Additional Rules And Regulation
Native Land Court.
Extract from New Zealand Gazette, 19th March, 1896.
By Authority: S. Costall, Government Printer.
Additional Rules And Regulations Of The Native Land Court.
Whereas by "The Native Land Court Act, 1894," it is enacted that the Chief Judge of the Court may from time to time, with the approval of the Governor in Council, make and prescribe rules of practice and procedure and forms of proceedings in the several matters in which jurisdiction is or may be conferred on the Court, and for fixing the fees to be paid under the said Act: And whereas by "The Native Land Laws Amendment, Act, 1895," it is enacted that the said last-mentioned Act shall, so far as relates to the Native Land Court and the Native Appellate Court, be read with and as part of "The Native Land Court Act, 1894": And whereas the Chief Judge of the said Court, in exercise of the power and authority aforesaid, with the approval of the Governor in Council, made and prescribed the rules and regulations, and prescribed the forms and fees, set forth in an Order of Council dated the nineteenth day of February, one thousand eight hundred and ninety-five: And whereas it is expedient to further exercise the power and authority aforesaid:
Now, therefore, I, George Boutflower Davy, Esquire, Chief Judge of the said Court, in exercise of the power and authority given to me by the hereinbefore-recited Acts, do hereby make the further rules and regulations, and prescribe the fees and forms of procedure, following, that is to say,—
Section 17, "Native Land Court Act, 1894."
|128.||128. Where an application for partition of any land has been notified to be dealt with at any sitting of the Court nothing in the regulations contained shall restrict the power of the Court at the same sitting, without any further application, to appoint successors to any owner deceased; or the Court may, on an application for definition of relative interests, proceed to partition the same land, or may, in any case, appoint a trustee for a minor: Provided that the same fees shall be payable as if such jurisdiction had been exercised in manner prescribed by the regulations.|
|129.||Nothing in the regulations contained shall restrict the power of the Court to make interlocutory orders in respect of any matter as to which the Court is empowered to make a final order.|
Confirmation of Alienations.
|130.||Before granting any certificate under section 55 of the Act the Judge shall satisfy himself that an application for confirmation has been lodged with the Registrar; and the same fees shall be payable in respect thereof as would be payable on an application for confirmation under section 53.|
|131.||Such application shall be in Form No 30, except that the same shall be expressly stated to be made under the provisions of section 55, and shall be headed accordingly.|
|132.||Before granting such certificate, the Judge shall, in respect of the alienation intended to be thereby confirmed, make all inquiries which are directed to be made by the Court before confirming an alienation of the like nature.|
|133.||No such certificate shall be signed until after the expiration of fourteen days from the date of the publication in the Gazette and Kahiti of notice of the intention to grant such certificate. The Judge shall note on the application the fact of the granting of such certificate, and shall return the application to the Registrar.|
|134.||The Registrar may require any person lodging an application for confirmation to lodge at the same time the instrument in respect of which such application is made; and that before reception of such instrument there shall be indorsed thereon an order of confirmation or certificate in the prescribed form for signature by the Court or Judge.|
|135.||Notice under Rule 133 may be in Form No. 54 in the Schedule.|
|136.||The period of three months prescribed by Rule No. 61 of the regulations of the 19th February, 1895, as the period to elapse from the date of any Judgment before the signing and sealing of the order thereon, is hereby altered to two months from the date of the delivery of such judgment, or such other time as the Chief Judge shall direct.|
|137.||Rule No. 64 of the regulations of the 19th February, 1895, is hereby revoked. Rule No. 61 shall be read as if the words, "or, if notice of appeal has been given, until such appeal has been finally disposed of," had been omitted therefrom.|
|138.||Where no fee is charged on the making of any order, the Clerk of the Court, in drawing up such order, shall take care that the word "No fee payable" are noted thereon.|
|139.||All orders made in exercise of jurisdiction under section 17 of the Act shall be expressed to be made under page 5the provisions of that section, and shall be headed accordingly.|
140. With every application for probate the applicant shall lodge with the Registrar the original will, and a translation thereof if in the Maori language, also two attested copies of the will and translation.
