✨ Native Land Court Rules
Jumb. 20.
135
THE
NEW ZEALAND GAZETTE.
Published by Authority.
WELLINGTON, FRIDAY, APRIL 5, 1867.
RULES UNDER "THE NATIVE LANDS
ACT, 1865."
Approved this twenty-eighth day of March, 1867.
G. GREY, Governor.
WHEREAS it is enacted by "The Native Lands
Act, 1865," that it shall be lawful for the
Chief Judge of the Court established by the said
Act from time to time to make rules, and the same
from time to time to revoke or alter, for regulating
the sittings, practice, forms, and procedure of the
Court, and for the government of all surveyors and
other officers officially connected with the Court;
and all rules so made or altered shall, when approved
by the Governor, have the same force and effect as if
they had been inserted in the said Act: Now there-
fore, I, Francis Dart Fenton, Esq., the Chief Judge
of the said Court, in pursuance and execution of the
said power and authority, do hereby make the
following rules for the purposes aforesaid.
Witness my hand this twenty-sixth day of
January, one thousand eight hundred
and sixty-seven.
FRANCIS D. FENTON,
Chief Judge, Native Lands Court.
RULES.
I.—ADMINISTRATION.
Claims.
- Every claim or copy thereof certified by him,
when received by a Judge, shall be forwarded by him
to the Chief Judge, who shall enter the same in a
General Register as of the day on which it is received
in his office.
Registry of Claims.
2. Each claim shall also be entered in a Local
Register of a District, arranged as the Chief Judge
shall find convenient; such Local Register shall be
filled up as to the further history of the claim as the
case proceeds.
Sittings of Court.
3. When, in the judgment of the Chief Judge, a
sufficient number of claims have been received from
any district, and are in a sufficient state of forward-
ness as to surveys to render a sitting of the Court
necessary, notice of the sitting of a Court shall be
given by the Chief Judge in manner hereinafter
provided.
Sittings of Court.
4. The Chief Judge shall then transmit the claims
to be heard at such sittings, with the counter claims
(if any), surveys, and other documents relating
thereto, to a Judge, with a copy of the notice as
aforesaid, whose duty it shall then be to obtain the
attendance of two assessors, and with them attend
the Court so fixed, and hear and determine matters
coming before it.
II.—JURIES.
Summons to a Juror.
5. A summons to a person to serve as a Juror
shall be in the form numbered one in the Schedule,
or to the like effect, and shall be sealed with the Seal
of the Court, and served personally on the person
to whom it is addressed.
Deliberations of Jury.
6. The Judge presiding, and the Assessors, or any
of them, may, if they think fit, be present at the
deliberations of a Jury, and assist thereat.
III.—JURISDICTION AND PRACTICE OF COURT.
(1.)—Investigation of Titles.
Form of Claim.
7. The claim of any Native, under section twenty-
one of the Act, may be in the form numbered two in
the Schedule, or in any other form that may in the
discretion of the Court, subject to the Act, show the
intention of the signer to assert a claim to a piece of
land defined or referred to, and his desire that such
claim should be investigated by the Court.
Notice of Claim.
8. Notice of a claim and of the sitting of the
Court thereupon shall be in the form numbered three
in the Schedule, or to the same effect, and shall be
inserted in the Kahiti, in the Maori language, and in
the Gazette of the Province in which the land affected
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🪶 Rules made under The Native Lands Act, 1865, for Court procedure.
🪶 Māori Affairs28 March 1867
Native Lands Act 1865, Rules, Practice, Procedure, Claims, Sittings, Jurors, Court Jurisdiction
- G. Grey, Governor
- Francis Dart Fenton, Esquire, Chief Judge, Native Lands Court
NZ Gazette 1867, No 20