·'-. :...:...'" .125

I have made a thorough check of the files and documentation as listed

in Schedule "A" and have reached the following conclusions :-

That an Order in Council made under Section 51 of "The Native

Land Act 1886" purported to give the Native Land Court·

jurisdiction over and power to determine the ownership of

certain Native Reserves which ·were, in fact, vested in th~

Public Trustee under "The Native Reserves Act 1882" and to

determine the individualisation of the respective titles thereto

and the mode of grantingthe same.

On 10th June 1987 the· Court, acting under the authority of the

Order, Council ordered Certificates of Title to be issued to

certain Maoris. These titles were duly issued by the District

Land Registrar under "The Land Transfer Act 1885" and

subsequently transfers by the Maori owners of the lands in

question to bona fide purchasers for valuable consideration were

registered.

Reference Exhibit (1) Memorandum dated 21. 4 .1947 fran Registrar,

Wanganui to Native Trustee, Wellington.

The lands . concerned would appear to have been Puketotara and

M:>1:uroa,.Blocks • I say this for the following reasons :-

(a) Copy of letter, plus attachments, dated 26 October 1908

fran J .B. Jack, Reserves Agent for the Public Trustee in New

2.

Plymouth giving details of Puketotara ~ati.on.

Reference Exhibits. (2A) (2B) (2C), and

(b) Memorandum dated 7 February 1931 from the Native Trustee

to the Registrar of the Native Land Court in Wanganui referring

to the sale of part of the ~tur:oa Reserve.

Reference Exhibit 4.

In 1899 proceedings were taken by the Public Trustee for the

recovery of damages from the Assurance Fund under the Land

Transfer Act. These proceedings are reported in Volume 17 New

Zealand Law Reports Folios,577 to 596 (1899) and a sum reported

as 7000 pounds (Refer Exhibit (1» was recovered.

The disfOsal of this compensation money is dealt within the

West Coast Settlement Reserves Act 1902 Section 3 and 6.

Reference Exhibit (5) first 3 pages of Amendment Act.

From the files it would appear that there was also compensation

paid in respect of Moturoa land acquired under the Public Works

Act for the Foxton/New Plymouth Railway.

Reference Exhibit 4 - letter dated 7 February 1931 - Native

Trustee, Wellington to Registrar, Wanganui and Exhibit 3 -

Memorandum dated 15 October 1987 - Public Trustee, New Plymouth

to Chief Judge.

)

Compensation payable for land wrongly sold was referred to as

L.A. or Land Assurance, while that acquired for Railway was

referred to as R. & R. or Roads and Railways.

3.

There is abundant evidence that from December 1904 to July 1954 (for

Puketotara Compensation)jto December. 1966 ... (.for.Moturoa Compensation =_ ..... _._ ....

Roads and Railways), and November 1958 for Moturoa Compensation Land

Assurance), the Maori Land Court made Succession Orders in respect of

Compensation monies. In the case of Moturoa Compensation, there are

lists of owners at the beginning of the file and Succession Orders

have been scheduled in the same manner as ordinary Maori Land Court

ownership lis·ts.

Puketotara Canpensation Orders have also been scheduled using J .B.

Jack I s list as a starting point, but I cannot locate any updated

lists.

The main question unanswered is the reason why successions ceased and

I have been unable to find any reason from Court files. Enquiries at

the Maori Trust Office also proved fruitless. I have also telephoned

all retired Accounts Officers known to me, who may have dealt with

these compensation monies in their duties with Maori Trust, and

although they were aware of the existence of these monies, they could

not provide any info:rmation which was additional to that which had

come to light in my research.

However, the Court Correspondence file 27/7 folios 1, 2 and 3 contain

a query in respect of Pukenui Canpensation Account. Mr. A. Harkess,

a senior accounts clerk, info:rmed the Deputy Registrar in a.

handwritten note ••••• "The capital money 1567 pounds 16 shillings and

eight pence was held for a nUmber of years, interest on this money was

paid out annually- and Capital mon~y was paid out (that is distributed I I

to owners beneficiary cards) in Ma:i:-ch 1954. The only reference on our

ledger is 8/238 but c.annot be locat'ed •.•••• "

4.

A logical explanation is that with the eifluxion of time the persons

beneficially entitled. to, interest fran the compensation money had

increased to the extent'· that individual entitlements were so s~ as'·

not to warrant a distribution and a decision was made to distribute··

the capital.

