1718

THE NEW ZEALAND GAZETTE.

[No. 46

Consenting to a Mortgage o Native Land.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirteenth day of May, 1912.

Present:

THE HONOURABLE T. MACKENZIE, F.R.G.S., PRESIDING IN COUNCIL.

WHEREAS by section two hundred and thirty of the Native Land Act, 1909, it is provided that no instrument of alienation of Native land by way of mortgage or charge, other than a mortgage or charge in favour of a State Loan Department, shall be confirmed by a Board or the Court without the precedent consent of the Governor in Council:

And whereas application has been made for the consent of the Governor in Council to a mortgage of the block or parcel of land mentioned in the Schedule hereto: And whereas it is expedient that the precedent consent of the Governor in Council should issue:

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, doth hereby consent to the confirmation of an alienation by way of mortgage of the block or parcel of land set out in the Schedule hereto. And it is hereby declared that this Order in Council is made under the provisions in that behalf of the Native Land Act, 1909, and shall operate accordingly as a consent of the Governor in Council to the proceedings hereby authorized.

SCHEDULE.

J. HISLOP,
Acting Clerk of the Executive Council.

Consenting to the Chief Judge of the Native Land Court granting Leave to Appeal.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirteenth day of May, 1912.

Present:

THE HONOURABLE T. MACKENZIE, F.R.G.S., PRESIDING IN COUNCIL.

WHEREAS subsection one of section fifty of the Native Land Act, 1909, enacts that at any time and from time to time, on application made ex parte or otherwise by any person interested, the Chief Judge may, if he thinks fit, on being satisfied that the applicant has shown a prima facie case of error, whether of fact or law, in any final order of the Native Land Court, grant leave to the applicant to appeal to the Appellate Court against that order, notwithstanding the fact that, owing to lapse of time or for any other reason, the applicant has no appeal as of right to that Court:

And whereas subsection two of that section further enacts that, save with the precedent consent of the Governor in Council, leave to appeal shall not be granted by the Chief Judge under this section unless application for same is made within five years of the making of the order appealed from:

And whereas application has been made to His Honour the Chief Judge of the Native Land Court to grant leave to appeal against the decision of the Native Land Court, dated the nineteenth day of January, one thousand eight hundred and ninety-three, in respect of the succession to the interests of Arama Karaka Hautoa, deceased, in the Makarau Block: And whereas it is expedient that such leave to appeal should be granted:

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 subsection two of section fifty of the Native Land Act, 1909, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby consent to the Chief Judge granting the applicant leave to appeal as aforesaid. And it is hereby declared that this Order in Council is made under the provisions in that behalf of the Native Land Act, 1909, and shall operate accordingly as a consent of the Governor in Council to the proceedings hereby authorized.

J. HISLOP,
Acting Clerk of the Executive Council.

Consenting to an Order for Rehearing being made by the Chief Judge of the Native Land Court.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirteenth day of May, 1912.

Present:

THE HONOURABLE T. MACKENZIE, F.R.G.S., PRESIDING IN COUNCIL.

WHEREAS subsection three, section fifty, of the Native Land Act, 1909, enacts that at any time and from time to time, on application made, ex parte or otherwise, by any person interested, the Chief Judge may, if he thinks fit, on being satisfied that the applicant has shown a prima facie case of error, whether of fact or law, in any final order of the Appellate Court, make an order for the rehearing, whether complete or partial, of the appeal or matter in which that order was made; and the Appellate Court shall thereupon rehear the same accordingly, and may affirm, annul, or vary its previous order:

And whereas subsection four of that section further enacts that no such order of rehearing shall be made without the precedent consent of the Governor in Council:

And whereas application has been made to His Honour the Chief Judge of the Native Land Court to make an order for the rehearing of the appeal on the partition of Patuiwi and Waipahihi Reserves, being parts of the Tauhara Middle Block:

And whereas it is expedient that such order for rehearing should be made:

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 subsection four of section fifty of the Native Land Act, 1909, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby consent to the order for rehearing being made. And it is hereby declared that this Order in Council is made under the provisions in that behalf of the Native Land Act, 1909, and shall operate accordingly as a consent of the Governor in Council to the proceedings hereby authorized.

J. HISLOP,
Acting Clerk of the Executive Council.

Exempting a Native from the Provisions of the Native Land Act, 1909, with respect to Landless Natives, and consenting to the Confirmation of an Alienation by the Maori Land Board.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirteenth day of May, 1912.

Present:

THE HONOURABLE T. MACKENZIE, F.R.G.S., PRESIDING IN COUNCIL.

WHEREAS by section four hundred and twenty-five of the Native Land Act, 1909, it is enacted that—

1. The Governor may by Order in Council, in any case in which he thinks it expedient so to do, consent to the confirmation of any alienation, or to the confirmation of any resolution of assembled owners, or to any purchase by the Native Land Purchase Board, or to any exchange of Native land, notwithstanding the fact that any Native may thereby become landless within the meaning of this Act; and thereupon the said confirmation, purchase, or exchange may take place and shall have effect in the same manner as if that Native retained Native freehold land sufficient for his adequate maintenance:

2. No such consent shall be given except on the recommendation of the Native Land Court or of the Maori Land Board of the district in which the land is situated:

3. No such consent shall be given unless the Governor is satisfied that the Native is able to maintain himself by his own means or labour, and that the transaction consented to is not contrary to the public interest: