1368
THE NEW ZEALAND GAZETTE.
[No. 70

Trustees under Maori Real Estate Management Acts, 1867 and 1877, appointed.

WM. F. DRUMMOND JERVOIS, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twentieth day of October, 1887.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by “The Maori Real Estate Management Act, 1867” (hereinafter called “the said Act”), it is enacted that, if any title to or interest in any hereditaments shall accrue to any Maoris, who or any of whom shall be infants, lunatics, or under legal disability, it shall be lawful for the Governor in Council, if he think fit, to order that such hereditaments, or any part thereof or interest therein, as shall to the Governor in Council be shown to belong to such infant or lunatic or other person under legal disability shall be vested in Trustees, as the Governor in Council shall think fit:

And whereas by “The Maori Real Estate Management Act Amendment Act, 1877,” it is provided that, in all cases in which no Trustee of such estate of any infant Maori prior to the passing of the said last recited Act has been appointed, the Governor may appoint such Trustee only on the recommendation of a Judge of the Native Land Court:

And whereas, in pursuance of orders bearing dates as contained in the first column of the Schedule hereto, made by the Judge named in the second column thereof, the persons named in the third column were recommended to the Governor as Trustees under the said Acts on behalf of the persons named and under the disability described in the fourth column, in respect of the real estate described or referred to in the fifth column, for estates therein derived as mentioned in the sixth column:

Now, therefore, His Excellency the Governor of New Zealand, with the advice and consent of the Executive Council of the said colony, in exercise and pursuance of the powers and authorities vested in him by the said Acts, doth hereby order that the interests and shares of the persons under disability named in the Schedule hereto in the block of land referred to therein shall be and remain vested in the several persons named in the third column thereof as Trustees within the meaning and for the purposes of the said Acts for the said persons respectively during the term or terms of their minority or other disability; the said parcel of land having the area and boundaries set forth in the Crown grants, certificates of title, and memorials of ownership affecting the same, and in the record maps in the office of the Surveyor-General.

SCHEDULE.

J. W. FORTESCUE,
(For Clerk of the Executive Council.)

Regulations under “The West Coast Settlements Reserves Act, 1881.”

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-fifth day of October, 1887.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by “The West Coast Settlement Reserves Act, 1881,” it is enacted that the Governor in Council may from time to time make, alter, and revoke regulations, inter alia, for the proper administration and management of West Coast Settlement Reserves, for the advertising, preparing, and issuing leases thereof, and generally for the more effectual administration of the Act, and for regulating the duties of all officers employed therein: And whereas the Governor did, by Order in Council dated the thirteenth day of February, one thousand eight hundred and eighty-three, make regulations upon which leases of the said reserves for agricultural purposes should be advertised, prepared, and issued: And whereas it is expedient to revoke portion of the said regulations: And whereas from divers unforeseen causes it has happened that the rent contracted and covenanted to be paid by divers lessees to whom leases have been issued under the said regulations has become altogether disproportionate and excessive, and the continued enforcement of which will compel the lessees to protect themselves under the bankruptcy laws of the colony or otherwise to abandon their leases, to the loss and detriment of the Natives for whom the lands so leased are held in trust: And whereas no sufficient provision exists whereby relief can be given to the lessees, and the impending loss to the Natives be minimised:

Now, therefore, His Excellency the Governor, in pursuance and exercise of the power and authority conferred upon him by the said Act, and by and with the advice and consent of the Executive Council of the colony, doth hereby revoke the regulation numbered fourteen of the said regulations of the thirteenth day of February, one thousand eight hundred and eighty-three; and by and with the like advice and consent, and in exercise of the like power and authority, His Excellency the Governor doth hereby make the following regulations for the more effectual administration of the Act, and for regulating the duties required thereunder, that is to say,—

1. In these regulations, if not inconsistent with the context, “the Board” means the Board of the Public Trust Office, and other words shall have the meaning given to them in and by the said recited regulations.

2. Any lessee may apply to the Public Trustee for relief from the burden of his rent. Such application shall be in the form in the First Schedule hereto, and the allegations therein shall be verified by the statutory declaration of the applicant.

3. The Public Trustee shall, upon the receipt of any such application, refer the same to the Reserves Trustee, who shall forthwith consult with and obtain the assistance of one or more leading Natives who are beneficiaries in the grant or title of the land of which the particular lessee so applying as aforesaid shall hold any part or parts or the whole, and also make such other inquiries as he shall be able, and make his written report thereon.

4. Upon receipt of such report the Public Trustee shall lay the application and all other papers connected therewith before the Board, who shall consider the same, and decide whether or not it is expedient that the lessee should be granted any, and, if any, what, remission of rent either already accrued and in arrear or thereafter to accrue due.

5. If such decision shall be adverse to the application, the same shall be final for a period of at least twelve months from the date of such decision, and shall not be reconsidered at any time afterwards, unless upon a second or renewed application.

6. If no or no sufficiently-responsible beneficiary will consent to assist the Reserves Trustee in the inquiries and report he is hereinbefore directed to make, he shall proceed without their assistance; and in every case in the report of the result of his inquiries he shall state whether the same is based either wholly or partially upon the opinion of the said leading Natives or otherwise.

7. If the Board shall be of opinion that it is expedient to grant relief, and that a failure or neglect to afford the same would result in a monetary loss to the beneficiaries by reason of the inability of the lessee to continue payment of his rent according to the tenor of the lease, the Board shall proceed to consider what remission or reduction of rent would be reasonable and proper having regard to the interest of the beneficiaries entitled to the receipt of the same, and the Public Trustee shall instruct the Reserves Trustee to notify in writing to the lessee the decision of the Board.

8. Such notification may be by letter addressed to the last-known address of the lessee, and posted in the ordinary way of transmission by post,