Native Appellate Court Rules and Notices




JAN. 10.] THE NEW ZEALAND GAZETTE. 59

  1. On the hearing of the appeal the appellant shall,
    except by leave of the Court, be restricted to the evidence
    given on the hearing in respect of which the appeal is insti-
    tuted: Provided that the Court may, in its discretion, allow
    any evidence to be adduced in support of such appeal which
    may, in the opinion of the Court, assist the Court to come to
    a just decision upon the matters at issue.

  2. The respondent shall in like manner, except by leave of
    the Court, be restricted to the evidence given on the original
    hearing, and to evidence to explain or rebut any new evidence
    admitted on behalf of the appellant.

  3. The evidence given in any former proceeding shall be
    proved by the record-books of the Court, and no other evi-
    dence thereof shall, except by leave of the Court, be ad-
    mitted.

  4. The Court shall, on the hearing of the appeal, decide
    what sum, if any, in addition to the ordinary fees of the
    Court, shall be payable by the appellant for the costs of the
    Court in respect of such appeal, and the Registrar shall pay
    the same into the Public Account out of the amount
    deposited with him as security for costs as aforesaid. The
    residue, if any, of such deposit may be refunded to the
    depositor or awarded as costs to the opposite party, as the
    Court shall direct, and the Registrar shall make payment
    accordingly.

  5. In case of withdrawal of any appeal, the Chief Judge
    may order that the amount deposited be refunded to the
    depositor, or may order that any portion thereof be retained
    and paid into the Public Account for costs incurred, and the
    Registrar shall make payment accordingly.

  6. The order of the Court on an appeal may be in form
    numbered 3 in the Schedule, or as near thereto as the nature
    of the case will admit.

  7. An order adjourning the Court before the commence-
    ment of a sitting shall be in the form numbered 4 in the
    Schedule.

  8. With the view of promoting uniformity in the decisions
    of the Court the Judges shall report to the Chief Judge all
    decisions on appeals raised on specific points of law or ques-
    tions of Native custom, and shall forward to the Chief Judge
    copies of all cases submitted for the decision of the Supreme
    Court under section 92 of the Act, and of the decisions
    thereon.

  9. The judgment of the Court on any appeal, if put in
    writing and signed by the Judges hearing such appeal, may
    be delivered by any Judge of the Court at such time and
    place as may be convenient.

  10. Subject as aforesaid, all the rules and regulations of
    the Native Land Court in force for the time being shall, so
    far as the same are applicable, apply to the Native
    Appellate Court, and shall regulate the practice and pro-
    cedure thereof, and the fees to be taken in respect of any
    proceeding therein.

The Schedule.

Form No. 1.—Order appointing a Sitting of the Court.
I, Chief Judge of the Native Land Court, in exercise
of the power in that behalf vested in me by section 88 of
"The Native Land Court Act, 1894," hereby appoint a
sitting of the Native Appellate Court, as constituted by
the said Act, to be held at , on the day
of , 18 .
As witness my hand, this day of , 18 .
Chief Judge.

Form No. 2.—Order under Section 85 of "The Native
Land Court Act, 1894."
In the Native Appellate Court of New Zealand.
WHEREAS has lodged notice of appeal from a decision
of the Native Land Court [or of , Esq., a Judge of
the Court], in the matter of , which decision was
given at , on the day of , 18 : I
hereby, under section 85 of "The Native Land Court Act,
1894," order that the sum of be deposited by the
appellant with the Registrar of the Court for the
District as security for the costs of such appeal, within
from the date of this order.
As witness my hand, this day of , 18 .
Judge.

Form No. 3.—Order on Appeal.
In the Native Appellate Court of New Zealand.
In the matter of a decision of the Native Land Court [or
of , Esq., a Judge of the Native Land Court],
given the day of , 18 , upon [State
nature of proceeding, and of decision appealed from],
and of the appeal of [and others] therefrom.
At a sitting of the Native Appellate Court held at
on the day of , 18 , before and
, Esqs., two of the Judges of the said Appellate
Court, upon hearing the appellant and the persons interested
in supporting the said decision, or such of the said parties
respectively as appeared and claimed to be heard on the
hearing of the said appeal, and the Court having before it the
record of the proceedings in the Native Land Court in the
matter of the said [investigation of title, or as the case may
be], and of the decision appealed from, it is ordered that
the said decision be, and the same is, hereby affirmed [or
that the Native Land Court do revoke (or vary) the said de-
cision, and, in lieu thereof, give the decision following—that
is to say].

