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

Jurisdiction

Jurisdiction.

57.	In questions as between Natives, Native Land Court to be subject only to Appellate Court. From and after the passing of this Act, the Native Land Court and every Judge thereof shall, in dealing with all questions as page 11between Natives and Natives affeoting the title to any Native land, or to land or personal estate owned by Natives, be absolutely free from the control or interference of any superior Court other than the Appellate Court.
58.	In any case in which, but for this Act, recourse might be Appellate Court to have power of Supreme Court to grant relief. had to the Supreme Court, the remedy shall be by application to the Appellate Court, which shall have full power on such application to deal with and finally determine all questions at issue, and to grant such relief as to such Court shall seem iust, or as shall in the opinion of the Court be necessary, having regard to the nature of the case and the rights of the parties.
59.	The Appellate Court shall have supreme jurisdiction in all Appellate Court to have supreme jurisdiction in questions between Natives relating to real or personal estate. questions as between Natives and Natives affecting the title to any Native land, or to land or personal estate owned by Natives, and shall exercise or decline to exercise such jurisdiction free from the interference or control of any other Court whatsoever, nor shall any proceeding relating to any such matter as aforesaid be removed from the Appellate Court into any other Court by writ of certiorari or otherwise.
60.	In any proceeding in the Supreme Court relating to any Jurisdiction of Court, how proved in Supreme Court. judgment or order of the Native Land Court or of the Appellate Court, or of any Judge of either of the said Courts respectively, proof that such judgment or order was given or made in a matter exclusively between Natives and Natives in relation to Native land, or land or personal estate owned by Natives, shall be conclusive evidence that such judgment or order was given or made by such Court or Judge with full and sufficient power, jurisdiction, and authority.
61.	Nothing herein contained shall prejudice or affect any proceeding Saving of prooeedings pending in Supreme Court. actually pending or commenced in the Supreme Court or in the Appeal Court of New Zealand or in Her Majesty's Privy Council at the date of the passing of this Act.
62.	In any ease in which application has been or shall be made Governor may by Order in Council empower Appellate Court to deal with application under seotion 39 of the Act. to the Chief Judge under section thirty-nine of the Act for relief in respect of any order of the Court determining the succession to the estate of any Native deceased, if it shall appear to the Chief Judge that the applicant has a primâ facie claim to such relief, but that relief cannot be afforded under the provisions of section thirty-nine, and that the time within which an application for rehearing or an appeal might have been lodged has, without any neglect or default on the part of the applicant, been allowed to lapse, the Governor may, on being certified to the above effect, by Order in Council, empower the Appellate Court to deal with such application as a valid appeal under the Act, anything in the Act contained to the contrary notwithstanding: Provided that no Order in Council shall be issued as aforesaid Application for relief under this scotion to be within three years from date of order complained of. unless such application has been made within three years from the date of the order complained of. Nor shall any such appeal affect any right or title acquired for valuable consideration prior to the issue of such Order in Council. Applications which have been dismissed for want of jurisdiction under section thirty-nine of the Act may, for the purposes of this section, be treated as subsisting applications. The Chief Judge may dispense with the affidavit or statutory Declaration under section 39 may be dispensed with. declaration required by section thirty-nine of the Act in any case in which he shall deem the same to be unnecessary.