✨ Native Land Court Rules
Aug. 27.] THE NEW ZEALAND GAZETTE. 3251
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If the appellant fails to prosecute his appeal the Appellate Court may dismiss the same on such terms as to costs or otherwise as it thinks fit. The Appellate Court may, in its discretion, allow the appeal to be reinstated at any time during the same sitting, or any adjournment thereof, on such terms as it thinks fit.
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The Appellate Court may allow an appellant to withdraw his appeal in whole or in part, and may therefore dismiss the appeal in whole or in part on such terms as it thinks fit.
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Minutes of the proceedings shall be kept by one of the Judges hearing the appeal in a minute-book to be provided for the purpose, which shall be a record of the Appellate Court, and shall be retained in the custody of the Registrar.
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The Appellate Court may arrange the order of its business, and determine the procedure to be adopted in any matter not specially provided for in these Rules, as it may think fit.
MISCELLANEOUS.
Sittings.
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Before the 1st day of April in each year, or so soon thereafter as is practicable, the Chief Judge shall submit for the approval of the Native Minister a schedule of the times and places at which it is proposed to hold sittings (hereinafter called ‘‘ordinary sittings’’) of the Court. When approved by the Native Minister such schedule shall be gazetted, and the times and places of the ordinary sittings of the Court shall, subject to the powers of adjournment hereinafter provided, be determined in accordance with that schedule.
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At least fourteen days before the day of the commencement of each sitting as so determined a notice thereof shall be gazetted.
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The Chief Judge may, with the approval of the Native Minister, appoint a time and place for a special sitting of the Court, at which only such business may be taken as the Chief Judge may direct to be notified.
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Notice of a special sitting of the Court shall be gazetted at least seven days before the commencement of that sitting.
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The Chief Judge may, at any time and from time to time before the commencement of any sitting of the Court, adjourn such sitting to some later date or to some other place, whether such date or place is specified in the schedule of sittings or not, and the Registrar shall thereupon notify such adjournment in such manner as the Chief Judge directs.
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Any person authorized by the Chief Judge or by a Judge may open and adjourn any sitting or adjourned sitting of the Court.
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After the commencement of a sitting the Court or the presiding Judge, or, in the absence of a Judge, any person authorized by the Judge, may adjourn such sitting from time to time and from place to place, whether such time or place is specified in the schedule of sittings or not, or may so adjourn any part or parts of the business notified to be dealt with at any such sitting, or adjourn the same to any other sitting or sine die.
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Rules 151 to 157 shall apply to the Appellate Court.
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Notwithstanding anything in these Rules, a sitting of the Court may, without notification, be held at any time and place which a Judge thinks fit, but no matter shall be heard or determined at any such sitting other than a matter which, in accordance with the Act or with these Rules, may be heard and determined ex parte.
Taxation of Costs.
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Any party entitled to costs subject to taxation may obtain from the Registrar an appointment for taxation of such costs. Notice of the appointment shall be served on such persons (if any) as the Registrar requires.
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The party claiming taxation shall at the time of obtaining such appointment lodge with the Registrar a full and detailed bill of the fees, charges, and disbursements claimed, and shall serve copies thereof upon such persons and in such manner as the Registrar requires.
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Such bill shall be supported by vouchers wherever possible; and if extra expenses which do not appear on the face of the proceedings, such as witnesses’ expenses, are claimed a statutory declaration shall be filed showing that these expenses were necessary and proper under the circumstances.
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The Registrar shall at the time and place appointed proceed to tax such bill, and shall report to the Court, or Appellate Court, as the case may be, what in his opinion would be a fair amount of costs to allow under the circumstances.
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The Court, or the Appellate Court, may, if it appears that the Registrar has decided erroneously, whether as to amount or principle, refer the bill back to the Registrar with directions to review his report and make such alteration in it as may be requisite.
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Whether taxation has been directed or not, the Court or Appellate Court may at any time fix the amount of costs payable in any matter.
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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
(continued from previous page)
🪶 Māori AffairsNative Land Act, Rules of Court, Native Land Court, Appeals, Appellate Court, Security, Dismissal, Withdrawal, Hearing