3264
THE NEW ZEALAND GAZETTE.
[No. 109

persons named in such order, all powers and jurisdiction necessary or expedient to enable the Court or such person or persons to carry out and give effect to an agreement or arrangement made by and among the plaintiffs in the action or suit number 818 in the Supreme Court of New Zealand, Wellington District, held at Napier, for ascertaining and determining the names of the owners of, or persons entitled to, and the relative share or interest of each of them in, that parcel of land situate in the Provincial District of Hawke's Bay known as Pakowhai, or such part of the said parcel of land as is now vested in the Venerable Samuel Williams, of Te Aute, on behalf of such plaintiffs and other aboriginal Natives of New Zealand:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and under the authority of the above-recited section fourteen, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby confer upon the Native Land Court all powers and jurisdiction necessary or expedient to enable the said Court to ascertain and determine the several matters referred to in the above-recited section fourteen, and to make order accordingly.

ALEX. WILLIS,
Clerk of the Executive Council.

Empowering Native Appellate Court to hear Appeal under Section 62 of “The Native Land Laws Amendment Act, 1895.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth day of December, 1906.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section sixty-two of “The Native Land Laws Amendment Act, 1895,” it is provided that in any case in which application has been or shall be made to the Chief Judge of the Native Land Court, under section thirty-nine of “The Native Land Court Act, 1894,” in respect of any order of the Court determining the succession to the estate of any Native deceased, the Governor, on being certified by the Chief Judge as in the said section is provided, may, by Order in Council, empower the Native Appellate Court to deal with such application as a valid appeal under “The Native Land Court Act, 1894”: And whereas the Chief Judge has, in respect of the application of Ngakura te Aohau, Maretiri Wikimoa, and Tauri Hariata under section thirty-nine aforesaid, certified as by the said section sixty-two is required: And whereas the said application in all other respects complies with the requirements of the last-mentioned section:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby empower the Native Appellate Court to deal with the said application as an appeal, under the provisions of “The Native Land Court Act, 1894,” from the order of Court dated the twenty-ninth day of July, one thousand nine hundred and five, appointing Hori te Hone Wikimoa, Te Uru Wikimoa, Hinewai te Rura, Tauri te Rura, and Hoani te Rura to succeed to the interest of Puni te Wharetiti, otherwise known as P. Ngamanako, deceased, in the block of land known as Rakautaua No. 4c, with a life interest of Pare te Hana.

ALEX. WILLIS,
Clerk of the Executive Council.

Empowering Native Appellate Court to hold Inquiry under “The Land Titles Protection Act, 1902.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this nineteenth day of December, 1906.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the land known as Wharekawa No. 4, situated in the Hauraki District, is held under a certificate of title issued by the Native Land Court under section seventeen of “The Native Lands Act, 1867”:

And whereas among the certified owners of the said land appears the name of Te Kupenga:

And whereas upon the hearing by the Native Appellate Court of an appeal against a partition of the said land a contest has arisen as to the identity of the said Te Kupenga, it being asserted by one party that Te Kupenga is identical with one Teretiu te Kupenga, while another party asserts that Te Kupenga is identical with one Te Kupenga te Waero:

And whereas upon the fifteenth day of May, one thousand eight hundred and eighty-eight, the Native Land Court by order appointed successors to Teretiu te Kupenga; and on the first day of May, one thousand eight hundred and eightynine, by order appointed successors to Te Kupenga te Waero, the intention in both cases being to appoint successors to the aforesaid Te Kupenga, one of the certified owners of the land: And whereas, therefore, one of such succession orders is invalid, and it is necessary to determine which one:

And whereas section two of “The Land Titles Protection Act, 1902,” provides, inter alia, that in the case of Native land the validity of any order of the Native Land Court which has subsisted for not less than ten years prior to the passing of that Act shall not be called in question in any Court unless with the consent of the Governor in Council first had and obtained:

And whereas after due inquiry, as provided by the said section two, the Governor in Council is satisfied that a prima facie case has been established, and that it would be inexpedient to dispose of it by remedial legislation or any other procedure which would obviate litigation:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of all powers and authorities in that behalf vested in him by “The Land Titles Protection Act, 1902,” and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby consent to the validity of the two said succession orders being called in question in the Appellate Court, upon the hearing of the appeal against the partition of the said land, to determine the identity of Te Kupenga with Teretiu te Kupenga or with Te Kupenga te Waero, and to determine which of the said succession orders is valid, and to cancel the other one.

ALEX. WILLIS,
Clerk of the Executive Council.

Hawke’s Bay Children’s Home incorporated.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth day of December, 1906.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS a petition, in terms of sections forty-two and forty-three of “The Hospitals and Charitable Institutions Act, 1885,” has been presented to His Excellency the Governor of the Colony of New Zealand from not less than fifty subscribers to the Hawke’s Bay Children’s Home, praying that the said home may be incorporated as a separate institution under the said Act: And whereas the substance of the said petition was gazetted on the first day of November, one thousand nine hundred and six, and no counter-petition has been received by the Colonial Secretary, or objection lodged with him by the District Board, within one month from the date of such publication:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, and in exercise and pursuance of the powers and authorities vested in him by “The Hospitals and Charitable Institutions Act, 1885,” doth hereby declare the contributors for the time being to the said home to be a body politic and corporate by the style and title of “The Hawke’s Bay Children’s Home.”

ALEX. WILLIS,
Clerk of the Executive Council.

Exempting Duppa Street, Wellington City, from the Provisions of Section 117 of “The Public Works Act, 1905.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this nineteenth day of December, 1906.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by subsection one of section one hundred and seventeen of “The Public Works Act, 1905,” it is, inter alia, provided that the said section shall not apply