✨ Native Land Court Rules and Surveys
Mar. 20.] THE NEW ZEALAND GAZETTE. 311
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No inquiry will be held upon an application for rehearing until after the expiration of three months from the date of the decision in respect of which such application is made.
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Notice of any sitting of the Court to inquire into applications for rehearing may be given in such manner as the Chief Judge may direct.
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An order directing or refusing a rehearing may be in the form numbered twenty-eight in the Schedule hereto. Notice of such orders shall be given in the Gazette and Kahiti, or in such manner as the Chief Judge shall from time to time direct. In the absence of special directions such notice shall be given in the form numbered twenty-nine in the Schedule hereto.
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An order made on rehearing may be in the form numbered thirty in the Schedule hereto.
Surveys.
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Boundary surveys of areas over 3,000 acres in extent may be made by the system of converging angles observed between fixed and known points, the intervening and adjacent features being delineated by cross-bearings, or theodolite or compass chain traverses.
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Surveys under 3,000 acres in extent must be triangulated and traversed, or traversed only if triangulation be inapplicable by reason of the denseness of the forest.
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When triangulation is available for ascertaining 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, as well as the traverse length, must be supplied. Swamp or terrace boundaries are inadmissible; they must be shown by right lines.
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The positions of all remarkable hills, ridges, pas, eel-weirs, Native cultivations, tracks, battle-fields, villages, &c., within or near the block under survey must be fixed by intersections; and the courses of all rivers, forest margins, swamps, lakes, coast-lines, or other natural or artificial features must be sketched in for delineation in their proper position on the map.
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The Native names of all boundaries or natural features within or pertaining to the block must be ascertained, together with the names and position of adjacent lands, and shown on the map.
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All plans are to be drawn upon mounted paper, to the scales given in the Schedule hereto, but they must not be on a less scale than 20 chains to the inch, unless by special permission. It is advisable when possible, but not absolutely necessary, to keep the maps of the uniform sizes of 30in. by 30in., or 18in. by 16in., but in no case must a less space than 100 square inches be left clear of any survey detail. Maps should be neatly drawn, in accordance with specimens to be seen in any of the survey offices. The whole boundary of the land forming the subject of the claim is to be conspicuously indicated by a tint of pink carried all round within it, and, when islands lying adjacent to the mainland are intended to be included in the claim, they must be coloured of the same tint. The map should have a plain title stating the Native name of the block, the survey district, and the provincial district in which the land lies, with the name or names of one or more of the applicants, and the names of those who pointed out the boundaries. The scale to which it is drawn, the meridian of the circuit in which the block is situated, and the area must be plainly stated. In the lower left-hand corner must be quoted the number and date of letter of instructions to the surveyor, with the number and page of the field-book. The map must bear a certificate signed by the surveyor making the survey, in the form or to the effect given in the Schedule hereto numbered thirty-one.
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The certificate of the Surveyor-General or other officer, under section 81 of the said Act, shall be in the form numbered thirty-two in the Schedule hereto.
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Notice of applications under sections 81 to 85 inclusive of the said Act and section 10 of the said amending Act (1889) shall be given in the Gazette and Kahiti; but the Court, if satisfied that all parties interested are before it or duly represented, may proceed to deal with such applications without such notice having been given.
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Orders of the Court under sections 81 to 85 inclusive of the said Act shall be in the respective forms numbered thirty-three to thirty-five in the Schedule.
An order of the Court under section 10 of the said amending Act (1889) shall be in the form numbered thirty-six in the Schedule.
- An application for an authority to a surveyor under section 89 of the said Act, if not made by or on behalf of the Government, may be in the form numbered thirty-seven in the Schedule hereto. Such authority may be given in the form numbered thirty-eight in the Schedule, on an ex parte application; but a Judge may, if he thinks fit, direct that notice of any application shall be given in the Kahiti, or in such other manner as the circumstances of any particular case may require.
Agency.
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No person not being a barrister or solicitor of the Supreme Court shall be allowed to appear in Court as agent for or on behalf of any other person unless he hold a license in the form numbered thirty-nine in the Schedule, under the hand of the Chief Judge, authorising him to act in that behalf.
