✨ Native Land Court Rules
DEC. 2.]
THE NEW ZEALAND GAZETTE.
1705
Maps, &c.
- All maps and other papers produced before
the Court, and used as evidence, shall be signed by
the presiding Judge, who shall also affix the date of
production and seal of the Court, and shall state by
whom produced.
Direction as to Restrictions on Alienation.
20. A direction as to restricting alienation, or as
to attaching any condition or limitation, shall be in
the form numbered five.
Orders, &c., to be forwarded to Chief Judge.
21. As soon as possible the Order of Court, with
the claim, counter-claim, survey, copy of notice of
sitting and direction (if any) attached, with all other
documents relating to the claim, shall be forwarded
to the Chief Judge.
Form of Certificate.
22. The certificate of title shall be in the form
numbered six, altered as circumstances may require.
SUCCESSION TO NATIVE LAND.
Form of Application.
23. An application by a Native claiming to succeed
to land shall be in the form numbered seven.
Course of Proceedings.
24. The notices, course of proceedings, and on
hearing, shall be the same as in the case of an
original claim, mutatis mutandis.
Form of Order.
25. The Order of the Court shall be in the form
numbered eight.
FEES AND COSTS.
Fees.
26. The Judge shall minute in his notes, and
write in the margin of each order, the amount of
fees which he has fixed to be paid by the claimant
and counter-claimant.
Fees may be charged on Land.
27. In case he cannot obtain payment of the fees
at the time of the sitting of the Court, he may
charge the same on the land. In that case he must
minute on the order the statement that the fees are
“ charged.”
Information withheld until Fees paid.
28. The Chief Judge may at any time withhold
any paper or information, or refuse to proceed in any
way, until all fees due are paid.
Registrar accountable.
29. The Registrar is accountable to the Treasury
for all fees.
Enforcement of Payment of Fees.
30. All officers of the Court may refuse to do any-
thing required until the proper fee is paid.
Order for Costs.
31. If costs are ordered to be paid by a claimant
or counter-claimant the amount thereof shall be fixed
by the presiding Judge, and a copy of the order shall
be annexed to the order of the Court when trans-
mitted to the Chief Judge.
Register of Fees.
32. A register of fees demanded by him shall be
kept by each Judge, a copy whereof shall be furnished
by him to the Registrar at the end of each month.
A similar register shall be kept by the Registrar for
the whole colony, and a copy thereof furnished to
the Treasury at the end of each financial quarter.
Bonds for Accounting.
33. The Registrar shall enter into a bond, with two
sufficient sureties, for the due accounting for and
payment into the Treasury of fees.
REHEARINGS.
Rehearings.
34. A rehearing may be ordered, to be conditional
on the deposit of a stated sum of money at a stated
time, to be subject to the order of the Court for fees
or costs.
If Deposit not made, Order to stand.
35. If the required money is not deposited as and
when ordered, the original order shall be confirmed
by the Court, or by the Chief Judge if the time for
deposit of money is antecedent to the sitting of the
Court.
Form.
36. The application for rehearing may be made in
any form if within the limited time.
Treatment of Applications for Rehearing.
37. The Chief Judge may return the application
for amendment or explanation, or may refer it for
remark to the other party, or may fix a time and place
at which he will hear the parties in reference thereto.
Costs.
38. He may order costs on any such hearing.
SURVEYS.
Deposit of Plan.
39. The map shall be deposited for public inspec-
tion, for as long a period as possible before the sitting
of the Court, at some place to be indicated in the
notice of sitting.
Attendance of Surveyor.
40. A survey officer shall, if required by the
Chief Judge, attend the sittings of the Court at
which a claim is to be heard of which he may have
made a survey, and shall make such alterations in
his plan as may be ordered by the Court.
Cost of Survey.
41. Whenever a surveyor or the Native owner
shall bring before the Court any question under
section forty of the Act, the party intending to apply
to the Court shall give to the other party at least
seven days' notice of his intention so to apply,
except in cases where both parties are present. The
Chief Surveyor shall give the Native owners notice
of the cost proposed to be charged for a survey as
soon as it is completed.
42. All surveys undertaken for the purposes of
the Court, when not done by the official survey staff,
must be made by authorized surveyors of the colony,
holding a diploma signed by the Surveyor-General.
43. All surveys are to be made in strict accordance
with the New Zealand system of survey, as embodied
in the "Regulations and Instructions of the Survey
Department, 1879," when they are not contrary to
the following rules:-
44. All boundary lines must be distinctly marked
on the ground, and when in forest, high scrub, or fern
they must be cut and cleared four feet wide. All
angies of boundaries to be marked with pegs of ap-
proved hardwood and lockspits, as per regulations.
In long lines a regulation lockspit is to be cut on the
highest part of each ridge crossed in open country,
but they need not be nearer than half a mile apart.
All larger trees standing near the lines to be blazed,
and trees near corner pegs must be conspicuously
marked, and their distances and bearings from such
pegs noted in field-book.
45. When triangulation is available for ascertain-
ing distances, it will not be necessary to chain long
lines if the crossings of streams, ridges, or other
natural features are fixed by intersections. Where a
boundary-line abuts on to a stream, lake, or coast-line,
the length of such line, in addition to the traverse
length, must be supplied. Swamp boundaries are in
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✨ LLM interpretation of page content
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Continuation of Rules for Native Land Court Procedure, Fees, and Surveys
(continued from previous page)
🪶 Māori Affairs2 December 1880
Native Land Court, Rules, Procedure, Fees, Costs, Rehearings, Surveys, Land Alienation, Certificate of Title
NZ Gazette 1880, No 114