New Zealand Gazette – 1910 – No. 34

Page 1200

✨ Native Land Court Rules



1200 THE NEW ZEALAND GAZETTE. [No. 34

Orders.

  1. All orders of Court shall be in duplicate, and, where necessary for the purpose of complying with any Rule or with the Act, shall be in triplicate.

  2. No freehold order or partition order shall be signed and sealed unless the plan upon which such order is based has been signed as “approved” by a Judge, and a diagram in accordance therewith has been indorsed on the order.

  3. No order shall be delivered to the person entitled thereto, or forwarded for inclusion in the Land Transfer Register, until all fees (if any) due to the Court in respect thereof have been paid.

  4. An order under section 29 of the Act may be in the Form No. 52.

Rehearings.

  1. An application for rehearing under section 28 of the Act may be made to the Judge in open Court, or in writing, lodged with the Clerk of the Court, in Form No. 53.

  2. The Judge may require notice of the application to be given in such manner and to such persons as he thinks fit.

  3. If the application is granted, the rehearing may take place either before the same or any other Judge, and either at the same sitting at which the original hearing took place, or at any adjournment thereof, or at any other sitting of the Court; but in the last case only on notification of the rehearing being made in the same manner as in the case of an original hearing.

THE NATIVE APPELLATE COURT.

Leave to Appeal from Provisional Orders.

  1. An application to the Court for leave to appeal to the Appellate Court under section 49 of the Act may be made in open Court, or in writing lodged with the Clerk of the Court. Every such application shall be made within two days, or such further time not exceeding seven days as the Court on special grounds may allow, after the date of the determination appealed from.

  2. Leave to appeal may be granted on such terms as to costs as the Court thinks fit.

  3. If leave to appeal is granted, notice of appeal shall be given and all further proceedings taken as in the case of an appeal (otherwise than by leave of the Chief Judge) from a final order of the Court.

Notice of Appeal.

  1. A notice of appeal from a final order of the Court may be in the Form No. 54, and shall embody or be accompanied by a statement setting forth the grounds of the appeal. The notice and the statement shall be signed by the appellant, or by his solicitor, and shall be lodged with the Registrar within six weeks after the date of the minute of the order appealed from.

  2. If the appellant by whom the notice and statement are so signed is a Native, his signature shall be attested in manner required by section 420 of the Act in the case of instruments executed by way of security, and there shall be written on the notice and statement the like certificate of an attesting witness as is required by that section.

  3. The Registrar shall not accept as sufficient compliance with these Rules or record any notice of appeal unless it embodies or is accompanied by a sufficient statement of the grounds of appeal.

  4. After notice of appeal has been duly given, all subsequent proceedings in the matter of the appeal shall be deemed to be in the Appellate Court, and shall be intituled accordingly.

  5. After recording the notice of appeal the Registrar shall forward the same, with the statement of grounds of appeal, to the Chief Judge, who shall fix what sum of money (if any) shall be deposited with the Registrar by the appellant as security for the costs of the appeal, and the time within which the deposit shall be made. The Registrar shall notify the appellant accordingly.

  6. The Chief Judge may, if he is of opinion that the statement of the grounds of appeal does not state these grounds sufficiently, require the appellant to lodge with the Registrar within a specified time a more explicit statement, and may direct the Registrar to notify the appellant accordingly.

Dismissal.

  1. If the appellant fails to make the deposit, or to lodge a more explicit statement of the grounds of appeal, within the time fixed, the Registrar may, after the expiry of the time prescribed for giving notice of appeal, apply to a Judge of the Court, in the Form No. 55, to dismiss the appeal, and the Judge may, ex parte or otherwise, as he thinks fit, make an order in the Form No. 56 or No. 57 dismissing the appeal accordingly.

  2. A notice of the application shall be gazetted, and a copy of the notice shall be sent by the Registrar to the appellant.

  3. The Judge may grant further time not exceeding two weeks from the hearing of the Registrar’s application for depositing the security or lodging a more explicit statement of the grounds of appeal.

  4. A minute of every order under Rule 124 dismissing an appeal shall be published in the Kahiti.

Succession Cases.

  1. Where persons have been appointed successors in the same right to the interest of a deceased person in several blocks or parcels of land, it shall not be necessary to give separate notices of appeal in respect of each order, but the whole may be included in one notice and treated as one appeal.


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VUW Te Waharoa — PDF NZ Gazette 1910, No 34




✨ LLM interpretation of page content

🪶 Native Land Court Rules - Orders, Rehearings, and Appeals (continued from previous page)

🪶 Māori Affairs
Native Land Court, Court Orders, Rehearing Applications, Notice of Appeal, Appellate Court, Dismissal of Appeal, Succession Cases