3002
THE NEW ZEALAND GAZETTE.
[No. 77

Including Additional Land in the Bay of Islands Development Scheme.

Office of the Native Minister,
Wellington, 17th October, 1931.

WHEREAS notice was published in the Gazette of the 25th September, 1930, that the Native Minister has decided to apply the provisions of subsection (3) of section 23 of the Native Land Amendment and Native Land Claims Adjustment Act, 1929, to Te Ahuahu and other blocks of Native land or land owned by Natives in the Tokerau Native Land Court District: And whereas the Native Minister has now decided that the Native land or land owned by Natives set out in the Schedule hereto shall be subject to the provisions of subsection (3) of the said section 23, and shall be included in and form part of the Bay of Islands Development Scheme. Notice of the Native Minister’s intention is hereby given and published in accordance with the said subsection (3), which provides that no owner shall, except with the consent of the Native Minister, be entitled to exercise any rights of ownership in connection with the land affected so as to interfere with or obstruct the carrying-out of any works undertaken or to be undertaken under the said subsection (3).

SCHEDULE.

The following lands situate in the Motatau Survey District, in the Tokerau Native Land Court District :—

Section 1, Block V, Motatau Survey District: Approximate area, 439 acres.

Section 2, Block V, Motatau Survey District: Approximate area, 438 acres 3 roods.

Section 3, Block V, Motatau Survey District: Approximate area, 356 acres 2 roods.

Section 4, Block V, Motatau Survey District: Approximate area, 373 acres.

A. T. NGATA, Native Minister.

Extension to New Zealand of Convention between the United Kingdom and Sweden respecting Legal Proceedings in Civil and Commercial Matters.

Department of Justice,
Wellington, 15th October, 1931.

IT is hereby notified for general information that the Convention between the United Kingdom and Sweden regarding Legal Proceedings in Civil and Commercial Matters, signed at London on the 28th day of August, 1930, and in respect of which ratifications were exchanged at London on the 16th day of January, 1931, has been extended to the Dominion of New Zealand pursuant to the provisions of Article 15 of the said Convention, as from the 27th day of August, 1931.

The authority to which requests for service or for the taking of evidence are to be transmitted is the Supreme Court of New Zealand, and communications should be addressed to the Registrar of the Supreme Court at Wellington in the English language.

The text of the said Convention is set out hereunder.

JOHN G. COBBE, Minister of Justice.

CONVENTION.

His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, and His Majesty the King of Sweden.

Being desirous to render mutual assistance in the conduct of legal proceedings, in their respective territories, in civil and commercial matters which are being dealt with or which may possibly be dealt with by their respective judicial authorities have resolved to conclude a Convention for this purpose and have appointed as their Plenipotentiaries :—

His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India.

For Great Britain and Northern Ireland—

The Right Honourable Arthur Henderson, M.P., His Principal Secretary of State for Foreign Affairs :

His Majesty the King of Sweden :

Baron Eric Gyllenstierna, His Charge d’Affaires ad interim in London :

Who, having communicated their full powers, found in good and due form, have agreed as follows :—

I.—PRELIMINARY.

Article 1.

(a) This Convention applies only to civil and commercial matters, including non-contentious matters.

(b) In this Convention the words “territory of one (or of the other) High Contracting Party” shall be interpreted as meaning at any time any of the territories of such High Contracting Party to which the Convention at that time applies.

II.—SERVICE OF JUDICIAL AND EXTRA-JUDICIAL DOCUMENTS.

Article 2.

When judicial or extra-judicial documents drawn up in the territory of one of the High Contracting Parties are required to be served on persons, partnerships, companies, societies, or other corporations in the territory of the other High Contracting Party, such documents may be served on the recipient whatever his nationality, in the manner provided in Article 3.

Article 3.

(a) A request for service shall be addressed by a Consular Officer of the High Contracting Party, from whose territory the documents to be served emanate to the competent authority of the country where the documents are to be served, requesting such authority to cause the documents to be served. The request shall be sent by such Consular Officer to such authority.

(b) The request for service shall be drawn up in the language of the country where service is to be effected.

The request for service shall state the full names and descriptions of the parties, the full names, address, and description of the recipient, and the nature of the document to be served, and shall enclose the documents to be served in duplicate.

(c) The document to be served shall either be drawn up in the language of the country in which it is to be served, or be accompanied by a translation in such language. Such translation shall be certified as correct by a Consular Officer of the High Contracting Party from whose territory the document emanates.

(d) Requests for service shall be addressed and sent :—

In Sweden to the Governor of the Province in which service is to be effected.

In England to the Senior Master of the Supreme Court of Judicature.

If the authority to whom a request for service has been sent is not competent to execute it, such authority shall of his own motion transmit the document to the competent authority of his own country.

(e) Service shall be effected by the competent authority of the country where the document is to be served, who shall serve the document in the manner prescribed by the municipal law of such country for the service of similar documents, except that, if a wish for some special manner of service is expressed in the request for service, such manner of service shall be followed in so far as it is not incompatible with the law of that country.

(f) The execution of the request for service duly made in accordance with the preceding provisions of this Article shall not be refused unless (1) the authenticity of the request for service is not established, or (2) the High Contracting Party in whose territory it is to be effected considers that his sovereignty or safety would be compromised thereby.

(g) The authority by whom the request for service is executed shall furnish a certificate proving the service or explaining the reason which has prevented such service, and setting forth the fact, the manner and the date of such service or attempted service, and shall send the said certificate to the Consular Officer by whom the request for service was made. The certificate of service or of attempted service shall be placed on one of the duplicates or attached thereto.

Article 4.

(a) The provisions of Articles 2 and 3 in no way prejudice the right to use in the territory of either High Contracting Party, without any request to or intervention of the authorities of the country where service is to be effected, any of the following methods of service in connection with judicial or extra-judicial documents drawn up in the territory of the other High Contracting Party :—

(1) Service by a Consular Officer of the High Contracting Party from whose territory the document emanates ;

(2) Service by an agent appointed for the purpose either by the judicial authority by whom service of the document is required, or by the party on whose application the document was issued ;

(3) Through the postal channel ;

(4) Any other mode of service recognized by the law existing at the time of service in the country from which the documents emanate.

(b) It is understood that the validity and effect of any such service will remain a matter for the determination of the respective Courts of the High Contracting Parties in accordance with their law.

(c) The High Contracting Parties agree that in principle it is desirable that documents served by any of these methods should, unless the recipient is a subject of the High Contracting Party from whose territory the document to be served emanates, either be drawn up in the language of the country in which service is to be effected or accompanied by a