Ngatitoa Trust Act 1896
Ngatitoa Trust Act 1896
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Ngatitoa Trust Act 1896
Public Act |
1896 No 20 |
|
Date of assent |
30 September 1896 |
|
Contents
An Act to alter the Ngatitoa Trust in such Wise as to carry out the Original Intention thereof.
Preamble.
WHEREAS, pursuant to the Order in Council set forth in the Schedule hereto, the moneys therein mentioned were placed in the Public Trust Office upon the trusts therein declared concerning the same: And whereas the legal operation of the said Order in Council is that the beneficiaries named therein possess merely life interests in their respective shares, although the original intention was that they should be entitled to the corpus thereof: And whereas, on the petition of several of the beneficiaries, the Native Affairs Committee of the House of Representatives, on the fifteenth day of September one thousand eight hundred and ninety-five, recommended that an Order in Council should be issued varying the trusts declared by the former Order in Council, so as to authorise the said beneficiaries or their successors to receive payment of the corpus of their respective shares: And whereas legislation is necessary in order to give effect to the recommendation of the said Committee:
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 Ngatitoa Trust Act, 1896.”
2 Public Trustee to pay corpus of share to owner of life-interest therein.
Notwithstanding anything to the contrary contained in the Order in Council set out in the Schedule hereto, it is hereby declared that, on the application of any beneficiary who by virtue thereof possesses a life-interest in any share of the fund thereby created, the Public Trustee shall pay to such beneficiary the corpus of such share, and the trusts declared by the said Order in Council are hereby modified accordingly:
Provided, however, that the Public Trustee shall not pay the corpus of the share apportioned to the late Riwai te Ahu to any person excepting on an order of the Native Land Court duly issued for the purpose.
Schedule Order in Council, made at the Government House, at Wellington, this Fifteenth Day of April, 1882.
Whereas by the fifteenth section of “The Public Trust Office Act, 1872,”
it is enacted (inter alia) that the Governor may by Order in Council place in the Public Trust Office any property held in trust for the benefit of private persons by the Crown or by the Governor, or by officers or trustees appointed by the Governor in virtue of any Act in that behalf, and from and after the date of any such Order in Council the property to which it relates shall become vested in the Public Trustee, subject to the trusts attaching thereto and to the provisions of the now-reciting Act for the custody, disposal, or management thereof; and every such Order in Council shall define the nature and extent of the powers intended thereby to be vested in the Public Trustee in respect to the property to which such order relates: And whereas, in settlement of the claims of twenty-six chiefs of the Ngatitoa Tribe to two hundred acres each of the lands at Waipounamu ceded to the Crown by two deeds dated the tenth day of August, one thousand eight hundred and fifty-three, and the thirteenth day of December, one thousand eight hundred and fifty-four, a sum of five thousand two hundred pounds was appropriated by the General Assembly for the benefit of the parties entitled thereto: And whereas, in order to ascertain which of the said twenty-six chiefs were then surviving, and who were the representatives then living of each of the chiefs as might have died, and the proportionate share which each of such representatives was entitled to of the portion of the chief deceased from whom be claimed, a Commission was appointed on the twelfth day of October, one thousand eight hundred and eighty: And whereas the Commission thereby appointed did report on the twenty-ninth day of January, one thousand eight hundred and eighty-one, that the persons named in the fifth column of the Schedule at foot hereof, either as original claimants or as the successors to the whole or part of the share of an original claimant, were at that date entitled to the share of principal and accrued interest set opposite their names in the said Schedule: And whereas it is desired to make such an Order in Council as hereinafter appears for the purpose of placing the said moneys in the Public Trust Office, and defining the nature or extent of the powers intended to be thereby vested in the Public Trustee in respect of the same:
Now, therefore, I, Arthur Hamilton Gordon, the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, do hereby place the said sum of five thousand two hundred pounds in the Public Trust Office, to be held by the Public Trustee upon the trusts, and with, under, and subject to the powers and provisions hereinafter set forth, that is to say,—
1.
The said moneys and the investments thereof shall be held upon trust for the persons mentioned in the said fifth column of the Schedule hereto, in such shares as are specified opposite their names in the said Schedule, during their lives, and after the death of any one of the said persons so entitled as above-mentioned the share belonging to him or her shall be held by the Public Trustee upon trust for the person or persons to whom be or she shall bequeath the same by will, in such shares as shall be therein mentioned, and if there be no such bequest then upon trust for the person or persons who would be by law entitled to the personal estate of such deceased person.
2.
