456

THE NEW ZEALAND GAZETTE

No. 24

To Our Trusty and Well-beloved the HONOURABLE SIR TREVOR ERNEST HENRY, of Auckland, a Judge of the Supreme Court:

GREETING:

WHEREAS in December 1955 the Maori Land Court by means of partition orders divided certain Maori freehold land on the northern shores of Lake Taupo, being various subdivisions of the Rangatira block, into numerous parcels, whereof (inter alia) one group of parcels was designated as Rangatira B1 to B612 and another group of parcels was designated as Rangatira C1 to C953:

And whereas for various reasons the two groups of parcels above referred to were never effectively designated on the ground or used:

And whereas there has been in respect of each group of parcels numerous proceedings before various tribunals and at the present time the land referred to above as Rangatira B1 to B612 (hereinafter in these presents referred to as Rangatira B) is held under titles designating it as Rangatira B1 to B623 and the legal title is vested in certain trustees upon certain trusts for the effective roading and survey of the parcels but (for various reasons) the trustees have been unable to carry out the trusts and the land remains idle:

And whereas the land referred to above as Rangatira C1 to C953 (hereinafter in these presents referred to as Rangatira C) is now held under titles designating it as Rangatira Cl and C2 and (for various reasons) the trustees have been unable to carry out the trusts and the land remains idle:

And whereas the beneficial owners of Rangatira B and Rangatira C are at present unable to use and occupy or otherwise deal with their interests and the land remains substantially idle and produces no benefit to the owners and it is desirable that some action be taken in the interest of the beneficial owners and in the public interest to put the land in a position where it can be effectively used and dealt with:

Now, Know ye, that We, reposing trust and confidence in your impartiality, knowledge, and ability, hereby nominate, constitute, and appoint you the said the HONOURABLE SIR TREVOR ERNEST HENRY to be a Commission to inquire and report generally on the action (if any) which should be taken, whether by or pursuant to legislation or otherwise, to enable the land known as Rangatira B and Rangatira C to be used effectively or otherwise dealt with by the owners thereof or for their benefit in such a way as will be to their best advantage and in the public interest:

And, in particular, but not so as to limit the scope of the last preceding paragraph:

(a) To inquire and report whether, having regard to all the circumstances, the present ownership and title position of Rangatira B, including the trusts existing in respect thereof, is fair and equitable as among the persons beneficially interested therein, in the light of the ownership position as it existed immediately before the making of the partition orders of 1955, and whether the existing division of the land into parcels and the provision for roads, reserves, and other normal requirements is adequate in terms of the recognised principles of subdivisional planning, and whether the whole arrangement is capable of being put into practical and economic effect:

(b) If it be reported that the current ownership and title position of Rangatira B is not fair and equitable as among the persons beneficially interested or that the arrangement is not capable of being put into practical and economic effect, then to recommend what ownership and title position would best do justice among the owners and enable the practical and economic use of the land in conformity with modern subdivisional requirements, whether this might involve a return to any earlier ownership and title position (but not earlier than that existing immediately before the making of the partition orders of 1955) or a modification of the existing ownership and title position or a completely new ownership and title position:

(c) To inquire and report whether, having regard to all the circumstances, the present ownership and title position of Rangatira C is fair and equitable as among the persons beneficially interested therein, in the light of the ownership and title position as it existed immediately before the making of the partition orders of 1955, and whether the present ownership and title position, including the trusts existing in respect thereof, would conduce to the

effective use of the land in the best interest of the beneficial owners and in the public interest:

(d) If it be reported that the current ownership and title position of Rangatira C is not fair and equitable as among the persons beneficially interested or that it is not conducive to the effective use of the land as aforesaid, then to recommend what ownership and title position would best do justice among the owners and enable the practical and economic use of the land in conformity with modern subdivisional requirements, whether this might involve a return to any earlier ownership and title position (but not earlier than that existing immediately before the making of the partition orders of 1955) or a modification of the existing ownership and title position or a completely new ownership and title position:

(e) If any change in the ownership and title position of any land is recommended, to propose any legislative provisions or other action necessary to effect the change or permit it to be effected:

(f) To inquire into and report on such other matters, if any, as in your opinion are relevant to the general question of the future use of the land concerned:

And in your inquiry and recommendations you shall be at full liberty to disregard or differ from any finding, whether of fact or otherwise, conclusion, opinion, or recommendation of any former tribunal in respect of any matters or question of similar character or import to those confided to you by these presents, and to ignore any uncompleted proceedings commenced or pending before any tribunal relating in any way to those matters or questions or to any aspect of the land to which these presents relate:

And for the better enabling you to carry these presents into effect you are hereby authorised and empowered to make and conduct any inquiry under these presents in such manner and at such time and place as you think expedient, with power to adjourn from time to time and place to place as you think fit, and so that these presents shall continue in force and any such inquiry may at any time and place be resumed although not regularly adjourned from time to time or from place to place:

And you are hereby strictly charged and directed that you shall not at any time publish or otherwise disclose, save to His Excellency the Governor-General, in pursuance of these presents or by His Excellency's direction, the contents of any report so made or to be made by you, or any evidence or information obtained by you in the exercise of the powers hereby conferred on you, except such evidence or information as is received in the course of a sitting open to the public:

And We do further ordain that you have liberty to report your proceedings and findings under this Our Commission from time to time if you shall judge it expedient so to do:

And, using all due diligence, you are required to report to His Excellency the Governor-General in writing under your hand, not later than the 31st day of August 1974, your findings and opinions on the matters aforesaid, together with such recommendations as you think fit to make in respect thereof:

And, lastly, it is hereby declared that these presents are issued under the authority of the Letters Patent of His Late Majesty King George the Fifth, dated the 11th day of May 1917, and under the authority of and subject to the provisions of the Commissions of Inquiry Act 1908, and with the advice and consent of the Executive Council of New Zealand.

In witness whereof We have caused this Our Commission to be issued and the Seal of New Zealand to be hereunto affixed at Wellington this 25th day of February 1974.

Witness Our Right Trusty and Well-beloved Cousin, Sir Edward Denis Blundell, Knight Grand Cross of Our Most Distinguished Order of Saint Michael and Saint George, Knight Grand Cross of Our Royal Victorian Order, Knight Commander of Our Most Excellent Order of the British Empire, Governor-General and Commander-in-Chief in and over New Zealand.

DENIS BLUNDELL, Governor-General

By His Excellency's Command—

MATIU RATA, Minister of Maori Affairs.

Approved in Council—

P. G. MILLEN, Clerk of the Executive Council.