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The foregoing rule shall not apply to Natives other than half-castes and their descendants, nor to any person acting on behalf of his or her wife or husband, parents, or children.
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A register shall be kept of all persons to whom such licenses have been granted, and shall be published in the Gazette and Kahiti from time to time.
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Licenses shall be annual, and shall expire on the 31st day of December in each year.
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A license may be withdrawn at any time.
Costs.
- An order for the payment of costs may be in the form numbered forty in the Schedule hereto.
Fees.
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The fees set out in the Schedule of Fees hereto are hereby fixed as the fees to be paid under the said Acts: Provided that any of such fees may, in the discretion of a Judge of the Court, be remitted or abated in amount.
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The amount of any fee accruing under the said Acts, if such fee be not remitted, shall be a debt due to the Crown by such of the persons, parties to the proceeding or act in or for which the same accrues, as the Court or a Judge may determine and order, and such amount shall be payable at such time as the Court or a Judge may direct.
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The Court, or a Judge or a Registrar of the Court, may decline to proceed in any case or to do any act in relation to land where moneys are payable as fees for anything done in relation to such land until such moneys shall have been paid.
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A Judge shall minute in the margin of each order the amount of any fees accrued in the matter of such order, specifying such as have been paid.
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An account of all fees accruing in respect of business had before him shall be kept by each Judge, who at the end of each month shall cause a copy of such account to be furnished to the Receiver-General, and another copy to the Registrar of each district in which any of such fees shall have accrued, specifying such as have been paid.
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The fees payable in respect of a hearing in Court shall be payable upon any inquiry in open Court upon an application for rehearing, or under section 13 of the said amending Act (1889).
Statutory Declaration.
- A statutory declaration under section 13 of the said amending Act (1889) may be in the form numbered forty-one in the Schedule hereto.
Reference to Supreme Court.
- An order of reference to the Supreme Court under Part IX. of the said Act may be in the form numbered forty-two in the Schedule hereto.
Warrant of Commitment.
- A warrant of commitment under section 4 of the said amending Act (1889) may be in the form numbered forty-three in the Schedule hereto.
Trustees.
- An order appointing Trustees under "The Maori Real Estate Management Act, 1888," shall be in the form numbered forty-four in the Schedule hereto.
Forms.
- When the forms in the Schedule hereto are directed or authorised to be used, such variations may be made therein as the circumstances of any particular case may require.
SCHEDULE OF FORMS.
Form No. 1, Rule 8.—Application for Investigation of Title.
Ki te Kooti Whenua Maori.
He tono whakawa putake whenua
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Ko matou ko nga tangata kua tuhia nei o matou ingoa ki raro o tenei pukapuka, he tangata Maori e mea ana no matou, kei te whai paanga ranei matou, ki te whenua Maori e whakahuatia ana i raro nei; ka tono atu nei ki te Kooti Whenua Maori kia whakawakia te take ki taua whenua.
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Ko te ingoa o tana whenua ko i te takiwa o Ko nga rohe enei o te whenua
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Ko to matou Kainga kei
A ka tono atu hoki matou kia tukua atu he mana ki a kai ruri kia haere ia ki runga ki taua whenua ruri ai
He mea tuhi i te o nga ra o , 189
Na
Me tuhituhi o koutou ingoa ki konei:
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Rules for Native Land Court Procedures
(continued from previous page)
🪶 Māori AffairsNative Land Court, Rules, Procedures, Surveys, Applications, Rehearing, Costs, Fees, Forms
🗺️ Survey Rules for Native Land
🗺️ Lands, Settlement & SurveyBoundary Surveys, Triangulation, Features, Native Names, Maps, Scales, Certificates
🪶 Agency Rules for Native Land Court
🪶 Māori AffairsAgents, Barristers, Solicitors, Licenses, Register, Annual, Withdrawal
💰 Costs and Fees in Native Land Court
💰 Finance & RevenueCosts, Fees, Payment, Debt, Crown, Judges, Registrars, Monthly Accounts
⚖️ Statutory Declarations and References
⚖️ Justice & Law EnforcementStatutory Declarations, Supreme Court, Warrants, Commitment, Trustees, Forms
NZ Gazette 1890, No 14