He Whakamaramatanga mo te Ture Hoko, Riihi hoki, i nga Whenua Maori, 1876.

(Hon. Sir D. McLean.) Native Land Sales and Leases

Native Land Sales and Leases.

Analysis.

Title.

Preamble.

1.	Short Titles.
2.	When Act to come into operation.
3.	Interpretation.

Preliminary

(1.) Application of Act and prior Contracts

4.	Operation of Act limited.
5.	Moneys advanced by Crown in respect of Native lands affected by this Act to be a lien thereon.
6.	Incompleted agreements may be referred to Native Land Court.
7.	Purchase money, &c., made by Court a lien upon land to be a first charge on same when sold.

(2.) Restriction of Native Land Purchases

8.	Purchase of lands, &c., prohibited in districts brought under this Act.
9.	Penalty for breach of last provision.
10.	Natives prohibited from dealing with their lands otherwise than as prescribed by this Act.
11.	Contracts in contravention of this Act to be void.

As to the Sale and Disposal of Native Lands.

(1.) General Provisions.

12.	Native land to be sold and disposed of as by this Act prescribed.
13.	Surveys
14.	Act not to be deemed to compel Natives to dispose of their land.
15.	Provisions affecting the sale letting and disposal of Native lands.
16.	Order of Court to be transmitted to Waste Lands Board, and land to be sold or disposed of by the Board in accordance with Waste Lands Act.
17.	Waste Lands Board may apply to Court for instructions.
18.	Court to have same powers as under "The Native Lands Act, 1873."

(2.) Application of Proceeds of Lands disposed of.

19.	Half gross proceeds of sale to be paid into Court for use of Natives selling.
20.	The other half to he paid into Public Account, and to be liable to certain charges in respect of the sale thereof.
21.	Such last-mentioned sum not to exceed one pound per acre.
22.	Natives entitled to full half-share, notwithstanding it be in excess of the price prescribed by them.
23.	Proceeds to be paid over by Court to persons entitled.
24.	Land not to be sold below a certain price.

(3.) Completion of Titles to Land disposed of.

25.	Crown grant to issue for lands so sold.
26.	Such Crown grants to be valid and effectual for all purposes.
27.	Sale of lands of which a lease has been given to be subject to this Act.

(4.) Town Lands.

28.	Town lands may be sold by Waste Lands Board.
29.	How town lands to be sold, &c.
30.	Moneys arising from gold fields on Native lands how disposed of.
31.	Provisions of Act to apply to sale of Native lands within gold fields.
32.	Act not to be deemed to compel Natives to sold land for gold mining purposes.
33.	Agreements with Natives for the acquisition of lands comprised within a gold field.

(5.) Confiscated and Ceded Lands.

34. Act not to affect confiscated lands.

(6.) Native Lands held on Lease by Crown.

35.	Existing leases in favour of the Queen not to be prejudiced.
36.	Provision for the sale of land comprised in such leases.

(7.) Disposition of Revenue.

37. Revenue collected under this Act to he deemed land revenue.

(8.) Miscellaneous.

38.	Governor may make regulations.
39.	Repeal of existing enactments, &c., inconsistent with this Act.

Schedule.

A Bill Intituled
An Act to regulate the Sale, Letting, and Disposal of Native Lands. Title.

Whereas it is expedient to alter the present system of disposing Preamble. of and dealing with Native lands, and to enable the aboriginal natives of the colony to obtain a larger value for their interests in such lands, and to discourage speculation, and restrain dealings therein otherwise than in accordance with the provisions of this Act:

page 2

Be it therefore enacted by the, General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1.	Short Title.The Short Title of this Act shall be "The Native Lands Sales and Leases Act, 1876." 5
2.	When Act to come into operation.This Act shall come into operation on [gap — ] the day of [gap — ] one thousand eight hundred and seventy-six, and such day is hereinafter referred to as the commencement of this Act.
3.	Interpreation.In the construction of this Act the following words and expressions have the meanings hereby assigned, unless it is evident 10 by the context that some different meaning is intended:— "The said Act" means "The Native Lands Act, 1873," and includes any Act amending the same. "Court" means the Native Land Court of New Zealand. "Native" means a person of the aboriginal native race of New 15 Zealand, and includes the various castes of such race. "Native land" means land held upon Native custom or under memorial of ownership, but shall not include lands which, at the time of the commencement of this Act, have passed the Native Land Court, and for which persons have 20 received or, at the time of the commencement of this Act, are entitled to receive Crown grants. "District" means a district constituted under the said Act. "Waste Lands Act" means the Act regulating the sale, letting, and disposal of waste land in that part of the colony in 25 which such Act is in force, and includes any regulations in force for like purposes. "Waste Lands Board" means the Board, Commissioners, or other persons or authority administering any such Waste Lands Act. 30 "Confiscated lands" mean lands taken under the authority of "The New Zealand Settlements Act, 1863," and any Act amending the same, or under "The Confiscated Lands Act, 1867," or which, under "The East Coast Act, 1868," are or may be declared to be Crown lands. 35

