984
THE NEW ZEALAND GAZETTE.
[No. 21

Authorizing the Alienation of Native Land, notwithstanding the Provisions of Part XII of the Native Land Act, 1909.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this thirteenth day of March, 1911.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section two hundred and three of the Native Land Act, 1909, it is enacted that the Governor may by Order in Council, in any case in which he deems it expedient in the public interest so to do, authorize the acquisition, alienation, or disposition of Native land or of any interest therein, notwithstanding any of the provisions of Part XII (relating to limitation of area) of the aforementioned Act:

And whereas it is expedient that authority be granted for the acquisition, alienation, or disposition of the land mentioned in the Schedule hereto, notwithstanding any of the provisions of Part XII as aforesaid of the said Act:

Now, therefore, 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 authorize the acquisition, alienation, or disposition of the land mentioned in the Schedule hereto, notwithstanding any of the provisions of Part XII (relating to limitation of area) of the Native Land Act, 1909. And it is hereby declared that this Order in Council is made under the provisions in that behalf of the Native Land Act, 1909, and shall operate accordingly as a consent of the Governor in Council to the proceedings hereby authorized.

SCHEDULE.

H. D. GROCOTT,
Acting Clerk of the Executive Council.

Conferring Extended Jurisdiction on Native Land Court.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this thirteenth day of March, 1911.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section twenty-five of the Native Land Act, 1909, it is enacted that the Governor may by Order in Council confer upon the Native Land Court, as effectually as if the same was conferred by this Act, jurisdiction in any matter or question affecting the rights of Natives in any real or personal property, and thereupon the Court shall have full jurisdiction and power to determine that matter or question according to law:

And whereas certain land was set apart for Natives in the Parish of Matata: And whereas it is expedient that the Native Land Court should be empowered to inquire and ascertain who are the Natives entitled, and in what shares and proportions, to the land more fully 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 subsection one of section twenty-five of the Native Land Act, 1909, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and declare that the investigation and determination of the matters aforesaid, and of any matter or question which may arise in relation thereto, or which it shall be necessary to determine for the purpose aforesaid, shall be and the same are hereby brought within the jurisdiction of the said Court. And it is hereby declared that this Order in Council is made under the provisions in that behalf of the Native Land Act, 1909, and shall operate accordingly as a consent of the Governor in Council to the proceedings hereby authorized.

SCHEDULE.

ALL that area in the Auckland Land District, containing by admeasurement 100 acres, more or less, being Allotment No. 104, Parish of Matata (Block III, Awa-o-te Atua Survey District). Bounded towards the north-east by Allotment No. 103, Parish of Matata, 5569 links; towards the south by Allotment No. 170 of said parish and by a public road 100 links wide, 4496 links; and towards the west generally by a public road 100 links wide, 330, 1639, 1330, 1207, and 584 links: be all the aforesaid linkages more or less: as the same is delineated on the plan lodged in the office of the Native Department, Wellington.

H. D. GROCOTT,
Acting Clerk of the Executive Council.

Conferring Jurisdiction on Native Land Court.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this thirteenth day of March, 1911.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section one hundred and three of the Native Land Act, 1909, it is enacted that the Native Land Court shall not proceed to exercise in respect of any land the jurisdiction conferred by Part V of that Act unless authorized by Order in Council so to exercise the same in respect of that land: And whereas it is expedient that the Court should be authorized to exercise jurisdiction in respect of the land described in the Schedule hereto:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby authorize 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 ascertainment of the Native customary title thereto, intended by the Native Land Court or by the nominal owner or owners to be held in trust for persons not named in the title, and to determine who (if any) are the persons entitled beneficially to the land, and the relative interests of all persons so entitled; and to order the inclusion of those persons in the title, either together with or in lieu of the nominal owners; and, if necessary or expedient, to partition the said land among the persons so found entitled; and for the purposes aforesaid to order the cancellation or amendment of any existing instrument of title, and the issue of such new instruments of title as may be necessary, and generally to exercise in respect of the said land all the jurisdiction conferred upon the Native Land Court by Part V of the Native Land Act, 1909. And it is hereby declared that this Order in Council is made under the provisions in that behalf of the Native Land Act, 1909, and shall operate accordingly as a consent of the Governor in Council to the proceedings hereby authorized.

SCHEDULE

H. D. GROCOTT,
Acting Clerk of the Executive Council.

Consenting to the Chief Judge of the Native Land Court granting Leave to appeal.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this thirteenth day of March, 1911.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS subsection one of section fifty of the Native Land Act, 1909, enacts that at any time and from time to time, on application made ex parte or otherwise by any person interested, the Chief Judge may, if he thinks fit, on being satisfied that the applicant has shown a prima facie case of error, whether of fact or law, in any final order of the Native Land Court, grant leave to the applicant to appeal to the Appellate Court against that order, notwithstanding the fact that, owing to lapse of time or for any other reason, the applicant has no appeal as of right to that Court:

And whereas subsection two of that section further enacts that, save with the precedent consent of the Governor in Council, leave to appeal shall not be granted by the Chief Judge under this section unless application for same is made within five years after the making of the order appealed from: