2338
THE NEW ZEALAND GAZETTE.
No. 103

NATIVE LAND COURT NOTICES.

Order under Section 39 of “The Native Land Court Act, 1894.”

In the matter of “The Native Land Court Act, 1894”; and in the matter of the block of land known as the Pahiatua Native Reserve.

Before George Boutflower Davy, Esquire, Chief Judge of the Native Land Court, sitting under the authority conferred by section 39 of “The Native Land Court Act, 1894.”

WHEREAS by an order made by William James Butler, Esquire, Judge of the Native Land Court, in the matter of “The Native Land Court Act, 1894,” and in the matter of Huru te Hiaro, deceased, on the 4th day of April, 1895, administration of the estate, effects, and credits of the said Huru te Hiaro was granted to Nireaha Tamaki, Maihi Hangina, and Karepa Waata, as executors of the last will and testament of the said Huru te Hiaro: And whereas, at a sitting of the Native Land Court held at Woodville on the 8th day of June, 1896, before the said William James Butler, Esquire, Judge, and Wi Neera te Kanae, Assessor, it was, by the order of the Court, determined that Nireaha Tamaki, Wera Pinetu, and Hetariki Matao, aboriginal natives, were the persons entitled to succeed to the estate, share, and interest in the said land whereto the said Huru te Hiaro died entitled; and by the said order it was ordered that the said share or interest should vest in the said successors in the proportions set out after the name of each respectively in the said order: And whereas, by an order of the Native Land Court dated the 12th day of May, 1899, George Harold Smith was appointed executor of the will of the said Huru te Hiaro in place of the said Nireaha Tamaki, Maihi Hangina, and Karepa Waata: And whereas, under the provisions of section 39 aforesaid, application in writing has been made to me as Chief Judge by Maata Apirana claiming as devisee under the said will, and by the said George Harold Smith as executor thereof, and by Karepa Waata claiming as a devisee under the will of Rihi Huapango, who was a devisee under the will of Huru te Hiaro, for an order declaring that the said succession order of the 8th day of June, 1896, is invalid on the ground that at the time of making the same the Court decided a point of law erroneously in that the said Court determined the interest of the said Huru te Hiaro in the said land did not pass under his said will by reason of the restrictions against alienation contained in the title to the said land, and on the further ground that, unless the said Court had so decided, the succession order of the 8th day of June, 1896, would not have been made: And whereas I, the said Chief Judge, sitting as aforesaid, have investigated the matter of the said application, and, having heard counsel for the said applicants and counsel for all persons claiming under the said succession order, and after taking evidence on oath and being satisfied of the matters aforesaid, have determined that at the time of the making of the said order of the 8th day of June, 1896, the said Court had decided the above-mentioned point of law erroneously, and would not have made the said succession order had it not so erroneously decided:

Now, therefore, for the purpose of remedying the said mistake, and in exercise of the power in that behalf vested in me by section 39 aforesaid, I hereby order that the said succession order of the 8th day of June, 1896, be and the same is hereby annulled.

As witness my hand, this 1st day of November, 1901.

GEO. B. DAVY,
Chief Judge of the Native Land Court of New Zealand.

Order under Section 39 of “The Native Land Court Act, 1894.”

In the matter of “The Native Land Court Act, 1894”; and in the matter of the block of land known as Mangatainoka 1B, C, No. 2.

Before George Boutflower Davy, Esquire, Chief Judge of the Native Land Court, sitting under the authority conferred by section 39 of “The Native Land Court Act, 1894.”

