2660
THE NEW ZEALAND GAZETTE.
[No. 71

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

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day
of September, 1912.

Present :

His Excellency the Governor 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 en-
acts 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 ap-
pealed 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 ninth day of March, one thousand
eight hundred and ninety-six, in respect to the partition
of the land known as Ohau 3A No. 1 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. F. ANDREWS,
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 House, at Wellington, this second day
of September, 1912.

Present :

His Excellency the Governor 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 accord-
ingly, and may affirm, annul, or vary its previous order :

And whereas subsection four of that section further
enacts that no such order for 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 an inquiry and decision by the
Native Appellate Court under section twenty-six of the
Native Land Claims Adjustment and Laws Amendment
Act, 1901, affecting Tahoraita No. 2 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. F. ANDREWS,
Clerk of the Executive Council.

Consenting to a Mortgage of Native Land.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day
of September, 1912.

Present :

His Excellency the Governor in Council.

WHEREAS by section two hundred and thirty of the
Native Land Act, 1909, it is provided that no instru-
ment 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 Do-
minion 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. F. ANDREWS,
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 House, at Wellington, this second day
of September, 1912.

Present :

His Excellency the Governor 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 recom-
   mendation 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 said Native is able to maintain himself
   by his own means or labour, and that the transaction con-
   sented to is not contrary to the public interest :

And whereas to enable a confirmation of a sale by the
owner of Rangitoto-Tuhua 3G Section 2, the Waikato-