Act Repealed Latest version as at 22 August 1892 (as enacted) | 1892 No 5

Kaiapoi Native Reserves Act 1877 Amendment Act 1892

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Contents

Preamble.

Short Title.

Memorials declared void.

Persons declared owners.

Court to be deemed to have had jurisdiction.

Registration may be effected.

Kaiapoi Native Reserves Act 1877 Amendment Act 1892

Public Act		1892 No 5
Date of assent		22 August 1892

	Title
	Preamble.
1	Short Title.
2	Memorials declared void.
3	Persons declared owners.
4	Court to be deemed to have had jurisdiction.
5	Registration may be effected.
6	Trustees.
7	Restrictions.
8	Repeal.
	Schedule

An Act to amend “The Kaiapoi Native Reserves Act, 1877.”

Preamble.

WHEREAS by “The Kaiapoi Native Reserves Act, 1877” (hereinafter called “the said Act”), the pieces of laud and hereditaments described in the first column of the Schedule hereto were reserved and set apart out of the waste lands of the Crown in the Provincial District of Canterbury for the use and benefit of the Kaiapoi Natives, as the same are defined in section two of the said Act; and it was enacted that the Governor might, by Order in Council, direct the Native Land Court to forthwith inquire into the particulars in section four of the said Act mentioned, and that the Court should make an order setting forth its decision thereon: And whereas provision was also made by the said Act for the declaration of trusts and appointment of trustees, or for a subdivision of the said pieces of land, so that each Kaiapoi Native might hold his share in severalty: And whereas by an Order in Council dated the fourteenth day of October, one thousand eight hundred and seventy-nine the Governor directed the Court to proceed to inquire as aforesaid; and the Court, in pursuance thereof, made certain inquiries, and on the twenty-seventh day of March, one thousand eight hundred and eighty, ordered that a memorial of the ownership of the several persons respectively named in the third column of the said Schedule for the several blocks of land named in the first column of the said Schedule should be inscribed in the Court rolls; and memorials of ownership have been inscribed accordingly: And whereas at a sitting of the Court, held at Kaiapoi in the year one thousand eight hundred and eighty-six, subdivisions were made at the request of the Native owners of certain of the said pieces of land: And whereas it was found that a strict compliance with the provisions of the said Act as to the subdivision of the said pieces of land, so that each Kaiapoi Native should hold his share in severalty, would cause inconvenience and loss to the said Natives; and doubts have arisen as to the validity of the proceedings in the Court hereinbefore mentioned, and it is expedient that such doubts should be removed and the said Act amended:

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 Kaiapoi Native Reserves Act 1877 Amendment Act, 1892.”

2 Memorials declared void.

The said memorials of ownership are hereby declared void and of no effect.

3 Persons declared owners.

The several pieces of land and hereditaments named and described in the first column of the Schedule hereto are hereby declared to be, and shall be deemed to have been, vested in the several persons whose names are respectively set forth in the third column of the said Schedule after the name and description of each piece of land, or the successors of such persons if any of them are dead, for an estate of freehold in fee-simple in possession as from the twenty-seventh day of March, one thousand eight hundred and eighty; and, where the names of more than one person are so set forth in respect to any of the said pieces of land, such persons shall be deemed to hold and to have held the same as from the said twenty-seventh day of March, one thousand eight hundred and eighty, as tenants in common.

4 Court to be deemed to have had jurisdiction.

The said Court shall be deemed to have had jurisdiction to subdivide the said several pieces of land in the manner hereinbefore mentioned, and the several orders made upon the said division shall be valid and effectual division orders, anything in the said Act to the contrary notwithstanding.

5 Registration may be effected.

The District Land Registrar of the District of Canterbury shall, as to any piece of land which has been subdivided as aforesaid, upon the production of the order of the Court effecting such subdivision order as aforesaid, issue a certificate of title under “The Land Transfer Act, 1885,” to the persons named in such order in that behalf for the parcel of land comprised in such order; and, as to any piece of land which has not been subdivided as aforesaid, he shall forthwith upon the passing of this Act issue such certificate to the persons in whom such piece of land is vested by virtue of this Act.

