New Zealand Gazette – 1910 – No. 34

Page 1197

✨ Native Land Court Rules



APRIL 14.] THE NEW ZEALAND GAZETTE. 1197

  1. If the land in respect of which application for partition is made is vested in a Maori Land Board, or administered by any such Board under Part XVI of the Act, or vested in the Public Trustee as a Native reserve, the Registrar shall send notice of the application to the Board or Public Trustee, who shall thereupon notify the Registrar whether the Board or Public Trustee consents or does not consent to the exercise of jurisdiction by the Court under Part VI of the Act. Until receipt of notice from the Board or Public Trustee the Registrar shall take no further proceedings in respect of the application.

  2. If the Board or Public Trustee does not consent to the exercise of jurisdiction by the Court as aforesaid, the application shall be deemed not to have been properly made, and shall be returned by the Registrar to the applicant, together with the fee, if any.

  3. If the Board or Public Trustee consents to the exercise of jurisdiction the application shall be notified for a sitting of the Court, and the Court may deal with the same although the provisions of Rule 29 have not been complied with.

  4. A partition order may be in the Form No. 6 or No. 7, as the case may require.

Exchange.

  1. An application for an order of exchange shall be in the Form No. 8.

  2. The applicant who is the owner of an interest in European land proposed to be exchanged shall, if required by the Registrar, supply all necessary information as to the title to such land, and furnish such certified copies of or extracts from the Land Transfer Register, or the Register of Deeds, as may be requisite for that purpose.

  3. Every application for exchange shall be accompanied by certificates showing the latest Government valuation (if any) of the lands proposed to be exchanged.

  4. An order of exchange may be in the Form No. 9.

Consolidation of Interests.

  1. An application by the Native Minister under section 130 of the Act shall be lodged with the Registrar and gazetted. It shall be the duty of the Registrar to circulate copies of the Kahiti containing the notification among as many as practicable of the owners of the lands affected.

Succession.

  1. An application for a succession order shall be in the Form No. 10.

  2. A succession order may be in the Form No. 11.

  3. An application by the Commissioner of Stamps for enforcement of a charge for Native succession duty under the Death Duties Act, 1909, may be in the Form No. 12.

  4. The order appointing a Receiver upon such application may be in the Form No. 13.

  5. An application under section 140 or section 141 of the Act may be in the Form No. 14.

Probate and Administration.

  1. An application to the Court for grant of probate or letters of administration with will annexed shall be in the Form No. 15 or No. 16. The applicant must at the time of lodging the application deposit with the Registrar the will in respect of which the application is made, and a translation thereof if in the Maori language, and also two copies of the will and translation.

  2. The applicant shall also attach to the application a schedule of the lands affected.

  3. Every person making application for grant of probate or for letters of administration, with or without the will annexed, shall be required to file statutory declarations by some person or persons having knowledge of the facts deposed to, in the Forms Nos. 17 and 18.

  4. Grant of probate or of letters of administration with will annexed, or of letters of administration, may be in the Forms Nos. 19, 20, and 21 respectively.

  5. Every will or alleged will in respect whereof application is made to the Court shall remain in the custody of the Registrar, and a minute of the grant or refusal of probate or letters of administration shall be noted thereon by the Judge.

  6. Every person other than the Public Trustee to whom letters of administration, with or without the will annexed, are granted shall, before obtaining the same, give security in the Form No. 22 for the proper administration of the estate of the deceased.

  7. Every person to whom letters of administration are granted shall, before obtaining the same, make a statutory declaration in the Form No. 18.

  8. Every executor or administrator shall, within such respective periods as the Court on granting probate or administration shall direct, or within such further periods as a Judge on application may thereafter direct, lodge with the Registrar an inventory of the estate and effects of the deceased, and also a full and distinct account in writing of his administration of the estate, which shall set forth the dates and particulars of all receipts and disbursements. Every inventory and account so filed shall be verified by statutory declaration.

Adoption of Children.

  1. An application for the adoption of a child under Part IX of the Act shall be in the Form No. 23, and shall be signed by the adopting parent or parents.

  2. The consent of the parents or parent of the child proposed to be adopted may be given either in writing or in open Court, and if in writing shall be in the Form No. 24, and shall be executed in the manner provided by section 420 of the Act in the case of instruments by way of security. The consent in writing may be lodged with the Registrar at any time up to the date of the sitting of the Court at which he application is to be dealt with, and thereafter as the Court



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VUW Te Waharoa — PDF NZ Gazette 1910, No 34




✨ LLM interpretation of page content

🪶 Rules of the Native Land Court (continued from previous page)

🪶 Māori Affairs
Native Land Court, Rules, Partition, Exchange, Consolidation, Succession, Probate, Administration, Adoption