New Zealand Legislation: Acts

8A Recommendations in respect of land transferred to or vested in State enterprise

• (1) This section applies in relation to—

  • (a) Any land or interest in land transferred to a State enterprise under section 23 of the State-Owned Enterprises Act 1986 or vested in a State enterprise by a notice in the Gazette under section 24 of that Act or by an Order in Council made under section 28 of that Act, whether or not the land or interest in land is still vested in a State enterprise:

  • (b) Any land or interest in land transferred to an institution within the meaning of section 159 of the Education Act 1989 under section 207 of that Act or vested in such an institution by an Order in Council made under section 215 of that Act, whether or not the land or interest in land is still vested in that institution.

  (2) Subject to section 8B of this Act, where a claim submitted to the Tribunal under section 6 of this Act relates in whole or in part to land or an interest in land to which this section applies, the Tribunal may—

  • (a) If it finds—

    • (i) That the claim is well-founded; and

    • (ii) That the action to be taken under section 6(3) of this Act to compensate for or remove the prejudice caused by the ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission that was inconsistent with the principles of the Treaty, should include the return to Maori ownership of the whole or part of that land or of that interest in land,—

    include in its recommendation under section 6(3) of this Act, a recommendation that that land or that part of that land or that interest in land be returned to Maori ownership (which recommendation shall be on such terms and conditions as the Tribunal considers appropriate and shall identify the Maori or group of Maori to whom that land or that part of that land or that interest in land is to be returned); or

  • (b) If it finds—

    • (i) That the claim is well-founded; but

    • (ii) That a recommendation for return to Maori ownership is not required, in respect of that land or any part of that land or that interest in land, by paragraph (a)(ii) of this subsection,—

    recommend to the Minister within the meaning of section 2 of the Survey Act 1986 that that land or that part of that land or that interest 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 ; or

  • (c) If it finds that the claim is not well-founded, recommend to the Minister within the meaning of section 2 of the Survey Act 1986 that that land or that part of that land or that interest 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.

  (3) In deciding whether to recommend the return to Maori ownership of any land or interest in land to which this section applies, the Tribunal shall not have regard to any changes that, since immediately before the date of the transfer of the land or interest in land from the Crown to a State enterprise, or an institution within the meaning of section 159 of the Education Act 1989, have taken place in—

  • (a) The condition of the land or of the land in which the interest exists and any improvements to it; or

  • (b) Its ownership or possession or any other interests in it.

  (4) Nothing in subsection (2) of this section prevents the Tribunal making in respect of any claim that relates in whole or in part to any land or interest in land to which this section applies any other recommendation under subsection (3) or subsection (4) of section 6 of this Act.

  (5) Notwithstanding section 24(4) of the State-Owned Enterprises Act 1986, on the making of a recommendation for the return of any land or interest in land to Maori ownership under subsection (2) of this section, sections 40 and 41 of the Public Works Act 1981 shall cease to apply in relation to that land or that interest in land.

  (6) Where any interest in land exists in respect of any land to which this section applies being—

  • (a) An interest in land which was in existence immediately before the land was transferred to the State enterprise under section 23 of the State-Owned Enterprises Act 1986 or vested in the State enterprise by a notice in the Gazette under section 24 of that Act or by an Order in Council made under section 28 of that Act but which was not so transferred to or vested in the State enterprise; or

  • (b) An interest in land which was in existence immediately before the land was transferred to an institution within the meaning of section 159 of the Education Act 1989 under section 207 of that Act or vested in such an institution by an Order in Council made under section 215 of that Act but which was not so transferred to or vested in the institution,—

  as the case may be, no recommendation under this section shall relate to that interest in land.

  Sections 8A to 8I were inserted, as from 9 December 1987, by section 4 Treaty of Waitangi (State Enterprises) Act 1988 (1988 No 105).

  Subsection (1) was amended, as from 23 July 1990, by section 50(1) Education Amendment Act 1990 (1990 No 60) by inserting the words “or section 207 of the Education Act 1989”, by substituting the words “the State-Owned Enterprises Act 1986 or section 215 of the Education Act 1989” for the words “that Act”, and by substituting the words “, or an institution within the meaning of section 159 of the Education Act 1989” for the words “State Enterprise”.

  Subsection (1) was substituted, as from 10 April 1992, by section 12(1) State-Owned Enterprises Amendment Act 1992 (1992 No 27).

  Subsection (2)(b) was amended, as from 1 February 1990, by section 6 Survey Amendment Act (No 3) 1989 (1989 No 139) by substituting the words “the Crown for the time being responsible for the administration of the Survey Act 1986” for the words “Survey and Land Information”.

  Subsection (2)(b) 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 (2)(b) was amended, as from 1 July 1996, by section 5 Survey Amendment Act 1996 (1996 No 55) by substituting the words “Minister within the meaning of section 2 of the Survey Act 1986” for the words “Minister of the Crown for the time being responsible for the administration of the Survey Act 1986”.

  Subsection (2)(c) was amended, as from 1 February 1990, by section 6 Survey Amendment Act (No 3) 1989 (1989 No 139) by substituting the words “the Crown for the time being responsible for the administration of the Survey Act 1986” for the words “Survey and Land Information”.

  Subsection (2)(c) 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”. The latter amending provision refers to “s 8(2)(c)”, apparently in error.

  Subsection (2)(c) was amended, as from 1 July 1996, by section 5 Survey Amendment Act 1996 (1996 No 55) by substituting the words “Minister within the meaning of section 2 of the Survey Act 1986” for the words “Minister of the Crown for the time being responsible for the administration of the Survey Act 1956”.

  Subsection (3) was amended, as from 23 July 1990, by section 50(1) Education Amendment Act 1990 (1990 No 60) by inserting the words “, or an institution within the meaning of section 159 of the Education Act 1989”.

  Subsection (6) was amended, as from 23 July 1990, by section 50(1) Education Amendment Act 1990 (1990 No 60) by inserting the words “or section 207 of the Education Act 1989”.

  Subsection (6) was amended, as from 23 July 1990, by section 50(1) Education Amendment Act 1990 (1990 No 60) by substituting the words “the State-Owned Enterprises Act 1986 or section 215 of the Education Act 1989” for the words “that Act”.

  Subsection (6) was amended, as from 23 July 1990, by section 50(1) Education Amendment Act 1990 (1990 No 60) by substituting the words “, or an institution within the meaning of section 159 of the Education Act 1989” for the words “State Enterprise”.

  Subsection (6) was amended, as from 23 July 1990, by section 50(1) Education Amendment Act 1990 (1990 No 60) by inserting the words “or institution”.

  Subsection (6) was substituted, as from 10 April 1992, by section 12(2) State-Owned Enterprises Amendment Act 1992 (1992 No 27).