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He Whakamaramatanga mo te Ture Hoko, Riihi hoki, i nga Whenua Maori, 1876.
Preliminary
[ko te tohutoro i roto i te reo Māori]
Preliminary.
[ko te tohutoro i roto i te reo Māori]
[1.] Application of Act and prior Contracts.
| 4. | Operation of Act limited.This Act shall only have the following operation:—
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| 5. |
Moneys advanced by Crown in respect of Native lands affected by this Act to be a lien thereon.Where moneys have been paid by or on behalf of Her Majesty for the purchase or acquisition of any Native lands affected by this Act, or of any estate or interest therein, such moneys shall be deemed and held to be liens on such land, whenever the same is sold under the 50 provisions of this Act.
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The provisions hereinafter contained in the seventh section hereof, shall apply to any land affected by this section, and to any lien arising in respect thereof. |
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| 6. |
If it is made to appear to the Governor that any disposition of Incompleted arrangements may be referred to Native Land Court. 5 Native land at the time of the commencement of this Act is not actually completed, he may refer the question as to the actual completion thereof or otherwise to the Native Land Court.
The Court shall have full power and jurisdiction to make any inquiry necessary for giving effect to this provision, and shall have 10 all the powers and authorities it would have in a matter before the Court under the provisions of the said Act, so far as the same may be applicable for the purposes of such inquiry. If on any such inquiry it shall appear to the Court that the disposition of such land has not actually been completed, the Court 15 may, after considering all the circumstances of the case, order that such disposition shall be completed on such terms and conditions as it may direct, or may make an order that the purchase money premium or other consideration paid thereon, if any, together (at the discretion of the Court) with interest, shall be returned to the person paying the 20 same within any period not exceeding three years from the date of the order, or at once, or that the same may be made a lien on the land when. disposed of under this Act. |
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| 7. |
When the Court by any order makes the repayment of any Purchase money, &c., made by Court a lien upon land to be first charge on same when sold. purchase money or premium a lien upon the land, the amount thereof, 25 with interest not exceeding five per centum per annum, shall be a first charge on the land when sold, and the balance received, after deducting such amount and interest, shall, for the purposes of this Act, be deemed to be the total purchase money paid.
If such land shall only be leased, then the amount of such lien 30 shall be charged on the rents to be received, or on such part thereof as the Court may order. Any order made under the foregoing provisions may be altered or varied as the Court thinks fit, on the application of any of the parties interested within twelve months after the making of such order. |
[ko te tohutoro i roto i te reo Māori]
[2.] Restriction of Native Land Purchases.
| 8. | After the commencement of this Act no person shall, either Purchase of lands, &c., prohibited in districts brought under this Act. by himself or his agents, or by or through any person on his or their behalf, or as agent for any such person, directly or indirectly purchase or acquire, or contract or agree to purchase or acquire, any Native 40 lands, or any estate right easement or interest therein, from any Native, or from any person on behalf of any such Native, except under the provisions of this Act. |
| 9. |
Any person committing a breach of the foregoing provision shall Penalty for breach of last provision. be liable to a penalty not exceeding two hundred pounds, to be 45 recovered in a summary way.
One-half of any fine recovered under this section shall be paid to the person or persons who shall be instrumental in procuring any conviction hereunder, in such proportion as the convicting Resident Magistrate or Justices shall direct. |
| 10. |
50 No Native shall, after the commencement of this Act, Natives prohibited from dealing with their lands otherwise than as prescribed by this Act. dispose of or agree to dispose of any Native lands in of or to which he may be seised possessed or entitled, whether solely or jointly, except under the provisions of this Act.
This provision shall extend to all Native lands of any tenure 55 whatsoever, whether held under Native custom or under a title ascertained by the Court under the said Act, or under any Act repealed thereby, but shall not include any lands for which Crown grants have been issued to any Native or number of Natives, or for which Crown grants have been directed to be issued or are in course of preparation 60 before the commencement of this Act. page 4 |
| 11. |
Contracts in contravention of this Act to be void.If any contract or agreement shall be made for the disposition of any such lands or any estate or interest therein, or if any disposition thereof shall be made contrary to the provisions of this Act, every instrument of disposition, by which such disposition shall be effected or sought to be effected, shall be void, and all or any 5 moneys paid thereunder shall be forfeited, and all of any moneys payable thereunder shall not be recoverable at law or in equity; and no person shall have any right claim or demand under or in respect of any such instrument of disposition or any covenant or agreement therein contained or implied. 10
For the purposes of this and the last preceding section, the following terms and expressions shall have the meanings hereby assigned to them:—
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