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 987, 988, 989, 995, 996, 997, 998, 999, 1000, 1001, 1002, 1003, 1004, 1005, 1081, 1082, 1098, 1099, 1100, containing one acre each, or a total area of thirty-six acres one rood thirteen perches: Fo'Q.rthly, the Native reserve in the Borough of Palmerston North, comprising Sections Nos_ 203, 204, 205, 207, 209, 210, 211, 212, 213, 22 GEO. V.] N aJ,ive Purposes. [1931, No. 32. 347

214, 218, 219, 220, 228, 237, 238, 239, and 276 in the said borough, containing seventy-one acres and one rood, or thereabouts. 12. Whereas the Paepaetahi Block, containing one hundred and Granting power to twenty-ei~ht acres three roods, situated in the Heretaunga Survey the Native Trustee District, In the Provincial District of Hawke's Bay, is vested in the ~a!=~ Block to Native Trust-ee for administration under the provisions of the Native Native beneficial · d B' h f downers. Reserves Act, 1882, and Its amen ments: . e It t ere ore enacte :- 1917 No. 25,8.19 (1) The Native Trustee may at his absolute discretion lease the land ' , so vested in him to Native beneficial owners whom he may consider desirable tenants, Without competition, for a period not exceeding twenty-one years, and without right of renewal, and without com- pensation for improvements. (2) The annual rental for leases granted under this section shall be fixed at an amount equal to five pounds per centum per annum of a special Government valuation of the property proposed to be so leased, and such leases shall contain the usual covenants, and any special covenants or conditions which the Native Trustee may in his absolute discretion impose for the purpose of restraining the lessee from alienating his interest in any such lease granted hereunder 01' otherwise. (3) The powers hereby granted may be exercised from time to time. 13. (1) The Poukawa Native Reserve, described in the Schedule Poukawa Reserve to the Poukawa Native Reserve Act, 1903, and now vested in the tounder be administethe Weatre d Native Trustee, shall cont.inue to be dealt with and administered by Coast Settlement the Native Trustee in all respects as if the said land had been included :;r; ~ct, 1892. in and formed part of and was one of the reserves as defined in the 1.919: N~: ~, B. 6 West Coast Settlement Reserves Act, 1892, and shall be subject to 1925, No. 40, B. 30 the provisions of section thirty-three of the. Native Trustee Act, 1930. (2) The provisions of Part VII of the principal Act (relating to exchange) shall apply to the said Poukawa Native Reserve, but no order of exchange shall be made in favour of a person -not being a beneficiary in the said reserve or some portion thereof. (3) The Poukawa Native Reserve Act, 1903, is hereby repealed. Repeal. 14. (1) The land hereinafter described shall continue to be held ~n:e 4074 to be by the Native Trustee upon trust for such Natives and their descendants ~~t!: as the Court on the application of the. Native Trustee shall determine,. 1923, No. 32, B. 18 and the said Court is hereby empowered to determine the beneficial owners and their relative interests accordingly. The said beneficiaries shall have no power of alienation save by will. (2) The Native Trustee shall have with regard to such land all the powers and authority he has with regard to Native reserves vested in him under the Native Reserves Act, 1882, and in addition shall have the following powers:- (a) To grant occupation licenses of the said land or any part thereof. All occupation licenses heretofore issued by the Canterbury Land Board, if existing, shall be deemed t.o be valid licenses to which the title shall be subject: (b) To permit Natives to occupy any part of the said land without payment of rent:· (c) To permit any buildings erected upon the land to be removed, or to allow any buildings to be sold to any person with the 348 1931, No. 32.] N otive Purposes. [22 GEO. V.

like right of removal, or to purchase any buildings erected on the land and allow compensation to the owner thereof. (3) The land affected by this section is all that piece of land, containing twenty-nine acres three roods, more or less, adjoining Waipopo Nat,ive Reserve 882, and known as Reserve 4074, Block VII, Arowhenua Survey District. . Section 9, Bqua.re 12, 15. (1) That parcel of land situate in the Provincial District of ¥~~ Survey Nelson and known as Section 9, Square 12, of Block Ill, Totaranui District, to be Survey District, shall be deemed to be a Native reserve within the N'a':~~~: meaning of the Native Reserves Act, 1882, and shall be subject thereto 1924, No. 45, 8.20 as fully and effectually as if the land had been vested in the Native Trustee under section eight of that Act. (2) The Native Trustee, in addition to any other powers he may possess, shall have the following special powers in respect of the said land:- (a) To dedicate for road purposes a strip of the said land one chain wide above and adjoining high-water mark: (b) To let the said land by public auction or private contract for such term and upon such conditions as he shall think expedient. (3) None of the provisions of the Westland and Nelson Native Reserves Act, 1887, shall apply to such land. Port Chalmers 16. (1) The land referred to in this section is the land known (Koputai) Reserve to be administered as Sections numbered 401 and 412 of the Town of Port Chalmers, by Native Trustee. the latter of which is comprised and described in certificate of title, 1930, No. 29, 8. 33 Volume 88, folio 60, of the Otago Land Registry, and the former is comprised and described, inter alia, in Crown Grant Registered Number 26475. (2) The District Lanli Regist~ar is authorized to issue one or more certificates of title for the said land in favour of the Native Trustee, subject to any existing encumbrances, and thereupon to cancel any previous certificate of title that may be inconsistent therewith. Any certificate of title issued hereunder shall have endorsed thereon a memorial to the effect that it is issued pursuant to the provisions of this section. (3) The Native Trustee may (without the necessity of confirmation by a Maori Land Board) lease and otherwise deal with the said land upon such terms and conditions as he thinks expedient, but shall not alienate the same by way of sale or mortgage, except with the prior consent in writing of the Native Minister. (4) All revenue or other moneys received from the occupation or alienation of the said land, including any sum already received or held by the Native Trustee, shall be applied for such purposes for the benefit of the members of the Ngaitahu Tribe as the Native Minister or the Court may direct, including the payment of any sum to the Maori Purposes Fund Control Board or to the Ngaitahu Trust Board for expenditure for some purpose benefiting members of the Ngaitahu Tribe either generally or with respect to some particular section or individual of that tribe. (5) The Native Trustee shall payout of such revenue or other moneys such sum for such purpose as the Native Minister may by writing under his hand direct. 22 GEO. V.] N (]Jive Purposes. [1931, No. 32. 349

(6) It shall be within the discretion of the Native Minister to decide what is a proper purpose for the application of money under this section, and he may from time to time change or vary the purpose.

PART 11. SCENIC RESERVES. 17. (1) The Governor-General may from time to time, by notice Pro~~f,?r in the Gazette, vest the control of the reserves mentioned in section ~b:ai:~:f twenty of the Native Land Amendment and Native Land Claims Reserve. Adjustment Act, 1921-22, in a Board of Control constituted by him 1921-22, No. 62,8. 20 for the purpose, consisting of not less than six persons, of whom five 1928, No. 49, 8. 38 shall be members of Ngati-Tarawhai, Subtribe of the Arawa Tribe. The Governor - General may by Order in Council make regulations prescribing the practice and procedure of the Board of Control. (2) Notwithstanding the cession to His Majesty of any lands afiected by this section, the former Native owners thereof shall have at all times free right of access to any ancestral burial-grounds that may be included therein, and shall also have the right to bury deceased Natives in any such burial-grounds. 18. (1) For the administration of the reserves ceded to His Pro~D8 relat~ Majesty pursuant to section thirty-three of the Native Land Amend- ~=~~ ~!:lve ment and Native Land Claims Adjustment Act, 1919, the Govemor- Ia.nds. ~e&r Lakes General may, acting under the authority of section thirteen of the ~~:tu&n! be held Scenery Preservation Act, 1908, appoint a special Board of Control, by his Majost! in consisting of not less than six persons, of whom five shall be members ~=.sceme of the Ngatipikiao Tribe. 1919, No. 43. 8. 33 (2) Notwithstanding the cession to His Majesty, the former Native owners thereof shall have at all times free right of access to any ancestral burial-grounds that may be included therein, and shall also have the right to bury deceased Natives in any such burial-grounds. 19. The administration of the reserves ceded to His Majesty Provis~on reIa.t~ ursuant to section thirty-two of the Native Land Amendment and to e~lon of portIOn P • " of W &lOne Block NatIve Land ClaImS Adjustment Act, 1922, shall be controlled by the forscenie purposes. Board of Control provided for by the last preceding section. 1922, No. 48, s. 32 20. The administration of the reserves ceded to His Majesty Provision reIa.ting pursuant to section thirty-one of the Native Land Amendment and ~ ran:l =ti Native Land Claims Adjustment Act, 1922, shall be controlled and ce~:deto Crown }or administered by the Board of Control provided for by section eighteen scenie P111'pOSe8o hereof Ibid., s. 31 . . . k 1926, No. 64, 8. 20 21. The adm1Dlstration of Roto akahi Lake (or Green Lake), 1929, No. 19, s. 34 situate in the Waiariki Native Land Court District, together with the Authorizing Boa.rd islands therein, including the Punaruku Island, shall be controlled by ~~:t:~°£ak a Board of Control constituted by the Governor-General, consisting of 1923; 32 ;~ not less than six persons, of whom five shall be members of the 1930: N~: 29::: 27 Tuhourangi and Ngatitumatawera Subtribes of the Arawa Tribe. 22. (1) Notwithstanding anything to the contrary in the principal ~wnmay~pt Act, the Crown may acquire and accept by way of gift from the gift of Urenm Pa.. owners the Native land situate in the Taranaki Land District, con- 1929, No. 19, B. 55 taining seven acres, more or less, and being Subdivision 2B 1 of Section 2 of Block III of the Waitara· Survey District, and known as 350 1931, No. 32.] N aJ,ive Purposes. [22 GEO. V. the Urenui Pa, upon the conditions set forth in an agreement signed by the Native owners and dated the seventeenth day of January, nineteen hundred and twenty-nine. ' (2) Whenever the Governor-General is satisfied that the majority of the Native owners of the said land have assented to such gift, and that the said conditions will be observed and performed, he may proclaim that the land has become Crown land, and t.hereupon the land shall be deemed to be Crown land. Any such Proclamation shall be conclusive as to its own validit5'. (3) Upon becoming so proclaimed the said land shall be deemed to be a scenic and historic reserve within the meaning of the Scenery Preservation Act, 1908, and shall be dealt with accordingly.

PART Ill. NATIVE TOWNSHIPS. Authorizing Native 23. Where the sections of a Native township have been submitted township sections to be let without for lease by public competition and any of them remain unlet the further competition. Board may let the same or any of them without further competition 1922, No. 48, s. 15 if it is satisfied that the case is one in which the expense should be saved, and that the rental proposed to be paid by any intending lessee is a fair and adequate one, based upon the Government valuation. Native township 24. A Board may, with the precedent consent in writing of the sections may be transferred to beneficial owners, or of their trustees in the case of owners under beneficial owner. disability, or in pursuance of a resolution of the assembled owners, 1923, No. 32, s. 12 transfer any land in a Native township to any beneficial owner, or the successor, trustee, executor, or administrator of such beneficial owner. Making provision 25. (1) Any owner of a deferred-payment license issued pursuant ~~~~~1:!d. to the provisions of clause nine of the regulations regarding the disposal payment licenses to of lands acquired by the Crown under the Native Townships Act, 1910, c;:~~! ~=:ps for made on the twentieth day of December, nineteen hundred and twenty, deferred-payment may, with the consent of the Land Board of the district in which the == ~t~~e land is situated, at any time during the currency of such license, Land Laws surrender his license and obtain in exchange a license to occupy on t::~dment Act, deferred payments subject to the provisions, with such modifications 192 7, N 0.67,8. 33 as may be necessary, of section six of the Land J.Jaws Amendment Act, 1926. (2) In any such case the term of the license granted under this clause shall be computed as from the commencement of the term of the surrendered license, and all payments of principal and interest made under the surrendered license shall be deemed to have been made under and for the purpose of the new license. (3) Any payments made under the surrendered license in excess of the payments that would have been required to be made under the new license shall be deemed to have been paid in advance, and the provisions of paragraph (h) of subsection one of section six of the Land Laws Amendment Act, 1926, shall apply thereto accordingly; or, notwithstanding anything to the contrary in that paragraph, the amount of the excess may be applied to the extent thereof in payment of instalments of principal and interest becoming payable under the new license immediately after the date of the surrender of the existing license. 22 GEO. V.] Native Purposes. [1931, No. 32. 351

26. (1) If and whenever the Crown acquires or has acquired by Authorizing Crown way of purchase or exchange any land situated in a Native township tases hl~~t~e and vested in a Maori Land Board, and such land is subject to a lease 19::No. 2:, s: 16 issued or granted under the Native Townships Act, 1910, or under any Act or portion of an Act repealed thereby, every lease thereafter issued in respect of such land, and every renewal of a lease of such land, shall be executed in duplicate by the Commissioner of Crown Lands of the district in which the land being dealt with is situated on behalf of His Majesty the King and by the lessee. (2) Every such lease after execution thereof may be registered under the Land Transfer Act, 1915, and upon registration the lease which is retained in the office of the District Land Registrar shall form a folium of the register-book in such office, and on it all dealings there­ with shall be registered. (3) Every dealing with the land comprised in such lease shall be made in accordance with the provisions of the Land Transfer Act, 1915, and shall in all respects be subject thereto. (4) Where a lease is issued in renewal of a former lease the new lease shall be deemed to be subject to all existing registered encum­ brances, liens, and interests to which the former lease is subject, and the District Land Registrar shall transfer to the register the record of all memorials and entries affecting such land so far as may be necessary to preserve existing interests.

PART IV.

EAST COAST NATIVE TRUST LANDS. 27. (1) For the purpose of administering and controlling the lands Pro~onfor referred to in the East Coast Native Trust Lands Act, 1902, and those ~~C!:~nt of described in section seven of the Native Land Amendment and Native Commissioner. Land Claims Adjustment Act, 1917, the Governor-General may from 1893, No. 4 (private) . . . t C .. h h 1] b kn h E 1902, No. 5, s. 3 - tune to tune appom a OmmISSlOner, w 0 s a e own as t east 1902, No. 56, 8.18 Coast Commissioner and shall hold office during the pleasure of the 1906, No. 51, s. 22 1907, No. 76, s. 11 Governor- Genera. 1 1917, No. 25, s. 7 (2) During his term of office the Commissioner shall be deemed to 1918, No. 13, s. 6 have vested in him all property now or hereafter vested by law in the East Coast Commissioner, subject to all trusts, encumbrances, or conditions affecting the same. (3) The Commissioner so appointed and any officer acting under him may, notwithstanding the provisions of section fifty-nine of the Public Service Act, 1912, be an officer in the Public Service, and all salaries and expenses incurred shall be a charge on the lands vested in the Commissioner, and be paid out of the proceeds thereof. (4) (a) In the case of absence or inability to act or of a vacancy in the office of the Commissioner, the Governor-General may appoint some person as the deputy of the Commissioner during his absence or inability or until a successor is appointed, and the deputy so appointed shall, while the Warrant remains unrevoked, have all the powers and functions of the Commissioner. 352 1931, No. 32.] Native Purpose.'l. [22 GEO. V.

(b) The fact of any person acting as deputy under an unrevoked Warrant shall be conclusive proof of his authority to act, and no Warrant shall be questioned on the ground that the occasion for it has not arisen or had ceased, nor shall the authority or act of the Commissioner be questioned in any proceedings on the ground that a deputy was in office at the time when that authority was exercised or that act was done. (5) The person holding office as East Coast Oommissioner at the commencement of this Act shall be deemed to have been appointed under this Act. Status of 28. The Oommissioner may enter into contracts and execute deeds Commissioner. and may sue and be sued in the name of the East Ooast Commissioner, 1907. No. 76.8. 11 but the Commissioner shall not be personally liable in damages for any act done or omitted by him in good faith or in intended pursuance of the authority of this Act. Powers of 29. The Commissioner may from time to time, and subject to the Commissioner. provisions of this Part of this Act, exercise the following powers :­ 1902. No. 5. s. 9 (a) Sell and dispose of or lease any lands or property vested in him 1907. No. 76. 8. 11 upon such terms and subject to such conditions as he thinks fit. The power of sale shall not be exercisable without the consent of the Governor-General in Council: (6) With the consent of the Native Minister acquire any land or any interest therein : (c) Raise money upon the security of the lands or other property vested in him and expend the same for the purpose of improving, subdividing, selling, or letting the same, and for the purpose of paying off any liabilities: (d) Farm lands, fell and dispose of timber, make and dedicate roads, construct bridges and drains, and generally manage and improve any lands vested in him. Mortgagee not 30. No person lending money upon the security of lands vested bound to inquire &8 in the Commissioner, or lands of which the Commissioner is the ~ propriety of mortgaging. registered proprietor, shall be concerned to inquire as to the necessity Ibid.• 8. 11 for the loan or as to the application by the Commissioner of such money, - and every such security executed by the Commissioner shall be as valid and effectual for the protection of the mortgagee and his assigns as if the Commissioner had been entitled in his own right to the lands comprised in such security. In any such security a power of sale may be granted. Priority of 31. Any memorandum or deed of mortgage given or executed mortgaglli! ~vlln by the Commissioner upon the security of the lands vested in him ~:I~;:;~~:;a,I). or. a~y part of such lands shall,. l!pon r~gistration, be ~eemed to h~ve 8.2 prIOTIty over all mortgages, securItIes, claIms, and trusts (If any) affectmg the same, except those already registered at the time of the registration of any such memorandum or deed of mortgage as aforesaid. Jurisdiction of 32. In respect of land vested in the Commissioner, the Oourt Native Land may, on the application of the Commissioner, settle the lists of the Court. Native beneficiaries of that land, may determine their relative interests, 1907. No. 'i6. 8. 11.may appomt successors to any d ecease d b enefi' Clary and trustees f or any beneficiary under disability, and generally may exercise jurisdiction with regard to such land so far as the equitable estate of the beneficiaries is concerned. 22 GEO. V.] Native Purposes. [1931, No. 32. 353