Finally, the papers and files researched. by me did not, in my view,'·

show any sign of irregularities. It would be necessary to make a '. ..

thorough check of the Maori Trustee's accounting records ·w I··· doubt\:-.·;.·· .

that many of these still exist. Again in my view, such a check woul('i;<·

not be· warranted. as it would appear Compensation money was awarded,'

interest was paid out to the grantees and their successors and in the ..

1950's or early 1960's the capitBl money was distributed.

SClIEDULE A : SOUR.CES OF INFORMATIOO

Maori Land OJurt Block Order File :

Maori ·Land OJurt Block Order File :

TAR 3A

PUKETOTARA

ACCOUNT.

TAR 1 Volume 3

CCMPENSATION

MOI'UROA CCMPENSATION (ROAD &

RAILWAYS)

MOl'UROA CCMPENSATION ( LAND

ASSURANCE) •

OJurt Application Files Recovered on Loan :fJ:xm National Arcbi ves :

. Maori Land OJurt OJr.r:espondenCe Files :

TAR 3 Volume 1

PUKETOTARA BLOCK

TAR 3 Volume 2

PUKETOTARA BLOCK

TAR 3A

CCMPENSATION

TAR 1 Volume 1

RESERVE

TAR 1

RESERVE

Volume 2

27/1 MOI'UROA

27/3 PUKETOTARA

PUKETOTARA

MOI'UROA

MOI'UROA

27/7 PUKENUI NO. 14

New Plyrrouth Validation COurt : 3 April 1902 to 15 April 1902

Record Book held in Maori Land Court, Wanganui.

New Zealand Law Reports 1899 Vo1ure 17 pages 577 to 596

Public Trustee and Registrar General of Land.

~ -~ .. _ . . - -~---

EXHIBIT 1:

EXHIBIT 2(a):

EXHIBIT 2(b):

EXHIBIT 2 ( c) :

EXHIBIT 3:

EXHIBIT 4:

. - - ..... --

SO:IEDULE B : EXHIBITS

Memorandum dated 21 April 1947 : Registrar,

Wanganui to Native Trustee, Wellington.

Source: Maori Land Court Correspondence File

27/3.

Letter dated 26 October 1908 J .B. Jack,

Reserves Agent, Public Trust Office, New

Plymouth to Registrar, Wanganui.

List of beneficiaries in Puke to tara

CorrmpensatiGn forwarded with 2( a).

List of Sections sold from which interests in

Compensation was derived, forwarded with 2 ( a)

and 2(b).

Source: Block Order File TAR 3A (Note:

Originals later located in Correspondence File

27 /3A).

Memorandum dated 15.10.1897 : Public Trustee,

New Plymouth to Chief Judge, Native Land Court.

Source:

Letter dated 7 Februar:y 1931 : Native Trustee,

Wellington to Registrar, Native Land Court,

Wanganui.

.\ Source: Maor). Land Court Correspondence File

27/3

EXHIBIT 5:------ . . ... Photocopy ·of· first three pages of West Coast

Settlement Reserves Amendment Act 1902.

Sour:ce: New Zealand Statutes.

EXHIBIT 6: File note on Puketotara Compensation Account -

largely repeats information in Exhibit 1.

Sour:ce: Block Order File TAR 3A.

EXHIBIT 7(a) & (b): Minute and Order dated 9/10 JUne 1887 made under

EXHIBIT 8:

EXHIBIT 9:

jursidiction of Section 51 of "Native Land Court

Act 1886" and Order made thereunder by the

Governor in ~ouncil on 4 March 1887 in respect

of the interest of MEl RUA KERE in Puketotara

No. 3 Sub. 7 (Note: Sub 7 listed at top of

Exhibit 2{ c).

Sour:ce: Block Order File TAR 3 and 3 Taranaki

MB 311.

Succession Order dated 26 November 1904 in

respect of Puketotara Compensation.

Sour:ce: Block Order File TAR 3A.

Beneficiaries in Puketotara Compensation

Account. This would appear to predate Exhibit

2{b). For example, No. 15, NGATOKA HAERA, is

replaced by No. 15 TE RINA· HOHUA in list

supplied by JtB. Jack.

\

Sour:ce: Block Order File TAR 3A.

