666
THE NEW ZEALAND GAZETTE.
No. 21

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

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-fifth day of February, 1905.

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 bona 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:

And whereas the Tairawhiti District Maori Land Council, by recommendations made on the eighteenth day of January, one thousand nine hundred and five, and received on the twenty-seventh day of January, one thousand nine hundred and five, has recommended the Governor to 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 sale, the blocks or parcels of land particularised and set out in the Schedule hereto:

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 acting 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 sale, the blocks or parcels of land particularised and set out in the Schedule hereto.

———

SCHEDULE.

All that parcel of land, situate in the County of Waiapu, containing 70 acres, more or less, known as Orua No. 5a, being the land comprised in partition order of the Native Land Court dated the 26th day of September, 1904, in favour of Heni Nohoaka and Tuta Nihoniho.

All that parcel of land, situate in the County of Waiapu, containing 32 acres 2 roods 28 perches, more or less, known as Makarika B, being the land comprised in partition order of the Native Land Court dated the 27th day of September, 1904, in favour of Tuta Nihoniho and Heni Nohoaka.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

———

Removing Restrictions against Alienation of Native Land.

PLUNKET, Governor.

WHEREAS by section fourteen of “The Maori Land Laws Amendment Act, 1903,” it is enacted that, notwithstanding anything to the contrary in any Act, or in any Crown grant or other instrument of title, the Governor may, on the recommendation of the Council, remove any restriction on the alienation of land owned by Maoris: Provided that the decision of the Governor on any recommendation of the Council shall be given within six months from the date of the receipt of such recommendation:

And whereas the Tairawhiti District Maori Land Council, by recommendations made and passed by the said Council on the eighteenth day of January, one thousand nine hundred and five, and received on the twenty-seventh day of January, one thousand nine hundred and five, recommended the Governor to remove and revoke the restrictions against alienation contained in the instruments of title of the blocks of land particularised and set out in the Schedule hereunder written, to enable the said lands to be sold:

Now, therefore, I, William Lee, Baron Plunket, the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred upon and vested in me by the said Act, and of all other powers and authorities me thereunto enabling, and in accordance with the recommendation of the Tairawhiti District Maori Land Council aforesaid, do hereby remove and revoke the restrictions now existing against the alienation of the blocks of land particularised and set out in the Schedule hereto, to enable the said lands to be sold.

———

SCHEDULE.

All that parcel of land, situate in the County of Waiapu, containing 70 acres, more or less, known as Orua No. 5a, being the land comprised in partition order of the Native Land Court dated the 26th day of September, 1904, in favour of Heni Nohoaka and Tuta Nihoniho, and containing the following restrictions: “Inalienable by sale or mortgage, or by lease for a longer period than twenty-one years.”

All that parcel of land, situate in the County of Waiapu, containing 32 acres 2 roods 28 perches, more or less, known as Makarika B, being the land comprised in partition order of the Native Land Court dated the 27th day of September, 1904, in favour of Tuta Nihoniho and Heni Nohoaka, and containing the following restriction: “Inalienable by sale.”

As witness the hand of His Excellency the Governor, this twenty-fifth day of February, one thousand nine hundred and five.

J. CARROLL.

———

Notifying Land in Wellington Land District for Sale by Public Auction.

PLUNKET, Governor.

IN pursuance of the powers and authorities conferred upon me by the one-hundred-and-thirteenth section of “The Land Act, 1892,” I, William Lee, Baron Plunket, the Governor of the Colony of New Zealand, do hereby appoint Wednesday, the twelfth day of April, one thousand nine hundred and five, as the time at which the land enumerated in the Schedule hereto shall be sold by public auction; and I do hereby fix the price at which the said land shall be sold as that mentioned in the said Schedule hereto.

———

SCHEDULE.

WELLINGTON LAND DISTRICT.—AKITIO COUNTY.—MOUNT CERBERUS SURVEY DISTRICT.—RISING SUN BLOCK.

Weighted with £550, valuation for improvements, comprising creamery and plant.

The section is situated on the Waihi-Akitio Road. The access is from Waione and Pongaroa by summer dray-road, with the exception of about one mile and a half, which is cleared only. The soil is of good quality, resting on papa formation.

As witness the hand of His Excellency the Governor, this twenty-eighth day of February, one thousand nine hundred and five.

T. Y. DUNCAN,
Minister of Lands.

———

Rural Lands in Westland Land District open for Selection on Lease in Perpetuity.

PLUNKET, Governor.

IN pursuance and exercise of the powers and authorities conferred upon me by section one hundred and thirty-six of “The Land Act, 1892,” and section two of “The Bush and Swamp Crown Lands Settlement Act, 1903,” I, William Lee, Baron Plunket, the Governor of the Colony of New Zealand, do hereby declare and provide as follows, that is to say:—

1. The rural lands described in the Schedule hereto are hereby set apart for disposal by way of selection on and after the tenth day of May, one thousand nine hundred and five, at the rentals specified in the said Schedule.

2. The said lands may be selected on lease in perpetuity only, as provided by section one hundred and twenty-one of “The Land Act, 1892,” as they contain, or are supposed to contain, metal, mineral, or valuable stone, and shall not be purchased for cash.

3. For the purposes of “The Bush and Swamp Crown Lands Settlement Act, 1903,” the lands described in the