This Act may be cited as the Native Land Amendment and Native Land Claims Adjustment Act, 1915.

Subsection eight of section three hundred and fifty-six of the principal Act is hereby repealed, and the following new subsection is hereby enacted in lieu thereof:—

If any person shall knowingly and wilfully mislead the Board, either by declaration or otherwise, as to the beneficial ownership of the interest to be acquired under any such alienation, he shall be guilty of an indictable offence, and shall be liable to the same penalties as are imposed by section two hundred and five of the principal Act for a breach of the provisions of Part XII thereof.

Section one hundred of the Native Land Amendment Act, 1913, is hereby amended by substituting the words “seven days” for the words “three days” or “three clear days” wherever they occur in subsections two, three, and four thereof; and by adding thereto the following subsections:—

On the confirmation of any alienation of Native land the Maori Land Board may, out of any moneys paid to the Board on behalf of the Native owners alienating, retain such sum (if any) as the Native owners alienating shall desire to give for patriotic purposes in connection with the present war.

Such sum shall be paid by the Board to such fund as the Native owners alienating shall nominate and the Native Minister shall approve.

In the case of an alienation by assembled owners the consent of the Natives alienating may be signified by a resolution passed at the meeting of assembled owners or in such other manner as shall satisfy the Board that the owners assent to the payment. In the case of an alienation of an individual share or interest the Board shall obtain the consent in writing of the Native or Natives alienating to any such payment.

Subsection one of section three hundred and forty-six of the principal Act is hereby amended by adding thereto the following paragraph:—

Subsection one of section three hundred and forty-nine of the principal Act is hereby amended by the addition of the following exception:—

Notwithstanding anything contained in the Native Land Act, 1909, the Native Land Court shall have the same jurisdiction to revoke probate of the will of a Native as the Supreme Court of New Zealand has in respect of probate of the will of a European.

Any person aggrieved by any decision of the Native Land Court under the jurisdiction hereby conferred shall have a right of appeal against such decision to the Native Appellate Court.

In any case where prior to the passing of this Act, but subsequent to the thirty-first day of March, nineteen hundred and ten, any will has been discovered which was made subsequent to a will of the same testator of which probate has been granted, the Native Land Court may revoke such probate and grant probate of the subsequent will, notwithstanding that the period of two years from the death of the testator has elapsed, provided that application for revocation of probate is made within six months after the passing of this Act.

Any beneficial owner of any interest in any lands affected by the East Coast Native Trust Lands Act, 1902, or the Mangatu No. 1 Empowering Act, 1893, or section forty-seven of the Maori Land Claims Adjustment and Laws Amendment Act, 1907, may transfer any share or interest held by him in any such lands to any other Native beneficial owner of an interest in the same lands.

Every such transfer, having endorsed thereon the written approval of the Commissioner, shall be effectual to vest in the transferee the beneficial interest of the transferor expressed and intended to be thereby vested, and shall be acted upon accordingly by the Commissioner.

The Commissioner shall not approve of any such transfer until he is satisfied that the price paid thereunder is —

Whereas an order of the Native Land Court, dated the twenty-fifth day of July, eighteen hundred and seventy-six, purported to appoint one Hone Tiwaewae sole successor to the interest of Ani te Whanga, deceased, in the Purahotangihia Block: And whereas the said order is still unsigned: And whereas on the twelfth day of March, eighteen hundred and eighty-four, a fresh order was made by the Native Land Court and signed and sealed by Judge Mair appointing Te Ohue, Mare Takuikui, Mohi Pangopango, and Hine Tuwaiwai successors to the share of Ani te Whanga in the said block: Now, therefore, it is hereby enacted as follows:—

The Chief Judge shall, on such terms as to costs, security for costs, or otherwise as he thinks fit, grant leave to Tamihana Heta and another to appeal to the Native Appellate Court against an order of Judge Edgar, dated the eighteenth day of April, nineteen hundred, affecting the ownership of the Matarakau (or Wharekauri No. 1g) Block in the Chatham Islands.

Such appeal may be made at any time within six months after the passing of this Act.

The Native Land Court is hereby authorized and directed to reopen the question of the ownership of the Puhunga Block, in the Tairawhiti Native Land Court District, in so far as it may be necessary to ascertain what owners were omitted from the title under an order on investigation of title dated the twenty-second day of February, eighteen hundred and eighty-four, and to determine the relative interests.

