New Zealand.

ANNO VICESIMO NONO

VICTORIÆ REGINÆ

No. 11.

ANALYSIS.

Title.

Preamble.

1.        Short Title.

2.        All persons of Maori race deemed natural-born subjects.

3.        All Courts of Law declared to have jurisdiction overpersons and property of the Maori people.

4.        Maori title to land determined according to custom of the Maori people.

5.        In actions involving questions of Maori title Judge before whom tried shall direct issues for trial before Native Lands Court.

An Act to declare that the Maoris shall be deemed to be natural-born subjects of Her Majesty and to declare that the jurisdiction of the Queen’s Courts of Law extends over the persons and pro- perties of all Her Majesty’s subjects within the Colony.

[2 6th September 1865.]

Preamble.

W HEREAS doubts have been raised whether certain persons of the Maori race are natural-born subjects of Her Majesty and whether Her Majesty’s Courts of Law within the Colony of New Zealand have jurisdiction in all cases touching the persons and property of the Maori people and it is expedient that all such doubts should be removed Be it therefore declared and enacted by the General Assembly of New Zealand in Parliament assembled and by the authority thereof as follows—

Short Title.

I. The Short Title of this Act shall be “The Native Rights Act 1865.”

All persons of Maori race deemed natural- born subjects.

II. Every person of the Maori race within the Colony of New Zealand whether born before or since New Zealand became a dependency of Great Britain shall be taken and deemed to be a natural-born subject of Her Majesty to all intents and purposes whatsoever.

All Courts of Law declared to have juris- diction oyer persons and property of the Maori people.

<III. The Supreme Court and all other Courts of Law within the Colony ought to have and have the same jurisdiction in all cases touching the persons and the property whether real or personal of the Maori people and touching the titles to land held under Maori Custom and Usage as they have or may have under any law for the time being in force in all cases touching the persons and property of natural-born subjects of Her Majesty.

Maori title to land de- termined according to custom of Maori people.

IV. Every title to or interest in land over which the Native Title shall not have been extinguished shall be determined according to the

Ancient Custom and Usage of the Maori people so far as the same can be ascertained.

Supplement to the New Zealand Gazette No. 40.

Native Rights.

In actions involving question of Maori title Judge before whom tried shall direct issues for trial before Native Lands Court.

V. In any action in which, the title to or any interest in any such land is involved the Judge before whom the same shall be tried shall order that any issue or issues in such action in which such title or interest is involved whether they be issues of fact or of Maori Custom or Usage shall be tried in the Native Lands Court and the Judge of the Native Lands Court before whom the same shall be tried shall return the verdict or judgment as the case may be into the Supreme Court and such verdict or judgment shall be taken as conclusive both as to fact and as to the Maori Custom or Usage and shall be dealt with by the Supreme Court in the same manner and shall have the same effect as the verdict of a jury in the Supreme Court.

Printed under the authority of the of Zealand Government, by George Didsbury, Government Printer, Wellington.

Henry Jackson, Esq.,

of Dunstan, in the Province of Otago, of his appoint- ment of Coroner.

Henry Sewell.

H. W. Robinson, Esq., appointed a Coroner.

Attorney-General’s Office,

Wellington, 27th September, 1865.

H IS Excellency the Governor has been pleased to appoint

Henry Wirgman Robinson, Esq., R.M., of Dunstan, in the Province of Otago, to he a Coroner having jurisdiction within, the Colony of New Zealand.

Henry Sewell.

H. McCulloch , Esq., appointed Sheriff.

Attorney-General’s Office,

Wellington, 9th October, 1865.

H IS Excellency the Governor has been pleased to appoint

Henry McCulloch,

of Invercargill, in the Province of Southland, Esquire, to be Sheriff for the District of Southland.

Henry Sewell.

Native Title extinguished.

Native Office,

Wellington, 30th September, 1865.

I T is hereby notified that the Native title has been extinguished over the Block of Land whereof the boundaries are mentioned or described in the Schedule hereunto annexed.

James Edward FitzGerald.

SCHEDULE.

Province of Wellington, Aranga te Kura Block, con- taining about 505 Acres.

