Government Orders in Council




Feb. 7.] THE NEW ZEALAND GAZETTE. 395

Vesting Reserves for Cemetery Purposes in the Auckland City Council.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this thirtieth day of January, 1918.

Present :

His Excellency the Governor-General in Council.

WHEREAS the lands described in the Schedule hereto have been duly set apart for cemetery purposes: And whereas, in the opinion of the Governor-General, it is expedient to vest the said reserves in the Mayor, Councillors, and Citizens of the City of Auckland :

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and in exercise of the powers and authorities conferred upon him by section four of the Public Reserves and Domains Act, 1908, doth hereby declare that, from and after the day of the date hereof, the reserves described in the Schedule hereto shall become vested in the Mayor, Councillors, and Citizens of the City of Auckland, in trust, for cemetery purposes.

SCHEDULE.

ALL that area in the Auckland Land District, containing by admeasurement 3 roods 33 perches, more or less, being Allotment 416, Parish of Waikomiti. Bounded towards the south-east by Allotment 248A, Waikomiti Parish, 1115·7 links; towards the north-west generally by a public road, portion of Allotment 57A, Waari Hamlet, and again by a public road, 337·5, 670·3, and 158·5 links respectively: be all the aforesaid linkages more or less. As the same is delineated on the plan marked L. and S. 2/34B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. (Auckland Plan No. 18288.)

All that area in the Auckland Land District, containing by admeasurement 2 roods 2·7 perches, more or less, being part of Section 57A, Waari Hamlet, Parish of Waikomiti. Bounded towards the north-west by a public road, 238·3 links; towards the south-east by a right line, 670·3 links; and towards the north-west by a public road, 507·7 links: be all the aforesaid linkages more or less. As the same is delineated on the plan marked L. and S. 2/34A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured blue. (Auckland Plan No. 18288.)

J. F. ANDREWS,
Clerk of the Executive Council.

Withdrawing Land from the Operation of the Kauri-gum Industry Act, 1908.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this thirtieth day of January, 1918.

Present :

His Excellency the Governor-General in Council.

WHEREAS by section forty-six of the Land Laws Amendment Act, 1913, it is enacted that the Governor-General may, by Order in Council gazetted, on the recommendation of the Land Board, declare that any land comprised in a kauri-gum reserve shall, from a date to be specified in the Order, cease to be subject to the Kauri-gum Industry Act, 1908, and on and after the date so specified the land to which the Order relates shall become subject to the provisions of the Land Act, 1908:

And whereas the Land Board of the Auckland Land District has duly passed a resolution recommending that the portion of the Puketoetoe Kauri-gum Reserve Extension described in the Schedule hereto be excepted from the operations of the Kauri-gum Industry Act, 1908, and it is expedient to give effect to such recommendation :

Now, therefore, I, Arthur William de Brito Savile, Earl of Liverpool, the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon me by section forty-six of the Land Laws Amendment Act, 1913, and acting by and with the advice and consent of the Executive Council of the said Dominion, do hereby order and declare that the portion of the Puketoetoe Kauri-gum Reserve Extension described in the Schedule hereto shall, from the seventh day of February, one thousand nine hundred and eighteen, cease to be subject to the Kauri-gum Industry Act, 1908.

SCHEDULE.

ALL that area in the Auckland Land District, containing by admeasurement 5 acres 0 roods 9 perches, more or less, situated in Block VIII, Rangaunu Survey District, being part of the Puketoetoe Kauri-gum Reserve Extension, set apart by Order in Council dated the 12th April, 1899, and published in the New Zealand Gazette No. 32, of the 13th April, 1899, page 756. Bounded, commencing at peg marked VII, on the south-eastern side of Lake Ohia-Tahonga Road, towards the north-east by the said road to peg VI, 505·5 links; towards the south-east by a right line bearing 195° 47′ distance, 1000 links; towards the south-west by a right line bearing 285° 47′ distance, 505·5 links; and towards the north-west by a right line to the point of commencement. Be all the aforesaid linkages more or less, as the same is delineated on the plan marked L. and S. 6/6/84, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

J. F. ANDREWS,
Clerk of the Executive Council.

Conferring Jurisdiction on Native Land Court in respect of Insufficiently Defined Trust.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this thirtieth day of January, 1918.

Present :

His Excellency the Governor-General in Council.

WHEREAS by section one hundred and eight, under Part V of the Native Land Act, 1909, it is enacted that the Court shall not exercise jurisdiction in the case of confiscated lands which have been granted or agreed to be granted to Natives by the Crown under any special statutory provision unless an insufficiently defined trust is expressed in the Crown grant or other instrument of title, and in the case of any such insufficiently defined trust the Court may exercise the same jurisdiction under the said Part V as if the persons in whom the land is vested were nominal owners within the meaning thereof :

And whereas the instrument of title granting the confiscated land described in the Schedule hereto has expressed in it an insufficiently defined trust, and it is expedient that the Court be authorized to exercise in regard to such land all the jurisdiction that is permitted to be conferred on it by Part V aforesaid :

And whereas by section one hundred and three under the said Part V it is enacted that the Court shall not proceed to exercise in respect of any land the jurisdiction conferred by the said Part V unless authorized by Order in Council so to exercise the same in respect of that land :

And whereas it is expedient that such Order in Council should be issued :

Now, therefore, His Excellency the Governor-General 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 Native Land Court to determine who (if any) are the persons entitled beneficially to the said land, and in what relative interests, and to order the inclusion of those persons in the title 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 to its fullest extent all the jurisdiction that it is permitted to be conferred upon the Native Land Court by the said Part V as fully and effectively as if the same were set out herein in detail.

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-General in Council to the proceedings hereby authorized.

SCHEDULE.

SECTION 1, Parish of Katikati: Approximate area, 68 acres; Auckland Provincial District.

J. F. ANDREWS,
Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1918, No 17


NZLII PDF NZ Gazette 1918, No 17





✨ LLM interpretation of page content

🗺️ Vesting Reserves for Cemetery Purposes in the Auckland City Council

🗺️ Lands, Settlement & Survey
30 January 1918
Cemetery, Reserves, Auckland City Council, Public Reserves and Domains Act 1908
  • J. F. Andrews, Clerk of the Executive Council

🗺️ Withdrawing Land from the Operation of the Kauri-gum Industry Act, 1908

🗺️ Lands, Settlement & Survey
30 January 1918
Kauri-gum Industry Act 1908, Land Laws Amendment Act 1913, Puketoetoe Kauri-gum Reserve Extension
  • J. F. Andrews, Clerk of the Executive Council

🪶 Conferring Jurisdiction on Native Land Court in respect of Insufficiently Defined Trust

🪶 Māori Affairs
30 January 1918
Native Land Act 1909, Native Land Court, Insufficiently Defined Trust, Katikati
  • J. F. Andrews, Clerk of the Executive Council