✨ Maori Land Court Jurisdiction and Leasing
Nov. 21.] THE NEW ZEALAND GAZETTE. 3387
of subsection ten of section fourteen aforesaid, have jurisdiction as in the said subsection mentioned: Provided that the Court shall not proceed to exercise such jurisdiction unless the Governor in Council shall by Order authorise the same to be done:
And whereas the land specified in the Schedule hereto is land in respect whereof the Court has jurisdiction as aforesaid, and it is expedient that the Court should be authorised to exercise the same:
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, by and with the advice and consent of the Executive Council of the said Dominion, doth hereby authorise the said Court to exercise in respect of the said land the jurisdiction conferred as aforesaid—that is to say, to determine whether or not the said land, or any part thereof, was, on the investigation of the title thereto, intended by the Native Land Court, or by the nominal owner or owners of such land, to be held by such nominal owner or owners in trust for Natives not named in the title, and to determine who are the several Natives (if any) entitled beneficially to such land, and to order the inclusion of such Natives in the title, either together with or in lieu of the nominal owners or any of them, and for the purpose aforesaid to order the cancellation or amendment of any existing instruments of title, and the issue of such new Crown grants or other instruments of title as may be necessary, and generally to exercise in respect of the said land all the jurisdiction and powers conferred on the Native Land Court by subsection ten of section fourteen of “The Native Land Court Act, 1894.” And it is hereby declared that this Order is made under the provisions in that behalf of “The Native Land Court Act, 1894,” and of “The Land Titles Protection Act, 1902,” and that this Order shall operate accordingly as a consent of the Governor in Council to the proceedings hereby authorised.
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SCHEDULE.
ALL that piece or parcel of land, containing 600 acres, more or less, situate at the Chatham Islands, and known as Kekerione No. 2.
ALEX. WILLIS,
Clerk of the Executive Council.
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Empowering Native Land Court to hold Inquiry under “The Land Titles Protection Act, 1902.”
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PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eighteenth day of November, 1907.
Present:
His Excellency the Governor in Council.
WHEREAS the land known as Awapuni 1A, situate in the Land District of Hawke’s Bay, is held under a partition order of the Native Land Court bearing date the thirteenth day of October, one thousand eight hundred and eighty-six, and is part of the land originally comprised in a memorial of ownership bearing date the twenty-fourth day of October, one thousand eight hundred and seventy-seven; And whereas amongst the owners of the said land there appears the name of Tawa Wakaatere:
And whereas it is alleged that the name of the said Tawa Wakaatere was erroneously inserted in the said memorial of ownership, and that the name of one Rota Wakaatere should have appeared therein instead of the name of the said Tawa Wakaatere:
And whereas section two of “The Land Titles Protection Act, 1902,” provides, inter alia, that in the case of Native land the validity of any order of the Native Land Court which has subsisted for not less than ten years prior to the passing of that Act shall not be called in question in any Court unless with the consent of the Governor in Council first had and obtained:
And whereas, after due inquiry, as provided by the said section two, the Governor in Council is satisfied that a prima facie case has been established, and that it would be inexpedient to dispose of it by remedial legislation or any other procedure which would obviate litigation:
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of all powers and authorities in that behalf vested in him by “The Land Titles Protection Act, 1902,” and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby consent to inquiry being made by the Native Land Court to ascertain whether or not the name of the said Tawa Wakaatere was erroneously inserted in the aforesaid memorial of ownership, and whether or not the name of Rota Wakaatere was intended to be inserted in such memorial of ownership in lieu of the name of the said Tawa Wakaatere, and for the purpose of rectifying such error (if any) doth hereby authorise the said Court to make such amendment in the said memorial of ownership, and in any documents of title issued pursuant thereto, as to the said Court shall appear to be necessary and equitable.
ALEX. WILLIS,
Clerk of the Executive Council.
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Increasing Area of Maori Land that may be acquired by Lessee.
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PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eighteenth day of November, 1907.
Present:
His Excellency the Governor in Council.
