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

Procedure

Procedure.

Appeal and Appellate Court.

38.Seal of Appellate Court. The seal now in use by the Appellate Court shall be and be deemed to have heen the proper seal of the said Court, and all documents sealed therewith shall be deemed to have been duly sealed.
39.Appeal may be with drawn. The appellant in any appeal now pending or hereafter to be instituted may, subject to any regulations under the Act, withdraw such appeal at any time before the hearing thereof.
40.Appeal may be dismissed by Native Land Court for nonpayment of deposit. It the appellant in any appeal now pending, or hereafter to be instituted, has or shall have failed to deposit with the Registrar the sum required to be deposited as security for costs under section eighty-five of the Act, or to pay any fees due and payable in respect of such appeal by virtue of any regulation under the Act, or under any Act thereby repeated, the Native Land Court may, on the application of the Registrar, dismiss such appeal; and such dismissal, if expressed to be made on the ground of such non-payment, shall take effect as if the decision appealed from had been affirmed by the Appellate Court Disoretionary powers. upon the hearing of such appeal: Provided that if it shall appear to the Court that the appellant is unable to pay the amount required, and that injustice may be done by the dismissal of such appeal unheard, the Court may remit such payment either wholly or in part, or make such ordcr in relation thereto as to the Court shall seem fit.page 9
41.The Appellate Court shall have the like powers with regard Appellate Court to have the like powers as Native Land Court in case of non-payment. to any appeal in case the required security has not been deposited, or in case of non-payment of fees, as are hereinbefore given to the Native Land Court in the like cases.
42.The Public Trustee may appeal against any decision of the Public Trustee may appeal from decision under section 50 of the Act. Court appointing any other person to be trustee for a minor, and the Chief Judge may in such case dispense with the requirements of section eighty-five of the Act.
43.The Chief Judge shall have power from time to time to Appellate Court: Provision for securing uniformity of decisions. refer to the Judges of the Appellate Court, severally or collectively, any question of Native custom, or of practice and procedure, which he may think necessary to have decided for the purpose of securing uniformity in the decisions of the Court; and the opinion of the majority of such Judges upon any question referred shall be binding upon the Court, and upon all the Judges thereof, and shall be followed in all subsequent decisions of the Court and of the Native Land Court.
44.The time within which a statement of the grounds of appeal Time within which statement of grounds of appeal to be lodged. may be lodged shall be two months from the date of the decision appealed from: Provided that the Chief Judge or the Court may at any time require an amended statement to be furnished.
45.When, by any regulation made or to be made under the Notice of appeal, time for giving. Act, public notice is required to be given of any decision, the time within which notice of appeal from such decision may be given shall run from the date of the publication of such notice.
46.The Appellate Court shall have power, in the exereise of Appellate Court may annul or vary decision. the jurisdiction conferred on it by the Act or by this Act, to annul or vary any decision of the Native Land Court or of a Judge thereof, and to give, or direct the Native Land Court to give, such other decision as to the first-mentioned Court shall seem just.
47.No appeal shall he from any order oi incorporation under No appeal in certain cases. section one hundred and twenty-two of the Act, nor from any order dismissing an appeal.

Native Land Court.

48.An order under subsection nine of section fourteen of the Order under sub-section (9) of section 14, how revocable. Act shall be revocable at any time by the Court or by any Judge, notwithstanding that such order may have been filed in the office of the Supreme Court: Provided that the order of revocation shall in such case be also filed.
49.The Chief Judge may refer to the Court, or to a Judge, for Application may be referred to Court by Chief Judge for inquiry and report. inquiry and report, any application or other matter as to which such inquiry is, in his opinion, necessary for the purposes of the Act, or of any Act conferring jurisdiction on the Court or on the Chief Judge for any purpose whatsoever.
50.When application shall be made to the Court to determine Court may appoint administrator of personal estate of Native dying incestate. the succession to the personal estate of any Native dying intestate, the Court may, on the hearing of such application, appoint any fit person to administer such personal estate on behalf of the persons beneficially entitled thereto, and may grant letters of administration accordingly: Provided that no estate or interest in the land of any Native dying No interest in real estate to pass to administrator. intestate shall pass by virtue of letters of administration.page 10
51.Court may revoke appointment of executor or administrator, and make new appointment. The Court may at any time revoke the appointment of any executor or administrator on the ground of unfitness, and may appoint any fit person in his place; and such appointment shall, as from the date thereof, take effect as if such person had been the person named as exeeutor or administrator in the original grant of probate or of administration, as the case may be.
52.Several parcels of land may be treated as one parcel on partition in certain cases. Where several orders have been or hereafter shall be made, either on original investigation of title or on partition, in the names of the same owners for the like interest or for undefined interests in different portions of the same block, and such land has not become the subject of a Crown grant or Land Transfer certificate of title, the Court may, for the purposes of partition or of further partition, as the case may be, treat such several parcels of land as one parcel, and as if the same were included in one order, and may apportion the same accordingly:
Proviso. Provided that, if there has been an alienation of any interest in the said land, no apportionment affecting such interest shall be made under the provisions of this section without the consent of the person entitled by virtue thereof.
53.Court may annul partition and reapportion land in certain cases. If in any proceeding on partition it shall appear to the Court with regard to any former partition of the same land that such partition has not been given effect to by survey or otherwise, and that, having regard to subsequent dealings with the land, it would be useless or otherwise inexpedient to give effect thereto, the Court may by order annul such partition, and may proceed to reapportion the land without relation thereto.
54.Court may refuse to partition land if not fit subject for partition, and may raake interlocutory order defining interests in the meantime. If upon an application for partition of any land it shall appear to the Court that from the nature of the case and of the interests involved such land cannot fairly be partitioned, or that it would be wise to postpone such partition, the Court may refuse to make a partition, and the Court may in place thereof, if it thinks fit, make such interlocutory order adjusting the intermediate beneficial occupation of the land among the various owners, or the mesne profits arising therefrom, as it shall deem just and fair, irrespective of the person using or occupying such lands: But no such interlocutory order shall in any case, pending the result of an appeal in any Court whatsoever or to Her Majesty's Privy Council, prejudice the rights of any person claiming as an owner or part owner of or claiming any estate or interest in the land the subject of such application for partition.
55.Court may apportion survey charges. The Court may, on any partition hereafter to be made, or as a continuation of the proceedings in any former partition, apportion any survey charge amongst the several subdivisions of the land the subject of sueh charge; and such apportionment shall, subject to approval by the Surveyor-General, be final and conclusive.
56.Part of section 65 of the Act repealed. All the words in line two of the last paragraph of section sixty-five of the Act, after the word "Act," to "alienation," in line five inclusive, are hereby repealed.