New Zealand Gazette – 1910 – No. 34

Page 1198

✨ Native Land Court Rules



1198 THE NEW ZEALAND GAZETTE. [No. 34

may direct; but notwithstanding the lodging of such consent the Court may require the personal
attendance of such parent or parents.

  1. The applicant or applicants and the child proposed to be adopted shall attend personally
    before the Court on the hearing of the application; but the Court may, in its discretion, dispense
    with such personal attendance.

  2. The order of adoption shall be in the Form No. 25.

  3. An application under section 169 for the annulment of an order of adoption shall be in
    the Form No. 26, and shall set forth the grounds upon which the annulment is sought.

  4. The order of annulment shall be in the Form No. 27.

  5. The Registrar shall cause a minute of every order made under Part IX of the Act to be
    gazetted.

Persons under Disability.

  1. An application for an order to appoint a trustee for a person under disability shall be
    in the Form No. 28.

  2. The order appointing a trustee may be in the Form No. 29.

  3. A certificate by a Judge under section 178 of the Act may be in the Form No. 30.

  4. An application by a trustee under Part X of the Act for leave to borrow money for the
    purposes of the trust, or for an order for the payment of expenditure of any of the revenues or
    proceeds of the trust property to or for the benefit of the beneficiary, or for directions in relation
    to the administration of the trust property, or an application under section 29 of the Act, may
    be made ex parte, and may be heard and determined by the Court at any time and place. The
    Court may forthwith grant leave, or make any order, or give such directions as it may think fit,
    or may require such notices to be given, or inquiries made, or such evidence produced as the nature
    of the case may require.

Relative Interests.

  1. An application for determination of relative interests shall be in the Form No. 31.

  2. An order determining relative interests may be in the Form No. 32.

  3. Relative interests shall, in all cases where it can conveniently be done, be expressed in
    shares or fractional parts of a share, the whole interest in the land being for that purpose ex-
    pressed by the number of shares awarded.

Pecuniary Claims.

  1. Notwithstanding anything contained in section 15 of the Act, no claim for damages or
    other pecuniary claim under section 24 of the Act shall be heard and determined by the Court
    except upon an application made in that behalf in accordance with Rule 3.

  2. Notice of every such application shall be given to the person against whom the claim is
    made (hereinafter called the defendant) in manner directed by a Judge, and not less than fourteen
    days before the day gazetted for the sitting of the Court at which the application is to be heard.

  3. It shall not be necessary for the defendant in any such proceeding to file any statement
    of defence.

  4. Subject to the provisions of this Act and of these Rules, every such application shall be
    heard and determined in the same manner, with all necessary modifications, as if it was an action
    for the recovery of damages in a Magistrate’s Court under the Magistrates’ Courts Act, 1908.

Injunctions.

  1. An application for an injunction under section 24 of the Act may be in the Form No. 33,
    and the order made upon such application may be in the Form No. 34 or No. 35; and an order
    under this Rule may be made either ex parte or otherwise, as the Court thinks fit, according to
    the urgency of the case.

  2. An injunction granted ex parte may be dissolved at any time thereafter on application
    made to the Court by the person against whom the injunction has been granted.

Incorporation of Native Owners.

  1. Every application for an order of incorporation (other than an application by a Maori
    Land Board under Part XVIII of the Act) shall be in the Form No. 36.

  2. The consent of the owners to the making of an order of incorporation may be evidenced
    by their signatures to the application, or by a consent in the Form No. 37, signed by the owners
    consenting.

  3. The signature of each owner so signing the application or form of consent shall be attested
    either by some person certified by a Judge as a fit and proper person for the purpose, or by one
    of those persons whose attestation is required by section 134 of the Act in the case of a will made
    by a Native.

  4. An application for an order of incorporation by a Maori Land Board under Part XVIII
    of the Act shall be in the Form No. 38.

  5. An order of incorporation may be in the Form No. 39 or No. 40, as the case may require.

  6. The Court may, in and by such order, or by separate order at any time thereafter, and
    from time to time as the case may require, appoint a place and time (not being earlier than
    twenty-eight days after the date of the order by which the time is so appointed) for the holding
    of a meeting of owners for the purpose of electing a committee of management.

  7. A notice of the making of the order of incorporation, and of the time and place appointed
    for the holding of the meeting, shall be forthwith published in the Kahiti.

  8. An order appointing the committee of management, or any member thereof, may be in
    the Form No. 41 or No. 42, as the case may require, and may be made ex parte.



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🪶 Rules of the Native Land Court - Adoption, Trusteeship, Relative Interests, Pecuniary Claims, Injunctions, Incorporation (continued from previous page)

🪶 Māori Affairs
Native Land Court, Rules, Adoption, Trustee, Pecuniary Claims, Injunctions, Incorporation, Maori Land Board, Committee of Management