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Appendix E

Rules relating to customary adoption and succession[555]

E1 Complete adoption would be where the child was taken in early infancy, and lived with its adopting parent up to marriage or manhood.

E2 Where the adoption was not of the complete character above mentioned, the surrounding circumstances would have to be taken into consideration in determining the rights, if any, of the adopted child.

E3 It does not appear that any special ceremonies or formalities were observed upon the adoption being made. It would be sufficient that the adopted child be generally recognised as such.

E4 The adopted child would almost invariably be a relative by blood of the adopting parent.

E5 If the adoption were made with the consent of the ‘hapu’ or tribe, and the adopted child remained with such tribe or hapu, it would be entitled to share the tribal or hapu lands.

E6 Under such conditions (as above mentioned) the adopted child would be entitled to succeed to the whole of the interest of the adopting parent.

E7 If there were no near relatives, and the adopted child had duly cared for the adopting parent in his old age, he would succeed to the whole of the interest of the adopting parent.

E8 If there were near relatives, the adopted child would share in the succession.

E9 The adopted child would lose his rights if he neglected his adopting parent in his old age, or ceased to act with, or as a member of, the hapu, or tribe.

E10 The rights of adopted children, as above set out, might be modified if the adopting parent made an ‘ohaki’ (or verbal Mäori will).


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