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) 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) or to the Maori Land Court under subsection (2) 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); 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).

(5)

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

(6)

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

(7)

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

(8)

An appeal may be brought under section 58 of Te Ture Whenua Maori Act 1993 against any decision of the Maori Land Court on a question referred to it under subsection (2); and section 58 of Te Ture Whenua Maori Act 1993 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); and

(b)

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

(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); and

(b)

the bringing of any appeal under subsection (8).

Section 6A: inserted, on 1 January 1989, by section 4 of the Treaty of Waitangi Amendment Act 1988 (1988 No 233).

Section 6A(8): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).