(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), 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 Māori 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, 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 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 1 or more temporary Judges, or (as the case may require) 1 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), 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 Ministry of Justice 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 Ministry of Justice) 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), 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:

• (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 or an appeal under Part 2 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 Māori 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 253 to 260 of the Property Law Act 2007.

The court may exercise with respect to Maori freehold land all of the powers conferred on the High Court by section 264 of the Property Law Act 2007.

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 a court by subpart 1 of Part 6 of the Property Law Act 2007.

The court may exercise with respect to Māori freehold land all of the powers conferred on a court by subpart 2 of Part 6 of the Property Law Act 2007.

(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.

The court, in its proceedings, has the same powers to award interest on any debt or damages as the District Court has under section 62B of the District Courts Act 1947 in its own proceedings.

(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), 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.

The court has exclusive jurisdiction to hear and determine, and make orders accordingly, in relation to—

• (a) disputes referred to it under section 182 of the Maori Fisheries Act 2004:

• (b) applications by Te Ohu Kai Moana Trustee Limited under section 185(1) of the Maori Fisheries Act 2004:

• (c) action taken by Te Ohu Kai Moana Trustee Limited in reliance on section 186 of the Maori Fisheries Act 2004:

• (d) disputes referred to it by any party under section 187 of the Maori Fisheries Act 2004.

(1) Any person who is a party to a matter referred to in section 26B or section 26C has standing in relation to the powers provided for in sections 26B to 26N.

(2) A request for advice under section 26B, or an application for a determination under section 26C, is—

• (a) a proceeding for the purposes of this Act; and

• (b) an application within the ordinary jurisdiction of the court.

(3) The court has the power and authority to give advice or make determinations as it thinks proper.

(4) The court must determine an application or matter referred to it for advice or determination under section 26B or section 26C by applying the same considerations as would be relevant under the Maori Fisheries Act 2004.

(5) Sections 26B and 26C do not limit the right of any person to appeal against any decision of the court.

(6) The court does not have jurisdiction under section 26B or section 26C unless it is satisfied that section 181(1) of the Maori Fisheries Act 2004 has been complied with by the parties.

(7) Subsection (6) does not limit section 182 or section 185 or section 186 of the Maori Fisheries Act 2004.

(8) Where a dispute resolution process contemplated by section 181(1) of the Maori Fisheries Act 2004 has not been agreed or has not been complied with, the court must order the parties to engage in a dispute resolution process on terms it prescribes unless it believes, for specified reasons, that such a process is inappropriate.

(9) Nothing in this section or in section 26B or section 26C restricts any other right of a person to bring proceedings in the court.

(1) The jurisdiction conferred by section 26B is exercised by written request to the Chief Judge by a party seeking advice.

(2) Within 20 working days of receiving a request under section 26B, the Chief Judge must allocate the request either to him or herself or to another Judge to address.

(3) Before supplying the advice sought, the Judge addressing a request for advice may (but is not obliged to)—

• (a) exercise the powers in section 67 for the purpose stated there:

• (b) consult with the requestor and parties affected by the advice:

• (c) refer some or all of the issues arising from the request to a mediator for mediation.

(4) The Chief Judge may appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise for the purpose of assisting the Judge with the request for advice.

(1) The jurisdiction conferred by section 26C is exercised on written application to the Chief Judge by a party seeking the determination.

(2) Within 20 working days of receiving an application under section 26C, the Chief Judge must allocate the application either to him or herself or to another Judge to address.

(3) The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following:

• (a) if subsection (5) applies, determine the issue without a full or any hearing and make an order accordingly:

• (b) refer the application to the court for hearing and determination:

• (c) exercise the powers in section 67 for the purpose stated there:

• (d) refer issues arising from the application to a mediator for mediation:

• (e) if subsection (6) applies, dismiss or defer consideration of the application.

(4) The Chief Judge may appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise for the purpose of providing advice on the application.

(5) The Judge may make a determination under subsection (3)(a) if the Judge is satisfied that—

• (a) the applicant has taken reasonable steps to notify affected parties of the application and those parties do not oppose the application; or

• (b) the parties have taken reasonable steps to resolve their dispute, as provided for in section 182(3) of the Maori Fisheries Act 2004.

(6) The Judge may dismiss or defer consideration of an application under subsection (3)(e) if—

• (a) it is vexatious, frivolous, or an abuse of the court, or fails to satisfy rules of court; or

• (b) it does not present serious issues for determination; or

• (c) the Judge considers it is appropriate to dismiss or defer consideration of the application for another reason.

(7) The Judge may choose not to address an application if the Judge is satisfied that the issues presented by the application are governed by another enactment or are more appropriately addressed in another forum.

(1) If a matter is referred to the court for hearing and determination under section 26F(3)(b), the court must proceed to hear and determine the application.

(1A) However, despite subsection (1), the court may (but is not obliged to) do 1 or more of the following:

• (a) if subsection (2) applies, determine the issue without a full or any hearing and make an order accordingly:

• (b) exercise the powers in section 67 for the purpose stated there:

• (c) if subsection (3) applies, dismiss or defer consideration of the application:

• (d) request a report from Te Ohu Kai Moana Trustee Limited on any matter the court considers appropriate.

(2) The court may make a determination under subsection (1)(a) if it is satisfied that—

• (a) the applicant has taken reasonable steps to notify affected parties of the application; and

• (b) those parties do not oppose the application.

(3) The court may dismiss or defer consideration of an application under subsection (1)(c) if—

• (a) it is vexatious, frivolous, or an abuse of the court, or fails to satisfy rules of court; or

• (b) it does not present serious issues for determination; or

• (c) the court considers it is appropriate to dismiss or defer consideration of the application for another reason.

(4) The court may choose not to address an application if it is satisfied that the issues presented by the application are governed by another enactment or are more appropriately addressed in another forum.

(5) The court may, of its own motion or at the request of any party to the proceeding, appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise to assist the court.

(1) A Judge who decides to refer issues to a mediator under section 26E(3)(c) or section 26F(3)(d) or section 26L(3)(a) must consult the parties affected by the application about who to appoint as mediator.

(2) The parties affected by the application may, by agreement among them, appoint as the mediator 1 or more persons with the skills and experience to undertake mediation on issues arising under the Maori Fisheries Act 2004.

(3) If a mediator is not appointed by agreement under subsection (2), the Judge must—

• (a) appoint a mediator; and

• (b) before doing so, be satisfied that the mediator has the skills and experience to undertake mediation on issues arising under the Maori Fisheries Act 2004.

(1) A Judge other than the Judge addressing an application may be a mediator.

(2) However, a Judge acting as a mediator is to be treated as acting judicially and retains the same immunities as he or she has when acting as a Judge.

(3) Despite subsection (2), a Judge who acts as a mediator must not sit as a Judge of the court on any of the same issues.

(1) A Judge may advise a mediator of the issues that need to be addressed at mediation.

(2) The following persons are entitled to attend and participate in a mediation:

• (a) parties affected and their representatives; and

• (b) any other person with the leave of the Judge addressing the application.

(3) A mediator may—

• (a) follow those procedures (structured or unstructured) and do those things the mediator considers appropriate to resolve the issues referred to the mediator promptly and effectively; and

• (b) receive any information, statement, admission, document, or other material in any way or form the mediator thinks fit, whether or not it would be admissible in judicial proceedings.

(4) Written and oral material presented at or for the mediation must be kept confidential by the mediator and those participating in the mediation, unless the party who produces the material consents to its disclosure.

(5) No person may be sued for defamation for statements made in mediation.

(6) Statements made and material presented at a mediation are admissible in a subsequent mediation of the same issues but are not admissible in other proceedings before a person acting judicially, unless the parties participating in the mediation consent to the admission of the statement or material.

