(1) There shall continue to be a court of record called the Maori Land Court, which shall be the same court as that existing under the same name immediately before the commencement of this Act.

(2) In addition to the jurisdiction and powers expressly conferred on it by this or any other Act, the Maori Land Court shall have all the powers that are inherent in a court of record.

(1) The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Judges of the Maori Land Court.

(2) The number of Judges appointed under this section must not at any time exceed 14.

(2AA) For the purposes of subsection (2),—

• (a) a Judge who is acting on a full-time basis counts as 1:

• (b) a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:

• (c) the aggregate number (for example, 7.5) must not exceed the maximum number of Judges that is for the time being permitted.

(2A) A person must not be appointed a Judge unless the person is suitable, having regard to the person's knowledge and experience of te reo Maori, tikanga Maori, and the Treaty of Waitangi.

(3) No person shall be appointed a Judge unless that person has held a practising certificate as a barrister or solicitor for at least 7 years.

(4) No person shall be appointed a Judge after attaining the age of 70 years.

(5) Every Judge shall, by virtue of that office, be a Justice of the Peace for New Zealand.

(6) A Judge must not undertake any other paid employment or any other office (whether paid or not) unless the Chief Judge is satisfied that the employment or other office is compatible with judicial office.

(7) No Judge shall practise as a barrister or solicitor.

(1) A person acts as a Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.

(2) The Attorney-General may, in accordance with subsection (4), authorise a Judge appointed under section 7 or section 8 to act on a part-time basis for any specified period.

(3) To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge's appointment or at any other time, and may be made more than once in respect of the same Judge.

(4) The Attorney-General may authorise a Judge to act on a part-time basis only—

• (a) on the request of the Judge; and

• (b) with the concurrence of the Chief Judge.

(5) In considering whether to concur under subsection (4), the Chief Judge must have regard to the ability of the Court to discharge its obligations in an orderly and expeditious way.

(6) A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.

(7) The basis on which a Judge acts must not be altered during the term of the Judge's appointment without the Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

(1) The Governor-General shall from time to time, by warrant, appoint a Chief Judge of the Maori Land Court and a Deputy Chief Judge of the Maori Land Court.

(2) Subject to subsection (3) of this section, every person appointed as Chief Judge or as Deputy Chief Judge shall hold that office so long as that person holds office as a Judge.

(3) With the prior approval of the Governor-General, the Chief Judge and the Deputy Chief Judge may resign that office without resigning the office of Judge.

(4) Whenever by reason of illness, absence from New Zealand, or any other cause the Chief Judge is prevented from exercising the duties of office, or during any vacancy in the office of Chief Judge, the Deputy Chief Judge shall, until the Chief Judge resumes or takes up the duties of office, have and may perform and exercise all the functions, duties, and powers of the Chief Judge.

(1) The Chief Judge may delegate to the Deputy Chief Judge, either generally or particularly, any power, function, or duty conferred on the Chief Judge by or under this Act.

(2) Subject to general or particular directions given by the Chief Judge, the Deputy Chief Judge has and may exercise and perform all the powers, functions, or duties delegated by the Chief Judge in the same manner and with the same effect as if they had been conferred on the Deputy Chief Judge directly by this Act and not by delegation.

(3) A delegation—

• (a) must be in writing; and

• (b) is revocable in writing at any time; and

• (c) may be made subject to any restrictions or conditions that the Chief Judge thinks fit; and

• (d) does not prevent the exercise or performance of a power, function, or duty by the Chief Judge; but

• (e) must not include a power of delegation.

(4) In the absence of proof to the contrary, the Deputy Chief Judge, when purporting to act under a delegation, is presumed to be acting in accordance with the terms of the delegation.

(5) Powers exercised, functions performed, or decisions made by the Deputy Chief Judge acting as the Chief Judge may not be questioned in any proceeding on the ground that the occasion for the Deputy Chief Judge so acting had not arisen or had ceased.

(1) Subject to section 11, the Governor-General may whenever in his or her opinion, it is necessary or expedient to make a temporary appointment, appoint 1 or more temporary Judges of the Maori Land Court to hold office for such period as is specified in the warrant of appointment.

(2) The period specified must not exceed 2 years.

(3) However, a person appointed under this section may be reappointed.

(4) A person may not be appointed as a temporary Judge under this section unless that person is eligible for appointment as a Judge under section 7.

