Native Land Court Regulations




Mar. 19.] THE NEW ZEALAND GAZETTE. 487

(New Zealand, General.)

MY LORD,—

Referring to the seventh paragraph of my general despatch of the 28th ultimo, on the subject of trade, I have the honour to transmit to you, for your information and guidance, a copy of a letter which I have caused to be addressed to the Agent-General for New Zealand, requesting suggestions as to the form which the return of colonial export trade should ultimately take.

I have, &c.,

J. CHAMBERLAIN.

Governor, the Right Hon. the Earl of Glasgow, G.C.M.G., &c.

Downing Street, 31st December, 1895.

SIR,—

You will have observed from the seventh paragraph of Mr. Chamberlain’s despatch to the Governors of Colonies on the subject of trade that he has in contemplation a further despatch asking for a return of any products of the colonies of the British Empire which might advantageously be exported to the United Kingdom or other parts of the Empire, but do not at present find a sufficient market there, with any information in regard to quality, price, or freight which may be useful to British importers.

Before Mr. Chamberlain formulates such a despatch, and in order that he may have the best advice from each Colonial Government as to the form in which the contemplated return should be made, he desires me to ask you to be good enough to bring the matter before the Government of New Zealand, inviting them to carefully consider the subject themselves, and to bring it to the notice of the Chambers of Commerce of New Zealand.

I am to request you, when you have received the views and suggestions of your Ministry, to be good enough to transmit them to Mr. Chamberlain, with such observations as it may occur to you to offer upon the subject.

I am, &c.,

SELBORNE.

The Agent-General for New Zealand.

Additional Rules and Regulations of the Native Land Court.

WHEREAS by “The Native Land Court Act, 1894,” it is enacted that the Chief Judge of the 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 several matters in which jurisdiction is or may be conferred on the Court, and for fixing the fees to be paid under the said Act: And whereas by “The Native Land Laws Amendment, Act, 1895,” it is enacted that the said last-mentioned Act shall, so far as relates to the Native Land Court and the Native Appellate Court, be read with and as part of “The Native Land Court Act, 1894”: And whereas the Chief Judge of the said Court, in exercise of the power and authority aforesaid, with the approval of the Governor in Council, made and prescribed the rules and regulations, and prescribed the forms and fees, set forth in an Order of Council dated the nineteenth day of February, one thousand eight hundred and ninety-five: And whereas it is expedient to further exercise the power and authority aforesaid:

Now, therefore, I, George Boutflower Davy, Esquire, Chief Judge of the said Court, in exercise of the power and authority given to me by the hereinbefore-recited Acts, do hereby make the further rules and regulations, and prescribe the fees and forms of procedure, following, that is to say,—

Section 17, “Native Land Court Act, 1894.”

  1. Where an application for partition of any land has been notified to be dealt with at any sitting of the Court nothing in the regulations contained shall restrict the power of the Court at the same sitting, without any further application, to appoint successors to any owner deceased; or the Court may, on an application for definition of relative interests, proceed to partition the same land, or may, in any case, appoint a trustee for a minor: Provided that the same fees shall be payable as if such jurisdiction had been exercised in manner prescribed by the regulations.

  2. Nothing in the regulations contained shall restrict the power of the Court to make interlocutory orders in respect of any matter as to which the Court is empowered to make a final order.

Confirmation of Alienations.

  1. Before granting any certificate under section 55 of the Act the Judge shall satisfy himself that an application for confirmation has been lodged with the Registrar; and the same fees shall be payable in respect thereof as would be payable on an application for confirmation under section 53.

  2. Such application shall be in Form No. 30, except that the same shall be expressly stated to be made under the provisions of section 55, and shall be headed accordingly.

  3. Before granting such certificate, the Judge shall, in respect of the alienation intended to be thereby confirmed, make all inquiries which are directed to be made by the Court before confirming an alienation of the like nature.

  4. No such certificate shall be signed until after the expiration of fourteen days from the date of the publication in the Gazette and Kahiti of notice of the intention to grant such certificate. The Judge shall note on the application the fact of the granting of such certificate, and shall return the application to the Registrar.

  5. The Registrar may require any person lodging an application for confirmation to lodge at the same time the instrument in respect of which such application is made; and that before reception of such instrument there shall be indorsed thereon an order of confirmation or certificate in the prescribed form for signature by the Court or Judge.

  6. Notice under Rule 133 may be in Form No. 54 in the Schedule.

Orders.

  1. The period of three months prescribed by Rule No. 61 of the regulations of the 19th February, 1895, as the period to elapse from the date of any judgment before the signing and sealing of the order thereon, is hereby altered to two months from the date of the delivery of such judgment, or such other time as the Chief Judge shall direct.

  2. Rule No. 64 of the regulations of the 19th February, 1895, is hereby revoked. Rule No. 61 shall be read as if the words, “or, if notice of appeal has been given, until such appeal has been finally disposed of,” had been omitted therefrom.

  3. Where no fee is charged on the making of any order, the Clerk of the Court, in drawing up such order, shall take care that the words “No fee payable” are noted thereon.

  4. All orders made in exercise of jurisdiction under section 17 of the Act shall be expressed to be made under the provisions of that section, and shall be headed accordingly.

Probate.

  1. With every application for probate the applicant shall lodge with the Registrar the original will, and a translation thereof if in the Maori language, also two attested copies of the will and translation.

Remedies of Creditors.

  1. The procedure in respect of any inquiry under section 11 of “The Native Land Laws Amendment Act, 1895,” shall be the same, as nearly as may be, as the procedure for confirmation of alienations under section 53 of the Act.

  2. Where the Court, after such inquiry, has satisfied itself that it is right and proper that such right or remedy should be exercised, the Court may, without further inquiry, confirm any alienation by virtue thereof upon being satisfied that such alienation is not in contravention of section 9 of “The Native Land Laws Amendment Act, 1895.”

Notice of Sittings of the Court.

  1. In notifying applications for partition, or definition of relative interests, where several applications have been made in respect of the same land or personal estate, it shall be sufficient if any one of such applications be notified; but all such applications which have been received by the Regis-


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1896, No 19





✨ LLM interpretation of page content

🏭 Request for Suggestions on Trade Return Form

🏭 Trade, Customs & Industry
31 December 1895
Trade, Export, Colonial Products, Chambers of Commerce
  • J. Chamberlain
  • SELBORNE

🪶 Additional Rules and Regulations of the Native Land Court

🪶 Māori Affairs
Native Land Court, Regulations, Partition, Alienations, Probate
  • George Boutflower Davy, Esquire, Chief Judge of the Native Land Court