41 Disposal of former Maori land when no longer required

Notwithstanding anything in sections 40 and 42, where any land to which section 40(2) applies was, immediately before its taking or acquisition,—

(a)

Maori freehold land or General land owned by Maori (as those terms are defined in section 4 of Te Ture Whenua Maori Act 1993); and

(b)

beneficially owned by more than 4 persons; and

(c)

not vested in any trustee or trustees—

the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority, as the case may be, shall—

(d)

comply with the requirements of section 40; or

(e)

apply to the Maori Land Court for the district in which the land is situated for an order under section 134 of Te Ture Whenua Maori Act 1993.

Section 41: amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

Section 41(a): substituted, on 1 July 1993, by section 362(1) of Te Ture Whenua Maori Act 1993 (1993 No 4).

Section 41(e): amended, on 1 July 1993, by section 362(1) of Te Ture Whenua Maori Act 1993 (1993 No 4).