(1) If some or all of the issues referred to mediation are resolved at mediation, the mediator must—

• (a) record the terms of that resolution; and

• (b) deliver them to the Judge.

(2) The Judge may include the terms of resolution so delivered in an order signed by the Judge and sealed with the seal of the court.

(1) If some or all of the issues referred to mediation are not resolved by mediation, and the mediator believes that those issues are unlikely to be resolved, the mediator must—

• (a) report that lack of resolution to the Judge; and

• (b) state the issues that are unresolved and any issues that have been resolved.

(2) Affected parties who participate in the mediation may, if mediation fails and they all agree, withdraw and discontinue the application.

(3) Subject to subsection (2), the Judge must, on receiving a report under subsection (1), either—

• (a) refer some or all of the unresolved issues to a mediator for mediation; or

• (b) refer the unresolved issues to the court for hearing and determination or for the provision of advice, as the case may be.

(4) A Judge who refers unresolved issues to the court under subsection (3)(b) may be the Judge who hears the matter or provides advice.

(1) In making orders under sections 26B to 26L, the Judge or the court, as the case may be, may do 1 or more of the following:

• (a) incorporate or restate the terms of an agreement reached by the persons participating in an application:

• (b) incorporate the terms that express the outcome of mediation:

• (c) specify that the order applies for general or specific purposes:

• (d) specify the purpose or purposes for which the order is made:

• (e) specify a date after which the order ceases to have effect:

• (f) in relation to a mandated iwi organisation,—

  • (i) require new elections or the appointment of office holders in accordance with the constitutional documents of the mandated iwi organisation:

  • (ii) require Te Ohu Kai Moana Trustee Limited to suspend recognition of a mandated iwi organisation until specified changes are made to its constitutional documents:

  • (iii) until the Judge or the court is satisfied that the dispute has been satisfactorily resolved, prevent an action—

    • (A) to allocate and transfer settlement assets under section 130 or section 135 of the Maori Fisheries Act 2004:

    • (B) to pay income under section 76 of the Maori Fisheries Act 2004:

    • (C) to distribute trust income under section 83 or section 98 of the Maori Fisheries Act 2004:

  • (iv) specify additional conditions or requirements necessary—

    • (A) to assist in the timely resolution of the dispute; or

    • (B) to prevent prejudice to the interests of the mandated iwi organisation or the members of its iwi:

• (g) make orders as to costs under section 79:

• (h) make other orders not inconsistent with the Maori Fisheries Act 2004, as the Judge or court considers appropriate.

(2) The Judge or the court, at the request of any party, may also order, as considered appropriate, that an action referred to in subsection (1)(f)(iii) be subject to an interim injunction until—

• (a) the date specified in the order; or

• (b) the conditions specified in the order are met; or

• (c) a further order is made by the court; or

• (d) the order ceases to have effect.

(3) If the court makes an order under subsection (1)(f)(iii) or subsection (2) that an action be prevented or be subject to an interim injunction, as the case may be, the affected assets must be held in trust by Te Ohu Kai Moana Trustee Limited in accordance with section 118A.

If additional members are appointed under section 26E(4) or section 26F(4) or section 26G(5), the proceedings and processes of the court cannot be challenged on appeal or in any other proceedings on the grounds that an additional member had a tribal affiliation or other relationship with any of the parties unless it is shown that the additional member acted in bad faith.

In sections 26P to 26ZB, unless the context otherwise requires, iwi aquaculture organisation, settlement assets, and trustee have the same meaning as in sections 4 and 5 of the Maori Commercial Aquaculture Claims Settlement Act 2004.

The court has exclusive jurisdiction to advise on disputes referred to it under a dispute resolution process referred to in section 53 of the Maori Commercial Aquaculture Claims Settlement Act 2004.

The court has exclusive jurisdiction to hear and determine, and make orders accordingly, in relation to disputes referred to it under section 54 of the Maori Commercial Aquaculture Claims Settlement Act 2004.

(1) Any person who is a party to a matter referred to in section 26P or section 26Q has standing in relation to the powers provided for in sections 26P to 26ZB.

(2) A request for advice under section 26P, or an application for a determination under section 26Q, is—

• (a) a proceeding for the purposes of this Act; and

• (b) an application within the ordinary jurisdiction of the court.

(3) The court has the power and authority to give advice or make determinations as it thinks proper.

(4) The court must determine an application or matter referred to it for advice or determination under section 26P or section 26Q by applying the same criteria as would be applied under the Maori Commercial Aquaculture Claims Settlement Act 2004.

(5) Sections 26P and 26Q do not limit the right of any person to appeal against any decision of the court.

(6) The court does not have jurisdiction under this section unless it is satisfied that section 53 of the Maori Commercial Aquaculture Claims Settlement Act 2004 has been complied with by the parties.

(7) Where a dispute resolution process contemplated by section 53 of the Maori Commercial Aquaculture Claims Settlement Act 2004 has not been agreed or has not been complied with, the court must order the parties to engage in a dispute resolution process on terms it prescribes unless it believes, for specified reasons, that such a process is inappropriate.

(8) Nothing in this section or in section 26P or section 26Q restricts any other right of a person to bring proceedings in the court.

(1) The jurisdiction conferred by section 26P is exercised by written request to the Chief Judge by a party seeking advice.

(2) Within 20 working days of receiving a request under section 26P, the Chief Judge must allocate the request either to himself or herself or to another Judge to address.

(3) Before supplying the advice sought, the Judge addressing a request for advice may (but is not obliged to)—

• (a) exercise the powers in section 67 for the purpose stated there:

• (b) consult with the requestor and parties affected by the advice:

• (c) refer some or all of the issues arising from the request to a mediator for mediation.

(4) The Chief Judge may appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise for the purpose of assisting the Judge with the request for advice.

(1) The jurisdiction conferred by section 26Q is exercised on written application to the Chief Judge by a party seeking the determination.

(2) Within 20 working days of receiving an application under section 26Q, the Chief Judge must allocate the application either to himself or herself or to another Judge to address.

(3) The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following:

• (a) if subsection (5) applies, determine the issue without a full or any hearing and make an order accordingly:

• (b) refer the application to the court for hearing and determination:

• (c) exercise the powers in section 67 for the purpose stated there:

• (d) refer issues arising from the application to a mediator for mediation:

• (e) if subsection (6) applies, dismiss or defer consideration of the application.

(4) The Chief Judge may appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise for the purpose of providing advice on the application.

(5) The Judge may make a determination under subsection (3)(a) if the Judge is satisfied that—

• (a) the applicant has taken reasonable steps to notify affected parties of the application, and those parties do not oppose the application; or

• (b) the parties have taken reasonable steps to resolve their dispute, as provided for in section 54(3) of the Maori Commercial Aquaculture Claims Settlement Act 2004.

(6) The Judge may dismiss or defer consideration of an application under subsection (3)(e) if—

• (a) it is vexatious, frivolous, or an abuse of the court, or fails to satisfy rules of court; or

• (b) it does not present serious issues for determination; or

• (c) the Judge considers it is appropriate to dismiss or defer consideration of the application for another reason.

(7) The Judge may choose not to address an application if the Judge is satisfied that the issues presented by the application are governed by another enactment or are more appropriately addressed in another forum.

(1) If a matter is referred to the court for hearing and determination under section 26T(3)(b), the court must proceed to hear and determine the application.

(1A) However, despite subsection (1), the court may (but is not obliged to) do 1 or more of the following:

• (a) if subsection (2) applies, determine the issue without a full or any hearing and make an order accordingly:

• (b) exercise the powers in section 67 for the purpose stated there:

• (c) if subsection (3) applies, dismiss or defer consideration of the application:

• (d) request a report from Te Ohu Kai Moana Trustee Limited on any matter the court considers appropriate.

