Regulations and Delegations




THE NEW ZEALAND GAZETTE. 383

Given under the hand of His Excellency Sir
George Grey, Knight Commander of the
Most Honorable Order of the Bath,
Governor and Commander-in-Chief in
and over Her Majesty's Colony of New
Zealand and its Dependencies, at the
Government House, at Wellington, this
twenty-eighth day of September, in the
year of our Lord one thousand eight
hundred and sixty-six.
WILLIAM FITZHERBERT.

G. GREY, Governor.

WHEREAS by "The Native Lands Act, 1865," it
is enacted that "Juries for the trial of matters
under this Act shall be formed in accordance with
regulations to be issued by the Governor:"

Now therefore, I, Sir George Grey, the Governor,
in pursuance and exercise of the power and authority
vested in me by the said Act do hereby issue the
following Regulation for the formation of juries for
the trial of matters under "The Native Lands Act,
1865."

Juries for the trial of matters under "The Native
Lands Act, 1865," shall be formed as follows:-The
Judge shall, from the bystanders or from persons
residing within ten (10) miles of the place at which
the Court shall sit or shall be sitting, from a list
of eighteen (18) men, from which twelve (12)
persons shall be selected by lot, and the persons so
selected, or so many of them as may attend and be
willing to serve shall be impanelled as a jury
to try the matter. Provided that if less than twelve
(12) out of the persons so selected shall attend and be
willing to serve, or if any juror shall absent himself
and the number of the jury be thereby or by challenge
or otherwise reduced to less than twelve (12), the
Judge shall complete the number of twelve (12)
jurymen from the bystanders: Provided also that
by consent of the parties a jury of any greater or less
number than twelve (12) not being less than four (4)
(to be selected as aforesaid) may be impanelled for
the trial of any matter under the said Act.

Given under the hand of His Excellency Sir
George Grey, Knight Commander of the
Most Honorable Order of the Bath,
Governor and Commander-in-Chief in
and over Her Majesty's Colony of New
Zealand and its Dependencies, at the
Government House, at Wellington, this
eighth day of October, one thousand
eight hundred and sixty-six.
J. C. RICHMOND.

G. GREY, Governor.

WHEREAS by an Act of the General Assembly
of New Zealand, intituled "The Gold Fields
Act, 1866," it is enacted that it shall be lawful for
the Governor in Council, under his hand and the
public Seal of the Colony, from time to time, to
delegate to the Superintendent of any Province, or
such other person as the Governor may deem fit, all
or any of the powers vested in the Governor, or the
Governor in Council, by the Act now in recital,
except the powers conferred by sections twenty-two,
forty, forty-eight, sixty, ninety-six, and one hundred
and seven, of the said Act, subject or not to
any limitations or restrictions as he may think fit,
and in like manner to alter or revoke any such
powers:

Now therefore, I, Sir George Grey, the Governor
as aforesaid of the said Colony, with the advice and
consent of the Executive Council thereof, and in the
exercise of the power and authority for this purpose
in me vested, do hereby delegate unto

FREDERICK WHITAKER, Esq.,
as Superintendent of the Province of Auckland,
all the powers vested in me, under or by virtue of
the said "Gold Fields Act, 1866," except the powers
conferred by sections twenty-two, forty, forty-eight,
sixty, ninety-six, and one hundred and seven, to
have, hold, and exercise, within the Province of
Auckland, the said powers hereby given to the said
Frederick Whitaker, Esq., so long as he shall
continue and remain Superintendent of the said
Province, and no longer: Provided always that
copies of all Rules and Regulations made under
the delegation aforesaid shall be forthwith trans-
mitted to the Colonial Secretary, in order that the
same may be laid before the General Assembly, in
accordance with the provisions of the one hundred
and tenth clause of "The Gold Fields Act, 1866."

Given under the hand of His Excellency Sir
George Grey, Knight Commander of
the Most Honorable Order of the Bath,
Governor and Commander-in-Chief in
and over Her Majesty's Colony of New
Zealand and its Dependencies, at the
Government House, at Wellington, and
issued under the seal of the said Colony
this twelfth day of October, in the year
of our Lord one thousand eight hundred
and sixty-six.
E. W. STAFFORD.

Approved in Council:
FORSTER GORING,
Clerk of the Executive Council.

NOTE.-Similar delegations issued to the Superin-
tendents of Taranaki, Hawke's Bay, Wellington,
Nelson, Marlborough, Canterbury, Otago, and
Southland.

G. GREY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
sixth day of October, 1866.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS at a sitting of the Native Lands
Court of New Zealand, held at Onoke, in
Hokianga, in the Province of Auckland, on the third
day of July, 1866, the claim of Tamati Waka Nene,
Eruera Patuone, and others, to a piece of land called
Waitaroto, situated near the Bay of Islands in the
Province aforesaid, was heard and a certain order
was thereupon made by the Court aforesaid. And
whereas it is enacted by "The Native Lands Act,
1865," that the Governor in Council may order a
rehearing of any matter judicially heard before the
Court aforesaid before one or more Judges of the
Court and two or more Assessors, as may be specified
in the Order in Council ordering such rehearing, and
within such a period of time as may be limited in
such order: Provided that no such order for a
rehearing shall be made after six months shall have
elapsed from the date of the original decision. And
whereas it is expedient that the said claim shall be
reheard before the said Court:

Now therefore, His Excellency the Governor, with
the advice and consent of the Executive Council of
the Colony, in pursuance and execution of the above
recited power and authority, doth hereby order that
the aforesaid claim of Tamati Waka Nene, Eruera
Patuone, and others, to the aforesaid piece of land,
shall be reheard before Frederick Edward Maning,
Esquire, a Judge of the said Court, and before the
undermentioned Assessors or any two of them, that
is to say,-

Hoir Karaka,
Wiremu Hopihana,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1866, No 55





✨ LLM interpretation of page content

🪶 Regulation for forming juries under the Native Lands Act, 1865

🪶 Māori Affairs
8 October 1866
Native Lands Act 1865, Jury formation, Court procedure, Regulation
  • Sir George Grey, Knight Commander of the Most Honorable Order of the Bath, Governor and Commander-in-Chief
  • WILLIAM FITZHERBERT
  • G. GREY, Governor
  • J. C. RICHMOND
  • G. GREY, Governor

🌾 Delegation of powers under the Gold Fields Act, 1866 to Auckland Superintendent

🌾 Primary Industries & Resources
12 October 1866
Gold Fields Act 1866, Power delegation, Auckland Province, Superintendent
  • Frederick Whitaker (Esquire), Delegate for Gold Fields powers

  • Sir George Grey, Governor as aforesaid of the said Colony
  • E. W. STAFFORD
  • G. GREY, Governor
  • FORSTER GORING, Clerk of the Executive Council

🪶 Order for rehearing of Waitaroto land claim before specific Judge and Assessors

🪶 Māori Affairs
6 October 1866
Order in Council, Native Land Court, Rehearing, Waitaroto, Hokianga, Land Claim
  • Tamati Waka Nene, Claimant in land rehearing
  • Eruera Patuone, Claimant in land rehearing
  • Frederick Edward Maning (Esquire), Judge for land claim rehearing
  • Hoir Karaka, Assessor for land claim rehearing
  • Wiremu Hopihana, Assessor for land claim rehearing

  • HIS EXCELLENCY THE GOVERNOR IN COUNCIL
  • G. GREY, Governor