~. ~ :

;'

;.' : .

r

I

\.. J ,

I ;

,.

;.: .•.. : ·,f

27/3

SUB. 2 SEC. ~9 PUKETOTA

21/4/47 . _ ..... OS/18

According to my records the position with regard to this Block is as follows:

/,1.

4.

On 10/6/1887 the Court acting under thf? authority of' an Order in Council made pursuant to Section 51 of' the Native Land Court ~ct, 1886 ordered that a c~rtif'icaE of Title issue in respect of' PukekohBtu No.3 Section 29 to Ramari Paraone as to one half' part,·to. Heta te Kfluri as to Olle fourth part, and to Hara te Kauri as to the balance.

On 25tL June, 1894 the Court part! tioned Section 29 . into two portions of 6 acres 1 rood 24 perches eac~ .. _-· sub-division No. 1 was aVlar.ded to one ;'Villiam Humphreys and Sub tro. 2 to Ramari Para one.

By Succession Orders dated 19/3/96 aIm 4/3/1902 the silare 01' Ramari became vested in Te.Kauri Ramari and Kararaiila Ramsri in equi'l shares.

It wol,lld appear that some!i~e prior to 1899 certain of' the sub-divisions of' Puke~l;ter1f.tt lTo .. 3 vlere sold by the Natives, Section 29 being one of' them.

III 1899 proceedings were taken by the Public Trastee for the recovery of damages from the Assurance Fund under the' Lund Transer· Act and a· sum of £7000 was recovered~ The . disposal Cif. this cO'mpensation money is dealt with iii) "The

Wiist Coast··Settlements Reserves Act .Amendment Act, 1902 . Sections 3 and 6".'

6. ,On 26/10/1908 this ct'f'ice received from J.B. Jack the t~ri~';':::;';;:"":" Reserves Agent for the Public Trustee, firstly a list of' . the beneficiaries in the Puke.totara Compensation Award together with their respective interests and' secondly a list of the Sections sold f'rom which the interests in the . Compensation was derived. Section 29 appears in the luter list. .. ~ .

7. In list of beneficiaries sppear the names, Heta teO Kauri . and Here te Kauri the la tter name being a posf:ible mutilation_ ot the name Hara te Kauri.

I

). .. ;../From the above it would appear that the whole of Section 29 has. now passed out Qf the ownersidp of the Natives. The amount recovered as compensation is now held in an account known as the Puketotara .. """ Compensa tion Account, and the interest thereon is distributed annually:·

.j . J

'J :0

. , I

. 1 ···.1

I 'I

I

\ aqlonst the beneficiaries.

Jo........o ~. tJ11 :6 .. ~:v~

-,-- ., /\ A/X..:{

: .... . . ;--.' ¥""- .

"

If'Beseryes ~~Agent; '.' New ..... l?lymouth II. .

-~. I T i .'

......

PUBLIC TRUST OFFICE~

West Coast Settlement Reserves Agency,

New Plymouth, N.Z.

26th October, 1908 •

. ,

The Registrar, Native Land Court, -

Wanga..l1ui.

Dear Sir,

Puketotara Compensation

I-f'orwara. Y01.f'c;l1e-reWYth-Irstof' ... benef'iciaries in the Puketotara Compensation awa~l together with their respective interests, and the numbers of' the sections sold f'rom which the interests in. the Compensation was derived"

Yours f'aithf'ully,

(Sgd) J.B. Jack ..... ==

Reserves Agent • . -'----.

..• -_ .. -

... 1 ...

./ . \ 'hh~""\' I • '\.

\ t.!

"', No. Name of beneficiary

1 A....,.. Mere Ngamai ~ Te Amo Taniora

: Tana Harrison 1/6j' 1/& 1/6

2

3

4

5

5b

6

7

8

9

1Q

11

12

13

14

15

16

17

cLob Harris: l t.191'9 llfiU't: l il

""'-., Elizabeth Lind

Hilei tia Taukoi-' 'j'-' T~ Ahue.- Taulcoi Ie lUt1'dtl :!a:eJ:t!'l

Rina t e Ahititi

Ariha te\ Huahua

Marino Rahuruhe

Here te Kauru

Tamati Paora

Heta te Kauri

1/6

Reuue!~ \~im.n,,ff i:(~o' :

