Te Ture Whenua Maori Act 1993
Maori Land Act 1993

183 Court may appoint agent of owners for purposes of notices, etc

• (1) This section applies to any land to which section 181 applies.

  (2) Notwithstanding anything in subsection (1), the court may, on application made to it, certify that this section shall apply to any Maori land beneficially owned by not more than 10 persons and not vested in any trustee or trustees where it is satisfied that, because any owner is dead and that owner’s interests have not been vested in successors, or because the whereabouts of any owner is unknown, the giving of notice to, and the representation of, the owners in the ordinary way is impractical; and where the court gives such a certificate in respect of any land, this section shall apply to that land accordingly.

  (3) The powers of the court under this section may be exercised—

  • (a) following the giving of notice to the Registrar under section 181; or

  • (b) on the application of the person entitled to give any such notice; or

  • (c) on the application of any of the owners; or

  • (d) of the court’s own motion.

  (4) The court may, in respect of any land to which this section applies, appoint an owner, or 2 or more persons of whom at least 1 is an owner, or the Māori Trustee, or a body corporate constituted by or under any enactment, to be the agent or agents of the owners for 1 or more of the purposes specified in subsection (6) and subject to such limitations and conditions as are specified in the order.

  (5) The court shall not appoint any individual or body to be an agent of the owners under this section unless it is satisfied—

  • (a) that the individual or body has sufficient ability, experience, and knowledge to carry out the duties involved satisfactorily; and

  • (b) that the appointment of that individual or body would be broadly acceptable to the owners; and

  • (c) that the individual or body consents to the appointment.

  (6) An agent may be appointed for any 1 or more of the following purposes:

  • (a) to receive notices of a specified nature or concerning a specified matter:

  • (b) to protest, appeal, or make representations, in relation to any entry or proposed entry on the land, or the actual or proposed carrying out of any works on the land, or any proposed acquisition of the land by the Crown or a local authority or any other person or body for any purpose:

  • (c) to negotiate with the Crown or a local authority the terms of entry upon the land, or of the carrying out of works on the land, or the proposed acquisition of the land, and, subject to any conditions or restrictions imposed by the court, to enter into any agreement thereon:

  • (d) to negotiate for the settlement of compensation for land taken by the Crown or a local authority for a public work and, subject to any conditions or restrictions imposed by the court, to enter into any agreement thereon:

  • (e) to commence, defend, resist, or take part in proceedings of any nature relating to the land:

  • (f) to engage solicitors, valuers, engineers, or other professional or technical advisers to assist in carrying out any of the purposes for which the agents are appointed:

  • (g) to borrow money for the carrying out of any purposes for which the agents are appointed and give security for the repayment of such loans over the land or any proceeds of the land:

  • (h) to do any other specified thing in relation to the land.

  (7) Subject to the terms of the order appointing the agent under this section, no agent shall be personally liable for anything done by the agent in good faith in pursuance of the agent’s functions, duties, and powers under this section.

  (8) Without limiting anything in section 182(2), in any case where the court appoints an agent under this section it may direct the summoning of a meeting of owners to consider the matter for which the agent has been appointed.

  Compare: 1974 No 73 s 73(1)–(3)

  Section 183(4): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).