WHEREAS by an order made by William James Butler, Esquire, Judge of the Native Land Court, in the matter of “The Native Land Court Act, 1894,” and in the matter of Huru te Hiaro, deceased, on the 4th day of April, 1895, administration of the estate, effects, and credits of the said Huru te Hiaro was granted to Nireaha Tamaki, Maihi Hangina, and Karepa Waata, as executors of the last will and testament of the said Huru te Hiaro: And whereas, at a sitting of the Native Land Court held at Woodville on the 25th day of February, 1896, before the said William James Butler, Esquire, Judge, and Takarangi Mete Kingi, Assessor, it was by the order of the Court determined that Maihi Hangina, Hetariki Matao, Tiweta Whatahoro, Maata Apirana, and Wera Pinetu, aboriginal natives, were the persons entitled to succeed to the estate, share, and interest in the said land whereto the said Huru te Hiaro died entitled; and by the said order it was ordered that the said share or interest should vest in the said successors in the proportions set out after the name of each respectively in the said order: And whereas, by an order of the Native Land Court dated the 12th day of May, 1899, George Harold Smith was appointed executor of the will of the said Huru te Hiaro in the place of the said Nireaha Tamaki, Maihi Hangina, and Karepa Waata: And whereas, under the provisions of section 39 aforesaid, application in writing has been made to me as Chief Judge by Karepa Waata, claiming as devisee under the said will, and by the said George Harold Smith as executor thereof, for an order declaring that the said succession order of the 25th day of February, 1896, is invalid on the ground that at the time of making the same the Court decided a point of law erroneously, in that the said Court determined that the interest of the said Huru te Hiaro in the said land did not pass under his said will by reason of the restriction against alienation contained in the title to the said land, and on the further ground that, unless the said Court had so decided, the said succession order of the 25th day of February, 1896, would not have been made: And whereas I, the said Chief Judge, sitting as aforesaid, have investigated the matter of the said applications, and, having heard counsel for the said applicants and counsel for all persons claiming under the said succession order, and after taking evidence on oath and being satisfied of the matters aforesaid, have determined that at the time of making the said order of the 25th day of February, 1896, the said Court had decided the above-mentioned point of law erroneously, and would not have made the said succession order had it not so erroneously decided:

Now, therefore, for the purpose of remedying the said mistake, and in exercise of the power in that behalf vested in me by section 39 aforesaid, I hereby order that the said succession order of the 25th day of February, 1896, be and the same is hereby annulled.

As witness my hand, this 1st day of November, 1901.

GEO. B. DAVY,
Chief Judge of the Native Land Court of New Zealand.

Order under Section 39 of “The Native Land Court Act, 1894.”

In the matter of “The Native Land Court Act, 1894”; and in the matter of the block of land known as Mangatainoka J No. 4.

Before George Boutflower Davy, Esquire, Chief Judge of the Native Land Court, sitting under the authority conferred by section 39 of “The Native Land Court Act, 1894.”

WHEREAS by an order made by William James Butler, Esquire, Judge of the Native Land Court, in the matter of “The Native Land Court Act, 1894,” and in the matter of Huru te Hiaro, deceased, on the 4th day of April, 1895, administration of the estate, effects, and credits of the said Huru te Hiaro was granted to Nireaha Tamaki, Maihi Hangina, and Karepa Waata, as executors of the last will and testament of the said Huru te Hiaro: And whereas, at a sitting of the Native Land Court held at Woodville on the 8th day of June, 1896, before the said William James Butler, Esquire, Judge, and Wi Neera te Kanae, Assessor, it was, by the order of the Court, determined that Nireaha Tamaki, Tiweta Whatahoro, Maata Apirana, and Maihi Hangina, aboriginal natives, were the persons entitled to succeed to the estate, share, and interest in the said land whereto the said Huru te Hiaro died entitled; and by the said order it was ordered that the said share or interest should vest in the said successors in the proportions set out after the name of each respectively in the said order: And whereas, by an order of the Native Land Court dated the 12th day of May, 1899, George Harold Smith was appointed executor of the will of the said Huru te Hiaro in place of the said Nireaha Tamaki, Maihi Hangina, and Karepa Waata: And whereas, under the provisions of section 39 aforesaid, application in writing has been made to me as Chief Judge by Karepa Waata and Maata Apirana, claiming as devisees under the said will, and by the said George Harold Smith as executor thereof, for an order declaring that the said succession order of the 8th day of June, 1896, is invalid on the ground that at the time of making the same the Court decided a point of law erroneously in