Ra.w-iri Tokoiwa

Arapeta Rihi

Kau Erllini

Miri Ta taX!a .: 1 1' •. ~.: •

Takarangi -,

Te Rina Hohua .5;1:/16-1'11

Te Pohe Pakitaura

Ngongo ?aldtaura

1 8 • Karena te Ha

19

20

21

22

23

24

25 26 27 28 29 30 31

Te Pohe Molware

Kar1ra Heta

Te Allurei Paki

Mohi te Paki

Peka Rarmri

Ngahiralca

Haeretu Te Welcipera K1pa Rona Wa1ukawa d~cd. Manihira ----.. -. ... ,· .. v

Ngahapara (Toheroa) • Karana te Kih1 t-

Hilci tia Rawhi (Same Ils2/1)-

..•..

Share

£31- 5-0

£11-17-6

3-15-0

40- 0-0

4- 7-6

4- 7-6

4- 7-6

148-15 ... 0

43-15-0

99- 7-6

26- 5-0

5- 0-0

5- 0-0

29- 4-2

29- 4-2

29- 4-2

29- 4-2

29- 4-2

29- 4-2

7500 as successors to M~re Rukel'e

2850

900

as successors to Manutaipua Haereterangi

9600 as successor to Renata Waati

1050

1050 I.-

1050 "..,... •

35700

1 0500 .1/

23850 v-

6300

1200

1200

7010 v

7010 as successor to Metiria .: Eruini

7010

7010 as successor to Ngatoka Haera

7010 V"

7010 v

174- 5-0 41820 v

75- 0-0

46-18-4

18-15-10

18-15-...;10

18-15-10

18-15-10

18-15-10 18-15-10 18-15-10 18-15-10 18-15-10 -(8-15-10 18-15-10

18000:~v

11260

4510 v

4510 •

4510

4510

4510 4510 4510 4510 4510 4510 4510

.~

...

-,

. BA ~ 315 1

E,.::htoc:t- (1.C) Numbers of sections so1d from which the interests in the

compensation was derived.

Section 7

Section 8· ----.- -

Section 11

Section 1·2

Section 13

3/10 so1d.

Section 19 Raupene Wikipira so1d his interest •

6/10 so1d. tr.~ f' .•.. .:"~ J;31i :''!.!l ::. d;

Section 23

Section 24

Section 27

Section 28

Section 29 ~ ~ ~~I; .~. ~/~:27/!J,""Ak~~ '1·;;'f/s1~7. ,-.. ,

Section 30 Ha1f iJlterest so1d

..... Section 33

Section 34

Section 35 Karena te Ha sold his interest

Section 37 ,y,';'

Section 39

Section 44 R· o· Ob1f;.. /;hC~"" .4--...1.46 '. Sect~on

:171'0·1 h. GOP' :,':,",~ . Section 47

..

..

. . . ..

'.'"

t.!

....

. '. .

. ~.

~~~====================~ ... ~.--~ ..... ~ ... =.--=.=======

' .. .

. ,.,' . ' ... ', '.';' ;f

"-"':--' '

-,

., '",;

, ;-

N'~~ Truet;. , ,t ~, '

"-f. ~ \.. oIriIIMUMIOATIOHa TO ••

"T~"~l":;;;D ;RUSTEE.'··-·-"

WELLINGTON. N.Z." !

ftLriall:'aMIO ADD" .....

• PAPATU, WELLINGTON."

, , NATIVE TRUST OFFICE,

WELLINGTON. N.Z.. 7th February, 1931.

MEMORANDUM for:-'.

--.....

.11

__ '

The , Registrar, Aotea Distrjct Native'Land Court, WANGANUI.

'f,!

Moturoa Comp§nsation ACCount.

With reference to your memorandum. of the 3rd ' fi instant I have· -to advise" that the let.ters.'. L. A" and R & R' ',: f.~ mentioned in the Parlimentary Papers quoted by you refer":j~!%i~~ to Land Assurance and Roads and Rai,lways. ' ,:"'~!;r',r?l

" . , ":"'~<::':~ The Compensation called L.A. (Land Assurance), -:,,~»~

was received ,in connection with an old sale of part Moturo'~!~ Reserve by the Native o"wners after vesting in the Public ,: 'f,:,"};; Trustee. It is one of th~ sales conem-ned in the action )8?·~ :;~;l Public Trustee v. The Registrar-General' of Land (17 L.R.577)Ji

' ,," ,t~

, The letters R and R r~fer to part of the .land " ')~i taken un~er'the Public Works Ac~ for the Foxton-New Plymou~~~ Rai,l way ~n 1886. ':;"iif

Inte;est is credited to the Native BeneficlarI'{tH proportion to the shares! held by them in the 'land out of w~i:~ the compensation ero se~, ':i;fr~~-~

II ••

,I,i-:":'

~,;,<,};~,~t~ ",,' ':\'1-'

