The Short Title of this Act is “The Native Reserves Act, 1882.”

In this Act, if not inconsistent with the context,—

All lands coming within any of the definitions following shall be deemed to be Native reserves, that is to say,—

Lands which have been or shall hereafter be excepted or reserved by Natives on the cession or surrender of lands to the Crown, and specified as so excepted or reserved in the deed of conveyance, cession, or surrender:

Lands which have been or shall hereafter be reserved or excepted for the benefit of Natives upon the sale by them to the Crown of any lands:

Lands which, by virtue of the provisions of the fourteenth section of “The New Zealand Native Reserves Act, 1856,” or the seventh section of “The Native Reserves Amendment Act, 1862,” may have been subject to the provisions of “The New Zealand Native Reserves Act, 1856:”

Lands comprised in blocks guaranteed to or set apart for the benefit of Natives by Colonel McCleverty, or according to the directions of any Commissioner appointed to investigate purchases of land made from Natives by the New Zealand Company:

Lands reserved for the benefit of Natives by the New Zealand Land Company or New Zealand Company:

Lands vested in the Public Trustee under this Act.

Provided however, and it is hereby declared, that the whole of the land between the Turakina and Whangaehu Rivers, in the Whanganui District, which, by a deed of cession dated the fifteenth day of May, in the year one thousand eight hundred and forty-nine, was reserved by the owners thereof as a gathering-place for the men of Ngatiapa, shall be deemed to have remained and to be Native land, and subject to the jurisdiction of the Court from the beginning.

All Native reserves made within the territory described in the Schedule hereto, and which at the commencement of this Act were subject to the provisions of any Act repealed by this Act, shall be subject to the provisions of this Act.

Except as mentioned in the last-foregoing section, this Act shall not have any operation in that part of the colony known as the Confiscated Territory, described in the Schedule to this Act.

Subject to this Act the Court shall have the same jurisdiction over any Native reserve to which the Native title has been or shall be extinguished, and may take all such proceedings and make such orders with respect to any such Native reserve which comes before it for investigation or for any other purpose, as it has and may do with respect to any land owned by Natives under their customs or usages.

The Acts for the time being in force for regulating or relating to the practice and procedure of the Court, and the Acts for the time being in force establishing, regulating, and relating to the Public Trust Office, so far as the same may be respectively applicable, are hereby incorporated with this Act.

All lands and personal estate now vested in the Governor or any Commissioner or public officer (as such) under any Act heretofore in force relating to Native reserves shall, from the commencement of this Act, be deemed to be placed in the Public Trust Office, and shall vest in the Public Trustee, subject to the trusts attached thereto respectively.

The Governor in Council may from time to time make regulations under the thirteenth section of “The Public Trust Office Act, 1872,” for the administration of Native reserves under this Act, and for fixing the charges to be paid as cost for managing the same.

The salaries of all officers appointed for the administration of this Act, or the carrying out any of the purposes thereof, shall be defrayed out of such moneys as shall from time to time be appropriated by the General Assembly in that behalf.

Every contract, promise, or agreement heretofore lawfully made by the Governor, or by any Commissioner or delegate heretofore duly appointed, shall be deemed to have been made with the Public Trustee, and shall be carried out by him according to the true intent and meaning thereof.

All such Commissioners and delegates shall, within six months from the commencement of this Act, furnish to the said Public Trustee, for examination and approval, a full and true statement and account of each estate and matter in their hands or under their management and control.

Before the thirtieth day of April, in the year one thousand eight hundred and eighty-three, the Public Trustee shall furnish to the Minister for Native Affairs a full statement of all such accounts, with such remarks appended to the account of each reserve as he may think fit to make:

And, so long as any reserve shall remain under his management or control, the aforesaid Trustee shall annually furnish such account of each reserve as aforesaid to the Minister for Native Affairs.

A copy of all such accounts shall be laid by the aforesaid Minister before each House of the General Assembly as soon as may be after the receipt thereof by him.

Every Native reserve shall be used, and the rents and proceeds thereof be applied, for and towards the purposes or objects to which the same are applicable respectively, and none other.

Provided that where any such purposes or objects have become obsolete or no longer possible of attainment, the Board, with the consent of the Governor in Council, may direct to what purpose or object similar to the original object any such reserve may be devoted.

Where any Native reserve has been or shall be made for the benefit, or in trust for the benefit, of any Natives, whether individually or collectively, the said word “benefit” in any instrument constituting the trust shall be construed to mean the physical, social, moral, or pecuniary benefit of such Natives, and shall extend to include the providing of medical assistance and medicines; and the proceeds of any such reserve may be applied accordingly.

