Native Land Court Exceptions




Nov. 15.] THE NEW ZEALAND GAZETTE. 2067

Native Land Court Act, 1894” (hereinafter called “the said Act”), for a limited period or otherwise, and either generally or for such purposes and subject to such restrictions as shall be in such Order specified, any land, wheresoever situate, which is for the time being subject to the operation of the said section, or any interest therein or right over the same, or may in like manner make such exception in favour exclusively of any lessee or other person who has been bonâ fide in occupation of and has made improvements on such land, or has paid money to Native owners for lease or purchase thereof, prior to the passing of the said Act: Provided that no Order in Council under the provisions of this section shall take effect until after the expiration of two months from the date of the publication thereof in the Gazette: Provided also that every alienation under the provisions of this section shall be confirmed by the Court in terms of section fifty-three of the said Act:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred by section four of “The Native Land Laws Amendment Act, 1895,” and by and with the advice and consent of the Executive Council of the said colony, doth hereby except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894,” for the purpose of alienation by way of lease, the lands set out in the Schedule hereto.

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SCHEDULE.

All that piece or parcel of land, situate in the Provincial District of Auckland, known as Waitakaruru No. 2d, containing 1,230 acres, more or less, and being the whole of the land comprised in an order of the Native Land Court dated the 29th day of April, 1898, which said order is registered in the Provincial Register in the Office of the District Land Registrar at Auckland, Vol. xxvii., folio 50.

All that piece or parcel of land, situate in the Provincial District of Auckland, known as Waitakaruru No. 2e, containing 187 acres 2 roods 25 perches, more or less, and being the whole of the land comprised in an order of the Native Land Court dated the 27th day of July, 1898, which said order is registered in the Provincial Register in the office of the District Land Registrar at Auckland, Vol. xxvii., folio 47.

ALEX. WILLIS,
Clerk of the Executive Council.

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Excepting Land from Operation of Section 117 of “The Native Land Court Act, 1894.”

———

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fourteenth day of November, 1900.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS by section four of “The Native Land Laws Amendment Act, 1895,” it is enacted that the Governor may, by Order in Council, except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894” (hereinafter called “the said Act”), for a limited period or otherwise, and either generally or for such purposes and subject to such restrictions as shall be in such Order specified, any land, wheresoever situate, which is for the time being subject to the operation of the said section, or any interest therein or right over the same: Provided that no Order in Council under the provisions of this section shall take effect until after the expiration of two months from the date of the publication thereof in the Gazette: And provided also that every alienation under the provisions of this section shall be confirmed by the Court in terms of section fifty-three of the said Act:

And whereas the Native owners of the lands described in the Schedule hereto are desirous of selling the timber upon the said lands, and have applied to His Excellency the Governor for the Order herein contained to enable them to sell the said timber, and to grant all such other rights over the said lands as are hereinafter mentioned:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities hereinbefore recited, and of all other powers and authorities him thereunto enabling, and acting by and with the advice and consent of the Executive Council of the colony, does hereby except the said lands from the operation of section one hundred and seventeen of the said Act, and, as far as he is empowered to do so, from the operation of any other statute in force in New Zealand restricting the alienation of Native land, or of any right, interest, or estate therein, for the purpose of enabling the owners, or any one or more of the owners, thereof to sell the timber upon the said lands, or parts thereof, upon such terms as to them shall seem fit; and also, for the purposes

aforesaid, to let or grant licenses over the said lands, or any part or parts thereof, for the term of thirty-three years or any less term, and so that any such lease or license may contain provisions empowering the lessee or licensee to do all such things upon the said lands, or any part or parts thereof, as may be necessary or expedient for the purpose of empowering the lessee or licensee to cut, stack, and clear away the timber upon the said lands, or any part thereof, or any other lands, including the constructing, maintaining, and using on the said lands, or any part thereof, all necessary tramways, roads, bridges, cuttings, dams and watercourses, mills, buildings, and other erections, and all plant necessary for the purpose of carrying on sawmilling and of cutting and conveying to market the said timber. And for all and each of the purposes aforesaid each and every of the owners of the said lands, and any trustee or trustees for such owners, may execute any conveyance, grant, assurance, lease, or license of the said land: but provided always that a valid provision is made whereby, as soon as the timber has been cut and removed from any part of the said land not being land actually occupied by ways, buildings, erections, or plant, or required for such purposes, such land reverts or is conveyed to the owners freed from all rights thereover and interests therein; and provided further that, before any such lease or license shall be confirmed by the Native Land Court, the lessee or licensee shall execute a deed of covenant or undertaking to be made between him and Her Majesty the Queen in the form or to the effect of a draft deed already prepared, and now lying in the office of the Native Minister in Wellington for inspection.

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SCHEDULE.

All those parcels of land, situate in the Provincial District of Auckland, containing together 10,130 acres, more or less, being the several blocks or parts of blocks following, that is to say: Pouakani B No. 6e, 4,333 acres; Pouakani B No. 6b, 1,783 acres; Pouakani B No. 6c, 1,400 acres; Pouakani B No. 6d, 864 acres; Pouakani D No. 2 (part), 1,500 acres; Pouakani C No. 4, 250 acres. Bounded on the north by Crown land, being other portion of the Pouakani B No. 6 Block acquired by the Crown; on the south by the Tihoi Block; on the east by the Tatau West Block; and on the west by the Maraemanuka Stream, and from its source by a direct line parallel to the eastern boundary of the said piece of land running in a southerly direction to the boundary of the Tihoi Block. And also all those parcels of land, situate in the Provincial District of Auckland, containing together 10,000 acres, more or less, being parts of the Tihoi Block, that is to say, Tihoi No. 4, Tihoi No. 2. Bounded on the north by the Pouakani B No. 6, C No. 4, and D No. 2 Blocks; on the west by a direct line, 270 chains, about parallel to and distant 370 chains from the western boundary of the Tatau West Block; on the south by a direct line parallel to and distant 250 chains from the southern boundary of the Pouakani D No. 2 Block; and on the east by the Tatau West and Whangamata No. 1 Blocks.

ALEX. WILLIS,
Clerk of the Executive Council.

———

Excepting Land from Operation of Section 117 of “The Native Land Court Act, 1894.”

———

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fourteenth day of November, 1900.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS by section four of “The Native Land Laws Amendment Act, 1895,” it is enacted that the Governor may, by Order in Council, except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894” (hereinafter called “the said Act”), for a limited period or otherwise, and either generally or for such purposes and subject to such restrictions as shall be in such Order specified, any land, wheresoever situate, which is for the time being subject to the operation of the said section, or any interest therein or right over the same, or may in like manner make such exception in favour exclusively of any lessee or other person who has been bonâ fide in occupation of and has made improvements on such land, or has paid money to Native owners for lease or purchase thereof, prior to the passing of the said Act: Provided that no Order in Council under the provisions of this section shall take effect until after the expiration of two months from the date of the publication thereof in the Gazette: Provided also that every alienation under the provisions of this section shall be confirmed by the Court in terms of section fifty-three of the said Act:

Now, therefore, His Excellency the Governor of the Colony



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VUW Te Waharoa PDF NZ Gazette 1900, No 95





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🪶 Order in Council excepting lands from Native Land Court Act restrictions (continued) (continued from previous page)

🪶 Māori Affairs
14 November 1900
Native Land Court Act, Land Exception, Auckland, Timber Sale, Lease Rights
  • Alex. Willis, Clerk of the Executive Council
  • Ranfurly, Governor
  • The Right Honourable R. J. Seddon, Presiding in Council