~~~ .~7' . " ·· .. \d·~rttt~~~( .. d

.i '-I

", ,.t,' 'il

~ ':".' "'''~~;~1W.t.1 ", Native,:Tr.us;

:n~i 'ti;~r -, ,,"'::" )!({:j'

" ·i·· .. ~~;OO:"""'·

,;'~j~J 0" '.1' :.,'}

,.TO- ..... _ ••• _...J

"

'l'itle.

Pren.mble.

Short Title.

Interpretn.tion.

L!!.ndn in Sohedule vested in Publio Trustr.e.

..

1902, No. 36.] West Ooast Settlement Rese1'ves Act Amendment.

l2 EDW. VII.

--"--- .. _--

New' ZealaJul.

ANALYSIS. Title. ' Preo.mble.

1. Short TiMe. 2. Interpretation. 3. Lq.nds in Sohedule vested in Publio Trustee. 4. Publio Trustee ma.y grant new lease of certain

Janda now Jeased. . 5. Provisions to a.pply to every'suoh new Jease. 6. Public Trustee may purchase land for Natives .

7. Nn.tlve Land Court may pnrtition landa. S. Native interests in lands may be exohanged. 9. Definition of '0 reserves" a.mended.

10. District Land'-Registrar to enter memorial of Publio Trustee's title.

11. Len.ses va1ioated. 12. Publio Trustee may grant Jeo.ees for dairy.

factories sites and eohools, &c. Sohedule.

1902, No. 36. AN AC'f to amend " ':rhe West Coast Settlement Reserv.es Act, ,

1892." " [2ncl Odobe''', ~902. WHEB.EAS certain lands described in the Schedule hereto were, -illter alia, set apart as ~ative reserves. and became subject to cc'rhe Native Reserves Aot, 1856," and its amel)dments, and are now vested in the Pnblio Trustee nnder « 'fhe'Native Reserves Aot, 1882": And whereas it is expedient, for the better administration of the s~Lid lands, to bring them under the operation of " '.rhe West Coast Settlement Heserves Act, 1892," thus makil1g the allministra­tiOll of all Nati'-e reserves and West Coast Settlement Reserves within the' oonfisoated territory uniform : And whereas it is

,expedient to more speoifioally enaot what lands were by" The "West Coa,st Settlement Reserves Aot, 1892," vested in the Publio Trustee in fee-simple:

BE 1'1' '1'HEREFOHE ImAOTED by the General Assembly of :New .:6eala.nd in Parliament assembled, and by the authority of the same, as follows:- '

1. The Short 'ritle of this .-\ ot is "TheW est Coast Settlement Heserves Act Amendlllent Act, 1902."

2. In this Act, "the principal Act" means (("The West Coast t>ottlelllent Heserves Aot, 189~," and inoludes any amendments to

,that Aot. S. All the lands desoribed in the Sohedule hereto shall, on the

passing of this Aot, cease to he subjeot to the provisions of "'fhe Native Heserves Act, 1882," and become veste<l in the Public rrrnstee in fee-simple: subjeot to all valid leases and oontracts affeoting the same, ill trust for the Natives who were determined. by the Native Land Court, aoting under the ~tssllllled authority of an Order in

2 EDW. VII . .! If/est Ooa~t Settlement Re8erve~ Ad Ame·Jl.(bnent.

-------_. ----- '-' .~-, ------

f1902, No. 30.

Council dated the fOllrth day of Ma.rch, one thousand eight hundred and eighty-seven, to' be the owners of sitch land, but to he mana,ge(l, dealt with, and disposed of under and subject to the provisions of the principal Act and not otherwise: Provided that no NILtive who has disposed of the .land or the intel'est therein to which he was so determined to be entitled as aforesiLid, and which llmd formed pal't of the land vested in the Pnblic 'l'l'llstee by this section, shaH be considered as ha.ving any benefieial interest in the land vested by this section; but such Native sha.!l be deemed to be beneficially interested in any money received by the Public Trustee as compen­sation for land of which he was deprived by the title thereto having heen acquired by some other person under" The Land Tmnsf'el' Act, 1885," but such Native's interest shall be no greater in snch mOiley than it was in respect of the land fi'o~n which the money arose.