The boundaries commence at the Kakau o Tamaru, thence going inland on the Queen’s boundary to Ngakoau, thence going on in Ngakoau te Hatuapopoti and on to the Eotara, thence inland to Opaiwai, thence to the Koparoa, descending into the Ruamahanga, thence on to the Para, thence on in the coarse of the Ruamahanga and on to the Rakau o Tamaru ; then the boundaries meet.

POSTAL.

Post Office, Mataura Gold Fields, closed.

General Post Office,

Wellington, 7th October, 1865.

I T is hereby notified for public information that the Post Office at Mataura Gold Field (also known as Menzies Town), in the Province of Otago, was closed on 30th September, 1865.

J. L, C. Richardson,

Postmaster-General.

Court of Appeal, New Zealand.

N OTICE is hereby given that a Sitting of the Court of Appeal of New Zealand shall be held within the Supreme Court House, Lambton Quay, in the City of Wellington, upon Tuesday, the Twenty-fourth day of October instant, at Eleven o’clock in the Forenoon, when all persons having business before the said Court are required to give their attendance.

Robert R. Strang,

Acting Registrar of the Court of Appeal of New Zealand.

Wellington, 2nd October, 1865.

Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen— To Henry Vernon, of the City of Auckland in the Colony of New Zealand, Sheriff Bailiff, sequestrator of the Estate of John Johnson, of Newcastle, in the District of Waikato, in the said Colony, settler, an insolvent debtor, and to the said John Johnson, and to James Hunter Crawford, of the City of Auckland, gentleman, Registrar of Deeds for the Province of Auckland, and others, greeting:

W HEREAS an action has been commenced in the Supreme Court of the Colony of New Zealand, wherein William John Young is plaintiff and Edward Ross is defendant.

And whereas it has been made known to us that real and personal estate belonging to the said Edward Ross, either separately or jointly with the said John Johnson, is now in the possession or control of you, the said Henry Vernon, and John Johnson, and James Hunter Crawford, or of one of you, or of your tenant or tenants :

We command you that you do not sell or otherwise convey, assign, or part with the said real and personal estate until the further order of our said Court shall be made known to you.

Witness Sir George Alfred Arney, Knight, Chief Justice of our Supreme Court of the Colony of New Zealand, this thirtieth day of August, one thousand eight hundred and sixty-five.

This writ was issued by John Benjamin Russell, of Shortland-street, in the City of Auckland, solicitor for the plaintiff.

Great Independent Gold Mining Company (Limited).

N OTICE.—An Extraordinary General Meeting of the Shareholders of the Great Independent Gold Mining Company (Limited) will be held at the Company’s Office, Canada Buildings, Queenstreet, Auckland, at 4 o’clock, p.m., on the 25th day of October next, for the purpose of confirming a proposition made at an Extraordinary General Meeting of the Shareholders, held in the above office, on the 18th day of September instant.

Proposition :

“That this meeting, requires that this Company be wound up voluntarily.”

(By order of the Directors)

A. Boardman,

Secretary.

Auckland, 19th September, 1865.

Notice under “ The Patent Act, 1860.”

N OTICE is hereby given that an application has been made by Joseph Robley of Auckland, miller, in accordance with “The Patent Act, 1860,” for the issue to him of Letters Patent, granting to him exclusive right to prepare an “Ærated F lour ” for the purpose of making light and nutritous bread with- out the aid of yeast. And any person or persons who may wish to prefer any objection to the granting or such Letters Patent, are hereby required to send, within four months from the publication hereof to C. Knight Esq., of Wellington, M.D., being the person appointed for that purpose, under the provisions of the said Act, a statement in writing setting forth the grounds of such objections, subscribed with his or their proper name and address.

Andrew Beveridge,

Solicitor, Auckland, Agent.

September 21st 1865

THE

NEW ZEALAND GAZETTE.

Published by Authority

WELLINGTON, MONDAY, OCTOBER 16, 1865.

PROCLAMATION

Defining Judicial Districts under “The Supreme Court Act, 1860.”

By His Excellency Sir George Grey, Knight Commander of the Most Honorable Order of the Bath, Governor and Commander-in-Chief in and over Her Majesty’s Colony of New Zealand, and its Dependencies, and Vice-Admiral of the same, &c., &c., &c.

