Legal Rules and Orders in Council




3820
THE NEW ZEALAND GAZETTE.
[No. 95

(b.) Direct that a guardian ad litem be appointed to represent any person where such a course appears necessary:
(c.) Direct any person to represent others who have the like interest:
(d.) Direct that any party or group of parties appear by a separate solicitor:
(e.) Appoint counsel to represent any party separately as to all or any of the questions arising upon such summons, such counsel undertaking to represent such party:
(f.) Direct the Public Trustee to represent any person or class of persons.

541C. Service upon any person appointed in terms of the foregoing rule shall suffice without appointment of guardian ad litem where it is not considered necessary to appoint one.

541D. Where in any such case the public interest is or may be affected, the plaintiff shall similarly supply to the Court such information as shall enable it to determine whether it should—
(g.) Direct that the Attorney-General or Solicitor-General be served:
(h.) Direct that any other Minister or functionary have notice of the proceedings:
(i.) Direct that, with the consent of a Minister to be filed, any head of Department or other officer or functionary may represent the public interest and direct service on him.

541E. Where the interests of inhabitants of any locality represented by a local authority, or the interests of any similar class, are likely to be affected, the plaintiff shall similarly supply to the Court such information as shall enable it to determine whether it should—
(j.) Direct that the local body or other representative body represent such inhabitants or class, unless it shall appear that their interests or the interests of a considerable section of such inhabitants or class may be adverse to those of the local authority; or
(k.) In cases where the local authority is itself the party moving, direct in what manner the inhabitants or any section of the community shall be represented.

541F. The memorandum indorsed on an originating summons embodying the directions as to the service thereof may be signed by the Registrar or Deputy Registrar.

MOTIONS AND SUMMONSES.

597B. Rule 597A of the Code of Civil Procedure is supplemented by the following additional paragraphs:—
(e.) Every indorsement shall show the purpose of the motion or summons. Thus it is sufficient to indorse the proceeding as “Motion for Probate,” but it is not sufficient to indorse a proceeding “Summons for Directions” or otherwise in an indeterminate way unless such proceeding cannot conveniently be briefly described.
(f.) Every notice of motion for administration in which dispensing with or reducing security is applied for shall be indorsed so as to show such application in the indorsement.
(g.) When any notice of motion or summons fails to comply with this rule, and application is made under paragraph (d) of Rule 597A for leave to file it, a Judge or the Registrar may order that a fresh indorsement may be attached thereto, with or without allowing the stamps to be reaffixed.
(h.) When the reaffixing of stamps is disallowed, whether under this rule or for any other reason, the cost thereof shall be disallowed to the solicitor who has filed the document.

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


Amending Inland Postage on Magazines (Registered).

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventeenth day of October, 1910.

Present:
THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.

WHEREAS by Order in Council made on the seventeenth day of January, one thousand nine hundred and ten, and published in the New Zealand Gazette of the eighteenth day of January, one thousand nine hundred and ten, regulations were made and rates of postage fixed, under the authority of the Post and Telegraph Act, 1908 (hereinafter termed “the said Act”), for the transmission of letters, books, packets, and newspapers through the post for places within or beyond New Zealand, and it is expedient to amend such regulations in the manner hereinafter set forth:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon him by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke the rates of postage in respect of inland registered magazines fixed in the Schedule to the above-recited Order in Council, and in lieu thereof doth hereby fix the rates of postage for inland registered magazines set forth in the Schedule hereto; and doth order that such rates shall take effect on and after the date of publication hereof in the New Zealand Gazette, and that all other references to the said rates of postage in the regulations made by the said Order in Council shall be deemed to be altered accordingly.


SCHEDULE.
RATES OF POSTAGE.
Magazines (Registered).

INLAND . . { Each copy not exceeding 8 oz., ½d.; every additional 8 oz. or fraction thereof, ½d.

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


Appointing Member of Assessment Court for Rotorua Town.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventeenth day of October, 1910.

Present:
THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.

IN pursuance and exercise of the power and authority vested in him by the Valuation of Land Act, 1908, 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 appoint

THORNTON WALKER

to be a member of the Assessment Court for the Town of Rotorua.

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


Authorizing the Alienation of Native Land, notwithstanding the Provisions of Part XII of the Native Land Act, 1909.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventeenth day of October, 1910.

Present:
THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.

WHEREAS by section two hundred and three of the Native Land Act, 1909, it is enacted that the Governor may by Order in Council, in any case in which he deems it expedient in the public interest so to do, authorize any acquisition, alienation, or disposition of Native land or of any interest therein, notwithstanding any of the provisions of Part XII (relating to limitation of area) of the aforesaid Act:

And whereas it is expedient that authority be granted for the acquisition, alienation, or disposition of the lands set out in the Schedule hereto, notwithstanding any of the provisions of Part XII of the said Act:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council thereof, doth hereby authorize the acquisition, alienation, or disposition of the lands set out in the Schedule hereto, notwithstanding any of the provisions of Part XII of the Native Land Act, 1909. And it is hereby declared that this Order in



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VUW Te Waharoa PDF NZ Gazette 1910, No 95





✨ LLM interpretation of page content

⚖️ Additional Rules for Motions and Summonses under the Judicature Act, 1908

⚖️ Justice & Law Enforcement
Judicature Act, Rules, Civil Procedure, Motions, Summonses, Indorsements, Probate, Administration
  • J. F. Andrews, Clerk of the Executive Council

🚂 Amending Inland Postage Rates for Registered Magazines

🚂 Transport & Communications
17 October 1910
Postage rates, Inland mail, Registered magazines, Post and Telegraph Act, Executive Council
  • Islington, Governor
  • James Carroll
  • J. F. Andrews, Clerk of the Executive Council

🏛️ Appointment to Rotorua Town Assessment Court

🏛️ Governance & Central Administration
17 October 1910
Assessment Court, Rotorua, Valuation of Land Act, Member Appointment
  • Thornton Walker, Appointed member of Assessment Court

  • Islington, Governor
  • James Carroll
  • J. F. Andrews, Clerk of the Executive Council

🪶 Authorizing Alienation of Native Land

🪶 Māori Affairs
17 October 1910
Native Land Act, Native land, Alienation, Disposition, Public interest, Schedule
  • Islington, Governor
  • James Carroll
  • J. F. Andrews, Clerk of the Executive Council