New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to section 8HC of this Act, where a claim submitted to the Tribunal under section 6 of this Act relates to licensed land 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 of Waitangi, should include the return to Maori ownership of the whole or part of that land,—
include in its recommendation under section 6(3) of this Act a recommendation that the land or that part of that 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 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 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 not be liable to return to Maori ownership; 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 not be liable to return to Maori ownership.
(2) In deciding whether to recommend the return to Maori ownership of any licensed land, the Tribunal shall not have regard to any changes that have taken place in—
(a) the condition of the land and any improvements to it; or
(b) its ownership or possession or any other interests in it—
that have occurred after or by virtue of the granting of any Crown forestry licence in respect of that land.
(3) Nothing in subsection (1) of this section prevents the Tribunal making in respect of any claim that relates in whole or in part to licensed land any other recommendation under subsection (3) or subsection (4) of section 6 of this Act; except that in making any other recommendation the Tribunal may take into account payments made, or to be made, by the Crown by way of compensation in relation to the land pursuant to section 36 of and Schedule 1 to the Crown Forest Assets Act 1989.
(4) On the making of a recommendation for the return of any land to Maori ownership under subsection (1) of this section, sections 40 to 42 of the Public Works Act 1981 shall cease to apply in relation to that 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).
Sections 8HA to 8HI and the preceding heading were inserted, as from 25 October 1989, by section 40 Crown Forest Assets Act 1989 (1989 No 99).
Subsection (1)(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 Survey and Land Information”
.
Subsection (1)(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 Survey and Land Information”
.