Any Natives claiming to have been so omitted from the title to the said block must lodge their claims with the Registrar of the Tairawhiti Native Land Court District within six months from the passing of this Act.

Upon the ascertainment of the list of owners omitted, and of their respective shares, the Court shall make any necessary amendments in the orders relating to the said land, or may cancel such orders and issue fresh orders in their stead. The District Land Registrar at Gisborne is hereby directed to make any consequential amendments necessary in the Land Transfer Register.

This section shall not affect any valid alienations heretofore made of the land or of any portion thereof.

Whereas by Proclamation dated the twenty-third day of May, eighteen hundred and eighty-eight, and published in the New Zealand Gazette of the thirty-first day of May, eighteen hundred and eighty-eight, a parcel of land, containing twenty-five acres and twenty-five perches, being portion of Native Reserve, Piaka, situated in Block VIII, Rangitoto Survey District, Provincial District of Wellington (as more particularly delineated in the plan marked P.W.D. 15698, deposited in the office of the Minister of Public Works, at Wellington, and thereon coloured red), was taken for the purposes of the Foxton–New Plymouth Railway: And whereas by an award of the Native Land Court of New Zealand given under the hand of Judge Mair and bearing date the thirty-first day of October, eighteen hundred and ninety-five, the persons entitled to receive compensation on account of the said land and the proportions payable to each were determined: And whereas one of the conditions of settlement with regard to compensation made between the Native Land Purchase Officer and the owners prior to the award of the Native Land Court hereinbefore mentioned was that the said land should be reconveyed to the persons then entitled thereto when the Railway Department had removed all the ballast required by it therefrom: And whereas in fulfilment of the said condition it is now desired to convey the said parcel of land to the persons entitled thereto when the land was acquired by Proclamation as aforesaid, or their successors in title: Be it therefore enacted that the said parcel of land is hereby vested in the said persons entitled thereto when the said land was so acquired, or their successors in title, as Native freehold land, subject to a deed of lease of the said parcel of land bearing date the eighth day of July, nineteen hundred and eleven, from His Majesty the King to one August Kreegher, of Halcombe, farmer, the said lease being for a term of seven years from the first day of April, nineteen hundred and eleven, at an annual rental of fifteen pounds two shillings sterling: And be it further enacted that the annual rental of the said lease shall from the date thereof be paid to the persons herein referred to or their successors in title; and further that the said persons or their successors in title in whom the said parcel of land shall vest and the respective proportions of each, together with the proportions of the annual rental of the said lease to be paid to each, shall be ascertained and declared by the Native Land Court.

Notwithstanding any defects in the title to the Tatua East Block, situated in the East Taupo County, it is hereby declared that the Native Land Court shall be deemed to have had jurisdiction to ascertain the persons beneficially entitled to the said block of land, and to determine their relative shares or interests therein, and to cancel all or any previous orders, whether interlocutory or otherwise, purporting to affect the title to the said land as if an order dated the twenty-eighth day of March, eighteen hundred and seventy-two, purporting to be an order for a certificate of title to the said land were a complete and valid final order; and it is further declared that, subject to any variation that may be made on appeal, the order of the Native Land Court of the thirteenth day of March, nineteen hundred and fifteen, shall be sufficient authority to the District Land Registrar to issue a certificate of title for the said land in favour of the persons named in such order for the shares or interests therein set out.

To give effect to the recommendation of the Chief Judge of the Native Land Court bearing date the fifth day of May, nineteen hundred and fifteen, made in accordance with the provisions of subsection two of section two of the Native Land Claims Adjustment Act, 1913, the Chief Judge is hereby authorized to amend the title to the Mawhera Block, in the Greymouth District, in order to conform with a report of the Native Land Court bearing date the twenty-fourth day of April, nineteen hundred and fifteen, on the merits of Petition No. 248 of nineteen hundred and thirteen.

Any consequential amendments necessary to be made in the Deeds or Land Transfer Register shall be made by the District Land Registrar, but nothing in this section shall affect any alienations heretofore validly made.

No appeal shall lie from any order made by the Chief Judge under the provisions of this section.

