✨ Native Land Court & Mining Regulations
THE NEW ZEALAND GAZETTE.
Order in Council, to constitute a Court or Courts
for the purpose of ascertaining and declaring who,
according to native custom, are the proprietors of
any lands and the estate or interest held by them
therein, and for the purpose of granting to such pro-
prietors certificates of their title to such lands, and
it is further provided that every such Court shall be
under the presidency of a European magistrate, and
shall have and exercise such powers as the Governor
may from time to time appoint. Now I, Sir George
Grey, the Governor as aforesaid, in pursuance and
exercise of the said recited power and authority, do
hereby appoint George Clarke, Esquire, of the Bay
of Islands, Justice of the Peace and Civil Commis-
sioner; Tango Hikuwai, of Waimate; Riwhi Hongi,
of Waimate; and Tamati Huingariri, of Waimate, to
be a Court under the said Act in and for the native
land district of Waimate, under the presidency of
the said George Clarke, to have, exercise, and be
subject to all such powers, duties, and responsi-
bilities as are competent for, or may be exercised by,
or are declared respecting a Court constituted under
the said Act.
Given under my hand, at the Government
House, at Auckland, and issued under
the seal of the Colony of New Zealand,
this Twenty-fifth day of October, in the
year of our Lord One Thousand Eight
Hundred and Sixty-four.
G. GREY.
By His Excellency's command,
WILLIAM Fox.
ORDER IN COUNCIL,
Establishing Regulations for the granting of Gold
Mining Leases in the Province of Otago.
G. GREY, Governor.
At the Government House, at Auckland, this
twenty-eighth day of October, 1864.
Present:-
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS it is provided by the "Gold Fields
Act, 1862," that it shall be lawful for the
Governor in Council from time to time to make such
Regulations, not being contrary to the provisions of
the said Act, as he shall think fit, for regulating the
granting of Leases for mining purposes, and the
terms and conditions on which such Leases shall be
granted, and such Regulations from time to time to
alter and abolish:
And whereas by an Order in Council made on the
Fifteenth day of September, 1863, certain Regula-
tions were made for Gold Mining within the Otago
Gold Fields, and it was thereby provided that appli-
cations might be made for Gold Mining Leases on
the payment of a deposit of Twenty pounds (£20),
and on the performance of certain things in the said
Order set forth, such Leases might be granted as
therein mentioned:
And whereas it is expedient, in addition to the
aforesaid Regulations, to make the following Regu-
lation:
Now, therefore, His Excellency the Governor, in
pursuance and exercise of the said recited power and
authority, doth hereby, with the advice and consent
of the Executive Council of the Colony of New
Zealand, make the following additional Rule for the
granting of Leases for Gold Mining within the
District of the Otago Gold Fields:--
"The Government reserves to itself the right of
ingress and egress to, from, and across any land for
which a Gold Mining Lease may or shall be issued
under the Regulations, and of granting to any per-
403
son or to the public such rights of ingress and egress
and of granting to any holder of a Miner's Right
the privilege of entering on such land for the purpose
of cutting water races or tail races and of leading
head water or tail water through the same."
And doth further declare that this Order shall
take effect from the day of date hereof.
FORSTER GORING,
Clerk of the Executive Council.
ORDER IN COUNCIL.
G. GREY, Governor.
Approved in Council this 28th day of October, 1864.
Present:-
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS by an Act of the General Assembly
of New Zealand, intituled, "The New Zealand
Native Reserves Act, 1856," certain powers therein
specified are vested in the Commissioners under the
said Act; and whereas, by another Act of the Gen-
eral Assembly of New Zealand, intituled "The
Native Reserves Amendment Act, 1862," all the
powers and authorities which by "The Native
Reserves Act, 1856," are given to or vested in,
or which may be exercised by Commissioners
appointed or to be appointed under that Act, shall vest
in, and may be exercised by the Governor, and it is by
the said Act further enacted, that the Governor may, by
Order in Council, from time to time, delegate all or any
of the powers competent to the Commissioners under
the said Act unto any person or persons for any period,
and subject to any regulations and restrictions or
stipulations as may be specified in such Order:
Now, therefore, His Excellency Sir George Grey,
in exercise of the power and authority so vested in
him as Governor as aforesaid, doth by this Order in
Council delegate, until this Order shall be revoked,
to
WALTER LAWRIE BULLER, Esquire,
Resident Magistrate of Manawatu, all the powers
competent to Commissioners under the said first
recited Act, without any restrictions or stipulations
whatever.
FORSTER GORING,
Clerk of Executive Council.
BYE laws for the guidance of the "Native Land
Court," Bay of Islands:---
-
The President and not less than two Judges
duly appointed shall be competent to hold sittings of
the Native Land Court. -
The President shall convene the Court at any
place, and at such times as he may deem convenient
by giving notice, in writing, or by printed advertise-
ment in some newspaper, published in the district to
all parties concerned. -
All Natives desirous of having their claims in-
vestigated by the Court so as to obtain a certificate
from the Government must make a written request
addressed to the President of the Court. -
All requests for the above purpose must have
the name of applicant, the tribe or hapu, general
place of abode; and boundaries must be clearly set
forth, together with the names and locality of the
land, the claim to which is to be investigated; all
such applications shall be registered in a book to be
kept for that purpose by the Court. -
Public notice shall be given of all such applica-
tions, and no action shall be taken by the Court
upon any claim until at least three months after such
notice has been given. -
Previous to any investigation by the Court, the
lands shall be surveyed by a competent surveyor and
his certificate attached.
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✨ LLM interpretation of page content
🪶
Constitution of Native Land Court for Waimate District
(continued from previous page)
🪶 Māori Affairs25 October 1864
Native Land Court, Waimate district, Land ownership, Court constitution, Civil Commissioner
- George Clarke (Esquire), Appointed President of the Court
- Tango Hikuwai, Appointed member of the Court
- Riwhi Hongi, Appointed member of the Court
- Tamati Huingariri, Appointed member of the Court
- G. Grey
- William Fox
🌾 Regulations for granting Gold Mining Leases in Otago Province
🌾 Primary Industries & Resources28 October 1864
Gold Mining Leases, Otago, Regulations, Mining rights, Water races
- G. Grey
- Forster Goring, Clerk of the Executive Council
🪶 Delegation of Native Reserves powers to Resident Magistrate
🪶 Māori Affairs28 October 1864
Native Reserves Act, Power delegation, Resident Magistrate, Manawatu
- WALTER LAWRIE Buller (Esquire), Delegated powers under Native Reserves Act
- G. Grey
- Forster Goring, Clerk of Executive Council
🪶 Bye-laws for the guidance of the Native Land Court, Bay of Islands
🪶 Māori AffairsNative Land Court, Bye-laws, Court procedure, Land claims, Survey
NZ Gazette 1864, No 42