Native Land Court Rules




Aug. 27.] THE NEW ZEALAND GAZETTE. 3245

  1. Every list of names settled by the Court for inclusion in any order shall have noted thereon a minute showing by whom it was handed in, and shall be signed by the presiding Judge, and dated as of the day on which that list was read out in Court as approved. No alteration shall afterwards be made therein except in open Court, and every alteration shall be initialled by the Judge.
  2. A freehold order shall be in the Form No. 2.

Ascertainment of Equitable Owners.

  1. An application for an Order in Council authorizing the Court to exercise jurisdiction under Part V of the Act shall be forwarded to the Native Minister, and shall state the material grounds of the application.
  2. The Native Minister may refer such application to the Chief Judge to report thereon.
  3. An order made in exercise of jurisdiction under Part V of the Act may be in the Form No. 3.

Partition.

  1. An application for partition shall be in such one of the Forms No. 4, No. 5, or No. 6, as the case may require.
  2. If upon or before the hearing of an application for partition a Judge of the Court is of opinion that a scheme of roading is necessary for the use of and for giving access to subdivisions of the land, he may requisition the Chief Surveyor to report what road-lines are required to be laid off and the estimated cost of surveying such road-lines. Upon receipt of such report the Judge may, if he is of opinion that the estimated cost is reasonable, requisition the survey of same. Before applying to the Chief Surveyor for a report as aforesaid, a Judge may require such sum of money to be deposited by the applicant or Native owners as may seem to him sufficient to cover the cost of and incidental to any preliminary survey required for such report.
  3. The Chief Surveyor may, pending a proper survey of such road-lines, submit to the Court a sketch-plan showing approximately the proposed road-lines, and the Court may proceed with the partition upon such sketch-plan, or refuse to proceed until a proper survey has been made.
  4. The Court may refuse to proceed with the further partition of any land until the survey of any former partition has been completed and an approved plan thereof furnished to the Court.
  5. No partition order shall be made in favour of any person claiming Native freehold land by virtue of an alienation unless the instrument of alienation upon which the claim is based has been duly confirmed.
  6. If the land in respect of which application for partition is made is vested in a Maori Land Board, or administered by any such Board under Part XVI of the Act, or vested in the Public Trustee as a Native reserve, the Registrar shall send notice of the application to the Board or Public Trustee, who shall thereupon notify the Registrar whether the Board or Public Trustee consents or does not consent to the exercise of jurisdiction by the Court under Part VI of the Act. Until receipt of notice from the Board or Public Trustee the Registrar shall take no further proceedings in respect of the application.
  7. If the Board or Public Trustee does not consent to the exercise of jurisdiction by the Court as aforesaid, the application shall be deemed not to have been properly made, and shall be returned by the Registrar to the applicant, together with the fee, if any.
  8. If the Board or Public Trustee consents to the exercise of jurisdiction the application shall be notified for a sitting of the Court, and the Court may deal with the same.
  9. Any partition order may be in the Forms Nos. 7, No. 7A, No. 8, or No. 8A, as the case may require.

Roads or Rights of Way.

  1. An application for road access or private right of way under sections 49 and 50 of the Native Land Amendment Act, 1913, may be in the Form No. 9.
  2. Every such application may be accompanied by a plan showing the proposed road or private way.
  3. Every consent by a lessee to any such access or right of way shall be attested by a solicitor, a Justice of the Peace, a Postmaster, or an officer of the Native Land Court.
  4. An order under sections 49 and 50 of the Native Land Amendment Act, 1913, may be in the Form No. 10.
  5. Every consent required under section 52 of the Native Land Amendment Act, 1913, shall be attested as provided by Rule No. 40.
  6. An order made under section 52 of the Native Land Amendment Act, 1913, may be in the Form No. 11.
  7. An order of exchange under section 52 of the Native Land Amendment Act, 1913, may be in the Form No. 12.


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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