(2) The court may make a determination under subsection (1)(a) if it is satisfied that—

• (a) the applicant has taken reasonable steps to notify affected parties of the application; and

• (b) those parties do not oppose the application.

(3) The court may dismiss or defer consideration of an application under subsection (1)(c) if—

• (a) it is vexatious, frivolous, or an abuse of the court, or fails to satisfy rules of court; or

• (b) it does not present serious issues for determination; or

• (c) the court considers it is appropriate to dismiss or defer consideration of the application for another reason.

(4) The court may choose not to address an application if it is satisfied that the issues presented by the application are governed by another enactment or are more appropriately addressed in another forum.

(5) The court may, of its own motion or at the request of any party to the proceeding, appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise to assist the court.

(1) A Judge who decides to refer issues to a mediator under section 26S(3)(c) or section 26T(3)(d) or section 26Z(3)(a) must consult the parties affected by the application about who to appoint as mediator.

(2) The parties affected by the application may, by agreement among them, appoint as the mediator 1 or more persons with the skills and experience to undertake mediation on issues arising under the Maori Commercial Aquaculture Claims Settlement Act 2004.

(3) If a mediator is not appointed by agreement under subsection (2), the Judge must—

• (a) appoint a mediator; and

• (b) before doing so, be satisfied that the mediator has the skills and experience to undertake mediation on issues arising under the Maori Commercial Aquaculture Claims Settlement Act 2004.

(1) A Judge other than the Judge addressing an application may be a mediator.

(2) However, a Judge acting as a mediator is to be treated as acting judicially and retains the same immunities as he or she has when acting as a Judge.

(3) Despite subsection (2), a Judge who acts as a mediator must not sit as a Judge of the court on any of the same issues.

(1) A Judge may advise a mediator of the issues that need to be addressed at mediation.

(2) The following persons are entitled to attend and participate in a mediation:

• (a) parties affected and their representatives; and

• (b) any other person with the leave of the Judge addressing the application.

(3) A mediator may—

• (a) follow those procedures (structured or unstructured) and do those things the mediator considers appropriate to resolve the issues referred to the mediator promptly and effectively; and

• (b) receive any information, statement, admission, document, or other material in any way or form the mediator thinks fit, whether or not it would be admissible in judicial proceedings.

(4) Written and oral material presented at or for the mediation must be kept confidential by the mediator and those participating in the mediation, unless the party who produces the material consents to its disclosure.

(5) No person may be sued for defamation for statements made in mediation.

(6) Statements made and material presented at a mediation are admissible in a subsequent mediation of the same issues, but are not admissible in other proceedings before a person acting judicially, unless the parties participating in the mediation consent to the admission of the statement or material.

(1) If some or all of the issues referred to mediation are resolved at mediation, the mediator must—

• (a) record the terms of that resolution; and

• (b) deliver them to the Judge.

(2) The Judge may include the terms of resolution so delivered in an order signed by the Judge and sealed with the seal of the court.

(1) If some or all of the issues referred to mediation are not resolved by mediation, and the mediator believes that those issues are unlikely to be resolved, the mediator must—

• (a) report that lack of resolution to the Judge; and

• (b) state the issues that are unresolved and any issues that have been resolved.

(2) Affected parties who participate in the mediation may, if mediation fails and they all agree, withdraw and discontinue the application.

(3) Subject to subsection (2), the Judge must, on receiving a report under subsection (1), either—

• (a) refer some or all of the unresolved issues to a mediator for mediation; or

• (b) refer the unresolved issues to the court for hearing and determination or for the provision of advice, as the case may be.

(4) A Judge who refers unresolved issues to the court under subsection (3)(b) may be the Judge who hears the matter or provides advice.

(1) In making orders under sections 26P to 26Z, the Judge or the court, as the case may be, may do 1 or more of the following:

• (a) incorporate or restate the terms of an agreement reached by the persons participating in an application:

• (b) incorporate the terms that express the outcome of mediation:

• (c) specify that the order applies for general or specific purposes:

• (d) specify the purpose or purposes for which the order is made:

• (e) specify a date after which the order ceases to have effect:

• (f) in relation to an iwi aquaculture organisation,—

  • (i) require new elections or the appointment of office holders in accordance with the constitutional documents of the iwi aquaculture organisation:

  • (ii) require the trustee to suspend recognition of an iwi aquaculture organisation until specified changes are made to its constitutional documents:

  • (iii) until the Judge or the court is satisfied that the dispute has been satisfactorily resolved, prevent an action to allocate and transfer settlement assets under the Maori Commercial Aquaculture Claims Settlement Act 2004:

  • (iv) specify additional conditions or requirements necessary—

    • (A) to assist in the timely resolution of the dispute; or

    • (B) to prevent prejudice to the interests of the iwi aquaculture organisation or the members of its iwi:

• (g) make orders as to costs under section 79:

• (h) make other orders not inconsistent with the Maori Commercial Aquaculture Claims Settlement Act 2004, or as the Judge or court considers appropriate.

(2) The Judge or the court, at the request of any party, may also order, as it considers appropriate, that an action referred to in subsection (1)(f)(iii) be subject to an interim injunction until—

• (a) the date specified in the order; or

• (b) the conditions specified in the order are met; or

• (c) a further order is made by the court; or

• (d) the order ceases to have effect.

(3) If the court makes an order under subsection (1)(f)(iii) or subsection (2) that an action be prevented or be subject to an interim injunction, as the case may be, the affected assets must be held in trust by the trustee in accordance with section 118B.

If additional members are appointed under section 26S(4) or section 26T(4) or section 26U(5), the proceedings and processes of the court cannot be challenged on appeal or in any other proceedings on the ground that an additional member had a tribal affiliation or other relationship with any of the parties unless it is shown that the additional member acted in bad faith.

(1) The Governor-General may, by Order in Council, confer upon the court jurisdiction to determine any claim, dispute, issue, question, or other matter affecting the rights of Maori in any real or personal property, or any other matter that, in the opinion of the Governor-General, properly falls within the field of the special expertise of the court.

(2) Any order made by the court in any case referred to it under this section shall have the same effect and shall be dealt with as nearly as may be in the same manner as an order or determination of similar nature made by the court in the exercise of the jurisdiction expressly conferred upon it by this Act.

(3) Nothing in this section shall authorise such an extension of the jurisdiction of the court as would remove or modify any statutory restriction or limitation of the jurisdiction of the court, or to confer on the court authority to vary or annul any order or decision of the Maori Appellate Court.

(1) An Order in Council made under section 27(1) may provide that, for the purpose of any claim, dispute, issue, question, or other matter to which the Order in Council relates, there shall be 1 or 2 additional members of the Maori Land Court or the Maori Appellate Court, as the case may require.

(2) Each additional member shall possess knowledge and experience relevant to the claim, dispute, issue, question, or other matter to which the Order in Council relates.

(3) No additional member shall be a Judge of the Maori Land Court.

(4) The Order in Council may appoint the additional member or additional members or authorise the Chief Judge to appoint the additional member or additional members.

(5) The Chief Judge shall, before appointing any person pursuant to an Order in Council made under section 27(1) for the purposes of any claim, dispute, issue, question, or other matter, consult with the parties to the proceedings about the knowledge and experience that any such person should possess.

(1) The Minister, the chief executive, or the Chief Judge may at any time refer to the court for inquiry and report any matter as to which, in the opinion of the Minister, the chief executive, or the Chief Judge, it may be necessary or expedient that any such inquiry should be made.

