New Zealand Legislation: Acts

5 Functions of Tribunal

• (1) The functions of the Tribunal shall be—

  • (a) To inquire into and make recommendations upon, in accordance with this Act, any claim submitted to the Tribunal under section 6 of this Act:

  • (aa) To make recommendations, in accordance with section 8D of this Act, that land or interests in land be no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 212 of the Education Act 1989:

  • (ab) To make any recommendation or determination that the Tribunal is required or empowered to make under Schedule 1 to the Crown Forest Assets Act 1989:

  • (ac) To make recommendations in accordance with section 8HE of this Act that land, or any part of any land, that is subject to a Crown forestry licence under the Crown Forest Assets Act 1989, be no longer liable to be returned to Maori ownership under section 36 of that Act:

  • (ad) To make recommendations in accordance with section 8D of this Act (as applied by section 8HJ of this Act ) that land or any interest in land that, immediately before being vested in a Crown transferee company pursuant to section 6 of the New Zealand Railways Corporation Restructuring Act 1990, was land owned by the Crown or an interest owned by the Crown in land, be no longer subject to resumption under section 39 of that Act:

  • (b) To examine and report on, in accordance with section 8 of this Act, any proposed legislation referred to the Tribunal under that section.

  (2) In exercising any of its functions under this section the Tribunal shall have regard to the 2 texts of the Treaty set out in Schedule 1 to this Act and, for the purposes of this Act, shall have exclusive authority to determine the meaning and effect of the Treaty as embodied in the 2 texts and to decide issues raised by the differences between them.

  Subsection (1)(a) was substituted, and subsection (1)(aa) inserted, as from 9 December 1987 by section 3 Treaty of Waitangi (State Enterprises) Act 1988 (1988 No 105).

  Subsection (1)(a) was amended, as from 23 July 1990, by section 50(1) Education Amendment Act 1990 (1990 No 60) by inserting the words “or section 212 of the Education Act 1989”.

  Subsection (1)(ab) and (1)(ac) was inserted, as from 25 October 1989, by section 39 Crown Forest Assets Act 1989 (1989 No 99).

  Subsection (1)(ad) was inserted, as from 28 August 1990, by section 42 New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).