District Orders and Court Rules




THE NEW ZEALAND GAZETTE. 133

Range to the source of the River Wairoa; thence to
Paparata; thence to Nakunaku, on the River Mara-
marua; thence to Te Rua o te Taniwha (on the
eastern side of Lake Waikari); thence along the
western side of the Rataroa Range to Rataroa;
thence to the source of the River Mangawhara;
thence to Hangawhara; thence to Rangaunu; thence
to Taukoro, on the River Piako; thence to Ruatoitoi,
on the River Waitoa; thence to Te Wairere; thence
to the summit of the Aroha Range; thence along
that range and the boundary of the District of Tau-
ranga to Ngakuriawhaare on the sea coast; thence
by the sea coast (including Great Mercury, Motu-
nau, Pakihi, Waiheke, and other Islands adjacent
thereto) to the point of commencement.

And doth appoint and declare that the said District,
shall be called the Native District of "Hauraki."

And doth declare that this Order shall take effect
from and after the first day of December, 1864.

FORSTER GORING,
Clerk of Executive Council.

ORDER IN COUNCIL,
Appointing Tauranga a District under "Native
Circuit Courts Act, 1858."

G. GREY, Governor.

At the Government House, at Auckland, on the
seventeenth day of November, 1864.

Present :

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by an Act of the General Assembly
of New Zealand, intituled "The Native Circuit
Courts Act, 1858," it is provided that it shall be
lawful for the Governor in Council from time to time
to appoint Districts for the purposes of the said Act,
being Districts over which the Native Title shall not
for the time being have been extinguished :

Now, therefore, His Excellency the Governor, by
and with the advice and consent of his Executive
Council, doth hereby order, appoint, and declare, that
the Territory hereafter described shall be a District
for the purposes of the said Act, that is to say: All
Territory lying within a boundary line commencing
at Ngakuriawhaare, to the north of Katikati; pro-
ceeding thence by a line running in a westerly
direction to the summit of Te Aroha-a-uta; thence
in a southerly direction along the Aroha Ranges to
Mangatawa; thence by a line to the summit of
Otanewainuku; thence by a direct line to the mouth
of the Wairakei stream, on the sea coast; thence by
the coast line (including the island of Tuhua) to the
commencing point.

And doth appoint and declare, that the said
District shall be called the Native District of
"Tauranga."

And doth declare that this Order shall take effect
from and after the first day of December, 1864.

FORSTER GORING,
Clerk of Executive Council.

ORDER IN COUNCIL,

Fixing Wardens' Courts Rules for the Province
of Canterbury.

G. GREY, Governor.

At the Government House, at Wellington,
the first day of April, 1865.

Present:一

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the "Gold Fields Act, 1862," it
is enacted that it shall be lawful for the
Governor in Council, from time to time, to make,
alter, and revoke Rules regulating the Procedure
and Practice in the Courts to be established under
the said Act, and in cases of Appeal therefrom, and

also to fix the fees to be taken in respect of proceed-
ings therein :

Now, therefore, His Excellency the Governor, by
and with the advice and consent of his Executive
Council, doth hereby order that the Rules and Fees
respectively set forth in the Schedule hereunto
annexed, shall be the Rules regulating the Procedure
and Practice in the Wardens' Courts within the
Province of Canterbury, and in cases of Appeal
therefrom, and shall be the Fees to be taken in
respect to proceedings therein.

FOSTER GORING,
Clerk of the Executive Council.

RULES FOR REGULATING THE PROCEDURE AND
PRACTICE OF WARDENS' COURTS WITHIN THE
PROVINCE OF CANTERBURY.

  1. The Schedule of Forms and Scale of Fees here-
    unto annexed shall form part of these Rules.

  2. In construing those Rules and Forms, the
    following terms, in inverted commas, shall bear the
    several meanings set against them respectively:

"The Act." The Gold Fields Act, 1862' (26
Victoria, No. 21.)

"Clerk," "Bailiff." The Clerk, Bailiff, or
person duly appointed and authorised to act as
such respectively.

"Oath" shall include affirmation.

Words importing the masculine gender only shall
include females; and importing the singular number
shall be extended to the plural number.

  1. Every Warden's Court shall be holden at such
    place and times as the Judge shall appoint, and he
    may from time to time adjourn the Court.

  2. There shall be for every Warden's Court a
    Clerk who shall be appointed by and hold office
    during the pleasure of the Governor or the Superin-
    tendent, or other person duly delegated by the
    Governor to exercise such power under the Act.

  3. It shall be lawful for the Judge of the Court to
    appoint a Deputy to act for the Clerk as often as he
    shall be prevented by illness or other cause from
    acting in his office, and an entry of such appointment,
    and the cause of the Clerk's absence, shall be made
    in the Minute Book of the Court.

  4. The Clerk of Court shall issue all Summonses,
    Warrants, and Writs of Execution, keep an account
    of all proceedings, take charge of and keep an
    account, in a book to belong to the Court, of all fees
    and fines payable or paid into Court, and of all
    monies paid into and out of Court, adjourn the Court
    to any day he may deem convenient when from any
    cause a Court cannot be held on the day appointed,
    and shall do and perform all other acts and duties
    properly incident to the office of Clerk.

  5. There shall also be a Bailiff of Court, who shall
    be appointed by and hold office during the pleasure
    of the Judge thereof.

  6. The Bailiff shall attend the Sittings of the
    Court, unless when his absence shall be allowed by
    the Judge, and shall, when required, serve all Sum-
    monses and Orders, and execute all the Warrants
    and Writs issued out of the Court, and in other
    respects shall be subject to the directions of the
    Judge.

  7. The parties in every Complaint, Action, and
    Proceeding shall appear and act personally or by a
    Barrister or Solicitor of the Supreme Court, and not
    otherwise, unless under special circumstances the
    Judge permits any party to appear by an agent, not
    being a Barrister or Solicitor.

  8. No Officer of the Court shall, either by him-
    self or by any partner or person in his employment,
    be directly or indirectly engaged as Counsel, Attor-
    ney, or Agent for any party in any proceeding in the
    Court.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1865, No 15





✨ LLM interpretation of page content

🪶 Boundary description for Hauraki Native District (continued from previous page)

🪶 Māori Affairs
17 November 1864
Boundary description, River Wairoa, Lake Waikari, Aroha Range, Sea Coast, Mercury Island
  • FORSTER GORING, Clerk of Executive Council

🪶 Order Appointing Tauranga a Native District under Native Circuit Courts Act, 1858

🪶 Māori Affairs
17 November 1864
Order in Council, District, Tauranga, Native Circuit Courts Act, Boundary description, Katikati, Tuhua Island
  • G. GREY, Governor
  • FORSTER GORING, Clerk of Executive Council

⚖️ Order Fixing Wardens' Courts Rules and Fees for the Province of Canterbury

⚖️ Justice & Law Enforcement
1 April 1865
Order in Council, Wardens' Courts, Rules, Fees, Canterbury Province, Gold Fields Act 1862
  • G. GREY, Governor
  • FOSTER GORING, Clerk of the Executive Council

⚖️ Detailed Procedure and Practice Rules for Canterbury Wardens' Courts (continued from previous page)

⚖️ Justice & Law Enforcement
1 April 1865
Wardens' Courts, Procedure, Practice, Fees, Clerk, Bailiff, Judge, Barrister, Solicitor