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THE NEW ZEALAND GAZETTE.
[No. 10

Royal Commissions under the Provisions of “The Native Land Claims Adjustment and Laws Amendment Act, 1901.”

Native Minister’s Office, Wellington, 31st January, 1902.

THE following instruments appointing Commissioners under the provisions of sections 6, 7, 10, and 18 of “The Native Land Claims Adjustment and Laws Amendment Act, 1901,” are published for general information.

J. CARROLL,
Minister in Charge of Native Affairs.

Edward VII., by the grace of God, of the United Kingdom of Great Britain and Ireland King, Defender of the Faith.

To Hugh Garden Seth Smith, Esquire, Barrister, and Hone Heke and Alfred Levavasour Durell Fraser, Esquires, Members of the House of Representatives, and to all to whom these presents shall come: Greeting.

WHEREAS by section six of “The Native Land Claims Adjustment and Laws Amendment Act, 1901” (hereinafter called “the said Act”), it is enacted that it shall be lawful for the Governor by Order in Council to appoint a Royal Commission to investigate and decide the claims of Wiremu Karaka te Aho and others to a block of land known as Tauranganui or Opuatia, Nos. 11A, 16, 17, and 18 Blocks, as if the same had not been already heard and decided, and that pending such decision the Registrar of the Native Land Court of the district in which the said lands are situated is directed to impound the existing partition orders:

And whereas by section seven of the said Act it is also enacted that, to give effect to the report of the Native Affairs Committee of the House of Representatives upon the petition of Teni Tuhakaraina and others, the said Royal Commission is further authorised and empowered to rehear and determine who are the Natives (if any), in addition to those named in the original titles, beneficially entitled to certain blocks of land situate in the Piako Survey District, known as Maungatapu and Te Au o Waikato Blocks, and for the purpose aforesaid to order the cancellation or amendment of any existing order, and the issue of such fresh orders and other instruments of title as may be necessary:

And whereas by section fifty-one of the said Act it is also enacted that every order made by a Royal Commission under the provisions of the said Act shall be deemed to be an order of the Native Appellate Court, and shall, on being assented to by the Chief Judge of the Native Land Court, have effect given to it accordingly:

And whereas it appears expedient that these presents should issue:

Know ye, therefore, that I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred upon me by the said Act, and of all other powers and authorities enabling me in this behalf, and acting by and with the advice and consent of the Executive Council of the said colony, do hereby appoint you, the said Hugh Garden Seth Smith, Hone Heke, and Alfred Levavasour Durell Fraser, to be a Commission for the purpose of investigating and deciding the said recited claims of Wiremu Karaka te Aho and others, and also of rehearing and determining the ownership of the said recited blocks of land situated in the Piako Survey District aforesaid, and generally with respect to all such investigations, inquiries, and orders as are necessary to carry out and give effect to the provisions of the said Act touching and concerning the premises.

And, further, I do hereby appoint the said Hugh Garden Seth Smith to be Chairman of this Commission.

And for the better enabling you to carry these presents into effect you are hereby authorised and empowered to make and conduct any inquiry hereunder at such place or places in the said colony as you may deem expedient, and to call before you and examine on oath or otherwise, as may be allowed by law, such person or persons as you may think capable of affording you information in the premises; and you are hereby empowered to call for and examine all such books, documents, papers, maps, plans, accounts, or records as you shall judge likely to afford you information on the subject of this Commission, and to inquire of any person concerning the premises by all other lawful ways and means whatsoever.

And, using all diligence, you are required to transmit to me under your hands and seals your decisions, orders, and opinions resulting from such investigations and inquiries not later than the thirtieth day of June, one thousand nine hundred and two, or such extended date as may be appointed in that behalf.

And it is hereby declared that this Commission shall continue in full force and virtue although the inquiry be not regularly continued from time to time by adjournment; and that you and any two of you shall and may from time to time proceed to the execution thereof and of every power, matter, or thing herein contained.

And, lastly, it is hereby declared that this Commission is issued under and subject to the provisions of “The Commissioners’ Powers Act, 1867,” and “The Commissioners’ Powers Act 1867 Amendment Act, 1872.”

In witness whereof I have hereunto set my hand, and caused these presents to be issued under the seal of the said colony, at Wellington, this thirty-first day of January, in the year of our Lord one thousand nine hundred and two.

Witness our Right Trusty and Right Well-beloved Cousin Uchter John Mark, Earl of Ranfurly, Knight Grand Cross of our Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over our Colony of New Zealand.

RANFURLY, Governor.

By His Excellency’s command.

J. CARROLL,
Minister in Charge of Native Affairs.

Approved in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

GOD SAVE THE KING!

Edward VII., by the grace of God, of the United Kingdom of Great Britain and Ireland King, Defender of the Faith.

To Hugh Garden Seth Smith, Esquire, Barrister, and Hone Heke and Alfred Levavasour Durell Fraser, Esquires, Members of the House of Representatives, and to all to whom these presents shall come: Greeting.

WHEREAS by section ten of “The Native Land Claims Adjustment and Laws Amendment Act, 1901” (hereinafter called “the said Act”), it is enacted as follows: “Whereas the Native Affairs Committee of the House of Representatives has recommended that effect be given to their report bearing date the eleventh day of September, one thousand nine hundred, on the petition of Kahu Huatare in reference to the granting of probate of the will of Wahanui Huatare by the Native Appellate Court: Be it therefore enacted as follows: Any person claiming an interest in the estate of the said Wahanui Huatare may, within two months after the coming into operation of this Act, appeal from the order of the Native Land Court granting probate of the said will; and, if such appeal be lodged, it shall be lawful for the Governor by Order in Council to appoint a Royal Commission which shall have jurisdiction to hear and determine the same as if no appeal from the said decision had been already heard and determined: Provided that before the said Royal Commission shall proceed to hear and determine the case the appellants shall lodge with the Registrar of the Native Land Court a sum of money which in the opinion of the Chief Judge of the said Court shall be sufficient to cover the costs of the respondents in case the finding of the Royal Commission shall be in their favour”:

And whereas by section fifty-one of the said Act it is also enacted that every order made by a Royal Commission under the provisions of the said Act shall be deemed to be an order of the Native Appellate Court, and shall, on being assented to by the Chief Judge of the Native Land Court, have effect given to it accordingly:

And whereas an appeal from the order of the Native Land Court granting probate of the said will has been duly lodged, and a sum of money has also been lodged with the Registrar of the Native Land Court at Auckland as security for the costs of the respondents in case the finding of this Commission should be in their favour:

And whereas it appears expedient that these presents should issue:

Know ye, therefore, that I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred upon me by the said Act, and of all other powers and authorities enabling