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12 GEO V 1921 No 62 Native Land Amendment and Native Land

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12 GEO V 1921 No 62 Native Land Amendment and Native Land 582 1921, No. 62.] Native Land Amendment and Native [12 GEO. V. Land Olaims Adjustment. New Zealand. ANALYSIS. Title 14. Empowering the District Land Registrar to L Short Title. register a lease of Lot 2 of the Rotoiti No. 4 Block. 15. Enabling the Court to rehear the applications A mendments to Native Land Laws. for succession to Roani Tatana (alia8 Roani 2. Section 92 of the Native Land Amendment te Kaka), deceased, in Ararepe No. 1 and Act, 1913, amended. other blocks. 16. Authorizing the Court to inquire into the 3. Enabling Crown and European.owned land to making of succession orders to Maihi te be included in scheme of consolidation of Uata (deceased) in Te Whetu 3B No. 3 interests. and another block, and to amend them, 4. Providing for the exception from an order if neceSBary. of incorporation of any portion of the 17. Empowering the Court to redetermine the incorporated block. relative interests of the owners ot tbe 5 Public buildings owned by Natives may be Ngamotu Block. vested upon trust in certain persons. 18. Directing the Court to rehear the application 6. Providing a fund, out of interest derived for succession to Te Owai Hakaraia (de­ from money invested by Maori Land Boards, ceased) in the Rangit,aiki Lot 41A No. 90 for necessary expenditure in connection Block. with Maori secondary schools. 19. Governor-General in Council deemed to have 7. Authorizing Maori Land Boards to pay con­ had power to impose eertain condition~ sideration-money for transfer or assignment when granting extension of period within of lease under Part XVI of Native Land which the Tongariro Timber Company is Act, 1909, to the Native owners. required to complete construction of a 8. Section 9 of Native Land Amendment and certain railway. Native Land Claims Adjustment Act, 1920, 20. Provisions relating to cession by Native amended. owners of certain lands near Lake Okataina to be held by His Majesty in trust for scenic 9. Provision for validation of wills made by purposes. infants, being Native members of ilie New 21. Sections 116 and 117 of Public Works Act, Zealand Expeditionary Force. 1908 (relating to roads), not to apply to sale or subdivision of land situate within AdjUBtment of OlaimB. the Ohinemutu Pa. 22. Authorizing issue of certificate of title to 10. Granting power to the Waerengaahika Trust beneficial owners of the Opoutama Native Board to borrow money upon the security Reserve. of lands vested in it. 23 Section 31 of Native Land Amendment and 11. Enabling the Native Land Court to ascertain Native Land Claims Adjustment Act, 1920, and determine the names of other Natives amended. entitled to rights in the Titi Islands. 24. Authorizing the Court to inquire and deter­ 12. Empowering the Court to redetermine and mine the rightful successors to Wiripine redefine, if necessary, the relative interests :Makaia and Harawira te RM resppctively. in which the Natives hold the Pouakani 25. Enabling compensation to be paid for lands Block. near Wairoa taken for purposes of East 13. Authorizing the Court to ascertain and de­ Coast Main Trunk Railway. termine the rightful successors to Tarahuia 26. Granting jurisdiction to the Court to ascertain Nahona (deceased) in Kinohaku East No_ 2 and determine the beneficial owners of Section 9 Block. Tutuotekaha No. 1 Block. 12 GEO. V.] Native Land Amendment and Native [1921, No. 62. 583 Land Claims Adjustment. 27. Vesting Sections 2 and 3, Block Ill, Aroha 32. Empowering Native Appellate Court to in­ Survey District, in the Native Trustee in quire into and report on the claims and trust for certain Native owners. allegations contained in petition No. 293 28. Governor-General may make regulations au­ of 1919, of Ngawharewiti TiwaL thorizing Ngati-Tuwhai"etoa to take trout 33. Granting leave to appeal against orders of or other fish in Lake Roto-Aira. t.he Court determining the ownership of 29. Exchanging Section 14, Block H, Mount Te Araroa Native Township. Fyffe Survey District, for Native Reserve E 34. Compensation in respect of Kenepuru 2A. B 1 in the Town of Kaikoura. and Kenepuru 4A. Blocks. 30. Validating a transfer of Otangaroa No. 10 35. Chief Judge may refer matters mentioned No. 1 to Tau Shepherd. in Schedule to the Court or a Judge 31. Vesting Wainui, or Section 313, Parish of or Commissioner for investigation and Waimana, in trustees for the Ringatu report Church. Schedule. 