·s rr A T UTE
01'

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D:

Z E A LAN
I'U. \:D I!'O TilE TUrBTT-PlB8T YE..\.B OF THE REION OF 110 lunar.

QUEEN VICTORIA.,
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TilE

'E OND SESSION O~' THE FOURTH PARLIAMENT
NEW. ZEALAND.

OF

1J('91111"lid holden at lYcllington,

on II,e Nillth

day of July, in the year oj

0''''

Lord

nne Iholltul11d eight hundred and .ir:ty-!et·en.

HIS

EX

El.LF.NCY

SIn

GEOHCE CUEY, K~IGIIT

COMMANDER

OF THE 'BATH,

GOVERNOR.

WELLINGTON. 1867.

c.

463

New Zealand.
A~"O TRICE IMO PRIMO

VICTO
!T

I
No. 40.

G

~.
0'

t I) ·ovid for the DIane; E tate b Ioneine to Inti n
of t e ao ira

IT CTED by the eneral Assembly of cw Zealand in Parliam nt mbled and by the authority f the am follows1. The hort .tle of thi Act hall be "The )Iaori 1 tate Management Act 1 G7." 2. In he con truction of this Act the word H ri" hall mean Abori~al -ntivo of •ew Zealand and ball include bill-caste and their descendan by -ativ s the ord H trustees" shall mean trus appoint pUt uant to this Act 'whether orieinal or sub tituted and hall in lud th urvivor of th In and th _ t _rm H her _ditaments " shall m an land th ubje t of tenure or held under title derived from th r wn or any e tate or int r t therein or ari ina thereout, 3. If any title to or int r t in any h r ditamcnt hall accrue to any aori who or any of hom hall be infant Iunati or und r ther 1 gal eli hility it hall be lawful for the overnor in ouncil if h think fit to ord r that u h h r ditam nt or anv part ther of or interest ther in a hall to the 0 ernor in Council be sh wn to b lone to uch infant lunatic or other P 1 on d r legal di abilit hall be v ted in tru t a the Gov mol' in Council hall think fit and in and by such Ord r in oun il uch tru t cs th reof hall be nam d n th overnor hall think fit and uch tru tee shall ave the po and be ubject to the legal inciden h r iinnf r t for h ) ovidcd always that none of the pcwers or in id n herehy onferr d or ann x d to th said offi or. to the ircu tanccs hereinafter tatcd hall take effect or be x rei abl if it is dcclai in he rd r in ouncil appointing the trust that th Y h 11not take eff ct and wh r th r i n uch d larati n th n if au, variation or Iimitation of any of the po er or incid nts h 1 hy conferred 01.' ann x are contained in uch I'd r in Coun il u h IloW r r in id nt hall l)e tcr j bl and tnk eff t nly uhj t 0 uch ariation and limitations Pro' ded furth r that ueh ariation may be made by r f r nco -to the number of the sections and ub tion f tioc f thi A t. or th pm'po of hi Act and suhject to the pro . ion. thereof the trustees mana inc or takine po ion of such h rcditnmcnt or tho incom rP c th r of hn hay and may , r i th me ri,.,.ht and pow the owner or owners th reof might if not under disabilit " 5. 'I'he truste mny from time to time 1 t all or any part of such her ditam nts with the ppurt nan to uch pe on for ueh period
Y Y

BE

[10th October 1867.]
Short.~. Io~n.

and unde · di ability.

nt of

Ti e,

'Irt1.It«t in CIl'9 of
in(Ito1lt.1 tict.

Powe" ortnutces.
0. 66 JIlt.c.t.a4l I.

on

Truatee. mAy 1 .

lb ... 30.

464

310 VICTORI..tE, No. 40. Moori Ileal Estate Man.agement.

Truateee with ooD.lent of Govomor may 1_.

Further powers of
trustees. No. 66 of 1885 Intestato Eetatos 8.29.

Further powen of
tru.a~

To pay costa.
29 Vic. No. 26 t. 4.

To pay annuity &c. to widow.

To diatribute paJt of monty to tribe.

To invest.

To hold trust for .

~~trty in te.