[ko te tohutoro i roto i te reo Māori]

Preliminary.

[ko te tohutoro i roto i te reo Māori]

[1.] Application of Act and prior Contracts.

Operation of Act limited.This Act shall only have the following operation:—

[1.]	It only affects Native lands in the North Island.
[2.]	It shall not apply to the blocks of land mentioned in the 40 Schedule hereto, the purchase of which, or any negotiation for such purchase, may be completed without reference to this Act.
[3.]	It shall not alter or affect any disposition of any land or any interest therein bonâ fide actually made and completed 45 before the commencement of this Act.

Moneys advanced by Crown in respect of Native lands affected by this Act to be a lien thereon.Where moneys have been paid by or on behalf of Her Majesty for the purchase or acquisition of any Native lands affected by this Act, or of any estate or interest therein, such moneys shall be deemed and held to be liens on such land, whenever the same is sold under the 50 provisions of this Act.

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The provisions hereinafter contained in the seventh section hereof, shall apply to any land affected by this section, and to any lien arising in respect thereof.

If it is made to appear to the Governor that any disposition of Incompleted arrangements may be referred to Native Land Court. 5 Native land at the time of the commencement of this Act is not actually completed, he may refer the question as to the actual completion thereof or otherwise to the Native Land Court.

The Court shall have full power and jurisdiction to make any inquiry necessary for giving effect to this provision, and shall have 10 all the powers and authorities it would have in a matter before the Court under the provisions of the said Act, so far as the same may be applicable for the purposes of such inquiry.

If on any such inquiry it shall appear to the Court that the disposition of such land has not actually been completed, the Court 15 may, after considering all the circumstances of the case, order that such disposition shall be completed on such terms and conditions as it may direct, or may make an order that the purchase money premium or other consideration paid thereon, if any, together (at the discretion of the Court) with interest, shall be returned to the person paying the 20 same within any period not exceeding three years from the date of the order, or at once, or that the same may be made a lien on the land when. disposed of under this Act.

When the Court by any order makes the repayment of any Purchase money, &c., made by Court a lien upon land to be first charge on same when sold. purchase money or premium a lien upon the land, the amount thereof, 25 with interest not exceeding five per centum per annum, shall be a first charge on the land when sold, and the balance received, after deducting such amount and interest, shall, for the purposes of this Act, be deemed to be the total purchase money paid.

If such land shall only be leased, then the amount of such lien 30 shall be charged on the rents to be received, or on such part thereof as the Court may order.

Any order made under the foregoing provisions may be altered or varied as the Court thinks fit, on the application of any of the parties interested within twelve months after the making of such order.

[ko te tohutoro i roto i te reo Māori]

[2.] Restriction of Native Land Purchases.

