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THE NEW ZEALAND GAZETTE.
[No. 18

Rules and Regulations of the Native Land Court.

GLASGOW, Governor.

WHEREAS by "The Native Land Court Act, 1894," it
is enacted that the Chief Judge of the Native Land
Court may from time to time, with the approval of the
Governor in Council, make and prescribe rules of practice
and procedure and forms of proceedings in the various
matters in which jurisdiction is or may be conferred on the
said Court, and for regulating the sittings of the said
Court, and for fixing the fees to be paid under the said Act,
and the time and mode of payment, and for enforcing pay-
ment thereof:

Now, therefore, I, George Boulflower Davy, Chief Judge
of the said Court, for the purposes aforesaid, and each and
every of them, and in exercise of the power and authority
in that behalf vested in me by the hereinbefore-recited Act,
do hereby make the rules and regulations and prescribe the
forms of procedure following:—

RULES AND REGULATIONS.

In these rules,—

"The Act" means "The Native Land Court Act,
1894";

"District" means a district created for administrative
purposes under the said Act;

"Registrar" means the Registrar acting in and for such
district;

"Chief Surveyor" means the Chief Surveyor for the
district within which any land is situate;

"Approved plan" means a plan signed as "approved"
by the Chief Surveyor.

"Probate" includes letters of administration with will
annexed.

Unless inconsistent with the context, all other terms used
in the rules have the same signification as when used in the
Act.

Forms and Attestation.

1. The forms prescribed are those set forth in the Schedule
   hereto, and indicated by the corresponding numbers therein.
   The forms or any of them are to be used with such necessary
   variations as the case may require.

2. Every form or printed or written document of any kind
   signed by a Native for the purposes of the Court or of the
   Act, if not in the Maori language, must have indorsed there-
   on a certificate by a licensed interpreter that the contents of
   such document were fully explained to the Native before he
   signed the same.

3. Where the rules require that the signature to any
   application or other document shall be attested, such signa-
   ture must be attested by a Judge, Registrar, or Clerk of the
   Court, or by a Justice of the Peace, Solicitor of the Supreme
   Court, licensed interpreter, or Postmaster.

The Court.

4. The jurisdiction of the Court shall be exercised only
   in open Court at a sitting lawfully appointed. The jurisdiction
   of a Judge in respect of any matter referred to him for
   inquiry and determination or report shall be exercised in like
   manner.

Applications.

5. Unless otherwise provided, every proceeding shall be
   commenced by application in writing forwarded to or lodged
   with the Registrar of the district in which the land the
   subject thereof is situate, or to the Registrar of the district
   in which the applicant resides if such application be in
   respect of personal estate.

6. A register shall be kept by the Registrar in each dis-
   trict, in which shall be recorded all applications relating to
   matters within the jurisdiction of the Court, in such district.
   Each application shall be recorded as of the day on which
   the same is received, and all subsequent proceedings in the
   Court or in the Appellate Court in respect thereof shall also
   be recorded in the register.

7. Every application must be signed by the applicant or
   by his agent duly authorised in that behalf, and must, if the
   Registrar shall so require, be attested.

Investigation of Title.

8. An application for investigation of title shall be in
   Form No. 1. Such application, if made in respect of land
   which has not been surveyed, must be accompanied by an
   application to the Surveyor-General for authority to a
   surveyor to enter upon and survey the land for the purpose
   of such investigation.

9. If land in respect of which such application is made
   extends into more than one district, the Registrar to whom
   the application is forwarded shall communicate with the
   Chief Judge for the purpose of obtaining his decision as to
   the district in which such application shall be recorded. All
   subsequent records relating to such land shall be kept in the
   district in which the original application is recorded.

10. The Court may, on the application of the Surveyor-
    General, with the approval of the Minister (Form No. 2),
    proceed with the investigation of the title to any Native land
    upon any map or plan which the Surveyor-General shall
    tender for that purpose, and which the Court shall deem
    sufficient.

11. Except as in the next-preceding rule is provided, the
    Court shall not proceed with the investigation of the title to
    any Native land until it has before it an approved plan of
    the land the subject of the application.

12. The order of the Court on investigation of title upon an
    approved plan shall be in Form No. 3. An interim order, on
    a plan accepted under Rule 10, shall be in Form No. 4.

Partition.

13. An application for partition by Native owners may be
    in Form No. 5, and by a person other than a Native in Form
    No. 6.

14. Before the sitting of the Court to hear an application
    for partition it shall be the duty of the Registrar to ascer-
    tain what transactions (if any) have been registered in
    respect of such land, and to take care that the Court is duly
    informed thereof.

15. A partition order shall be in Form No. 7 or No. 8, as
    the case may require.

16. An order apportioning rent on partitioned land may be
    in Form No. 9, or separate orders may be made in respect of
    each parcel.

17. The Court may refuse to proceed with the further
    partition of any land until the survey of any former partition
    has been completed, and an approved plan thereof furnished
    to the Court.

18. No partition order shall be made in favour of any
    purchaser or transferee from a Native owner unless the deed
    or instrument upon which the claim for such partition order
    is based has been duly stamped, and a confirmation order,
    or Trust Commissioner's certificate having the effect of a
    confirmation order, indorsed thereon. If the land is subject
    to the Land Transfer Act such deed or instrument must also
    have been registered.

Relative Interests.

19. Applications for definition of relative interests shall be
    in Form No. 10.

20. An order declaring relative shares or interests in land
    shall be in Form No. 11.

21. It shall be the duty of the Court on every investigation
    of title or partition, and on determining any succession, to
    ascertain and define as part of such proceeding the relative
    interests in the land of the owners or successors.

22. Relative interests shall in all cases where it can con-
    veniently be done be expressed in shares or fractional parts
    of a share, the whole interest in the land being for that pur-
    pose expressed by the number of shares awarded.

Succession.

23. Applications by persons claiming as successors may be
    in Form No. 12 as to realty, and in Form No. 13 as to per-
    sonalty.

24. An order determining succession to real estate shall
    be in Form No. 14.

25. The Registrar shall attach to each application for suc-
    cession in respect of real estate a minute stating whether
    the deceased person appears upon the title as an owner,
    and, if so, for what relative interest, and whether as an
    original owner or by succession. Such minute shall also
    state whether any previous order has been made affecting
    the interest of such deceased owner.

26. When letters of administration of personal estate shall
    have been granted as hereinafter provided, the Court shall
    at the time of granting the same, or at any time thereafter,
    upon the application of the administrator or of any person
    claiming to be beneficially interested in such estate, inquire
    and determine who are the persons entitled as successors to
    the deceased person, and in what shares and proportions,
    and shall make its order accordingly in Form No. 15.

Probate and Administration.

27. Application to the Court for grant of probate or ad-
    ministration with will annexed may be made in Form No. 16.
    The applicant must at the time of lodging such application
    deposit with the Registrar the will in respect of which such
    application is made.

28. Notice of such application, and of the intention to
    hold an inquiry under section 46 of the Act, and of the time
    and place of such inquiry, shall, as soon as may be there-
    after, be published in the Gazette and Kahiti, the time fixed
    for such inquiry to be not less than one month from the
    date of the publication of such notice. The inquiry shall be
    held in open Court, with the assistance of an Assessor.

29. On the holding of such inquiry, the Court shall pro-
    ceed to deal with such application, and with all objections
    thereto; and if it shall appear to the Court that the will