6 Trustees.

The several persons who have been respectively nominated by the Court for appointment as trustees of the estate or interest of Kaiapoi Natives who are under disability shall be deemed to be trustees under “The Maori Real Estate Management Act, 1888,” and shall have the powers and be subject to the legal incidents in the said last-mentioned Act in that behalf expressed.

7 Restrictions.

The said pieces of land shall not, nor shall any parcel thereof, be alienated by the Native owners without the consent of a Judge of the Native Land Court, nor in any way whatever except by lease for a period not exceeding twenty-one years: Provided that this section shall not apply to past transactions.

8 Repeal.

The provisions of the said Act, so far as they are repugnant with this Act, are hereby repealed.

Schedule

Block.	Area.			Owners.
The Oxford No. 1 Reserve.	A.	R.	P.
2038 (in red).—Situate in the Oxford District Bounded on the eastward by Sections 24468, 6278, 6038, 4063, and Reserve 360 (in red); on the southward by Sections 6278 and 10507, by Reserve 360 (in red), also by I.P.R.W., on Run 223, Class 2; on the northward by Sections 6278, 10506, and 10507; on the north-eastward by Section 27618; on the north-westward by the latter section, also by the road forming the south-eastern boundary of Section 10676; and on the westward by Sections 10506 and 10507, and also by I.P.R.R. on the above-mentioned run.	314	0	0	Riria Pihawai, Timoti Reone, Wikitoria Mutu, Hoani Tainui, Wakena Kokorau, Mata Mutu, Mikaere to Horo, Tuini Pihawai, Te Hira Mutu, Rahera Mutu, Ruita Toitoi Mutu, Arapata Make, Poihipi Kokorau, Te One Piki, Whakamana Pihawai, Mata Piki, Taupakitutu Pihawai, Kataraina Piki, and Te Ruiha Pihawai.
The Oxford No. 2 Reserve.
2307 (in red).—Situate in the Oxford District. Bounded on the south-eastward by Section 24468; on the north-eastward by the road north-east of that section; and on the south-westward by I.P.R.F. on Run 223, Class 2.	14	3	37	Hikana Piki.
The Oxford No. 3 Reserve.
2036 (in red).—Situate in the Oxford District. Bounded on the north-eastward by the road north-east of Section 24468, also by the road north-east of Section 15463; on the south-east by the latter section and I.P.R.O. on Run 223, Class 2; on the south-west by said I.P.R.O.; on the southward and westward by Section 6278; and on the north-westward by Section 24468: save and except Section 15241, which is included within the above-described boundaries.	108	0	0	Matapere Tainui, Ria Paina Piki, Amiria Tainui, Ruta Tawha, and Rei Murari.
The Oxford No. 4 Reserve.
2035 (in red).—Situate in the Oxford District. Bounded on the south-eastward by Section 13676; on the north-eastward by the road north-east of that section; on the north-westward by Section 15463; and on the south-westward by I.P.R.O. on Run 223, Class 2.	13	2	12	Titore Kereopa Harawira.
The Oxford No. 5 Reserve.
2034 (in red).—Situate in the Oxford District. Bounded on the north-westward by Section 13676; on the north-eastward by the road north-east of that section; and on the southward by I.P.R.M. on Run 223, Class 2.	18	2	18	Ritia Poihipi.
The Oxford No. 6 Reserve.
