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

(4.) Amendment

(4.) Amendment.

38.General. All amendments necessary to remedy or correct defects or errors in any proceeding or document, or to give effect to or record the intended decision in any proceeding, may be made at any time by the Court or by any Judge, whether applied for or not, and upon such terms (if any) as to payment of costs or otherwise as to the Court may appear just.
39.
Amendment after title ascertained. Where through any mistake, error, or omission, the Court by its order, heretofore or hereafter to be made, has or shall have in effect done or left undone something which it did not actually intend to do or leave undone, or would not but for such mistake, error, or omission have done or left undone, or, where the Court has or hereafter shall have decided any point of law erroneously, the Chief Judge may at any time after title has or shall have become ascertained or any order has or shall have matured, on the application in writing of any person alleging that he is affected by such mistake, error, omission, or erroneous decision in point of law, make such order in the matter for the purpose of remedying the same, or the effect of the same respectively, as the nature of the case may require, and, for such purpose as aforesaid, may, if he shall page 12deem it necessary or expedient, vary the actual decision or intended decision of the Court.

Such application shall state specifically the grounds upon which it is made, and be verified by the affidavit or statutory declaration of the person applying.

If such application shall affect land, the applicant may register a certified copy or duplicate thereof:

Provided that no such order as aforesaid shall affect any alienation of land made after the title thereto has been aseertained, and before such application has been registered, unless the several parties to such alienation consent thereto in writing.

The decision of the Chief Judge on such application shall be final, unless he shall, within seven days thereafter, give leave to appeal.

No application shall be made hereunder in respect of any error or omission within the meaning of section thirteen of "The Native Land Court Acts Amendment Act, 1889," to remedy which an application has heretofore been made, or in respect of any decision on a point of law already dealt with by or now pending in the Supreme Court.

40.Amendment on report of surveyor. If it shall appear to a surveyor, when making a survey in pursuance of or for the purpose of carrying out any order, that a deviation from any line or lines laid down by the Court would for any reason be expedient, he shall give immediate notice thereof to the Registrar, and upon receipt of such notice a Judge may make such inquiries in the matter as he may think fit, and may after hearing the parties interested vary or amend the order in such manner as he may consider advisable.