(2) A reference under this section shall be deemed to be an application within the ordinary jurisdiction of the Maori Land Court, and the Maori Land Court shall have full power and authority accordingly to hear the matter and to make such report and recommendations on the matter to the Minister, the chief executive, or the Chief Judge as the Maori Land Court thinks proper.

(1) The Maori Land Court may do either of the following things:

• (a) advise other courts, commissions, or tribunals as to who are the most appropriate representatives of a class or group of Maori:

• (b) determine, by order, who are the most appropriate representatives of a class or group of Maori.

(2) The jurisdiction of the Maori Land Court in subsection (1) applies to representation of a class or group of Maori in or for the purpose of (current or intended) proceedings, negotiations, consultations, allocations of property, or other matters.

(3) A request for advice or an application for an order under subsection (1) is an application within the ordinary jurisdiction of the Maori Land Court, and the Maori Land Court has the power and authority to give advice and make determinations as the court thinks proper.

The intent of section 30 and sections 30B to 30I is—

• (a) to enable and encourage applicants and persons affected by an application under section 30 to resolve their differences concerning representation, without adjudication; and

• (b) to enable the Chief Judge to facilitate, as far as possible, successful resolution of differences surrounding an application by the persons affected, without adjudication.

(1) The jurisdiction in section 30(1)(a) (to advise other courts, commissions, or tribunals) is exercised by written request to the Chief Judge by the court, commission, or tribunal seeking the advice.

(2) Within 20 working days of receiving a request under subsection (1), the Chief Judge must allocate the request either to him or herself or to another Judge to address.

(3) The Judge addressing a request for advice may (but is not obliged to) do 1 or more of the following things, before supplying the advice sought:

• (a) exercise the powers in section 67 for the purpose expressed in that section:

• (b) consult with the requestor and persons affected by the advice:

• (c) refer some or all of the issues arising from the request to a mediator for mediation.

(1) The jurisdiction in section 30(1)(b) is exercised on written application to the Chief Judge.

(2) Within 20 working days of receiving an application under subsection (1), the Chief Judge must allocate the application either to him or herself or to another Judge to address.

(3) The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following things:

• (a) determine the most appropriate representatives of a class or group of Maori, and order accordingly, if subsection (5) applies:

• (b) refer the application to the Maori Land Court for hearing and determination:

• (c) exercise the powers in section 67 for the purpose expressed in that section:

• (d) refer some or all of the issues arising from the application to a mediator for mediation:

• (e) dismiss or defer consideration of the application, if subsection (6) applies.

(4) The Judge may choose not to address an application if the Judge is satisfied that the issues it presents are governed by another enactment, or another part of this Act, or are more appropriately addressed in another forum.

(5) The Judge may make a determination under subsection (3)(a) if the Judge is satisfied that—

• (a) the applicant has taken reasonable steps to notify those persons affected by the application of the application; and

• (b) those persons do not oppose the application.

(6) The Judge may dismiss or defer consideration of an application under subsection (3)(e) if—

• (a) it is vexatious, frivolous or an abuse of the Maori Land Court, or fails to satisfy rules of court; or

• (b) it does not present serious issues for determination; or

• (c) the Judge considers it appropriate to dismiss or defer consideration of the application for another reason.

(1) A Judge who decides to refer issues to a mediator under section 30B(3)(c), section 30C(3)(d), section 30G(3)(a), or section 30I(2) must consult the persons affected by the application about who to appoint as mediator.

(2) The persons affected by the application may, by agreement among them, appoint as mediator a person or persons with the skills and experience to undertake mediation on issues of representation for a class or group of Maori.

(3) The Judge must appoint a mediator if a mediator is not appointed by agreement under subsection (2).

(4) The Judge must be satisfied, before appointing a mediator, that the mediator has the skills and experience to undertake mediation on issues of representation for a class or group of Maori.

(5) A Judge other than the Judge addressing an application may be a mediator; a Judge acting as a mediator is, however, to be treated as acting judicially, and retains the same immunities as when acting as a Judge.

(6) Despite subsection (5), a Judge who acts as a mediator must not sit as a Judge of a Maori Land Court on some or all of the same issues.

(1) A Judge may advise a mediator of the issues that need to be addressed at mediation.

(1A) The following persons are entitled to attend and participate in a mediation:

• (a) persons affected and their representatives:

• (b) any other person with the leave of the Judge addressing the application.

(2) A mediator may—

• (a) follow those procedures (structured or unstructured) and do those things the mediator considers appropriate to resolve the issues referred to the mediator promptly and effectively; and

• (b) receive any information, statement, admission, document, or other material, in any way or form the mediator thinks fit, whether or not it would be admissible in judicial proceedings.

(3) Written and oral material presented at or for the mediation must be kept confidential by the mediator and those participating in the mediation unless the person who produces the material consents to its disclosure.

(4) A person may not be sued for defamation for statements made in mediation.

(5) Statements made and material presented at mediation are admissible in a subsequent mediation of the same issues but are not admissible in other proceedings before a person acting judicially unless the parties participating in the mediation consent to the admission of the statement or material.

(1) If some or all of the issues referred to mediation are resolved at mediation, the mediator must—

• (a) record the terms of that resolution; and

• (b) deliver them to the Judge.

(2) The Judge may include the terms of resolution so delivered in an order signed by the Judge and sealed with the seal of the Maori Land Court.

(1) If some or all of the issues referred to mediation are not resolved by mediation and the mediator believes that those issues are unlikely to be resolved, the mediator must—

• (a) report that lack of resolution to the Judge; and

• (b) state the issues that are unresolved and any issues that have been resolved.

(2) The persons affected participating in the mediation may, if mediation fails and they all agree, withdraw and discontinue the application.

(3) Subject to subsection (2), the Judge must, on receiving a report under subsection (1), either—

• (a) refer some or all of the unresolved issues to a mediator for mediation; or

• (b) refer the unresolved issues to the Maori Land Court for hearing and determination or for the provision of advice, as the case may be.

(4) A Judge referring unresolved issues to the Maori Land Court under subsection (3)(b) may be the Judge of the Maori Land Court that hears the matter or provides advice.

(1) In making orders under section 30 and sections 30B to 30I, the Judge or the court, as the case may be, may do 1 or more of the following:

• (a) specify the duties and powers of the representatives of a class or group of Maori and impose conditions on the exercise of those powers:

• (b) incorporate or restate the terms of an agreement reached by the persons participating in an application:

• (c) incorporate the terms that express the outcome of mediation:

• (d) specify that the order applies for general or specific purposes:

• (e) specify the purpose or purposes for which the order is made:

• (f) specify a date after which the order ceases to have effect.

(2) Neither a Judge nor the court has jurisdiction to make an order that binds the Crown in relation to applications concerning Treaty settlement negotiations unless the Crown agrees to be bound.

(1) The Maori Land Court may review any advice or determination supplied by it under section 30(1) if,—

• (a) in the case of advice, it is requested to do so by the court, commission, or tribunal at whose request that advice was supplied; and

• (b) in other cases, the Chief Judge is satisfied, on receipt of a written application, that a review is necessary.

(2) The court may refer some or all of the issues arising on a review of advice or a determination under subsection (1) to a mediator for mediation.

(3) Sections 30D to 30G apply, with necessary changes, to mediation under subsection (2).

(4) The court may, on any review under subsection (1), change any advice supplied by it under section 30(1)(a) or amend an order made by it under section 30(1)(b) to reflect changes of circumstances or fact.

(5) A review under subsection (1) must be completed within 3 months of receipt of the request or application for review.

(6) This section applies to advice given and determinations made under section 30 before Te Ture Whenua Maori Amendment Act 2002 (the Maori Land Amendment Act 2002) was passed.

In sections 30A to 30G, persons affected by, or in relation to, a request for advice or an application for an order under section 30 are the members of the class or group of Maori to which the request or application relates.