The order of the Native Land Court made on the tenth day of August, nineteen hundred and fourteen, ascertaining the Natives who are beneficially entitled to that piece of land situate in the Gisborne District and Mangaoporo Survey District, known as the Tangihanga Block, shall be deemed to be, and to have been as from the above-mentioned date, a freehold order under the Native Land Act, 1909, and shall be capable of registration as such.

The District Land Registrar at Gisborne is hereby directed to issue a Land Transfer certificate of title for the said block in the name of the Tairawhiti District Maori Land Board, in whom the said block was vested for a legal estate in fee-simple, by Order in Council dated the tenth day of December, nineteen hundred and six, such certificate of title to be made subject to the provisions of Part XV of the Native Land Act, 1909.

Notwithstanding anything contained in section nine of the Native Reserves Act Amendment Act, 1895, or section fifteen of the Native Reserves Act Amendment Act, 1896, it shall be lawful, during the continuance of the present war, for any Native over the age of sixteen years who is serving with the New Zealand Expeditionary Force to authorize any other person, whether a Native beneficiary or not, to receive and give discharges for any moneys to which he is entitled under the Native Reserves Act, 1882, or the Westland and Nelson Native Reserves Act, 1887, at the time the authority is given, or to which he may become entitled during his absence from New Zealand as a member of the said Force.

Every such authority shall be in writing under the hand of the Native giving the same, and shall be attested by a Justice of the Peace, solicitor, Postmaster, or licensed Native interpreter:

Provided that the Public Trustee may, in any case where he considers it desirable so to do, act upon any such authority not attested as aforesaid in the same manner in all respects as though it had been so attested.

The Public Trustee shall not be under liability to any person in respect of payments made by him pursuant to any such authority (provided the same has not expressly been revoked) between the date of death of the Native giving the authority and the date when official notification of such Native’s death is brought to the knowledge of the Public Trustee.

The provisions of this section shall apply, mutatis mutandis, to moneys payable to Native owners over sixteen years of age under the provisions of the West Coast Settlement Reserves Act, 1892, notwithstanding anything contained in section twenty-three of that Act.

