Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

Part II. — Creation and Constitution of Court

Part II.
Creation and Constitution of Court.

4.
Constitution of the Court. There shall continue to be within the Colony of New Zealand a Court of Record, called as heretofore "The Native Land Court," which shall, in addition to the jurisdiction and powers specifically conferred by this Act, have all the powers inherent in a Court of Record at common law:

And it is hereby declared that the several Courts constituted under "The Native Land Act, 1862," "The Native Lands Act, 1865," "The Native Land Act, 1873," "The Native Land Court Act, 1880," "The Native Land Court Act, 1886," and under this Act, shall, notwithstanding the repeal of any Act, be deemed and taken to have been, and to be and continue to be, one continuous Court.

page 6
5.Judges and Assessors. The Court shall consist of such Judges, of whom one shall be the Chief Judge, together with such Assessors, as the Governor may from time to time determine.
6.
Appointment of Judges and officers. The Governor may from time to time appoint a Chief Judge, who shall be a barrister or solicitor of the Supreme Court of New Zealand of not less than seven years standing, Judges, and Assessors, and also such Registrars, Deputy Registrars, Clerks, Interpreters, and other officers as may be required for the conduct of the business of the Court throughout the colony.

Persons skilled in the Native language or Native customs shall be deemed experts within the meaning of section four of "The Civil Service Reform Act, 1886."

7.
Commissioners. The Governor may appoint any Stipendiary Magistrate to be a Commissioner for the purposes of this Act, who shall possess the jurisdiction, powers, and authorities of a Judge.

Every person holding the office of a Recorder under "The Native Land Court Act, 1886," shall, by virtue of such office, be deemed to be a Commissioner duly appointed under this Act.

8.
Governor may appoint Deputy Chief Judge. The Governor may from time to time appoint a person to act as Deputy for the Chief Judge for such period as the appointment may direct.

During the continuance of such appointment a Deputy shall have, exercise, and perform all the powers and duties of the Chief Judge.

9.
Tenure of office. Every person appointed or holding office under this Act shall hold office during the Governor's pleasure.

The Chief Judge, Judges, and Assessors, Registrars, Clerks, and other officers of the Court, holding office at the time of the coming into operation of this Act, shall hold office and be deemed to have been appointed hereunder; but the existing order of precedence of the several Judges shall be retained.

10.Salaries. Such salaries shall be paid to the several persons appointed under this Act as shall from time to time be appropriated for the purpose by the General Assembly, and out of moneys so appropriated there shall be paid such travelling-allowances as the Governor shall from time to time determine.
11.Records. The records, plans, and documents relating to the business of the Court shall be deposited, and the official or administrative work carried on, at such place or places as the Governor shall at any time after the passing of this Act and from time to time appoint.
12.Registers. Registers shall be kept by the Court, in which shall be recorded minutes of all applications made to the Court and orders and proceedings made and had thereon.
13.Seal. The Court shall have in the custody of each Judge a seal, which shall be a seal of the Court, and shall be used for sealing documents which require to be sealed.