8.	After the commencement of this Act no person shall, either Purchase of lands, &c., prohibited in districts brought under this Act. by himself or his agents, or by or through any person on his or their behalf, or as agent for any such person, directly or indirectly purchase or acquire, or contract or agree to purchase or acquire, any Native 40 lands, or any estate right easement or interest therein, from any Native, or from any person on behalf of any such Native, except under the provisions of this Act.
9.	Any person committing a breach of the foregoing provision shall Penalty for breach of last provision. be liable to a penalty not exceeding two hundred pounds, to be 45 recovered in a summary way. One-half of any fine recovered under this section shall be paid to the person or persons who shall be instrumental in procuring any conviction hereunder, in such proportion as the convicting Resident Magistrate or Justices shall direct.
10.	50 No Native shall, after the commencement of this Act, Natives prohibited from dealing with their lands otherwise than as prescribed by this Act. dispose of or agree to dispose of any Native lands in of or to which he may be seised possessed or entitled, whether solely or jointly, except under the provisions of this Act. This provision shall extend to all Native lands of any tenure 55 whatsoever, whether held under Native custom or under a title ascertained by the Court under the said Act, or under any Act repealed thereby, but shall not include any lands for which Crown grants have been issued to any Native or number of Natives, or for which Crown grants have been directed to be issued or are in course of preparation 60 before the commencement of this Act. page 4
11.	Contracts in contravention of this Act to be void.If any contract or agreement shall be made for the disposition of any such lands or any estate or interest therein, or if any disposition thereof shall be made contrary to the provisions of this Act, every instrument of disposition, by which such disposition shall be effected or sought to be effected, shall be void, and all or any 5 moneys paid thereunder shall be forfeited, and all of any moneys payable thereunder shall not be recoverable at law or in equity; and no person shall have any right claim or demand under or in respect of any such instrument of disposition or any covenant or agreement therein contained or implied. 10 For the purposes of this and the last preceding section, the following terms and expressions shall have the meanings hereby assigned to them:— "Disposition," "dispose of," respectively mean and include any conveyance, transfer, mortgage, lease, agreement, charge, 15 lien, or contract of any kind, whereby any Native land, or any estate easement right or interest therein, has been or may be sold, conveyed, leased, surrendered, charged, encumbered, or otherwise parted with or disposed of; and "Instrument of disposition" includes any conveyance, transfer, 20 mortgage, charge, lien, lease, agreement, or contract of any kind whatsoever, in respect of or relating to Native land.

[ko te tohutoro i roto i te reo Māori]

As to the Sale and Disposal of Native Lands.

[ko te tohutoro i roto i te reo Māori]

(1.) General Provision.

12.

Native land to be sold and disposed of as by this Act prescribed.Subject to this Act, all Native land, and every estate right or 25 interest therein, shall be sold leased and disposed of manner provided by this Act, and not in any other way.

13.

Surveys.Whenever any Natives desire to sell or lease land which has not been surveyed, they may apply to the Court to order a survey of the land, and the Court, if it thinks that the persons making sueh 30 application have disclosed a primâ facie title to the land, may direct such survey to be made.

Such survey shall be made in the manner that the Secretary of Crown Lands may from time to time direct; and in all lands so surveyed provision shall be made for laying off road lines in such 35 directions as may be deemed necessary,

Any survey made under the authority of this Act, and any map showing the results of such survey, shall respectively be deemed to be a survey and map made in accordance with the said Act, and shall be accepted by the Court, and may be acted upon accordingly. 40

14.

Act not to be deemed to compel Natives to dispose of their land.Nothing in this Act contained shall be held to compel the Native owners to dispose of any Native land, or to dispose of more land than they wish to dispose of, or to sell lease or dispose of any interest therein, or at a less price for any such land or interest than they may fix or require; and the Court may make orders as to the sale 45 letting or disposal of parts of lands or interests therein so as to carry out the wishes of the Natives as expressed in the order of Court.

15.

Provisions affecting the sale letting and disposal of Native lands.With respect to the sale letting and disposal of Native lands following provisions shall have effect:—

