Mohaka and Waikare District Act 1870
Mohaka and Waikare District Act 1870
Checking for alerts... Loading...
Mohaka and Waikare District Act 1870
Mohaka and Waikare District Act 1870
Public Act |
1870 No 60 |
|
Date of assent |
12 September 1870 |
|
Contents
An Act to give effect to an Agreement for the Disposal of the Mohaka and Waikare District.
Preamble.
WHEREAS by an Order in Council dated the twelfth day of January one thousand eight hundred and sixty-seven and made in pursuance of “The New Zealand Settlements Act 1863”
and the Acts amending the said Act a certain district called the Mohaka and Waikare District was declared to be a district within the provisions of “The New Zealand Settlements Act 1863”
And whereas a certain agreement was entered into by or on behalf of the Government of the Colony of the one side and the loyal claimants to land within such district of the other side for the settlement of the claims of such persons to land within such district and a copy of such agreement is deposited in the Office of the Secretary for Crown Lands and it is expedient that the said agreement should be carried into effect
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.
The Short Title of this Act shall be “The Mohaka and Waikare District Act 1870.”
2 Agreement between Government and claimants to land in a certain block taken under “The New Zealand Settlement Act”
declared binding.
The said agreement is hereby declared to be and to have been valid since the thirteenth day of June one thousand eight hundred and seventy and to be binding on the Government of New Zealand and all the persons whose names are stated in the said agreement and in the Schedule thereto and a copy of such agreement with such Schedule authenticated by the Secretary for Crown Lands shall be deposited in the Office of the Colonial Secretary and a copy thereof shall also he laid before Parliament in the next Session.
3 Governor empowered to cause surveys &c. to be made.
The Governor may cause the pieces of land mentioned in the said agreement and in the Schedule thereto to be defined and the boundaries thereof to be ascertained by survey or otherwise but so that the boundaries so to be ascertained may coincide as nearly as possible with the boundaries indicated on a certain plan of the said district deposited in the Office of the Secretary for Crown Lands at Wellington.
4 Certain portions declared vested in the Crown.
Such of the said pieces of land so to be defined as are mentioned in the several paragraphs of the said agreement numbered respectively first second third fourth and fifth shall upon the Governor declaring by notice published in the New Zealand Gazette that such survey has been completed be deemed to be vested absolutely in Her Majesty and shall be dealt with in the same manner in all respects as other lands taken under the provisions of “The New Zealand Settlements Act 1863”
as amended by “The New Zealand Settlements Act 1864”
and “The New Zealand Settlements Amendment and Continuance Act 1864”
and “The New Zealand Settlements Act Amendment Act 1866.”
5 Residue to be granted to claimants in fee-simple subject to certain restrictions on alienation.
As to the residue of the pieces of land so to be defined as aforesaid the Governor may cause Crown Grants to be issued in favour of the persons who in pursuance of the said agreement are entitled respectively to the said pieces of land in fee-simple subject to the following limitations and restrictions—
(1.)
The said land shall not be alienated save by lease as hereinafter mentioned nor charged or encumbered in any manner whatever and all deeds wills and other instruments purporting to transfer charge or encumber the said land or any part thereof except as aforesaid shall be ineffectual for such purpose
(2.)
The said land shall not be liable to be sold charged or taken under any decree judgment or other process of any Court or otherwise save under any law relating to the compulsory taking of land for roads railways or other public works
(3.)
When any of the persons named in any such Crown Grant shall have died at any time before or after the passing of this Act and whether before or after the issue of the Crown Grant of the land mentioned therein the Native Land Court of New Zealand shall have jurisdiction to inquire as to the person or persons who ought in the judgment of the Court to succeed to the interest of such person in the said land in the same manner as in the case of a Native dying seized of hereditaments under “The Native Lands Act 1865”
and the said Court may make a testamentary order thereon
(4.)
The said land may be let for any term not exceeding twenty-one years from the making thereof without fine premium or fore-gift and without any covenant for renewal.
6 Whakaare Peninsula to be a reserve for landing-place &c.
The peninsula known as Whakaare containing ten acres more or less and bounded towards the land by a line to be defined by direction of the Governor shall remain vested in Her Majesty but shall be held as a reserve for a landing-place for all Her Majesty’s subjects and as a fishing-ground for the use of the persons for the time being entitled to any part of the said Mohaka and Waikare District not declared by this Act to remain vested in Her Majesty.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Mohaka and Waikare District Act 1870
RSS feed link copied, you can now paste this link into your feed reader.