Text of Legislation




259

  1. The Commissioners may, either at the instance of a party
    or of their own motion, in any case of doubt upon a question of law,
    submit a case thereon in writing to any Judge of the Supreme Court,
    who shall certify his opinion thereon in writing to the Commis-
    sioners, and the Commissioners shall follow such opinion.

Questions of law may
be submitted by Com-
missioners for the
opinion of one of the
Judges of the Su-
preme Court.

III. CLAIMS NOT TO BE HEARD.

  1. It shall not be lawful for the Commissioners to entertain or
    investigate any claims in any of the following cases-
    Classes of claims
    which shall not be
    heard by the Com-
    missioners.

  2. In which the claim shall not have been made and notified in writing to
    the Government of the Colony prior to the passing of this Act.
    No new claims to be
    heard.

  3. In which the claims shall have been heard and allowed wholly or in
    part, and in respect of which the claimant shall have accepted in satis-
    faction of such claim, compensation in money or debentures, or a grant
    of land.
    Nor claims in right of
    which grants have
    been issued.

  4. In which the claim shall have been heard by a former Commissioner
    and disallowed, except as hereinafter provided, with respect to claims
    arising under the Proclamation of the 10th of October, 1844.
    Nor Claims under the
    Proclamation of the
    10th October, 1844,
    already disallowed.

  5. In which the right of the claimant to have his claim heard and decided
    under a former Law, shall have lapsed through default of the claimant,
    except as last aforesaid.
    Nor where claim
    lapsed through default
    of claimant.

  6. In which the claimant shall not, before the 1st day of July, 1858, have
    notified his intention to have his claim heard under the provisions of this
    Act.
    Claims to be prefer-
    red.

IV.—PROCEEDINGS WITH RESPECT TO VOIDABLE GRANTS.

  1. The Attorney-General shall, on behalf of Her Majesty, by
    notice in the form or to the effect prescribed in the Schedule B, to
    this Act annexed, to be published in the "Government Gazette," call
    on and require the person or persons interested in or holding or
    claiming title under any Crown grant heretofore issued in respect of
    any of the aforesaid claims, made of Lands over which it may be
    alleged that the Native title has not been extinguished, or in which
    it may be alleged that there is such uncertainty of description as
    would render the same void or voidable in Law, or that there is not
    a map which has been approved of by the Government of the lands
    granted, delineated, or endorsed thereon, to produce such Crown
    Grant to the said Commissioners, on or before some specified day,
    and also by the same or any other such notice, to specify some day
    for hearing and determining the validity of such Grant; provided
    that no such proceeding shall be initiated after the 1st day of July,

  2. Attorney General to
    call in voidable grants.

  3. The Commissioners on the day specified in such notice,
    shall, after due proof thereof, proceed to examine the Grant, and
    shall proceed according to rules to be established as aforesaid in that
    behalf.
    Commissioners to ex-
    amine grant.

  4. If at the time and place appointed, such Grant be not
    produced, or if on production thereof, and on examination of the
    circumstances, it shall appear that the native title over the land
    granted, or over any part thereof, is not extinguished; or that there
    Grants not produced
    or found void to be
    declared so; Commis-
    sioners decision to
    have same effect as
    repeal by scire facias.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1856, No 32





✨ LLM interpretation of page content

🏛️ Continuation of Act regarding settlement of Aboriginal claims and voidable grants (continued from previous page)

🏛️ Governance & Central Administration
16 August 1856
Legislation, Land Claims, Supreme Court, Voidable Grants, Native Title, Commissioners, Procedure
  • Attorney-General