New Zealand Gazette – 1910 – No. 34

Page 1201

✨ Native Land Court Rules



APRIL 14.] THE NEW ZEALAND GAZETTE. 1201

Leave of Appeal.

  1. An application under subsection (1) of section 50 of the Act may be in the Form No. 58, and shall be lodged with the Registrar, who shall forward the same to the Chief Judge, with a report thereon.

  2. The Chief Judge may before granting leave to appeal require a sum of money to be deposited within a specified time as security for the costs of the appeal, and may make the granting of leave subject to the payment of that deposit within that time. If the condition is complied with, leave of appeal shall be deemed to be granted, and the application shall be treated as a notice of appeal which is in compliance with all requirements, and may be notified for hearing accordingly.

Withdrawal of Appeal.

  1. The appellant may, at any time before the hearing of the appeal, by notice in writing to the Registrar, and with leave of a Judge, withdraw the appeal.

  2. Leave to withdraw an appeal may be given on such terms as the Judge may think fit, and he may direct the disposal of any sum deposited as security for costs.

  3. Notice of the withdrawal of an appeal shall be published in the Kahiti.

Notifying Matters for Hearing.

  1. Except with the leave of the Chief Judge, no appeal shall be notified for hearing until after the expiration of six weeks from the date of the order or determination appealed from.

  2. Notice of matters to be dealt with at a sitting of the Appellate Court may be given in the manner provided by Rules 11 to 15, and for this purpose those Rules shall be construed as if the term “Court” included the Appellate Court.

Hearing.

  1. On the hearing of an appeal no person other than the appellant shall, except by leave of the Appellate Court, be entitled to appear or be heard in support thereof, or so put forward any claim contrary to the decision appealed from.

  2. On the hearing of the appeal the parties shall be restricted to the evidence given on the hearing in respect of which the appeal is instituted: Provided that the Appellate Court may in its discretion allow such further evidence to be adduced as may assist the Court to come to a just decision upon the matters at issue.

  3. The evidence given in any former proceeding shall be proved by the records of the Native Land Court, and no other evidence thereof shall, except by leave of the Appellate Court, be admitted.

  4. No appeal shall be allowed on any ground not alleged in the statement or amended statement of the grounds of appeal, unless the Appellate Court is of opinion that the appeal may be so allowed without injustice to the other parties interested in the appeal.

  5. The Appellate Court may at the hearing require the appellant to lodge a more explicit statement, or permit the appellant, upon such terms as that Court thinks fit, to lodge an amended statement of the grounds of appeal.

  6. If the appellant fails to prosecute his appeal the Appellate Court may dismiss the same on such terms as to costs or otherwise as it thinks fit. The Appellate Court may, in its discretion, allow the appeal to be reinstated at any time during the same sitting, or any adjournment thereof, on such terms as it thinks fit.

  7. The Appellate Court may allow an appellant to withdraw his appeal in whole or in part, and may therefore dismiss the appeal in whole or in part on such terms as it thinks fit.

  8. Minutes of the proceedings shall be kept by one of the Judges hearing the appeal in a minute-book to be provided for the purpose, which shall be a record of the Appellate Court, and shall be retained in the custody of the Registrar.

  9. The Appellate Court may arrange the order of its business, and determine the procedure to be adopted in any matter not specially provided for in these Rules, as it may think fit.

Rehearing.

  1. An application under subsection (3) of section 50 of the Act may be in the Form No. 59, and shall be lodged with the Registrar, who shall forward the same to the Chief Judge.

  2. The Chief Judge may before granting a rehearing require a sum of money to be deposited within a specified time as security for costs.

  3. An order for rehearing under subsection (3) of section 50 of the Act may be in the Form No. 60, and a minute thereof shall be gazetted.

  4. Notice of a rehearing at any sitting of the Appellate Court shall be given in the same manner as is required by these Rules in the case of the original hearing of an appeal.

MISCELLANEOUS.

Settings.

  1. Before the 10th day of April in each year, or so soon thereafter as is practicable, the Chief Judge shall submit for the approval of the Native Minister a schedule of the times and places at which it is proposed to hold sittings (hereinafter called “ordinary sittings”) of the Court. When approved by the Native Minister such schedule shall be gazetted, and the times and places of the ordinary sittings of the Court shall, subject to the powers of adjournment hereinafter provided, be determined in accordance with that schedule.

  2. At least fourteen days before the day of the commencement of each sitting as so determined a notice thereof shall be gazetted.



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VUW Te Waharoa — PDF NZ Gazette 1910, No 34




✨ LLM interpretation of page content

🪶 Native Land Court Rules - Leave of Appeal, Withdrawal, Notification, Hearing, and Rehearing (continued from previous page)

🪶 Māori Affairs
Native Land Court, Rules, Appeal, Withdrawal, Hearing, Rehearing, Native Minister, Chief Judge, Registrar, Appellate Court, Kahiti
  • Chief Judge
  • Native Minister
  • Registrar

🪶 Native Land Court Sittings Schedule

🪶 Māori Affairs
Native Land Court, Sittings, Schedule, Ordinary Sittings, Native Minister, Chief Judge
  • Chief Judge
  • Native Minister