2294
THE NEW ZEALAND GAZETTE
[No. 74

56. All the provisions of the foregoing rules and regulations (except the provisions as to cultivation) as regards the form and conditions of first leases made under the said Act shall, mutatis mutandis, apply to the form and conditions of the new or renewed leases above mentioned, and to the lessees thereunder, except as herein is otherwise expressly provided.

Compensation and Arbitration.

57. All claims for compensation in respect of any matters arising under the said Act shall, unless otherwise specially provided, be settled in the manner provided in Part III of “The Public Works Act, 1908,” for which purpose the said Part III shall be deemed to be incorporated with these regulations. In every such claim the Board shall be the respondent.

58. Where it is provided or agreed that any matter shall be referred to arbitration, then such reference, unless herein otherwise provided, shall be to one or more arbitrators appointed by the parties on each side respectively, and an umpire to be appointed by such arbitrators.

(a.) If either party shall fail to appoint an arbitrator within twenty-one days after being requested in writing to do so by the other party, then the arbitrator appointed by the other party shall alone conduct the arbitration, and his decision shall be final and binding on both parties.

(b.) If the said arbitrators shall fail to agree upon the matter referred to them within twenty-eight days of the same having been so referred, then the matter so referred shall be decided by an umpire to be appointed by the said arbitrators, whose decision shall be final and binding on both parties.

(c.) Every such arbitration shall be carried on in the manner prescribed by “The Arbitration Act, 1908,” and to be subject to such last-mentioned Act in the same manner as if the reference to such arbitration had been made by consent of parties under a deed.

(d.) Each party shall pay his or its costs of such reference, and any cost incidental to the appointment of an umpire shall be paid equally by the parties to the arbitration.

59. Before any appraiser enters into the consideration of any matters referred to him under the said Act or these regulations he shall, in the presence of a Justice of the Peace, make and subscribe a declaration as in the Form N in the Schedule hereto, or to the same effect and meaning.

Disposal of Timber, Flax, &c.

60. The Board may sell the standing timber or flax on any land vested in it, on such terms as it shall think fit, provided that the cutting-rights shall not extend over a period exceeding thirty years. The Board may grant a right of ingress or egress over the said land or any part thereof for the purpose of the cutting and removal of the timber or flax growing thereon.

Certificate as to Equitable Interest.

61. The Board may, at the request of any Maori owner, and on payment of the prescribed fee, issue a certificate as set out in Form R hereto, stating the equitable interest of such Maori owner in any block.

Approval of Leases.

62. The approval of the Board to any lease shall be in Form O in the Schedule hereto, or to the effect thereof.

Approval of Alienations under Section 7 of “The Maori Land Laws Amendment Act, 1908.”

63. Application to the Board to approve any alienation, as provided by section 7 of “The Maori Land Laws Amendment Act, 1908,” shall be in Form P in the Schedule hereto. Before any such application is notified for hearing, the instrument in respect of which the same is made must be lodged at the office of the Board.

64. The President shall thereupon cause such application to be notified for hearing at the first convenient sitting of the Board, and shall on request supply the applicant with printed copies of such notice for service on all persons interested in the subject-matter of the application.

65. The Board may in all cases require personal service of such notice to be proved, to the satisfaction of the Board, by declaration or otherwise before proceeding with the application: Provided that the Board may in any case dispense with personal service if satisfied that sufficient notice has been given.

66. It shall be incumbent on the applicant on lodging the application to supply, to the satisfaction of the Board, copies of or extracts from the records of the Land and Deeds Registry Office or of the Native Land Court setting forth the position of the title and certified as correct by the solicitor or agent acting, together with a certificate by the Valuer-General or District Valuer showing the latest Government valuation of the land.

67. The certificate of approval shall be in Form Q in the Schedule hereto, and shall be indorsed on the instrument in respect of which such approval is granted.

68. No certificate of approval granted in pursuance of the foregoing five regulations shall be signed or sealed until after the expiration of fourteen days from the granting thereof by the Board, or, if notice of appeal has been given, until such appeal has been finally disposed of. A copy of the notice of appeal shall be served on the Board.

69. When a certificate of approval is refused, a memorandum of such refusal, signed by the President, shall be recorded on the instrument.

FEES.

70. The fees set out in the Schedule hereto are hereby fixed as the fees to be paid under the said Act and these regulations.

71. The amount of any fee not remitted shall be a debt due to the Board by such of the persons parties to the proceedings or act in or for which the same accrued as the Board may order.

72. The Board may decline to proceed in any case or to do any act in relation to land in respect of which fees are due for any former act done in relation to such land until such fees have been paid.

73. Any document giving effect to a decision of the Board shall, before being signed by the President, have noted in the margin thereof the amount of fees accrued in the matter of such decision, specifying such as have been paid.

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SCHEDULE.

SCALE OF FEES TO BE CHARGED BY THE BOARD.

Hearing before Board (where case more than two hours’ duration), per day, each party .. .. £ s. d.
1 0 0
Swearing witness .. .. .. 0 2 0
Sealing subpoena, and copies .. .. .. 0 5 0
Inspection of any record .. .. .. 0 2 0
For preparation and issue of papakainga certificate in triplicate .. .. .. 1 10 0
Order incorporating Maori owners under section 30.. 1 0 0
Certificates of approval of alienations:—
In respect of every conveyance where consideration does not exceed £1,000 .. .. 1 0 0
Where consideration exceeds £1,000 .. .. 2 0 0
In respect of every lease .. .. 1 0 0
In respect of any other deed whatever .. 0 10 0
Recommendation to Governor for removal of restrictions .. .. .. 0 10 0
Minute of approval under section 5 of “The Maori Real Estate Management Act, 1888,” by President of Board .. .. .. 0 5 0
Affixing seal of Board to any document (where no other fee prescribed) .. .. .. 0 5 0
Certificate as to equitable interest (Form R) .. 0 2 6

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[Form H.
“The Maori Lands Administration Act, 1900,” and its Amendments.

PAPAKAINGA CERTIFICATE.

IN pursuance of section 21 of the above Act, it is hereby certified that , of Hapu, residing at , in the Maori Land District, is seised or possessed of acres of land, being , as the same is delineated on the plan drawn hereon edged red, and that the said land, being suitable for his occupation and support, has been declared a papakainga. And it is hereby ordered that the said parcel of land be and the same is hereby declared absolutely inalienable.

In witness whereof the seal of the District Maori Land Board has been hereunto affixed at a meeting of the said Board held at on day, the day of , 19 .

(L.S.)

President.

Member.