Native Land Court Rules




Dec. 1. THE NEW ZEALAND GAZETTE. 3711

INJUNCTIONS.

  1. An application for an injunction under section 409 of the Act may be in the form No. 24, and the order made upon such application may be in the forms Nos. 25 or 26 ; and an order under this rule may be made either ex parte or otherwise, as the Court thinks fit, according to the urgency of the case.

  2. An injunction granted may be dissolved at any time thereafter on proper application made to the Court by the person against whom the injunction has been granted, and upon such notice to the person upon whose application the injunction was granted, as the Court thinks fit.

ROADS.

  1. If upon or before the hearing of an application for investigation of title or partition a Judge of the Court is of opinion that a scheme of roading is necessary for the use of and for giving access to subdivisions of the land, he may requisition a surveyor or other proper person to report what road-lines are required to be laid off, and the estimated cost of surveying such road-lines. Upon receipt of such report the Judge may, if he is of opinion that the estimated cost is reasonable, requisition the survey of same. Before applying to the surveyor or such person for a report as aforesaid, a Judge may require such sum of money to be deposited by the applicant or Native owners as may seem to him sufficient to cover the cost of and incidental to any preliminary survey required for such report. The surveyor or such person may, pending a proper survey of such road-lines, submit to the Court a sketch-plan showing approximately the proposed road-lines, and the Court may proceed with the application for investigation or partition upon such sketch-plan, or refuse to proceed until a proper survey has been made.

ORDERS.

  1. It shall be the duty of the Registrar, without any unnecessary delay, to draw up and complete as far as possible, and where necessary, all orders made by the Court. Such orders, if unsigned, shall be initialled by the Judge, or one of the Judges making the same.

  2. Nothing in these rules contained shall restrict the power of the Court to make interlocutory orders in respect of any matter as to which the Court is empowered to make a final order.

  3. No freehold order or partition order shall be signed and sealed unless the plan upon which such order is based has been signed as “approved” by a Judge, and a diagram in accordance therewith has been endorsed on the order.

  4. No order or other instrument of title shall be delivered to the person entitled thereto until all fees due to the Court in respect thereof, and all moneys due for the survey of the land the subject thereof, shall have been fully paid or satisfied.

WITNESSES.

  1. A summons to witnesses shall be in the form No. 27, and may be addressed to any number of persons not exceeding three.

  2. Service of a summons shall be personal, but a Judge may direct that service in any particular case may be made in such other manner as will, in his opinion, be sufficient to bring the summons to the knowledge of the witness whose attendance is required.

  3. Personal service may be effected by leaving with the witness a copy of the summons sealed with the seal of the Court, but it shall not be necessary to show the original summons.

  4. If proof of service is required, the person effecting service of a summons shall forward the original summons to the Judge who signed the same, with a statement of the manner and of the time and place of service endorsed thereon, and signed by that person, with the addition of his place of residence.

  5. The expenses of witnesses summoned to attend may be allowed according to the scale in the Second Schedule.

REHEARINGS.

  1. An application for rehearing under section 390 of the Act may be made to the Judge in open Court, or in writing, lodged with the Registrar, in the form No. 28.

  2. The Judge may require notice of the application to be given in such manner and to such persons as he thinks fit.

  3. If the application is granted, the rehearing may take place either before the same or any other Judge, and either at the same



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1916, No 135


NZLII PDF 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 Affairs
27 November 1916
Rules, Native Land Court, Cook Islands Act, 1915, Court Procedures, Fees, Jurisdiction