33. The Commissioner, with the approval of the Native Minister, CoIDlDissioner may may set apart any land vested in him as a Native village and may lease :n: Native adi~otments in such village upon such terms and conditions as the Court 1907, ~·o. 76, s. 11 rects. 34. All moneys received by the Commissioner from all or any of Commissioner to the estates vested in him -shall be paid into one banking account in keep o~e banking the name of the East Coast Commissioner, unless in any particular case ~:~unN:. 35 s.14 it shall appear to the Commissioner or the Court expedient to keep a ' , separate banking account for the funds of any special trust. 35. The provisions of sections five-hundred and forty-nine and five Provisions of hundred and fifty of the principal Act shall apply to every trust estate P~CiPta.la1i:,-ct t' f · h C ., dto II d h . h f agams ena Ion 0 veste d ID t e OmmISSlOner an a moneys an t e IDcome t ereo trust funds to held by the Commissioner on behalf of Natives, and no beneficiary under ap~ly. any trust shall be capable of making a charge or other disposition Ibld_. s_ 14 (except by will) of the interest of such beneficiary in such trust estate or in the rents, profits, or income thereof, or in any moneys raised upon the security thereof. 36. The Commissibner shall have full power and discretion to Commissioner may raise moneys for any purposes of the whole or any part of the trust execute mortgages . . • b~~ estates vested ID hIm and to mortgage or charge all such trust estates speciallia.bilities. together, or anyone or more of such trust estates, for the purpose of Ibid.• s. 14 securing moneys advanced or to be advanced to the Commissioner for the purposes of the general trust or for the purposes of any special trust, whether such special trust relates or not to the lands mortgaged or charged. In the Commissioner's accounts each separate trust estate shall be charged only with such part of such moneys so raised as have been or are intended to be applied for the benefit of such estate in addition to a due proportion of the general charges of administration. 37. Subject to the approval in writing of the Native Minister, the Commissioner may Commissioner may from time to time, with or without consideration, r:e:aar tht 1 alienate to His Majesty the King as a site for a school any part of the si:!. or sc 00- lands vested in him, freed and discharged from any trust in favour of 1925. No. 40. s. 25 the beneficiaries and without the necessity of procuring the consent of such beneficiaries. 38. The Court may at any time, if it thinks fit, in respect of any Commissioner may particular trust estate not comprised in any mortgage or charge ~vbeest cefi~~ lands " d f h 'db h m ne Clanes. execu~e dby t hC e OmmI~SlOner, an not urt er .reqUITe y any sc erne 1911. No. 35. s. 14 of adJustment to prOVIde moneys for the relief of any other estate, and with the consent of the Commissioner in any other case, order that such estate shall be transferred to the beneficiaries ascertained by the Court to be entitled thereto, and upon such order ta,king effect the Commissioner shall be discharged of his trust in respect of such estate; but no such order shall take effect until the Native Minister has signified in writing his approval thereof. 39. (1) Notwithstanding anything to the contrary in this Part of Beneficial owners this Act or in the principal Act contained, any beneficial owner may m~y a:na:.~ transfer any share or interest held by him in any such lands to any ~!v:;rs. ne cm other Native beneficial owner of an interest in the same lands. 1915, No. 63. s. 9 (2) Every such transfer, having endorsed thereon the written approval of the Commissioner, shall without the necessity of confir­ mation by a Maori Land Board be effectual to vest in the transferee the beneficial interest of the -transferor expressed to be thereby vested, 23 354 1931, No. 32.] Native Purposes. [22 GEO. V.

subject to the legal estate of the Commissioner, and shall be acted upon accordingly by the Commissioner. (3) The Commissioner shall not approve, except as herein recited, of any such transfer until he is satisfied- (a) That the price paid thereunder is the fair and reasonable value of the interest transferred; (b) That the purchase-money has been actually paid or secured; (c) That the transferor has sufficient lands left for his support or maintenance or is not in the opinion of the Commissioner so far as regards his support and maintenance prejudiced by the transfer. (4) The Commissioner may approve of any transfer of a beneficial interest, whether with or without consideration, if he is satisfied that it is in the interests of the transferor or his family that such transfer should be approved. (5) A beneficial owner may, with the consent of the Native Minister, alienate to the Commissioner all or any part of his interest in the trust lands. In such case the transfer shall, without the necessity of confir­ mation by the Maori Land Board, pass the interest to the Comrrnssioner to be held in trust for the remaining owners of the land affected in siInilar shares to which they theretofore were beneficially entitled. Annual 40. (1) The Commissioner shall cause to be made up to the balance-sheet to be pJ:epared. thirtieth day of June in each year a balance-sheet and statement of 1902, No. 5, s. 13 accounts setting forth all receipts and payments and income and 1928, No. 49, s. 42 expenditure of the Commissioner, and specifying all properties sold, leased, or otherwise dealt with, as well as a report of the transactions of the Commissioner. (2) Such balance - sheet and statement shall be laid before Parliament as early as possible after the commencement of the session, and shall stand referred to the Native Affairs Committee of the House of Representatives. Accounts to be 41. (1) The Commissioner shall, once in each year, submit to subject to control of Court. the Court accounts setting forth all moneys received and expended 1911, No. 35, s. 14 by him and the manner in which he has credited or debited or 1927, No. 67, s. 49 proposes to credit or debit each trust estate in respect thereof, and shall also supply copies thereof to such representative beneficiaries as the Court may direct.. The Court shall, after giving the beneficiaries an opportunity to be heard if they desire to do so, consider such accounts, and may either confirm such accounts or require alterations to be made therein. Upon such confirmation the accounts, with such alterations as may have been made therein, shall become binding upon and finally and conclusively determine and ascertain the rights of all parties interested in the matter of such accounts. The Court or the Native Minister may, if either think fit, require a special audit of any such accounts before the final confirmation. The general expenses of the administration of the trust shall be distributed over the several trust estates as the Comlnissioner determines, subject to confirmation by the Court. (2) Notwithstanding that the Court may have confirmed the said accounts, it may, in its discretion, for good cause reopen and review and readjust as between the beneficiaries or groups of beneficiaries the accounts theretofore confirmed. 22 GEO. V.] Native Purposes. [1931, No. 32. 355

(3) The Court may, in its discretion, direct the Commissioner to write off and discharge in respect of the accounts of the properties under his control any sums charged or paid for simple or compound interest, or any part thereof, or any other amount which the Court is satisfied should be written off; or to alter, amend, or adjust such accounts which, in the opinion of the Court, should be so dealt with. (4) The Court may, for the purpose of adjusting the accounts between the respective groups of beneficiaries, direct the Commissioner to write off and discharge any liability against any land comprised in the estate which, in the opinion of the Court, should be so written off or discharged. 42. (1) If the Court is satisfied that it is in the interests of the Court may give · b d . I h C .. leave to sell certam t rus t es t a t e so to d0, It may y or er give eave to t e ommISSlOner lands of trust to sell at the best price obtainable any land forming part of the estate estate. which may be non-revenue producing and unlikely to be a profitable 1927. No. 67, s. 49 source of income to the trust estate. (2) Notwithstanding the provision of this section, the Commissioner shall not proceed to sell, except to the Crown, any of the lands vested in him as such Commissioner, without first obtaining the approval in writing of the Native Minister to the sale of such land. (3) Nothing in Part XIX of the principal Act shall prevent the Crown from acquiring from the Commissioner any land subject to an order for leave to sell under this section, and the consideration for any sale and purchase may be at such price as the Commissioner and the Native Land Purchase Board agree upon. 43. The Commissioner shall be deemed to have full power and Commissioner protected whilst anth orI 't y t 0 ac t'm accor d ance Wit . h every or d er 0 f t h e Court ma d e acting under under this Part of this Act, and the Commissioner in so acting shall Court order. be deemed to have discharged his duty as a trustee, except in the Ibid., s. 49 case of fraud or wilful concealment or misrepresentation by the Commissioner in obtaining such order. 44. The Commissioner may, out of the accumulated funds or out Com~issioner may of any moneys wh.atsoever due ~r payable to. the ben~ficial owners of ;~~;f~~i~~e to any land vested m and admimstered by hIm, retam and pay for educ!l'tional, or patriotic or educational or charitable purposes such amount and to chantable purposes. such fund or such person or body as the Commissioner shall deem fit. 1919. No. 43. s. 8 Before any amount is so paid, the approval of the Native Minister to the proposed payment shall be obtained. 45. The Mangatu No. 1 Empowering Act, 1893, the East Coast Repeals. Native Trust Lands Act, 1902, and the East Coast Native Trust Lands Amendmen(Act, 1912, are hereby repealed.

PART V.

ADMINISTRATIVE BOARDS AND BODIES. Maori Purposes Fund. 46. For the purpose of administering the account established by Provi.sions affecting section three of the Native Land Amendment and Native Land Claims ::~l g::fr~~es Adjustment Act, 1924, called the Maori Purposes Fund, there shall Board. continue to be a Board called the Maori Purposes Fund Control Board 1924, No. 45, s. 3 23* 356 1931, No. 32.] N atit'e Purposes. [22 GEO. V. (hereinafter referred to as the Control Board). The said Control Board shall be a corporate body with perpetual succession and a common seal. The Governor-General may make regulations for the constitution of the said Control Board and the conduct of its business, for the adminis­ tration of the said account, for the purposes for which the moneys in it or the income arising therefrom are to be used or expended, and generally for such other purposes as may be necessary to give effect to this section. M ami Ethnological Research. Provisions affecting 47. (1) (a) For the purpose of administering the fund called the Moori Ethnological Resea.rch Board. Maori Ethnological Research Fund (hereinafter referred to as the said 1923, No. 32. s. 9 fund) established by section nine of the Native Land Amendment and Native Land Claims Adjustment Act, 1923, there shall continue to be a Board to be called the Board of Maori Ethnological Research (hereinafter referred to as the said Board). (b) The said Board shall be a corporate body with perpetual succession and a common seal. The Governor-General may make regu­ lations for the constitution of the said Board and the conduct of its business, and for the administration of the said fund, and general1y for such other purposes as may be necessary to give effect to this section. (c) The regulations may authorize the payment by the said Board of subsidies or assistance to any publication, society, or person which in the opinion of the Board will tend to assist and promote the purposes of this section. (2) Any Maori Land Board, local authority, corporate body, company, trustee, or person may contribute to the said fund for the purpose of furthering the objects thereof; and any payment, gift, or donation shall be deemed t.o be a payment which might be legally made, anything in any Act to the contrary notwithstanding. Any sum or article donated or bequeathed shall not be liable to payment of any stamp, succession, or other duty. All sums of money received by the said Board shall be paid to the said fund. All articles received by the said Board shall be disposed of as the regulations provide, or as the Board determines if there should be no regulation governing the matter. (3) The purposes of the said fund shall be the promotion of the study and investigation of the arts, language, customs, history, and traditions of the Maori and cognate races of the South Pacific Ocean, the collection of records pertaining to any of the said races, and the publication or preservation in any way of any matter or thing in connec­ tion therewith that the said Board may deem necessary or desirable. If a question arises whether any such matter or thing, is within the scope of this section the same shall be determined by the Native Minister. (4) As a part of the said fund the Native Minister may, from time to time as he thinks fit, requisition the Native Trustee to payout of the Native Trustee's Account to the said fund any sum or sums that' he may think fit, not exceeding the sum of two hundred and fifty pounds in anyone year, and the Native Trustee is authorized to pay the sum so requisitioned accordingly. 22 GEO. V.] Native Purposes. [1931, No. 32. 357

M ami Arts and Crafts. 48. (1) There shaH continue to be a Board called the Maori Provi.sions affecting Arts and Crafts Board (hereinafter referred to as the said Board), whose ~d~ Arts and duty shall be to foster and encourage the study and practice of Maori 1926, ~o. 48 arts and crafts. (2) The said Board shall be a body corporate with perpetual succession and a common seal. The Governor-General may by Order in Council make regulations with respect to the constitution of the said Board and the conduct of its business, for the administration of its funds, and generally for such other purpose as may be necessary to give effect to this section. (3) (a) In furtherance of its objects the Board may establish one or more schools of Maori art or other institutions for the study and practice of the arts and crafts as known to and practised by the Maori people, and for that purpose may acquire land and buildings. (b) The Board shall manage and control any school or other institu­ tion established by it, and may appoint and discharge instructors, teachers, and other officers or servants, provide equipment and material for such school, fix fees to be paid for instruction, and generally make rules for the conduct and management of any school or other institution. (4) The Board may make payments to any school or class formed for the purpose of giving instruction in or encouraging the practice of Maori arts and crafts; and may purchase, acquire, or vend any carvings or other articles having distinctive Maori characteristics; acquire books or publications connected with Maori arts and crafts; print or reprint any reference to Maori traditions, life, or work considered worthy of permanent record; and, generally, may take such other steps as the Board may consider necessary or expedient for the purpose of giving effect to the provisions of this section or of any regulation thereunder. (5) The Board is empowered to accept and undertake the custody and control of any Maori antiquities as defined by the Maori Antiquities Act, 1908, which may be the property of or in the possession of the Crown or may be entrusted to its custody by any Court or person. (6) For the purpose of enabling the Board to carry out its objects­ (a) There shall be paid into the account of the Board such sum as may from time to time be appropriated by Parliament for the purpose : (b) The Maori Purposes Fund Control Board, the Arawa District Trust Board, the Tuwharetoa Trust. Board, and the Taranaki Maori Trust Board are authorized to payout of their respective accounts into the account of the said Board such sums as they shall think expedient : (c) All money paid into the account of the Board may be expended for such purpose (not being inconsistent with the provisions of this section) as the Board shall from time to time direct. (7) The Maori Arts and Crafts Act, 1926, is hereby repealed. Repeal. Confiscated Lands. 49. Whereas by Warrant under the hand of the Governor-General Authorizing . of dated the eighteenth day of October , nineteen hundred and twenty- gnevancesse~tlement regardingNat~ve six, a Commission of Inquiry was appointed to inquire into and confiscated land. 1928, No. 49, s. 20 358 1931, No. 32.] Native Purposes. [22 GEO. V.

report upon various Native grievances and complaints regarding the 'confiscation of Native lands: And whereas the Commission so appointed has made its report to the Governor-General: And whereas it is desirable to remedy in so far as may be practicable the grievances complained of in the manner recommended by the Commission, or with such modification, variation, or addition thereto as may appear just or expedient: Be it therefore enacted as follows:- (1) All or any of the recommendations of the Commission of Inquiry appointed under the said Warrant of the eighteenth day of October, nineteen hundred and twenty.:six, may be given effect to either according to the terms of the Commission's recommendations or in accordance with any modified, varied, or extended terms that may be deemed just or expedient: Provided nevertheless that where the recommendation of the Commission requires the payment of any sum of money, whether periodically or otherwise, no payment shall be made unless and until the amount to be paid has been appropriated by Parliament for the purpose. (2) A certificate under the hand of the Native Minister that the particular grievance has been settled in the manner set out in such certificate shall be accepted as conclusive evidence that the matter has been so settled, and no action shall be maintainable by any person against the Crown for any matter covered by or arising out of the grievance so settled: Provided that the Native Minister may from time to time amend such certificate where he is satisfied that some mistake, error, or omission has arisen therein. (3) (a) Upon the recommendation of the Native Minister the Governor-General may by Order in Council constitute one or more Boards of Management under such designation or description as he shall think fit for the purposes of this section. Each Board so constituted shall be a body corporate with perpetual succession and a common seaL The number of its members shall be determined and the members thereof appointed by the Governor-General in Council; and the Governor-General may by Order in Council make regulations with respect to the term of office, the qualification for membership, the mode of filling vacancies on the Board, the administration of the funds of the Board, the payment of administration expenses, and the keeping and auditing of accounts, and generally for such other purposes as may be necessary to give effect to this section. (b) Each Board constituted under this section shall administer all funds held by it for such general purposes as are set out in the Order in Council constituting such Board or in any other Order in Council varying the purpose which may be made from time to time, and subject to such general purposes it shall be within the powers of the Board to finally determine what may be a proper object for which a payment may be made out of the funds. (c) With the precedent consent of the Native Minister a Board constituted under this section may from time to time, on the security of a mortgage of or charge on any land vested in it or upon the security of a charge upon any moneys to be paid to it by the Crown, borrow money from a State Loan Department or from any other person or body corporate or by way of overdraft from any bank for the purposes for which the Board is constituted or any of them, and including the 22 GEO. V.] Native Purposes. [1931, No. 32. 359 payment of any debts or liabilities properly incurred in that behalf and the improvement and maintenance of any lands or buildings under the control of such Board. (d) A Board constituted under this section may buy and sell property; may erect, maintain, and improve buildings; may farm or otherwise administer lands owned by it; may lend money to Natives and others; may deposit money with any State Loan Department; may act as guarantor for Natives or their descendants; and generally may do all acts and things that a corporate body may do. (4) The preliminary expenses of setting up any Board, the expenses of its members, their travelling-allowances, the cost of office requisites, and all other incidental expenses may be paid out of any moneys appro­ priated by Parliament for the purposes, and shall be recouped out of any money that may thereafter be payable to that Board. (5) The Taranaki Maori Trust Board shall be deemed to be a Board of Management constituted under this section, and the provisions hereof shall apply accorrungly. Rewi Maniapoto Memorial Trust. 50. (1) For the purpose of administering and managing the land Vesting Lot 112, hereinafter mentioned there shall be constituted a corporate body with Kihikihtei, inb ad f . d I h' h d corpora 0 y or perpetuaI succeSSIOn an a common sea avmg t e same powers an special purposes. functions as a body corporate constituted under Part XVII of the 1929, No. 19,8.53 principal Act, to be called the Rewi Maniapoto Memorial Committee, and in respect of which the following provisions shall apply ;- (a) The Court shall, by order, appoint a committee of management consisting of not less than five and not more than seven members as the Court may determine, being persons of the Ngati-Maniapoto Tribe, and all the powers and functions of the body corporate hereby constituted shall be exercised on its behalf by a majority of the members for the time being in office of a committee of management so appointed, and no act of the committee of management shall be questioned or invalidated on the ground of any vacancy in the membership thereof. (b) The Court may at any time, whether on application made or on its own motion and for any reason which it thinks sufficient, remove from office any member of the committee of management. (0) If any member of the committee of management dies, or resigns, or is removed from office the Court may appoint another person in his place. (d) All the provisions of Part XVII of the principal Act as to the execution of instruments by a committee of management, and as to the confirmation and effect of instruments executed by the members of a committee of management, shall apply to instruments executed by the committee of management appointed under this section. (e) The Court may from time to time, by order, make by-laws (consistent with this section) prescribing the practice and procedure of the committee of management. Subject to this section and any by-laws so made, the committee may regulate its own proceedings. 360 1931, No. 32.] Native Purposes. [22 GEO. V.