Remedies of Creditors.
|141.||The procedure in respect of any inquiry under section 11 of "The Native Land Laws Amendment Act, 1895," shall be the same, as nearly as may be, as the procedure for confirmation of alienations under section 53 of the Act.|
|142.||Where the Court, after such inquiry, has satisfied itself that it is right and proper that such right or remedy should be exercised, the Court may, without further inquiry, confirm any alienation by virtue thereof upon being satisfied that such alienation is not in contravention of section 9 of "The Native Land Laws Amendment Act, 1895."|
Notice of Sittings of the Court.
|143.||In notifying applications for partition, or definition of relative interests, where several applications have been made in respect of the same land or personal estate, it shall be sufficient if any one of such, applications be notified; but all such applications which have been received by the Registrar up to the date of the sitting of the Court shall be forwarded to the Court, and shall be dealt with at such sitting.|
|144.||Before notifying a sitting of the Court for the investigation of the title to any Native land, the Registrar shall satisfy himself that there is a sufficient plan of the land, or that such plan is in course of preparation and will be forthcoming at the sitting of the Court.|
Survey on Partition.
145. Where any land has been subdivided, either on original investigation or on application for partition, it shall be the duty of the Clerk of the Court to forthwith forward to the Registrar for transmission to the Chief Surveyor a sufficient description of the boundaries and all other information necessary to enable the survey of such subdivision to be proceeded with. Such information shall be forwarded in such form and manner as the Registrar shall require.
Dismissal of Appeal.
|146.||Application by the Registrar for dismissal of an appeal under section 40 of "The Native Land Laws Amendment Act, 1895," shall be in the Form 55 in the Schedule. Such application, if made to the Native Land Court, shall be notified in the Gazette and Kahiti. If made in connection with an appeal which has been notified to be dealt with by the Appellate Court, no further notice shall be necessary.|
|147.||An order dismissing an appeal under section 40 shall be in Form No. 56 in the Schedule.|
Sales by Trustees.
148. Every application for approval of sale or lease by a trustee shall be in writing, and shall be filed with the Registrar.
|149.||The fee payable on filing any application shall be paid by stamp affixed to such application.|
|150.||Where Court fees are due in respect of any parcel of land which has been partitioned by the Court, the Registrar may apportion such fees amongst the several subdivisions of such land, and the amount due in respect of each subdivisions shall be noted on the partition order, and shall be payable accordingly.|
|151.||The following fees shall be payable in respect of the matters hereunder specified:—
152. So much of the rules and regulations of the 19th day of February, 1895, as is inconsistent with the foregoing rules and regulations is hereby revoked.
Form No. 54.
Notice under Rule 133.
Notice is hereby given that application has been made to a Judge of the Court for a certificate under section 55 of "The Native Land Court Act, 1894," confirming the alienation hereunder specified. All objections to the granting of such certificate must be lodged with me within fourteen days from the publication of this notice.
|No.||Nature of Alienation.||Date.||Name of Block or Section.||Names of Parties.|
Form No. 55.
In the Native Court of New Zealand.
In the matter of "The Native Land Laws Amendment Act, 1895," and of the appeal of from the decision of the Native Land Court [State nature of decision appealed from].
I,, Registrar of the Native Land Court for the District, hereby make application under section 40 of the above-mentioned Act to have the above appeal dismissed on the ground that the appellant has [have] up to the date of making this application failed to deposit with me as such Registrar as aforesaid the amount ordered to be deposited as security for costs in respect of the above appeal, and that the time [or extended time] allowed for payment thereof has elapsed.
Dated at, this day of, 189.
Form No. 56.
Order dismissing Appeal under Section 40 of "The Native Land Laws Amendment Act, 1895."
In the Native Court of New Zealand.
In the matter of "The Native Land Laws Amendment Act, 1895," and of the appeal of from the decision of the Native Land Court on [State nature of decision appealed from].
At a sitting of the Court held at, on the day of, 189, before, Esquire, Judge, and, Assessor, upon the application of the Registrar of the Native Land Court for the District, and upon proof to the satisfaction of the Court that the appellant has failed to deposit with the Registrar the sum required to be deposited as security for the costs of the said appeal under the provisions of section 85 of "The Native Land Court Act, 1894," it is ordered that the said appeal be and the same is hereby dismissed on the ground of the failure to deposit the required security as aforesaid.
As witness the hand of, Esquire, Judge, and the seal of the Court.
As witness my band, this twentieth day of February, one thousand eight hundred and ninety-six.
G. B. Davy,
Approved in Council.
Clerk of the Executive Council.