New Zealand Gazette – 1914 – No. 91

Page 3252

✨ Native Land Act Rules



3252
THE NEW ZEALAND GAZETTE.
[No. 91

  1. The order for payment of costs or imposing a charge for costs under section 22 of the Act may be in the Form No. 63.

Amendments.

  1. Every amendment made under section 27 or section 58 of the Act, or under section 59 of the Native Land Amendment Act, 1913, shall be assigned by the Judge making the same, or the Chief Judge, as the case may be, at the time of making the same, and shall specify the date on which the same is made.

  2. If a copy of the order in respect of which amendment is made has been filed in the Supreme Court under section 30 of the Act, a certified copy of the amendment shall be forthwith transmitted to the Registrar of the Supreme Court.

Receivers.

  1. The order appointing a receiver under section 31 of the Act may be in the Form No. 64.

  2. Before making any such order it shall be the duty of the Court or the Appellate Court to ascertain, in such manner as it thinks fit, whether the person or Board proposed to be appointed as receiver consents to such appointment, and no such order shall be signed and sealed until such consent is obtained.

  3. By any order appointing a receiver, or by any subsequent order, the Court making the same may prohibit or restrict, in such manner as it thinks fit, the exercise by the receiver of any powers which would otherwise be vested in him, and such Court may at any time remove or vary any such prohibition or restriction. The Court may by any such order require any receiver other than the Public Trustee or a Maori Land Board to give security for the due execution of his duties.

Surveys.

  1. Where any land has been subdivided, either on original investigation or on partition, it shall be the duty of the Court to transmit to the Chief Surveyor a description of the boundaries, and all other information necessary to enable the survey of such subdivision to be proceeded with.

  2. A certificate by the Chief Surveyor under section 397 of the Act, and section 53 of the Native Land Amendment Act, 1913, shall be in the Form No. 65, and shall contain a statement of the date of the completion of the survey.

  3. A charging order or an order varying such order may be in the Forms No. 66 and No. 67 respectively.

  4. An order under section 399 of the Act, vesting land in His Majesty the King, may be in the Form No. 68, and an order under section 400 may be in the Form No. 69.

  5. A surveyor employed as an assessor under section 56 of the Native Land Amendment Act, 1913, shall be paid at the rate of £3 3s. per diem for the first five days, and at the rate of £2 2s. per diem for the remaining period, such payment to be a charge on the land in respect of which such assessor was employed.

Application under Section 208.

  1. An application under section 208 of the Act shall be in the Form No. 70, and the order upon such application may be in the Form No. 71.

Fees.

  1. The fees set out in the Second Schedule are hereby prescribed as the fees to be paid in respect of the proceedings of the Court and of the Appellate Court respectively.

  2. No application shall be received or recorded, and no proceedings shall be taken in respect thereof, unless the prescribed fee has been paid.

  3. If it appears to the satisfaction of a Judge that any person is unable to pay, or ought not to be called upon to pay, any fee, it shall be lawful for the Judge to dispense with the payment thereof, or any part thereof, subject to such terms as he thinks fit.

  4. Where fees are due in respect of any land which has been partitioned, the Registrar may apportion such fees amongst the several parcels of such land, and the amount due in respect of each parcel shall be noted on the partition order, and shall be payable accordingly.

  5. The Court, or Appellate Court, or any Judge or Registrar may decline to proceed in any case, or to do any act in relation to land in respect of which fees are due for any former act done in relation to such land, until those fees have been paid.

  6. The Judge signing any order shall note in the margin thereof the amount of fees accrued in the matter of that order, specifying such as have been paid.

  7. An account of all fees accrued in respect of matters coming before the Court shall be kept by the Clerk of the Court, who at the end of every month shall furnish such account, signed by him and countersigned by the Judge, to the Receiver-General, and shall send a copy thereof to the Registrar of the district in which those fees have accrued, specifying such as have been paid.

  8. No application fee shall be payable on any application by the Native Minister.

  9. No fees shall be charged in respect of any application or order made under section 92 of the Native Land Amendment Act, 1913.



Next Page →



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
Native Land Act, Rules of Court, Native Land Court, Appeals, Appellate Court, Security, Dismissal, Withdrawal, Hearing, Costs, Amendments, Receivers, Surveys, Fees