June 4.] THE NEW ZEALAND GAZETTE. 1585

Excepting Land 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-third day of May, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., 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 Waikato District Maori Land Board, by a recommendation made on the eighteenth day of December, one thousand nine hundred and seven, and received on the eighteenth day of March, one thousand nine hundred and eight, 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 block or parcel of land particularised and set out in the Schedule hereto:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon him 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 Dominion, doth hereby except the said land 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.

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SCHEDULE.

All that piece or parcel of land, situate in the Piako County, containing 1,000 acres, more or less, known as Te Au-o-Waikato No. 1, and comprised in a partition order of the Native Land Court dated the 20th day of November, 1905, in favour of Karika Paeahu.

ALEX. WILLIS,
Clerk of the Executive Council.

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Conferring Extended Jurisdiction upon the Native Land Court.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-third day of May, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS application was made to the Native Land Court to cut off three thousand acres from the Awai ti Block and to vest the same in trustees, but the Court, after expressing doubts as to its powers to create a trust, but being of opinion that section fifteen of “The Native Land Court Act, 1894,” might meet the difficulty, adjourned the matter to a future sitting:

And whereas at the future sitting on the twenty-fifth day of September, one thousand eight hundred and ninety-six, the hearing was continued, and the three thousand acres partitioned off, and called Awai ti No. 2, and the same was then vested in Epiha Taha, Paora Tiunga, and Tame Hoani; but the Court order therefor does not show whether there was a trust, and disputes have arisen among Maori owners of the whole Awai ti Block as to whether the aforesaid Natives held as trustees or not, also as to what the trusts were (if any):

And whereas one thousand five hundred acres of Awai ti No. 2 was sold to the Crown, and that portion partitioned off to the Crown, and partition orders made for the balance area—namely, No. 2b, five hundred acres, to Paora Tiunga, and No. 2c, one thousand acres, to Epiha Taha; and afterwards the Crown purchased No. 2b, of five hundred acres:

And whereas it is necessary to settle the disputes that have arisen as to whether the said three Native owners of Awai ti No. 2 Block were trustees or not, and, if they were trustees, what were the trusts upon which they held the property, and who were the cestuis que trust, and what were their relative interests, what sums of money should have been paid by the trustees to the cestuis que trust, and what balance is due to the cestuis que trust:

And whereas the Native Land Court has not jurisdiction to settle and determine all the aforesaid questions unless power is conferred on it to do so under said section fifteen of the said Act:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, with the advice and consent of the Executive Council thereof, and in pursuance and exercise of the powers and authorities conferred upon him by the fifteenth section of “The Native Land Court Act, 1894,” and of all other powers him thereto enabling, doth hereby order, in regard to Awai ti No. 2 Block, that the Native Land Court shall have jurisdiction to—

(a.) Hear and determine whether the said block was held by the aforesaid three owners upon trust (if there were a trust), what was the trust, who were the cestuis que trust, and what were their relative interests, and, if any cestuis que trust be dead, who is his successor, what sum of money (if any) is due and owing by the trustees respectively to the cestuis que trust.

(b.) Should the Court determine that a trust was created, then in the discretion of the Court to make an order after such hearing vesting Awai ti No. 2c (one thousand acres) in cestuis que trust, and where any cestuis que trust is dead to appoint successors, fixing the relative interests of such cestuis que trust.

(c.) To make such other orders in pursuance of the premises as the Court deems fit in regard to moneys due or owing by the trustees (if a trust) to their cestuis que trust.

(d.) To cancel or amend any order inconsistent with an order to be made or made under clause (b) hereof.

ALEX. WILLIS,
Clerk of the Executive Council.

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Authorising Maori Land Board to act as Agent of Maori Owners of Land.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-third day of May, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS by section fifty-five of the Native Land Settlement Act, 1907, it is enacted that where the Commission referred to therein recommends that any land declared to be subject to Part II of the said Act, or any part of such land, should be leased to Maoris, the Governor may, by Order in Council, authorise the Board of the district in which the land is situated to act as agent of the Maori owners of the said land for the purpose of leasing the same to Maoris in accordance with the provisions of Part II of the said Act:

And whereas the lands specified in the Schedule hereto have been declared to be subject to Part II aforesaid, and the said Commission has recommended that such lands should be leased to Maoris:

Now, therefore, in pursuance and exercise of the powers in this behalf vested in him by the aforesaid section fifty-five, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council thereof, doth hereby authorise the Ikaroa District Maori Land Board to act as the agent of the Maori owners of the lands specified in the said Schedule, for the purpose of leasing as aforesaid.