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[Collected Rules and Regulations of the Native Land Court, in English and Māori]

Procedure at Hearing

Procedure at Hearing.

80.If more than one Judge be present at a sitting of the Court the senior Judge shall preside. It shall be the duty of the Judge, or of one of the Judges if more than one be present, to record the proceedings of the Court and the evidence in a minute-book to be provided for the purpose, which book shall be a record of the Court, and when completed shall be retained in the custody of the Registrar.
81.If more than one application is received for the investigation of title to land, it shall be in the discretion of the Court to decide which of the applicants shall be regarded as claimant for the purpose of conducting the case.
82.Upon any investigation of title, the claimant shall proceed to establish a primâ facie case without cross-examination by any counter-claimant or objector. If, in the opinion of the Court, a primâ facie case be established, the counter-claimant or objector shall then proceed with his case If there are more than one counter-claimant or objector, or party of counter-claimants or objectors, the Court shall decide the order in which their cases shall be taken. The case of page 12each counter-claimant or objector being closed, the claimant shall proceed with his case. Each counter-claimant shall then be entitled to address the Court in such order as the Court shall direct, and the claimant shall be entitled to reply.
83.The Court may, if it think fit, at any stage of the proceedings require each or any conductor for the parties before it to hand in a list in writing of the names of all persons who claim to be interested in respect of the claim he represent.
84.Every list of names settled by the Court for inclusion in any order shall be signed by the presiding Judge and dated as of the day on which such list was read out in Court as approved. No alteration shall afterwards be made therein except in open Court, and with due notice to all parties affected.
85.The order of procedure in other matters shall be in the discretion of the Court.
86.The purport of every judgment delivered, whether final or interlocutory, shall be clearly stated in the minute-book, with the date on which the same was delivered.
87.If the Court refuse to decide upon any application, a minnte, stating shortly the grounds of such refusal, signed by the presiding Judge, shall be sufficient.
88.A minute signed by the presiding Judge shall be placed on every plan or other paper produced in evidence, specifying the proceeding in which, and by whom, the same was produced, and the date of production.
89.No person shall be allowed to copy any plan produced in evidence in any proceeding without leave of the Judge first obtained.
90.The Court may dismiss any application on the ground of non-appearance of the applicant, or for want of proper prosecution, and upon such dismissal being recorded in the minute-book such application shall be discharged from further consideration of the Court, and shall be noted accordingly in the Register. Such dismissal shall be without prejudice to the right of the applicant to renew such application.