Native Land Act Rules




Aug. 27.] THE NEW ZEALAND GAZETTE. 3247

  1. The applicant or applicants and the child proposed to be adopted shall attend personally before the Court on the hearing of the application; but the Court may, in its discretion, dispense with such personal attendance.
  2. The order of adoption shall be in the Form No. 30.
  3. An application under section 169 for the annulment of an order of adoption shall be in the Form No. 31, and shall set forth the grounds upon which the amendment is sought.
  4. The order of annulment shall be in the Form No. 32.
  5. The Registrar shall cause a minute of every order made under Part IX of the Act to be gazetted.

Persons under Disability.

  1. An application for an order to appoint a trustee for a person under disability shall be in the Form No. 33.
  2. The order appointing a trustee may be in the Form No. 34.
  3. A certificate by a Judge under section 178 of the Act may be in the Form No. 35.
  4. An application by a trustee under Part X of the Act for leave to borrow money for the purposes of the trust, or for an order for the payment of expenditure of any of the revenues or proceeds of the trust property to or for the benefit of the beneficiary, or for directions in relation to the administration of the trust property, or an application under section 29 of the Act, may be made ex parte, and may be heard and determined by the Court at any time and place. The Court may forthwith grant leave, or make any order, or give such directions as it may think fit, or may require such notices to be given, or inquiries made, or such evidence produced as the nature of the case may require.

Relative Interests.

  1. An application for determination of relative interests shall be in the Form No. 36.
  2. An order determining relative interests may be in the Form No. 37.
  3. Relative interests shall, in all cases where it can conveniently be done, be expressed in shares or fractional parts of a share, the whole interest in the land being for that purpose expressed by the number of shares awarded.

Pecuniary Claims.

  1. Notwithstanding anything contained in section 15 of the Act, no claim for damages or other pecuniary claim under section 24 of the Act shall be heard and determined by the Court except upon an application made in that behalf in accordance with Rule 3.
  2. Notice of every such application shall be given to the person against whom the claim is made (hereinafter called the defendant) in manner directed by a Judge, and not less than fourteen days before the day gazetted for the sitting of the Court at which the application is to be heard.
  3. It shall not be necessary for the defendant in any such proceeding to file any statement of defence.
  4. Subject to the provisions of this Act and of these Rules, every such application shall be heard and determined in the same manner, with all necessary modifications, as if it was an action for the recovery of damages in a Magistrate’s Court under the Magistrates’ Courts Act, 1908.

Injunctions.

  1. An application for an injunction under section 24 of the Act may be in the Form No. 38, and the order made upon such application may be in the Forms Nos. 39 or No. 40; and an order under this Rule may be made either ex parte or otherwise, as the Court thinks fit, according to the urgency of the case.
  2. An injunction granted ex parte may be dissolved at any time thereafter on application made to the Court by the person against whom the injunction has been granted.

Incorporation of Native Owners.

  1. Every application for an order of incorporation (other than an application by a Maori Land Board under Part XVIII of the Act) shall be in the Form No. 41.
  2. The consent of the owners to the making of an order of incorporation may be evidenced by their signatures to the application, or by a consent in the Form No. 42, signed by the owners consenting.
  3. The signature of each owner so signing the application or form of consent shall be attested either by some person certified by a Judge as a fit and proper person for the purpose, or by one of those persons whose attestation is required by section 134 of the Act in the case of a will made by a Native.
  4. An application for an order of incorporation by a Maori Land Board under Part XVIII of the Act shall be in the Form No. 43.


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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