Native Land Court Rules




3244
THE NEW ZEALAND GAZETTE.
[No. 91

  1. No application which has been received and recorded by a Registrar shall be deemed invalid because made in the wrong district, but the Chief Judge may at any time direct any application to be transferred from the district in which it was made to any other district, and the application and all proceedings consequent thereon shall be transferred accordingly.
  2. Every such application shall be signed by the applicant or his solicitor.
  3. Unless directed otherwise by a Judge, the Registrar, if in his opinion the application is not properly made, may return the same to the applicant, and shall not record such application until properly made.
  4. The Registrar shall keep a register, in which shall be recorded all applications properly made and all subsequent proceedings in the Court or the Appellate Court in respect thereof. Each application shall be recorded as of the day on which the same is received.
  5. The Registrar shall endorse on each application a minute, according to the nature of the application, showing all essential particulars for the information of the Court.

Notifying Applications.

  1. Unless otherwise provided by the Act or these Rules, notice of all applications to be dealt with at any sitting of the Court shall be in the form of a schedule to the notice of the sitting of the Court or published in the Kahiti. It shall not be necessary for any such application to be also notified in the Gazette, unless the Registrar or a Judge so directs.
  2. Supplementary notices of matters to be dealt with at an ordinary sitting of the Court may be given from time to time by the Registrar in the Kahiti, and also, if the Registrar or a Judge so directs, in the Gazette. The Registrar may on the application of any party issue a special notification, on payment of the prescribed fee and of such sum as the Registrar may think necessary to defray the cost of printing and circulating the same.
  3. Supplementary notices of matters to be dealt with at a special sitting of the Court may be given from time to time by the Chief Judge in the Kahiti, and also, if he thinks fit, in the Gazette.
  4. A copy of the notice of any sitting of the Court shall be sent by post to each of the applicants whose applications are notified therein, and to such persons as the Registrar thinks necessary, or as a Judge directs.
  5. It shall be the duty of the Registrar to transmit all applications notified to be heard at any sitting of the Court, whether ordinary or special, together with all plans and documents relating thereto, and copies of the notices of the sitting, to the Judge who is to preside at such sitting, whose duty it shall then be to attend at the time and place appointed and hear and determine all matters properly brought before the Court.
  6. Applications which by the Act or by these Rules may be made ex parte may be heard and determined by the Court without notification, at any time and place which a Judge thinks fit.

Applications by the Minister.

  1. Any application by the Minister may be in writing signed by him.

Customary Land.

  1. An application for investigation of title to customary land shall be in the Form No. 1.
  2. Except as provided in the next succeeding rule, the Court shall not proceed with the investigation of the title to customary land until the land is surveyed and the Court has before it an approved plan.
  3. If the land has not been surveyed the Court may proceed with the investigation of title upon a sketch-plan approved by the Chief Surveyor and accepted by the Court as sufficient for the purposes of the investigation.
  4. The Court may, before proceeding to deal with the applications for investigation of title to customary land, require that all claims (whether applications have been lodged or not) for inclusion in the title of such land shall be made in writing to the Court within a time to be fixed by the Court. No claim or application shall be admitted after that time except by leave of the Court, and upon such terms as the Court may determine.
  5. The Court may require that before hearing evidence each party shall state in writing (1) the boundaries of the land he claims; (2) the material grounds of his claim; (3) the genealogical tables showing descent from the ancestor or ancestors through whom title is claimed, and traced down to leading members of such party; and (4) the names and approximate location of cultivations, pas, places of historic interest, and, generally, any signs of occupation. Such statement shall be handed to the Court for its information.
  6. The Court may, if it think fit, at any stage of the proceedings require each party to hand in a list of the names of all persons admitted by him as claiming and entitled with him in respect of his claim.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1914, No 91


NZLII PDF NZ Gazette 1914, No 91





✨ LLM interpretation of page content

🪶 Rules of the Court under the Native Land Act, 1909, and its Amendments (continued from previous page)

🪶 Māori Affairs
24 August 1914
Native Land Act, Rules of Court, Native Land Court, Native Appellate Court, Order in Council