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The Pamphlet Collection of Sir Robert Stout: Volume 68

Native Lands Frauds Prevention Act, 1881, Amendment Act, 1886

page 8

Native Lands Frauds Prevention Act, 1881, Amendment Act, 1886.

I have already referred to Section 5 of this Act. A very serious defect exists in Section 3, which has reference to the execution of deeds. The section very properly provides that a statement in the Maori language, certified as correct by a Licensed Interpreter, of the effect of a conveyance or lease shall, before the document is signed, form part of that document, and (Subsection b) "the effect of such statement shall be explained to each Native before signing." There is a very important omission here. It is not imperative that the statement shall be explained by a Licensed Interpreter. This, as already stated, is a very serious defect, and requires amending. The words "by a Licensed Interpreter" after the word "explained" would meet the case.

Section 3 is only mandatory as to the statement in the Maori language to a deed of conveyance or lease. From this it follows that deeds and documents such as powers of attorney, declarations of trust, wills, settlements, bills of sale, stock mortgages, or wool liens require no such statement to be endorsed or form part thereof. It is singular that the law is quiescent as to "statements" forming part of the above deeds or documents, and yet insists that promissory notes and bills of exchange shall bear a written interpretation on the back, and a certificate from the Licensed Interpreter that the maker or endorser understood the obligation imposed before he signed the same.