β¨ Land Claims Act Sections
265
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In case of any opposition to any grant or claim (except the In case of opposition
opponent be of the native race or a half caste), the Commissioners may, Commissioners
if they think fit, award such costs as they may deem reasonable, not give costs to either
exceeding the expenses actually incurred to be paid by either party party.
to the other. -
Every grant of land made in pursuance or purporting to be Validity of grant
made in pursuance of this Act, shall be deemed and taken to be a under this Act.
good, valid, and effectual conveyance of the land thereby intended to
be conveyed, against Her Majesty, Her Heirs and Successors, and
against all other persons whatsoever. -
All proceedings under this Act may be conducted, not ac- Proceedings under
cording to strict law, but according to equity and good conscience ; this Act need not be
and no informality whatever shall vitiate such proceedings. And in conducted according to
all cases not specially provided for by this Act, the Commissioners the strict letter of the
shall make such orders and adjudications, and give such directions law.
as shall in their judgment be most agreeable to equity and good con-
science, and as nearly as may be in accordance with the provisions
of this Act. -
There shall be paid the fees and expenses set forth in the Fees to be paid by
table in the Schedule A to this Act annexed, and a table of such suitors.
Fees and Expenses shall be published in the "Government Gazette." -
All such fees and expenses shall be paid into a common How to be disposed of
Fund, out of which the salaries and expenses incident to the Com-
mission shall be defrayed, and the deficiency, if any, shall be de-
frayed out of the General Revenue of the Colony. -
No Grants shall be issued nor any proceedings taken under No grants to be is-
the provisions of this Act, until payment has been made of the res- sued or proceedings
pective fees prescribed in the Schedule of Fees appended to this Act. taken until all fees paid -
And whereas there are cases in which aboriginal native Commissioners to en-
women have married men not being aborigines, and there are children quire into land trans-
of such marriages, and there are also other children where the ma- actions in which abori-
ternal parent only is of the native race; and whereas various tran- ginal women and half-
sactions in Land have taken place in reference to such persons, and caste children are con-
it is expedient that enquiry should be made into such cases with a cerned, and report the
view to make a just provision for the same. Be it therefore further result to the Gover-
enacted, that the Commissioners appointed under this Act shall make nor.
full enquiry into all such cases, and report the evidence taken, and
their opinions thereon to the Governor. -
The term "Governor" shall mean the Officer for the time Interpretation.
being lawfully administering the Government of the Colony of New
Zealand. Words importing the singular number shall include the
plural number, and words importing the plural number shall include
the singular number, and words importing the masculine gender only,
shall include females. -
This Act may be cited for all purposes, as "The Land Short title.
Claims Settlement Act, 1856."
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β¨ LLM interpretation of page content
ποΈ
Concluding sections of The Land Claims Settlement Act, 1856
(continued from previous page)
ποΈ Governance & Central Administration16 August 1856
Legislation, Land Claims, Settlement Act, Commissioners, Fees, Native Rights, Interpretation
NZ Gazette 1856, No 32