Whereas under the South Island Landless Natives Act 1906 (since repealed), and under section 88 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1916, authority was given to provide land for landless Maori as therein mentioned:
And whereas various areas of Crown land in pursuance of the powers in that behalf have been or may be permanently reserved for the purpose:
Be it therefore enacted as follows:
(1) Where the names of persons deemed to be beneficial owners of any land so reserved as aforesaid, or any part thereof, have been published in the Gazette or Kahiti and titles therefor have not already been issued, the District Land Registrar of the appropriate land registration district is authorised, on the request of the Minister of Maori Affairs or any person interested, to issue a certificate of title vesting any part of such land in fee simple in the persons named in such Gazette or Kahiti for an estate in fee simple as tenants in common in the relative interests set out, which relative interests shall be expressed in shares in lieu of acres. Such title shall antevest as from the date of the land being permanently reserved for the purpose.
(2) Where the names of the persons deemed to be entitled have not been published as aforesaid and the Governor-General is satisfied that the beneficial owners have been ascertained after due inquiry, the Governor-General may, by Warrant under his hand, direct the District Land Registrar to issue a certificate of title for any such land to which they may be found entitled to the persons so deemed to be entitled, and the District Land Registrar is authorised to issue certificates of title accordingly, vesting the land in the persons entitled as tenants in common in the relative interests set out. Such title may be antevested to any date named in the Governor-General's Warrant.
(3) All titles issued under the preceding subsections shall have a memorial endorsed thereon that they are issued under and subject to the provisions of this section. Such titles may issue although persons named therein may be deceased, and the interest of any person so deceased shall enure for the benefit of any successor appointed by the court.
(4) All land permanently reserved and allocated in favour of landless Maori under the enactments in this section first recited (whether titles are issued under this section or otherwise) shall be deemed to be Maori land within the meaning of the principal Act.
(5) The said land, or any interest therein, may be acquired by and alienated to the Crown as fully and freely and in the same manner as if it was ordinary Maori land or land within the meaning of the principal Act and any statutory provision to the contrary is declared not to affect such lands.
(6) If and whenever the said land or any portion thereof is not the subject of an alienation or is not in the occupation of any of the beneficial owners, the Governor-General may, by Order in Council published in the Gazette, resume such land or any part thereof, and thereupon the said land shall again become Crown land freed and discharged from any right or claim thereto by the beneficial owner. The former beneficial owners thereof shall be entitled to compensation as if the land had been taken for a public work, and all the provisions of the Public Works Act 1928 as to payment and assessment of compensation shall apply accordingly.
(7) Where the court is satisfied that any beneficial owner cannot be found and that it is in the interests of the owner or in the public interest that the land should be alienated, it may make an order appointing the Māori Trustee to execute as agent and in the name of the owner any instrument of alienation, which instrument may be confirmed, and shall thereupon have the same force and effect, and may be registered in the same manner, as if executed by the owner. All proceeds of any such alienation shall be paid to the Māori Trustee, who shall hold the same in trust for the person beneficially entitled thereto. The death of the owner, either before or after the granting of such court order, shall not invalidate any alienation entered into in good faith.
(8) All land referred to in this section shall be deemed to be subject to the operation of section 30 of the Mining Act 1926.
(9) Where any land permanently reserved pursuant to the enactments referred to in the recital to this section has not been allocated, that land may be dealt with as if it were ordinary Crown land subject to the Land Act 1948.
Compare: 1923 No 32 s 17
Section 110 heading: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).
Section 110: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).
Section 110(1): amended, on 27 November 1947, pursuant to section 3(2) of the Maori Purposes Act 1947 (1947 No 59).
Section 110(4): amended, on 28 October 1960, by section 18(1) of the Maori Purposes Act 1960 (1960 No 120).
Section 110(4): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).
Section 110(5): amended, on 22 October 1959, by section 30(3) of the Maori Purposes Act 1959 (1959 No 90).
Section 110(5): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).
Section 110(7): amended, on 27 November 1947, pursuant to section 9(2)(a) of the Maori Purposes Act 1947 (1947 No 59).
Section 110(9): inserted, on 20 October 1966, by section 15 of the Maori Purposes Act 1966 (1966 No 106).