(5) However, a person otherwise qualified who has attained the age of 70 years (including a Judge who has retired after attaining that age) may be appointed as a temporary Judge under this section.

(6) Subsection (2) applies to an appointment made under subsection (5).

(7) The power conferred by this section may be exercised at any time, even though there may be 1 or more persons holding the office of Judge under section 7 or section 10.

(8) A person appointed under this section is to be paid, during the term of the appointment, the salary and allowances payable under section 13 to a Judge other than the Chief Judge and the Deputy Chief Judge.

(1) Subject to section 11 of this Act, the Governor-General may, by warrant, appoint any former Judge to be an acting Judge for such term not exceeding 2 years or, if the former Judge has attained the age of 72 years, not exceeding one year, as the Governor-General may specify.

(2) During the term of the appointment, the former Judge may act as a Judge during such period or periods only, and in such place or places only, as the Chief Judge may determine.

(3) Every former Judge appointed under this section shall, during each period when the former Judge acts as a Judge, but not otherwise, be paid a salary at the rate for the time being payable by law to a Judge other than the Chief Judge and the Deputy Chief Judge, and shall also be paid such travelling allowances or other incidental or minor allowances as may be fixed from time to time by the Governor-General.

(4) Every former Judge appointed under this section shall, during each period when the former Judge acts as a Judge, have all the jurisdiction, powers, protections, privileges, and immunities of a Judge.

No appointment may be made under section 9 or section 10 of this Act otherwise than on a certificate signed by the Chief Judge and at least 1 other permanent Judge to the effect that, in their opinion, it is necessary for the due conduct of the business of the Court that one or more temporary Judges, or (as the case may require) one or more acting Judges, be appointed.

(1) The Governor-General may remove a Judge for inability or misbehaviour.

(2) Every Judge shall retire from office on attaining the age of 70 years.

The Judges have all the immunities of a Judge of the High Court.

(1) There shall be paid to the Chief Judge, to the Deputy Chief Judge, and to the other Judges, out of public money, without further appropriation than this section,—

• (a) Salaries at such rates as the Remuneration Authority from time to time determines; and

• (b) Such allowances as are from time to time determined by the Remuneration Authority; and

• (c) Such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.

(2) The salary of a Judge shall not be diminished during the continuance of the Judge's appointment.

(2A) The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position.

(2B) For the purpose of subsection (2), the payment of salary and allowances on a pro-rata basis under subsection (2A) is not a diminution of salary.

(3) Subject to the Remuneration Authority Act 1977, any determination made under subsection (1) of this section, and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.

(4) Every such determination, and every provision of any such determination, in respect of which no date is so specified shall come into force on the date of the making of the determination.

The Department for Courts shall be responsible for all matters relating to the administration of the Court, including the appointment of a Chief Registrar and such other Registrars, Deputy Registrars, and officers of the Court (being officers of the Department for Courts) as may from time to time be required.

(1) The Governor-General may from time to time, by Order in Council,—

• (a) Divide New Zealand into Maori Land Court districts, and declare the name by which each such district shall be designated; or

• (b) Abolish any such district, or alter the limits or the designation of any such district, as the Governor-General thinks fit.

(2) The Chief Judge shall from time to time assign a Judge to each district, or to 2 or more districts, as the Chief Judge thinks fit.

(3) There shall be a Registrar for each district, but the same person may hold office as Registrar for any 2 or more districts.

(1) The Court shall have, in the custody of each Judge and each Registrar, a seal, which shall be the seal of the Court and shall be used for sealing documents that require to be sealed.

(2) The form of the seal shall be such as the Governor-General from time to time determines.

(3) The seal in use at the commencement of this Act shall continue to be the seal of the Court unless and until a new seal is duly prescribed by the Governor-General.

(1) In exercising its jurisdiction and powers under this Act, the primary objective of the Court shall be to promote and assist in—

• (a) The retention of Maori land and General land owned by Maori in the hands of the owners; and

• (b) The effective use, management, and development, by or on behalf of the owners, of Maori land and General land owned by Maori.

