✨ Native Land Act Rules
3246
THE NEW ZEALAND GAZETTE.
[No. 91
Exchange.
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An application for an order of exchange shall be in the Form No. 13.
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The applicant who is the owner of an interest in European land proposed to be exchanged shall, if required by the Registrar, supply all necessary information as to the title to such land, and furnish such certified copies of or extracts from the Land Transfer Register, or the Register of Deeds, as may be requisite for that purpose.
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Every application for exchange shall be accompanied by certificates showing the latest Government valuation (if any) of the lands proposed to be exchanged.
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An order of exchange may be in the Form No. 14.
Consolidation of Interests.
- An application by the Native Minister under section 130 of the Act shall be lodged with the Registrar and gazetted. It shall be the duty of the Registrar to circulate copies of the Kahiti containing the notification among as many as practicable of the owners of the lands affected.
Succession.
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An application for a succession order shall be in the Form No. 15.
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A succession order may be in the Form No. 16.
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An application by the Commissioner of Stamps for enforcement of a charge for Native succession duty under the Death Duties Act, 1909, may be in the Form No. 17.
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The order appointing a Receiver upon such application may be in the Form No. 18.
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An application under section 140 or section 141 of the Act may be in the Form No. 19.
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On making any order under section 68 of the Native Land Amendment Act, 1913, the Judge shall ascertain as far as possible the lands to which the deceased was entitled, and shall endorse on such order particulars thereof. It shall be the duty of the Registrar to enter on each office file pertaining to the said land particulars of any such succession order.
Probate and Administration.
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An application to the Court for grant of probate or letters of administration with will annexed shall be in the Forms No. 20 or No. 21. The applicant must at the time of lodging the application deposit with the Registrar the will in respect of which the application is made, and a translation thereof if in the Maori language, and also two copies of the will and translation.
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The applicant shall also attach to the application a schedule of the lands affected.
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Every person making application for grant of probate or for letters of administration, with or without the will annexed, shall be required to file statutory declarations by some person or persons having knowledge of the facts deposed to in the Forms Nos. 22 and 23.
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Grant of probate or of letters of administration with will annexed, or of letters of administration, may be in the Forms Nos. 24, 25, and 26 respectively.
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Every will or alleged will in respect whereof application is made to the Court shall remain in the custody of the Registrar, and a minute of the grant or refusal of probate or letters of administration shall be noted thereon by the Judge.
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Every person other than the Public Trustee to whom letters of administration, with or without the will annexed, are granted shall, before obtaining the same, give security in the Form No. 27 for the proper administration of the estate of the deceased.
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Every person to whom letters of administration are granted shall, before obtaining the same, make a statutory declaration in the Form No. 23.
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Every executor or administrator shall, within such respective periods as the Court on granting probate or administration shall direct, or within such further periods as a Judge on application may thereafter direct, lodge with the Registrar an inventory of the estate and effects of the deceased, and also a full and distinct account in writing of his administration of the estate, which shall set forth the dates and particulars of all receipts and disbursements. Every inventory and account so filed shall be verified by statutory declaration.
Adoption of Children.
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An application for the adoption of a child under Part IX of the Act shall be in the Form No. 23, and shall be signed by the adopting parent or parents.
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The consent of the parents or parent of the child proposed to be adopted may be given either in writing or in open Court, and if in writing shall be in the Form No. 24, and shall be executed in the manner provided by section 420 of the Act in the case of instruments by way of security. The consent in writing may be lodged with the Registrar at any time up to the date of the sitting of the Court at which the application is to be dealt with, and thereafter as the Court may direct; but notwithstanding the lodging of such consent the Court may require the personal attendance of such parent or parents.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1914, No 91
NZLII —
NZ Gazette 1914, No 91
✨ LLM interpretation of page content
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Rules of the Court under the Native Land Act, 1909, and its Amendments
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🪶 Māori Affairs24 August 1914
Native Land Act, Rules of Court, Native Land Court, Native Appellate Court, Order in Council