976
THE NEW ZEALAND GAZETTE.
[No. 39

receipts and payments made by or reported to the Native Trustee at the Head Office.

(2.) The provisions of this clause shall, mutatis mutandis, apply to each local Deputy and District Manager and agent of the Native Trustee.

19. (1.) In addition to the accounts required by the principal Act the Native Trustee shall keep the following separate accounts:—

(a.) An account showing in detail the receipts and payments on account of each separate estate in the Head Office.

(b.) Such other accounts as the Minister directs or the Native Trustee thinks fit.

(2.) Each local Deputy, District Manager, and agent of the Native Trustee shall keep such books and accounts and furnish such returns as the Native Trustee directs.

20. Any moneys payable to the Native Trustee’s Account may be lodged for credit of that account with such Postmasters as the Postmaster-General authorizes and the Native Trustee directs, and the amount of such lodgments shall be transferred by the Postmaster-General to the credit of the Native Trustee’s Account as often as the Native Trustee and the Postmaster-General arrange.

21. (1.) Moneys payable within the Dominion out of the Native Trustee’s Account may be forwarded by the Native Trustee to any of his local Deputies, District Managers, or agents, who shall pay the same in accordance with the Native Trustee’s directions.

(2.) Such moneys may also be forwarded by the Native Trustee to the Postmaster-General for payment by the Postmasters at such towns or places in the Dominion as the Native Trustee requests and the Postmaster-General directs.

22. It shall not be necessary that any claims which, in the opinion of the Native Trustee, are correct and payable out of the Native Trustee’s Account shall be audited before they are paid, otherwise than by an officer of the Native Trust Office appointed to examine and audit such accounts.

23. Every claim upon the Native Trustee shall be made in the form required by the Native Trustee.

24. (1.) Where any moneys are payable to any person unable to sign his name, then no such payment shall be made except upon a receipt purporting to bear the mark of the person entitled to receive the money, and attested by some adult person other than the paying officer.

(2.) The attestation shall state that the receipt was read over and explained to the person making his mark.

(3.) It shall not be necessary for the Native Trustee, unless he thinks proper, to inquire whether such person is an adult or not, and, notwithstanding that such person may afterwards be discovered not to be an adult, the receipt shall be valid.

25. (1.) A claimant may authorize by a special or general order, in such form as is from time to time approved of by the Native Trustee, that any payment may be made to any other person.

(2.) The special order shall be on or attached to the claim.

(3.) In the case of a general order it shall be sufficient if it is sent to and received by the Native Trustee.

(4.) Notwithstanding that any general or special order is revoked by death or otherwise, any payment made pursuant thereto shall be good and valid unless prior to the payment the Native Trustee has received actual notice in writing of such revocation.

(5.) The provisions of clause 24 hereof as to attestation of receipts shall, mutatis mutandis, apply to all such orders.

26. (1.) Where a Native gives a special or general order it shall purport to be attested by a licensed Native interpreter, who shall certify in attesting that he has explained the order to the Native, and that the Native understood it; provided that the Native Trustee may dispense with any such attestation.

(2.) It shall not be necessary for the Native Trustee, unless he thinks proper, to ascertain whether the person so attesting is a licensed Native interpreter or not, and, notwithstanding that it may afterwards be discovered that the person attesting was not a licensed interpreter, the order, and all acts and things done thereunder, shall be valid.

(3.) This clause shall be construed subject to any statutory provision dealing with the matter.

27. The officer or agent authorized to pay a claim on the Native Trustee must be satisfied before paying it that the applicant for payment is entitled to receive the amount, and that all necessary documents have been produced.

28. No claim on the Native Trustee shall be paid until it has been, to the satisfaction of the Native Trustee or the paying agent, proved and certified to be correct, as may be required by the Native Trustee, and receipted by the claimant or by the claimant’s duly authorized agent, nor until the signature of the payee has been attested when such attestation is required by the Native Trustee.