(1) Where any matter is referred to the court for inquiry under section 29, the Chief Judge may, for the purposes of that inquiry, appoint 1 or 2 additional members (not being Judges of the Maori Land Court) to the Maori Land Court.

(2) Each person appointed under subsection (1) shall possess knowledge and experience relevant to the subject matter of the inquiry.

(3) The Chief Judge shall, before appointing any person under subsection (1) for the purpose of any inquiry, consult with the parties to the inquiry about the knowledge and experience that any such person should possess.

(1) Where a matter of tikanga Maori is referred to the Maori Land Court under section 29, the Chief Judge shall, under section 31(1), appoint 2 or more additional members to the Maori Land Court.

(2) Where subsection (1) applies in relation to any matter of tikanga Maori, every person appointed under section 31 in relation to that matter shall possess knowledge and experience of tikanga Maori.

(1) If the Maori Land Court exercises its jurisdiction under section 30(1) or section 30I(1), and unless the Judge determines an application under section 30C(3)(a), the Chief Judge must appoint 2 or more additional members (not being Judges of the Maori Land Court) to the Maori Land Court.

(2) Each person appointed under subsection (1) shall possess knowledge and experience relevant to the subject matter of the request.

(3) The Chief Judge shall, before appointing any person under subsection (1) for the purpose of any request, consult, as the case may require, with the parties to the proceedings or with persons involved in the negotiations, consultations, allocation, or other matter about the knowledge and experience that any such person should possess.

Before entering upon the exercise of the duties of his or her office, any additional member of the Maori Land Court or Maori Appellate Court appointed under section 26E(4) or section 26F(4) or section 26G(5) or section 26S(4) or section 26T(4) or section 26U(5) or section 28(1) or section 31(1) or section 33(1) or by an Order in Council made under section 27(1) shall take an oath before a Judge of the Maori Land Court that he or she will faithfully and impartially perform the duties of his or her office.

There shall be paid to any additional member of the Maori Land Court or Maori Appellate Court appointed under section 26E(4) or section 26F(4) or section 26G(5) or section 26S(4) or section 26T(4) or section 26U(5) or section 28(1) or section 31(1) or section 33(1) or by an Order in Council made under section 27(1), out of public money, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the Maori Land Court or the Maori Appellate Court, as the case may require, were a statutory board within the meaning of that Act.

(1) Where, for the purposes of any proceedings or matter, an additional member or additional members are appointed to the Maori Land Court under section 26E(4) or section 26F(4) or section 26G(5) or section 26S(4) or section 26T(4) or section 26U(5) or section 28(1) or section 31(1) or section 33(1) or pursuant to an Order in Council made under section 27(1), the presence of a Judge and of at least 1 additional member shall be necessary to constitute a sitting of the Maori Land Court.

(2) Where the matter before the court is a matter of tikanga Maori, or a matter arising on a request made under section 30(1), or where the court is constituted under section 33 the decision of a majority of the members present at a sitting of the Maori Land Court shall be the decision of the Maori Land Court.

(3) Where the matter before the court is not a matter to which subsection (2) applies, the decision of a majority (including the Judge) of the members present at a sitting of the Maori Land Court shall be the decision of the Maori Land Court. If the members present are equally divided in opinion, the decision of the Judge shall be the decision of the Maori Land Court.

(4) If any question before the Maori Land Court cannot be decided in accordance with subsection (2) or subsection (3), the question shall be referred to the Maori Appellate Court for decision in accordance with the practice and procedure of that court, which for that purpose shall have all the powers of the Maori Land Court under this Act. The decision of the Maori Appellate Court in any proceedings under this subsection shall be final and shall take effect and be enforced as if it were a decision of the Maori Land Court under this Act.

(5) Where, for the purposes of any proceedings or matter, an additional member or additional members are appointed to the Maori Appellate Court under section 28(1) or pursuant to an Order in Council made under section 27(1), section 63 shall apply in relation to the proceedings or matter as if the Maori Appellate Court were constituted, for the purposes of the proceedings or matter, under section 62.

(1) Subject to any express provisions of this Act or of the rules of court relating to the making of applications, the jurisdiction of the court may be exercised on the application of—

• (a) any person claiming to have an interest in the matter; or

• (b) the Minister or the chief executive or a Registrar.

(2) Notwithstanding subsection (1), the court may grant to any person, body, or association leave to make an application to the court for the exercise of its jurisdiction where the court is satisfied—

• (a) that a question of importance to the Maori people or any tribe or group of the Maori people is involved; and

• (b) that, because of the standing of the proposed applicant among the Maori people concerned and the proposed applicant’s relationship to or connection with any land to which the application relates, it is appropriate that leave be granted to the proposed applicant.

(3) In the course of the proceedings on any application, the court may, subject to the rules of court, without further application, and upon such terms as to notice to parties and otherwise as the court thinks fit, proceed to exercise any other part of its jurisdiction the exercise of which in those proceedings the court considers necessary or desirable.

(1) Any Judge sitting alone, or any 2 or more Judges sitting together, may exercise all the powers of the court.

(2) With the consent of the parties, proceedings may be continued before a Judge or Judges other than the Judge or Judges before whom they were commenced.

(1) Without limiting section 38, the jurisdiction and powers conferred on the court by this or any other Act may be exercised by any Registrar of the court especially designated for the purposes of this section by the Chief Judge with the concurrence of the Chief Registrar, in all or any of the classes of case specified by the rules of court, as the Chief Judge may determine.

(2) Every order made by a Registrar in the exercise of any jurisdiction or power pursuant to subsection (1) shall be deemed for all purposes to be an order of the court.

(1) Subject to the rules of court, a Judge may refer to a Registrar for inquiry and report—

• (a) any proceedings that require the preparation of any whakapapa; or

• (b) any proceedings that require any prolonged examination of documents or any scientific or local investigation that cannot, in the opinion of the Judge, conveniently be made before the Judge:

• (c) any proceedings where the question in dispute consists wholly or in part of matters of account:

• (d) with the consent of the parties, any other proceedings:

• (e) any question arising in any proceedings.

(2) Where any proceedings or questions are referred to a Registrar under this section, a Judge may direct how the reference shall be conducted, and may remit any report for further inquiry and report, and, on consideration of any report or further report, may give such judgment or make such order in the proceedings as may be just.

(3) A Judge may, after deciding or reserving any question of liability, refer to the Registrar or to the Registrar and an accountant any mere matter of account that is in dispute between the parties, and, after deciding the question of liability, may give judgment on the Registrar’s report.

(1) The substance of every final order of the court shall be pronounced orally in open court.

(2) Subject to section 42, every such order shall take effect according to its tenor as from the commencement of the day on which it is so pronounced.

(3) A minute of the order shall forthwith be entered in the records of the court.

(1) Except as may be provided by the rules of court, every order of the court shall be drawn up, sealed, and signed in accordance with the rules of court.

(2) Every such order shall be dated as of the date of the minute of the order, and shall relate back to that date.

(1) Subject to subsection (2), on an application made in accordance with the rules of court by any person interested in any matter in respect of which the court has made an order, the Judge by whom the order was made or any other Judge may order a rehearing upon such terms as the Judge thinks reasonable, and in the meantime may stay the proceedings.

(2) A rehearing under this section shall not be granted on an application made more than 28 days after the order, unless the Judge is satisfied that the application could not reasonably have been made sooner.

(3) An application under this section shall not operate as a stay of proceedings unless the Judge so orders.

(4) The rehearing need not take place before the Judge by whom the proceedings were originally heard.

(5) On any rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing.

(6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court.

