Dec. 1.] THE NEW ZEALAND GAZETTE. 3707

Rules of the Native Land Court under the Cook Islands Act, 1915.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this twenty-seventh day of November, 1916.

Present:

His Excellency the Governor in Council.

WHEREAS by section three hundred and seventy-eight of the Cook Islands Act, 1915, it is enacted that the Governor in Council may from time to time make such Rules of Court as are consistent with the said Act for regulating the practice and procedure of the Native Land Court in all matters within its jurisdiction, and prescribing the fees payable in respect of the proceedings of that Court, and for determining the times and places of the sittings of that Court:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred upon him as aforesaid, and of all other powers and authorities conferred upon him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the Rules of Court following for the purposes of the said Act; and it is ordered that all Rules of the Cook and other Islands Land Titles Court made heretofore are hereby revoked.

RULES OF COURT.

1. In these rules, unless a contrary intention appears,—

“ The Act ” means the Cook Islands Act, 1915, and its amendments, excepting where the context requires a different construction:

“ The Court ” means the Native Land Court of the Cook Islands:

“ Registrar ” means, with respect to any proceedings, the Registrar of the Native Land Court, and includes a Deputy Registrar.

All other terms used in these rules have the same signification as when used in the Act, unless a contrary intention appears.

FORMS AND ATTESTATION.

2. The forms prescribed by these rules for use in the proceedings of the Court are those set forth in the First Schedule hereto, and indicated by the corresponding numbers therein. The forms may be used with such modifications as the case may require, and if no form is prescribed by these rules, then such form may be used as a Judge may direct or approve. In any case an equivalent form in the Native language may be used, and shall be sufficient.

3. Where the rules require that the signature to any application or other document shall be attested, such signature must be attested by a Judge or Registrar of the Native Land Court or of the High Court, or by a Resident Commissioner, Resident Agent, Collector of Customs, or Medical Officer.

COMMENCEMENT OF PROCEEDINGS.

4. Unless otherwise provided by the Act or by these rules, every proceeding shall be commenced by application in writing forwarded to or lodged with the Registrar. Applications affecting land in the Island of Niue shall be forwarded to or lodged with the Registrar stationed in that island. All other applications shall be forwarded to or lodged with the Registrar stationed in the Island of Rarotonga. Applications may be received by the Resident Agent at any island on behalf of and for transmission to the Registrar.

5. Every application must be signed by the applicant, or by his agent duly authorized in that behalf, and must, if the Registrar shall so require, be attested.

6. Unless directed otherwise by a Judge, the Registrar, if in his opinion the application is not properly made, may return the same to the applicant, and shall not record such application until properly made.

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