29. The officers and agents of the Native Trustee will be held responsible for all errors in calculation in the accounts or claims which they certify to be correct, and for any loss due to their neglect of these regulations or of the instructions given by the Native Trustee.

30. In any case which is not provided for by statute or by these regulations the special instructions of the Native Trustee must be applied for and followed.

Charges to be made by the Native Trustee.

31. The undermentioned charges shall be payable to the Native Trustee in respect of the matters mentioned:—

(a.) Upon the gross proceeds of rents, income, or revenue received from any property pursuant to the Native Reserves Act, 1882: £7½ per cent.

(b.) Upon the gross proceeds of rents, income, or revenue received from any property pursuant to the West Coast Settlement Reserves Act, 1892: £7½ per cent.

(c.) In respect of all moneys received under the Native Land Act, 1909 (except section 428), on the amount received: £2½ per cent.

The charge under (c) is payable when the money is received, and may be deducted from the fund in hand.

(d.) In all cases not otherwise hereby provided for, on all sums lodged in the Native Trust Office under or in pursuance of the provisions of any Act, rule, or law in that behalf, at the time of lodging the same: £1¼ per cent.

Minimum charge under (d), £1. No charge under (d) shall be made where no interest is allowed.

(e.) For every lease (except leases under the West Coast Settlement Reserves Act, 1892, and its amendments) executed by the Native Trustee as lessor or mortgagee to be paid by the lessee: As fixed by the Native Trustee, having regard to the circumstances: £1 to £5.

(f.) For the Native Trustee’s consent to any lease or to any assignment or disposition of a lease: £1.

(g.) For discharging mortgage under section 67 of the Property Law Act, 1908, or section 116 of the Land Transfer Act, 1915: 10s.

(h.) For discharging mortgage under section 75 of the Property Law Act, 1908, or section 117 of the Land Transfer Act, 1915, and holding the proceeds for the person entitled,—

Where the amount is not more than £250: £2 2s.

Where the amount is over £250 and not more than £1,000: £3 3s.

Where the amount is over £1,000: £5 5s.

(i.) For making copy of any document, 6d. per folio; minimum charge, 2s. 6d.

(j.) For production of document of title: 10s.

(k.) For any matter or service not hereinbefore mentioned, such charge as is agreed on or as in the absence of agreement the Native Trustee fixes.

32. Where on the confirmation of any alienation of Native land the consideration-money is deposited with the Native Trustee to be paid out by him on the order of the Native Land Court or a Judge or Commissioner thereof, then with respect to the money so deposited the following special provisions shall apply, anything in these regulations to the contrary notwithstanding:—

(a.) If the aforesaid order may be made at any time so that the money is at call, no interest shall be allowed and no charge shall be made.

(b.) If it is arranged that the money shall remain in the hands of the Native Trustee for a fixed period, no charge shall be made, and interest shall be allowed at such rate as is agreed, not exceeding the rate of 4 per cent.

33. The Native Trustee may with the consent of the Office Board reduce any of the foregoing charges.

34. (1.) In addition to the foregoing charges there shall also be chargeable and payable all expenses and disbursements incurred by the Native Trustee in postage, exchange, telegrams, legal assistance, or legal proceedings or charges, fees payable in any Court or public Department, surveys, the collection of rents, auctioneers’ charges, travelling-expenses, and any other expenses or disbursements which in the opinion of the Native Trustee are necessary or expedient to be provided for or incurred in the management of the estate or property to which the charge relates.

(2.) To cover postages and other unspecified disbursements a fixed charge shall be made half-yearly against every active estate. “Active estate” means an estate the affairs of which have been dealt with during the half-year.

(3.) The amount of the charge shall be such sum, not less than 1s. or more than £2, as is fixed by the Native Trustee, having regard to the circumstances.

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SCHEDULE.

Form No. 1 (Clause 3).

DECLARATION OF SECRECY.

I, [Full name], of [Address and occupation], do hereby solemnly declare that I will truly and faithfully, according