(2) The land known as Lot 112 of the Town of Kihikihi, being the land referred to and described in section fifteen of the Native Land Claims Adjustment Act, 1911, is hereby vested in the corporate body known as the Rewi Maniapoto Memorial Committee, and the District Land Registrar is hereby directed to issue a certificate of title under the Land Transfer Act, 1915, for the said land in the name of the said corporate body. (3) The corporate body shall hold the said land in trust primarily for the purpose of protecting, improving, maintaining and repairing, and replacing, if necessary, the memorial erected thereon to the memory of Rewi Maniapoto (deceased), and for such other purpose for the benefit of the said Ngati-Maniapoto Tribe as the Court shall from time to time determine. (4) Any committee of management already appointed shall be deemed to have been appointed under this Act. Arawa District Trust Board. Provisions affecting 51. (1) There shall be paid out of the Consolidated Fund to the Arawa District Trust Board. Board hereinafter mentioned, without further appropriation than this 1922, No. 48, s. 27 Act, the annual sum of six thousand pounds payable on the first day 1923, No. 32, s. 13 of April in each year. 1924, No. 45, ss. 15, 16 (2) For the purpose of this section there shall continue to be a Board called the Arawa District Trust Board, and in respect thereof the following provisions shall apply :- (a) The Board shall be a body corporate withlperpetual succes­ sion and a common seal. The number" of its members shall be determined and the members thereof appointed by the Governor-General in Council, and the Governor­ General may by Order in Council make regulations with respect to the term of office, the qualifications for membership, the mode of filling vacancies on the Board, the administration of the funds of the Board, the payment of administration expenses, and the keeping and auditing of accounts, and generally for such other purposes as may be necessary to give effect to this section. (b) The Board shall administer all funds held by it for the general benefit of the members of the Arawa Tribe or their descendants, and may provide moneys for specific purposes for the benefit of the members of any particular section of that tribe. Subject to the foregoing provisions of this section, it shall be within the power of the Board to finally determine what may be a proper object for which payment may be made out of its funds. (0) With the precedent consent of the Native Minister, the Board may from time to time, on the security of a mortgage of or charge upon any land vested in it, or upon the security of or a charge upon any moneys to be paid to it under this section, borrow money from a State Loan Department, or from any other person or body corporate, for the purposes or any of the purposes for which the Board is constituted, including the payment of any debts and liabilities properly incurred in that 22 GEO. V.] Native Purposes. [1931, No. 32. 361 behalf, and the improvement and maintenance of any lands or buildings under the control of the Board. (d) With the precedent consent of the Native Minister, the Board may from time to time, whether by way of bond or otherwise, charge all or any of its revenues and income with the payment of any sum due by it or for the purpose of acquiring any property, whether real or personal, under the powers vested in it in that behalf. (e) The Board shall have power to purchase or sell land (whether Crown, European, or Native land); to raise money upon mortgage of any land vested in it; to subdivide and let lands for Maori settlement; to farm any lands owned by it; to lend money to Natives; and to act as guarantors to any State Loan Department or any person or body corporate for the repayment of principal or interest by any Native to whom advances have been made. (j) In addition to advancing money the Board may pay money to any State Loan Department for the purpose of making advances to Natives. (g) Any Native or Natives, whether incorporated or otherwise, owning land (whether European or Native) may transfer the same or any definite part thereof by way of trust to the Board upon such terms as to selling, leasing, cutting up, managing, improving, or raising money upon the same as may be set forth in an instrument in writing between the parties thereto, and the Board is authorized and empowered to accept such trust. (h) Notwithstanding anything in the principal Act to the contrary, a mortgage from a Native to the Board shall not require confirmation, but shall be as valid and effectual as if a certificate of confirmation had been granted. (i) The lands of the Board may be included in the preparation or carrying into effect of any scheme for the consolidation of Native interests. 52. (1) Notwithstanding any rule of law or equity to the contrary, Authorizing 10&Jl8 the Board may from time to time advance money upon mortgage to ~Axa.;a. ~trict a member of the Board on the security of Native freehold land, and memte~~r to a member of the Board may accept an advance so made by the Board. 1927, No. 67, 8. 58· (2) Notwithstanding the provisions of paragraph (h) of the last preceding section, all the provisions of the principal Act as to con­ firmation and its effect, save and except the provisions of section two hundred and ninety-six of that Act, shall apply and extend to any mortgage to which this section applies. (3) It shall be the duty of a Maori Land Board before granting a certificate of confirmation of any instrument of alienation by way of mortgage executed under this section to satisfy itself that the amount of the advance does not exceed three-fifths of the value of the property proposed to be mortgaged, and that in making the advance the Arawa District Trust Board is acting upon a report as to the value of such property made by a competent valuer instructed and employed independently of the owner of the property to be mortgaged, and that the advance is being made upon the advice of such valuer expressed in such report. 362 1931, No. 32.] Native Purposes. [22 GEO. V. ----_._----_._------(4) No member of the Board shall be personally liable in damages for any act done or omitted by the Board or by any member thereof in good faith and in pursuance or intended pursuance of the authority of this section, and a member shall, so far as regards his personal responsibility, be deemed to have discharged his duty as a trustee in the matter of the application for an advance made under this section. (5) No member of the Board shall take part in any proceedings or vote on any resolution of the Board concerning an application for an advance in which he shall have a personal interest, nor shall a member who has applied for an advance as aforesaid attempt to influence any other member to vote in favour of the Board making such advance, and any breach of this section shall be deemed to be an offence punishable upon summary conviction by a penalty not exceeding fifty pounds. . Authorizing Arawa 53. (1) In addition to any other powers the Board may have, District Trust ,Board and sub]' ect as herein mentioned all powers rights duties and functions to act as Maon " , , Council. of the Te Arawa Maori Council and of a Maori Council under the 1925, No. 40, 8.17 Maori Councils Act, 1900, shall continue to be exercised by the said Board as fully and effectually as if it were the Council constituted under the Maori Councils Act, 1900, for the Te Arawa Maori Council District, and the Maori Councils Act, 1900, shall be read and construed accordingly. (2) All rates, fines, fees, and other moneys collected by the sa; Board rtnder the provisions of the Maori Councils Act, 1900, shall al> and when received be paid into the bank account of the said Board and be dealt with in accordance with the regulations governing the Board. Any such moneys shall, after payment of the necessary expenses, be applied to or set apart for sanitary works or such other purpose as the Native Minister may from time to time approve. (3) The provisions of sections eight to fourteen inclusive and sections twenty-six to twenty-eight inclusive of the Maori Councils Act, 1900, shall not apply to the said Board. (4) No power which the Board is authorized to exercise under any other Act shall be in any way limited or otherwise affected by any of the provisions of the Maori Councils Act, 1900. Tuwharetoa Trust Board. Payment of annual 54. (1) There shall be paid out of the Consolidated Fund to the sum to Tuwharetoa Trust Board Tuwharetoa Trust Board, without further appropriation than this authorized. Act, the annual sum of three thousand pounds, to be due and payable 1926, No. 64, s. 15 on the first day of AprU in each year. (2) There shall be paid to the said Board from time to time one-half of all fees over and above the sum of three thousand pounds received for licenses issued during the preceding financial year for fishing or in respect of boats or vessels, and also of the revenue received for camp-sites located upon the rights-of-way created· under section fourteen of the Native Land Amendment and Native Land Claims Adjustment Act, 1926, together with one-half of all fines and penalties recovered for breaches or infringements of the Fisheries Act, 1908, or of the Harbours Act, 1923, or of section fourteen of the Native Land Amendment and Native Land Claims Adjustment Act, 1926, or the respective regulations thereunder, for offences committed within the district constituted by that section. 22 GEO. V.] Native Purposes. [1931, No. 32. 363

55. For the purpose of administering the funds referred to in the Tuwharetoa Trust last preceding section there shall continue to be a Board called the Board constituted. Tuwharetoa Trust Board, and in respect thereof the following provisions 1926, No. 64, s. 16 shall apply :- (0;) The Board shall be a corporate body with perpetual succession and a common seal. The number of its members shall be determined and the members thereof appointed by the Governor-General in Council. (b) The Board shall administer all funds held by it for the general benefit of the members of the Tuwharetoa Tribe or their descendants. and may provide moneys for a specific purpose for the benefit of the members of any particular section of that tribe. It shall be within the power of the Board to determine what may be a proper object for which payment may be made out of its funds. (c) The Board may purchase lands (whether Crown, European, or Native land) or may sell any land vested in it; may raise money upon land vested in it; may borrow money upon personal securities or by way of overdraft from a bank, person, or corporate body; may subdivide and let lands for Maori settlement; may erect, maintain, and improve buildings; may farm lands owned by it; may lend money to Natives and others; may deposit money with a Maori Land Board or with the Native Trustee; may act as guarantor for any Native; and generally may do all that a corporate body may do. (d) Any Native owning land may transfer that land or any part thereof to the said Board upon such terms as to selling, leasing, cutting up, managing, improving, or raising money thereon as may be set forth in an instrument in writing creating or evidencing such trust, and the Board is authorized and empowered to accept such trust. (e) No mortgage from any Native to the said Board shall require confirmation under Part XIII of the principal Act, but such mortgage shall be of full force and effect without confirmation, and may be registered accordingly. (j) With the precedent consent of the Native Minister the Board may from time to time, by way of bond or otherwise, charge all or any of the revenue or income of the moneys to become payable to it under the provisions of the last preceding section with the payment of any debt due or to become que by the Board. (g) The Governor-General may by Order in Council make, vary, or revoke regulations with respect to the term of office, the qualifications for membership, the mode of creating and filling vacancies on the Board, the payment of adminis­ tration expenses, the keeping and auditing of accounts, and generally for such other purposes as may be necessary to give effect to this section. 56. (1) Notwithstanding any rule of law or equity to the contrary, tu~~ing loans the 'fuwharetoa Trust Board may from time to time advance money ~t io::~: upon mortgage to a member of the said Board on the security of Native members. 1927, No. 67, 8. 41 364 1931, No. 32.] Native Purposes. [22 GEO. V. freehold land, and a member of the said Board may accept an advance so made by the Board. (2) The provisions of paragraph (e) of the last preceding section. shall not apply to any such mortgage. (3) All the provisions of the principal Act as to confirmation and its effect, save and except the provisions of section two hundred and ninety-six of that Act, shall apply and extend to any mortgage to which this section applies. (4) It shall be the duty of a Maori Land Board, before granting a certificate of confirmation of any instrument of alienation by way of mortgage executed under this section, to satisfy itself that the amount of the advance does not exceed three-fifths of the value of the property proposed to be mortgaged, and that in making the advance the Tuwharetoa Trust Board is acting upon a report as to the value of such property made by a competent valuer instructed and employed independently of the owner of the property to be mortgaged, and that the advance is being made upon the advice of such valuer expressed in such report. (5) No member of the Tuwharetoa Trust Board shall be personally liable in damages for any act done or omitted by that Board, or by any member thereof, in good faith and in pursuance or intended pursuance of the authority of this section, and a member shall, so far as regards his personal responsibility, be deemed to have discharged his duty as a trustee in the matter of the application for an advance made under this section. (6) No member of the said Board shall take part in any proceedings or vote on any resolution of the Board concerning an application for an advance in which he shall have a personal interest; nor shall a member who has applied for an advance as aforesaid attempt to influence any other member to vote in favour of the said Board making such advance; and any breach of this section shall be deemed to be an offence punishable upon summary conviction by a penalty not exceeding fifty pounds.

Ringatu Ohurch Trust. Wainui 57. With regard to the land known as Wainui or Section 313, or Section 313, Parish of Parish of Waimana, in the Bay of Plenty, containing six hundred acres Waimana, to be or thereabouts, vested in trustees in trust for the Ringatu Church administered by trustees for the pursuant to section thirty-one of the Native Land Amendment and Ringatu Church. Native Land Claims Adjustment Act, 1921-22, the following provisions 1921-22, No. 62, shall apply:- 8.31 (a) The Court may at any time, whether on application made or on its own motion, and for any reason which it thinks sufficient, remove any trustee from office. (b) If any trustee dies, or resigns, or is removed from office, the Court may appoint any other person in his place. (c) The trustees shall, in respect of the said land, have and exercise all the powers of a committee of management under Part XVII of the principal Act, and the trust property shall vest in the trustees for the time being with­ out any transfer or assurance. 22 GEO. V.] N alive Purposes. [1931, No. 32.

Rotorua Township Reserves. 58. (1) The undermentioned lands vested in the Waiariki District Adminis~ration of Maori Land Board shall be held by it in trust for the persons for the Th~:v!~:ua time being beneficially entitled thereto in accordance with their respective in W~iariki interests, and shall be administered bv the Board in accordance with Maon Land Board. . . f thi t" 1924, No. 45, B. 32 the prOVISIOnS 0 s sec IOn. 1929, No. 19, B. 33 (2) (a) At the request of the Board the District Land Registrar shall issue to the Board one or more certificates of title in respect of the said lands .. (b) Any such certificate of t.itle hereafter issued shall have written thereon a memorial that the land therein contained is subject to the provisions of this section of this Act. (c) On the issue of such certificate of title the District I.Jand Registrar shall transfer to that certificate all entries or memorials of any lease or other encumbrance affecting the title of the Board. (3) In respect of the said lands the Board shall be a leasing authority within the meaning of the Public Bodies' Leases Act, 1908, and may exercise all the powers conferred upon a .leasing authority by that Act. (4) The Board instead of leasing in accordance with the preceding subsection may, if it thinks fit, grant to any Native a lease thereof in accordance with the provisions of Part XVI of the principal Act (relating to Native lands for Native settlement); and all the provisions of that Part of the principal Act shall so far as applicable and with all necessary modifications extend and apply to any such lease accordingly. (5) The Board may, with the consent of the Governor-General in Council, sell or exchange any of the said lands, and may purchase land in lieu of such as is sold. Any land so exchanged or purchased shall be held upon the same trusts as the area sold or exchanged was subject. (6) (a) The Board may permit Natives, whether beneficially interested or not, to occupy and use any of the said lands, or may hand over the control or management of any of the said lands to a committee of management, but such committee of mana.gement shall have no power of alienation. (b) A committee of management shall consist of such persons as may be appointed by order of the Court, and the Court is hereby authorized to appoint from time to time one or more of such committees of management. (c) The Court may at any time, whether on application mane or on its own motion and for any reason which it may think sufficient, remove from office any member of the committee of management. (d) If any member of a committee of management dies or resigns or is removed from office the Court may appoint any other person in his place. (e) The Board may make by-laws for the guidance and direction of a committee of management in the conduct of its business or in the control of any of the said lands. (7) The Court is hereby empowered, on the application of the said Board, to ascertain and determine who are the persons benefi­ cially entitled to the said lands or any of them, and to define the relative shares or interests in which they are so entitled. If the 366 1931, No. 32.] Native Purposes. [22 GEO. V.

Court thinks it necessary or expedient, it may allocate the benefits of the said lands among sections of the beneficiaries. (8) In ascertaining the names of the beneficial owners, and in defining the relative interests of such owners, the Court shall not, as regards the lands described in item two of the First Schedule of the Native Land Amendment and Native Land Claims Adjustment Act, 1924, be bOlmd by the statement or allegation that the said lands were reserved for three tribes, nor by any former order of the Court or of the Native Appellate Court made subsequently to the order upon investi­ gation of title of the Pukeroa-Oruawhata Block, but may determine the matter upon the merits, and as if the said lands were reserved for the Native vendors of the said Pukeroa-Oruawhata Block upon the sale of that block to the Crown, and as far as practicable as if the said lands were still Native land. (9) The Court shall have power to admit as a beneficiary any person whose name was inadvertently omitted from the title of the Pukeroa-Oruawhata Block and who in the opinion of the Court should be included as a beneficial owner in the said lands, and to exclude any person, although named in the title of the said Pukeroa-Oruawhata Block, who it is of opinion ought justly to be excluded from the beneficial ownership of the said lands. (10) Any existing order heretofore made by the Court determining the beneficiaries of the said lands or any of them shall be deemed to have been made with jurisdiction, and may be acted upon accordingly. (11) All revenues heretofore received by the Crown in respect of the said lands (subject to deduction for all just claims and charges) shall be paid to the Board. (12) All revenues received by the Board in respect of such lands shall from time to time be applied by the Board- (a) In defraying the cost of administration by the Board, the cost being apportioned according to the expense properly incurred in respect of each separate area or trust: (b) In paying all rates, taxes, and other assessments and out­ goings payable by the Board in respect of the land: (c) In discharge of any mortgage or charge to which the land is subject, or in payment of any advances or interest thereon, or in setting apart sinking funds in connection with im­ provements made by lessees: (d) With the consent of the Native Minister, for any other purpose in connection with the administration, improvement, or settlement of the land from which those revenues are derived, or for any purpose of general utility to the bene­ ficiaries thereof: (e) For any other purpose recommended by a committee of management which the Board in its discretion shall approve: (j) In paying, at such time, in such amounts, and in such manner as the Board shall think fit, the residue of those revenues to the beneficial owners or other persons having any interest in the land in accordance with their respective interestS. 22 GEO. V.] Native Purposes. [1931, No. 32. 367

(13) The said lands shall be deemed to be Native freehold lands within the meaning of the principal Act, and all the provisions of the latter Act shall apply to the said lands accordingly. (14) The lands to which this section refers are the parcels or sections of land described in the First Schedule to the Native Land Amendment and Native Land Claims Adjustment Act, 1924.

