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The Pamphlet Collection of Sir Robert Stout: Volume 68

The Maori Real Estate Management Act, 1888

The Maori Real Estate Management Act, 1888.

Provision is required under this Act to empower Trustees, with the consent of a Judge of the Native Land Court, to pay the just debts and funeral expenses of deceased owners out of the estate—that is, the estate of the deceased owner held in trust for the benefit of his heirs. This power should include the right to sell land for that purpose. Trustees should also have the power to exchange land where the Court sees that it will benefit the estate.

Trustees can sell or lease, subject to the approval of a Judge of the Supreme Court. This approval is a necessary safeguard, and could well be exorcised by a "Judge." It would, at least, have the merit of giving more publicity to Natives, and be a saving of expense to all concerned. To omit the words "of the Supreme Court" after the word "Judge" would meet the case.