The said moneys may from time to time be invested by the Public Trustee with the consent of the Board of the Public Trust Office upon mortgage of freehold land in New Zealand, in one or more sums, and at such rate of interest as may be thought fit.
3.
The interest from time to time received by the Public Trustee from the investment of the said moneys shall be divided amongst the said persons so entitled as aforesaid in the same proportion as they are entitled to the principal as aforesaid.
4.
All moneys and investments payable to or held in trust for females hereunder shall be for their sole and separate use, and independent of marital control or interference.
Schedule of Claimants and their Successors entitled to participate in the Sum of £5,200 voted by Parliament in December, 1879, in lieu of Land promised to the Twenty-six Natives in connection with the Sale of the Wahipounamu Block, in August, 1853.
| No. of Shares. | Names of Claimants in Original List. | Value of each Share. | Amount of Interest accrued on each Share to 31st Dec., 1880. | Names of Surviving Claimants, and of Persons entitled to succeed to Share of those deceased. | Sex. | Amount of Principal awarded. | Amount of Interest awarded. | Residence of Awardees. | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| £ | s. | d. | £ | s. | d. | £ | s. | d. | £ | s. | d. | |||||
| 1 | Te Waha Piro (dead). | 200 | 0 | 0 | 4 | 1 | 3 | Tipene Paramutu | M. | 200 | 0 | 0 | 4 | 1 | 3 | Wakapuaka. |
| 2 | Nopera te Ngiha | 200 | 0 | 0 | 4 | 1 | 3 | Nopera te Ngiha | M. | 200 | 0 | 0 | 4 | 1 | 3 | Porirua. |
| 3 | Ropata Wainui (dead). | 200 | 0 | 0 | 4 | 1 | 3 | Wi Parata. | M. | 100 | 0 | 0 | 2 | 0 | 8 | Waikanae. |
| Hemi Matenga | M. | 100 | 0 | 0 | 2 | 0 | 7 | Wakapuaka. | ||||||||
| 4 | Te Whawharua (dead). | 200 | 0 | 0 | 4 | 1 | 3 | Wirihana te Whawharua | M. | 200 | 0 | 0 | 4 | 1 | 3 | Waikanae. |
| 5 | Hohepa te Maihengia (dead) | 200 | 0 | 0 | 4 | 1 | 3 | Wi te Kanae | M. | 100 | 0 | 0 | 2 | 0 | 8 | Porirua. |
| Raiha Puaha | F. | 100 | 0 | 0 | 2 | 0 | 7 | Otaki. | ||||||||
| 6 | Mokau (Rangibaeata) (dead) | 200 | 0 | 0 | 4 | 1 | 3 | Hene te Rei | F. | 200 | 0 | 0 | 4 | 1 | 3 | ” |
| 7 | Te Hiko (dead) | 200 | 0 | 0 | 4 | 1 | 2 | Hanikama te Hiko. | M. | 100 | 0 | 0 | 2 | 0 | 7 | Porirua. |
| Mere te Hiko | F. | 100 | 0 | 0 | 2 | 0 | 7 | ” | ||||||||
| 8 | Rawiri Puaha (dead). | 200 | 0 | 0 | 4 | 1 | 2 | Raiha Puaha | F. | 200 | 0 | 0 | 4 | 1 | 2 | Otaki. |
| 9 | Wi te Kanae. | 200 | 0 | 0 | 4 | 1 | 2 | Wi te Kanae | M. | 200 | 0 | 0 | 4 | 1 | 2 | Porirua. |
| 10 | Horomona (dead) | 200 | 0 | 0 | 4 | 1 | 2 | Hohepa Horomona. | M. | 66 | 13 | 4 | 1 | 7 | 2 | ” |
| Ruihi Horomona | F. | 66 | 13 | 4 | 1 | 7 | 0 | ” | ||||||||
| Marara | F. | 66 | 13 | 4 | 1 | 7 | 0 | ” | ||||||||
