1566
THE NEW ZEALAND GAZETTE.
[No. 92

Additional Rules of the Native Land Court, made under “The Native Land (Validation of Titles) Act, 1892.”

GLASGOW, Governor.

WHEREAS by “The Native Land Court Act, 1886,” as amended by “The Native Land Court Act 1886 Amendment Act, 1888,” and “The Native Land Court Acts Amendment Act, 1889,” it is enacted that it shall be lawful for the Chief Judge of the Native Land Court, subject to the approval of the Governor in Council, from time to time to make rules for regulating the sittings, practice, forms, and procedure of the Court, and for the government of all persons acting under the said first-mentioned Act, and for fixing the fees to be paid under the said first-mentioned Act, the time and mode of payment, and for enforcing the payment thereof, and such rules from time to time by other rules to alter or revoke:

And whereas by “The Native Land (Validation of Titles) Act, 1892,” it is enacted that the said last-mentioned Act shall be read together with “The Native Land Court Act, 1886,” and the several Acts amending the same; and it is expedient that rules should be made in respect of the procedure to be observed under “The Native Land (Validation of Titles) Act, 1892:”

Now, therefore, I, Hugh Garden Seth-Smith, the Chief Judge of the said Court, do hereby, in exercise of the power and authority vested in me by the said Acts, make the rules following, which shall be read together with the rules of the Native Land Court dated the fourteenth day of March, one thousand eight hundred and ninety, and the sixth day of November, one thousand eight hundred and ninety:—

RULES.

107. In these rules “the said Act (1892)” shall mean “The Native Land (Validation of Titles) Act, 1892.”

108. All applications for inquiry under the said Act (1892) must be forwarded in duplicate to the Registrar of the Court in the District of Wellington, at his office in Wellington.

109. Each application must be in writing, and must be signed by the applicant, and have annexed thereto a translation in the Maori language, certified as correct by a licensed interpreter. Each application must describe the land by name or otherwise, and the district of the Registrar of the Native Land Court in which it is situate, and must contain the date of each deed, memorandum, or document in respect of which inquiry is applied for, and a short description of the contents thereof, together with the names of all persons who have, or are alleged to have, executed or signed the same.

110. It shall be the duty of the Registrar of the Court in the District of Wellington forthwith to cause such application to be printed in the New Zealand Gazette in the English language, and in the Kahiti in the Maori language; and, if the land mentioned in the said application is situate in the district of the Registrar of the Native Land Court of Auckland or Gisborne, the said Registrar of the District of Wellington shall forward one of the duplicate applications, together with copies for distribution of the Gazette or Kahiti, or of an extract therefrom, containing the application so printed as aforesaid, to the Registrar of the district in which such land is situate. The other duplicate application shall be recorded and retained in the office of the said Registrar of the District of Wellington.

111. It shall be the duty of the Registrar in whose district such land is situate to forward by post a copy of such Gazette or Kahiti, or extract as aforesaid, to each person who appears by such application to be interested in the subject-matter of the inquiry, and to all such other persons, if any, as appear by the records of the Court to have any interest in the land intended to be affected by the said application.

112. Subject to any special directions that may be given in any case, every notice of a sitting of the Court to hold an inquiry under the said Act (1892) shall be inserted in the Gazette in the English language, and in the Kahiti in the Maori language, not less than six clear weeks before the day appointed for the sitting of the Court as aforesaid, and copies of such Gazette or Kahiti, or extract therefrom, containing such notice, shall be forwarded to the same persons in the same manner as prescribed by Rule 111 for the forwarding of copies of applications.

113. If the inquiry is not held by the Chief Judge, it shall be the duty of the presiding Judge of the Court at the close of such inquiry to forward to the Chief Judge, at his office in Wellington, the evidence taken upon such inquiry, duly signed as required by section 5 of the said Act (1892), together with the certificate if such certificate be given, and the reason for refusing the certificate if such certificate be refused, and all deeds, documents, plans, or other exhibits that have been received in evidence.

114. Any application to the Chief Judge to refer any matter or question for further inquiry or for further consideration, in pursuance of section 14 of the said Act (1892), must be in writing, and must state the grounds upon which that application is made.

115. All notices or documents required by Rules 111 and 112 to be forwarded by post shall be forwarded by registered letter, and addressed to the person for whom the same is intended at his last known place of abode, unless a Judge of the Court shall, for good cause shown, direct that a notice be given in some other way.

116. A record shall be kept of the names of the persons to whom registered letters are forwarded in accordance with the provisions of these rules, together with the dates on which such letters are posted.

117. The fees set out in the Schedule of Fees hereto are hereby fixed as the fees to be paid upon proceedings taken under the said Act (1892).

SCHEDULE.

FEES.

On filing application for inquiry .. .. 1 0 0
Hearing in Court, per day, each party .. .. 1 0 0
On signing certificate .. .. .. 1 0 0

As witness my hand this second day of November, one thousand eight hundred and ninety-two.

H. G. SETH-SMITH, Chief Judge.

Approved in Council, 14th November, 1892.

ALEX. WILLIS,
Clerk of the Executive Council.

Notice of Intention to change the Purpose of a Portion of a Reserve at Westport.

GLASGOW, Governor.

WHEREAS by “The Public Reserves Act, 1881,” it is, amongst other things, enacted that the Governor may declare his intention to make, change, exchange, or alter the dedication of any public reserve now or hereafter vested in Her Majesty or the Governor for any of the purposes named in Class II. of the Schedule to the said Act, whether the same be granted or not; and in the case of any reserves made under the authority of section two hundred and twenty-seven of “The Land Act, 1885,” if it shall, in the opinion of the Governor, be expedient to change the purpose of such reserves or any part thereof from the purpose or presumed purpose for which it was set apart to any other purpose, or if it shall, in the opinion of the Governor, be expedient to exchange any of the land comprised in such reserve for other land of equal value, to be dedicated to one or more purposes named in the said Class II., the Governor may, by notice in the Gazette, declare his intention to make such change, exchange, or dedication, as the case may be, and in such notice declare the manner and terms in which the same is intended to be so made:

Now, therefore, I, David, Earl of Glasgow, the Governor of the Colony of New Zealand, do hereby, in exercise and pursuance of the powers and authorities vested in me by “The Public Reserves Act, 1881,” aforesaid, declare my intention to change the specific purpose of the portion of the reserve described in the second column of the Schedule hereto from that named in the first column of the said Schedule to that named in the third column of the said Schedule respectively.

SCHEDULE.

As witness the hand of His Excellency the Governor, this second day of November, one thousand eight hundred and ninety-two.

JOHN McKENZIE,
Minister of Lands.