Native Contracts and Promises Act 1888
Native Contracts and Promises Act 1888
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Native Contracts and Promises Act 1888
Native Contracts and Promises Act 1888
Local Act |
1888 No 26 |
|
Date of assent |
28 August 1888 |
|
Contents
An Act to enable the Governor to fulfil certain Contracts and Promises made by or on behalf of the Government.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Native Contracts and Promises Act, 1888.”
2 Warrants may be granted under “The Land Transfer Act, 1885.”
For the purpose of vesting the land mentioned or described in the first column of the Schedule to this Act in the several persons whose names are set forth in the second column of the said Schedule respectively, the Governor may grant warrants under “The Land Transfer Act, 1885,”
for the issue of certificates of title, subject to the conditions and restrictions (if any) in the said second column specified.
3 Error in “The Special Powers and Contracts Act, 1886,”
amended.
Paragraph twenty-four in the second column of the Schedule to “The Special Powers and Contracts Act, 1886,”
shall be road as if the figures “346”
had been therein inserted in place of the figures “345,”
and as if the figures “1131”
had been therein inserted in place of the figures “1139.”
Schedule
| First Column. | Second Column. |
|---|---|
| Auckland. 1. A promise was made to grant to Te Para te Apurangi, a Native, all that parcel of land being Section No. 97a, Block I., Opotiki Survey District, Parish of Waiotahi, containing five acres. | 1. A warrant for a land-transfer certificate in favour of Te Para te Apurangi, a Native; the land the subject of such certificate to be declared to be inalienable except with the assent of the Governor or other authority. |
| 2. The Government in the year one thousand eight hundred and sixty-seven promised, in satisfaction of certain claims, a grant to Hamiora Ngaropi, a Native, for all that parcel of land being Lot 184, in the Parish of Karamu, Block VI., Alexandra Survey District, and containing ten acres or thereabouts. | 2. A warrant for a land-transfer certificate in favour of Hamiora Ngaropi, a Native; the land the subject of such certificate to vest in the said Hamiora Ngaropi from the first day of January, one thousand eight hundred and sixty-eight. |
| 3. The Government in the year one thousand eight hundred and seventy-five promised to Maraki Kohea and Rewai Rangimataeo, a grant of all that parcel of land situate in the Taramarama Survey District, Provincial District of Auckland, being the middle portion of Section No. 111, and containing by admeasurement one hundred acres. | 3. A warrant for a land-transfer certificate in favour of Maraki Kohea and Rewai Rangimataeo, Natives; as tenants in common; such certificate to reserve a right-of-way not exceeding one hundred links in width over the land, and which land is to be inalienable except with the assent of the Governor or other authority, the said parcel of land to vest in Maraki Kohea and Rewai Rangimataeo on and from the ninth day of October, one thousand eight hundred and seventy-five. |
| 4. On and after the sale to the Government of the Okahu Block, it was a stipulation that a grant of all that parcel of land, containing by admeasurement forty-eight acres two roods, being Section No. 15 of Block III., Waiwera Survey District, should be given to Hemara Tauhia upon his paying to the Government the sum of seventeen pounds. | 4. A warrant for a land-transfer certificate in favour of Hemara Tauhia. |
|
5. By an order of the Native Land Court made at Shortland on the fifth day of August, one thousand eight hundred and seventy-eight, it was declared that Her Majesty the Queen had acquired an estate of inheritance in fee-simple in possession of the Waikawau Block, containing forty-four thousand one hundred and sixty-one acres or thereabouts, situated in the District of Thames, in the Provincial District of Auckland, subject, nevertheless, to the parcels of the said land hereinafter mentioned being held by Her Majesty in trust for the persons and subject to the restrictions in each case respectively specified, that is to say,— The Waipatukahu Reserve, containing fifteen acres, more or less, the Wairotoroto Reserve, containing five acres, more or less, and the Omawhiti Reserve, containing ten acres, more or less, being burial-places for the people of Ngatitamatera, to be held in trust as aforesaid for three Natives in the said order mentioned; Te Puru Reserve, containing five hundred and twenty acres, more or less, to be held in trust for twenty-six Natives in the said order mentioned; The Waiomu No.1 Reserve, containing one hundred and seventy-six acres, more or less, to be held in trust for eighteen Natives in the said order mentioned; The Waiomu No. 2 Reserve, containing two hundred and forty-five acres, more or less, to be held in trust for twenty-two Natives in the said order mentioned; The Waiomu No. 3 Reserve, containing two hundred and forty-eight acres, more or less, to be held in trust for thirty-six Natives in the said order mentioned; The Waipatukahu No. 5 Reserve, containing one thousand and twenty acres, more or less, to be held subject to the goldfields agreements referred to in and validated by Te Mata South Reserve, containing one hundred and eighty-five acres, more or less, to be held in trust for twenty-seven Natives in the said order mentioned; Te Mata North Reserve, containing sixty-six acres two roods, more or less, to be held in trust for