Whakarua Park. 59. (1) The Board of Trustees incorporated by the Court under Providing for the the provisions of section forty-one of the Native Land Amendment ~=:::t;a~~f and Native Land Claims Adjustment Act, 1928, under the name of the 1928, No. 49, s. ~l Whakarua Park Board (hereinafter referred to as the Board) shall be a body corporate and shall have perpetual succession and a common seal, and may acquire and hold real and personal property of whatsoever nature, sue and be sued in all proceedings criminal or civil, and do and suffer all that corporate bodies may do and suffer. (2) All property, real or personal, held by the Board shall be deemed to be vested in the Board upon and subject to all trusts, powers, and equities affecting the same. (3) (a) The Board shall have the same power of alienating land vested in it as is conferred upon a Native owning Native land in severalty. (b) Every such alienation shall require confirmation by a Maori Land Board in the same cases and in the same manner as if it was an alienation by a Native owning land in severalty. (c) Every instrument of alienation shall be under the seal of the Board, attested by not less than three of the trustees for the time being constituting the Board. (d) So far as regards any Native signing any such instrument of alienation, the provisions of section two hundred and sixty-eight of the principal Act (relating to the formalities of execution) shall extend and apply to the execution of that instrument in the same manner as if it was an instrument of alienation of Native land by that Native. (4) (a) The Court may from time to time, on the application of any person claiming to be interested, by order appoint a new trustee or trustees, either in substitution for or in addition to any existing trustees, and whether there is any existing trustee or not at the time of the making of the order. (b) All the powers and functions of the Board shall be exercised on its behalf by a majority of the trustees for the time being. (c) A contract made by the trustees on behalf of the Board, other than an alienation of land, need not be under seal, but may be made in the same manner as the like contract made between individuals. (d) All acts or deeds done or made by any person acting bona fide as such trustee shall be valid notwithstanding any defect that may afterwards be found in his appointment, and the signature of any person purporting to act as such trustee shall be prima facie evidence of his being such trustee. (5) All land vested in the Board shall be held upon such trusts as the Court shall from time to time by order determine. (6) All land vested in the Board shall when so vested be and be deemed to be Native land within the meaning of the principal Act. 368 1931, No. 32.] Native Purposes. [22 GEO. V.

(7) All land vested in the Board shall be exempt from the provisions of the Rating Act, 1925, and shall not be liable to be rated thereunder. Hinerupe Trust (Te .A.raroa). Court may vest 60. (1) The Court is hereby authorized and empowered, upon the pa.rt of Te Araroa Na.tive TOWll8hip application of any person claiming to be interested if the Court is in trustees. satisfied that the owners consent thereto, to make an order vesting the 1927, No. 67,8. 45 lands known as Tapuaeteao Dl, Tapuaeteao D2, Tapuaeteao D3, Tapuaeteao D4, and Tapuaeteao E2, forming part of the Te Araroa Native Township, situate in the Tairawhiti Native Land Court District, or any of them, and herein referred to as the said land, in such persons as the Court shall decide, not exceeding seven in number, to be called the Hinerupe Trustees (hereinafter referred to as the said trustees), upon trust for the use, benefit, and occupation of members of the Whanau-a-Tuwhakairiora Tribe. (2) Upon the making of an order as aforesaid, so much of the said land as is comprised therein shall cease to be a part of the Te Araroa Native Township, and shall be freed and discharged from all right, title, and interest of the Tairawhiti District Maori Land Board or of the present beneficial owners of the said land. (3) Every person having any estate or interest in the said land, and who is deprived thereof or is injuriously affected by the making of an order as aforesaid, shall be entitled to compensation, provided a claim is made therefor either at the time of the making of the said order or within one month after the making thereof. (4) The Court shall have full power, authority, and jurisdiction to ascertain and determine what amount of compensation should be paid in respect of the matters mentioned in subsection three hereof, and the person entitled to be paid such compensation, and to make an order or orders awarding the compensation to the persons entitled thereto. Any sums so awarded for compensation shall be paid by the said Maori Land Board out of the funds held by the said Board on behalf of the beneficiaries of Te Araroa Native Township in the manner and to the persons directed by the Court. (5) (a) The Court may from time to time, by order, appoint a new trustee or new trustees, either in substitution for or in addition to any existing trustees, and whether there is any existing trustee or not at the time of the making of the order. (b) Any person so appointed shall have the same powers as if appointed by the original order. (c) The Court may at any time make an order cancelling or varying an order appointing a trustee. (d) The powers of the trustees may be exercised by the majority of the continuing or surviving trustees for the time being: Provided such powers shall not be exercisable if and whenever less than three trustees remain to perform the trust.

Wi Pere Trust. Wi Pere Trust 61. Whereas by deed dated the fourteenth day of April, eighteen Lands Management. hundred and ninety-nine, made between Wi Pere, Arapera Pere, Hetekia 1907, No. 76, s. 47 Pere, Moanaroa Pere, Riria Mauaranui, and Riripeti Rangikohera 22 GEO. V.] Native Purposes. [1931, No. 32. 369 (herein referred to as the beneficiaries) of the one part, and WaIter George Foster of the other part, certain real and personal property in the Poverty Bay district was transferred to the said WaIter George Foster upon certain trusts declared in the said deed: And whereas pursuant to the provisions of section forty-seven of the Maori Land Claims Adjustment and Laws Amendment Act, 1907, certain fresh trusts have been declared and new trustees have been appointed, and it is desirable to make provision for the future administration of the estate: Be it therefore enacted as follows :- (1) The Governor-General may by Order in Council, and from time to time, declare fresh tlustS in respect of the residue of the real and personal estate now remaining subject to the trust. (2) The Governor-General may by Order in Council remove any trustee from office, and may appoint a new trustee in place of any trustee who has been removed, or who has died or become incapable of acting, or desires to resign his office of trustee. Any person so appointed shall have the same rights and powers as he would have if appointed by decree of the Supreme Court in an action duly instituted, and the trust property shall vest in the trustees for the time being, and they may be registered as proprietors under the Land Transfer Act, 1915, accordingly, without any conveyance, transfer, assignment, or assurance. . (3) This section is in substitution for section forty-seven of the Repeal. Maori Land Claims Adjustment and Laws Amendment Act, 1907, which is hereby repealed. Kaiti Maori Pa. 62. Whereas the land known as Kaiti Blocks numbered 35, 36, 37, Provisi~n for controlling trust 38, and 39, sItuate. III . t h e B oroug h 0 f G·IS b orne (h·erema fter re f erre d fund arising out of to as the said land), was by virtue of section fifty-one of the Native Sec~i.ons 35 to 39,_ Land Amendment and Native Land Claims Adjustment Act, 1927, vested ~;;l·N 67 51 in the Gisborne Harbour Board subject to the payment to the ' o. ,s. Tairawhiti District Maori Land Board (hereinafter referred to as the said Board) of the sum of ten thousand pounds and interest (hereinafter referred to as the said fund), and the said fund was paid to the said Board: Be it therefore enacted as follows :- (1) (a) The said fund shall be held by the said Board in trust for the persons who would have been entitled to the benefit of the trust under which the said land was held. (b) The said Board may from time to time expend the moneys in the said fund in purchasing or leasing land for a village-site or for any addition to or enlargement thereof, or may sell any such site and purchase or lease a new site, and may erect buildings, prepare and pay for the upkeep of sports-grounds, acquire chattels, and generally do all things which are in its opinion necessal'Y for the welfare of the Natives generally. The expenditure of moneys upon the present site and in respect of improvements, buildings, and chattels used in connection therewith shall be deemed to be expenditure duly authorized. Any land purchased or acquired under this section shall be held upon the same trusts as the land mentioned in the preamble was held. (0) The Court shall have power to appoint an advisory committee of Natives, not exceeding five in number, to confer with the said 24 370 1931, No. 32.] Native Purposes. [22 GEO. V.

Board in the administration of the trust, but the advice or direction of the said advisory committee shall not be binding upon the said Board. (d) The said Board or any person claiming to be beneficially interested may apply to the Court for the direction of the Court on any question respecting the management or administration of the said fund or of any property acquired with any part of the proceeds of the said fund. The said Board acting upon the direction or order of the Court shall be deemed to have discharged its duty as a trustee in the subject­ matter of the application. (e) In all questions arising out of the said trust and the disposal of the said fund or any other of the trust property the Court shall have and may exercise the same powers and jurisdiction with regard to and in respect of the said trust as the Supreme Court would be entitled to exercise in any such case. (2) The said Board shall have full power to invest the said fund or any part thereof in accordance with its ordinary powers of investment, either as part of its common-fund investments or upon some one or more specific investments, and may apply the said fund and the trust property and all income arising therefrom, together with all accumulations thereof, including the income of such accumulations, for the following purposes, namely :- (a) Defraying the cost of administration of the trust property by the sa.id. Board, including a fair and reasonable charge for comIDlSSlOn : (b) Paying all expenses incurred in the lawful administration of the trust: (0) Paying all rates, taxes, and other assessments and outgoings payable in respect of the trust property: (d) Insuring the trust property against fire: (e) Paying the principal and interest of all charges upon the trust property: (f) Keeping in repair any buildings, fences, or other structures forming part of the trust property: (g) Erecting buildings, fences, and other structures on any land forming part of the trust property, and making any other improvements of that property: (h) Managing any such land as a farm, or carrying on anyagricul­ tural or pastoral business thereon : (i) Assisting, subject to the order of the Court, any religious, charitable, or educational purpose for the benefit of Natives, or such other purpose as may be approved of by the Native Minister, including the making of contributions to the Maori Purposes Fund Control Board or the Board of Maori Ethnological Research. Administration of Otaki Lands. Provision for 63. (1) All land vested in the Ikaroa District Maori Land Board recovering Na.tive under the provisions of section thirty-two of the Native Land Amend­ rates due to Otaki Borough. ment and Native Land Claims Adjustment Act, 1928 (hereinafter 1928, No. 49, s. 32 referred to as the said section thirty-two) shall be held by it in trust for the owners beneficially entitled thereto. 22 GEO. V.] Native Purposes. [1931, No. 32. 371 ------_. (2) The vesting of any such land in the Board shall not affect any valid lease, mortgage, charge, or encumbrance to which the land was subject at the date of that vesting, or the right of any person to enforce a valid contract made with respect to the land before it became so vested, or to obtain confirmation of any alienation under an instrument of alienation theretofore executed. (3) Any Order in Council purporting to be made under the said section thirty-two shall be conclusive proof that all the conditions precedent to the making thereof have been duly fulfilled, and no such order shall be questioned on any ground. (4) An Order in Council made under the said section thirty-two may at any time be amended, varied, or revoked. Upon the revoca­ tion (either wholly or in part) of an Order in Council made under the said section thirty-two the land affected by such revocation shall cease to be subject to this section and shall revest in the former owners as if it had never become subject to this section, save that such revesting shall not affect any valid transfer, lease, mortgage, charge, or encumbrance to which the land is then subject. (5) All land held by the Board under this section may be sold, leased, exchanged, or mortgaged by the Board, and the proceeds of any alienation by the Board shall be applied in the first place to payment of the expenses of administration, including a reasonable commission to the Board and all other liabilities to the Board and all rates and other outgoings due or accruing, and any balance' shall be paid to the owners of the land. The Board may elect to administer any part of the land under section five hundred and twenty-three of the principal Act, and in such case the provisions of that section shall extend and apply to such land and its management and use. (6) The land shall remain charged in favour of the Board with the payment of the sum paid by the Board, together with interest at the rate of five pounds per centum per annum, and the provisions of the principal Act as to the creation and enforcement of charges shall apply to all lands affected by this section. The Court may by order direct the amount to be so charged in respect of each parcel of land. (7) The Board shall not be liable for any rates in respect of any parcel of the land held by it under the provisions of this section in excess of the revenue actually received by the Board from that land during the period in which those rates became due, but the net revenue received by the Board after payment of the current year's rates received during the next succeeding period may be applied towards payment of such rates. If such rates are not paid within two years from the time they are levied they shall be deemed to be irrecoverable and shall be written off. Section one hundred and five of the Rating Act, 1925, shall not apply to lands vested in the Board under this section. (8) With regard to future rates levied upon Native land within the Otaki Borough which is not vested in the Board the local authority instead of proceeding under section one hundred and nine of the Rating Act, 1925, may apply to the Court to vest the land affected in the said Board, and the said land shall on the making of such order be deemed to be subject to the provisions of this section as fully and effectually as if it had been vested in the Board by Order 24* 372 1~31, No. 32.] Native Purposes. [22 GEO. V. in Council under the said section thirty-two. The Court may by order at any time revest in the Native owners the land so vested by Court order in the Board. M ataikona Blocks. Native Trustee to 64. (1) The lands known as Mataikona No. 1, Mataikona No. 2, administer Mataikona Blocks. and Mataikona No. 3 referred to in section forty-five of the Native 1929, No. 19, s. 45 Land Amendment and Native Land Claims Adjustment Act, 1929, shall hereafter be administered and dealt with by the Native Trustee under the provisions of section twenty-five of the Native Trustee Act, 1930. (2) All orders, acts, matters, or things which originated under section forty-five of the Native Land Amendment and Native Land Claims Adjustment Act, 1929, and are subsisting or in force at the commencement of this Act, shall enure for the purpose of section twenty­ five of the Native Trustee Act, 1930, as fully and efIectually as if they had originated under the said section twenty-five, and accordingly shall, where necessary, be deemed to have so originated. (3) All advances heretofore made in respect of the said lands by the Native Trustee out of t,he Native Trustee's Account to or on behalf of any Native in respect of his share or interest or in respect of the farming operations, and whether by way of antiflipation or other­ wise, are hereby validated. Repeal. (4) Section forty-five of the Native Land Amendment and Native Land Claims Adjustment Act, 1929, is hereby repealed. N gaitahu Claim. Setting up Board in 65. (1) For the purpose of discussing and adjusting the Ngaitahu connection with Ngaitahu claim. claim and for the purpose of this section there shall continue to be 1928, No. 49, s. 21 a Board (called the Ngaitahu Trust Board), and in respect thereof the following provisions shall apply:- (a) The Board shall be a body corporate with perpetual succession and a common seal. The number of its members shall be determined and the members thereof appointed by the Governor-General in Council, and the Governor-General may by Order in Council make regulations with respect to the term of office, the qualifications for membership, the mode of filling vacancies on the Board, the administration of the funds of the Board, the payment of administration expenses, and the keeping and auditing of accounts, and generally for such other purposes as may be necessary to give effect to this section. (b) The Board shall administer a,ll funds held by it for the general benefit of the members of the N gaitahu Tribe or their descendants, and may provide moneys for specific purposes for the benefit of the members of any particular section of that tribe. Subject to the foregoing provisions of this section, it shall be within the Bower of the Board to finally determine what may be a proper object for which payment may be made out of its funds. (c) With the precedent consent of the Native Minister the :Board may from time to time, on the security of a mortgage of or charge upon any land vested in it, or upon the security 22 GEO. V.] Native Purposes. [1931, No. 32. 373 of or a charge on any moneys to be paid to it under this section, borrow from a State Loan Department or from any other person or body corporate for the purposes or any of the purposes for which the Board is constituted, including the payment of any debts and liabilities properly incurred in that behalf, and the improvement and maintenance of any lands or buildings under the control of the Board. (d) The Board may buy and sell property; may erect, maintain, and improve buildings; may farm and administer lands owned by it; may lend money to Natives and others; may deposit money with any State lending authority; may act as guarantor for Natives or descendants of a Native; and generally may do all acts and things that a corporate • body may do. (2) The Court may from time to time order that there shall be paid by the Board out of moneys held by it such sums as it may determine as being a fair and reasonable sum to be paid to any person claiming that he contributed money towards. the prosecution of the Ngaitahu claim either by way of restitution or for costs and expenses incurred in or about the various Commissions and tribunals which have been set up to inquire into the matter, and the money so ordered to be paid shall be paid by the Board to the persons entitled to receive the same. (3) The Chief Judge may exercise from time to time the powers . of amendment conferred by the principal Act with respect to the order determining the list of beneficiaries by adding additional names and shares thereto or otherwise varying or amending the said order, but shall not cancel such order. (4) It shall be in the full discretion of His Majesty's Government in New Zealand what (if any) relief shall be granted.

Kaiapoi Reserve Board. 66. (1) The land known as the old Native Pa at Kaiapoi, con- OI~ Na~ive Pa at tO be a. taining eleven acres or thereabouts, and situate in the Rangiora ~&1aPOl d Survey District and called Reserve 873A, is hereby declared to be co~e:;:~~; ~:ia.poi held by His Majesty the King as a reserve for the benefit of the Reserve Board. Natives to whom the same was promised or their descendants. 1924, No. 45, 8. 21 (2) The land and water known as the Waikuku Lagoon, con­ taining twenty-four acres or thereabouts, situated in Block VIII, Rangiora Survey District, and being the balance or southern portion of Reserve 1873, is hereby declared to be held by His Majesty the King as a reserve for the same purposes and persons as is prescribed in subsection one hereof. (3) The control and management of the said reserves shall vest in a Board of Managers called the Kaiapoi Reserve Board (hereinafter referred to as the said Board), consisting of- (a) The Stipendiary Magistrate for the time being exercising jurisdiction at Kaiapoi, or if there be no such appointment, then the senior Magistrate at Christchurch or such other Stipendiary Magistrate as he shall appoint. The Stipendiary Magistrate so acting shall be the Chairman of the said Board. 374 1931, No. 32.] Native Purposes. [22 GEO. V.