1921-22, No. 62. AN ACT to further amend the Laws relating to Native Lands, and Title. to determine certain Claims and Disputes in relation to Native Lands, and to confer Jurisdiction upon the Native Land Court and the Native Appellate Court, and for other Purposes. [11th February, 1922. BE IT EN ACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the s~me, as follows :- 1. This Act may be cited as the Native Land Amendment and Short Title. Native Land Claims Adjustment Act, 1921-22. Amendments to Native Land Laws. 2. Section ninety-two of the Native Land Amendment Act, 1913, Section 92 of the is hereby amended by the addition of the following subsection :- Native Land Amendment Act "(4. ) N 0 money reqUIre. d b y a B oard to b e pal'd as III. t his sectIOn. 1913, amended•• provided, nor any deposit or investment representing such money, nor any income arising therefrom, shall be assets in the bankruptcy of the person for the time being beneficially entitled thereto or pass to the assignee of that bankruptcy." 3. (I.) If and whenever the Crown has purchased any Native land Enabling Crown and or any interest in Native land in any district and it seems desirable that ~u~ka:-~~e~ d the interests of the Crown or of Natives who have not sold to the Crown i~nschem: ~~c u e should be respectively consolidated, the Native Land Court is hereby ?o:,soli!ation of empowered and authorized to carry out such a scheme of consolidation In res. as it approves and to make orders accordingly, defining the interest of the Crown and vesting in Natives such portions of the land affected by the scheme as the Court shall decide. (2.) An order may be made in favour of His Majesty although the land named in such order may not have been wholly transferred to the Crown, and on the making of such order the land named therein shall absolutely vest in the Crown, freed and discharged from the interests of the Native owners as if instruments of transfer had been duly executed by all nec~ssary parties. (3.) The Court may recommend that any land vested in His Majesty be vested by way of exchange in any Native who, in the opinion of the Court, should receive the same, and the Governor-General may execute a Warrant authorizing the issue of a certificate of title accordingly. 584 1921, No. 62.] Native Land Amendment and Native [12 GEO. V. Land Claims Adjustment. (4.) For the purpose of the consolidation of the interests of any Native owners in two or more blocks of land the Court may grant to any Native an interest in any block, notwithstanding that such Native may not theretofore have had any interest in that block, and may give to the land being the subject-matter of that interest such name as it thinks fit, notwithstanding that a title may have been issued by some other name. (5.) If for the purpose of carrying out the scheme it is deemed advisable to include land or interests in land owned by Europeans, the Court may make an order vesting any Native land in Europeans or vesting European land in Natives subject to any existing encumbrances. The provisions of the Native Land Act, 1909, and its amendments, as to limitation of area, or as to the vesting of limited area" in disqualified persons, shall not apply to any land contained in any such order. (6.) For the purposes of this section the Court may, by way of exchange or III such other manner as it thinks fit, vest in any Native any interests acquired by the Crown but which have not been declared Crown land. (7.) The District Land Registrar is hereby authorized to cancel, vary, or amend any title that may be registered or provisionally registered under the Land Transfer Act, 1915, in accordance with the orders of the Court; but no such cancellation, variation, or amendment shall take away or affect any right or interest acquired in good faith and for value prior to the order of the Court. For the purpose of correcting any error that may have inadvertently occurred the Court shall be deemed to have authority to make such order as may be necessary to restore or preserve the rights of any person prejudicially affected. (8.) Any Crown land or European land vested in Natives under this section shall be deemed to be Native freehold land subject to the Native Land Act, 1909, and may be dealt with accordingly. Providmg for the 4. (1.) The Native Land Court shall have Jurisdiction to exclude exception from an order of from time to time from any order of incorporation any portion of the _ tncorporatlOD of any area of land in respect of which it was made, and may make an order portIOn of the mcorporated block. accordingly. (2.) By the same or any subsequent order the land so excluded may be vested for an estate of freehold in fee-simple, and in one or more lots, in any persons whom the Court finds to he beneficially entitled thereto.
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