fourteen Natives in the said order mentioned; The Waikawau South No. 1 Reserve, or Waikawau No. 4, containing forty-seven acres, more or less, to beheld in trust for Takerei te Putu; The Waikawau South No. 2 Reserve, or Waikawau No. 5, containing seventy-five acres, more or less, to be hold in trust for five Natives in the said order mentioned; The Waikawau North Reserve, containing one thousand two hundred and ten acres, more or less, to be held in trust for twenty-nine Natives in the said order mentioned; The Otakeo No. 1 Reserve, containing one hundred and eleven acres, more or less, to be held in trust for fifteen Natives in the said order mentioned; The Otakeo No. 2 Reserve, containing one thousand and ninety-six acres, more or less, to be held in trust for eighteen Natives in the said order mentioned: And whereas it is now desired to divest Her Majesty of the foregoing trusts by the issue of titles to the Natives respectively interested in the said reserves. |
5. Warrants for land - transfer certificates in favour of the Natives respectively, for whom the several parcels of land within the said Waikawau Block were directed as aforesaid to be held by Her Majesty in trust, each parcel to be inalienable except by way of lease for terms not exceeding twenty-one years, without the assent of the Governor. The said parcels of land to respectively vest on and from the fifth day of August, one thousand eight hundred and seventy-eight. |
| 6. An error was made in the boundary-line of the Wairoa Confiscated Block, and before it was rectified Natives suffered a loss of 40 acres of land which had been awarded to a military settler, and to make good such loss it has been promised and agreed that a grant should be made of all that parcel of land known as Section No. 2a, situated in Block X., Taramarama Survey District, Wairoa Comity, in the Land District of Hawke’s Bay, containing by admeasurement 41 acres and 38 perches. | 6. A warrant for a land-transfer certificate in favour of Tamehana Huata, Te Hapimana Tunupaura, Whatawhata, Emere Tepuna, Mihiterina Ahuone, Apirana Whatawhata, Raihania Whatawhata, Tamihana Whatawhata, Te Waata Taiaroa, and Wiremu te Neera as tenants in common, the land the subject of such certificate to be inalienable, except with the consent of the Governor or other authority. |
7. All that parcel of land in the Town of Port Chalmers containing by admeasurement 2 roods, more or less. Bounded towards the north by the Town Belt; towards the north-east by a road along the beach; towards the south by Section No. 401; towards the east by said Section No.401; again towards the south by Section No. 404; and towards the west by a road-line: as the same is delineated on the plan in the Survey Office, Dunedin, having, in the year 1852, been, in conjunction with other parcels of land in the Town of Port Chalmers, set apart as a Native reserve, application was, in the year 1868, made to the Native Land Court to issue a title to such parcel of land, but, owing to allegations that the Court had not jurisdiction in the matter and that the land formed part of the Town Belt of Port Chalmers, the matter was not dealt with, but, upon subsequent inquiry, the said land proved not to form part of the said Town Belt, and thereafter, upon petition No. 87, Session II., 1887, a Select Committee of the House of Representatives reported it to be “advisable that a clause should be inserted in the Special Powers and Contracts Act dealing with the said matter,”and it being advisable that such dealing should be by causing the title to such land to vest in the Natives originally intended. |
7. A warrant for a land-transfer certificate in favour of Hori Kerei Taiaroa, Hoani Wetere Korako, and Te One Topi Patuki, aboriginal natives, the land the subject of such certificate to vest in the said Natives from the 31st day of March, 1870, and to be inalienable, except with the assent of the Governor or other authority. |
| 8. To give effect to engagements made with Natives that the lands mentioned in the Second Column should be returned to them out of the land deemed to be included in Matthew Marriner’s old land claim at Kohukohu, Hokianga. |
8. The Native Land Court may determine what Natives and half-castes are entitled to a fulfilment of the engagements made in respect of the under-mentioned land, and also upon what trusts (if any), and subject to what restrictions (if any), the said lands should be subject, and the Governor may issue accordingly warrants for titles under the Land Transfer Act:— (a.) A Native burial-ground reserve called (b.) A reserve called |
| 9. In supplement of the awards of the Native Lands Court on the subdivision of the Kaiapoi and Moeraki Reserves as regards the descendants of Iwa, Pukio, and Hineiwetea, whose names appear on the list of the sellers of the Ngaitahu Block, taken by Mr. Commissioner Mantell in 1848. | 9. Mr. Commissioner Mackay may inquire into the claim of Tini Kerei Taiaroa to inherit the rights of the said Iwa, Pukio, and Hineiwetea, and, if satisfied of the correctness thereof, may award to her an allotment proportioned to her interest in such inheritance out of the undistributed portion of the said reserves, or of either of them, or out of other lands applicable for such purpose; and the Governor may, in accordance with such award, issue a warrant for title under the Land Transfer Act. |
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Versions
Native Contracts and Promises Act 1888
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