NATIVE LAND PURCHASE AND LAND ACQUISITION ACT, 1393.

New Zealand Times, Volume LV, Issue 9970, 3 August 1893, Page 3

NATIVE LAND PURCHASE AND LAND ACQUISITION ACT, 1393.

ABRIDGED ANALYSIS.

The preamble reolCcs that the Act la devised with a view to facilitate the acqaiaU tion of tho aorplns lands of the Natives for settlement purposes in a more expeditious manner than is now possible to do under the existing law ; and to that end it ia proposed to acquire such land in tho manner provided by tho Act, and for the purposes thereof it, *s proposed to do tho following things, viz.:— ( Appoint a Board of .Administration, to consist of five persons—three Europeans and two Natives,

The Act to have operation only over proclaimed areas (excepting under certain circumstances), such areas to bo duly gazatted, and on being proclaimed, the Governor to have authority to acquire either lauds or Native hereditaments situated therein. Native land, being land over which the Native tlfclo has not been extinguished, and Native hereditaments being land owned by Natives under any cluas of title.

Tho Govefuor being satisfied that in tho interest of settlement it is desirable that any of tho land so proclaimed shall be acquired for that purpose, the board shall be required to report to him as to the character, suitability, and value of stxob land.

The Value to be ascertained by three (3) impaitial persons, to be appointed In manner provided. The valuation made by the valuers, or Roy two of them, to bo deemed to be the value of tho land a* iixed by the board.

Notice to bo given to the owners by the Governor-iivGounoil after the report by the board, to elect Within not loss than six months from the first publication of a notice in the K»biti, either to soil and convey such land to Her Msjoaty at the value fixed by the board, or to consent that the laud may ho lot under the provisions of the Laud Act, ]Si2. Tho election to bo binding oa the whole of the ow-iors (whether under legal disability or not) if made by a majority in value, wcere the quantum of interest has been ascertained, or in case of the interest not being deiioed, then by a majority in number of the owners of the land. If the owners eleot to sell and convey, the Governor may by Order-in-Council declare the land to bo vested in Her Majesty freed from all encumbrances, and such land may be disposed of under the Land Act, 1892, subject, nevertheless, to a trust thereof for the Native owners and their beira. If tho owners eleot to lease, the board shall have a valuation made of a sufficient area of land to cover tho expenditure made for tho survey of such land, and for. laying eff and makirg roads fop the purpose of leasing the lam*, and such area shall be deducted from the land vested in Her M»jest/. All tho residue of snob land to be leased under the Land Aot, 1892, in the same manner as Crown land. Tho rates and taxes to be defrayed by the tenants, afld the not rent and income payable to tho Native o wners shall not be subject to tho land and Income .tax, 1891. In tho case of Native lands, tho Governor to direct the Native Land Court Lo ascertain the title thereto, and on tho title being ascertained, the provisions of the Act to apply as in the ca-c of the Native heredita* monts. The Native owners to pay tho coats and charges incidental to carrying out the necessary enquiry.

No land to bo acquired under the Aot on which a pa, Native village, or Native cultivation exists, but land sown with gracs not to be deemed a Native cultivation.

Natives having.insuffbionb land for lh?ir as© and maintenance who may have sold their share or interest to Her Majesty, to l u vo reserved for 1 their use os much land as the Governor deems sufficient for their maintenance; the value of tho land so reserved to bo deducted from the purchase money, or tho Governor in lieu thereof may reserve a sufficient quantity out of Crown land. A sufficiency of land for each in* dividual shall be deemed to be ;—Twentyfive acres of land, or 50 acres of second class land, cr 100 acres of pastoral land Land so reserved maybe vested in such Natives subject to such restrictions as the Governor may impose ; or the Governor may vest such land In any corporate body having by law the duty of administering Native reserves for the benefit! of the Natives entitled.

Should land, whhh the owners have consented to let, bo not disposed of la such manner within six months from the date of the Order-in*Council, the persons to whom the rents of such land are payable, shall be euiitlod to receive Interest ot the rate of tour pounds per centum on the value of the land so long as the same is unlet. Moneys paid for the aforesaid purposes to bo a first charge on the land, cud may be recovered out of tho rents on the laud being lot, or out of the purchase money on tbo laud being sold.

Tho Governor, may direct, io regard to tho capital moneys payable for the disposal of the laud, that a sum nut exceeding one half bo paid to the Public Trustee to be held and applied both ns to capital and income as tho Governor may direct. The Native Land Court, on being required to do «o, to decide Iho relative rights of the persons entitled. Moneys, capital or otherwise, payable to a person under disability, to be paid to the Public Trustee, who may expend it In any manner ho may deem advisable for the behoof of the persons entitled. For tho purpose of tho Act, a Native over seventeen years shall ba deemed to be of full age, and may do ail that an adult can do.

The consent cf any person not being a Native shall not be necessary to the validity of an election, hut such person shall be entitled to be paid the value of bis interest; and In case of a difference as to the value, tho question to be settled by a Judge of the Supreme Court. If any person under tho Act refuses to receive the money payable to him, or makes no application for payment thereof within twelve months ; or if the person entitled is unknown or absent from the Colony, such money may bo paid to tho Public Trustee, who may invest it in tbe manner authorised by the 10th section of the Public Trust 01G jo Act Amendment Act, 1891. Such money, or any income arising therefrom, may be paid to any person whom a Judge of tho Native Laud Court may decide to ba entitled. Her Majesty to have tb s right before all other pa>sons to purchase any Native land cr hereditaments outside any proclaimed area, end If the Native owners of snob land desire to cell or lease it, they shall offer the same to the boird stating the amount per aero required for such land in foo simple, or the annual rental per acre, and if the board declines to accept tbe offer, the Native owners ra>y, with tho consent of tho board, dispose of the land so offered for sale or lease to any person whom* soever.

If an offer of the land is accepted by tbe board, all tho provisions of tho Act shall apply to the land comprised in such offer as if the land was situated within a proclaimed area.