Green Land Claims Settlement Act 1870
Green Land Claims Settlement Act 1870
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Green Land Claims Settlement Act 1870
Public Act |
1870 No 72 |
|
Date of assent |
13 September 1870 |
|
Contents
An Act to authorize the Governor to grant to George Green certain Lands in satisfaction of his Land Claims under the Land Claims Settlement Acts 1856 and 1858.
Preamble.
WHEREAS George Green of Dunedin is entitled to claim compensation in lieu of certain lands purchased or alleged to have been purchased by him of certain Native chiefs in the Middle Island of New Zealand prior to the year one thousand eight hundred and forty which said lands are described in the several deeds and writings enumerated in the Schedule to this Act And whereas by a resolution of the Land Claims Arbitration Select Committee of the House of Representatives it was referred to the Honorable Alfred Domett Commissioner of the Court of Land Claims to consider the said claims on their merits and to make such award as in his opinion would satisfy the justice of the case without regard to the restrictions imposed by the Land Claims Settlement Acts of 1856 and 1858 and should the award go beyond the restrictions so imposed then that he the said Alfred Domett should recommend the same as a proper subject for special enactment And whereas under the special circumstances of the case the said Alfred Domett has recommended that the said George Green should receive in satisfaction of all and singular his claims for and on account of his aforesaid purchases from Native chiefs five thousand acres of land to be selected by the said George Green or his assigns out of Crown Lands situate in the Provinces of Otago and Southland that is to say two thousand five hundred acres in Otago and two thousand five hundred acres in Southland such selections to be made within the period of six months from the passing of this Act and out of Crown Lands not set apart or appropriated for town sites or suburban sections or already especially reserved or set apart or required to be so reserved or set apart for the last-named or any other special purpose of public utility or advantage in either of the said Provinces And whereas the amount of land so recommended by the said Alfred Domett exceeds the amount allowed by the said Land Claims Settlement Acts and he has therefore recommended the same as a proper subject for special enactment
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 Green Land Claims Settlement Act 1870.”
2 Green to select 5,000 acres.
Auriferous lands excepted from selection.
It shall be lawful for the said George Green at any time and from time to time within the period of six months from and after the passing of this Act but not afterwards to select out of any of the Crown Lands open for sale or selection within hundreds at the date of the passing of this Act situate in the Province of Otago and not already set apart or appropriated for town sites or suburban sections or already specially reserved or set apart or required to be reserved or set apart for the last-named or any other special purpose of public utility or advantage two thousand five hundred acres of land to be selected by the said George Green in such manner as he shall think fit and also to select out of any of the Crown Lands situate in the Province of Southland within hundreds at the date of the passing hereof now or at any time within the said period of six months and not already set apart or appropriated for town sites or suburban sections or already specially reserved or set apart or required to be so reserved or set apart for the last-named or any other special purpose of public utility or advantage two thousand five hundred acres of land to be selected by the said George Green in such manner as he shall think fit Provided that the said lands shall not be selected in more than one block in each of the said Provinces of Otago and Southland respectively and shall not include lands which in the opinion of the Provincial Governments of Otago and Southland at the time of such selection shall be considered auriferous Provided also that all such land so selected by the said George Green and his assigns shall be surveyed at the expense of the said George Green or his assigns he being allowed the compensation in additional acreage for the expenses of such survey provided by “The Land Claims Settlement Act 1856”
aforesaid.
3 Governor may grant land selected.
It shall be lawful for His Excellency the Governor at any time to issue to the said George Green or his assigns a grant or grants of the said land or lands so selected by him or them within the said period of six months so limited as aforesaid for that purpose Provided always that before any such grant or such grants shall be issued it shall be proved to the satisfaction of the Governor that all expenses of James Spencer and other persons charged upon the said land or lands by “The Green and Spencer Land Claims Act 1868”
and “The Green and Spencer Amendment Act 1870”
shall have been liquidated or otherwise duly provided for.
4 All Green’s claims to vest in the Crown.
All and singular the right title interest possession property claim and demand whatsoever of the said George Green and his assigns or any of them in and to all and every of the said lands and hereditaments hereinbefore mentioned as having been purchased or alleged to have been purchased by the said George Green of Native chiefs of New Zealand described and comprised in any of the said deeds documents and muniments of title enumerated mentioned or set forth in the said Schedule to this Act except as hereinbefore provided are and is and shall be henceforth absolutely vested in Her Majesty the Queen and her successors for ever to be by her and her successors held in the same manner and subject to the laws rules and regulations in force for the time being respecting other Waste Lands of the Crown in the Colony of New Zealand freed and discharged of all claims and demands whatsoever by or on the part of the said George Green his representatives and assigns.
5 Except claim to land at Rugged Point.
Nothing in this Act contained shall be taken to affect the right of the said George Green and his assigns to a grant of one hundred and ninety-eight acres of land in Stewart’s Island near a place called Raggedy or Rugged Point awarded to the said George Green under and by virtue of a certain award made by the said Alfred Domett bearing date the twenty-first day of January one thousand eight hundred and sixty-seven to be selected and surveyed by him in the manner and upon the conditions set forth in the said last-mentioned award.
6 Interpretation.
Before the union of the Provinces of Southland and Otago the provisions of this Act relating to the Province of Southland shall be deemed to apply to so much of the united Province of Otago and Southland as shall be within the present Province of Southland and the provisions relating to the Province of Otago shall be deemed to apply to so much of the united Province as shall be within the present Province of Otago and the provisions of this Act relating to the Provincial Governments of Otago and Southland respectively shall be deemed to apply to the Provincial Government of the said united Province.
Schedule
| Date. | Description. |
|---|---|
| 1. 30th and 31st October, 1838. | Release. West Coast Block. |
| 2. 30th and 31st October, 1838. | Release. Centre Island. |
| 3. 30th and 31st October, 1838. | Release. Kowekapito Bay |
| 4. 30th March, 1840. | Indenture. Catlin’s River. |
| 5. 7th April, 1840. | Memorandum of Sale. Island of Ahmataroa. |
| 6. 30th February, 1840. | Indenture. Otago Heads. |
And any other deeds, documents, or muniments of title founded on transactions between George Green and any Aboriginal Natives of New Zealand intended to be dealt with by the Land Claims Settlement Acts of 1856 and 1858.
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Versions
Green Land Claims Settlement Act 1870
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