Land Court Regulations




Mar. 7.] THE NEW ZEALAND GAZETTE. 445

  1. Personal service may be effected by leaving with the
    witness a copy of the summons, sealed with the seal of the
    Court; but it shall not be necessary to show the original
    summons.

  2. The person effecting service of a summons shall for-
    ward the original summons to the Judge who signed the
    same, with a statement of the manner and of the time and
    place of service indorsed thereon, and signed by such person,
    with the addition of his place of residence.

  3. The expenses of witnesses summoned to attend may
    be allowed according to the scale in the Schedule. An order
    imposing penalty on a witness shall be in Form No. 40
    or No. 41.

Surveys.

  1. Surveys must be made in accordance with the regu-
    lations for the time being of the Survey Department, as
    modified by these regulations.

  2. All boundary-lines must be distinctly marked on the
    ground by lines cut through all vegetation above 2ft. in
    height.

  3. When triangulation is available for ascertaining dis-
    tances, 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. Swamps or terrace
    boundaries are inadmissible; they must be shown by right
    lines.

  4. 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 in-
    tersections; and the courses of all rivers, forest-margins,
    swamps, lakes, coast-lines, or other natural or artificial fea-
    tures must be sketched in for delineation in their proper
    position on the map.

  5. The native names of all boundaries or natural features
    within or pertaining to the block must be ascertained, to-
    gether with the names and position of adjacent lands, and
    shown on the map.

  6. All plans are to be drawn upon mounted paper, to the
    scales given in the regulations of the Survey Department;
    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 con-
    spicuously 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 land 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
    Form No. 42, or to that effect.

  7. Every plan signed as "approved" by the Chief
    Surveyor shall be taken to be in accordance with these
    regulations or with the regulations of the Survey Depart-
    ment for the time being, and shall be sufficient for the pur-
    poses of the Court.

Agents.

  1. No person other than a barrister or solicitor of the
    Supreme Court shall be allowed to appear in Court or to
    institute any proceeding on behalf of any other person unless
    licensed as hereinafter provided.

The foregoing rule shall not apply to any trustee acting in
his capacity as such, nor to any person whom the presiding
Judge may allow to appear and act on behalf of a wife,
child, or other near relative.

  1. A general license shall be in Form No. 43, and may
    be granted by the Chief Judge to any person whom he may
    consider a fit person to hold the same. Such license shall
    be annual on payment of £5 per annum, and shall expire
    on the 31st December in each year.

  2. A special license empowering the person named there-
    in to appear and act in any particular case may be granted
    by the Judge before whom such case is to be heard on pay-
    ment of £1.

  3. A list of all persons holding general licenses shall be
    kept in the office of the Registrar at Wellington, and shall
    be published from time to time in the Gazette and Kāhiti.

  4. Every license granted as aforesaid may, for just
    cause, be revoked at any time by the Chief Judge or by the
    Judge granting the same.

B

  1. Every person signing any application, notice, or other
    document, or instituting any proceeding as an agent, must
    file with the Registrar an authority in writing, signed by the
    person on whose behalf he claims to act. Such authority
    may be either general or in respect of some particular
    matter. A general authority will hold good until revoked by
    notice in writing to the Registrar.

  2. Every such authority signed or given by a Native must
    be in the Maori language, or must have indorsed thereon
    the certificate of a licensed interpreter, in accordance with
    Rule No. 2.

Fees.

  1. The fees set out in the Schedule are hereby fixed as
    the fees to be paid under the Act: Provided that if it shall
    appear to the satisfaction of the Judge that any person is
    unable to pay or ought not to be called upon to pay such
    fees, it shall be lawful for the Judge to dispense with the
    payment thereof, or of any part thereof, subject to such
    terms as the Judge shall think fit.

  2. The amount of any fee not remitted shall be a debt
    due to the Crown by such of the persons parties to the pro-
    ceeding or act in or for which the same accrued as the
    Court or a Judge may order, and shall be payable at such
    time as the Court or Judge may direct.

  3. The Court or Judge or the Registrar may decline to
    proceed in any case or to do any act in relation to land in
    respect of which fees are due for any former act done in
    relation to such land until such fees have been paid.

  4. The Judge signing any order shall note in the margin
    thereof the amount of fees accrued in the matter of such
    order, specifying such as have been paid.

  5. An account of all fees accrued in respect of matters
    coming before him shall be kept by the Clerk of the Court,
    who at the end of every month shall cause a copy of such
    account to be furnished to the Receiver-General, and another
    copy to the Registrar of the district in which such fees have
    accrued, specifying such as have been paid.

  6. No fees shall be charged against the Crown or any
    Department of the Government for anything done by the
    Court, or by any Judge or officer thereof.

Charges, Liens, &c.

  1. A charge under section 65 of the Act may be in
    Form No. 44. A certificate by the Court under section 67
    may be in Form No. 45. Certificates required by the Court
    for the purposes of sections 65 and 67 respectively may be
    in Forms Nos. 46 or 47, as the nature of the case may re-
    quire.

  2. In every case where the Court shall have made a
    charging-order under section 65 for moneys due to the Crown,
    the Court shall at the same time issue a certificate under
    section 67 for the amount secured by such order, which
    certificate it shall be the duty of the Clerk of the Court to
    forward by the first post to the Registrar for transmission to
    the District Land Registrar.

Miscellaneous.

  1. Non-compliance with any of the foregoing rules, or
    with any rule of practice for the time being in force, shall
    not render any proceeding void unless the Court shall so
    direct; but such proceeding may be set aside, either wholly
    or in part, as irregular, or amended, or otherwise dealt with,
    in such manner and upon such terms as the Court may think
    fit.

  2. The forms numbered 48 to 53, and all other forms (if
    any) in the schedule not specially referred to in the fore-
    going regulations, may be used in the cases indicated by
    the respective headings thereto. In cases for which no form
    is specially provided, the form to be used shall be such as the
    Chief Judge shall direct.

  3. Nothing in the foregoing rules shall revoke or alter
    any rules in force under "The Maori Real Estate Manage-
    ment Act, 1888."

  4. The rules and regulations of the Native Land Court,
    dated the 6th day of November, 1890, so far as relates to the
    grant of probate and letters of administration, shall remain
    in force as to the estates of persons who have died before
    the coming into operation of the Act, as if these rules had
    not been made.

Holidays.

  1. The following days shall be holidays in the Court and
    in the offices thereof: that is to say, the days from Good
    Friday to Easter Tuesday, both inclusive; the days from
    Christmas Eve to 6th January, both inclusive; the birthday
    of the reigning Sovereign; the birthday of His Royal
    Highness the Prince of Wales; and in each district the
    anniversary of the establishment of the province. Judges
    and officers of the Court at a distance from their homes
    will be allowed the necessary additional time to proceed to
    their homes at the Christmas vacation, and thereafter to
    return to their several stations.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1895, No 18





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🗺️ Regulations for Land Court Procedures (continued from previous page)

🗺️ Lands, Settlement & Survey
Land Court, Regulations, Procedures, Surveys, Agents, Fees, Charges, Holidays