✨ Native Land Court Rules
Dec. 1.
THE NEW ZEALAND GAZETTE.
3709
INVESTIGATION OF TITLE.
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An application for investigation of title to customary land shall be in the form No. 3.
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The Court shall not proceed with the investigation of the title to customary land until the land is surveyed and the Court has before it an approved plan thereof, or an interim or sketch plan (accepted by the Court as sufficient for the purposes of the investigation), describing the land with sufficient accuracy to enable the same to be identified and the boundaries thereof to be correctly laid down on survey.
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The Court may, before proceeding to deal with an application for investigation of title to customary land, require that all claims (whether applications have been lodged or not) for inclusion in the title of such land shall be made in writing to the Court within a time to be fixed by the Court. No claim or application shall be admitted after that time except by leave of the Court, and upon such terms as the Court may determine.
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The Court may require that before hearing evidence each party shall state in writing (1) the boundaries of the land he claims; (2) the material grounds of his claim; (3) the genealogical tables showing descent from the ancestor or ancestors through whom title is claimed, and traced down to leading members of such party; and (4) the names and approximate location of cultivations, settlements, places of historic interest, and generally any signs of occupation. Such statement shall be handed to the Court for its information.
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The Court may at any stage of the proceedings require each party to hand in a list of the names of all persons admitted by him as claiming and entitled with him in respect of his claim.
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Every list of names settled by the Court for inclusion in any order shall have noted thereon a minute showing by whom it was handed in, and shall be signed by the presiding Judge, and dated as of the day on which that list was read out in Court as approved. No alteration shall afterwards be made therein except in open Court, and every alteration shall be initialled by the Judge.
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A freehold order shall be in the form No. 4.
RELATIVE INTERESTS.
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An application for determination of relative interests shall be in the form No. 5.
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An order determining relative interests may be in the form No. 6.
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Relative interests shall, in all cases where it can conveniently be done, be expressed in shares or fractional parts of a share, the whole interest in the land being for that purpose expressed by the number of shares awarded.
PARTITION.
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An application for partition shall be in the form No. 7.
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Any partition order may be in the forms Nos. 8 or 9, as the case may require.
EXCHANGE.
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An application for an order of exchange shall be in the form No. 10, and must be signed by each applicant personally, and each signature shall be attested.
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The applicant who is the owner of an interest in Native land or Crown land proposed to be exchanged shall, if required by the Registrar, supply all necessary information as to the title to such land, and deposit any deeds or documents relating thereto, or certified copies thereof.
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An order of exchange may be in the form No. 11.
SUCCESSION.
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An application for a succession order to land shall be in the form No. 12.
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An order determining succession to land shall be in the form No. 13.
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The Registrar shall attach to each application for succession in respect of land a minute stating whether the deceased person appears on the title as an owner, and, if so, for what relative interest, and whether as an original owner or by succession. Such minute shall also state whether any previous order has been made affecting the interest of such deceased owner.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1916, No 135
NZLII —
NZ Gazette 1916, No 135
✨ LLM interpretation of page content
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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