| 11 | Rawiri Hikihiki (dead) | 200 | 0 | 0 | 4 | 1 | 2 | Hira te Aratangata. | M. | 100 | 0 | 0 | 2 | 0 | 7 | ” |
| Katarina te Aratangata | F. | 100 | 0 | 0 | 2 | 0 | 7 | Taranaki. | ||||||||
| 12 | Mohi te Hua (dead). | 200 | 0 | 0 | 4 | 1 | 2 | Matenga te Hiko | M. | 133 | 6 | 8 | 2 | 14 | 0 | Porirua. |
| William Servantes | M. | 66 | 13 | 4 | 1 | 7 | 2 | ” | ||||||||
| 13 | Tungia | 200 | 0 | 0 | 4 | 1 | 2 | Tungia | M. | 200 | 0 | 0 | 4 | 1 | 2 | |
| 14 | Pitiroi Paea (dead) | 200 | 0 | 0 | 4 | 1 | 2 | Ropata Tangahoe | M. | 100 | 0 | 0 | 2 | 0 | 7 | ” |
| Hirini Tangahoe | M. | 100 | 0 | 0 | 2 | 0 | 7 | ” | ||||||||
| 15 | Tamati Hauhau (dead) | 200 | 0 | 0 | 4 | 1 | 2 | Hohaia Pokaitara. | M. | 50 | 0 | 0 | 1 | 0 | 4 | ” |
| Heni Paiaro | F. | 50 | 0 | 0 | 1 | 0 | 4 | ” | ||||||||
| Unaiki Parata | F. | 50 | 0 | 0 | 1 | 0 | 3 | Waikanae. | ||||||||
| Kereihi Tipene | F. | 50 | 0 | 0 | 1 | 0 | 3 | Wakapuaka. | ||||||||
| 16 | Waka te Kotua (dead). | 200 | 0 | 0 | 4 | 1 | 2 | Renata te Kotua | M. | 100 | 0 | 0 | 2 | 0 | 7 | Taranaki. |
| Hupirimi te Kotua. | M. | 100 | 0 | 0 | 2 | 0 | 7 | Porirua. | ||||||||
| 17 | Tamihana te Rauparaha (dead) | 200 | 0 | 0 | 4 | 1 | 2 | The trustees of Tamihana te Rauparaha, as devisees of his residuary real estate (E. Baker and T. C. Williams) | M. | 200 | 0 | 0 | 4 | 1 | 2 | Wellington. |
| 18 | Matene te Whiwhi | 200 | 0 | 0 | 4 | 1 | 2 | Hene te Rei | F. | 200 | 0 | 0 | 4 | 1 | 2 | Otaki. |
| 19 | Hoani te Okoro (dead). | 200 | 0 | 0 | 4 | 1 | 2 | Erenora Tungia | F. | 100 | 0 | 0 | 2 | 0 | 7 | Porirua. |
| Paraniha Paruparu. | F. | 100 | 0 | 0 | 2 | 0 | 7 | ” | ||||||||
| 20 | Horopapera (dead) | 200 | 0 | 0 | 4 | 1 | 2 | Tungia | M. | 200 | 0 | 0 | 4 | 1 | 2 | ” |
| 21 | Riwai te Ahu (dead). | 200 | 0 | 0 | 4 | 1 | 2 | Hira Maiki. | M. | 66 | 13 | 4 | 1 | 7 | 2 | The Hutt. |
| Hematini Enoka | F. | 66 | 13 | 4 | 1 | 7 | 0 | ” | ||||||||
| Pamariki Paaka | M. | 66 | 13 | 4 | 1 | 7 | 0 | Motueka (Nelson). | ||||||||
| 22 | Hohaia (Pokaitara) | 200 | 0 | 0 | 4 | 1 | 2 | Hohaia Pokaitara | M. | 200 | 0 | 0 | 4 | 1 | 2 | Porirua. |
| 23 | Te Karira (dead) | 200 | 0 | 0 | 4 | 1 | 2 | Wi te Kanae | M. | 100 | 0 | 0 | 2 | 0 | 7 | ” |
| Raiha Puaha | F. | 100 | 0 | 0 | 2 | 0 | 7 | Otaki. | ||||||||
| 24 | Rene te Ouenuku | 200 | 0 | 0 | 4 | 1 | 2 | Rene te Ouenuku | M. | 200 | 0 | 0 | 4 | 1 | 2 | D’Urville Island. |
| 25 | Eraia te Hunga (dead) | 200 | 0 | 0 | 4 | 1 | 2 | Heta | M. | 100 | 0 | 0 | 2 | 0 | 7 | Waikato. |
| Rangipane | F. | 100 | 0 | 0 | 2 | 0 | 7 | ” | ||||||||
| 26 | Peti te Rau-o-te-Rangi (dead) | 200 | 0 | 0 | 4 | 1 | 2 | Jane Brown (h. c.) | F. | 100 | 0 | 0 | 2 | 0 | 7 | Taranaki. |
| Mary Naera (h. c.). | F. | 100 | 0 | 0 | 2 | 0 | 7 | Chatham Island. | ||||||||
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Ngatitoa Trust Act 1896
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