✨ Compensation Court Regulations




THE NEW ZEALAND GAZETTE. 347

Act, 1863," and "The New Zealand Settlements
Amendment and Continuance Act, 1865":
And whereas it is expedient to rescind the afore-
mentioned regulations, and substitute others in lieu
thereof:

Now therefore, His Excellency the Governor, in
pursuance and exercise of the said power in him
vested for this purpose, doth hereby, with the advice
and consent of the Executive Council of the Colony,
rescind all previous rules and regulations made
under the aforesaid Acts or either of them, and doth,
in further pursuance and exercise of the said power,
and with the like advice and consent, make the
following rules and regulations for the practice and
procedure of the Compensation Courts, and of
arbitrations, umpirages, and appeals under the said
recited Acts

Rules and Regulations for the practice and procedure
of Compensation Courts established under "The
New Zealand Settlements Act, 1863," and "The
New Zealand Settlements Amendment and Con-
tinuance Act, 1865."

  1. No Court shall be held until after two months'
    notice of the intention to hold the same shall have
    been advertised in the General Government Gazette,
    and in the Kahiti o Niu Tireni, except for the
    purpose of rehearing a case which shall have been
    ordered to be reheard as hereinafter provided, for
    which purpose a Court shall be held at such time and
    place, and after such notice as shall be appointed by
    the Governor in Council or the Judge, as the case
    may be, in the order by which the rehearing shall be
    directed.

  2. In every case before the Court, the claimant
    shall be deemed the plaintiff, and the Crown the
    defendant, and either party may appear by counsel
    or duly authorized agent; and in all cases of opposing
    claimants the counter claimant to the person whose
    case is being heard shall be considered as a defendant.

  3. The practice and procedure of the Court, and of
    counsel and agents, where not otherwise provided for
    by these rules, shall be as nearly as convenient
    similar to that of a Resident Magistrate's Court in
    civil cases.

  4. On the application of either party for an
    adjournment for the purpose of procuring evidence,
    the Court shall grant an adjournment for the time
    applied for, or until the next sitting of the Court
    after the expiration of such time, provided the period
    of such adjournment do not exceed three months.

  5. All evidence given in Court shall be taken
    down in writing, and a copy thereof, together with
    the particulars of judgment or award, shall be
    transmitted without delay to the Colonial Secretary.

  6. Upon the application of either party within
    sixty days from the date of the sitting of the Court,
    the Governor in Council or the Judge before whom
    any case shall have been tried, may grant a rehearing
    of the same before not less than two Judges of the
    Court, one of whom shall not have been present at
    the first hearing of the case; and such applications,
    if made to the Governor, must be made in writing,
    addressed to the Colonial Secretary, and if made to
    the Judge, may be either in writing or otherwise, and
    either at a sitting of the Court, or at any time and
    place appointed by the Judge, at the instance of the
    party applying.

  7. No application for a rehearing of a case shall
    be received by any Judge after an application for a
    rehearing of such case shall have been refused by
    the Governor, and notice of refusal given to the
    Senior Judge of the Court.

  8. The orders or certificates issued by the Court
    shall be in the forms set forth in Schedules A., B.,
    and C., hereunto annexed, or to the like effect.

  9. In all cases where a certain amount of land is
    awarded in compensation, the land shall be selected
    by the person to whom such compensation shall have
    been awarded, and the Agent for the Crown: Provided
    that if they do not agree upon such selection within
    six months from the date of award, the Court shall
    decide between the parties in such manner as to it
    shall seem meet.

FORSTER GORING,
Clerk of the Executive Council.

FORM A.
In the Compensation Court, } Block.
Colony of New Zealand.

In the matter of "The New Zealand Settlements
Act, 1863," and "The New Zealand Settle-
ments Amendment and Continuance Act,
1865."

Ex parte

At a sittings of the Compensation Court held at
in the Province of on the
day of and following days, before
Esquires, Judges there, upon hearing the claimants
to compensation on account of the taking of the
Block, under the authority of the said Acts
or one of them, by an Order in Council made on the
day of 186 , the boundaries whereof
are defined in and by the said Order in Council, and
upon hearing counsel, agents, and witnesses, as well
for the claimants as the Crown, we, the aforesaid
Judges of the said Court, do hereby certify and order
that entitled to the sum of pounds
in respect of interest as owner (amongst other
persons) according to Native custom, of land at
in the said Block.

Dated at this day of 186 .

FORM B.
In the Compensation Court, } Block.
Colony of New Zealand.

In the matter of "The New Zealand Settlements
Act, 1863," and "The New Zealand Settle-
ments Amendment and Continuance Act,
1865."

Ex parte

At a sittings of the Compensation Court held at
in the Province of on the
day of and following days, before
Esquires, Judges there, upon hearing the claimants
to compensation on account of the taking of the
Block, under the authority of the said Acts
or one of them, by an Order in Council made on the
day of 186 , the boundaries whereof
are defined in and by the said Order in Council, and
upon hearing counsel, agents, and witnesses, as well
for the claimants as for the Crown, we, the aforesaid
Judges of the said Court, do hereby certify that Mr.
, duly authorized on behalf of the Colonial
Secretary, did, before judgment, elect to give to
claimants to land at in the said
Block, land instead of money out of any lands within
the Province aforesaid, subject to the provisions of
the said Act, and we order accordingly that the piece
or parcel of land containing acres, whereof
a plan and particulars are endorsed hereon or annexed
hereto, shall be given as compensation to the said
in extinguishment of the claim of them-
selves, and of all other persons claiming with by
through or under them, or any of them, into or out
of the land claimed as aforesaid.

Dated at this day of 186 .

FORM C.
In the Compensation Court, } Block.
Colony of New Zealand.



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VUW Te Waharoa PDF NZ Gazette 1867, No 46





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πŸ›οΈ Rules and Regulations for Compensation Courts procedure under Settlements Acts (continued from previous page)

πŸ›οΈ Governance & Central Administration
Compensation Courts, Procedure, Regulations, New Zealand Settlements Act, Executive Council, Forms
  • Forster Goring, Clerk of the Executive Council