Num. 70. 2203

SUPPLEMENT
TO THE
NEW ZEALAND GAZETTE
OF
THURSDAY, AUGUST 16, 1906.
Published by Authority.

WELLINGTON, FRIDAY, AUGUST 17, 1906.

Rules of Procedure laid down by District Maori Land Boards.

Native Department,
Wellington, 16th August, 1906.

IT is hereby notified for general information that the several District Maori Land Boards constituted under “The Maori Land Settlement Act, 1905,” have resolved and agreed to adopt and lay down a general mode of procedure to be followed, where applicable or appropriate, in respect of applications for approval of lease, or for recommendation to His Excellency the Governor to remove restrictions or consent to sale or mortgage.

Forms of application can be obtained from this office.

H. F. EDGER,
Under-Secretary.

PROCEDURE LAID DOWN BY DISTRICT MAORI LAND BOARDS UNDER “THE MAORI LAND SETTLEMENT ACT, 1905.”

1. ALL applications to the Board are to be sent to the Under-Secretary for Native Affairs, Wellington.

2. Applications are to be made in duplicate, on the forms set out in the Schedule hereto, and to be accompanied by the enclosures therein referred to, also in duplicate, viz.,—
   (1.) Particulars of the title to the land. (Form N-C.)
   (2.) Certified copy of the latest Government valuation of the land.
   (3.) Declaration (under section 26) by the proposed purchaser or lessee, showing also other lands owned by him. (Form N-D.)
   (4.) Schedule of other lands owned by intending Maori vendors or lessors. (Form N-E.)
   (5.) Preliminary agreement for sale or lease, if any.

3. All applications will be notified in the Gazette and Kahiti for hearing at a time and place to be specified in such notice, not being less than fourteen clear days after the publication of the notice. Such notice will be issued under the authority of the President of the Board for the district.

4. Where the land the subject of any application is in the possession or occupation of any person other than the applicant, the Board will, if so requested, hear such person in possession or occupation on the matter of the said application, and take such evidence as may be adduced by him; and, in the case of an application relating to sale or mortgage, will, when forwarding its recommendation to the Governor, attach thereto a copy of such evidence, together with such recommendation (if any) in regard thereto as the Board deems fit.

5. The Board will not entertain a bare proposal to lease, but will require the application to be supported by a lease or a preliminary agreement to lease signed by a sufficient number of the Maori owners to guarantee its bona fides.

6. If the Board decides to approve a proposed lease, such approval will in the first instance be provisional only; the formal approval will not be indorsed on the lease until it has been fully signed, as hereinafter set out.

7. The Board may fix a period, not exceeding six months, within which the signing of the lease by the Maori owners must be completed. At any time after the expiration of such fixed period, if the signatures of all the Maori owners have not been obtained, the Board may (1) refuse its formal approval, or (2) grant further time for the obtaining of the signatures outstanding (including successors to deceased owners), or (3) approve the lease for that area of the block represented by the shares or interests of the Maori owners who have signed.

8. Where there are two or more rival lessees or intending lessees presenting leases or proposed leases of the same land, the Board may (1) approve of one or more of such leases to the exclusion of the other or others; (2) approve of both or all of such leases or proposed leases; (3) refuse approval to all such leases or proposed leases, and, if it thinks fit, report to the Minister that the land should be dealt with under the provisions of section 8 of the Act (if within a district to which the section applies).

9. In every case where the Board approves of the lease or proposed lease of less than the whole of the land comprised in any instrument of title, it may impose the condition that the lessee or intending lessee shall pay such proportion of the cost of a partition survey, cutting off the area so approved, as the Board decides to be equitable. Before indorsing its final approval the Board may require a survey and plan to be furnished of the area comprised in any such lease.

10. The Board in determining whether to approve a proposed lease will consider whether such lease is for the