(b) The members of Parliament for the time being for the Southern Maori Electoral District and for the Kaiapoi Electoral District, or such other districts as shall replace them and have the said reserves within their boundaries. (0) Three other persons to be appointed by the Native Minister. (4) For any cause which may seem to be sufficient the Native Minister may, in writing under his hand, remove from office any member appointed under paragraph (0) of the last preceding subsection. Any vacancy caused by the death, resignation, or removal of any such member may be filled by the Native Minister. (5) The said Board, with the approval of the Governor-General in Council, may from time to time make by-laws for- (a) The management, preservation, and disposition of the said reserves or any part thereof: • (b) The governing and control of all persons, horses, carriages, and vehicles using or frequenting the same: (0) The fixing of an entrance fee for admission thereto: (d) Regulating the time of admission and exclusion: (e) The depasturing' of cattle thereon : (f) The exclusion of dogs or other animals therefrom, and their destruction if intruding thereon : (g) The prevention of any nuisance: (h) The grant or regulating of fishing privileges: (i) Generally regulating the use of the said reserves. (6) Any person offending against any such by-law shall be liable­ on conviction to a penalty not exceeding five pounds. (7) All such penalties may be recovered in a summary manner, and shall be paid to the said Board and be applied as other moneys are hereinafter directed to be applied. (8) The Board is hereby empowered to lease any portion of the said reserves for such period not exceeding twenty-one years and subject to such rents or conditions and in such manner or form as it may think fit. (9) Any instrument requiring to be executed by the Board may be executed in the name of the Board by three members of the Board (one of whom shall be the Chairman); and any lease may be regis­ tered and may be dealt with in the same manner as if it were a lease of Crown lands granted by a Land Board, but the provisions of the Land Act, 1924, shall not otherwise apply to any such lease. (10) All sums of money received under or by virtue of this section shall be applied in managing, administering, and improving the said reserves, and generally towards carrying into execution the purposes and objects of this section, and for any other purpose which the Native Minister may approve, although it may not be strictly applicable to such reserves or to the persons intended to benefit thereunder. (11) The Board may, if it thinks it necessary or advisable, apply to the Court to ascertain and determine who are the persons entitled to the benefit of the said reserves, and the Court shall be deemed to have jurisdiction to determine such matters and make orders accord­ ingly. In such case it shall not be compulsory for the Court to define the relative shares in which the beneficiaries are so entitled, but the Court may in the same or any subsequent order determine such relative shares. 22 GEO. V.] N alive Purposes. [1931, No. 32. 375

PART VI. MISCELLANEOUS POWERS AND JURISDICTION. ( a) Affecting Tuwharetoa Tribe. 67. Whereas in pursuance of an agreement for sale and purchase, Authorizing the dated the twenty-seventh day of July, nineteen hundred and eighteen, ~~~~ !~~y:r:nd the Aotea District Maori Land Board, as agent for the Native owners the Tuwharetoa Co-operative Dairy of . th e Puk et apu BI OC.'k . IS· ent'tl 1 e d . t 0 receIve . from the T'armgamu t u Company (Limited) TImber Company (LlIDlted) certam balance of purchase-moneys- instalments due to namely, eight a~nual in~t~lments of one thousand n0-e ~undred and p~::;! ~~ck three pounds thIrteen shillmgs and threepence each WIth mterest pay- who signed deed of able each twenty-seventh day of July: And whereas a large number consent. of the principal owners of the Puketapu Block, by deed of consent 1920, No. 63, 8. 29 dated the eighth day of December, nineteen hundred and nineteen, have consented to their shares in and of the last original four instal- ments under the said agreement for sale and purchase being charged with the repayment by the Tuwharetoa Co-operative Dairy Company (Limited) of certain advances made or to be made to such last-named company for the purpose of establishing it as a co-operative dairy company: Be it therefore enacted as follows :- (1) The said Board or its successor in office, upon receipt of purchase-money and interest from the Taringamutu Timber Company (Limited) in respect of any or all of the last or final four instalments due under the agreement for sale and purchase of part of the Puketapu Block, dated the twenty-seventh day of July, nineteen hundred and eighteen, is hereby authorized and directed to pay from time to time to the Tuwharetoa Co-operative Dairy Company (Limited), its successors and assigns, or to the holder for the time being of any debenture over all the assets of such dairy company, the respective shares in such insta1ments due to those owners or to the successors or assigns of those owners of the Puketapu Block who have signed the before-mentioned deed of consent, dated the eighth day of December, nineteen hundred and nineteen, together with the shares due to any further owners, their successors and assigns, o£ the Puke­ tapu Block who may have signified or may in future signify to the satisfaction of the said Board that they join in the said deed of consent. (2) The receipt of the Tuwharetoa Co-operative Dairy Company (Limited), or of the holder for the time being of any debenture issued or to be issued by such dairy company over all its assets, shall be a sufficient. discharge to the Board of its liability in respect of any sums paid under the authority of this section. (3) It shall be the duty of the Tuwharetoa Co-operative Dairy Company (Limited), in respect of all purchase-money and interest so paid to it on behalf of various Puketapu owners by the Board, to issue to each such owner a share or shares in such dairy company fully or partly paid up to the extent of the respective amounts so paid on behalf of such owner. The Board may refuse to make further payments of instalments to the Tuwharetoa Co-operative Dairy Company (Limited) under the provisions of this section if that company fails to comply with the provisions of this subsection. 376 1931, No. 32.] N alive Purposes. [22 GEO. V.

Governor-General 68. Notwithstanding anytillng contained in the Fisheries Act, may make 1908, the Governor-General may make regulations authorizing the regulations authorizing Ngati­ tribe of Maoris known as Ngati-Tuwharetoa to take trout or other Tuwharetoa to take ~sh trout or other fish in Lake Roto-Aira, subject to such conditions as he thinks fit to in Lake Roto-Aira. Impose. 1921-22,No.62,s.28 69. Whereas under the Tongariro National Park Act, 1894, the Exempting Crown accepted the donation of an area of about six thousand five Ngati-Tuwharetoa hundred and eight acres of land by the late Te Heuheu Tukino, Chief Tribe from paying heavy-traffio fees of the Ngati-Tuwharetoa Tribe, for the purposes of a National Park: on the Tokaanu­ And whereas lands including the aforesaid area were set apart as a Waimarino Road. 1922, 1924, No. 45, s. 36 reserve under the Tongariro National Park Act, and the control thereof was placed under the Tongariro National Park Board: And whereas such Board may lease portions of such lands and issue licenses and otherwise derive revenue from such lands: And whereas the Ngati-Tuwharetoa Tribe is being called on by the Crown to pay fees in respect of its two-ton motor-lorry used for the purpose of transporting for such tribe the necessaries of life over the Tokaanu-Waimarino Road: And whereas it is expedient that payment of such fees should be remitted: Be it therefore enacted as follows :- No heavy-traffic fees shall be payable to the Crown in respect of one only two-ton motor-lorry used on the Tokaanu-Waimarino Road by or for the purposes of the Ngati-Tuwharetoa Tribe or any member of such tribe, or any association or company composed principally of members of such tribe. Enabling disposal 70. Whereas by virtue of the provisions of section four of the of land set apart Native Land Amendment and Native Claims Adjustment Act, 1917, for discharged Maori soldiers. the blocks of Native land hereinafter described became vested in His 1930, No. 29, s. 25 Majesty by way of gift for the purpose of settling thereon discharged Maori soldiers: And whereas part of the land was at the time of its acquisition under lease: And whereas the land is for the most part of such poor quality that it cannot be profitably occupied within the limitation of area set out in Part XIII of the Land Act, 1924: And whereas it has been found impracticable to settle discharged Maori soldiers upon the said land: Be it therefore enacted as follows :- (I) The land herein described shall henceforth be held by His Majesty freed and discharged from any trust to settle thereon discharged Maori soldiers, and the land shall be held and administered as Crown land under the Land Act, 1924, and may be disposed of accordingly. (2) Subject to the provisions of the next succeeding section, all revenues or other money arising from the said land hereafter received for and in respect thereof by the Land Board shall, subject to the deduction of all reasonable expenses of administration, and without further appropriation than tills Act, be paid to such Md as the Native Minister by writing under his hand shall from time to time direct, to be applied for some purpose having for its object the assistance of Natives being discharged soldiers within the meaning of the Discharged Soldiers Settlement Act, 1915, or their dependants or successors. (3) If and whenever the Native Minister is in doubt as to whether money shall be applied to a particular purpose, or as to what person should benefit in the application of any moneys allotted, or if he desires that there should be indicated some purpose to which any •

22 GEO. V.] Native Purposes. [1931, No. 32. 377 such money should be applied, or if it becomes impracticable or unwise to any longer apply the proceeds for discharged soldiers, he may apply to the Court, which shall have jurisdiction to determine any such ques­ tions submitted to it and to make orders or give directions accordingly. (4) Part XIII of the Land Act, 1924, shall not apply to the said land, and any part thereof may be disposed of in such areas as the Land Board shall from time to time determine. (5) The land referred to in this section is the following :- Owhaoko A East, Owhaoko B East, and Owhaoko A No. 1B Blocks, containing in the aggregate twenty-three thousand and seventy-four acres, as the same are described in a Proclamation dated the nineteenth day of November, nineteen hundred and seventeen; part Owhaoko D 1 Block, containing three thousand nine hundred and thirty-four acres two roods, as the same is described in a Proclamation dated the twenty-fourth day of December, nineteen hundred and seventeen; part Owhaoko D 7 Block, containing eight thousand five hundred and seventy-four acres two roods, as the same is described in a Proclamation dated the fifth day of March, nineteen hundred and eighteen. 71. Whereas the Owhaoko D 7 Block, including the portion Validating payment mentioned in the last preceding section, was at the time of the gift of ~ hnt~f D 7 BI k that portion subject to three leases: And whereas the rent as a whole toWN:iv~. 00 has continued to be paid to the Native owners of the Owhaoko D 7 Block without any deduction in respect of the portion so vested in His. Majesty, and it is desirable that any rent payments so made shall be validated and provision made with regard to payment during the unexpired term of the leases: Be it therefore enacted as follows :- (1) All payments of rent by or on behalf of the lessees to the Native lessors under memoranda of lease registered Numbers 7779, 7984, and 8041 shall be deemed to have been validly made, and the lessees are hereby freed and discharged from payment to His Majesty of any rent heretofore paid to the Native lessors in respect of the portion of the said land vested in His Majesty as aforesaid. (2) The full rent payable under the said leases shall, notwithstand­ ing that a portion of the land contained in the leases has become vested in His Majesty, continue to be payable to the Native lessors, being the owners of the remaining portion of the Owhaoko D 7 Block who executed the leases, until the expiration of the said leases, and the receipt of the lessors shall be a full discharge for any rent so paid to them. (3) The provisions of this section shall be sufficient authority for payment to the Natives interested of any sum of money that may have been received or is held by the Crown on account of such rent so far as it affects the portion so gifted to His Majesty, and any such sum is direoted to be paid and may be paid accordingly, without further appropriation than this Act. (b) Matters a;ffecting Tokerau District. 72. (1) The Court is hereby authorized to inquire into the AuthOrizing grievances alleged in a petition Number 129 of 1927, presented to the inliquirJ: as to . . a enatlon 0 f House of RepresentatIves by Pouaka te Awha, ill respect of land part of Kaihu situate in the Tokerau Native Land Court District, and known as the 2B 3 Blook. Kaihu 2B 3 Block. 1927, No. 67, B. 37 •

378 1931, No. 32.] Native Purposes. [22 GEO. V.

(2) If upon such inquiry the Court shall find that a certain memo­ randum of transfer executed by the said Pouaka te Awha in favour of Francis Joseph Dargaville, under date of the twenty-fourth day of January, nineteen hundred and sixteen, dealing with a portion of the said land should be given effect to, notwithstanding the allegations made in the said petition, the Court may make an order declaring the said memorandum of transfer to be valid and effective, or it may by such order impose upon the transferee the performance of such terms and conditions, subject to the performance of which the said memo­ randum of transfer shall become effective. The Court may in any order made under the provisions of this section order and direct that the said memorandum of transfer shall be amended in such manner as in the Court's opinion will give effect to the intention of the parties. Upon the terms and conditions imposed by any order being duly performed, which due performance may be evidenced by a certificate of the Registrar endorsed upon the order, the said memorandum of transfer shall take effect as if it were amended in accordance with the provisions of such order as fully and effectually as if such terms and conditions were set out in the said memorandum of transfer, and the memorandum of transfer and any order made under the provisions of this subsection may be registered accordingly. (3) If upon such inquiry the Court shall find that the alienation witnessed by such memorandum of transfer should not under the circumstances have been confirmed by the Maori Land Board, the Court may, subject to such terms and conditions as it may in its discretion see fit to impose, including, if the Court so decides, the making of any payment by the said Pouaka te Awha or those claiming through him either by way of refund or otherwise, make an order declaring the said memorandum of transfer of the twenty-fourth day of January, nineteen hundred and sixteen, to be null and void, and thereupon such memorandum of transfer shall cease to have any force or effect and shall be incapable of registration. (4) Notwithstanding any of the provisions of the principal Act the powers and jurisdiction hereby conferred upon the Court shall be exercisable only by such Judge or Judges of the Court as the Native Minister or the Chief Judge may from time to time appoint in writing for the purpose. Enabling Kaihu 73. With respect to the land known as the Kaihu lA 1 Block, lA 1 school-sitll to be revestlld in comprised and described in certificate of title, Volume 44, folio 68, of Natives. the Auckland Land Registry, and situated in the Tokerau Native Land 1929, No. 19,8. 81 Court District, the Court is hereby authorized to inquire and determine in whom the said land should vest, and to make an order or orders accordingly, and thereupon the land shall vest in such person or persons for an estate of freehold in fee-simple, and, if more than one, as tenants in common in the shares defined by the Court. Empowering 74. (1) The Native Minister or the Tokerau District Maori Land adjustment of title of, and charge~ on, Board may apply to the Court to vest in the beneficial owners any Motatau No. 2 portion of the Motatau No. 2 Block, situate in the North Auckland Block. IJand District, and referred to in section sixteen of the Native Land 1923, No. 32, 8. 16 1925, No. 40, 8. 14 Amendment and Native Land Claims Adjustment Act, 1923, remaining 1928, No. 49, 8. 23 vested in the Board, and the Court is empowered to make orders accordingly, and thereupon the land comprised in such orders shall 22 GEO. V.] N alive Purposes. [1931, No. 32. 379 vest absolutely in the persons entitled, released and discharged from the provisions of Part XV of the principal Act. (2) The Court is hereby authorized and empowered ·to make upon such grounds as it considers expedient an order or orders releasing all or any of the portions of the Motatau No. 2 Block from the charges granted under subsection eight of section sixteen of the Native Land Amendment and Native Land Claims Adjustment Act, 1923, and such order shall operate as a discharge of that charge for the sum mentioned in the order made hereunder, and the land shall be released pro tanto from such charge. Every such order may be registered, and upon such registration, if the discharge shall be of the whole amount, the caveat against the registration of alienations mentioned in the said subsection shall be deemed to have lapsed. (3) With respect to the charge created by subsection five of the said section sixteen of the Native Land Amendment and Native Land Claims Adjustment Act, 1923, the Minister of Finance may by writing under his hand discharge the land and every part thereof from payment of the unpaid balance still remaining due for advances made under section two hundred and seventy-four of the Native Land Act, 1909, and the interest thereon, and thereupon the sum so discharged may be written off and discharged from the Native Land Settlement Account in accord­ ance with the provisions of the Public Revenues Act, 1926, and the Native Land Settlement Account may be recouped by such sums as shall from time to time be appropriated by Parliament for that purpose. (4) The liahility of the Board and of the land and of the owners thereof in respect of the said charge shall cease. 75. Whereas a parcel of land comprised and described in Revtlst~g '~aiharuru certificate of t.it~e, Volume 86, folio 82 of the Auckland Land N~~~~:.te III Registry, contammg by admeasurement three acres or thereabouts, and being part of Taiharuru No. 2 Block, was transferred by Hohepa Mahanga to Her Majesty Queen Victoria for a nominal consideration for the purpose of a school-site, and whereas the said land is no longer required for such purpose: Be it therefore enacted as follows:- (I) The said land shall, upon the commencement of this Act, cease to be a school-site, and shall become Native land within the meaning of the principal Act freed and discharged of any claim by the Crown. (2) The Court may ascertain and determine in whom the said land shall be vested, and the Court may make an order vesting it in such person or persons for an estate of freehold in fee-simple, and if more than one as tenants in common with such relative interests as shall be determined by the Court. (c) Matters affecting Waikato-Man·iapoto District. 76. (I) The sum of one thousand two hundred and ten pounds paid Enablingadjustment under the provision of section twenty-six of the Native Land Amendment tOhf raMtes levied by · Ad· A h e angapu and Native Land Clalms Justment ct, 1928, to t e Mangapu Drainage Drainage Board. Board with respect to drainage operations within the drainage district 1928, No. 49, 8. 26 controlled by that Board shall be a charge upon all Native lands within the said dminage district, and in default of land being awarded as here- inafter mentioned the Court may make an order in favour of His Majesty charging all or any of the Native lands upon which rates were 380 1931, No. 32.] Native Purposes. [22 GEO. V.

