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New Zealand Gazette – 1856 – No. 32

Page 256

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✨ Text of Legislation

256

In cases of special hardship, Commissioners |
may increase amount of acres in grant.
Maximum of 2560 acres not to be exceeded
except in special cases.
Governor not to issue grants in any case for
more land than conveyed in any existing
grant.
Pre-emptive Waiver Claims—
One-fourth of value to be paid for land to
be granted under proclamation of
10th October, 1841.
Grants in such cases not to exceed 500 acres
with additional quantity as compensation.
One-fourth of the value to be paid for such
compensation land.
VI. GENERAL PROVISIONS.
Where lands to which claimant may be
declared entitled have been alienated
Commissioners may direct compensation
in other land. Quantity to be given
how to be estimated.
General power to Commissioners to inves-
tigate cases of proved injustice and
award compensation.
Derivative claims may be heard under this
Act, and in cases of dispute decision of
Commissioners binding.
No subdivision of original claim to extend
grant.
In cases of subdivision, Commissioners to
make such award as may seem fit.
No compensation to be given in money
scrip or indefinite land credits.
No land over which Native title not ex-
tinguished or required by General or
Provincial Governments for public pur-
poses to be granted.
Where Native title not extinguished Go-
vernor may at cost of claimant cause it
to be extinguished.
No lands to be recommended for a grant
until marked out on the ground by a
surveyor.
Governor to prescribe rules as to shape of
blocks.
Governor may issue Grants of Waste Lands
in conformity with the provisions of this
Act.
Commissioners may order surveys, and
charge costs of same to grantees.
Allowance in land to be made for surveys.
Compensation to be given to the amount of
fees paid in respect of Crown Grants.
Compensation to be awarded out of lands
claimed else out of lands specially re-
served for the purpose.
Grantees at their own cost to select land.
In case of opposition, Commissioners may
give costs to either party.
Validity of grant under this Act.
Proceedings under this Act need not be con-
ducted according to the strict letter of the
law.
Fees to be paid by suitors.
How to be disposed of.
No grants to be issued or proceedings taken
till all fees paid.
Commissioners to enquire into land transac-
tions in which aboriginal women and
half-caste children are concerned, and re-
port the result to the Governor.
Interpretation.
Short title.
Schedules A, B, C.

Title.

Preamble.

Recital of Ordinances
of Legislative Council,

AN ACT to provide for the final settlement of claims arising out of dealings with
the Aborigines of New Zealand.
(Assented to August 16th, 1856.)

W HEREAS sundry claims to land have arisen within the Colony
of New Zealand in respect of dealings with the aboriginal
inhabitants thereof:

And whereas sundry Crown Grants have been issued in respéct
of the aforesaid claims under the Public Seal of the Colony of New
Zealand :

And whereas, for the settlement of the said claims or the ren-
dering valid the said Grants, the undermentioned Ordinances have
been from time to time passed by the Governor and Lieutenant-Go-
vernor and the Legislative Council of the said Colony.

"Session 1, No 2—An Ordinance to repeal within the said Colony of
New Zealand a certain Act of the Governor and Legislative Council of
New South Wales, made and passed in the 4th year of the reign of her
present Majesty, and adopted under an Ordinance of the Governor and
Legislative Council of New Zealand, for extending the Laws of New
South Wlaes to the said Colony of New Zealand, and which said Act of
the Governor and Council of New South Wales is intituled 'An Act to
empower the Governor of New South Wales to appoint Commissioners
with certain powers to examine and report on Claims to Grants of Land
in New Zealand,' and also to terminate any Commission issued under
the same, and to authorise the Governor of the Colony of New Zealand
to appoint Commissioners with certain powers to examine and report on
claims to Grants of Land therein, and to declare all other titles except
those allowed by the Crown null and void.