1956
THE NEW ZEALAND GAZETTE.
[No. 68

Rules relating to Appeals from the Resident Commissioner’s Court of the Island of Niue.

ISLINGTON, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eleventh day of July, 1910.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN pursuance and exercise of the powers and authorities conferred by paragraph (b) of section twenty-four of the Cook Islands Government Act, 1908, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council thereof, and with the concurrence of His Honour the Chief Justice of the Supreme Court of New Zealand, and His Honour Mr. Justice Cooper, a Judge of the said Court, doth hereby make the following rules with respect to appeals from the decisions of the Resident Commissioner’s Court of the Island of Niue, and doth declare that such rules shall take effect on and after the first day of August, one thousand nine hundred and ten.

RULES.

1. Any person who may be desirous of appealing from any decision of the Resident Commissioner’s Court of the Island of Niue, whether the decision is a dismissal of the case or otherwise, and whether the ground of appeal is matter of law or matter of fact, or both, may appeal from the same to the Supreme Court of New Zealand.

2. Notice of appeal shall be served upon all parties directly affected by the appeal, and it shall not be necessary to serve parties not so affected, but the Supreme Court may direct notice of the appeal to be served on all or any parties to the action or other proceeding, or upon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may seem just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties.

3. Notice of appeal from any judgment of the Resident Commissioner’s Court shall be a fourteen days’ notice.

4. Such appeal shall be in the form of a case stated and agreed on by both parties or their solicitors, and if they cannot agree the Resident Commissioner shall settle the case and sign it. Written arguments by either party or their solicitors may, if that party so desires, be attached to the case.

5. Such case shall be forwarded to the Registrar of the Supreme Court at Auckland, New Zealand, and the Registrar shall set down such case for consideration at once. If, when the case is called upon, counsel appears either for the appellant or for the respondent, the Court shall hear such counsel. If no counsel appears, or counsel on one side only, the Court shall consider the case, and the written arguments, (if any) attached thereto, and shall, either then or at a subsequent sitting of the Court, pronounce its opinion thereon, and such opinion shall be recorded on the case by the Registrar, who shall return the case, with such opinion indorsed, to the Resident Commissioner’s Court at Niue, forwarding the case with all convenient speed.

6. Due security for costs, and for the performance of the judgment of the Supreme Court, shall, within six days after the notice of appeal has been given, be given to the satisfaction of the Resident Commissioner, unless he otherwise orders; and if no such security is given as above the notice of appeal shall be deemed abandoned.

COURT OF APPEAL.

7. All appeals to the Court of Appeal of New Zealand shall be subject, mutatis mutandis, to the rules for the time in force relating to appeals from the Supreme Court of New Zealand.

J. F. ANDREWS,
Clerk of the Executive Council.

Vesting Control of a Reserve under the Tourist and Health Resorts Control Act, 1908.

ISLINGTON, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eleventh day of July, 1910.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN pursuance and exercise of the power and authority conferred on him by section five of the Tourist and Health Resorts Control Act, 1908, (hereinafter termed “the said Act”), His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby vest the control of the reserve described in the Schedule hereto in the Minister of the Crown for the time being having the administration of the said Act, and doth hereby declare that the said reserve shall be administered under the said Act.

SCHEDULE.

ADDITION TO ROTORUA DOMAIN.

ALL that area in the Auckland Land District, containing by admeasurement 32 perches, more or less, being Section No. 3, Block V, Town of Rotorua. Bounded towards the north-east by the Parade, towards the south-east by Section No. 2, towards the south-west by Section No. 4, and towards the north-west by Section No. 1, all of Block V, Town of Rotorua; as the same is delineated on the plan marked L. 5361/4, deposited in the Head Office, Department of Lands, at Wellington, and thereon coloured yellow.

J. F. ANDREWS,
Clerk of the Executive Council.

Vesting a Cemetery Reserve in the Geraldine Borough Council.

ISLINGTON, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eleventh day of July, 1910.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the land described in the Schedule hereto has been duly set apart as a cemetery reserve:
And whereas, in the opinion of the Governor, it is expedient to vest the said reserve in the Geraldine Borough Council:
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and in exercise of the powers and authorities vested in him by the fourth section of the Public Reserves and Domains Act, 1908, doth hereby declare that, from and after the day of the date hereof, the reserve described in the Schedule hereto shall become vested in the Geraldine Borough Council, in trust, for a cemetery reserve.

SCHEDULE.

ALL that area in the Canterbury Land District, being Reserve 123 (in red), situated in Block V, Geraldine Survey District, and containing by admeasurement 10 acres, more or less. Bounded towards the north-east by a public road, towards the south-east and south-west by Rural Section 5006, and towards the north-west by Rural Section 4221; as the same is delineated on the plan marked L. 1626, deposited in the Head Office, Department of Lands, Wellington, and thereon bordered red.

J. F. ANDREWS,
Clerk of the Executive Council.

Vesting a Reserve in the Waitangi-Wataroa Public Hall and Library Institution (Incorporated).

ISLINGTON, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eleventh day of July, 1910.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the land described in the Schedule hereto has been permanently reserved for a site for a public hall and library:
And whereas, in the opinion of the Governor, it is expedient to vest the said reserve in the Waitangi-Wataroa Public Hall and Library Institution (Incorporated):
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and in exercise of the powers and authorities vested in him by the fourth section of the Public Reserves and Domains Act, 1908, doth hereby declare that, from and after the day of the date hereof, the reserve described in the Schedule hereto shall become vested in the Wai-