2061 (in red).—Situate in the Oxford District (Oxford Road District). Bounded on the southward by Sections 15702 and 14902; on the eastward by Section 18776; on the westward by Section 23613, and a line in continuation of its easternmost boundary; and on the northward by a line at right angles to western boundary of Section 18776, so as to include the required quantity.	100	0	2	Aperahama te Aika, Tihema te Aika, Mere Titaua, Ria Hare, Mohi te Aika, Matene Rehu, Mere Piharo, Phil Rhyan, Ruti Paiwhitau, Tare Puruti, Mata Tuini, Te Wera to Aika, Ruti Rhyan, Riki Rhyan, Philip Rhyan, Te Iwihapai te Aika, Ruiha Ruru te Aika, Wikitoria Mutu, Hoani Tainui, Wakena Kokorau, Mata Mutu, Mikaere te Horo, Ritia Poihipi, Te Hira Mutu, Rahera Mutu, Ruita Toitoi Mutu, Arapata Make, Poihipi Kokorau, Arapata Kooti, Hoani Uru, Herewini Whitau, Kata Uru, Ritia Arapata, Warahia te Urekore, Timaima Whitau, Miriama Huriwai, Te Irihapeti Uru, Hopere Uru, Henare Whakatau Uru, Teone Whatitua, Rangitepikitea Whitau, Ruihana Whitau, Kapetara Uru, Poihipi te Hua, Riria te Kewene, Meretini Harawira, Roka Harawira, Pirihira te Ruapohue, Turi Kawa, Titore Kereopa Harawira, Haimona Harawira, Wiremu Naihira, Tare Wi to Ihoka, Teoti Wiremu te Hau, Wirihana Kirikau, Heni Naihira, Raihia Kere, Neta Mahuika, Mata Pohata, Maraea Tioi, Hera Pere, Mere Taituha, Ria Moheka, Waters Korako, Neta Pohatu, Henare Barrett, Mere Three Katene, Mere Anaha, Marakaia Uru, Rautahi te Ihoka, Patehepa Kere, Raita Kere, Tehau Kere, Tutehonuku Kere, Mereana Pohata, Ria Paina Piki, Amiria Tainui, Metapere Tainui, Ruta Tawha, Tuini Pihawai, Riria Pibawai, Rei Murari, Timoti Reone, Teone Piki, Hikana Piki, Whakamana Pihawai, Mata Piki, Taupakitutu Pihawai, Kataraina Piki, Te Ruiha Pihawai, Matiria te Uki, Rawinia Kuri, Te Kiwha te Au, Hoani Hape te Au, Rimene te Au, Mere te Au, Arama Tahuna, Rakera Pukenui, Ruti Haimona, Kamukuka te Uki, Heta Kuri, Hamuera Kuri, Riria Kuri, Manahi Iri, Hopa Paura, Pene Parekuku, Hare Hopa, Mere Hopa, Teone Tane, Ani Manahi, Harata Hopa, Makarini Mokomoko, Ria Makarini, Hapimana te Kane, Ratimira Ngahiwi, Hariata Ngahiwi, Hakopa Hutai, Rairuha Hutai, Ruruhira Hutai, Hakopa te Ataotu, Himiona te Ataotu, Merehana te Ataotu, To Kooro Mautai, Rina te Ataotu, Kuini Wiremu, Ruta te Hori, Raita Wereta, Hera Ropata, Pita te Ataotu, Mana te Ataotu, Kumia Kirini, Kiri te Ataotu, Te Hikutawatawa, Rewi Kirini, Rihia Ene Ropata, Teone Ropata, Kairenuku Ropata, Meretini Ropata, Hone Paratene Tamanuiarangi, Horomona Iwikau, Hohepa Huria, Paora Taki, Ruruhira Piro, Rina te Waipunahau, Peti Pakiaka, Tini Reweti, Hare Rota Pohata, Taituha Hape, Irihapeti te Rato, Tini Taiaroa, Peti Hinewetea, Ihaia Pohata, Hutika Huria, Tini Huria, Puneke Huria, Te Whe Huria, Pirihira Huria, Mere Hene Taituha, Titapu Taituha and Momo Taituha.
The Ashburton Reserve.
2060 (in red).—Situate in the Ashburton District (Upper Ashburton Road District), having frontage to and being bounded on the south-eastward by Reserve 1770 (in red); on the south-westward by Sections 25535, 16126, 25302; on the north-westward by Sections 25302 and 25704; and on the north-eastward by a line at right angles to south-east boundary, so as to include the required quantity.	253	0	0	Arapata Kooti, Hoani Uru, Herewini Whitau, Kata Uru, Ritia Arapata, Warihia te Urekore, Timaima Whitau, Miriama Huriwai, Te Irihapeti Uru, Hopera Uru, Henare Whakatau, Teone Whatitua, Rangite-pikitia Whitau, Ruihana Whitau, and Kapetara Uru.