or are 1evied by the Mangapu Drainage Board with the payment of such proportionate part of the above-mentioned sum as the Court shall think just and equitable, together with interest at five pound~ per centum per annum from date of the advance until repayment, and may vest the land so charged in the Maori Land Board of the district, which shall have simi1a-r powers of disposal of the land and the application of the proceeds as are vested in or conferred on the Native Trustee by section one hundred and nine of the Rating Act, 1925. (2) The Court in preparing or giving effect to consolidation schemes in the Waikato-Maniapoto Native Land Court District shall in pur­ suance of its power in that behalf award or appropriate land to the Crown to the value of and in satisfaction or partial satisfaction of the payment mentioned in subsection one hereof. Authorizing trustees 77. "'llereas by deed of settlement dated the thirtieth day of Waitangirua Block to distribute of August, eighteen hundred and seventy-eight, and registered as trust funds. Number 65882 (hereinafter referred to as the said deed), one 1928, No. 49. s. 37 Meremana Konui conveyed to the trustees named in such deed all his estate and interest in the land described in such deed, and known as the Waitangirua Block, upon the trusts therein mentioned in favour of the settlor and his chi1dren and grandchildren: And whereas the settlor has died, and there is now surviving him two only of his children, all his ot,her children having died without issue, and it is desirable that the trustees shall have power to distribute the estate without waiting for the period or observing the conditions mentioned in the said deed: Be it therefore enacted as follows:- (1) The trustees for the time being of the said deed may, subject to the approval of the Court, apportion and distribute from time to time the trust estate or any portion thereof amongst the beneficiaries, including the surviving children of the settlor as may then be living, in such manner and subject to such conditions as the trustees may think fair and reasonable under the circumstances, anything in the said deed to the contrary notwithstanding. (2) The Court is hereby empowered to appoint a person or persons to act as representatives of any of the beneficiaries or expectant beneficiaries who are infants or otherwise under disability for the time being, and it shall be within the power of any such repre­ sentative to give any consent that may be required on behalf of the person under disability in the same manner as the beneficiary himself might have done had he been under no disability. (3) The trustees may, subject to the approval of the Court, (lomplete and carry out a family arrangement by which that part of the trust estate which consists of a memorandum of mortgage, registered Number 128649, over the Whakatoringaringa No. 1 Block, securing the repayment of the sum of one thousand pounds, together with the principal sum secured thereunder, shall be transferred to one Mere Meremana (or Mitchell) absolutely. Permitting 78. (1) The Waikato-Maniapoto District Maori Land Board shall variation of leases of Native land in have power, after inquiry in each case, to make such variation of the Waikato.Maniapoto covenants and conditions, including the extension of the term, of any district. lease heretofore granted of Native land situated within the Waikato­ 1929, No. 19, s. 30 Maniapoto Maori Land District as in the circumstances of the particular case shall seem to the Board to be just and expedient: 22 GEO. V.] Native Purposes. [1931, No. 32. 381

Provided that no such variation shall become effective unless and until the terms thereof have been approved by the Native Minister. (2) 'Where the Board decides to make any variation as aforesaid, an order shall be drawn up in writing under the seal of the Board and the hand of the President, setting out the terms of such variation, and the approval of the Native Minister, if granted, shall be signified by endorsement on such order. (3) The variation set out in any such order shall, upon the order taking effect, be deemed to be embodied in the instrument of lease so varied, and shall have the same force and effect from the date of such order as if it had been originally embodied in the said instrument. (4) Any such order may be registered against the title to the land to which it refers either under the Land Transfer Act, 1915, or the Deeds Registration Act, 1908, as the case may be. (5) In any inquiry under this section the Board shall be deemed t6 constitute a Court of record, and the provisions of section two hundred and eighty-three of the principal Act shall apply to such inquiry as if it were the hearing and determination of an application for confirmation as mentioned in the sain section. 79. (1) Notwithstanding that the land known as Allotment No. 6 Applying Part of Section No. 2 of the Town of Raglan, situate in the Auckland !::~ ~~:~!!{a! Provincial District, is European land, the provisions of Part XVIII of Section 2. Raglan. ' the principal Act shall apply thereto as fully and effectually as if the 1929. No. 19, s. 50 said land was Native freehold land, and with respect to the said land the definitions of the terms " owners" and "assembled owners" respectively are hereby modified to include the said land and the owners thereof. (2) The assembled owners of the said land shall have in respect thereof all the powers conferred upon assembled owners by Part XVIII of the principal Act, and every resolution to alienate shall require con­ firmation in the same manner as if the land was Native freehold land. The assembled owners may pass one or more resolutions directing the application of the proceeds of any alienation of the said land, and the Board is hereby authorized to act upon and carry into effect any such resolutions so far as it thinks expedient. (3) The Board shall have and may exercise in respect of the said land all the powers of a Board under the said Part XVIII, and any instrument of alienation executed by the Board shall have the same force and effect and may be registered in the same manner as if it was an alienation of Native freehold land. (4) The proceeds of any alienation shall be subject to the provisions of sections two hundred and sixty-one and five hundred and fifty of the principal Act in tIle same manner as if such proceeds arose from an alienation of Native land. 80. 'Vhereas various areas of Crown land have from time to Authorizing titles time been marked on public maps and otherwise indicated as beinO' to issue for certain • 0 Crown lands to allocated or set apart for Native purposes: And whereas doubts have Natives. arisen as to the authority for and the purpose of setting apart of 1927. No. 67, s. 39 many such areas of land: Be it therefore enacted as follows :_ 1929. No. 19. B. 52 (1) The Governor-General may, upon the application of the Minister of Lands, by Order in Council, confer upon the Court jurisdiction to make orders under this section in respect of the lands mentioned in section thirtv-nine of the Native Land Amendment and Native Land . ~ 382 1931, No. 32.] Native Purposes. [22 GEO. V.

Olaims Adjustment Act, 1927, or of any other Orown land which there is good reason to believe was intended to be reserved or set apart for the use, benefit, or occupation of Natives, notwithstanding that there may be no authentic record of the reserving or setting-apart of such land for Natives. (2) The Oourt is hereby authorized to ascertain and determine what persons are entitled to the benefit of the respective lands, or any part or subdivision thereof, and to make orders declaring the persons found entitled thereto to be owners of the land described in such order for an estate of freehold in fee-simple, and, if more than one, as tenants in common in the relative shares or interests expressed in such order (where such shall have been defined), and the land shall thereupon vest in the persons so named. (3) Where at the time of making such order the Oourt finds it inconvenient or inexpedient to define the relative interests of the persons found by its order to be entitled to any of such lands, it shall have jurisdiction to define the relative interests of the owners at any time thereafter. (4) No claim arising out of the Native customary title of any land prior to its becoming vested in the Orown shall prevail as of right in any proceedings before the Oourt. The Oourt, in determining the persons entitled to such lands, or any of them, may proceed upon any principle it deems just, taking into consideration all the circumstances, and may make an order notwithstanding that any person found entitled may not have a strictly legal claim to thfl land. (5) The Oourt shall not necessarily be bound by any recommenda­ tion already made by it in any report to the Ohief Judge, but may, if it deems it expedient. make orders in accordance with any such recommendation, or may make further inquiries into any matter or thing arising in any proceedings before it respecting such lands. (6) All orders made under this section shall have the same force and effect as freehold orders made under the principal Act, and may be registered and dealt with in the same way as is provided under the principal Act for registering and dealing with freehold orders. (7) By any order made under subsection two hereof, or by any subsequent order of the Oourt, the Court may in respect of any land dealt with under the jurisdiction conferred by this section prohibit or restrict, in such manner as it thinks fit, the exercise of any powers of alienation contained in the principal Act, and the Oourt may at any time and from time to time remove or vary any such prohibition or restriction. (8) (a) Upon the application of the Ohief Surveyor, the Oourt may, if it thinks it expedient so to do, by order declare that any public road or any portion of a public road traversing land affected by this section and no longer required for the public use shall be stopped, and thereupon such stopped road shall cease to be a public road. (b) By the same or any subsequent order the Oourt may vest the land occupied by the stopped road in such person or persons as it may deem just or expedient and subject to such terms as to payment and otherwise as the Court may order, and may amend any existing title so as to include the land occupied by the stopped road, which land shall vest accordingly as if it was originally included in such title, and where 22 GEO. V.] Native Pu·rposes. [1931, No. 32. 383 necessary the District Land Registrar shall amend any certificate of title so as to conform to the amendments made by the Court. (0) The land occupied by a stopped road dealt with under this subsection shall be deemed to be Native land within the meaning of the principal Act. 81. Whereas upon investigation by the Court of the title to the Authorizing land known as the Waipapa Block, now comprised and described in ~~:~ ~C=e certificate of title, Volume 248, folio 274, Auckland Registry, that on Wai;pa Block :temake vesting land was awarded to certain Natives: And whereas it is alleged that r upon such investigation of title the Court did not include in its 1930 'No,29 s,24- investigation a certain burial-place known as Kapui te Rangi, but ' , nevertheless that burial-place was included in the order for the title to the Waipapa Block, which has since become subject to the Land Transfer Act, 1915: Be it therefore enacted as follows :- (1) Notwithstanding thef)fact that the said Waipapa Block is European land, the Court is' hereby authorized and empowered to inquire into the circumstances of the issue of such title, and if it is of opinion that the portion of the land known as the Kapui te Rangi Cemetery has been erroneously included in the title to the said Waipapa Block it may make an order vesting in such person as trustee as it thinks proper such portion of the said Waipapa Block as shall be in its opinion sufficient to enclose all the Maori graves on the said land, and the said order shall take effect according to its tenor and may be registered against the title of the said land, (2) By the same or any subsequent order the Court may layout over the remaining portion of the Waipapa Block a right of way giving access to the land mentioned in a vesting order made tmder this section and appurtenant thereto, (3) For the purposes of this section all the provisions of Part XXI of the principal Act as to surveys shall apply to the said Waipapa Block. (4) Every person having any estate or interest in any land dealt with under this section who suffers damage from the exercise of any of the powers given by this section shall be entitled to such reasonable compensation as the Court shall determine, and the Court shaU have exclusive jurisdiction to ascertain and determine what amount of compensation ought to be paid to the owners of or other persons entitled to such land, and who are the persons entitled to be paid such compensation, and to make such order or orders as to it seems fit. (5) The amount of compensation so found to be due by the Court shall be paid out of the Consolidated Fund to the person found entitled thereto. (6) Any land vested in a trustee under this section shall be deemed to be Native freehold land as defined by the principal Act. (d) Matters affecting JiV aiariki District. 82 Sections one hundred and twenty-five and one hundred and Sections 125 and twenty-~ight of the Public Works Act, 1928 (relating to roads), shall ~~r~t~~~928 not apply to the sale or subdivision of any portion of the land situate (relating to roads). WIt'hin wht' a IS genera11 y known as t h e Oh'memutu P a or V'll1 age, ornot subdivision to apply to of sale bounded as follows: Towards the east by Lake Rotorua; towards land situate within . d 1.. d h the Ohinemutu Pa. t h e nort h b y t h e U tuhi na Stream; towar s tlle west an sout -west 1921-22 N 62 by the main Tauranga-Rotorua Road, commencing where the said s.21 ' o. , 384 1931, No. 32.] Native Purposes. [22 GEO. V.

road crosses the Utuhina Stream, and continuing past the Lake House to where the road passes down to the public wharf at Rotorua; and thence on the south by the last-mentioned road to Lake Rotorua. Reserves for Natives 83. (1) The Governor-General may, on the recommendation of the may be set apart in Native Minister and the Minister of Lands, by Warrant under his Urewera lands. 1923, No. 32, s. 11 hand, declare that any part of the land awarded to the Crown under the Urewera Lands Act, 1921-22, shall, as from the date of the Warrant, be a reserve for the exclusive use of any of the former owners of the said land or their successors, or such other Natives or class of Natives as may be referred to in such Warrant. (2) Upon the issue of such Warrant the land referred to therein shall be deemed to be reserved for Native purposes. (3) The Governor-General may by Order in Council vest the control and management of such reserve in such trustees as he may think fit, and may from time to time make regulations prescribing their duties, functions, and powers. Authorizing Court 84. \Vhereas by section seventy-four of the Reserves and other to confer easement in respect of Matata Lands Disposal and Public Bodies Empowering Act, 1922, it is enacted water.supply. that the Governor-General may confer certain powers upon the Whaka­ 1924, No. 45. s. 30 tane County Council (hereinafter referred to as the said Council) with respect to the supply of water for domestic purposes for the Town of Matata and the district adjoining (hereinafter referred to as the said water-supply): And whereas it is desirable to give the said Council powers to obtain pipe-line easement and other rights and appurtenances over Native land through which the pipe-line connected with the said water-supply passes: Be it therefore enacted as follows :- (1) The Court is hereby authorized and empowered to grant to the said Council by order an easement in perpetuity or for a limited term for the use, occupation, and enjoyment of any Native land whereon or whereunder any pipe-line connected with or appertaining to the said water-supply shall be, together with the right to enter upon such land or through or over any adjoining land for the purpose of altering, renewing, repairing, or cleansing such pipe-line, subject to such terms and conditions as the Court may think fit to impose. (2) Any order made granting rights as aforesaid may be registered against the land which it affects, and it shall not be necessary in the case of land subject to the Land Transfer Act, 1915, to produce any certificate of title for the purpose of such registration. (3) If the said Council ceases for a period of two years to use any land in respect of which an order granting rights as aforesaid has been made, such land shall (subject, however, to any special conditions contained in the order made in respect thereof) upon the expiration of such period of two years revert to the then owner of the land over which the same was originally ordered, but the said Council shall not be liable to the owner or any other person for so ceasing to use the land. Upon proof to his satisfaction that the right has so reverted to the owner the District Land Registrar may enter upon the Register a memorandum thereof, and such right shall thereupon be deemed to have been determined. (4) The Council or any person interested may at any time apply to the Court for the surrender of any right granted hereunder, and the Court may order that the land therein mentioned shall cease to 22 GJ

1922, or any Crown lands on the border thereof for the use of the Natives, and may vest the management and control thereof in trustees. (2) There shall be reserved to the Natives the right to fiRh for and catch for their own use any indigenous fish in any of the said lakes, but no such fish shall be sold, except with the consent of the Arawa District Trust Board. The sale of any such fish without such consent shall be deemed to be unlawful, and any person who commits any such offence shall be liable on summary conviction to a fine not exceeding five pounds. All fines recovered under this subsection shall be paid to the said Board. (e) Matters affecting Tairawhiti District.

Permitting appeal~ 89. Whereas section twenty-four of the Native I~and Amendment respecting Marangairoa ID and Native Land Claims Adjustment Act, 1926, authorized the Court Block. to hear and determine claims arising out of matters mentioned in 1926, No. 64, s. 24 the report of the Court referred to in that section: And whereas 1928, No. 49, s. 40 1930, No. 29, 8. 28 orders were made or decisions given by the Court against which appeals have been lodged: And whereas by section forty of the Native Land Amendment and Native Land Claims Adjustment Act, 1928, pro­ vision was made for appeals to be brought with regard to other matters mentioned in such report: Be it therefore enacted as follows :- (1) The findings of the Court in the above-recited report so far as they affect the claims set forth in petitions Numbers 91, 92, and 93 of nineteen hundred and twenty, and petition Number 209 of nineteen hundred and twenty-two, and the land mentioned therein, shall for the purpose of appeal be deemed to be final orders of the Court, and the Native Appellate Court shall have jurisdiction to hear and determine appeals from the said final orders if commenced by notice of appeal given in the prescribed manner. (2) All appeals brought either against the orders made under the provisions of section twenty-four of the Native Land Amendment and Native Lands Claims Adjustment Act, 1926, or under the authority of the provisions of section forty of the Native Land Amendment and Native Land Claims Adjustment Act, 1928, may be heard and deter­ mined by the Appellate Court, notwithstanding any defect in the giving or the form thereof or that a final order has or had not been pronounced by the Court. (3) J n hearing and determining any of the said appeals the Appellate Court shall proceed as if it was hearing appeals from the original decision of the Court upon the investigation of title so {ar as the land affected by such appeal is concerned, and it shall not be bound or estopped by any former decision of the Appellate Court or by any former finding, judgment, or order of the Native Land Court. (4) The Appellate Court, while being guided as far as possible by Maori custom and usage, may, in hearing and determining the said appeals, take into consideration and give effect to any claim by occupa­ tion which it deems it expedient so to do, notwithstanding that the claim of occupationary right may appear to be inconsistent or in conflict with any other right found by the Court to be the basis of title. (5) The Appellate Court may in the exercise of the jurisdiction con­ ferred by this section vary or amend any orders for title respecting any of the divisions of the Marangairoa ID Block, whether as to boundaries, 22 GEO. V.] Native Purposes. [1931, No. 32. 387 names of owners, or relative interests or otherwise, and including the admission to the title of any other person found to be entitled as may upon the hearing of such appeal appear just or expedient, and the orders as varied or amended shall take effect accordingly. 90. The Tairawhiti District Maori Land Board is hereby autho­ Allotting rents of Ahirau 1 and 2 rized to pay to such person as the Native Minister may, in writing, Blocks for religious from time to time direct out of the rents and other revenues purposes. received by the said Board in respect of the land situate in the 1929, No. 19, s. 36 Tairawhiti Maori Land District, and known as Ahirau Nos. 1 and 2 Blocks, such annual sum as the Minister may direct, either for a particular year or for any longer period, to be allocated for the support of the Waiapu Native Pastorate (Church of England) or such other religious purpose as the Minister shall think expedient, and the Minister may at his discretion at any time and from time to time cancel the authority for any payment directed to be made by him. The receipt of the person named as the payee in any direction to the said Board shall, to the amount of any such payment, be a sufficient discharge to the said Board and to any lessee, and neither the Board nor a lessee shall be bound to inquire as to the application of the money paid under any such direction. 91. (1) There shall be set aside out of the rents to accrue from the Setting aside rents lease to Duncan MacMillan of the land known as the Tapuaeroa 2A 2 of Tapuaero~ ~A 2 ... . Block for religIous Block, sItuate III the County of WaIapu, such annual sum as the NatIve purposes. Minister may from time to time direct, either for a particular year or any Ibid., s. 40 longer period, to be allocated for the support of the Hikurangi Native Pastorate (Church of England), or such other religious purpose as the Native Minister may from time to time direct, and the Tairawhiti District Maori Land Board is hereby authorized to pay to the treasurer of the Diocese of Waiapu out of any rents received for and on behalf of the owners of Tapuaeroa 2A 2 Block the sum so set aside to be applied for the purposes of the Hikurangi Native Pastorate Fund. The receipt of the treasurer shall be a full discharge to the Board and to the lessee, and neither the Board nor the lessee shall be bound to inquire as to the application of the said sum or any part thereol. (2) The Minister may, in writing, direct that the provisions of this section shall apply to the rents to accrue from any subsequent lease of the said land for such term, such amount, and on such conditions as the Minister may think expedient, and thereupon the provisions of this section shall apply accordingly. (3) The Minister may at any time, and from time to time, in writing under his hand, direct that no further payment of the whole or any part of the annual sum so directed to be paid shall thereafter be paid to the said treasurer, and thereupon from the date specified by the Minister the right to claim such moneys shall cease and determine to the extent of or up to the sum stated in writing by the Minister. 92. (1) The Court is hereby authorized and empowered, upon the Relative interests in Anaura, Kaiaua application of any person claiming to be interested lodged with the No. 1, and Registrar under the provisions of section twenty-nine of the Native Kopuatarakihi No. 1 Blocks may Land Amendment and Native Land Claims Adjustment Act, 1930, to be redefined. inquire and determine within the limits hereinafter mentioned whether 1930, No. 29, s. 29 the relative interests in which the Native owners hold the following lands, situate in the Tairawhiti Native Land Court District-namely, 25* 388 1931, No. 32.] Native Purposes. [22 GEO. V.