165

4. Where any of such lands are su~iect to a lease gt'anted by Publio Trustee ma.y the Public Trnstee, or are subjeet to a lease made by the N ati ve. gra.n~ new lease 01

, h '. lIb . h' . oerta.lO lands now owners of t e land, but only If suc 1 ease y t e NatIve owners IS lea'ied.

registel'ec1 under" rfhe Land Transfer Act, 1885" (hereinafter called "the original lease "), the Public Trustee, at his discretion HInd subject to snch conditions as he thinks fit, mlLy grant a new lease of snch land or any part thereof to the lessee, his executors, adminis-tmtors, 01' assigns. '

5. With respect to any such new lease the foHowing provisions Provisions to apply shaH apply:-. . ' to every ouch new

p lease • . (1.) The new lease shaH conunence from the fii-st day of January

or July following the date of its execution by, the Public Trustee.

(2.) The lessee (which term includes his executors, adminis­tl'atpl's, or assigns) shall not be entitled to such new lease unless,-

(a..) In the case of an original lease granted by the Public rfrnstee, the lessee makes and delivers to the Public 1\'ustee an application foi' a new lease not less than six months before the originaJ lease expires, and surrenders the original lease:

(b.) In the case of tLn original le~tse gmntec1 by the N ati \' e owners of the la.nd, the lessee makes Itn(l delivel s t(l the Public Trustee 11n tLpplication fOl' a Ilew lease within OIle year from the d~1te of the passing of this Act aild surrenders the Origill!tl lense: . (c.) The lessee duly pays to the Public Trustee I:t11 rent nnder his original lease ~Lnd otp,erwise fulfils all the covenants and provisions thereof up ~o the date of the 'comme1;lcement of the new le!Lse: Provided tlULt fmy rent already paid to the N !1ti ve owners as lessor shall not again he pftyttble to the Public rrmstee; lLnd the .Puhlic Trustee may, in his discretion, waive the fulfilment of lLny of sucll co\'enants ILnd provisions, or a.ccept It com­position in lien thereof, npon such terms and oon(litions

. !LS he thinks fit : (d.) Before Mly lease shall be gmnteil nnder til is sec-'

~ion the lessee spall pay to the PniJlio !f'l'qstee the V()"lle

.. , 166 1902, No. 36.]. West Ooa,st Settlmnent Reserves Act A'11zendl1tel/t .

[2 EDw .. VII.

of all improvements on the land. . Stich vahl.ati<)ll of im­provements shall be made in such manner as the Public rl'rl1stee thinks fit, and, howsoever arrived at, shall he conclusive. . If the lessee is unable to pay in cash for the improvements, then the Pt~blic, r.rrustee may take a mortgage by way of security over the new lease, with or without any other property, for the whole or any part of their value, with interest thereon at not "less than five pounds per centum per annum, on such terms and con­ditions as the Public Trustee thinks fit. \.

(3.) The rent under the new lease shall be five per centum per . annum on th~ value of the land, without the improve­. ments thereon; such value to be ascertained by the

Public Trustee in such manner as h,e thinks fit, and his valuation, however arrived at, shall b-e final and conclusive.

(4.) (( Improvements," for the purposes of this section, shan have the same meaning as is given to that word in the prinQipal Act.

(5.) The costs of and incidental to the issue of the new lease shall be borne by the lessee.

(6.) Thenew lease shall be for twenty-one years, and shall con­tain snch covenants and provisions as the Public Trustee thinks fit, a.nd shall be subject to all the provisions of­the prjncipal Act which apply to leases granted under section eight of "The West Coast Settlement Reserves

. Act, 1892." Public Trustee ma.y 6. The Public Trustee may, ouL of any compensation or capital purchase In.nd for moneys now or hereafter in his hands, purchase any land that he Ne.Mve~. may think beneficial to the Natives interested in such moneys, and

such land shall be held on the same trusts as such moneys were held, but subject to the provisions of the principal Act and this Act.

