APRIL 14.] THE NEW ZEALAND GAZETTE. 1195

Rules of the Court under the Native Land Act, 1909.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighth day of April, 1910.

Present:

THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.

WHEREAS by the Native Land Act, 1909, it is enacted that the Governor may from time to time, by Order in Council gazetted, make such Rules of Court, as are consistent with the said Act, for regulating the practice and procedure of the Native Land Court in all matters within its jurisdiction, and prescribing the fees payable in respect of the proceedings of that Court, and for determining the times and places of the sittings of that Court: And whereas by the said Act it is enacted that the Governor may from time to time, by Order in Council gazetted, make such Rules of Court as are consistent with the said Act for the purpose of regulating the practice and procedure of the Native Appellate Court, and the terms and conditions on which appeals to that Court may be brought, prosecuted, or withdrawn, prescribing the fees payable in respect of the proceedings of that Court, and determining the times and places of the sittings of that Court:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred upon him as aforesaid, and of all other powers and authorities conferred upon him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the Rules of Court following for the purposes of the said Act, namely:—

RULES OF COURT.

1. In these Rules, unless a contrary intention appears,—

“ The Act ” means the Native Land Act, 1909 :

“ District ” means a Native Land Court District as constituted by these Rules :

“ Gazetted ” means published in the Gazette and Kahiti :

“ Registrar ” means, with respect to any proceedings, the Registrar of the Native Land Court in and for the district in which those proceedings take place.

All other terms used in these Rules have the same signification as when used in the Act, unless a contrary intention appears.

FORMS.

2. The forms prescribed by these Rules for use in the proceedings of the Court and of the Appellate Court are those set forth in the First Schedule hereto, and indicated by the corresponding numbers therein. The forms may be used with such modifications as the case may require, and if no form is prescribed by these Rules, then such form may be used as a Judge may direct or approve. In any case an equivalent form in the Maori language may be used, and shall be sufficient.

NATIVE LAND COURT.

Commencement of Proceedings.

3. Unless otherwise provided by the Act or by these Rules, every proceeding shall be commenced by application in writing forwarded to or lodged with the Registrar.

4. Every application which relates to land shall be so made in the district in which the land is situated. If the land is situated in two or more districts the application may be made in either or any of those districts.

5. If the application does not relate to land it may be so made in any district which the applicant thinks fit, but the Registrar may refuse to receive or record any such application if he is of opinion that the proceedings would more conveniently be taken in another district.

6. No application which has been received and recorded by a Registrar shall be deemed invalid because made in the wrong district, but the Chief Judge may at any time direct any application to be transferred from the district in which it was made to any other district, and the application and all proceedings consequent thereon shall be transferred accordingly.

7. Every such application shall be signed by the applicant or his solicitor.

8. Unless directed otherwise by a Judge, the Registrar, if in his opinion the application is not properly made, may return the same to the applicant, and shall not record such application until properly made.

9. The Registrar shall keep a register, in which shall be recorded all applications properly made and all subsequent proceedings in the Court or the Appellate Court in respect thereof. Each application shall be recorded as of the day on which the same is received.

10. The Registrar shall indorse on each application a minute, according to the nature of the application, showing all essential particulars for the information of the Court.

Notifying Applications.

11. Unless otherwise provided by the Act or these Rules, notice of all applications to be dealt with at any sitting of the Court shall be in the form of a schedule to the notice of the sitting of the Court or published in the Kahiti. It shall not be necessary for any such application to be also notified in the Gazette, unless the Registrar or a Judge so directs.

12. Supplementary notices of matters to be dealt with at an ordinary sitting of the Court may be given from time to time by the Registrar in the Kahiti, and also, if the Registrar or a

B