(7) [Repealed]

(1) On any application made under section 45, the Chief Judge may, if satisfied that an order made by the court or a Registrar (including an order made by a Registrar before the commencement of this Act), or a certificate of confirmation issued by a Registrar under section 160, was erroneous in fact or in law because of any mistake or omission on the part of the court or the Registrar or in the presentation of the facts of the case to the court or the Registrar, cancel or amend the order or certificate of confirmation or make such other order or issue such certificate of confirmation as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission.

(2) Subject to section 48 but notwithstanding any other provision of this Act, any order under this section may be made to take effect retrospectively to such extent as the Chief Judge thinks necessary for the purpose of giving full effect to that order.

(3) Notwithstanding anything to the contrary in this Act, the powers conferred on the Chief Judge by this section may be exercised in respect of orders to which the provisions of section 77 would otherwise be applicable.

(4) The powers conferred on the Chief Judge by this section shall not apply with respect to any vesting order made under Part 6 in respect of Maori customary land.

(5) The Chief Judge may decline to exercise jurisdiction under this section in respect of any application, and no appeal shall lie to the Maori Appellate Court from the dismissal by the Chief Judge of an application under this section.

(1) The jurisdiction conferred on the Chief Judge by section 44 shall be exercised only on application in writing made by or on behalf of a person who claims to have been adversely affected by the order to which the application relates, or by the Registrar.

(2) On any application under this section, the Chief Judge may require the applicant to deposit in an office of the court such sum as the Chief Judge thinks fit as security for costs, and may summarily dismiss the application if the amount so fixed is not so deposited within the time allowed.

(1) The Chief Judge may refer any application under section 45 to the court or the Maori Appellate Court for inquiry and report, and may deal with any such application without holding formal sittings or hearing the parties in open court.

(2) The Chief Judge may state a case for the opinion of the High Court on any point of law that arises in relation to any application made under section 45; and the provisions of section 72 shall, with all necessary modifications, extend and apply to any case so stated.

(3) The Chief Judge shall have and may exercise in respect of any application under section 45 the same power as the court possesses under section 79 to make such order as it thinks just as to the payment of costs; and the provisions of that section shall, with any necessary modifications, apply accordingly.

(1) Every order made by the Chief Judge under section 44 shall be signed by the Chief Judge and sealed with the seal of the Maori Land Court.

(2) The Chief Judge may at any time cause duplicates of any order made by the Chief Judge or by any former Chief Judge, or by the Deputy Chief Judge or any former Deputy Chief Judge, under section 44 or the corresponding provisions of any former enactment, to be signed and sealed.

(3) Every such duplicate shall have the word “Duplicate” written or stamped on it, and shall have the same evidentiary value as the order of which it is a duplicate.

(4) All consequential amendments required to be made in any order, record, or document made, issued, or kept by the court, because of any order made by the Chief Judge under section 44, or made by the Maori Appellate Court on appeal from any such order, may be made by any Judge of the court; and where it becomes necessary to correct the Land Transfer Register, a copy of the order and a note of the consequential amendments made pursuant to this subsection shall be transmitted by the Registrar of the court to the District Land Registrar, who shall thereupon make all necessary amendments in the register of the title to the land affected.

(5) No fee shall be payable under this Act or the Land Transfer Act 1952 in respect of the making of any necessary amendments in the register of the title to any land under subsection (4).

(1) No order made by the Chief Judge under section 44, or made by the Appellate Court on appeal from any such order, shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order.

(2) No payment made in good faith pursuant to or for the purposes of the original order shall be deemed to have been made without lawful authority merely because that order has been cancelled or amended by an order made under section 44.

(3) Notwithstanding that an application has been made under section 45, any trustee or agent holding any money for distribution may, unless an injunction under section 19(1)(d) has been obtained and served on the trustee, distribute the money to the person entitled to it in accordance with the terms of the order to which the application relates.

(4) Where such an injunction is obtained, the Chief Judge may, in the order made pursuant to the application or by a separate order, determine the persons to whom any money to which the injunction relates shall be paid and their relative shares or interests in the money.

The Deputy Chief Judge has and may exercise, subject to the direction of the Chief Judge, the powers, functions, and duties of the Chief Judge under sections 44 to 48.

(1) Every order made by the Chief Judge or the Deputy Chief Judge under section 44 shall be subject to appeal to the Maori Appellate Court.

(2) On the determination of any such appeal by the Maori Appellate Court, no further application in respect of the same matter shall be made under section 45.

There shall continue to be a court of record called the Maori Appellate Court, which shall be the same court as that existing under the same name immediately before the commencement of this Part.

(1) The Judges of the Maori Land Court for the time being shall be the Judges of the Maori Appellate Court.

(2) Any 3 or more Judges shall have power to act as the Maori Appellate Court.

(3) The Maori Appellate Court may sit in 2 or more divisions at the same time, and each division shall have all the powers and jurisdiction of the Maori Appellate Court.

(4) The Chief Judge, or (in the absence of the Chief Judge) the Deputy Chief Judge, or (in the absence of the Chief Judge and the Deputy Chief Judge) either the senior Judge present or another Judge to be appointed in that behalf by the Chief Judge, shall preside in the Maori Appellate Court.

(5) Proceedings in the Maori Appellate Court may be continued before Judges other than those before whom they were commenced.

The Registrars, Deputy Registrars, and other officers of the Maori Land Court shall, without further appointment, act in the same capacity in the Maori Appellate Court.

(1) The Maori Appellate Court shall have, in the custody of 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 Maori Appellate Court unless and until a new seal is duly prescribed by the Governor-General.

Successive appeals to the Maori Appellate Court may be brought in respect of the same order at the suit of different persons, but no matter determined on appeal shall be again brought in question in any other appeal.

(1) Every appeal to the Maori Appellate Court shall be by way of rehearing.

(2) No party, at the hearing of an appeal, shall be entitled to adduce any evidence that was not adduced at the earlier hearing, but the Maori Appellate Court may allow any such further evidence to be adduced if, in its opinion, it is necessary to enable it to reach a just decision in the case.

(3) Nothing in subsection (2) shall prevent the Maori Appellate Court from referring to any record or other document filed or held in the records of the court although that record or document may not have been produced or referred to at the earlier hearing.

(4) The evidence adduced at the earlier hearing shall be proved by the records of the Maori Land Court, and no other proof of that evidence shall be admitted except by leave of the Maori Appellate Court.

(1) On any appeal, the Maori Appellate Court may, by order, do such 1 or more of the following things as it thinks fit:

• (a) it may affirm the order appealed from:

• (b) it may annul or revoke that order, with or without the substitution of any other order:

• (c) it may vary that order:

• (d) it may direct the Maori Land Court to make such other or additional order as the Maori Appellate Court thinks fit:

• (e) it may direct a rehearing by the Maori Land Court of the whole or any specified part of the matter to which the order relates:

• (f) it may make any order that the Maori Land Court could have made in the proceedings:

• (g) it may dismiss the appeal.

(2) The Maori Appellate Court, in the exercise of the jurisdiction conferred on it by this section, may exercise, as though it were the Maori Land Court, any of the discretionary powers conferred upon that court.

(1) The decision of the Maori Appellate Court shall be in accordance with the opinion of the majority of the Judges present.

(2) If the Judges present are equally divided in opinion, the order appealed from or under review shall be deemed to be affirmed.

(1) Except as expressly provided to the contrary in this Act or any other enactment, the Maori Appellate Court shall have jurisdiction to hear and determine appeals from any final order of the Maori Land Court, whether made under this Act or otherwise.

(2) Any such appeal may be brought by or on behalf of any party to the proceedings in which the order is made, or any other person bound by the order or materially affected by it.

(3) Every such appeal shall be commenced by notice of appeal given in the form and manner prescribed by the rules of court within 2 months after the date of the minute of the order appealed from or within such further period as the Maori Appellate Court may allow.