[1.]	When the Native owners desire to sell lease or dispose of 50 any Native land, they shall make application to the Court in such manner and form as the Court may from time to time prescribe.
[2.]	Upon any such application being made, the Court shall proceed to inquire as to the present title to the land, and any 55 charges thereon, and the nature and extent of the interests page 5of the applicants, and, if it shall appear that the land may be lawfully disposed of as desired by the Native owners, the Court shall make an order as hereinafter provided.
[3.]	If the Native owners desire to sell, they shall in their application5 state the lowest priee they are willing, in accordance with this Act, to take for their estate or interest in such land, and describe the area they desire to sell, and whether the land is to be sold subject to any, and what, restrictions and reservations. 10 The expression "lowest price" in this clause means the price which will be actually receivable by the Natives under the nineteenth seetion of this Act.
[4.]	If the Natives desire to let the land, they shall, in their application to the Court, prescribe the terms and conditions 15 on which the same may be leased, the rent to be reserved, and the covenants restrictions and reservations they wish to be inserted in any lease. The expression "rent to be reserved" in this clause means the rent which will be actually receivable by the Natives 20 under the nineteenth section of this Act.
[5.]	If only a portion of the Native owners jointly interested in such land desire to sell or lease the same, the Court may, after due inquiry as before provided, make an order of partition between the Native owners; and it shall not be necessary 25 to obtain the assent of all the Native owners to any such partition, but the assent of those who desire to dispose thereof shall be sufficient authority to make the partition.
[6.]	Such order of partition may be part of the order authorizing 30 the disposal of the land, but shall in no case authorize a disposal of the interests of such Natives as are unwilling to dispose of such interests.
[7.]	If any of the Native owners shall be infants or under disability, the Court may certify the fact to the Governor, and 35 the Governor may, in the manner provided by "The Maori Real Estate Management Act, 1867," appoint a trustee or trustees to protect the interests of such infants or persons under disability, and such Trustees shall have power to give any consent or do any Act necessary to give effect to 40 any proposed sale or lease, in such manner as the Court may in the certificate state to be desirable.
[8.]	If the Court shall be satisfied with the inquiry made, it may make an order declaring that the land mentioned in the application or so much of it as the Natives desire shall 45 be sold leased or otherwise disposed of under this Act, at such a price as will not return less to the Natives than they require in the case of sales, and in the case of leases at aueh rent as the Natives have reserved, and every such order shall be final and conclusive on all parties.
[9.]	50 As part of the inquiry, the Court may, in the case of a sale, ascertain what moneys have been expended by the Natives in the survey of the land intended to be sold, and of investigating the title to such land, and all other expenses incidental thereto; but such inquiry shall only be 55 made in respect of lands surveyed, or the title to which has been investigated before this Act has been brought into operation in the district where such lands are situated.
[10.]	No order shall be made by the Court in respect of any Native land subject to this Act, unless and until the title 60 of the Native owners has been ascertained by the Court under the said Act.page 6
16.	Order of Court to be transmitted to Waste Lands Board, and land to be sold or disposed of by the Board in accordance with Waste Lands Act.The order so made, or a duplicate thereof, shall, when sealed and completed as orders of Court usually are, be transmitted by the Court to the Waste Lands Board having jurisdiction where such Native lands are situate, and the lands mentioned in such order shall become and be deemed to be waste lands of the Crown, and in accordance with 5 the terms of such order, may, subject to this Act, be sold leased or disposed of in accordance with any Waste Land Act then in force in the part of the colony where such lands are situated. When any sale lease or other disposition has been effected under the power herein contained, notice thereof shall be given by the 10 Waste Lands Board to the Court, and the Court shall cause the fact of such sale lease or other disposition to be recorded in such manner as it thinks fit. If land offered for sale or lease is not sold or leased, the Native owners shall have the use and occupation of such land, and the same 15 may again be offered for sale or lease, as the Native owners think fit.
17.	Waste Lands Board may apply to Court for instructions.The Waste Lands Board may from time to time apply to the Native land Court for instructions as to the mode of carrying out any order made by the Court; and with the consent of the Native owners, may apply for any modification or alteration of such order: 20 The Court shall have full power and authority, with such consent as aforesaid, to modify or alter any order made by it in such manner and to such extent that it may conceive best calculated lawfully to carry out the wishes of the Native owners. 25
18.	Court to have same powers as under "The Native Lands Act, 1873."In respeet of any investigation or inquiry under this Act, or any order act or thing made or done thereunder, the Court shall have all the powers and authorities it would have under the said Act with respect to any investigation of title, or as to sales or leases of land held under title derived through the Court, or upon partition 30 or otherwise in relation thereto; and the provisions of the said Act shall 'mutatis mutandis'.[unclear: Things requiring hanger having been changed -] extend and apply to every sueh investigation inquiry order act or thing so far as applicable.

[ko te tohutoro i roto i te reo Māori]

(2.) Application of Proceeds of Lands disposed of.

19.

Half gross proceeds of sale to be paid into Court for use of Natives selling.One-half the gross proeeeds of every sale shall be paid over 35 to the Court for the use of the Natives selling; and, in the case of a lease, the rents payable shall be paid to the Receiver of Land Revenue as they respectively become due, and such Receiver shall pay one-half thereof over to the Court for the use of the Natives.

But where the Court has certified that the Natives have been put 40 to expenses for surveying the land or investigating the title thereto, as hereinbefore provided, such expenses shall in the case of a sale be first deducted from the total amount of the purchase money, and shall be added to the amount payable on behalf of the Natives.

20.