The Public Trustee may, with the sanction of the Board, from time to time, lease any portion of the reserves vested in him or under his control, in respect of which no trust shall have been created inconsistent with the exercise of this power—

For agricultural or mining purposes, to any person or persons for any term not exceeding thirty years in possession, subject to such covenants and provisos as shall seem fair and equitable; and

For building purposes, for any period not exceeding sixty-three years by renewable terms, not exceeding twenty-one years each, subject to a new assessment of ground rent at every such renewal, subject as aforesaid.

Every such lease shall be subject to such regulations as may be prescribed under this Act, and also to the following conditions, that is to say,—

Wherever doubts shall arise as to the persons who may claim to be beneficially interested in any portion of the land comprised within any Native reserve, the Public Trustee shall make application to the Court for the purpose of ascertaining the names of all persons who shall be deemed to be beneficially interested therein.

And the Court shall hear any such application, and determine the same according to such evidence and in such manner as it shall think best, and shall make such order therein as to it shall seem fitting.

In case there shall be at any time no Native entitled to the benefit of the proceeds accruing out of any Native reserve, the Public Trustee shall hold such reserve and the proceeds thereof upon trust for such purposes as the Governor in Council may appoint.

The above sections, from eight to seventeen both inclusive, shall apply only to land and personal estate vested in the Public Trustee under section eight of this Act.

Except as hereinbefore provided, no Native reserves shall be subject to the administration of the Public Trustee under this Act until the Native title over such land shall have been extinguished, nor until the assent of the Natives to bring any such land under the provisions of this Act has been ascertained in manner as is provided in the next succeeding section, and vesting orders made as therein mentioned.

The Native title shall be deemed to be extinguished when the land is held under Crown grant or under a certificate of title or memorial of ownership issued by the Court under any Native Land Act for the time being in force.

In any case where it would be advantageous for the owners of any Native reserve, over which the Native title has not been extinguished as aforesaid, to bring the same under the operation of this Act for the purpose of management, the Public Trustee, with the consent of the Natives beneficially interested therein, may make application to the Court for that purpose; and thereupon,—

The Court shall hear and determine any such application as if the same had been made by the owners of the land, and shall ascertain in the manner it shall think fit the names of all the owners of the land comprised in the application, the proportionate undivided share of each owner therein, and the assent or dissent of the said owners to such land being dealt with in the manner proposed:

If the Court shall be satisfied with the inquiry made, it shall order the names of all the persons who have been found to be the owners thereof to be placed on the register as the owners, and a certificate of title to issue to such owners either collectively or individually, and also may order that the land comprised in the application, or so much thereof as the Court shall think fit, shall thenceforth vest in the Public Trustee as a Native reserve subject to the provisions of this Act:

Upon any application as aforesaid, either the Public Trustee or the owner may make a suggestion to the Court of the particular trusts or purposes upon or for which it may be proposed that the land shall be held for the future:

And thereupon, if the Court shall be satisfied that the owners all concur in the suggestion, and that such intended trusts or purposes are likely to be beneficial to such owners, the said Court shall make an order declaring that the land shall be held in future upon or for such trusts or purposes accordingly:

The land described in any such order shall, from the date thereof, vest in the Public Trustee, to be held in fee-simple upon such trusts and for such purposes and with such powers as shall be declared by the Court in each case, and shall be dealt with by him subject to the said trusts only:

Every application made to the Court on behalf of the Public Trustee by any person duly appointed or authorized in writing to act in his behalf shall be deemed to be made by the Public Trustee:

Every order made by the Court under the provisions of this section shall forthwith, after the time allowed for an application for the rehearing of any case, be published in the Gazette and also in the Kahiti.

The owners of any land in respect of which the Native title has not been extinguished, as hereinbefore mentioned, may apply to the Court for the purpose of transferring all their estate and interest in such land to the Public Trustee, upon such particular trusts and purposes as they shall declare to the Court.

Upon any such application the Court shall proceed, as provided in the last foregoing section, to determine the Native title over the land comprised in the application, and may make an order vesting such land to be held in fee-simple in the Public Trustee, subject to such trusts as the Court shall declare in that behalf.

Where any Native reserve vested in the Public Trustee, or under his control, or held by any Natives under Crown grant, memorial of ownership, or certificate of title, is subject to any restrictions, limitations, or conditions, such Trustee or Natives respectively may apply to the Court to have the same or any of them annulled and removed.

The Court, on proof in all cases being made of the consent of the Public Trustee or persons interested respectively to the application, may hear the same, and may make such order in compliance therewith or otherwise, or reject such application, as it shall think fit.

