Orders in Council on Road Stopping and Native Land Court Rules




DEC. 12.] THE NEW ZEALAND GAZETTE. 3447

Consenting to stopping a Road in Block I, Lower Wanaka Survey District, Lake County.

ROBERT STOUT,
Administrator of the Government.
ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day of December, 1912.

Present:

HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT IN COUNCIL.

WHEREAS by section one hundred and thirty-three (a) of the Public Works Act, 1908, it is enacted that a local authority shall not declare any county road or district road to be stopped, and such road shall not be deemed to be stopped, until the consent thereto of the Governor by Order in Council gazetted is obtained:

And whereas the Lake County Council has applied for such consent in respect to the road described in the Schedule hereto:

Now, therefore, in pursuance and exercise of the above-in-part-recited Act, and of all other powers in anywise enabling him in this behalf, His Excellency the Administrator of the Government 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 Lake County Council stopping the road described in the Schedule hereto.

———

SCHEDULE.

Approximate Area of Road permitted to be stopped. Passing through or abutting on Sections Situated in Block Situated in Survey District of Shown on Plan Coloured on Plan
A. R. P. 4 0 23 38, 43, 44, 45 I Lower Wanaka P.W.D. 32144 Green.

In the Otago Land District; as the same is more particularly delineated on the plan marked and coloured as above mentioned, and deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District.

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

———

Additional Rules of the Court under the Native Land Act, 1909.

ROBERT STOUT,
Administrator of the Government.
ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day of December, 1912.

Present:

HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT IN COUNCIL.

WHEREAS by the Native Land Act, 1909, it is enacted that the Governor may from time to time, by Order in Council gazetted, make such Rules of Court as are consistent with the said Act, for regulating the practice and procedure of the Native Land Court in all matters within its jurisdiction, and prescribing the fees payable in respect of the proceedings of that Court:

And whereas section seventeen of the Native Land Amendment Act, 1912, provides, inter alia, that the Governor may, by Order in Council, on the recommendation of the Court, declare any Native to be a European. And whereas it is expedient that additional Rules of the Court should be made for the purposes aforesaid:

Now, therefore, His Excellency the Administrator of the Government of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred upon him as aforesaid, and of all other powers and authorities conferred upon him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the Rules of the Court following for the purposes aforesaid.

———

RULES OF COURT.

(a.) THESE rules shall form part of and be read together with the Rules of the Court made the 8th day of April, 1910,

Unless a contrary intention appears, all terms used in these rules have the same signification as when used in the Native Land Act, 1909, and the Rules of the Court aforesaid.

FORMS.

(b.) The forms prescribed by these rules for use in the proceedings of the Court are those set forth in the First Schedule hereto, and indicated by the corresponding number therein. The forms may be used with such modifications as the case may require, and if no form is prescribed by these rules then such form may be used as a Judge may direct or approve.

———

DECLARING A NATIVE TO BE A EUROPEAN.

  1. An application by a Native to be declared a European shall be in form No. 73.

  2. Every application shall be in duplicate, and shall be lodged with the Registrar of the district in which the applicant has resided for a period of not less than six months prior to the date of the application.

  3. The Registrar of the district shall forward to the Under-Secretary, Native Department, the duplicate copy of each application, for the information of the Native Minister.

  4. The applicant shall lodge with the Registrar a statutory declaration to the effect that he or she is qualified under paragraph (a) of subsection (4) of section 17 of the Native Land Amendment Act, 1912. Such declaration shall be in form No. 74.

  5. The applicant shall lodge with the Registrar a certificate setting out in detail all lands to which he or she has a registered title, either as owner or occupier. Such certificate shall be in form No. 75, and shall be certified to as being correct by an officer of the Land Transfer Department or a solicitor.

  6. In the event of the applicant not having sufficient land for his adequate maintenance, then he or she shall obtain and lodge a declaration signed by a responsible person that the applicant is able to adequately maintain himself or herself by some special profession, trade, or calling, or that he or she has a sufficient income for adequate maintenance. Such declaration shall be in form No. 76.

  7. Notification of applications shall be as provided for by Rules 11 to 16 of the Rules of the Court.

  8. A recommendation of the Court may be in form No. 77, and the Registrar shall forward the original to the Under-Secretary, Native Department.

  9. The fees set out in the Second Schedule are hereby prescribed as the fees to be paid in respect of the proceedings hereunder.

———

FIRST SCHEDULE.

[Form No. 73.

APPLICATION BY A NATIVE TO BE DECLARED A EUROPEAN.
(Rule No. 193.)

To the Native Land Court.

I, __, of __, being a Native within the meaning of the Native Land Act, 1909, hereby apply to the Court for a recommendation for the issue of an Order in Council declaring me to be a European in terms of section 17 of the Native Land Amendment Act, 1912.

I enclose the sum of three guineas (£3 3s.), being amount of fees payable on this application.

Dated at __, this __ day of __, 19____.

Applicant.

[Form No. 74.

DECLARATION OF KNOWLEDGE OF ENGLISH AND POSSESSION OF EDUCATIONAL QUALIFICATIONS.
(Rule No. 197.)

In the matter of section 17 of the Native Land Amendment Act, 1912; and in the matter of an application by __, of __:

I, __, of __, do solemnly and sincerely declare—

  1. That I am acquainted with the English language.

  2. That I am possessed of the following educational qualifications, which are equal to the Fourth Standard as prescribed by the Education Act, 1908. [Set out qualifications.]

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Justices of the Peace Act, 1908.

Declared at __, this __ day of __, 19____.

before me—

Justice of the Peace,
[or Solicitor of the Supreme Court].



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1912, No 90





✨ LLM interpretation of page content

🏗️ Consent to Stopping a Road in Lower Wanaka Survey District

🏗️ Infrastructure & Public Works
9 December 1912
Road stopping, Public Works Act, Lake County, Lower Wanaka Survey District, Otago Land District
  • Robert Stout, Administrator of the Government
  • J. F. Andrews, Clerk of the Executive Council

🪶 Additional Rules of the Court under the Native Land Act, 1909

🪶 Māori Affairs
9 December 1912
Native Land Court, Native Land Act 1909, Native Land Amendment Act 1912, Rules of Court, Declaring Native a European, Fees
  • Robert Stout, Administrator of the Government