The Short Title of this Act is “The Taumutu Native Commonage Act, 1905.”

The lands described in the Schedule hereto (hereinafter referred to as “the said lands”) are hereby vested in the Public Trustee as an estate in fee-simple for the use and benefit of such Natives as the Native Land Court, on the application of the Public Trustee or any person claiming to be interested therein, determines.

The Native Land Court, in determining the rights or interests of any such Natives, shall give effect to the original intention for which the said lands were set apart.

The Public Trustee shall set apart suitable portions of the said lands for the use and occupation of the Natives beneficially entitled for grazing or other purposes.

Such Natives shall not have power to make any assignment whatever of their interest in the lands so set apart.

The Public Trustee may from time to time lease any portions of the said lands not needed for the use or occupation of the Natives, for any term not exceeding twenty-one years, in such manner and subject to such conditions as he thinks fit.

The annual rents and proceeds of the lands so leased shall be held by the Public Trustee, to be distributed by him among the Natives beneficially interested in the said lands according to their respective interests:

Provided that in making such distribution the Public Trustee shall take into account the benefit which any Native is deriving from his occupation of any part of the said lands for grazing or other purposes, and shall adjust his share of the rents and proceeds accordingly.

The Native Land Court is hereby empowered to make inquiry concerning any leases or agreements relating to the said lands heretofore granted by the Natives or any of them, and to decide whether any compensation for improvements or otherwise is equitably payable to any lessee, and, if so, to award such sum as compensation as it may deem fit.

Any compensation so awarded shall be payable out of the rents and proceeds of the said lands.

Notwithstanding anything herein, the Governor may resume either absolute or partial possession of any of the said lands that in his opinion are required for any public work; and for the construction of any such work may authorise the entry upon such lands from time to time of any persons lawfully engaged in or about the reclamation or drainage of Lake Ellesmere or any part thereof, or any of the land on the shores thereof.

“The Taumutu Native Commonage Act, 1883,” is hereby repealed.