Any such order shall be good and valid in law, and may be registered as an instrument of title under “The Deeds Registration Act, 1868,” or under “The Land Transfer Act, 1870.”

Before altering or removing any restrictions, limitations, or conditions attached to any Native reserve, the Court shall be satisfied that a final reservation has been made, or is about to be made, amply sufficient for the future wants and maintenance of the tribe, hapu, or persons to whom the reserve wholly or in part belongs.

Every order removing any such restrictions, limitations, or conditions as aforesaid shall he signed by the presiding Judge, and sealed with the seal of the Court, and shall have the effect of rendering the land or hereditaments described absolutely as free and clear of and from all restrictions, conditions, and limitations as if none had ever been contained therein; and any order partially annulling or changing any restrictions, limitations, and conditions therein contained, shall operate and have effect according to the intent and meaning thereof.

Where all the grantees named in any Crown grant whereby any land has been granted to them in trust for themselves and others, but no trust has been expressed in the grant, shall agree to surrender the same, or where the majority of the persons beneficially interested in such land shall apply to him for the purpose of having the grant cancelled, the Public Trustee may apply to the Court to have such grant annulled and to have another instrument of title substituted therefor, wherein the names of all the persons entitled to the land shall be inserted, and the trusts upon which such land is to be held indorsed thereon; and the Court, on proof in all cases being made of the consent of the persons concerned to the application, may hear the same, and may make such order in compliance therewith or otherwise, or reject such application, as it shall think fit.

Such order shall be good and valid in law, and the effect shall be the same as if the Crown grant had been absolutely repealed by scire facias.

Every final judgment given under this Act shall be subject to rehearing under the provisions of any Native Land Act for the time being in force; and a copy of every such judgment, and of the subsequent judgment on a rehearing (if any), shall be forthwith forwarded by the Clerk of the Court to the Public Trustee.

The Clerk of the Court shall punctually furnish to the Public Trustee copies of all notices of sittings issued by the Court.

The Governor may, from time to time, appoint a Native Reserves Commissioner, (herein referred to as “the Commissioner,”) who shall, subject to the direction of the Public Trustee, conduct all or any portion of the routine business relating to the administration of Native reserves vested in the Public Trustee or under his control.

The said Commissioner may personally, or by agent appointed in writing, in the name of the Public Trustee and on his behalf,—

Make all applications and conduct any proceedings in the Court in relation to any Native reserve, and do all other things necessary or required to be done in relation thereto respectively.

Take all necessary proceedings, criminal as well as civil, in law or in equity, when authorized thereto in writing, touching or concerning any Native reserve, or any proceeds thereof whatsoever, vested in the Public Trustee.

It shall be the duty of the Commissioner, in person or by agent, to apply to the Court, and show why any land being adjudicated upon by the said Court or any part thereof,—

Should not be adjudicated upon, as being surplus lands vested in Her Majesty, the Native title over the same having been extinguished by former land claimants; or

Should be made inalienable to any person other than Her Majesty, as being required for the purpose of a road, wharf, landing-place, or any other object of public utility or convenience, or on the grounds that the public peace might be affected by the alienation; or

Should be rendered subject to any restrictions, conditions, or limitations on alienation, so as to prevent the Natives from so far divesting themselves of their land as to retain insufficient for their support and maintenance.

On any such application the Court may make such order as it shall think just; and, where any land is to be reserved inalienably to Natives, it may, as to any part or the whole of such land, issue a memorial of ownership or certificate of title for the same, or, with the concurrence of the Natives beneficially interested therein, order that a grant may be made thereof, or a part thereof, to the Public Trustee, stating in such order the objects of the trust, the names of the cestui que trust, and the estates or interests to be created by such grant.

Wherever on the cession or sale of any lands to Her Majesty by Natives, any of such lands have been or shall be excepted from such sale by the Native sellers, or where any lands have been or shall be set apart for Natives by the Governor or the Court, the Commissioner may apply to the Court for an order defining the individuals for whom any such land shall be deemed to be set apart and the proportionate share of each such individual therein respectively; and the Court may hear such application and make order therein accordingly.

Nothing in any Disqualification Act for the time being in force affecting members of the General Assembly shall be deemed to disqualify or impose any penalty upon any Native in consequence of his being appointed to or of holding any appointment under this Act to which any salary is attached.

Nothing in this Act contained shall apply to or affect the land granted under the provisions of “The Poverty Bay Grant Act, 1869,” and “The Poverty Bay Grant Act Amendment Act, 1871.”

The several Acts enumerated below are hereby repealed:—