Kaipo Reserve Act 1892 (No 2)

Public Act		1892 No 27
Date of assent		1 October 1892

	Title
	Preamble.
1	Short Title.
2	Repeal.
3	Native Land Court to have jurisdiction.
4	Estate to vest in Natives found entitled. Proviso.
5	Antevesting date.

An Act to repeal “The Kaipo Reserve Act, 1892,” and to make further Provision for the Determination of the Title to the Kaipo Reserve.

Preamble.

WHEREAS by a Crown grant dated the first day of November, one thousand eight hundred and seventy-six, the piece or parcel of land known as Kaipo, Section eighty, Waitotara Block (hereinafter called “the said land”), was granted to Rio and Piripi, aboriginal native: And whereas it is alleged that the said grant was made in pursuance of an arrangement in that behalf, and with the intention that the said Rio and Piripi should, hold the said land as trustees for the benefit of themselves and other members of the Ngarauru Tribe, but no reference to such alleged trust was made in the said grant: And whereas the said Rio and Piripi are now dead, and successors to their estate and interest in the said land have been appointed, namely, Haata Rio, Matatiria Rio, and Tupuhi Rio as successors to the estate and interest of the said Rio, and Piripi te Rangiirunga, Kirimangu, and Te Amo te Kehu as successors to the estate and interest of the said Piripi: And whereas it is expedient that the other persons, if any, who are or ought to be beneficially entitled to the said lands under and by virtue of the said alleged trust should be ascertained, and provision made for more effectually securing to them the benefit of the said alleged trust:

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 is “The Kaipo Reserve Act 1892 (No. 2).”

2 Repeal.

“The Kaipo Reserve Act, 1892,” is hereby repealed.

3 Native Land Court to have jurisdiction.

The Native Land Court shall have jurisdiction to inquire and determine, and by its order declare, whether any, and, if any, what, persons, being members of the said Ngarauru Tribe, are entitled to an interest in the said land under and by virtue of the said alleged trust, and in what relative proportions.

4 Estate to vest in Natives found entitled. Proviso.

Subject to the provisions hereinafter contained, the said Crown grant shall, if any persons are declared by such order to be beneficially entitled as aforesaid, become and be void and of no effect as from the date of the making of such order, and the said land shall be deemed to be vested in the persons named in such order in that behalf as tenants in common for an estate of freehold in fee-simple in possession as from such antevesting date, if any, as may be determined by the Court: Provided that any order made as aforesaid shall not prejudice the interest or term of any lessee under any lease for an unexpired term of years to which the said land may be subject at the time of the making of such order, nor shall any such lessee be deemed liable to account for any rent or mesne profits that may have accrued due and been paid in accordance with the terms of such lease before the making of such order. But the lessee, after notice of such order, shall pay any rent that may have accrued due and be still unpaid at the time of the making of such order, or that may thereafter accrue due, under his lease, to the Natives for the time being registered as owners of the land comprised in such lease in the proportions in which such owners are interested therein. The Court, if it think fit, may divide the land into such parcels as may be expedient, and may, if necessary, make a lease-order in respect of such parcels in accordance with the provisions of sections thirty-six to thirty-nine inclusive of “The Native Land Court Act, 1886.”

5 Antevesting date.

The Court may also determine what, if any, ought to be the antevesting date of such estate, and such date shall for all purposes be the antevesting date accordingly.

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Kaipo Reserve Act 1892 (No 2)