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Acts Affecting Native Lands, Etc. (In English and Maori), Passed by the General Assembly, Session 1909.

[1909, No. 33. An Act to validate certain Proceedings for the Taking of Land for Public Works.]

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[i roto i te reo Māori]

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New Zealand.
Analysis.

Title.
Preamble.
1.Short Title.
2.Order in Council validated.
3.A sum of £3.000 to be paid by way of compensation out of the Public Works Fund.
4.Compensation to be apportioned among claimants by the Native Land Court.
5.Similar Orders in Council declared valid.
6.Land in Second Schedule declared to be a road.
Schedules.

1909, No. 33.
An Act to validate certain Proceedings for the Taking of Land Title. for Public Works.

[24th December, 1909.
Whereas since the year eighteen hundred and ninety-nine the Preamble. Crown has been in possession of the land described in the First Schedule hereto, and has used the same for electric-lighting purposes, and has for those purposes erected certain works and made other improvements on that land: And whereas doubts were subsequently raised as to the title of the Crown to the said land: And whereas by Order in Council dated the nineteenth day of March, nineteen hundred and seven, and published in the Gazette of the twenty-first day of the same month, the said land was declared to be taken under the Public Works Act, 1905, for electric-lighting purposes as from the twenty-first day of April, nineteen hundred and seven: And whereas the Court of Appeal has decided that the procedure appropriate for the taking of the said land has not been adopted, and that consequently the said land has not been duly taken under the provisions of the said Act: And whereas the like error may have been made in other cases of the taking of the land of Natives for public works: And whereas it is expedient that all such proceedings should be declared valid and effectual notwithstanding any such erroneous procedure: And whereas the land described in the Second Schedule hereto was on the twenty-fifth day of January, eighteen hundred and ninety-nine, taken (along with certain other land) as a road by warrant of the Governor purporting to be issued under section ninety-two of the Public Works Act, 1894: And whereas doubts have arisen whether the said land described in the Second Schedule hereto has been validly taken as a road, and it is expedient to validate the taking thereof:
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Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows.—

1.Short Title. This Act may be cited as the Rotoiti Validation Act, 1909.
2.Order in Council validated. The said Order in Council of the nineteenth day of Marcn, nineteen hundred and seven, is hereby validated, and shall for all purposes be deemed to have taken full effect according to its tenor as from the twenty-first day of April, nineteen hundred and seven; and the land described in the First Schedule hereto is hereby vested accordingly in His Majesty the King for electric-lighting purposes, and shall be deemed to have been so vested as from the last-mentioned date, free and discharged from all mortgages, charges, claims, estates, and interests whatever affecting the same.
3. A sum of £3,000 to be paid by way of compensation out the Public Works Fund.
(1.)The Minister of Finance shall, without further appropriation than this Act, pay out of the Public Works Fund the sum of three thousand pounds by way of compensation for the taking of the land described in the First Schedule hereto.
(2.)The said sum shall be paid to the Public Trustee, and shall be held by him in trust to distribute the same among the Native owners and other persons interested in the said land in accordance with orders of the Native Land Court to be made in that behalf in accordance with the provisions hereinafter contained.
(3.)No fees or commission shall be chargeable by the Public Trustee in respect of the receipt or distribution of the said sum, nor shall any interest be payable by the Public Trustee in respect of the share to which any person is entitled in the distribution of that sum for the period elapsing before the amount of that share has been determined by the Native Land Court.
4. Compensation to be apportioned among claimants by the Native Land Court.
(1.)The Minister of Public Works shall as soon as practicable after the passing of this Act cause application to be made to the Native Land Court to ascertain the persons who are entitled to the sum so payable by way of compensation and the shares in which they are so entitled, and the said Court shall have jurisdiction to determine the same accordingly.
(2.)The Native Land Court shall deduct from the share of compensation so receivable by any person any sum which that person or his predecessor in title has already received from the Public Account in respect of his interest in the said land, and all sums so deducted shall be paid by the Public Trustee into the Consolidated Fund.
(3.)The Native Land Court may, if it thinks fit, in the exercise of its jurisdiction under this section, order any part of the compensation so receivable by any person to be paid by the Public Trustee to the solicitor of that person on account of any costs hereinbefore incurred in connection with legal proceedings in respect of the said land, instead of being paid to that person himself.
5.Similar Orders in Council declared valid. No Order in Council heretofore made under section ninety of the Public Works Act, 1908, or under the corresponding provisions of any former Act relating to the compulsory acquisition of Native land, shall, in any proceedings or in any Court, be questioned or held invalid on the ground that the land purporting to be thereby taken was not Native land within the meaning of the Act under which the Order in Council was made; and every such Order in Council shall page 3take effect and be deemed at all times to have taken effect according to its tenor, notwithstanding any error, defect, or irregularity whatsoever in the procedure by which the land was so taken.
6.The land described in the Second Schedule hereto is hereby Land in Second Schedule declared to be a road. declared to be, and at all times sinoe the twenty-fifth day of January, eighteen hundred and ninety-nine, to have been, a public road vested in His Majesty the King.

Schedules. Schedules

First Schedule.

All those parcels of land, situated in the Land District of Auckland and in Block VI of the Surrey District of Rotoiti, containing respectively and approximately 10 acres and 17 perches, 5 acres 1 rood 28 perches, and 26 acres 2 roods 27 perches, and being portions of the Te Taheke Block: as the same are delineated on the plan marked P. W. D. 21695, deposited in the office of the Minister of Public Works, at Wellington, and thereon coloured red and blue.

Second Schedule.

All that parcel of land, situated in the Land District of Auckland and in Block VI of the Survey District of Rotoiti, containing approximately 1 acre and 22 perches, and being portion of the Te Taheke Block: as the same is delineated on the map No. 5516a, deposited in the office of the Lands and Survey Department, at Auckland, and thereon coloured pink.

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