Native Land Court Rules




Aug. 27.] THE NEW ZEALAND GAZETTE. 3253

Miscellaneous.

  1. A warrant under section 39 of the Act may be in the Form No. 72.
  2. An order under section 41 of the Act may be in the Form No. 73.
  3. All notices and other documents required by these Rules to be sent or given to any person by the Registrar may, except where personal service is expressly provided for, be sent by post, addressed to the usual or last known residence or place of business of that person, and shall thereupon be deemed to have been duly sent or given to that person whether actually received by him or not.
  4. Non-compliance with any of these Rules shall not render any proceeding void unless the Court or the Appellate Court so directs; but such proceeding may be set aside, either wholly or in part, as irregular, or may be amended or otherwise dealt with in such manner and upon such terms as the Court or the Appellate Court thinks fit.
  5. The offices of the Court and of the Appellate Court shall, except on Sundays and holidays, be open for public business from 10 a.m. to 1 p.m. and from 2 p.m. to 4 p.m., but on Saturdays they shall be closed at 12 noon.
  6. The following days shall be holidays in the Court and Appellate Court, and in the offices thereof, that is to say: The days from Good Friday to Easter Tuesday, both inclusive; the days from Christmas Eve to the 6th January, both inclusive; the birthday of the reigning Sovereign; the birthday of His Royal Highness the Prince of Wales; and in each district the anniversary of the establishment of the province. Judges and officers of the Court at a distance from their homes will be allowed the necessary additional time to proceed to their homes at the Christmas vacation, and thereafter to return to their several stations

Native Land Court Districts.

  1. In case of the absence, illness, or incapacity of the Registrar of any Native Land Court district, or when there is no such Registrar, any other Registrar may, with the consent of the Native Minister or of the Chief Judge, exercise in or in respect of that district any or all of the powers conferred upon a Registrar of the Native Land Court or Native Appellate Court by the Act or these Rules.
  2. The records, plans, and other documents of the Native Land Court and the Native Appellate Court shall be deposited and kept, and the administrative work of those Courts shall be carried on at the office of the Registrar of the appropriate Native Land Court district.

Declaring a Native to be a European.

  1. An application by a Native to be declared a European shall be in Form No. 74.
  2. Every application shall be in duplicate, and shall be lodged with the Registrar of the district in which the applicant has resided for a period of not less than six months prior to the date of the application.
  3. The Registrar of the district shall forward to the Under-Secretary, Native Department, the duplicate copy of each application, for the information of the Native Minister.
  4. The applicant shall lodge with the Registrar a statutory declaration to the effect that he or she is qualified under paragraph (a) of subsection (4) of section 17 of the Native Land Amendment Act, 1912. Such declaration shall be in Form No. 75.
  5. The applicant shall lodge with the Registrar a certificate setting out in detail all lands to which he or she has a registered title, either as owner or occupier. Such certificate shall be in Form No. 76, and shall be certified to as being correct by an officer of the Land Transfer Department or a solicitor.
  6. In the event of the applicant not having sufficient land for his adequate maintenance, then he or she shall obtain and lodge a declaration signed by a responsible person that the applicant is able to adequately maintain himself or herself by some special profession, trade, or calling, or that he or she has a sufficient income for adequate maintenance. Such declaration shall be in Form No. 77.
  7. Notification of applications shall be as provided for by Rules 11 to 16 of the Rules of the Court.
  8. A recommendation of the Court may be in Form No. 78, and the Registrar shall forward the original to the Under-Secretary, Native Department.

Cases not provided for.

  1. If any case arises for which no form of procedure has been provided by these Rules the Court before which such case arises shall deal with the same as nearly as may be in accordance with the rules affecting any similar case; or, if there are no such rules, in such manner as such Judge deems best calculated to promote the ends of justice until a new rule or new rules are made.


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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





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