Whereas by grant from the Crown bearing date the thirty-first day of July, eighteen hundred and seventy-one, registered in the Deeds Register Office, at Napier, as No. 7434, all that parcel of land in the Province of Hawke’s Bay, containing one hundred and eighty-seven acres, more or less, situate at Wairoa, being called or known by the name of “Huramua No. 2,” and numbered 2068, was granted in fee-simple to Te Urihe, Rewai, Keita te Puna, Hipera te Kore, Horiana Kohea, Tiopira Tapahi, Heta Rieka, Tiaki Kainga, Meihana Mahu, and Hekera te Koniti, aboriginal Natives of New Zealand, as from the eighteenth day of November, eighteen hundred and seventy, which date was subsequently amended to the twenty-second day of September, eighteen hundred and sixty-eight: And whereas by grant from the Crown bearing date the thirty-first day of July, eighteen hundred and seventy-one, registered in the Deeds Register Office, at Napier, as No. 7435, all that parcel of land in the Province of Hawke’s Bay, containing seven hundred and sixty-five acres, more or less, situate at Wairoa, being called or known by the name of “Huramua No. 3,” and numbered 2067, was granted in fee-simple to Te Urihe, Te Kore, Tiopira Tapahi, Rihimona Riaka, Hekera te Koniti, Te Pora Paehaumi, Te Onekara, and Tiakitai, aboriginal Natives of New Zealand, as from the eighteenth day of November, eighteen hundred and seventy, which date was subsequently amended to the twenty-second day of September, eighteen hundred and sixty-eight: And whereas in each of the above Crown grants was contained a provision that the land thereby granted should be inalienable by sale, or by lease for a longer period than twenty-one years, or by mortgage, except with the consent of the Governor being previously obtained to every such sale, lease, or mortgage: And whereas by order of the Native Land Court made at Wairoa on the seventeenth day of September, eighteen hundred and sixty-eight, the said Huramua No. 2 Block and the said Huramua No. 3 Block were with other lands ordered to be vested in the several Natives named in the above-recited Crown grants, and it was decided at the same time that in the opinion of the Court it was not desirable to place any restrictions upon alienation: And whereas, notwithstanding such decision as last aforesaid, the Chief Judge of the Native Land Court in the month of March, eighteen hundred and seventy-one, upon the application of certain Native owners, recommended to the Government that restrictions against alienation should be inserted in the Crown grants of the said Huramua No. 2 and Huramua No. 3 Blocks; and, in consequence of such recommendation, restrictions were inserted in such Crown grants as hereinbefore recited: And whereas in the report of the Hawke’s Bay Native Lands Alienation Commission, presented to both Houses of the General Assembly in pursuance of section six of the Hawke’s Bay Native Lands Alienation Commission Act, 1872 [See Appendix to the Journals, House of Representatives, Volume HI (G–J), folios 35–50 and 77, of 1873], there are included the reports of Commissioner C. W. Richmond, Commissioner F. E. Maning, and Commissioners Wiremu Hikairo and Wiremu te Wheoro in the matter of Case No. XXIV in relation to the title of one Joseph Carroll to the said Huramua No. 2 and Huramua No. 3 Blocks, which reports support the title of the said Joseph Carroll, and clearly indicate that such title should not be impeachable by reason of the restrictions on alienation contained in the said Crown grants: And whereas it would appear that the restrictions against the alienation of the said Huramua No. 2 and Huramua No. 3 Blocks respectively were inserted in the said recited Crown grants without sufficient legal authority for the insertion of the same: And whereas certain conveyances of interests in the said Huramua No. 3 Block—to wit, conveyance dated the ninth day of August, eighteen hundred and seventy-one, registered in the Deeds Register Office, at Napier, as No. 24589, made between Te Bora Paehaumi of the one part and Joseph Carroll of the other part, and conveyance dated the ninth day of August, eighteen hundred and seventy-one, registered as aforesaid as No. 24590, made between Te Urihe of the one part and Joseph Carroll of the other part—do not bear the consent of the Trust Commissioner under the Native Lands Frauds Prevention Act, 1870, but were notwithstanding registered in the Deeds Register Office aforesaid under the numbers aforesaid, but possession went to the alienee under such deeds respectively, and has remained without interruption in him and his successors in title ever since the execution of such deeds respectively: And whereas it is expedient that no technical objection should be taken to the title of any persons who have acquired from the Native owners thereof interests in the said Huramua No. 2 and Huramua No. 3 Blocks, or either of such blocks, by reason of the consent of the Governor not having been obtained to the alienations by such Natives, or by reason (so far as the Huramua No. 3 Block is concerned) of the consent of the Trust Commissioner, or any Court or official exercising the same or similar functions, not having been obtained to the before-mentioned conveyance, registered Nos. 24589 and 24590: Be it therefore enacted as follows:—

The before-mentioned Crown grants, and each of them, shall be construed as from the dates to which the same respectively were antevested to have been issued without any restrictions on alienation having been included therein respectively, and any such restrictions appearing therein are hereby repealed as from the dates aforesaid.

No objection shall be taken to the title of any person or persons claiming under the said deeds of conveyance, registered Nos. 24589 and 24590 respectively, in any Court or tribunal, or by any person or persons claiming or acquiring or about to acquire title to the interests affected by such deeds or either of them, or by the District Land Registrar or any other Government officer, or otherwise howsoever, by reason only of such deeds respectively not having been consented to by the Trust Commissioner, or any Court or official exercising the same or similar functions.

Whereas the Tongariro Timber Company (Limited) has under and in pursuance of the provisions of section thirty-seven of the Maori Land Laws Amendment Act, 1908, certain rights under agreements with the Aotea District Maori Land Board (hereinafter called the said Board) with respect to the lands described in such agreements and the timber thereon, and is under obligations to the said Board to construct a railway and otherwise as are expressly set forth in the said agreements: And whereas the said company has paid large sums of money in advance to the Native owners of the said land and to the said Board on account of royalties for timber to be cut on the said land, and has expended large sums of money on the necessary surveys for the construction of a railway through the said lands and incidental thereto: And whereas the said company has entered into a contract with the Egmont Box Company (Limited) for the construction by the last-named company of five miles of such railway, and the same is now in course of construction, and such contract was by section five of the Native Land Claims Adjustment Act, 1914, declared to be valid and binding: And whereas in consequence of the outbreak of war the Tongariro Timber Company (Limited) has been prevented from completing its financial arrangements for the construction of the remainder of the said railway, and it is just and equitable that provision should be made for the protection of the Tongariro Timber Company’s rights, pending the termination of hostilities: Be it therefore enacted as follows:—

