2144
THE NEW ZEALAND GAZETTE.
[No. 69]
Authorising Native to mortgage Land under Section 6 of
"The Native Land Laws Amendment Act, 1897."
PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this tenth
day of August, 1909.
Present:
THE HONOURABLE GEORGE FOWLDS PRESIDING IN COUNCIL.
WHEREAS by section six of "The Native Land Laws
Amendment Act, 1897," it is enacted that the Governor may, by Order in Council, authorise any Native
owning land in severalty to mortgage such land to any
lending Department of the Government, and that in such
case the mortgage shall operate in all respects as if the
mortgagor were other than a Native, and accordingly none
of the restrictions, limitations, or provisions of "The Native
Land Court Act, 1894," or any other Act affecting Native
land, or lands owned or held by Natives, shall apply, anything in any such Act to the contrary notwithstanding: And
whereas Whango te Kooro, of Ruanui, in the Provincial
District of Wellington, in the Dominion of New Zealand,
being the owner in severalty of the block or parcel of land
mentioned and particularised in the Schedule hereto, has
applied to be allowed to mortgage the said block of land : And whereas by certificate bearing date the twenty-third
day of January, one thousand nine hundred and nine, under
the hand of Charles Edward MacCormick, Esquire, a Judge
of the Native Land Court of New Zealand, and the seal of the
said Court, it was certified that the said Whango te Kooro
possesses, irrespective of the land proposed to be mortgaged,
other land sufficient for his maintenance :
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the
powers and authorities conferred upon him by the said Act,
and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby authorise the
said Whango te Kooro to mortgage the land set out in the
Schedule hereto to the Government Advances to Settlers
Office, being a lending Department of the Government as
aforesaid.
SCHEDULE.
ALL that piece or parcel of land, situate in the Provincial
District of Wellington, containing 670 acres, more or less,
known as Subdivision 5 of Ruanui No. 1 Block, and being
the land comprised in a partition order of the Native Land
Court dated the 19th day of July, 1894, in favour of Whango
te Kooro.
J. F. ANDREWS,
Clerk of the Executive Council)
Conferring Extended Jurisdiction upon the Native Land
Court under Section 15 of "The Native Land Court Act,
1894."
PLUNKET, Governor
ORDER IN COUNCIL
At the Government Buildings, at Wellington, this tenth
day of August, 1909.
Present:
THE HONOURABLE GEORGE FOWLDS PRESIDING IN COUNCIL.
WHEREAS by section twenty-four of "The Land
Act, 1908," certain rights are recognised as belonging
to a class of Natives (the names of whom are not yet
definitely ascertained) in regard to the land known as the
Titi Islands, and more particularly described in the Schedule
hereto (hereinafter termed "the said land") :
And whereas by the aforesaid section power is vested in
His Excellency the Governor to consult with such Natives,
and to make special regulations securing to them the aforesaid rights, and for the purpose of protecting the said land
from trespassers, and the birds frequenting the said land
from destruction :
And whereas it is necessary to definitely determine the
names of the Natives who are entitled to the aforesaid rights,
and to ascertain what are their wishes in regard to the
regulations to be made as aforesaid:
And whereas, under the provisions of "The Native Land
Court Act, 1894," power is vested in the Governor in
Council to confer upon the Native Land Court jurisdiction
in any matter or question referred to in such Order exclusively affecting the rights of Natives in any real or
personal property:
And whereas it is advisable in the above matter that the
Native Land Court should be empowered to exercise the
jurisdiction hereinafter set out :
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in exercise of the powers and authorities
conferred upon him as aforesaid, and of all other powers
him thereunto enabling, and acting by and with the advice
and consent of the Executive Council of the said Dominion,
does hereby confer upon the Native Land Court, in respect
of the said land, the jurisdiction set out hereunder, that is
to say : (a.) To inquire and determine who are the Natives
entitled to the rights set out in the premises, and who are
the persons entitled to succeed to such of them as are dead,
and to make orders accordingly. (b.) To from time to time
issue and make orders, under subsection nine of section fourteen of "The Native Land Court Act, 1894," restraining
all and any persons from trespassing upon the said land,
or from interfering with the birds thereon, unless the
consent of the Commissioner of Crown Lands for the Land
District of Southland is obtained in writing for the persons
named in such consent to enter upon the said land for such
period as may be named in such consent for the purpose of
procuring, killing, and taking away birds which may be on
the said land. (c.) For and on behalf of the Governor to
consult with the Natives entitled as aforesaid as to what
regulations should be made, as provided by section twentyfour of "The Land Act, 1908," aforesaid, and to report to
the Governor the result of such consultation.
SCHEDULE.
ALL those islands adjacent to Stewart Island, and known as
Horomamae, Wharepuaitaha, Kaihuka, Potuatua, Pomatakiarehua, Tia, Taukiapa, Rerewhakaupoko, Mokinui, Mokiti,
Timore, Kaimohu, Huirapa, Taketu, Heretatua, Te Puketotakohe, Tamairemioka, Pohowaitai, Poutama, Here Kopare,
and Pikomamaku.
J. F. ANDREWS,
Clerk of the Executive Council.
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 tenth
day of August, 1909.
Present:
THE HONOURABLE GEORGE FOWLDS 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:
And whereas the Waikato District Maori Land Board, by
a recommendation made on the fifth day of May, one
thousand nine hundred and nine, and received on the
fourteenth day of July, one thousand nine hundred and
nine, 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.