(2) In applying subsection (1) of this section, the Court shall seek to achieve the following further objectives:

• (a) To ascertain and give effect to the wishes of the owners of any land to which the proceedings relate:

• (b) To provide a means whereby the owners may be kept informed of any proposals relating to any land, and a forum in which the owners might discuss any such proposal:

• (c) To determine or facilitate the settlement of disputes and other matters among the owners of any land:

• (d) To protect minority interests in any land against an oppressive majority, and to protect majority interests in the land against an unreasonable minority:

• (e) To ensure fairness in dealings with the owners of any land in multiple ownership:

• (f) To promote practical solutions to problems arising in the use or management of any land.

(1) In addition to any jurisdiction specifically conferred on the Court otherwise than by this section, the Court shall have the following jurisdiction:

• (a) To hear and determine any claim, whether at law or in equity, to the ownership or possession of Maori freehold land, or to any right, title, estate, or interest in any such land or in the proceeds of the alienation of any such right, title, estate, or interest:

• (b) To determine the relative interests of the owners in common, whether at law or in equity, of any Maori freehold land:

• (c) To hear and determine any claim to recover damages for trespass or any other injury to Maori freehold land:

• (d) To hear and determine any proceeding founded on contract or on tort where the debt, demand, or damage relates to Maori freehold land:

• (e) To determine for the purposes of any proceedings in the Court or for any other purpose whether any specified person is a Maori or the descendant of a Maori:

• (f) To determine for the purposes of this Act whether any person is a member of any of the preferred classes of alienees specified in section 4 of this Act:

• (g) To determine whether any land or interest in land to which section 8A or section 8HB of the Treaty of Waitangi Act 1975 applies should, under section 338 of this Act, be set aside as a reservation:

• (h) To determine for the purposes of any proceedings in the Court or for any other purpose whether any specified land is or is not Maori customary land or Maori freehold land or General land owned by Maori or General land or Crown land:

• (i) To determine for the purposes of any proceedings in the Court or for any other purpose whether any specified land is or is not held by any person in a fiduciary capacity, and, where it is, to make any appropriate vesting order.

(2) Any proceedings commenced in the Maori Land Court may, if the Judge thinks fit, be removed for hearing into any other court of competent jurisdiction.

(1) The Court, on application made by any person interested or by the Registrar of the Court, or of its own motion, may at any time issue an order by way of injunction—

• (a) Against any person in respect of any actual or threatened trespass or other injury to any Maori freehold land, Maori reservation, or wahi tapu; or

• (b) Prohibiting any person, where proceedings are pending before the Court or the Chief Judge, from dealing with or doing any injury to any property that is the subject-matter of the proceedings or that may be affected by any order that may be made in the proceedings; or

• (c) Prohibiting any owner or any other person or persons without lawful authority from cutting or removing, or authorising the cutting or removal, or otherwise making any disposition, of any timber trees, timber, or other wood, or any flax, tree ferns, sand, topsoil, metal, minerals, or other substances whether usually quarried or mined or not, on or from any Maori freehold land; or

• (d) Prohibiting the distribution, by any trustee or agent, of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates.

(2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee.

(3) Any injunction made by the Court under this section may be expressed to be of interim effect only.

(4) Every injunction made by the Court under this section that is not expressed to be of interim effect only shall be of final effect.

Notwithstanding anything to the contrary in the District Courts Act 1947, the Court shall have jurisdiction to hear and determine any proceeding for the recovery of Maori freehold land in the following cases:

• (a) Where—

  • (i) The term and interest of the lessee of any Maori freehold land has ended or been terminated, either by the lessor or by the lessee, and whether the lessee is or is not liable for the payment of any rent; and

  • (ii) The lessee or any other person in occupation of the land or part of the land neglects or refuses to quit and deliver up possession of the land:

• (b) Where the occupier of any Maori freehold land under a lease or licence, either written or verbal, is in arrear in the payment of rent for such period that the lessor or licensor is entitled to exercise a right of re-entry under the terms of the lease or licence:

• (c) Where the occupier of any Maori freehold land under a lease or licence, either written or verbal, is in arrear in the payment of rent, and deserts the land leaving it uncultivated or unoccupied so that no remedy of forfeiture is available:

• (d) Where any person without right, title, or licence is in possession of any Maori freehold land.

The Court may exercise with respect to Maori freehold land all of the powers conferred on the High Court by sections 118 and 119 of the Property Law Act 1952.

The Court may exercise with respect to Maori freehold land all of the powers conferred on the High Court by section 120 of the Property Law Act 1952.