WHEREAS by section twenty-six of “The Maori Lands Administration Act, 1900,” as amended by “The Maori Lands Administration Act, 1901,” and “The Maori Land Laws Amendment Act, 1903,” after enacting that “it shall not be lawful for any person to acquire, for himself or on behalf of any other person, either by purchase, lease, or gift, any Maori land, unless previous to the execution of the instrument of acquisition he has deposited with the Council a declaration in form required by ‘The Land Act, 1892,’ declaring that he is acquiring the land for his own use, and that, including the land to be acquired, he does not hold or own more than two thousand acres of freehold land, inclusive of not more than six hundred and forty acres of first-class land,” it was, inter alia, provided “that in cases where the land is of poor quality or broken, or suitable for pastoral purposes only, the Governor in Council may, on the recommendation of the Council for the district in which such land is situate, increase the area of land that may be acquired to such an extent as shall be advisable and insure the taking up of such lands”: And whereas, by virtue of the operation of section three of “The Maori Land Settlement Act, 1905,” the Ikaroa Maori Land Board constituted under the provisions of that Act is the successor in office of the Ikaroa Maori Land Council, which was constituted under the provisions of the said “Maori Lands Administration Act, 1900”: And whereas the said Ikaroa Maori Land Board, having regard to the provisions of said section twenty-six, on an application by one Frederick Delannoy Luckie, of Ngamatia, in the Provincial District of Wellington, sheep-farmer, to lease the undermentioned lands, inquired into the nature and quality of all the said lands, being (1) all that parcel of land situated in the Mangamaiare, Horotea, and Motupuha Survey Districts, in the Provincial District of Wellington, containing fifty-one thousand five hundred and eighty-eight acres three roods ten perches, being the block of land called and known as the Owhaoko D7 Block, and being the whole of the land comprised in certificate of title, Register-book, Volume 103, folio 8, Wellington Registry; (2) all that parcel of land situated in the said Provincial District of Wellington, containing one thousand three hundred and seventy-five acres, being Section No. 2 of the Owhaoko D5 Block, and part of the land comprised in certificate of title, Register-book, Volume 103, folio 15; (3) all that parcel of land situated in the said Provincial District of Wellington, containing one thousand three hundred and seventy-five acres, being Section No. 3 of the Owhaoko D5 Block, and part of the land comprised in certificate of title, Register-book, Volume 103, folio 15; (4) all that parcel of land situated in the said Provincial District of Wellington, containing five thousand five hundred acres, being Section No. 4 of the Owhaoko D5 Block, and part of the land comprised in certificate of title, Register-book, Volume 103, folio 15: And whereas the said Board, being satisfied, as the result of such inquiry, that the land hereinbefore firstly, secondly, thirdly, and fourthly described is of poor quality and broken, and suitable for pastoral purposes only, recommend the Governor in Council, pursuant to the powers contained in said section twenty-six, and pursuant to all other lawful powers enabling him in that behalf, to issue an Order in Council increasing the area of land that might be acquired by lease to such an extent as to insure the taking-up of the said lands:
Now, therefore, in pursuance and in exercise of the powers vested in him by the said section twenty-six of “The Maori Lands Administration Act, 1900,” and of all other powers in anywise enabling him in this behalf, His Excellency the Governor of the Dominion of New Zealand, acting by and
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✨ LLM interpretation of page content
🪶
Conferring Jurisdiction on Native Land Court
(continued from previous page)
🪶 Māori Affairs18 November 1907
Jurisdiction, Native Land Court, Chatham Islands, Kekerione No. 2, Land Titles Protection Act
- Alex. Willis, Clerk of the Executive Council
- Plunket, Governor
🪶 Authorizing Inquiry into Land Ownership Error
🪶 Māori Affairs18 November 1907
Land inquiry, Native Land Court, Hawke's Bay, Awapuni 1A, Tawa Wakaatere, Rota Wakaatere, Land Titles Protection Act
- Tawa Wakaatere, Alleged erroneous insertion in memorial of ownership
- Rota Wakaatere, Alleged correct name for memorial of ownership
- Alex. Willis, Clerk of the Executive Council
- Plunket, Governor
🪶 Increasing Area of Maori Land Lessee May Acquire
🪶 Māori Affairs18 November 1907
Land leasing, Maori land, Area limit increase, Ikaroa Maori Land Board, Frederick Delannoy Luckie, Owhaoko blocks, Pastoral purposes
- Frederick Delannoy Luckie, Applicant to lease Maori land
- Plunket, Governor
NZ Gazette 1907, No 99