The other half to be paid into Public Account, and to be liable to certain charges in respect of the sale thereof.The other half of such gross proceeds of the sale of any lands, 45 or of any rents received from time to time, shall be paid by the Receiver into the Public Account; and the moneys so paid shall be the consideration for the payment by the Governor, on behalf of Her Majesty, of the following services costs and charges:

(1.)	Of all expenses connected with the disposal of such lands, 50 including surveying any such lands, and advertising the same for sale or lease;
(2.)	Acting as agent on behalf of the Natives in such sale or Ietting;
(3.)	Clothing the land sold or let with a title from the Crown; 55
(4.)	In satisfaction of any duty payable under "The Native Duties Act, 1873;" andpage 7
(5.)	In carrying out the order of the Court according to the wishes of the Natives.

Any expenses attending the investigation of a title to land or the sale or letting thereof shall, in case the same be not sold or let, be 5 deemed to be part of the expenses attending any subsequent sale or letting thereof.

21.

Notwithstanding anything hereinbefore contained, the Such last-mentioned sum not to exceed £1 per acre. Governor shall not be entitled to receive more than one pound per acre for lands sold under this Act; but this provision shall not prejudice 10 any lien arising under this Act, nor shall it affect sales of town lands under the powers herein contained.

22.

The Natives shall be entitled to receive a full half-share of Natives entitled to full half-share not-withstanding it be in excess of the price prescribed by them. the total proceeds of the sale of any land, or of the rents to be received, although the same may be in excess of the price prescribed by the 15 Natives as the price at which the same may be sold or leased.

23.

The purchase moneys rents or other proceeds of any such Proceeds to be paid over by Court to persons entitled. sale leasing or disposition shall be paid over by the Court to the persons legally entitled to receive the same in proportion to their interests in the land disposed of.

24.

20 Notwithstanding anything herein contained, no Native land Land not to be sold below a certain price. shall be sold or leased at a price less than double the price or rent named by the Natives, nor less than the price for which similar lands subject to the waste land laws in force in that part of the colony where such land is situated might be sold or leased, and no land shall be 25 leased or the right of occupation thereof disposed of at a less rate than twopence per acre per annum.

[ko te tohutoro i roto i te reo Māori]

(3.) Completion of Titles to Land disposed of.

25.	Upon any sale being made by the Waste Lands Board, in Crown grant to issue for lands so sold. accordance with the terms of the order of Court, and after payment 30 of the purchase money, it shall be lawful for the Governor at any time thereafter to issue a Crown grant of such land. If the land be leased, then, upon compliance by the purchaser with the terms upon which such lease has been sold, a lease of the land shall be granted in accordance with such terms and the order of Court.
26.	35 Crown grants made under this Act shall be as valid and Such Crown grants to be valid and effectual for all purposes. effectual to all intents and purposes as grants made by the Governor of waste lands of the Crown, and, subject to this Act, shall be made executed and completed in like manner as such last-mentioned grants are made executed and completed. 40 Leases of land disposed of under this Act shall be prepared by the Waste Lands Board, and may be executed by the Commissioner of Crown Lands for the district in which the lands leased are situated.
27.	If after the expiration, or sooner determination, of any lease, Sale of lands of which a lease has been given to be subject to this Act. the lands therein mentioned shall be sold under the powers in this Act 45 contained, all the preceding provisions of this Act shall apply to any such sale, and the proceeds and completion thereof.

[ko te tohutoro i roto i te reo Māori]

(4.) Town Lands.

