The Short Title of this Act is “The New Zealand Company’s Land Claimants Act, 1892.”

In this Act,—

“The New Zealand Company’s Land Claimants Ordinance, 1851,” is hereby incorporated with this Act.

Every Commissioner appointed under “The New Zealand Company’s Land Claimants Ordinance, 1851,” shall be a Commissioner under this Act without further appointment; and such other persons as the Governor may from time to time appoint shall be respectively Commissioners under the last-mentioned ordinance and under this Act.

It shall not be lawful for any Commissioner to entertain or investigate any claim—

In which the claim shall have been heard and allowed, wholly or in part, and in respect of which the claimant shall have accepted in satisfaction of such claim compensation in money, or scrip, or a grant of land;

In which the claim shall have been heard before the passing of this Act by a Commissioner and reported on or disallowed.

Every claim, capable of being prosecuted under the aforesaid ordinance, which shall not be prosecuted to final hearing and reported on or disallowed by the Commissioner before the thirtieth day of June, in the year one thousand eight hundred and ninety-four, by any claimant whether or not usually resident within the colony, unless such time be extended by the Supreme Court in an appeal under section eight of the aforesaid ordinance, shall be deemed to have lapsed.

Every claim which has been heard and determined by a Commissioner but in respect whereof a land-order is required to be delivered up, or a survey is required to be made by or on behalf of any claimant previous to the issue of a grant, shall be disallowed by the Commissioner if such land-order is not delivered up or such survey is not made and a correct plan of land delivered to the Commissioner before the hereinbefore last-mentioned date, whether or not such claimant be usually resident or non-resident in the colony.

Any Commissioner, upon being satisfied, by such evidence as he shall think sufficient, that any original or supplementary land-order issued by the New Zealand Company or by the Plymouth Company has been lost or accidentally destroyed, and that the party claiming land by virtue of such order would be entitled to a Crown grant of the land if such land-order were in existence, may make a report to the Governor that such party is entitled to receive a Crown grant of such land; and the Governor may, upon such report, issue a Crown grant in favour of the person so reported to be entitled to the same.

The Commissioner, before or at the time of making any such report to the Governor as in this section mentioned, shall require security, in such form and to such extent as he may think right, to be given by the party applying for the land for saving and protecting the rights and interests of other parties having claims on such land.

Such security shall be taken to and in the name of such person or persons as shall be appointed in that behalf by the Governor; and such person or persons shall enforce such security for the benefit of the parties whose rights and interests may be so saved as aforesaid.

Notwithstanding anything contained in section two of “The New Zealand Company’s Land Claimants Ordinance Amendment Act, 1861,” any person shall be entitled to have a Crown grant issued to him or in his favour under the provisions of “The New Zealand Company’s Land Claimants Ordinance, 1851,” whose title shall be derived under or through a conveyance or transfer executed at any time subsequently to the thirty-first day of December, one thousand eight hundred and sixty-one, but not subsequently to the thirty-first day of December, one thousand eight hundred and sixty-two.

Every Commissioner deciding upon a claim may require a correct plan of the land described in such claim to be furnished to him, on or before some specified day, and in default thereof the Com missioner may declare such claim to have lapsed.

Every Commissioner, as soon as may be after the expiration of the time limited by this Act for the final hearing of claims, shall declare every claim lapsed—

Which has not been finally disposed of by approval or disallowance, or

In respect whereof the land-order has not been delivered, or

In respect whereof any required survey has not been furnished, or

In respect whereof any Crown grant issued under the authority of section four of the ordinance in favour of a presumed claimant is not claimed and taken up by him;

and shall transmit to the Minister of Lands a list of all such claims, together with a description of the land comprised in the several said claims.

Every claim when declared lapsed by a Commissioner shall be deemed to be abandoned, and the claimant or claimants shall have no further right, title, or interest in respect of such claim, or in respect of any land the subject of such claim.

On the publication of the aforesaid lists in the Gazette, the land comprised in the several claims shall be deemed to be demesne lands of the Crown discharged and free from all contracts or engagements whatever, and thereafter may be dealt with, or reserves made of any portions thereof, in every respect as Crown lands; and every Crown grant made, or certificate of title under “The Land Transfer Act, 1885,” of any such lands at any time before the passing of this Act and not claimed and delivered to the person entitled thereto shall forthwith be cancelled.

For the purpose of giving due publicity to this Act, and to all claimants affected by the same, a notification of the provisions of this Act relating to the time limited for claimants to prosecute their claims to final hearing, and the delivery of land-orders, or the furnishing of surveys, together with the names of the original claimants, their occupation and residence, when possible, and the number of their respective claims or land-orders, if known, shall be published in not less than two consecutive numbers of the New Zealand Gazette, and once in one or more newspapers published in the several cities of London, Edinburgh, Glasgow, and Dublin, in the United Kingdom, as the Minister of Lands shall appoint.

On the thirty-first day of December, in the year one thousand eight hundred and ninety-six, this Act shall expire and be repealed; and on the same day the Ordinance of the Legislative Council of New Zealand and the several Acts of the General Assembly thereof, hereunder enumerated, shall also be repealed:—

1851, Session XI., No. 15. The New Zealand Company’s Land Claimants Ordinance, 1851.

1861, No. 10. The New Zealand Company’s Land Claimants Ordinance Amendment Act, 1861.

1858, No. 77. The Land Orders and Scrip Act, 1858.

1866, No. 26. The Land Orders and Scrip Act (Taranaki), 1866.

1872, No. 48. The Taranaki New Zealand Company’s Land Claims Act, 1872.