And it is further ordered that the sum of be paid
into the Public Account out of the amount deposited as
security for costs of this appeal, and that the residue of the
amount so deposited be paid to [respondents] on account of
costs incurred by them in the matter thereof [or be refunded
to the depositor].

As witness the hands of the said and , and
the seal of the Court, this day of , 18 .
Judge.
Judge.

Form No. 4.—Adjournment of Sitting.
WHEREAS a sitting of the Native Appellate Court, as con-
stituted by "The Native Land Court Act, 1894," was ap-
pointed to be held at on the day of
18 , which sitting was subsequently adjourned to, and
now stands appointed for, the day of , at the
same place: Now, therefore, I, , Chief Judge of the
Native Land Court, in exercise of the power enabling me in
that behalf under section 88 of the said Act, hereby order
that the said sitting be adjourned [or further adjourned] to
the day of , 18 , at aforesaid.

As witness my hand, this day of , 18 .
Chief Judge.

Dated at Wellington, this 19th day of December, 1894.

G. B. DAVY,
Chief Judge.

Approved in Council,

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Notice of Inquiry under Section 118 of "The Native Land
Court Act, 1894."

WHEREAS John Davies Ormond, of Napier, sheep-
farm er, a person claiming to have purchased
from certain of the Native owners shares or interests in
the Mangangarara Block, and to have been prior to the
date of the passing of "The Native Land Court Act,
1894," in negotiation for the purchase of the share or
interest of the deceased Atareta Taupo therein, has noti-
fied such claim to the Chief Judge of the Native Land
Court, and to the Commissioner of Crown Lands for the
Napier District, and has requested that an inquiry into the
circumstances thereof may be held as provided by section
118 of the said Act: And whereas the Chief Judge has re-
ferred the said claim to Herbert Frank Edger, Esquire, a
Judge of the Native Land Court, for inquiry as aforesaid: I
hereby give notice that such inquiry will be held at the
Native Land Court House, Hastings, on the 26th day of
January, 1895, at 10 a.m.

Dated at Wellington, this 8th day of January, 1895.

H. DUNBAR JOHNSON,
Registrar.

Notice of Inquiry under Section 118 of "The Native Land
Court Act, 1894."

WHEREAS John Davies Ormond, of Napier, sheep-
farm er, a person claiming to have purchased
from certain of the Native owners shares or interests in
the Mangangarara Block, and to have been prior to the
date of the passing of "The Native Land Court Act, 1894," in
negotiation for the lease of certain other shares or in-
terests therein, has notified such claim to the Chief Judge
of the Native Land Court, and to the Commissioner of Crown
Lands for the Napier District, and has requested that an
inquiry into the circumstances thereof may be held as pro-
vided by section 118 of the said Act: And whereas the
Chief Judge has referred the said claim to Herbert Frank
Edger, Esquire, a Judge of the Native Land Court, for in-
quiry as aforesaid: I hereby give notice that such inquiry
will be held at the Native Land Court House, Hastings, on
the 26th day of January, 1895, at 10 a.m.

Dated at Wellington, this 8th day of January, 1895.

H. DUNBAR JOHNSON,
Registrar.



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⚖️ Rules and Regulations of the Native Appellate Court (continued from previous page)

⚖️ Justice & Law Enforcement
19 December 1894
Native Land Court, Appellate Court, Rules, Regulations, Appeals
  • G. B. Davy, Chief Judge
  • J. F. Andrews, Acting Clerk of the Executive Council

⚖️ Notice of Inquiry under Section 118 of 'The Native Land Court Act, 1894'

⚖️ Justice & Law Enforcement
8 January 1895
Native Land Court, Inquiry, Section 118, Claim, Purchase, Lease
  • John Davies Ormond, Claiming purchase of shares
  • Atareta Taupo, Deceased Native owner

  • H. Dunbar Johnson, Registrar
  • Herbert Frank Edger, Esquire, Judge of the Native Land Court

⚖️ Notice of Inquiry under Section 118 of 'The Native Land Court Act, 1894'

⚖️ Justice & Law Enforcement
8 January 1895
Native Land Court, Inquiry, Section 118, Claim, Purchase, Lease
  • John Davies Ormond, Claiming purchase of shares

  • H. Dunbar Johnson, Registrar
  • Herbert Frank Edger, Esquire, Judge of the Native Land Court