Native Ln.nd Court ·7. When the Public Trustee is entitled to an undivided interest may partition lands •. in any land, he, or any of the persons entitled to an undivided interest

in such land, may apply to the Native Land Court for a partition of . such land, and the Court shall have like jurisdiction to make such

partition as is given by (( r.rhe Native Land Court Act., 1894," in

Native interests in lands may be exol.n.nged.

cases ofland held by Natives. . . 8. If a Native beneficially interested in. any land vested in the

Pnblic rrrustee by the principal Act or this Act desires to exchange his interest in such land for the interest of another Native in another piece of land so vested as aforesaid, and such last-mentioned Native is willing to make su..ch exchange, then, if the Pu~)lic Trustee thinks such exeha,nge advisable t he may apply to the Native Land Court or a J ndge thereof for an order to give effect to such exchange, and the Court or Judge shall make an order declaring that such exchange has been made; and the effect of such order shall be to vest in the respective Natives the exchanged interests to all intents and pur­poses as if they had been originally entitled thereto. In cases of infants, lunatics, or idiots, an order making such exchange may be .made upon the application of the Public Trustee, and a certificate in writing hy him th{tt he consid.ers that such exchange would be

. -' beneficial to the infant, lunatic, or idiot shall be accepted by the

""':"'~""~I t, I

t·", I' j\

)

PlJKli;TOTARA COMPENSATION ACCOUNT.

An Order-in-Council made under Section 51 of' "The Native Land Court Act 1886" purported to give the Nativ~ Land Court jurisdiction to L~vestigate and determLTle the ovmership of certain Native Reserves 'ivhich were in fact vested in the Public 'frustee 1l.Tlder liThe Native Reserves Act 1882" and to deter­mine the L~dividualization of the respective titles there~o and the mode of granting the same.

The Native Lund Court acting under the authority of' the above Order-in-Council ordered Certificates of' Title to be issued to certain natives. These were duly issued by the District Land Registrar under "The Land TraTlsfer Act 1,885" and subsequently transf'ers by the natives' of the lands in question to bona fide purchasers for valuable consideration were registered.

In 1899 proceedings 'were. taken by the Public Trustee for the recovery of drunages from the . Assurance Fund und~r the LaTld Transf'er Act (Public Trustee v Registrar General of' LaTld 17. N.Z.L.R.577) and a sum of £7000 was recovered. The disposal. of this compensation money is dealt with in liThe West Coast Settlement Reserves Act Amendment Act 1902" (Sections 3 and 6).

In 1915 the Public Trustee suggested inserting into' "The V7ei3t' Coast Settlement Reserves Act Amendment Act 1915" authority to distribute the above compensation but owing to the late stage of the session the suggestion vias not adopted.

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;';':~If.?! :);.~~~llN THE NATIVE LAND COURT OP' NEW ZEALAND,

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SITTING AT NEW PLYMOUTH •

. , In the matter of the fifty-first seotion of "The N ativo Land

Court Act, 1886," and of an Ordet made thereunder by the . Governor in Council on the fomth day of March, ono .. .

thousand eight hundred and eighty-seven; and in the matter

of a certain Native reserve mentioned in the Schedule to

the said Order as No.3 Puketotara, and as' containing we

hundred and six.ty ~ores.

AT a sitting held at New Plymouth, thi~ .tenth day of June, one thousand

e~ght hundred ~d eighty-seven, before John Edwin Macdonald, Esquire,

Chief Judge, ,and Hamt~Ma.hupuk:u, Assessor, it is, in ~x.ercise of the

jurisdiction confe~ed .by the said Order, and of ~ve:ryother power and

B:uthority in tha~ ~ehalf,. adjudged, ordered,; ·and <}.etermj.n,ed-'

1. That a parcel of laud,. being part of the sahl 'Native reserve, and

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containing iLcres roods

alldl\.;tt"f~ ,(/f-tf, . perches, and hereby named Puketotara No. Z

(u.s tho same is moto particularly set out in thl'! plan hereon imlorscd), is

now owned. in. fee-simple by _ ~%(.M~.e;uJ en FM'I'Ii~s

., an aboriginal native of New Zealand. r/ .

2. T1&t a grant be. mane by the Crpwn for an estuto in fee-simple of

tho hand John Edwin Macdonald, l!JS(lttire,.

J udgo, and the seal of the Court, this tenth day

one thomiaild eight hundred and eighty-seven.

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