The Court has the same jurisdiction as that of the High Court to grant and enforce specific performance or to award damages in addition to, or in substitution for, specific performance, in respect of leases of Maori freehold land or leases of General land owned by Maori that ceased to be Maori land under Part 1 of the Maori Affairs Amendment Act 1967.

The Court may exercise with respect to Maori freehold land all of the powers conferred on the District Court by subsections (1), (2), and (4) of section 128 of the Property Law Act 1952.

(1) Subject to the provisions of this section, the Court may exercise with respect to Maori freehold land all of the powers conferred on the High Court—

• (a) By subsections (1) to (5) of section 129 of the Property Law Act 1952; and

• (b) By subsections (1) to (6) of section 129A of the Property Law Act 1952.

(2) Instead of awarding damages to the owner of the land encroached or wrongly built upon, the Court may, in its discretion, award to the owner such portion of the encroaching owner's land or of the original land as in the Court's opinion will be reasonable recompense to the owner whose land has been encroached or wrongly built upon, and the Court may make a vesting order accordingly.

(3) An order may be made under this section notwithstanding that the encroachment took place before the commencement of this Act.

(4) Nothing in subsections (1) to (6) of section 129A of the Property Law Act 1952 (as applied by subsection (1)(b) of this section) restricts the operation of subsections (1) to (5) of section 129 of that Act (as applied by subsection (1)(a) of this section).

(1) Subject to subsection (2), the Court may exercise any power conferred on the High Court—

• (a) by the Contracts (Privity) Act 1982; or

• (b) by any of the provisions of sections 4, 7(6), 7(7) and 9 of the Contractual Remedies Act 1979.

(2) A power conferred on the Court by subsection (1) may be exercised only if the occasion for the exercise of that power arises in the course of proceedings (other than an application made for the purposes of section 7(1) of the Contracts (Privity) Act 1982 or section 7(6) or section 9 of the Contractual Remedies Act 1979) properly before the Court under section 18(1)(d) of this Act.

(1) On proof to the satisfaction of the Court that any instrument of alienation of Maori freehold land, whether executed before or after the commencement of this Act, has been lost or destroyed, it may make an order under this section if it is satisfied—

• (a) That the instrument was duly executed by or on behalf of the alienor; and

• (b) In the case of an instrument requiring confirmation, that it was duly confirmed, or if not so confirmed, that the Court or other competent authority had made a pronouncement in favour of confirmation

• (c) [Repealed]

(2) By an order under this section, the Court may declare the nature and effect of the instrument to which the order relates, and the instrument shall be deemed to have been of the nature and to have had effect according to its tenor, as declared in the order.

(3) Instead of or in addition to making an order declaring the nature and effect of the instrument, the Court may, on an application under this section, make an order vesting land or an interest in land to which the instrument related in—

• (a) any person or persons claiming under the instrument; or

• (b) any other person or persons claiming under or through the person or persons specified in paragraph (a).

(1) Notwithstanding anything to the contrary in the Fencing Act 1978, the Court shall have exclusive jurisdiction to hear and determine all claims, disputes, and questions arising under that Act where every parcel of land to which the claim, dispute, or question relates is Maori freehold land or General land owned by Maori.

(2) In addition to the exclusive jurisdiction conferred on the Court by subsection (1) of this section, the Court shall have jurisdiction, concurrent with that of any other court of competent jurisdiction, to hear and determine any claim, dispute, or question arising under that Act where any parcel of land to which the claim, dispute, or question relates is Maori freehold land or General land owned by Maori.

(3) In the exercise of its jurisdiction under this section, the Court may make an order for the payment of any sum in respect of any claim, dispute, or question under the Fencing Act 1978, and by the same or a subsequent order may direct by whom and to whom respectively any such sum shall be paid.

(4) In the exercise of its jurisdiction under this section, the Court may order payment to be made in respect of the erection or repair of any fence, notwithstanding that any notice required by the Fencing Act 1978 to be given or served has not been so given or served if the Court is satisfied that all reasonable attempts were made to give or serve such notice.

In sections 26B to 26N, unless the context otherwise requires,—

The Court has exclusive jurisdiction to advise on disputes referred to it—

• (a) under a dispute resolution process referred to in section 181(1) of the Maori Fisheries Act 2004:

• (b) by a party to a dispute under section 182(2) of the Maori Fisheries Act 2004.