(a) Anaura Block; (b) Kaiaua No. 1 Block; and (c) Kopuatarakihi No. 1 Block-are fair and equitable as representing the proportionate share that each owner was entitled to according to Native custom and usage. (2) If the Court finds that in any of the said cases the relative interests as ascertained and determined are not in its opinion fair and equitable, the Court shall have power to redetermine and redefine such interests in such manner as to it may seem just and reasonable and to make an order accordingly, and may cancel, vary, or amend any former order so far as it defines the relative interests. . (3) In ascertaining the relative interests of the owners of the respective lands the Court shall not be bound by any former order. of the Court or of the Appellate Court in respect of the relative interests of the owners, but shall be guided as far as possible by Native custom and usage. (4) Notwithstanding the provisions of section one hundred and fifty of the principal Act the Court may, if it :finds it necessary to do so for the purpose' of this section, cancel, vary, or amend any partition order heretofore made in respect of any of the said lands although finally or provisionally registered under the Land Transfer Act, 1915, and in such case the consent of any person who has acquired any interest by reason of an alienation shall not be required. (5) The inquiry to be made by the Court regarding the lands known as Kaiaua No. 1 and Kopuatarakihi No. 1 Blocks, or either of them, shall be limited to the relative interests allotted to or divided between the ancestors Makuraatea and Tangiawha and any of their descendants, and the inquiry to be made by the Court with regard to the land known as Anaura Block shall be limited to the relative interests awarded to or divided between the ancestor Whakarara and any of his descendants; but the Court shall not disturb or alter in any manner the relative shares or interests determined or awarded under an order of the Court made on the twenty-third day of February, nineteen hundred and eighteen, in pursuance of section three of the Native Land Claims Adjustment Act, 1913, with reference to the Anaura Block. Authorizing Court to 93. Whereas the Court has made an order pursuant to section exercise jurisdiction thirty-three of the Native Land Amendment and Native Land Claims as to Patutahi Block. Adjustment Act, 1922, determining the persons beneficially entitled to 1930, No. 29, 8.30 any compensation which may be allotted or become payable in respect of the grievances alleged in respect of the Patutahi Block referred to in the said section: And whereas amongst other claimants for admission into the list of beneficiaries was a section of Natives known as the Whanau-a-Kai hapu, whose claims for and in respect of the said hapu were rejected by the Court: And whereas it is alleged that, apart from their being members of the Whanau-a-Kai hapu, some of such persons would be entitled according to Maori custom to be admitted into the list of beneficiaries as members of the tribe or hapus to which the successful claimants belonged: And whereas it is desirable that the claims of these persons as distinct from any rights they claimed to have as members of the Whanau-a-Kai hapu should be investigated and dealt with: Be it therefore enacted as follows:- (1) The Court may hear and determine the claim of any member of the Whanau-a-Kai hapu to be included in the list of beneficiaries 22 GEO. V.] Native Purposes. [1931, No. 32. 389 settled by the Court under the order of the Court hereinbefore referred to, and the Court may make an order admitting into the list of beneficiaries such persons, being members of the Whanau-a-Kai hapu or being closely allied to them by relationship (and not being already included in the list), as are in the opinion of the Court entitled by reason of ancestry and occupation to be admitted and included: Provided that the claimants shall not be entitled to set up any " take" or right which has already been dismissed or ruled against by the Court or Appellate Court. (2) The Court shall have full jurisdiction to hear the said claim and may reopen the proceedings so far as in the opinion of the Court may be necessary for that purpose, but nothing in this section shall entitle any person to call in question any of the former decisions of the Court or of the Appellate Court with regard to the said matter: Provided that the Court shall not be estopped by any former decision from deciding upon the merits any claim of the persons mentioned in subsection one hereof, the intention of this section being to enable the members of Whanau-a-Kai hapu to establish their claims as individual members of one or more of the successful hapus or tribes as distinct from the claims formerly set up on behalf of the Whanau-a-Kai hapu. (3) If the Court admits any further beneficiaries it shall determine the relative interests they are entitled to either by readjusting and amending the relative interests already defined and allotted to the Rongowhakaata section, or by creating additional shares and allotting them to the new beneficiaries found by the Court. 94. All or any of the recommendations of the Court of Inquiry Report respecting made pursuant to section forty-seven of the Native Land Amendment Patutahi .Block and Native Land Claims Adjustment Act, 1928, _with regard to the ::;!ct~~ven Patutahi Block, may be given effect to either according to the terms of 1928, No. 49, s. 47 the recommendations or in accordance with any modified, varied, or extended terms that may be deemed just or expedient: Provided nevertheless that no payment under such recommendations shall be made unless and until the amount to be paid has been appro­ priated by Parliament for the purpose. 95. (1) The Governor-General may, on the recommendation of Governor·General the Tairawhiti District Maori Land Board, make an Order in Council ml~Y Pt~ohiblf'tN t' 'b' . li . f hid h . ft f d a lena Ion 0 a lve proh 1 Itmg a 11 a enatlOns 0 t e an s erema er re eITe to or land bordering on any of them. Any such Order in Council may be at any time varied ~:J.aremoana. or revoked. (2) All the provisions of sections four hundred and forty-three and four hundred and forty-four of the principal Act (relating to prohibition of alienation during negotiations for purchase by the Crown) shall apply during the currency of any such Order in Council to all Native land affected by the Order. (3) The lands affected by this section are the parcels of land situated in the Waikaremoana West Survey District, and known respectively as (1) Marau, (2) Te Puna, (3) Tikitiki, (4) Takanga, (5) Hopuaruahine East, (6) Hopuaruahine West, (7) Te Apiti, (8) Mokau, (9) Whakaari, (10) Taumataua, (11) Te Maara-o-te-Atua, (12) Waipai, (13) Timi Taihoa Reserve, and (14) Patekaha Island. 390 1931, No. 32.J Native Purposes. [22 GEO. V:

Tairawhiti Maori 96. Whereas pursuant to section ten of the Urewera Lands Act, Land Board to 1921-22, administer debentures to the value of twenty-nine thousand three hundred Waikaremoana and twenty-three pounds eight shillings and fourpence in respect of the debentures. cost of acquisition of the Waikaremoana Block (hereinafter referred to as the said debentures) were issued by the Minister of Finance to the Native Trustee, and it is desirable to make provision for the renewal or extension of such debentures and the administration thereof: Be it therefore enacted as follows :- (1 ) Notwithstanding the provisions of section ten of the U rewera Lands Act, 1921-22, the said debentures and any income arising therefrom shall as from the commencement of this Act vest in the Tairawhiti District Maori Land Board on behalf the beneficiaries entitled thereto respectively. (2) At or before the due date of the said debentures they or any of them may be renewed, extended, or exchanged for other debentures for such period and upon such conditions as may be agreed upon between the Minister of Finance and the Native Minister, and the provisions of sub~ection three of the said section ten shall apply to any renewed or extended debenture. (3) If and whenever the Native Minister is satisfied that it is in the interest of the beneficiaries entitled to the said debentures or any of them to apply any part of the principal or income to some purpose for the benefit of the beneficiaries or their families or any of them, he may on requisition in writing under his hand direct the Board to apply such sum as is stated in the requisition to the purpose therein set forth, and it shall be lawful for the Board to apply accordingly the money so requisitioned, and for such purpose the Board may raise or advance money upon the security of such debentures or any of them. Authorizing Court 97. The Court is hereby empowered to hear and deterruine the to exercise claim of any person being a descendant of the ancestor Paumea for jurisdiction respecting Marau admission into the title of the Marau Block, situated in the Tairawhiti Block. Native Land Court District, and to amend the title by including any person found entitled. The Court may reopen and determine the relative interests of the descendants of Paumea, including the additional persons (if any) admitted, and may amend, vary, or readjust the distribution of the sixty-six shares at present awarded to that section. Authorizing 98. In order to give effect to a recommendation of the Native appeal respecting wiU of Heni Affairs Committee of the House of Representatives, any person (except Parekuta Ahuroa as herein mentioned) aggrieved by a final order of the Native Land (deceased). Court made on the sixteenth day of August, nineteen hundred and twenty-three, in respect of the will of Heni Parekuta Ahuroa (deceased) may, notwithstanding any statutory provision to the contrary, appeal against such final order by notice of appeal given in the prescribed manner within six months after the commencement of this Act, and the Appellate Court is hereby authorized to hear and determine any such appeal. Nothing in this section contained shall apply to any person who has already brought an appeal against the said final order. (1) Matters affecting Aotea District. Enabling Chief 99. (1) In order to give effect to a recommendation of the Judge to exercise jurisdiction Native Affairs Committee of the House of Representatives on petition respecting Katere Number 121 of nineteen hundred and twenty-eight by Mere Renata, Pa. 1928, No.49, s. 27 22 GEO. V.] Native Purposes. [1931, No. 32. 391 the Chief Judge may amend, cancel, or vary a partition order dated the thirteenth day of August, nineteen hundred and fifteen, made in respect of the Katere Subdivision 1 Block, situate in the Aotea Native Land Court District. (2) It shall not be necessary for the Chief Judge to obtain the consent of the Governor-General in Council before exercising jurisdiction or making an order under section thirty-eight of the principal Act in respect of the said order of the thirteenth day of August, nineteen hundred and fifteen, nor shall the fact that an application under the said section has been dismissed for want of jurisdiction prevent a further application being made by the same or any other applicant. 100. Whereas the Court has pursuant to section thirty-three of the Adjusting compensation for Native Land Amendment and Native Land Claims Adjustment Act, Waipllkll.Patea 1922, made an order determining the persons who would be beneficially Reserve. entitled to any relief that may be granted to the Native owners in 1928, No. 49, s. 29 r.espect of the Waipuku-Patea Reserve Block, and it is desirable that provision should be made for the payment of compensation to the persons found by the Court to be entitled to the relief mentioned in the said section: Be it therefore enacted as follows:- (1) There shall be paid out of the Consolidated Fund to the Aotea District Maori Land Board such sum as shall be appropriated by Parliament for the purpose, whether in full satisfaction and discharge of all claims and demands for relief or by way of instalment on account of the relief sought to be granted. (2) Any payment made hereunder shall, subject to deduction of a reasonable commission for distributing the same, be held for and on behalf of the persons found entitled by the Court under an order made pursuant to the said recited section thirty-three, and may be paid to those persons 01' to the successors of such of them as are dead. (3) The provisions of section five hundred and fifty of the principal Act shall apply to the interest of the beneficiaries in all moneys payable or to become payable under this section as fully and effectually as if the moneys referred to were a trust fund held by the Board within the meaning of that section. 101. (1) The sum incurred by the Crown in settling the claims Survey charging­ order in respect of mentioned in section thirty-one of the Native Land Amendment and Reureu No. 1 Block Native Land Claims Adjustment Act, 1928, shall constitute an equitable may issue. charge upon so much of the Reureu No. 1 Block, situate in the Aotea Ibid., s. 31 Native Land Court District, as still remains Native land. (2) The Court may make an order or orders charging upon the land concerned the money paid as if it were the cost incurred by the Crown in a survey executed under the principal Act, and the provisions of Part XXI of the principal Act shall extend and apply thereto. 102. Whereas it has been ascertained that the area hereinafter Validating inclusion of land in Bulls mentionerl, although used and intended to be reseryed in connection rifle-range. with the adjoining rifle-range, was never legally reserved or set apart 1929, No. 19, s. 58 for such purpose: Be it therefore enacted as follows :- There shall be deemed to be and to have been excepted from the provisions of section fifty-eight of the Native Land Amendment and Native Land Claims Adjustment Act, 1929, as from the commencement of that Act, an area of land, part of the old river-bed described in the said section fifty-eight, containing one acre one rood and thirty-four 392 1931, No. 32.] Native Purposes. [22 GEO. V. perches, as the same is delineated on a plan recorded in the Survey Office at Wellington as W.D. 4219, and the said area of land is hereby added to and shall be deemed to form part of the land reserved for the purpose of a rifle-range under the provisions of section thirty-five of the Reserves and other Lands Disposal and Public Bodies Empowering Act, 1910, and any order of the Court made in respect of the said area of land to the contrary shall be cancelled or amended accordingly. Providing for 103. Whereas the Native owners of the land known as the reservation and 1 99, administration of Manukorihi A Block, described in certificate of title, Volume Manukorihi Po., folio 93, of the Taranaki Registry, are desirous of making a gift Waitara. thereof or of some part thereof for use in connection with the 1930, No. 29, s. 26 Manukorihi Native Pa: Be it therefore enacted as follows:- (1) The provisions of section two hundred and ninety-eight of the principal Act shall apply to the land known as Manukorihi A 1 Block, ~otwithstanding that it may not be owned by more than ten owners III common. (2) The land known as Manukorihi A 2 Block, which was set apart and reserved as a Native reservation by the Governor-General by Order in Council dated the twentieth day of September, nineteen hundred and twenty-six, published in the Gazette of the twenty-third day of September, nineteen hundred and twenty-six, page 2795, hereinafter referred to as Manukorihi Pa, together with any portion of the Manukorihi A 1 Block hereinbefore referred to which has been or may be set aside as a Native reservation, shall be deemed to be one Native reservation and to be for a meeting-place for the common use of the members of the Atiawa Native Tribe, including the beneficial owners of the said land. Any person or body corporate in which the said Manukorihi Pa is vested shall hold and administer the same accordingly, and the land comprised in the said Manukorihi Pa and any further land therein included shall be deemed to be free and exempt from payment of rates to any local authority. (3) It shall be in the power of the person or body corporate in whom the administration of the said Manukorihi Pa is vested under the said section two hundred and ninety-eight to acquire by purchase, lease, or gift any land being any part of the Manukorihi A 1 Block or being land adjoining or adjacent to t.he said Manukorihi Pa, and when so acquired such lands shall be deemed to become a Native reservation under the principal Act and form part of the said Manukorihi Pa. (4) The Governor-General may from time to time, by Order in Council, make such regulations as he thinks fit for the administration and control of the said Manukorihi Pa and as to the use thereof or any part thereof by any person, and may in like manner impose fines not exceeding twenty pounds for any breach of those regulations. The regulations made on the seventh day of July, nineteen hundred and fourteen, relative .to Native reservations shall not apply to the said Manukorihi Pa. Vesting part of 104. Whereas the land described in subsection four hereof (herein­ Na.tive Reserve "R" after referred to as the said land) is now vested in His Majesty the King New Plymo~th, in under and by virtue of the provisions of the Special Powers and the New Plymouth Borough Council. Contracts Act, 1881, and it is desirable to revoke the reservation over the said land and to vest the said land in the New Plymouth 22 GEO. V.] Native Purposes. [1931, No. 32. 393

Borough Council, subject to the conditions herein set forth: Be it therefore enacted as follows:- (1) The reservation over or the setting-apart of the said land as a reserve for a Native canoe-station is hereby revoked. (2) The said land or so much thereof as is capable. of being clothed with a legal title is hereby vested in the Mayor, Councillors, and Burgesses of the Borough of New Plymouth, for an estate of freehold in fee-simple, freed from all and every trust to which the said land is or was subject at any time prior to the commencement of this Act, but subject to the reservation or condition that every person being a Native within the meaning of the principal Act shall for .. the purpose of obtaining access to and from the seashore have the right (free of charge) of entering upon and passing over the said land at all reasonable times by such path or way as the registered proprietor of the said land may from time to time reasonably direct or prescribe. (3) The District Land Registrar is hereby authorized to issue a certificate of title for the said land to the New Plymouth Borough Council, and shall endorse thereon a memorandum of the reservation or condition set forth in subsection two hereof. For the purpose of the issue of such certificate of title the District Land Registrar may require the deposit of a plan in accordance with the regulations for the time being in force in that behalf. (4) The land referred to in this section is that parcel of land situate in the Borough of New Plymouth formerly containing by admeasurement three roods, and being part of the land known as Reserve "R": As the same is described in item Number 16 in the second column of the Schedule to the Special Powers and Contracts Act, 1881, and in conveyance registered under Number 14185 in the Deeds Registry Office at New Plymouth. 105. Whereas pursuant to section six of the West Coast Settle- Providing for ment Reserves Amendment Act, 1915, the Court by an order made on at~; t" e the ninth day of June, nineteen hundred and sixteen, purported to Sett~ment. a. IV vest portions of the land described in the said section-namely, the parcels containing in the aggregate four hundred and fifty-one acres and four perches, more or less, and designated by the Court as Parihaka Numbers 9, 10, llA, and 51 (hereinafter referred to as the said land)- in ten persons upon certain trusts. And whereas doubts have arisen a.s to the validity of such order, and it is desirable to confer upon the Court the jurisdiction herein appearing: Be it therefore enacted as follows :- (1) Upon the commencement of this Act the said land shall cease to be subject to the West Coast Settlement Reserves Act, 1892, and shall revest in the beneficial owners thereof. (2) (a) The order made on the ninth day of June, nineteen hundred and sixteen, is hereby cancelled, and the Court is directed to ascertain and determine the names and relative interests of the persons entitled as owners of the said land and to make an order accordingly. Such order shall take effect as a partition order as from the ninth day of June, nineteen hundred and sixteen, subject, however, to any order that may have been made under the next succeeding subsection. (b) In exercising jurisdiction under this subsection the Court shall not be bound by any Crown grant or former title to the said land, nor 394 1931, No. 32.] Native Purposes. [22 GEO. V.

by any previous finding of the Court, and may take into consideration the necessity of affording protection to those who have been occupying or residing upon any part of the land, and may, if it thinks it expedient, admit any such persons into the title under such conditions as it thinks fit. (3) (a) The Court may, notwithstanding that an order has not been made under the last preceding subsection, and without the necessity of the consent prescribed by Part XVII of the principal Act, make in respect of the owners of the said land an order of incorporation under the said Part XVII. (b) Notwithstanding anything to the contrary in the said Part XVII, the Committee of Management of the said land may consist of any number of persons not exceeding ten. (4) The Court shall have jurisdiction to inquire and determine whether any stock now or heretofore depasturing upon the said land or any stock or personal property used or employed in connection with the said land or any money in the hands of any bank, company, or person ought in its opinion to be vested in the body corporate constituted under this section, and to make one or more orders vesting the same or any part thereof accordingly; and every order shall take effect according to its tenor. The Court may, pending the settlement of any dispute regarding any moneys, direct that the moneys concerned be paid to the Maori Land Board, whose receipt shall be a sufficient discharge therefor in the same manner as if the money had been paid to the persons entitled thereto. (5) The parcels of land known as Parihaka 9, Parihaka 10, together with such part not exceeding fifty acres of Parihaka IIA as the Court may by its order determine, shall be hereafter exempt from rating under the Rating Act, 1925.

