Treaty of Waitangi Act 1975 No 114 (as at 16 December 2010), Public Act

Act by section

8D Special power of Tribunal to recommend that land be no longer liable to resumption
  • (1) The Tribunal may, in its discretion, on the application of a State enterprise or other owner of any land or interest in land to which section 8A of this Act applies, recommend to the Minister within the meaning of section 2 of the Survey Act 1986 that the whole or part of that land or that 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 if—

    • (a) public notice has been given, in accordance with section 8G of this Act, of the making of an application under this section in respect of that land or interest in land; and

    • (b) either—

      • (i) no claim in relation to that land or interest in land has been submitted to the Tribunal under section 6 of this Act before the date specified in the notice; or

      • (ii) all the parties to any claim submitted to the Tribunal under section 6 of this Act in relation to that land or interest in land have informed the Tribunal in writing that they consent to the making of the recommendation.

    (2) The Tribunal may make a recommendation pursuant to subsection (1)(b)(ii) of this section without being obliged to determine first whether or not the claim is well-founded.

    (3) The Tribunal may, where it considers it appropriate, consult with a Judge of the Maori Land Court about—

    • (a) the directions to be given under section 8F of this Act; or

    • (b) the public notice to be given under section 8G of this Act,—

    in relation to any application under this section.

    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 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 (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 212 of the Education Act 1989.

    Subsection (1) 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.