The Wairewa Reserve.
2059 (in red).—Situate at Little River, B.P. (Little River Road District). Bounded on the eastward by Port Levy Road; on the southward by Sections 25734, 24724, and 23020; on the westward by the road separating Sections 25734 and 24724, by Section 23020, a line at right angles to northern boundary of Section 24724 situate 27 chains east of the north-west corner therefrom, and also by Maori track to Port Levy; and on the northward by Section 23020, and also by a line drawn at right angles to general direction of said Port Levy Road, so as to include the required quantity.	300	0	0	Hone Paratene Tamanuiarangi, Tini Reweti, Paora Taki, Rina to Waipunahau, Ruruhira Piro, Irihapeti te Rato, Peti Pakiaka, Poihipi te Hua, Riria te Kewene, Meretini Harawira, Roka Harawira, Pirihira te Ruapohue, Turi Kawa, and Haimona Harawira.
The Rakaia Reserve.
2058 (in red).—Situate in the Ashburton District (South Rakaia Road District). Bounded on the south-eastward by Moore’s Beach Road and Moore’s Bush Road; on the north-eastward by Sections 18334 and 19278; on the south-westward by the road forming the south-west boundary of Section 25754; and on the north-westward by Sections 19278 and 26510: save and except Section 25754, which is included within the above-described boundaries.	1830	0	0	Wiremu Naihira, Tare Wi te Ihoka, Teoti Wiremu te Hau, Wirihana Kirikau, Heni Naihira, Raihia Kere, Neta Mahuika, Mata Pohata, Maraea Tioi, Hera Pere, Mere Taituha, Ria Moheko Wetere Korako, Neta Pohata, Henare Barrett, Mere Three Katene, Mere Anaha, Marakaia Uru, Rautahi te Ihoka, Patehepa Kere, Raita Kere, Tehau Kere, Tutehonuku Kere, Mereama Pohata, Horomona Iwikau, Hohepa Huria, Hare Rota Pohata, Taituha Hape, Tini Taiaroa, Peti Hinewetea, Ihaia Pohata, Hutiku Huria, Tini Huria, Puneke Huria, Te Whe Huria, Pirihira Huria, Mere Hene Taituha, Titapu Taituha, Momo Taituha, Manahi Iri, Hopa Paora, Pene Parekuku, Hare Hopa, Mere Hopa, Teone Tane, Ani Manahi, Harata Hopa, Hakopa te Ataotu, Himiona te Ataotu, Mereana te Ataotu, To Kooro Mautai, Rina to Ataotu, Kuini Wiremu. Ruta te Hori, Raita Wereta, Hera Ropata, Pita te Ataotu, Mana te Ataotu, Kumea Kirini, Kiri te Ataotu, Te Hikatawatawa, Rewi Kirini, Rihia Ene Ropata, Teone Ropata, Kairenuku Ropata, Meretini Ropata, Matiria te Uki, Rawinia Kuri, Te Kiwha te Au, Hoani Hape te Au, Rimene te Au, Mere te Au, Arama Tahuna, Rakera Pukenui, Ruti Haimona, Kamukuka te Uki, Heta Kuri, Hamuera Kuri, Riria Kuri, Aperahama te Aika, Tihema te Aika, Mere Titaua, Ria Hare, Mohi te Aika, Matene Rehu, Mere Piharo, Phil Rhyan, Ruti Paiwhitau, Tare Purnti, Mata Tuiri, Te Wera te Aika, Ruiha Ruru te Aika. Ruti Rhyan, Riki Rhyan, Philip Rhyan, Te Iwihapai te Aika, Makarini Mokomoko, Ria Makarini, Hapi-mana te Kaue, Ratimira Ngahiwi, Hariata Ngahiwi, Hakopa Hutai, Rairuha Hutai, and Ruruhira Hutai.

Kaiapoi Native Reserves Act 1877 Amendment Act 1892