not exceeding a. tenancy from year to year and subject to such rent covenants and conditions as they shall think fit. 6. The trustees may with the consent of the Governor first obtained let all or any part of such hereditaments upon lease for any term not exceeding twenty-one years and subject to such rent covenants and conditions as they may think fit. 7. The trustees out of the rents and proceeds received under this Act in respect of any hereditaments so taken possession of or managed hy them may expend money for the following purposes with respect to the hereditaments from whence the same shall ari e and may exer ise the following powers that is to say(1.) :May keep any buildings and fences in good repair and may maintain the same with their appurtenances in good order and condition (2.) ])'1a.y rect any such fence as the owner or occupier of such land is by law required to make (3.) May cut and gather crops growing thereon (4.) May in ure any buildings thereon from loss by fire (5.) fay pay any rates by law due and payable (6.) l\£ay contribute towards the formation of any road footway or improvement projected under the authority of any law by which the Government or any municipal provincial or local. govcrnment body make any contribution With the sanction of the Supremc Court or a judge thereof sitting within the judicial district within which such hereditaments are situate previously obtained the trustees may do any other act necessary or desirable for the preservation maintenance or improvement of the land with its buildings and appurtenances. 8. The trustee for the time being may do the following things(1.) They may pay and discharee all costs and expenses incurred by or on behalf of their cestui-que trust in appearing before any court or other judicature for the purpose of establishine their title to such hereditaments or consequent or attending thereon or for any other Imrpose which the judge of such court or other judicial authori y shall certify to have been necessary or beneficial to the parties. (2.) They may pay such portion of the rents and money in their hands as the Governor shall sanction to any widow of a dec ased owner of the said hereditaments or person entitled under the certificate of such judge or other judicial authority and may also pay to such widow an annuity of such an amount as to them may seem just for her maintenance. (3.j 'I'hey may with the consent of the Governor pay any portion of such rents and money to or divide such portion amongst any members of the aborieinal tribe whom they may think entitled thereto according to the ative custom applicable to the land from whence or respecting which the fund arose. (4.) They may in their own nam s invest the rents and money in their hands in bonds or debentures issued by the Government of :K ew Zealand h reinaftor alled Government securities or on mortgage of land and hereditaments or other real securities within the Colony and also from time to time may vary any such inve tments. (5.) If the said real estate is held in trust for infants the trustees shall stand po se sed of the same for the benefit of all and every such infants to be equally divided among them share and share alike the shares of such infants to be paid assigned

310 VICTORLE, No. 40.
Maori Real Estate Management.

465

(6.)

(7.)

(8.)

(9.) (10.) (11.)

(12.)

or transferred as and when they shall respectively attain the aee of twenty-one years but if there shall be only one such infant ceetui-que trust who shall attain the age of twenty-one years then the whole of such real estate shall be paid transferred and as igned to such one subject however in all cases to any annuity payable under the foregoing provisions Provided that if any infant cestui-que trust shall die before his or her rents and money shall become vested as aforesaid leaving children such children shall succeed to their deceased parents' rents and money or share and be entitled thereto in manner aforesaid. In all cases where the property is held in trust for infants the To.applymonoyfol' trustee may at their discretion pay to or apply for or towards &c. of the maintenance or education of such infant the whole or any 'part. of the income .to which such infants may be entitled in respect of such property whether there be any other fund applicable to the arne purpose or any other person bound to provide for such maintenance and education or not and the trustee shall accumulate all the residue of such income hy way of compound interest by investing the same and the resulting income thereof from time to time in overument securities or on mortgage of land and hereditaments or other real securities within the Colony or in the purchase of hereditaments for the benefit of the person who shall ultimat ly become entitled to the prop rty from which such accumulation hall have arisen Provided alwavs that it shall be lawful for the trustees at any time if it shall appear to them expedient to apply the whole 01' any part of such accumulations as if tho same were part of the income arisine in the then current year. They may at their discretion apply the whole or any part of Oe for edvancemcnt, the accumulations of income or hare of an infant if a. male in placing him in any business profe sion 01' engagement or otherwi e for his preferment or advancement in life and if a female may cttle her accumulations of income or share on her and her children on her marriage or pay over the same to trustees for her or to her for her absolute use on her marriage as they may think fit. 'When all the surviving cestui-que trusts shall have come of Todi'l'idetruatfupd,s. ace the tru tees shall wind up the trust estate and shall divide the residue of the trust property amone them subject to any annuity as aforesaid if any such there be (for the regular payment of which thereafter they may make such arrangements as they think fit) share and share alike. They may give do make and xecute all notices agreements To execute deeds. deeds and other instruments and things necessary for carrying into effect the objects of their trust. They may out of the trust fund reimburse themselves all Toreimbul'6Otbem· co ts charges and expenses which they may lawfully incur selree expeus . or be reasonably put to in carrying this Act into execution. They may pay to themselves or to such one of them as they To remunerate thom· shall fix upon to undertake the administration of the affairs eelves. of their trust and the management of the education advancement and maintenance of the cestui-que trusts an annual remuneration of five per cent. on the income. And they may with the consent of the Governor first To do uuything else obtained do all such other things as they may think neces- edvautegcous to trlllt sary or beneficial for the advantageous administration of the estate. trust estate and the good of their cestui-que trusts.

r:~:~~co

466

31 0 VICTORI~J No. 40. Maori Bea; Eetate Management.

Appointment of DeW
tn.LIt«Ie •

.29 Vic. No. 26. e. 7.

.Appli tion to prom Cow1.

Ib ... 9.

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