Native Land Claim Rehearings




866
THE NEW ZEALAND GAZETTE.

Rehearing of Native Land Claim.

NORMANBY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this
twelfth day of December, 1876.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the fifty-eighth section of "The
Native Land Act, 1873," (hereinafter referred
to as "the said Act,") it is enacted that, upon the
application of any persons interested in any Native
land who may feel themselves aggrieved by the de-
cision of the Native Land Court in respect thereof,
the Governor in Council may order a rehearing of
any matter heard and decided under the provisions
of the said Act, within such a period of time from
the publication of the decision and memorial of
ownership, in manner in the said Act required, as
may be limited in such order; and upon such order
being made, all proceedings theretofore taken by the
Court in such matter shall be annulled, and the case
shall commence de novo, and shall proceed in manner
provided by the said Act: Provided that no appli-
cation for a rehearing shall be entertained if it be
made after six months shall have elapsed from the
time of such publication:

And whereas by the eighth section of "The Native
Land Act Amendment Act, 1874," (hereinafter
referred to as "the said Amendment Act,") it is
enacted that in any case where an application for a
rehearing of any matter heard and decided under
"The Native Lands Act, 1865," and the Acts amend-
ing the same, shall have been made subsequently to
the first day of July, one thousand eight hundred
and seventy-three, the Governor in Council may, in
the manner provided by the fifty-eighth section of the
said Act, order a rehearing of any such matter so
heard and decided as aforesaid; and all the provisions
of the said Act respecting rehearings, so far as appli-
cable, shall extend to any rehearing under the said
Amendment Act: Provided that such application
shall in each case have been made within six months
from the date of the decision of the Court in such
case:

And whereas at a sitting of the Native Land Court
of New Zealand, at Whangarei, in the Kaipara Dis-
trict, in the Province of Auckland, on the eighteenth
day of September, one thousand eight hundred and
seventy-six, the claim of Henare te Moananui, an
aboriginal native of New Zealand, to a piece of land
called Te Rehuotane, situate near Whangarei, in the
said district, was heard and decided, and a certain
order was thereupon made by the said Court:

And whereas, on or about the third day of Novem-
ber, one thousand eight hundred and seventy-six, an
application was made to the said Court, by and on
behalf of a certain aboriginal native claiming to have
an interest in the said land, for a rehearing of the
said claim, and it is expedient that the said claim
should be reheard before the said Court:

Now, therefore, His Excellency the Governor, in
exercise and pursuance of the above-recited power,
and by and with the advice and consent of the Exe-
cutive Council of New Zealand, doth hereby order
and direct that the said claim of Henare te Moana-
nui to the piece of land aforesaid shall be reheard
as and in the manner provided by "The Native Land
Act, 1873;" and doth also order that such rehearing
shall take place within one year from the said
eighteenth day of September, one thousand eight
hundred and seventy-six.

FORSTER GORING,
Clerk of the Executive Council.

Rehearing of Native Land Claim.

NORMANBY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this
twelfth day of December, 1876.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the fifty-eighth section of "The
Native Land Act, 1873," (hereinafter referred
to as "the said Act,") it is enacted that, upon the
application of any persons interested in any Native
land who may feel themselves aggrieved by the de-
cision of the Native Land Court in respect thereof,
the Governor in Council may order a rehearing of
any matter heard and decided under the provisions
of the said Act, within such a period of time from
the publication of the decision and memorial of
ownership, in manner in the said Act required, as
may be limited in such order; and upon such order
being made, all proceedings theretofore taken by the
Court in such matter shall be annulled, and the case
shall commence de novo, and shall proceed in manner
provided by the said Act: Provided that no appli-
cation for a rehearing shall be entertained if it be
made after six months shall have elapsed from the
time of such publication:

And whereas by the eighth section of "The Native
Land Act Amendment Act, 1874," (hereinafter
referred to as "the said Amendment Act,") it is
enacted that in any case where an application for a
rehearing of any matter heard and decided under
"The Native Lands Act, 1865," and the Acts amend-
ing the same, shall have been made subsequently to
the first day of July, one thousand eight hundred
and seventy-three, the Governor in Council may, in
the manner provided by the fifty-eighth section of the
said Act, order a rehearing of any such matter so
heard and decided as aforesaid; and all the provisions
of the said Act respecting rehearings, so far as appli-
cable, shall extend to any rehearing under the said
Amendment Act: Provided that such application
shall in each case have been made within six months
from the date of the decision of the Court in such
case:

And whereas at a sitting of the Native Land Court
of New Zealand, at Whangarei, in the Kaipara
District, in the Province of Auckland, on the
eighteenth day of September, one thousand eight
hundred and seventy-six, the claim of Henare te
Moananui and another, aboriginal natives of New
Zealand, to a piece of land called Whakahewa, situate
near Whangarei, in the said district, was heard and
decided, and a certain order was thereupon made by
the said Court:

And whereas on or about the third day of Novem-
ber, one thousand eight hundred and seventy-six, an
application was made to the said Court, by and on
behalf of a certain aboriginal native claiming to have
an interest in the said land, for a rehearing of the
said claim, and it is expedient that the said claim
should be reheard before the said Court:

Now, therefore, His Excellency the Governor, in
exercise and pursuance of the above-recited power,
and by and with the advice and consent of the Exe-
cutive Council of New Zealand, doth hereby order
and direct that the said claim of Henare te Moana-
nui and another to the piece of land aforesaid shall
be reheard as and in the manner provided by "The
Native Land Act, 1873;" and doth also order that
such rehearing shall take place within one year from
the said eighteenth day of September, one thousand
eight hundred and seventy-six.

FORSTER GORING,
Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1876, No 69





✨ LLM interpretation of page content

🪶 Order for Rehearing of Native Land Claim for Te Rehuotane

🪶 Māori Affairs
12 December 1876
Native Land Court, Rehearing, Order in Council, Te Rehuotane, Whangarei, Kaipara District
  • Henare te Moananui, Claim to land Te Rehuotane reheard

  • NORMANBY, Governor
  • FORSTER GORING, Clerk of the Executive Council

🪶 Order for Rehearing of Native Land Claim for Whakahewa

🪶 Māori Affairs
12 December 1876
Native Land Court, Rehearing, Order in Council, Whakahewa, Whangarei, Kaipara District
  • Henare te Moananui, Claim to land Whakahewa reheard

  • NORMANBY, Governor
  • FORSTER GORING, Clerk of the Executive Council