Native Trustee Amendment Act 1929
Native Trustee Amendment Act 1929
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Native Trustee Amendment Act 1929
Native Trustee Amendment Act 1929
Public Act |
1929 No 20 |
|
Date of assent |
7 November 1929 |
|
Contents
An Act to amend the Native Trustee Act, 1920.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
This Act may be cited as the Native Trustee Amendment Act, 1929, and shall be read together with and deemed part of the Native Trustee Act, 1920 (hereinafter referred to as the principal Act).
2 Prescribing additional classes of security for investment of moneys in the Native Trustee’s Account.
In addition to the classes of security authorized by section twenty-one of the principal Act, any moneys in the Native Trustee’s Account may be invested—
(a)
In advances secured by the mortgage of any freehold or leasehold interest in any Native land vested in or administered by the Native Trustee:
(b)
In advances secured by way of floating charge or otherwise in respect of the undertaking of any co-operative dairy company or other company of which a majority of the shareholders are Natives, or the assets of any other incorporated association of which a majority of the members are Natives, but no advances shall be made under the authority of this paragraph except to a company or incorporated association approved for the purpose by the Native Minister.
3 Alienations of property to be held in trust by Native Trustee not to require confirmation under Native Land Act.
Section twenty-four of the principal Act is hereby amended by adding the following as subsection two thereof:—
“(2)
No alienation of property to the Native Trustee made in pursuance of this section shall require confirmation under the Native Land Act, 1909, but confirmation of the same may be applied for and granted, and if granted shall have the same effect as in the case of alienations requiring confirmation. Where any such alienation has not been confirmed as aforesaid, the Native Land Court shall have power to determine or vary the trust if in its opinion it is at any time necessary or expedient so to do.”
4 Amending provisions as to application of profits of Native Trust Office.
Section eleven of the Native Trustee Amendment Act, 1921–22, is hereby amended as follows:—
(a)
By omitting from subsection two the word “ten”
before the word “years,”
and substituting the word “fifteen”
:
(b)
By repealing paragraph (b) of the proviso to subsection two and substituting the following paragraph:—
“(b)
With the approval of the Native Minister, made on the recommendation of the Native Trust Office Board, the Native Trustee may from time to time, out of those profits, expend money in the acquisition for purposes of administration of land or premises, or in the furnishing of premises, or in the inspection of securities, or in the purchase of equipment or otherwise in connection with the working of properties vested in or administered by the Native Trustee.”
5 Extension of provisions as to advances from Native Trustee’s Account in respect of administration of estates or reserves.
Section twelve of the Native Trustee Amendment Act, 1921–22, is hereby amended by omitting from subsection one the words “for payment of expenses necessarily or properly incurred,”
and substituting the words “in respect of payments necessarily or properly to be made.”
6 Authorizing Native Trustee to lease Native reserves for periods not exceeding twenty-one years.
Notwithstanding anything to the contrary in the Native Reserves Act, 1882, or the Westland and Nelson Native Reserves Act, 1887, or any amendments thereof, and in addition to the powers of leasing conferred by those Acts, the Native Trustee may lease any Native reserve or part thereof vested in or administered by him for any period or periods not exceeding twenty-one years, with or without compensation for improvements, and subject to such terms and conditions as he may in his discretion deem reasonable. Where any such lease is to a beneficial owner of the lands comprised therein it may be disposed of by private contract, but in every other case it shall be disposed of either by public auction or public tender.
7 Powers of leasing Poukawa Native Reserve.
(1)
The Native Trustee may, with the approval of the Native Minister, lease any portion of the Poukawa Native Reserve that is not required for occupation by the Native owners thereof for any term not exceeding, with any right of renewal, a period of forty-two years in all, with or without compensation for improvements, and subject to such terms and conditions as he may in his discretion deem reasonable.
Repeal.
(2)
This section is in substitution for section nineteen of the Poukawa Native Reserves Amendment Act, 1910, and that section is hereby accordingly repealed.
(3)
This section shall be deemed to have been in force as from the first day of November, nineteen hundred and twenty-six.
8 Authorizing Native Trustee to grant to any local authority easements in respect of drainage or sewerage operations.
The Native Trustee is hereby empowered, in respect of any Native reserve vested in or administered by him, to grant to any local authority, with or without payment and on such terms and conditions as he thinks proper, any easement or other right in, upon, through, over, or under any land comprised in such reserve, for the purpose of enabling such local authority to undertake any public drainage, sewerage, or public services.
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Versions
Native Trustee Amendment Act 1929
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