✨ Land Court Regulations
Mar. 7.] THE NEW ZEALAND GAZETTE. 445
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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. -
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. -
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.
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Surveys must be made in accordance with the regu-
lations for the time being of the Survey Department, as
modified by these regulations. -
All boundary-lines must be distinctly marked on the
ground by lines cut through all vegetation above 2ft. in
height. -
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. -
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. -
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. -
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. -
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.
- 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.
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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. -
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. -
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. -
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
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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. -
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.
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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. -
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. -
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. -
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. -
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. -
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.
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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. -
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.
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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. -
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. -
Nothing in the foregoing rules shall revoke or alter
any rules in force under "The Maori Real Estate Manage-
ment Act, 1888." -
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.
- 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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Regulations for Land Court Procedures
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🗺️ Lands, Settlement & SurveyLand Court, Regulations, Procedures, Surveys, Agents, Fees, Charges, Holidays
NZ Gazette 1895, No 18