Object #1001979 from MS-Papers-0032-0039

2 pages

From: Native Minister - Native Land Court, Reference Number MS-Papers-0032-0039 (22 digitised items). No Item Description

A transcription/translation of this document (by ATL) appears below.

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English (ATL)

Suggestions relative to "Native Lands Act 1871."

Clause 17 - It ought to be compulsory on the Court to post notices one clear month before the hearing takes place.

Clause 50 - The Court ought I think at the time of hearing any case to define the interest of the parties before the certificate is issued, and settle the case once and for ever and not leave it an open question.

If this is not done great litigation will arrise out of these interests and if the Court can ever get at the different interests there can be no better time for doing so than at the first hearing.

Clause 55 - Subdivision of Hereditaments.

Provision should be made to empower the Judge or the Governor on recommendation of the Judge to cancel the Grant without surrender being necessary in the cases where the grant itself is in the possession of the minority in value who refuse to surrender. I have known instances where one man gets hold of a grant and the others could not get it. The Governor had a similar power under the Lands Claims Settlement Act.

Clause 92 - Provision should be made that Surveyors who have held Licenses under the old Acts should be exempt from the payment of the fee of £5.

Clause 94.- Greater protection should be given to the Surveyor than the mean lieu. Some Surveyors have had to wait for several years for payment of surveys.

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English (ATL)

Interest should be chargable on the amount after six months shall have elapsed from time of hearing and after 12 months shall have elapsed power should be given to the Judge of the application of the Surveyor or his assigns to order that a portion of the land should be sold to pay such cost if the circumstances demanded it. Provision is made in clause 99 to sell land to cover cost of surveys advanced by the Government, why then not protect the private Surveyor in the same manner?

Clause 133 - In this clause to give the Court power to give judgement between European claimants to old land purchases and the Maori claimants thereto? Such power is necessary as the machinery of the old Land claims Court is worn out full power should be given to the Native Land Court to hear and determine these claims not only when they incidentally arrise but on the application of either party, not new claims but those only which have been partially heard by the Land Claims Court in fact to wind up the business of that Court.

Clause 230 - There should be added to this clause a proviso that monies paid to Natives on such agreements should be recoverable and such agreements though void as affecting the land should be taken as evidence of such debt.

I see no obsticle myself to any number of names being inserted in the grant if they should prefer that to the expense of deviding the land - the Poverty Bay grants admitted any number and seems to have had no evil effect, a little more cost in getting a deed signed sometimes but not always, but that is of minor consequence campared with the habit of shutting out claimants - but I see provision is made to prevent that occuring again.

English (ATL)

Suggestions relative to "Native Lands Act 1871."

Clause 17 - It ought to be compulsory on the Court to post notices one clear month before the hearing takes place.

Clause 50 - The Court ought I think at the time of hearing any case to define the interest of the parties before the certificate is issued, and settle the case once and for ever and not leave it an open question.

If this is not done great litigation will arrise out of these interests and if the Court can ever get at the different interests there can be no better time for doing so than at the first hearing.

Clause 55 - Subdivision of Hereditaments.

Provision should be made to empower the Judge or the Governor on recommendation of the Judge to cancel the Grant without surrender being necessary in the cases where the grant itself is in the possession of the minority in value who refuse to surrender. I have known instances where one man gets hold of a grant and the others could not get it. The Governor had a similar power under the Lands Claims Settlement Act.

Clause 92 - Provision should be made that Surveyors who have held Licenses under the old Acts should be exempt from the payment of the fee of £5.

Clause 94.- Greater protection should be given to the Surveyor than the mean lieu. Some Surveyors have had to wait for several years for payment of surveys. Interest should be chargable on the amount after six months shall have elapsed from time of hearing and after 12 months shall have elapsed power should be given to the Judge of the application of the Surveyor or his assigns to order that a portion of the land should be sold to pay such cost if the circumstances demanded it. Provision is made in clause 99 to sell land to cover cost of surveys advanced by the Government, why then not protect the private Surveyor in the same manner?

Clause 133 - In this clause to give the Court power to give judgement between European claimants to old land purchases and the Maori claimants thereto? Such power is necessary as the machinery of the old Land claims Court is worn out full power should be given to the Native Land Court to hear and determine these claims not only when they incidentally arrise but on the application of either party, not new claims but those only which have been partially heard by the Land Claims Court in fact to wind up the business of that Court.

Clause 230 - There should be added to this clause a proviso that monies paid to Natives on such agreements should be recoverable and such agreements though void as affecting the land should be taken as evidence of such debt.

I see no obsticle myself to any number of names being inserted in the grant if they should prefer that to the expense of deviding the land - the Poverty Bay grants admitted any number and seems to have had no evil effect, a little more cost in getting a deed signed sometimes but not always, but that is of minor consequence campared with the habit of shutting out claimants - but I see provision is made to prevent that occuring again.

Part of:
Native Minister - Native Land Court, Reference Number MS-Papers-0032-0039 (22 digitised items)
Series 7 Official papers, Reference Number Series 7 Official papers (3737 digitised items)
McLean Papers, Reference Number MS-Group-1551 (30238 digitised items)

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