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[Collected Rules and Regulations of the Native Land Court, in English and Māori]
Rules And Regulations of the Native Appellate Court
Rules And Regulations of the Native Appellate Court.
Whereas by "The Native Land Court Act, 1894," it is enacted that the Chief Judge of the Native Land Court may from time to time, with the approval of the Governor in Council, make and prescribe rules of practice and procedure and forms of proceedings in the various matters in which jurisdiction is or may be conferred on the Native Appellate Court constituted by the said Act, and for regulating the sittings of the said Appellate Court, and for fixing the fees to be paid under the said Act, and the time and mode of payment, and for enforcing payment thereof:
Now, therefore, I, George Boutflower Davy, Chief Judge of the Native Land Court, do hereby, for the purposes aforesaid, and in exercise of the power and authority in that behalf vested in me by the said Act, make and prescribe the rules and regulations following:—
Rules and Regulations.
In these rules,—"The Act" means "The Native Land Court Act, 1894"; "the Court" means the Native Appellate Court constituted by the said Act; "Registrar" page 66
means the Registrar acting in and for any district created for administrative purposes under the Act.
| 1. | Every appointment of a sitting of the Court shall be in the form numbered 1 in the Schedule hereto. Notice of such sitting shall be given in the same manner as is prescribed by any rules or regulations for the time being in force with regard to the notification of sittings of the Native Land Court. |
| 2. | No appeal shall be set down for hearing until after the expiration of three calendar months from the date of the decision appealed from. |
| 3. | If more than one notice of appeal has been given in respect of the same decision, no such appeal shall be set down for hearing until the statement of the grounds of appeal in each case has been filed, or until the time within which such statement may be filed has elapsed. |
| 4. | The statement of grounds of appeal shall be signed by the appellants, or some or one of them, or their duly-constituted agent, and shall be attested by an officer of the Native Land Court, or by a Justice of the Peace, Postmaster, Solicitor of the Supreme Court, or licensed interpreter. |
| 5. | Every such statement signed by a Native, unless in the Maori language, must be attested by a licensed interpreter, who must certify that such statement was fully explained to the Native at the time of signing the same. |
| 6. | The order fixing amount of deposit under section 85 of the Act shall be in the form numbered 2 in the Schedule. The Registrar shall pay all moneys received by him on account of such deposits into the Law Trust Account, to be dealt with as hereinafter provided. |
| 7. | If any sum of money ordered to be deposited has not been deposited within the time limited, the Court may dismiss the appeal on the ground of such non-payment, or may deal with the matter in such other manner as to the Court shall seem fit. |
| 8. | On the hearing of an appeal, no person other than an appellant shall be entitled to appear or be heard in support thereof, or to put forward any claim contrary to the decision appealed from. The Court shall decide what persons, if any other than those signing the notice of appeal, are entitled to be regarded as appellants. |
| 9. | The person or persons signing any notice of appeal may, at any time before the hearing thereof, by notice in writing to the Registrar, and with leave of the Chief Judge, withdraw such appeal: Provided that, if it shall appear to the Chief Judge that such notice of appeal was lodged on behalf page 67 of persons other than those signing the same, he may refuse to allow such withdrawal except with consent of all persons interested. |
| 10. | Such withdrawal, if approved by the Chief Judge, shall be notified in the Gazette and Kahiti, and shall take effect as from the date of such notification. |
| 11. | On the hearing of the appeal the appellant shall, except by leave of the Court, be restricted to the evidence given on the hearing in respect of which the appeal is instituted: Provided that the Court may, in its discretion, allow any evidence to be adduced in support of such appeal which may, in the opinion of the Court, assist the Court to come to a just decision upon the matters at issue. |
| 12. | The respondent shall in like manner, except by leave of the Court, be restricted to the evidence given on the original hearing, and to evidence to explain or rebut any new evidence admitted on behalf of the appellant. |
| 13. | The evidence given in any former proceeding shall be proved by the record-books of the Court, and no other evidence thereof shall, except by leave of the Court, be admitted. |