28.	If the Native owners desire to establish a town on any Town lands may be sold by Waste Lands Board. Native lands, and the site is approved by the Governor, such land 50 shall be sold and disposed of by the Waste Lands Board in like manner as other town lands subject to the jurisdiction of the Board may be sold and disposed of. Before the Governor approves of any such site for a town, such necessary reserves for public and other purposes as shall be agreed upon 55 between the Governor and the Native owners, shall be made and set apart. page 8
29.	How town lands to be sold, &c.The Waste Lands Board may sell such town lands in such lots and at such times as may be thought expedient, and the proceeds of such sales from time to time shall be applied and disposed of in like manner as the proceeds of sales of Native land are herein before directed to be applied and disposed of. 5
30.	Moneys arising from gold fields on Native lands how disposed of.If under the provisions of "The Gold Fields Act Amendment Act, 1868," or under any other Act, an agreement shall be made between the Governor and the Natives for the occupation of any Native lands for gold mining purposes, one-half of all receipts or revenue arising from the issue of miners' rights and business licenses 10 within such gold field shall be paid over to the Native owners, and the other half shall go to and form part of the gold fields revenue of the provincial district in which such lands are situated: Provided that nothing herein shall be deemed to affect or prejudice any agreement already made between the Natives and the Governor or any 15 person on his behalf under any Act relating to mining for gold on Native lands.
31.	Provisions of Act to apply to sale of Native lands within gold fields.When Native lands situate within a gold field shall be sold or disposed of under any power or authority under this Act, all the provisions hereinbefore contained respecting the sale lease or 20 disposition of Native lands shall be applicable. Towns may be established on lands belonging to Natives within any gold field, and the provisions of this Act hereinbefore contained with respect to the sale of town lands shall apply to lands on gold fields. 25
32.	Act not to be deemed to compel Natives to sell land for gold mining purposes.Nothing in this Act shall be construed to make it obligatory on the Natives to sell or dispose of any Native land for gold mining purposes, or for towns in such gold fields, or to sell let or otherwise dispose of any such lands; but any agreement, when made, shall be binding and conclusive on the persons making the same, and shall be 30 enforced accordingly.
33.	Agreements with Natives for the acquisition of land comprised within gold field.Notwithstanding anything in any Act contained, the Native owners may agree with the Governor for the sale or other disposal of the lands comprised within a gold field or any part thereof, and upon any such agreement being made such lands shall be disposed of in 35 like manner as other Native lands are by this Act authorized to be disposed of; and all the provisions hereinbefore contained as to the survey of such land, the application to the Court, and the disposal of the proceeds of any such disposition, shall extend and apply to the lands in such agreement mentioned. 40

[ko te tohutoro i roto i te reo Māori]

[5.] Confiscated and Ceded Lands.

Act not to affect confiscated lands. 34.Nothing in this Act shall apply to confiscated lands, or tolands ceded to the Queen by the Native owners, or shall be construed to affect or interfere with any arrangements the Governor deems necessary to make concerning such confiscated or ceded lands. 45

[ko te tohutoro i roto i te reo Māori]

[6.] Native Lands held on Lease by Crown.

35.

Existing leases in favour of the Queen not to be prejudiced.With regard to any Native lands which have been already leased to the Queen (not heing lands mentioned in the schedule hereto), or to the Governor on behalf of the Queen, the lease of such lands, and every clauae and condition of such leases, shall remain in 50 force unless altered with the consent of the lessors and lessee.

On the expiration of such leases the land comprised therein shall be liable to be disposed of and dealt with only under the provisions of this Act.

36.

Provision for the sale of land comprised in such lease.Prior to the expiration of such leases the Natives may apply 55 to the Court to sell their interest in such lands, subject to the terms of the leases, but if such leases contain a pre-emptive right on behalf of the Queen, then the Court shall have no jurisdiction to entertain such application, and the Queen may, out of moneys then available for that purpose, purchase such land in accordance with the lease. 60

[ko te tohutoro i roto i te reo Māori]

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[7.] Disposition of Revenue.

37.
Exeepting such amounts as the Governor may Receive by way Revenue collected under this Act to be deemed land revenue. of repayment of sums already paid upon any purchase or negotiation for purchase, of native lands, and excepting receipts derived from the 5 issue of miners' rights and business licenses upon gold fields, the propotionate part of all other moneys received under this Act on behalf of Her Majesty shall be deemed to be land revenue arising within the land district in which the land is situated.

Such land revenue shall be subject to pay the contrubutions Assembly, and including the special expenses of surveying, selling, letting, disposing, and otherwise dealing with such land under this Act.

[ko te tohutoro i roto i te reo Māori]

[8.] Miscellaneous

38.

15 The Governor may form time to time make regulations for Governor may make regulations. be published in the New Zealand Gazette, and when so published shall have the force of law.

In addition to the general power hereby given, if, in the application of any Waste Land Act to the provisions of this Act, any obstacle of a technical or formal nature shall be presented, the Governor may make such regulations as will enable any such obstacle to overcome, and the special power hereby given shall not be deemed to control or affect the general power before set forth.

39.

25 All enactments contained in any Act, or in any regulations Repeal of existing enactments, &c., inconsistent with this Act. made thereunder, which are inconsistent with this Act, are hereby repealed, but so that so such repeal shall affect anything lawfully done before the coming into operation of this Act.

Schedule.

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He Whakamaramatanga mo te Ture Hoko, Riihi hoki, i nga Whenua Maori, 1876.

(Hon. Sir D. McLean.) Native Land Sales and Leases