✨ Native Land Court Rules
8708
THE NEW ZEALAND GAZETTE.
[No. 135
-
A Register for each island shall be kept by the Registrar, in which shall be recorded all applications relating to matters within the jurisdiction of the Court in such island. Each application shall be recorded as of the day on which the same is received, and all subsequent proceedings in the Court in respect thereof shall also be recorded in the Register.
-
The Registrar shall endorse on each application a minute, according to the nature of the application, showing all essential particulars for the information of the Court.
SITTINGS OF COURT.
-
The Court shall sit at such times and places as a Judge shall appoint. An order appointing a time and place for the sitting of the Court shall be in the form No. 1.
-
After the commencement of a sitting the presiding Judge, or in the absence of a Judge the Registrar, or any person authorized by a Judge, may adjourn such sitting from time to time and from place to place, whether such time or place is specified in the order made under the last rule 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 respectively to any other sitting, or sine die.
-
In the absence of special directions from a Judge, notice of all applications and of the sittings of the Court shall be in the form No. 2, and shall be inserted in both English and Native language in the Cook Islands Gazette, or shall be posted on a notice-board outside the Courthouse or other place where the sitting of the Court is to be held.
-
A copy of the notice of any sitting of the Court may be sent to any applicant whose application is notified therein, and to such persons as the Registrar thinks necessary or as a Judge directs.
-
It shall be the duty of the Registrar to transmit all applications notified to be heard at any sitting of the Court, whether ordinary or special, together with all plans and documents relating thereto, and copies of the notices of the sitting, to the Judge who is to preside at such sitting, whose duty it shall then be to attend at the time and place appointed and hear and determine all matters properly brought before the Court.
-
Applications which by the Act or by these rules may be made ex parte may be heard and determined by the Court without notification, at any time and place which a Judge thinks fit.
PROCEDURE AT HEARING.
-
If more than one Judge is present at a sitting of the Court the senior Judge shall preside. It shall be the duty of the Judge, or of one of the Judges if more than one is present, to record the proceedings of the Court and the evidence in a minute-book to be provided for the purpose, which book shall be a record of the Court, and shall be retained in the custody of the Registrar.
-
The Court may, in its discretion, deal with the subject-matter of any application wholly or in part or parts, and make separate orders in respect of such part or parts, or dismiss any application, or grant leave to extend, or amend, or withdraw any application wholly or in part, upon such terms as the Court thinks fit.
-
The Court may, as it thinks fit, arrange the order in which the parties shall be heard.
-
A minute signed by the presiding Judge shall be placed on every plan or other paper produced in evidence, specifying the proceedings in which, and the person by whom, the same was produced and the date of production.
-
The Court may dismiss any application on the ground of non-appearance of the applicant or for want of proper prosecution; and upon such dismissal being recorded in the minute-book the application shall be discharged from further consideration of the Court, and shall be noted accordingly in the records of the Court. Such dismissal shall be without prejudice to the right of the applicant to make another application in respect of the same matter.
-
The Court may arrange the order of its business, and determine the procedure in matters not specially provided for in these rules, as it thinks fit.
APPLICATIONS BY THE MINISTER.
- Any application by the Minister may be in writing signed by him or, on his behalf, by the Resident Commissioner.
Next Page →
Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1916, No 135
NZLII —
NZ Gazette 1916, No 135
✨ LLM interpretation of page content
🪶
Rules of the Native Land Court under the Cook Islands Act, 1915
(continued from previous page)
🪶 Māori Affairs27 November 1916
Rules, Native Land Court, Cook Islands Act, 1915, Court Procedures, Fees, Jurisdiction