Until after the expiration of two years from the date at which the present war shall cease po remedies for default by the Tongariro Timber Company (Limited) under the agreements referred to in section thirty-seven of the Maori Band Laws Amendment Act, 1908, and any agreements modifying the same in accordance with the said section thirty-seven, shall be exercisable by the Aotea District Maori Land Board, nor shall any petition be presented for the compulsory winding-up of the company without the consent in each case of the Governor in Council first had and obtained.

The period within which the Tongariro Timber Company (Limited) is bound by its agreements with the Aotea District Maori Land Board to complete the railway therein agreed to be constructed may be extended from time to time for such period or periods as the Governor may by Order in Council determine.

The Native Minister may refer to the Tokerau District Maori Land Board the claims and allegations made by Ellen H. Thomson in Petition No. 266 of nineteen hundred and fifteen, praying for validation of sale of Waima North A No. 1; and the Board is hereby empowered to ascertain whether the statements contained in the petition above referred to are correct, and whether in equity or good conscience the alienation alleged in the said petition should be validated, and, if so, to confirm or validate the same.

Whereas by deed of lease bearing date the twenty-seventh day of June, eighteen hundred and ninety-three, the Public Trustee did thereby lease to one John Simpson, therein described, all that piece or parcel of land, containing by admeasurement three acres three roods twenty-one perches, be the same a little more or less, being Lot 7 of Section 188, Motueka, to hold the same unto the said John Simpson for a term of twenty-one years from the first day of July, eighteen hundred and ninety-three (renewable as therein provided), at the rent and terms and conditions therein appearing: And whereas the interest of the said John Simpson in the said deed of lease has since become vested in Michael Simpson, of Motueka, in the Provincial District of Nelson, farmer: And whereas the said Michael Simpson is desirous of surrendering the said deed of lease and of obtaining in lieu thereof a lease of that piece or parcel of land, containing by admeasurement four acres one rood thirty-nine perches, be the same a little more or less, being Lot 11 of Section 183, Motueka: And whereas it appears that the said proposed exchange is desirable, and the Native beneficial owners of the said lands are desirous that the proposed arrangement be given effect to: Beit therefore enacted as follows:—

The Public Trustee is hereby authorized and empowered to accept a surrender of the said lease of said Lot 7 of Section 188, Motueka, as from the first day of July, nineteen hundred and fourteen, and to grant to the said Michael Simpson in lieu thereof, as from the first day of July, nineteen hundred and fourteen, a renewed lease of Lot 11 of Section 183, Motueka, for a like term at a rental to be ascertained under section four of the Westland and Nelson Native Reserves Act, 1887, and upon the same conditions and covenants as contained in the present lease of Lot 7 of Section 188, Motueka.

Whereas Lot 7 of Section 188, Motueka, containing three acres three roods twenty-one perches, a little more or less, and Lot 2 of Section 188, Motueka, containing three acres three roods thirty-six perches, a little more or less, are vested in the Public Trustee under and subject to the provisions of the Native Reserves Act, 1882, and the Westland and Nelson Native Reserves Act, 1887, and the amendments thereof: And whereas the beneficial owners of the said Lot 7 are Pamariki Paaka and Mere Paaka, and the beneficial owner of the said Lot 2 is Warena Tiwini: And whereas such beneficial owners are desirous of effecting an exchange of their respective interests in the said lands: And whereas no provision for such exchanges are granted by the aforesaid Acts: Be it therefore enacted as follows:—

The Native Land Court is hereby authorized and empowered to consider the application for exchange, and make such orders as may be necessary to give effect thereto.

The Chief Judge is hereby authorized to refer to the Native Land Court, or to any Judge or Commissioner thereof, for inquiry and report, the claims and allegations made by the petitioners in the petitions mentioned in the Schedule hereto.

The Chief Judge may, upon such inquiry and report, make to the Native Minister such recommendation as appears to accord with the equities of the case.

The report and recommendation under this section shall be laid before Parliament on as early a date as possible, and shall be referred to the Native Affairs Committee of the House of Representatives.