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 applies, recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 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 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 before the date specified in the notice; or

(ii)

all the parties to any claim submitted to the Tribunal under section 6 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) 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; or

(b)

the public notice to be given under section 8G,—

in relation to any application under this section.

Section 8D: inserted (with effect on 9 December 1987), on 30 June 1988, by section 4 of the Treaty of Waitangi (State Enterprises) Act 1988 (1988 No 105).

Section 8D(1): amended, on 1 June 2002, pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).

Section 8D(1): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

Section 8D(1): amended, on 23 July 1990, by section 50(1) of the Education Amendment Act 1990 (1990 No 60).