8HE Special power of Tribunal to recommend that land not be liable to be returned to Maori ownership

(1)

The Tribunal may, in its discretion, on the application of any Minister of the Crown or any licensee of Crown forest land, recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that the whole or part of any licensed land not be liable to be returned to Maori ownership if—

(a)

public notice has been given, in accordance with section 8HH, of the making of an application under this section in respect of that land; and

(b)

either—

(i)

no claim in relation to that 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 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 8HG; or

(b)

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

in relation to any application under this section.

Section 8HE: inserted, on 25 October 1989, by section 40 of the Crown Forest Assets Act 1989 (1989 No 99).

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

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