✨ Rules for Native Land Court
Mar. 1. ]
printed Maori copy of the application to every native against
whom relief is sought, to the address of such native given
to him by the Applicant, or, if any such native be ceased,
then to his Successors, if any have been appoited by the
Natives Land Court, or, if there be no Successors, then to
the next known relative among the owners in the block.
The registrar shall then attach to the original application a
Statement signed by him showing which of the Natives
Against whose interests relief is sought have had copies
duly posted to them, the addresses to which they were directed,
and the date and place of the post, and also showing
which of the said Natives have not had copies posted to
the.
-
The registrar shall also send by post a printd Eng-
lish copy of the said application to each name and address
giver to him by the Applicant as the true name, and the
address or last known place of abode in New zealand,
of each European named in the application whose interest in
or claim to any of the lands named in the application the
applicant seek to have bound by the decree of the Court.
The registrar shall attach to the original application a
Statement signed by him showing to which of the said
europeans he has so posted a printd copy and to which
europeans he has not posted a copy, and also showing the
date and place of each post. -
The judge may at any time order copies of any applica-
tions to be served upon the Maoris or europeans interested,
or any of them, in some other manner than that provided in
this rules, in all cases where he is satified that the pre-
scribred mode of service cannot be given effect to, or would
not be effectual. -
The registrar may at any time of his own motion,
and shall when so required by the judge, specially certify to
the judge what steps he has taken to bring any particular
application to the knowledge of the Natives and europeans
interested, and what cause, if any, may have preventd or
renderd doubtfull such knowledge reaing such Natives
and europeans.
Amendment by adding Objectors.
- At any time before final decree the judge may order
any application to be ammended by adding to it the name of
any party whose interests out to be bound by the decree
of the Court, and may order service of such application to be
mde in such manner as he shall think reasonable, or may
order substituted service or publicaion in lieu of service;
and thencefor the person so added shall be deemd a
party to the proceedngs, and may be included in the decree
of the Court, or be otherwise bound by the proceedngs as
if he had been originally named in the application.
Default of Appearance by Objectors.
- When any objector shall fail to appear before the
courts, the Applicant can file an affidavit showing the name
of the defaulting party, and the steps taken (if any) to bring
the application to his knowledge, or showing why, from
dead of the objector, his absense from the country, or any
other cause, the registrar acting for the Applicant was not
able to effect service or bring the said application to his knowl-
edge; and thereupon the judge may either proceed with
the case notwithstandng the absense of any objector who
has not appeared, or may direct such steps to be taken,
either by the Applicant, or by the registrar at the Applicant's
expense, as he may think likely to bring the said applica-
tions to the knowledge of the objector, or of those who
represent his interests. The judge shall not be required to
make any final decree until he is satified that all objectors
who can be reached by the process of the Court, and who
hve substantial interests to defend, have had a fair oppor-
tunity affored to defend them.
Crass relief.
-
Any person who shall deeme himself entitld to relief in
respt of land or any part of the land already the subject
of an application by some other person, may file an applica-
ton in manner hereinbefore described, and the judge may
settle the order in which the different applications repecting
the same land shall be heard, or he may direct that all or
some of them may be heard as one proceeding, and in that
case may determine who shall be treated as the Applicant
havng the right to begin and to reply, and who shall be
treated as objectors; and the court shall have power in such
proceedings to make all such orders and decrees as shall
decide finally and for ever all the disputed rights and claims
set up by the parties in their resptive applications. -
All applications for cross relief by parties named as
objectors in an application already filed shall be lodg for
filing within thity days after the flling of such original
application, or within such further time as may be allowed by
the judge.
If no application for cross relief be dly filed, and the
courts shall consequently grant to some other person or
person a title barring or destroyng the alleged interest of
the person who so neglected to apply for cross relief, he shall
neverthless be bound by the decision of the court.
B
Service of Notices, &c., on Objectors.