| 14. | The Court shall, on the hearing of the appeal, decide what sum, if any, in addition to the ordinary fees of the Court, shall be payable by the appellant for the costs of the Court in respect of such appeal, and the Registrar shall pay the same into the Public Account out of the amount deposited with him as security for costs as aforesaid. The residue, if any, of such deposit may be refunded to the depositor or awarded as costs to the opposite party, as the Court shall direct, and the Registrar shall make payment accordingly. |
| 15. | In case of withdrawal of any appeal, the Chief Judge may order that the amount deposited be refunded to the depositor, or may order that any portion thereof be retained and paid into the Public Account for costs incurred, and the Registrar shall make payment accordingly. |
| 16. | The order of the Court on an appeal may be in form numbered 3 in the Schedule, or as near thereto as the nature of the case will admit. |
| 17. | An order adjourning the Court before the commencement of a sitting shall be in the form numbered 4 in the Schedule. |
| 18. | With the view of promoting uniformity in the decisions of the Court the Judges shall report to the Chief Judge all decisions on appeals raised on specific points of law or questions of Native custom, and shall forward to the Chief Judge page 68 copies of all cases submitted for the decision of the Supreme Court under section 92 of the Act, and of the decisions thereon. |
| 19. | The judgment of the Court on any appeal, if put in writing and signed by the Judges hearing such appeal, may be delivered by any Judge of the Court at such time and place as may be convenient. |
| 20. | Subject as aforesaid, all the rules and regulations of the Native Land Court in force for the time being shall, so far as the same are applicable, apply to the Native Appellate Court, and shall regulate the practice and procedure thereof, and the fees to be taken in respect of any proceding therein. |
The Schedule.
Form No. 1.—Order appointing a Sitting of the Court.
I, Chief Judge of the Native Land Court, in exercise of the power in that behalf vested in me by section 88 of "The Native Land Court Act, 1894," hereby appoint a sitting of the Native Appellate Court, as constituted by the said Act, to be held at, on the day of, 18.
As witness my hand, this day of, 18.
Chief Judge.
Form No. 2.—Order under Section 85 of "The Native Land Court Act, 1894."
In the Native Appellate Court of New Zealand.
Whereas has lodged notice of appeal from a decision of the Native Land Court [or of, Esq., a Judge of the Court], in the matter of, which decision was given at, on the day of, 18: I hereby, under section 85 of "The Native Land Court Act, 1894," order that the sum of be deposited by the appellant with the Registrar of the Court for the District as security for the costs of such appeal, within from the date of this order.
As witness my hand, this day of, 18.
Judge.
Form No. 3.—Order on Appeal.
In the Native Appellate Court of New Zealand.
In the matter of a decision of the Native Land Court [or of, Esq., a Judge of the Native Land Court], given the day of, 18, upon [State nature of proceeding, and of decision appealed from], and of the appeal of [and others] therefrom.
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At a sitting of the Native Appellate Court held at on the day of, 18, before and, Esqs., two of the Judges of the said Appellate Court, upon hearing the appellant and the persons interested in supporting the said decision, or such of the said parties respectively as appeared and claimed to be heard on the hearing of the said appeal, and the Court having before it the record of the proceedings in the Native Land Court in the matter of the said [investigation of title, or as the case may be], and of the decision appealed from, it is ordered that the said decision be, and the same is, hereby affirmed [or that the Native Land Court do revoke (or vary) the said decision, and, in lieu thereof, give the decision following—that is to say].
And it is further ordered that the sum of be paid into the Public Account out of the amount deposited as security for costs of this appeal, and that the residue of the amount so deposited be paid to [respondents] on account of costs incurred by them in the matter thereof [or be refunded to the depositor].
As witness the hands of the said and, and the seal of the Court, this day of, 18.
Judge.
Judge.
Form No. 4.—Adjournment of Sitting.
Whereas a sitting of the Native Appellate Court, as constituted by "The Native Land Court Act, 1894," was appointed to be held at on the day of, 18, which sitting was subsequently adjourned to, and now stands appointed for, the day of, at the same place: Now, therefore, I,, Chief Judge of the Native Land Court, in exercise of the power enabling me in that behalf under section 88 of the said Act, hereby order that the said sitting be adjourned [or further adjourned] to the day of, 18, at aforesaid.
As witness my hand, this day of, 18.
Chief Judge.
G. B. Davy,
Chief Judge.
Approved in Council,
J. F. Andrews,
Acting Clerk of the Executive Council.