W HEREAS by an Act of the General Assembly of New Zealand, intituled “The Supreme Court Act, 1860,” it is enacted that it shall be lawful for the Governor in Council, from time to time, to divide the Colony into Judicial Districts for the purposes of the said Act, and the limits of such districts from time to time to alter as occasion may require. And whereas by a Proclamation bearing date the twenty-sixth day of February, one thousand eight hundred and sixty-one, the said Colony was for the purposes of the said Act divided into three districts, to be called severally the Northern District, the Middle District, and the Southern District, which said districts are particularly described in the said Pro- clamation. And whereas by a Proclamation bearing date the twenty-third day of April, one thousand eight hundred and sixty-three, the said Southern District was for the purposes of the and Act further divided into two districts, to be called respectively the Canterbury District, and the Otago and Southland District, which said districts are particularly described in the said Proclamation; and whereas it is expedient that a new district under the said Act should be formed out of portions of the said Middle and Canterbury Districts. And whereas by the said Act it is further enacted that the Governor in Council shall assign every such district as aforesaid to a Judge or Judges of the Court, who shall have within the same all the powers and jurisdiction thereby given to the Courts. And whereas by the said Proclamations of the twenty-sixth day of Feb- ruary, one thousand, eight hundred and sixty-one, and the twenty-third day of April, one thousand

Canterbury Districts were respectively assigned to Alexander James Johnston and Henry Barnes Gresson, Esquires, Judges of the said Courts. And whereas by the said Act it is further enacted that there shall be held Circuit Courts for the dispatch of civil and criminal business of the Court before one of the Judges thereof at such places and times as the Governor in Council may from time to time appoint. And whereas by the said recited Proclamations certain times and places were appointed for holding Circuit Courts as aforesaid within the said Middle and Canterbury Districts respectively.

Now therefore, I, Sir George Grey, the Governor of the said Colony, in pursuance of the power for this purpose vested in me under or by virtue of the said Act, do hereby, with the advice and consent of the Executive Council, proclaim and declare that all that portion of the Colony comprised within the following limits, viz.:—from the mouth of the River Awarua, at the western extremity of the boundary of the Provinces of Otago and Canterbury, northwards along the sea-coast to the Five Fingers Rocks between the Rivers Grey and Buller, thence eastward to the summit of Mount Faraday, thence along the watershed between the tributaries of the said Rivers Grey and Buller, thence southward along the water- shed between the east and west coast of the Provinces of Nelson and Canterbury to the point where it intersects the said boundary of the Provinces of Otago and Canterbury, thence westward along the said boundary to the commencing point at the mouth of the River Awarua, shall be and the same is hereby constituted a district for the purposes of the said Act, and shall be called the “Westland District;” and that all that portion of the Colony comprised within the “Middle District” as constituted by the said Proclamation of the twenty-sixth day of Feb- ruary, one thousand eight hundred and sixty-one, save and excepting such portion thereof as is hereby included in the Westland District shall be and the same is hereby constituted a district for the purposes of the said

(a) Omitted ; not necessary. (b) Repealed, 1868, No. 49. (c) Omitted; superseded by 1898, No. 28, sec. 4. (d) Repealed, 1870, No. 12.

(a) Omitted ; superseded by “The Native Land Court Act, 1804,” and other Acts.

(a) Omitted; not necessary. (b) Repealed, 1878, No. 28.

Note Nature Rights act repeated by Nature hand act 1909, passed 24 December 1909 came into operation on 31 March 1910.

New Zealand.

NATIVE RIGHTS.

1908, No. 126.

An Act to consolidate certain Enactments of the General Assembly relating to the Rights of Maoris.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

Short Title.

1.         (1.) The Short Title of this Act is “The Native Rights Act, 1908 . ”

Enactments consolidated.

(2.) This Act is a consolidation of the enactments mentioned in the Schedule hereto.

All persons of Maori race deemed natural-born subjects. 1865, No, 11, sec. 2

2.         Every person of the Maori race in New Zealand, whether born before or since New Zealand became a dependency of Great Britain, shall be taken and deemed to be a natural-born subject of His Majesty to all intents and purposes whatsoever.

Maori title to land determined according to custom of Maori people. Ibid, sec. 4

3.         Every title to or interest in land over which the Native title has not been extinguished shall be determined according to the ancient custom and usage of the Maori people so far as the same can be ascertained.

SCHEDULE.

Enactments consolidated.

1865, No. 11.—“The Native Eights Act, 1865.”