- Every objector who appears before the Court shall
forwith after appearance lodge with the registrar of the
Cout written notice, naming some place in the town where
the registrar's office are situate, where notices, orders,
and other documents may be served upon such objector by
leaving same at such place for him; and such service, if
mde at any time between 10 a.m. and 5 p.m., shall be
deed good service upon such objector on the day on
which it is made, unless the judge shall otherwise direct.
until such notice naming a place for service be given to
the registrar and to the Applicant, all notices of motion and
of appeal, and all other documents requring to be served
upon such objector by his opponent or by the Court, may be
served by leaving same with the registrar of the Court, who
mey forwith post the same to the address of the objector (if
any) given in the application, the Applicant paying to such
registrar the cost of post together with one shilling for
expenses of clerical assistance in post and recording.
Any objector neglecting to lodge with the registrar a
notce naming a place for service as aforesaid shall not be
entitled to object to any proceedngs taken before the
court, or to orders made in his absense, on the ground that
he had not received sufficient notice of the intended pro-
ceedings, or that the notice or other document posted to him
could not in due course of post reach him in time.
Witnesses' Subpoenae, and evidence by Commission.
-
For the purpose of service of a subpoea or sumons
to attend as a witness, no part of the Coloney of New Zea-
land shall be deemd beyond the jursdiction of the Court
and of its judge. -
Witnesses resdent within two hundred miles of the
place where the Court is held may be summoned to attend
the Court in the form set forth in the First schedule, or in
suh other form as special circumstances may require.
each subpoea may include the names of four wit-
esses. It may require any witness named to produce
documents in his possesion or power, descrbing them. A
copy subpoea must be served personally unless the judge
shll direct service in any other way. The original sub-
poea need not be shown. -
Any witness so summoned who shall, without just
cause, willfully dis obey the subpoea shall be guilty of con-
temt of Court, and any party aggrieved through his contemt
mey require him to show cause before the Court why he
should not be committed to prison for his contemt, and
why he should not pay to said aggrieved party such loss or
damage as that party may have sustaned through the com-
mission of the contemt aforesaid. -
If any person present in Court, whether attening on
subpoea or otherwise, shall refues to be sworn as a witness,
orto give evidence, or to answer any question declared by
the judge to be a lawful question, or to produce to the Court
any document in his cisty or power, or which was in his
custody or power at the time of service of subpoea upon
him, and which document the Court has declared he ough
to produce, or if any person shall willfully, for the purpose of
evading production, conceal any document or cause it to be
set for such purpose of evas on beyond the jursdiction of
the Court, or shall refues to sign the correct record of his
own evidence made under rules 48 and 49, he shall be guilty
of contemt of Court, and may be summoned to show cause
why he should not be committed to prison for his contemt,
and why he should not pay to the party aggrieved such loss
or damage as that party may have sustaned through the
commision of such contemt. -
If it shall appear to the Court that a contemt of its
process as aforesaid has been committed willfully and with-
out just excus, the said witness so summoned to show
cause as aforesaid may be ordered by the Court to pay to
suh aggrieved party the damage which it shall appear to
the Court he has sustaned, and the Court may also impos
suh witness for his said contemt for any term not exceed-
ing fourteen days, or impos a fine, payble to her magesy,
not exceedng £10. Such fine shall be paid in the first
instance to the Clerk of the Court, who shall account for it
as public money in the same manner as he shall account
for hearing and other fees of the Court. -
No witness resdent more than three miles from the
place where his attenance is required shall be bound to
attend on his subpoea unless the reasonable cost of his at-
tendence on the scale set forth in the second schedule shall
hve been first paid or tndered to him in current coin of
the ream.
Comission to exaimne Witnesses.
- The judge may, at any time during the progress of a
cause up to final decree, make an order for the exa mination of
any witness upon oth or otherwise before any person acting
as commisioner at any place within the coloney, and may
order the de positions of such witness to be filed in the Court,
and permit the same or any part thereof to be used as
evidenc
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✨ LLM interpretation of page content
🪶 Rules for Service of Applications and Notices
🪶 Māori AffairsNative Land Court, Service, Applications, Notices, Objectors, Witnesses, Subpoenas, Contempt
NZ Gazette 1894, No 16