(1) A party to an appeal under section 58 may appeal to the Court of Appeal against all or part of the determination of the Maori Appellate Court on the appeal.

(2) On an appeal under subsection (1), the Court of Appeal may make any order or determination it thinks fit.

(1) A party to an appeal under section 58 may, with the leave of the Supreme Court, appeal to the Supreme Court against all or part of the determination of the Maori Appellate Court on the appeal.

(2) On an appeal under subsection (1), the Supreme Court may make any order or determination it thinks fit.

(3) This section is subject to section 14 of the Supreme Court Act 2003 (which provides that the Supreme Court must not give leave to appeal directly to it against a decision made in a court other than the Court of Appeal unless it is satisfied that there are exceptional circumstances that justify taking the proposed appeal directly to the Supreme Court).

(1) By leave of the Maori Land Court, but not otherwise, an appeal shall lie to the Maori Appellate Court from any provisional or preliminary determination of the Maori Land Court made in the course of any proceedings.

(2) Any such appeal may be brought by or on behalf of any person who is materially affected by the determination appealed from, or who would be bound by an order made in pursuance of it.

(3) The Maori Land Court may decline leave where it is satisfied that the interests of justice and of the parties would best be served by completing the proceedings before any appeal is made to the Maori Appellate Court.

(4) When leave to appeal is so given, the Maori Land Court may either stay further proceedings in the matter or continue the same, but no final order shall be made until the appeal has been finally disposed of or dismissed.

(5) When any such appeal has been determined by the Maori Appellate Court, no further appeal shall lie at the suit of any person from any final order made in those proceedings by the Maori Land Court, so far as the order conforms to the determination of the Maori Appellate Court.

(6) Where no leave to appeal is sought against any provisional or preliminary determination by the Maori Land Court in any proceedings, the Maori Appellate Court may decline to hear any appeal against the final order of the Maori Land Court made in those proceedings if it is satisfied that the appellant had a reasonable opportunity to appeal against the provisional or preliminary determination and that the point that would be in issue on the appeal is substantially the same as that to which the provisional or preliminary determination related.

(1) The Maori Land Court may, in any proceedings before it, state a case for the opinion of the Maori Appellate Court on any point of law that arises in those proceedings.

(2) Any case stated under this section may be removed into the High Court under section 72.

(3) Subject to removal or appeal under section 72, the decision of the Maori Appellate Court on any case stated under this section shall be binding on the Maori Land Court.

(1) Where—

• (a) any question of fact relating to the interests or rights of Maori in any land or in any personal property arises in the High Court; or

• (b) any question of tikanga Maori arises in the High Court,—

that court may state a case and refer the same to the Maori Appellate Court.

(2) The Maori Appellate Court shall—

• (a) consider any case referred to it under subsection (1); and

• (b) transmit a certificate of its opinion on the matter to the High Court.

(3) The High Court may refer back any case to the Maori Appellate Court for further consideration.

(4) Subject to subsection (3), where the High Court has stated a case for the opinion of the Maori Appellate Court on any question of tikanga Maori, the opinion of the Maori Appellate Court on that question shall be binding on the High Court.

(1) Notwithstanding anything in any other provision of this Act, where any case is stated under section 61(1)(b), for the opinion of the Maori Appellate Court, the Chief Judge may, if any party to the proceeding so requests, direct that, for the purpose of the hearing of that case, the Maori Appellate Court shall consist of—

• (a) 3 Judges of the Maori Land Court; and

• (b) 1 or 2 other members (not being Judges of the Maori Land Court) to be appointed by the Chief Judge.

(2) Each person appointed under subsection (1)(b) shall possess knowledge and experience of tikanga Maori.

(3) The Chief Judge shall, before appointing any person under subsection (1)(b) for the purpose of any hearing, consult with the parties to the proceedings about the knowledge and experience of tikanga Maori that any such person should possess.

(4) Before entering upon the exercise of the duties of his or her office, any member of the Maori Appellate Court appointed under subsection (1)(b) shall take an oath before a Judge of the Maori Land Court that he or she will faithfully and impartially perform the duties of his or her office.

(5) There shall be paid to any member of the Maori Appellate Court appointed under subsection (1)(b), out of public money, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the Maori Appellate Court were a statutory board within the meaning of that Act.

(1) Where, in relation to any proceedings, the Maori Appellate Court is constituted under section 62, the presence of all 4 members or all 5 members, as the case may require, shall be necessary to constitute a sitting of the Maori Appellate Court for the purposes of those proceedings.

(2) The decision of a majority of the members shall be the decision of the Maori Appellate Court.

(3) The decision of the Maori Appellate Court in every case shall be signed by the presiding member, and may be issued by the presiding member or by any other member of the Maori Appellate Court or by the Registrar of the Maori Appellate Court.

(1) Every order made by the Maori Appellate Court shall, subject to the provisions of this section, take effect or be deemed to have taken effect on a date to be specified in the order.

(2) Different dates may be fixed by the Maori Appellate Court as the dates for the commencement of different provisions of any order.

(3) In so far as an order of the Maori Appellate Court varies an order of the Maori Land Court, the order of the Maori Appellate Court may be made to take effect on a date not earlier than the date on which the order so varied would have taken effect if there had been no appeal.

(4) Any order made by the Maori Land Court by direction of the Maori Appellate Court pursuant to section 56(1)(d) shall, in accordance with the terms of the order of the Maori Appellate Court, take effect on the date fixed by section 42 for the taking effect of the order appealed from, or from the date fixed by that section for the taking effect of orders of the court, or from a date to be specified by the Maori Appellate Court.

(5) If in any case the Maori Appellate Court fails to specify the date on which the order of the court shall take effect, it shall take effect on the commencement of the day of the date of the minute of the order entered in the records of the Maori Appellate Court.

The provisions of this Part apply in respect of the Maori Land Court and the Maori Appellate Court unless they are expressly excluded by another enactment.

(1) Any Judge conducting or presiding over any hearing may—

• (a) apply to the hearing such rules of marae kawa as the Judge considers appropriate:

• (b) make any ruling on the use of te reo Maori during the hearing, additional to the rights provided by section 68.

(2) Proceedings before the court shall be conducted in such a way as, in the opinion of the Judge conducting or presiding over the proceedings, will best avoid unnecessary formality.

(3) Nothing in subsection (1) or subsection (2) shall derogate from any of the powers a Judge has to ensure that the proceedings of the court are conducted in a proper manner.

(4) No appeal shall lie against any decision of a Judge made for the purposes of this section.

(1) For the purpose of ensuring that any application or intended application may be determined in a convenient and expeditious manner, and that all matters in dispute may be effectively and completely determined, a Judge may at any time, either on the application of any party or intended party or without any such application, and on such terms as the Judge thinks fit, direct the holding of a conference of parties or intended parties or their counsel presided over by a Judge.

(2) At any such conference, the Judge presiding may do all or any of the following things:

• (a) with the consent of the applicant, amend the application to give better effect to the applicant’s intention:

• (b) settle the issues to be determined:

• (c) give directions as to service, and as to the public notification of the application and any hearing:

• (d) direct by whom and by what time any notice of intention to appear, or any statement in reply, shall be filed:

• (e) direct the filing of further particulars by any party:

• (f) direct further research by any party, or by the Registrar from the court records:

• (g) direct the filing by any party of any valuation, land use, or other report that may assist the court in determining any matter in issue:

• (h) fix a time by which affidavits or other documents shall be filed:

• (i) exercise any powers of direction or appointment vested in the court or a Judge by the rules of court in respect of applications of the class with which the Judge is dealing:

• (j) give such consequential directions as may be necessary:

• (k) fix a time and place for the hearing of the application.

