✨ Native Land Court Rules
1202
THE NEW ZEALAND GAZETTE.
[No. 34
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The Chief Judge may, with the approval of the Native Minister, appoint a time and place for a special sitting of the Court, at which only such business may be taken as the Chief Judge may direct to be notified.
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Notice of a special sitting of the Court shall be gazetted at least seven days before the commencement of that sitting.
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The Chief Judge may, at any time and from time to time before the commencement of any sitting of the Court, adjourn such sitting to some later date or to some other place, whether such date or place is specified in the schedule of sittings or not, and the Registrar shall thereupon notify such adjournment in such manner as the Chief Judge directs.
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Any person authorised by the Chief Judge or by a Judge may open and adjourn any sitting or adjourned sitting of the Court.
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After the commencement of a sitting the Court or the presiding Judge, or, in the absence of a Judge, any person authorised by the Judge, may adjourn such sitting from time to time and from place to place, whether such time or place is specified in the schedule of sittings or not, or may so adjourn any part or parts of the business notified to be dealt with at any such sitting, or adjourn the same to any other sitting or sine die.
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Rules 149 to 155 shall apply to the Appellate Court.
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Notwithstanding anything in these Rules, a sitting of the Court may, without notification, be held at any time and place which a Judge thinks fit, but no matter shall be heard or determined at any such sitting other than a matter which, in accordance with the Act or with these Rules, may be heard and determined ex parte.
Taxation of Costs.
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Any party entitled to costs subject to taxation may obtain from the Registrar an appointment for taxation of such costs. Notice of the appointment shall be served on such persons (if any) as the Registrar requires.
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The party claiming taxation shall at the time of obtaining such appointment lodge with the Registrar a full and detailed bill of the fees, charges, and disbursements claimed, and shall serve copies thereof upon such persons and in such manner as the Registrar requires.
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Such bill shall be supported by vouchers wherever possible; and if extra expenses which do not appear on the face of the proceedings, such as witnesses’ expenses, are claimed a statutory declaration shall be filed showing that these expenses were necessary and proper under the circumstances.
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The Registrar shall at the time and place appointed proceed to tax such bill, and shall report to the Court, or Appellate Court, as the case may be, what in his opinion would be a fair amount of costs to allow under the circumstances.
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The Court, or Appellate Court, may, if it appears that the Registrar has decided erroneously, whether as to amount or principle, refer the bill back to the Registrar with direction to review his report and make such alteration in it as may be requisite.
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Whether taxation has been directed or not, the Court or Appellate Court may at any time fix the amount of costs payable in any matter.
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The order for payment of costs or imposing a charge for costs under section 22 of the Act may be in the Form No. 61.
Amendments.
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Every amendment made under section 27 or section 58 of the Act shall be signed by the Judge making the same, or the Chief Judge, as the case may be, at the time of making the same, and shall specify the date on which the same is made.
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If a copy of the order in respect of which amendment is made has been filed in the Supreme Court under section 30 of the Act, a certified copy of the amendment shall be forthwith transmitted to the Registrar of the Supreme Court.
Receivers.
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The order appointing a receiver under section 31 of the Act may be in the Form No. 62.
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Before making any such order it shall be the duty of the Court or the Appellate Court to ascertain, in such manner as it thinks fit, whether the person or Board proposed to be appointed as receiver consents to such appointment, and no such order shall be signed and sealed until such consent is obtained.
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By any order appointing a receiver, or by any subsequent order, the Court making the same may prohibit or restrict, in such manner as it thinks fit, the exercise by the receiver of any powers which would otherwise be vested in him, and such Court may at any time remove or vary any such prohibition or restriction. The Court may by any such order require any receiver other than the Public Trustee or a Maori Land Board to give security for the due execution of his duties.
Surveys.
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Where any land has been subdivided, either on original investigation or on partition, it shall be the duty of the Court to transmit to the Chief Surveyor a description of the boundaries, and all other information necessary to enable the survey of such subdivision to be proceeded with.
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A certificate by the Chief Surveyor under section 397 of the Act shall be in the Form No. 63, and shall contain a statement of the date of the completion of the survey.
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A charging order under subsection (1) of section 398 of the Act, and an order varying such order under subsection (2) of the said section, may be in the Forms No. 64 and No. 65 respectively.
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An order under section 399 of the Act, vesting land in His Majesty the King, may be in the Form No. 66, and an order under section 400 may be in the Form No. 67.
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🪶 Native Land Court Rules: Sittings, Taxation of Costs, Amendments, Receivers, and Surveys
🪶 Māori AffairsNative Land Court, Rules, Sittings, Adjournment, Taxation of Costs, Amendments, Receivers, Surveys, Land Subdivision, His Majesty the King
- Chief Judge
- Native Minister
- Registrar
- Judge
- Public Trustee
- Maori Land Board
- Chief Surveyor
NZ Gazette 1910, No 34