New Zealand Legislation: Acts

6A Power of Tribunal to state case for Maori Appellate Court or Maori Land Court

• (1) Where a question of fact,—

  • (a) concerning Maori custom or usage; and

  • (b) relating to the rights of ownership by Maori of any particular land or fisheries according to customary law principles of take and occupation or use; and

  • (c) calling for the determination, to the extent practicable, of Maori tribal boundaries, whether of land or fisheries,—

  arises in proceedings before the Tribunal, the Tribunal may refer that question to the Maori Appellate Court for decision.

  (2) Where a question relating to the Maori or group of Maori to whom any land or any part of any land or any interest in land is to be returned pursuant to a recommendation under section 8A(2)(a) of this Act arises in proceedings before the Tribunal, the Tribunal may refer that question to the Maori Land Court for decision.

  (3) Any question referred to the Maori Appellate Court under subsection (1) of this section or to the Maori Land Court under subsection (2) of this section shall be in the form of a special case to be drawn up by the parties (if any) to the proceedings and, if the parties do not agree, or if there are no parties, to be settled by the Tribunal.

  (4) The Maori Appellate Court shall have jurisdiction—

  • (a) to decide any question referred to it under subsection (1) of this section; and

  • (b) to hear and determine any appeal against any decision of the Maori Land Court on any question referred to that Court under subsection (2) of this section.

  (5) The Maori Land Court shall have jurisdiction to decide any question referred to it under subsection (2) of this section.

  (6) The decision of the Maori Appellate Court on any question referred to it under subsection (1) of this section and on any appeal determined by it pursuant to subsection (4)(b) of this section shall be binding on the Tribunal.

  (7) Subject to subsection (8) of this section, the decision of the Maori Land Court on any question referred to it under subsection (2) of this section shall be binding on the Tribunal.

  (8) An appeal may be brought under section 42 of the Maori Affairs Act 1953 against any decision of the Maori Land Court on a question referred to it under subsection (2) of this section; and section 42 of the Maori Affairs Act 1953 shall apply in relation to any such appeal as if that decision were a final order of the Maori Land Court.

  (9) The Maori Appellate Court shall inform the Waitangi Tribunal of the decision of the Maori Appellate Court on—

  • (a) any question referred to it under subsection (1) of this section; and

  • (b) any appeal brought against any decision made by the Maori Land Court on any question referred to it under subsection (2) of this section.

  (10) The Maori Land Court shall inform the Waitangi Tribunal of—

  • (a) the decision of the Maori Land Court on any question referred to it under subsection (2) of this section; and

  • (b) the bringing of any appeal under subsection (8) of this section.

  Section 6A was inserted, as from 1 January 1989, by section 4 Treaty of Waitangi Amendment Act 1988 (1988 No 233).