Legal and Administrative Notices




Feb. 13.] THE NEW ZEALAND GAZETTE. 181

Court, make, and from time to time alter, revoke, or amend, such rules of practice and procedure for regulating proceedings under the said Act as to him shall seem fit; and such rules, when published in the New Zealand Gazette, shall have the force of law:

And whereas His Excellency the Governor in Council, by order of the third day of November, one thousand eight hundred and eighty-eight, in exercise of the power and authority aforesaid, made certain rules for the purposes aforesaid: And whereas, it being expedient that additional rules should be made, the following rules have been submitted to and approved of by His Honour Christopher William Richmond, a Judge of the Supreme Court of New Zealand, as required by the said Act:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby, with such approval as aforesaid, make the following additional rules of practice and procedure for the purpose of regulating proceedings under the said Act and under the Acts amending the same:—

  1. A summons to a witness whose evidence is required to be taken under “The Native Lands Frauds Prevention Acts Amendment Act, 1889,” may be in the Form (D) in the Schedule hereto, and may be served in the manner provided by section twelve of “The Native Lands Frauds Prevention Act, 1881.”

  2. A declaration in the Form (E) in the Schedule hereto may be made by each Native signing any instrument of alienation, either at the time of signing the same or as soon thereafter as may be convenient.

  3. Such declarations may be filed in the Registrar’s Office of the Native Land Court district in which the land the subject of alienation is situate.

  4. A declaration so made and filed may be used by the Trust Commissioner holding the inquiry as evidence of the facts therein stated.

  5. Nothing in the foregoing rules shall be deemed to preclude any party to an alienation, or the Trust Commissioner, from requiring the attendance of any person either before the Trust Commissioner holding the inquiry, or before some other Trust Commissioner, or a Resident Magistrate, for the purpose of giving evidence, if in the opinion of the Trust Commissioner such attendance is desirable.

———

SCHEDULE.

(D.)

SUMMONS TO A WITNESS UNDER SECTION OF “THE NATIVE LANDS FRAUDS PREVENTION ACTS AMENDMENT ACT, 1889.”

To .

You are hereby summoned to attend at [Here state place appointed], on , the day of , at [Here state the hour], to give evidence before the undersigned Trust Commissioner [or Resident Magistrate], under the provisions of section of “The Native Lands Frauds Prevention Acts Amendment Act, 1889,” in the matter of an application of for a certificate from a Trust Commissioner in respect of the alienation of land known as , situate at , by a deed of , dated the day of , and made between and . [If the production of documents is required, add:] And you are hereby required, at the time and place aforesaid, to produce to the said Trust Commissioner [or Resident Magistrate] the under-mentioned documents: [Here append description of documents sufficient to identify the same.]

As witness my hand, this day of , 18 .

Trust Commissioner
[or Resident Magistrate].

———

(E.)

DECLARATION TO BE MADE BY A NATIVE ALIENATING LAND.

In the matter of “The Native Lands Frauds Prevention Act, 1881,” and its amendments; and in the matter of the application of , of , in the Provincial District of , in the Colony of New Zealand, for a certificate from a Trust Commissioner.

I, , of , in the Provincial District of , in the Colony of New Zealand, an aboriginal native, do solemnly and sincerely declare,—

  1. That I am the named in a certain deed of , dated the day of , 18 , made between , produced and shown to me at the time of my making this declaration.

  2. That the statement in the Maori language of the effect of the said deed, certified as correct by , licensed interpreter, was indorsed on the deed, and was read over to me by the said interpreter [or by , licensed interpreter] before I signed the deed; and he at the same time orally explained to me the effect of the deed.

  3. That no spirituous liquors, arms, or warlike stores formed the consideration, or part of the consideration, for the said deed, or are to be received by me.

  4. That the sum of has been duly paid to me by the as and for [my share of] the consideration of the said deed.

  5. That the land dealt with in the said deed of is not held in trust for the benefit of any Native community.

  6. That I have sufficient land left for my occupation and support, namely, acres at , and acres at .

  7. That I perfectly understand the nature of the said deed, as explained to me as aforesaid, and that I have no complaint to make regarding this transaction.

  8. That [Here state nature of title, whether Crown grant or otherwise].

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882,” and its amendments.

A.B.

Made and subscribed at , in the Provincial District of , in the Colony of New Zealand, this day of , in the year of our Lord 18 , before me, one of Her Majesty’s Justices of the Peace in and for the said colony, the same having been first read and translated to the declarant in my presence by , a licensed interpreter, when the declarant seemed perfectly to understand the same—C.D.

ALEX. WILLIS,
Clerk of the Executive Council.

———

Ross Recreation-ground brought under “The Public Domains Act, 1881.”

———

ONSLow, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-third day of January, 1890.

Present:

THE HONOURABLE E. MITCHELSON PRESIDING IN COUNCIL.

BY virtue of the powers and authorities vested in me by the twenty-fourth section of “The Public Reserves Act, 1881,” I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, do hereby order and declare that the reserve made for public recreation in the Land District of Westland, and known as the Ross Recreation-ground, and described in the Schedule hereto, shall be and the same is hereby brought under the operation of and declared to be subject to the provisions of “The Public Domains Act, 1881;” and such domain shall hereafter be managed, administered, and dealt with in manner directed by the said Act.

———

SCHEDULE.

ALL that parcel of land in the Land District of Westland, bounded on the north by Jones’s Creek Storm-channel, 750 links; on the east by Special Claim T747, 1050 links; and on the south-west by Special Claims T722 and T723, belonging to the Ross United Gold-mining Company, 1150 links; and containing by admeasurement 3 acres 3 roods 16 perches, more or less.

ALEX. WILLIS,
Clerk of the Executive Council.

———

Vesting a Reserve in Canterbury in Rakaia Road Board.

———

ONSLow, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-third day of January, 1890.

Present:

THE HONOURABLE E. MITCHELSON PRESIDING IN COUNCIL.

WHEREAS the land mentioned in the Schedule hereto was reserved for Road Board purposes: And whereas, in the opinion of the Governor, it is expedient to vest the said reserve in the Rakaia Road Board:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, and in exercise of the powers and authorities vested in him by the fourth section of “The Public Reserves Act, 1881,” doth hereby declare that, from and after the day of the date hereof, the said reserve shall become vested in the Rakaia Road Board, in trust, for Road Board purposes.

———

SCHEDULE.

ALL that parcel of land in the Land District of Canterbury, containing by admeasurement 19 acres and 32 perches, more



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1890, No 7





✨ LLM interpretation of page content

🪶 Additional Rules for Native Lands Frauds Prevention

🪶 Māori Affairs
13 February 1890
Native Lands Frauds Prevention Act, Rules, Trust Commissioner, Summons, Declarations
  • Christopher William Richmond, Judge of the Supreme Court
  • Alex. Willis, Clerk of the Executive Council

🗺️ Ross Recreation-ground Under Public Domains Act

🗺️ Lands, Settlement & Survey
23 January 1890
Public Reserves Act, Ross Recreation-ground, Westland, Land District
  • William Hillier, Earl of Onslow, Governor
  • Alex. Willis, Clerk of the Executive Council

🗺️ Vesting Reserve in Rakaia Road Board

🗺️ Lands, Settlement & Survey
23 January 1890
Public Reserves Act, Rakaia Road Board, Canterbury, Land District
  • William Hillier, Earl of Onslow, Governor
  • Alex. Willis, Clerk of the Executive Council