May 7.] THE NEW ZEALAND GAZETTE. 1949

And whereas Ernest Tamihana Sutherland, of Raetihi, being a Native within the meaning of the Native Land Act, 1909, applied in the prescribed form for a recommendation of the Court that he might be declared a European: And whereas the said Court, having duly inquired into the said application, has recommended that an Order in Council be issued declaring the said Ernest Tamihana Sutherland to be a European: And whereas it is expedient that such declaration should be made:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authority conferred on him by section seventeen of the Native Land Amendment Act, 1912, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby declare the said Ernest Tamihana Sutherland to be a European.

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.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of April, 1914.

Present:

THE HONOURABLE W. H. HERRIES 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 aforementioned Act:

And whereas it is expedient that authority be granted for the acquisition, alienation, or disposition of the land mentioned 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 of the said Dominion, doth hereby authorize the acquisition, alienation, or disposition of the land mentioned 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 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.

Conferring Jurisdiction on Native Land Court.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of April, 1914.

Present:

THE HONOURABLE W. H. HERRIES PRESIDING IN COUNCIL.

WHEREAS by section one hundred and three of the Native Land Act, 1909, it is enacted that the Native Land Court shall not proceed to exercise in respect of any land the jurisdiction conferred by Part V of that Act, unless authorized by Order in Council so to exercise the same in respect of that land: And whereas it is expedient that the Court should be authorized to exercise jurisdiction in respect of the land described in the Schedule hereto:

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 authorize the said Court to exercise, in respect of the said land, the jurisdiction conferred as aforesaid—that is to say, to determine whether or not the said land, or any part thereof, was, on ascertainment of the Native customary title thereto, intended by the Native Land Court or by the nominal owner or owners to be held in trust for persons not named in the title, and to determine who (if any) are the persons entitled beneficially to the land, and the relative interests of all persons so entitled; and to order the inclusion of those persons in the title, either together with or in lieu of the nominal owners; and, if necessary or expedient, to partition the said land among the persons so found entitled; and for the purposes aforesaid to order the cancellation or amendment of any existing instrument of title, and the issue of such new instruments of title as may be necessary, and generally to exercise in respect of the said land all the jurisdiction conferred upon the Native Land Court by Part V of the Native Land Act, 1909.

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.

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

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of April, 1914.

Present:

THE HONOURABLE W. H. HERRIES 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 after 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 twenty-third day of January, one thousand nine hundred and seven, appointing successors to the interest of Tawhiao, deceased, in Tangirau 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.