(g) Matters affecting lkaroa District. Funds from disposal 106. Notwithstanding anything to the contrary contained in the of part of Town Land Act, 1924, all proceeds of the alienation or use or occupation Section 306, Napier, to be used for of the land comprised and described in certificate of title, Volume Native purposes. 4, folio 290, of the Hawke's Bay Registry, and being part of Section 1930, No. 29, s. 31 306 of the Town of Napier, or arising in any other manner therefrom shall, without further appropriation than this Act, be paid to the Maori Purposes Fund Control Board to be expended or applied by that Board for such purpose as the Native Minister may from time to time approve, being for the benefit of the members of the Hawke's Bay and Wairoa sections of the Ngati - Kahungunu Tribe either generally or for any section or individual thereof. Exempting Maori 107. The land containing ten acres in extent, being part of that agricultural college comprised and described in certificate of title, Volume 54, folio 248, of from rates. Ibid, 9. 32 the Hawke's Bay Registry, and being part of Lot I, on Deposited Plan Number 2142 of the Ngatarawa Number 4 Block, situate in the Hawke's Bay Registration District, and the buildings erected thereon and used for the purpose of a Maori agricultural college, shall not be " rateable property" within the meaning of the Rating Act, 1925, and shall be exempted from the levy or payment of rates thereon while used for the purpose of the said agricultural college. 22 GEO. V.] Native Purposes. [1931, No. 32. 395

108. All or any of the recommendations of the Court of Inquiry Authorizing. made pursuant to section forty-seven of the Native Land Amendment ::~~~~nt~~:g' and Native Land Claims Adjustment Act, 1928, with regard to the Block to be carri:d Aorangi Block, may be given effect to either according to the terms out. of th e recommen d a tIOns· or In. accor d ance WI'th any mo dme, d varle . d , or 1928' No. 49 , B. 4'1 extended terms that may be deemed just or expedient: Provided nevertheless that no payment under such recommenda­ tions shall be made unless and until the amount to be paid has been appropriated by Parliament for the purpose. (h) Matters affecting South Island District. 109. (1) The Crown shall hold the islands referred to in section Enab!inl!i C?ur.t t? thirty-two of the Land Act, 1924, in trust for the persons :;~=~unsdictlOn found by the Court to be beneficially entitled thereto and for their beneficiaries of successors in title, and shall administer and deal with the same in Titi Islands. accor d ance WIt. h t h e sal'd sectIOn. t h'Irty-two, excep t tha t'It sh a 11 not 1921-22' No. 62 , B. 11 be necessary to formally consult the Native owners before making regulations thereunder. (2) The Court shall have and be deemed to have had exclusive jurisdiction to determine relative interests, appoint successors, effect exchanges, and appoint trustees for persons under disability in respect of the beneficial ownership of the said islands as fully and effectually as if the said islands were Native freehold land subject to the principal Act, and may exercise such jurisdiction notwithstanding that the person in respect of whose interest the jurisdiction is to be exercised is not a Native as defined by' the principal Act, if he be a descendant of a Native as so defined. (3) No will, whether of a Native or European, shall have any effect as regards the beneficial ownership of the said islands or any of them, and the beneficial owners shall have no power of alienation or disposition of the respective islands or their interests therein. 110. Whereas under the South Island Landless Natives Act, 1906 South Island landless Natives' (since repealed), and under section eighty-eight of the Reserves and lands enabling. other Lands Disposal and Public Bodies Empowering Act, 1916, 1923, No. 32, B. 17 authority was given to provide land for landless Natives as therein mentioned: And whereas various areas of Crown land in pursuance of the powers in that behalf have been or may be permanently reserved for the purpose: Be it therefore enacted as follows :- (1) Where the names of persons deemed to be beneficial owners of any land so reserved as aforesaid, or any part thereof, have been published in the Gazette or Kahiti and titles therefor have not already been issued, the District Land Registrar of the appropriate land registration district is authorized, on the request of the Native Minister or any person interested, to issue a certificate of title vesting any part of such land in fee-simple in the persons named in such Gazette or Kahiti for an estate in fee-simple as tenants in common in the relative interests set out, which relative interests shall be expressed in shares in lien of acres. Such title shall antevest as from the date of the land being permanently reserved for the purpose. (2) Where the names of the persons deemed to be entitled have not been published as aforesaid and the Governor-General is satisfied 396 1931. No. 32.] Native Purposes. [22 GEO. V.

that the beneficial owners have been ascertained after due inquiry, the Governor-General may, by Warrant under his hand, direct the District Land Registrar to issue a certificate of title for any such land to which they may be found entitled to the persons so deemed to be entitled, and the District Land Registrar is authorized to issue certificates of title accordingly, vesting the land in the persons entitled as tenants in common in the relative interests set out. Such title may be antevested to any date named in the Governor-General's Warrant. (3) All titles issued under the preceding subsections shall have a memorial endorsed thereon that they are issued under and subject to the provisions of this section. Such titles may issue although persons named therein may be deceased, and the interest of any person so deceased shall enure for the benefit of any successor appointed by the Court. (4) All land permanently reserved and allocated in favour of landless Natives under the enactments in this section first recited (whether titles are issued under this section or otherwise) shall be deemed to be Native land within the meaning of the principal Act, and so far as their interest in such land is concerned the beneficial owners, if descendants of Natives, shall be deemed to be Natives within the meaning of the principal Act, and all the provisions of the principal Act as modified hereby shall apply accordingly. (5) Notwithstanding anything in the principal Act contained,' no alienation hereafter made by way of sale or exchange of land mentioned in the last preceding subsection to any person other than the Crown shall be valid without the consent of the Governor-General in Council. The said land, or any interest therein, may' be acquired~..lhy and alienated to the Crown as fully and freely and in the same~: manner as if it was ordinary Native land or land within the meaning of the principal Act and any statutory provision to the contrary is declared not to affect such lands. (6) If and whenever the said land or any portion thereof is not the subject of an alienation or is not in the occupation of any of the beneficial owners, the Governor-General may, by Order in Council published in the Gazette, resume such land or any part thereof, and thereupon the said land shall again become Crown land freed and discharged from any right or claim thereto by the beneficial owner. The former beneficial owners thereof shall be entitled to compensation as if the land had been taken for a public work, and all the provisions of the Public Works Act, 1928, as to payment and assessment of compensation shall apply accordingly. (7) Where the Court is satisfied that any beneficial owner cannot be found and that it is in the interests of the owner or in the public interest that the land should be alienated, it may make an order appointing the Native Trustee to execute as agent and in the name of the owner any instrument of alienation, which instrument may be confirmed, and shall thereupon have the same force and effect, and may be registered in the same manner, as if executed by the owner. All proceeds of any such alienation shall be paid to the Native Trustee, who shall hold the same in trust for the person beneficially entitled thereto. The death of the owner, either before or after the granting of such Court order, shall not invalidate any alienation entered into in good faith. 22 GEO. V.] Native Purposes. [1931, No. 32. 397

(8) All land referred to in this section shall be deemed to be subject to the operation of section thirty of the Mining Act, 1926. Ill. (1) \Vith regard to all that parcel of land in Block IX, Link- M~pa.wa Native water Survey District, being Section 39, adjoining Sections II and 27 ~hlel!~~~:'t!ry of that survey district, and known as the Mahakipawa Native Cemetery, ma:s: be used by declared to be a cemetery within the meaning of the Cemeteries Act, NatlVllll. 1908, it shall be the duty of the trustees appointed in respect of such 1929, No. 19,8.6] cemetery to protect, as far as possible, the graves of any Natives buried in such cemetery. (2) The Natives shall have full right of ingTess and regress in and upon such cemetery for the purpose of burying their dead, subject to the supervision of the trustees, and no fees shall be chargeable for the burial of any Native in such cemetery, or for the land required therefor. 112. The Court is hereby authorized to rehear the application Autho~ . upon which an order was made dated the twenty-first day of Janua!y, c::=~:v~g runeteen hundred and fourteen, in respect of the Cobden NatIve Tbid.,8. 62 Reserve mentioned and described in section twenty-eight of the Native I ... and Amendment and Native Land Claims Adjustment Act, 1920, and to ascertain and determine the persons entitled as beneficiaries of the said land, and to define their relative interests. The Court may amend the said order in accordance with its findings.

PART VII. GENERAL. 113. Words used in this Act authorizing the appointment of any Pow~r of person by the Governor-General or by the Native Minister shall include ~c1ude~m;:;er of the power to remove or suspend him, or reappoint or reinstate him, or removal. appoint another person in his stead, in the discretion of the authority in whom the power of appointment is vested, and in like manner to appoint another in place of any deceased, absent., or otherwise incapacitated holder of such appointment. 114. Where land is being administered by the Native Trustee Authorizing Native under section twenty-five of the Native Trustee Act, 1930, he may l::d~:;~~t make advances from the Native Trustee Account to or on behalf of land administered any Native owner in respect of his share or interest in the land or any by him. part thereof either by way of anticipation or otherwise. This section shall take effect as from the commencement of the Native Trustee Act, 1930, and any payments already made are hereby validated. 115. (1) A Maori Land Board, the Native Trustee, the East Coast Power to adjust Commissioner, and every other statutory trustee shall have with regard ;::i::r:res. to any Native land vested in them, and with respect to any lease of such land, power to reduce any rent paya.ble, to remit any rent payable or any part thereof, or to extend the time for payment of such rent for such period and upon such conditions as the lessor may think expedient. (2) Subject to the consent of the mortgagee (if any) and of any assignee of the rent claiming under a valid assignment, and notwithstanding anything contained in the principal Act to the contrary, any lessor of Native land may accept payment of a lesser sum than the rent reserved in and by any lease in full satisfaction of the rent payable 398 1931, No. 32.] N alive Purposes. [22 GEO. V.

under such lease, may remit any portion of the rent so reserved, or may extend the time for payment of any rent for such period and upon such terms as the lessor and lessee may agree. (3) With respect to every lease of Native land situate within its district, including leases granted by a Maori Land Board, by the Native Trustee, by the East Coast Commissioner, or by any other statutory trustee, a Maori Land Board may, with the consent of the Native Minister and after due inquiry in each case, make an order, subject to such conditions as it shall think expedient to impose, either (a) reducing the rent payable under such lease, or (b) remitting any portion of the rent payable under such lease, or (c) extending the time for payment of the rent for any period that the Board thinks expedient. An order made lmder this section shall, subject as aforesaid, take effect according to its tenor, and may be registered under the Land Transfer Act, 1915. (4) This section shall apply to rent already accrued and in arrear as well as to rent which may hereafter accrue, and the fact that any agreement or order is made hereunder shall be a good defence to any claim for rent under the lease. (5) The powers granted by this section shall cease at the end of four years from the passing of this Act, and in no case shall any concession of rent extend beyond that period. AssJgllments to 116. Nothing in section two hlmdred and sixty-one or in section certain Boards permitted. five hundred and fifty of the principal Act shall prevent any alienation, 1925, No. 40, ss. 5, 6 assignment, mortgage, charge, or other disposition, whether by way of 1926, No. 64,8. 16 anticipation or otherwise, in favour of the Arawa District Trust Board, the Tuwharetoa Trust Board, or the Taranaki Maori Trust Board, or any of them, of any rent, purchase-money, or other money which may become receivable by a Native in respect of his int~rest, whether legal or equitable, in any Native land or in respect of any alienation thereof, and, notwithstanding the death of the beneficiary or anyone claiming through or under him, such alienation, assignment, mortgage, charge, or other disposition shall continue to remain valid and enforce- able. . Provision for control 117. The Governor-General may by Order in Council confer upon of Native the Court jurisdiction to appoint a Board of Trustees and to vest in burial-grounds. such Board the control and management of any Native burial-ground mentioned in the Order in Council, and to make regulations or by-laws for the conduct and administration thereof, and thereupon the Court shaH have jurisdiction to make such order or orders as it thinks expedient, and may in its discretion appoint any European as a mpmber of such Board. Repeals. Repeals. 118. (1) The Acts referred to in the Schedule hereto are hereby repealed to the extent indicated, and in any case in which the extent of the repeal is not specified the whole of the Act is hereby repealed. (2) Notwithstanding the repeal of any such Act or portion thereof, every power and act which may be necessary to complete, carry out, or compel the performance or exercise of any statutory power or authority granted by the repealed enactment and in force at the time of its repeal shall, in so far as they are not inconsistent with this Act, continue and be in force for the purpose of continuing and perfecting 22 GEO. V.] Native Purposes. [1931, No. 32. 399 any act, matter, or thing thereunder, or for the purpose of holding any inquiry or the investigation, issue, or registration of any title thereunder. (3) When the Governor-General is authorized under any Act hereby repealed to make, grant, or issue his Warrant for the issue of a certificate of title in favour of any person, he may act in pursuance of that authority in the same manner as if this Act had not been passed. (4) Where any provision in any Act other than the Acts mentioned in the Schedule hereto has heretofore been amended or modified by any of those Acts, and such amendment or J;llodification is subsisting at the passing of this Act, the repeal shall not operate to repeal any such amendment or modification, but the same shall continue to have effect as if this Act had not been passed.

SCHEDULE. Schedule. ENACTMENTS REPEALED. 1896, No 18 (Local}.-The Horowhenua Block Act, 1896. 1902, No. M.-The Native and Maori Land Laws Amendment Act, 1902. 1903, No. 92.-The Maori Land Laws Amendment Act, 1903. 1906, No. 51.-The Maori Land Claims Adjustment and Laws Amendment Act, 1906. 1906, No. 1 (Local}.-The Horowhenua Block Act Amendment Act, 1906. 1907, No. 69.-The Ngatimaru Landless Natives Act, 1907. 1907, No. 70.-The Purangi Landless Natives Act, 1907. 1907, No. 76.-The Maori Land Claims Adjustment and Laws Amendment Act, 1907. 1908, No. 253.-The Maori Land Laws Amendment Act, 1908: Except sections 1 and 37. 1908, No. 19 (Local}.-The Waipuka Block Road Revesting Act, 1908. 1908, No. 35 (Local}.-The Otago Heads Native Reserve Road Act, 1908. 1910, No. 82.-The Native Land Claims Adjustment Act, 1910. 1910, No. 10 (Local}.-The Kaiapoi Reserve Act, 1910. 1911, No. 35.-The Native Land Claims Adjustment Act, 1911. 1912, No. 25 (I_ocal}.-The Kaiapoi Reserve Act, 1912. 1913, No. 7l.-The Native Land Claims Adjustment Act, 1913. 1915, No. 63.-The Native Land Amendment and Native Land Claims Adjustment Act, 1915 : Except sections 1 and 19. 1916, No. 12.-The Native Land Amendment and Native Land Claims Adjustment Act, 1916. 1917, No. 25.-The Native Land Amendment and Native Land Claims Adjustment Act, 1917. 1918, No. 13.-The Native Land Amendment and Native Land Claims Adjustm!'nt Act, 1918. 1919, No. 43.-The Native Land Amendment and Native Land Claims Adjust.ment Act, 19B): Except sections 1 and 32. 1920, No. 63.-The Native Land Amendment and Native Land Claims Adjustment Act, 1920. 1921-22, No. 62.-The Native Land Amendment and Native Land Claims Adjustment Act, 1921-22: Except sections 1 and 19. 1922, No. 48.-The Native Land Amendment and Native Land Claims Adjustment Act, 1922. 400 1931, No. 32.] N alive Purposes. [22 GEO. V.

1923, No. 32.-The Native Land Amendment and Native Land Claims Adjustment Act., 1923: Except sections 1 and 28. 1924, No. 45.-The Native Land Amendment and Native Land Olaims Adjustment Act, 1924: Except sections 1 and 40. 1925, No. 4.0.-The Native Land Amendment and Native Land Olaims Adjustment . Act, 1925. 1926, No. M.-The Native Land Amendment and Native Land Olaims Adjustment Act, 1926: Except sections 1 and 14. 1927, No. 67.-The Native Land Amendment and Native Land Olaims Adjustment Act, 1927. 1928, No. 49.-The Native Land Amendment and Native Land Olaims Adjustment Act, 1928. 1929, No. 19.-The Native Land Amendment and Native Land Olaims Adjustment Act, 1929: Except sections 1 and 29. 1930, No. 29.-The Native Land Amendment and Native Land Olaims Adjustment Act, 1930: Except sections 1, 18, and 19.