(3) Notwithstanding any of the foregoing provisions of this section, a Judge may, at any time before the hearing of an application has been commenced, exercise any of the powers specified in subsection (2) without holding a conference under subsection (1).

Without limiting anything in the Maori Language Act 1987, any party or witness in any proceedings before the court may give evidence or address the court in Maori.

(1) The court may act on any testimony, sworn or unsworn, and may receive as evidence any statement, document, information, or matter that, in the opinion of the court, may assist it to deal effectively with the matters before it, whether the same would, apart from this section, be legally admissible in evidence or not.

(2) The court may itself cause such inquiries to be made, call such witnesses (including expert witnesses), and seek and receive such evidence, as it considers may assist it to deal effectively with the matters before it, but shall ensure that the parties are kept fully informed of all such matters and, where appropriate, given an opportunity to reply.

(3) Subject to the foregoing provisions of this section, the Evidence Act 2006 shall apply to the court, and to the Judges of the court, and to all proceedings in the court, in the same manner as if the court were a court within the meaning of that Act.

(1) Any party or other person entitled to appear in any proceedings in the court may appear—

• (a) personally; or

• (b) by a barrister or solicitor of the High Court; or

• (c) with the leave of the court, by any other agent or representative.

(2) Any leave under subsection (1)(c) may be given on such terms as the court thinks fit, and may at any time be withdrawn.

(3) In any proceedings under this Act, the court may appoint a barrister or solicitor—

• (a) to assist the court, where any application before the court is unopposed and the court considers that it should hear argument on any point; or

• (b) to represent any person or class of person, where the court considers that the interests of that person or class of person could be affected by any order that may be made in the proceedings.

(4) A barrister or solicitor appointed under subsection (3) may call any person as a witness in the proceedings, and may cross-examine witnesses called by any party to the proceedings or by the court.

(1) In the course of any proceedings, the court may, on the application of any party or of its own motion, amend any defects or errors in the proceedings.

(2) All such amendments may be made on such terms as the court thinks fit.

(1) The Maori Appellate Court or, with the leave of the Chief Judge, the Maori Land Court, may, in any proceedings before it, state a case for the opinion of the High Court on any point of law that arises in those proceedings.

(2) The Chief Judge may withdraw any such case at any time before it has been considered by the High Court.

(3) The decision of the High Court on any case stated under this section shall be subject to appeal to the Court of Appeal, and any case so stated for the opinion of the High Court may be removed into the Court of Appeal for hearing.

(4) [Repealed]

(1) Any order may be made subject to the performance of any condition within such period as may be specified in the order.

(2) Notwithstanding anything in section 42 or the rules of court, no such order shall be sealed while it remains subject to a condition that has not yet been fulfilled.

(3) Where an order has been made subject to the performance of any conditions, the court may, without further application but subject to the giving of such notices (if any) as the court may direct,—

• (a) amend or cancel the order on the failure to comply with the condition within the specified period; or

• (b) extend that period for such further time as the court thinks fit.

(1) No order made by the court shall be invalid merely because of any error, irregularity, or defect in its form, or in the practice or procedure of the court.

(2) No order shall be questioned or invalidated on the ground of any variance between the order as drawn up, sealed, and signed and the minute of the order; and, in the case of any such variance, the order shall prevail.

(1) No order shall be invalid merely because it is made in favour or otherwise in respect of any person who is deceased at the time of the making, sealing, or date of the order.

(2) In any such case, the order may, except as otherwise provided in this Act, at any time be amended by the court so as to conform to the facts of the case as existing at the date of the order, and any such amendment shall take effect from the date of the amended order.

Every order of the court affecting the title to Maori land or any interest in any such land shall bind all persons having any estate or interest in that land, whether or not they were parties to or had notice of the proceedings in which the order was made, and whether or not they are subject to any disability.

(1) No order made by the court with respect to Maori land shall, whether on the ground of want of jurisdiction or on any other ground whatever, be annulled or quashed, or declared or held to be invalid, by any court in any proceedings instituted more than 10 years after the date of the order.

(2) Where there is any repugnancy between 2 orders each of which would otherwise, by reason of the lapse of time, be within the protection of this section, then, to the extent of any such repugnancy, the order that bears the earlier date shall prevail, whether those orders were made by the same or different courts.

(3) Nothing in this section shall limit or affect the authority of the Chief Judge to cancel or amend any order under section 44.

(1) In any proceedings, the court may make such order as it thinks just as to the payment of the costs of those proceedings, or of any proceedings or matters incidental or preliminary to them, by or to any person who is or was a party to those proceedings or to whom leave has been granted by the court to be heard.

(2) The court may make an order under subsection (1) for the payment of costs by or to any person notwithstanding that that person is then deceased.

(3) Where the court is satisfied that any party to the proceedings has acted, not only on his or her own behalf, but on behalf of other persons having a similar interest in the proceedings, the court shall have the same power to make an order for the payment of the costs of those proceedings by those other persons as it has under subsection (1) in respect of that party.

(4) At any stage of any proceedings, the court may require any party to deposit any sum of money as security for costs, and, in default of that deposit being made, the court may stay or dismiss the proceedings either wholly or in respect of the party so in default.

(5) When any sum has been so deposited as security for costs, it shall be disposed of in such manner as the court directs.

(6) In any proceedings, the court may make an order charging the whole or any part of the costs of the proceedings, and of any charges, fees, or expenses that, in the opinion of the court, were reasonably and properly incurred by any party to the proceedings or by any other person for the purposes of or in relation to the proceedings, upon any land or interest in land or any revenues derived from any land or interest in land to which the proceedings relate, whether or not any other order is made in the proceedings in relation to the land.

(7) Any order made under this section for the payment of costs or imposing a charge for costs may, when made in open court, either specify the sum or sums so payable or charged, or leave the amount to be determined by taxation in accordance with the rules of court; but, in the latter case, the order as drawn up and sealed shall specify the sum or sums so determined by taxation.

(1) All costs, charges, or expenses charged or chargeable to any party in connection with or incidental to the prosecution of or opposition to any claim or application to the court shall be subject to taxation in accordance with this section.

(2) On application by or on behalf of the person chargeable, the court may either tax any such costs, charges, or expenses or refer the same to the Registrar or other officer of the court for taxation.

(3) The court may order a bill of items to be supplied for the purpose of any such taxation, or the taxing officer may require the production of such a bill.

(4) Any such costs, charges, or expenses shall be subject to taxation although the person chargeable may have entered into an agreement as to the amount to be paid, and, if the court or taxing officer thinks the agreement to be unfair or unreasonable, the court or taxing officer may reduce the amount payable under the agreement.

(5) The court or taxing officer shall certify in writing the amount that should, in fairness to the parties, be paid in respect of any such costs, charges, or expenses, and the amount so certified shall be deemed to be the amount properly payable by the person chargeable.

(6) This section shall not apply to any costs, charges, or expenses that are liable to taxation and review in accordance with the provisions of Part 8 of the Law Practitioners Act 1982.

(1) For the purpose of enforcing any order made by the court for the payment of money, a Judge may, on the application of any party or of the Judge’s own motion, transmit a copy of the order, under the Judge’s hand and the seal of the court by which the order was made, to a District Court, where it shall be filed as of record in that court.

(2) On the filing of a copy of any such order, the order shall, so long as it remains in force, be deemed to be a judgment of the District Court in an action for the recovery of a debt, and may be enforced accordingly as if the order had been made in a proceeding of the District Court.

(3) For the purposes of this section, a certificate under the hand of a Judge of the Maori Land Court, with reference to any proceedings of that court or of the Maori Appellate Court in the matter in which the order to be enforced was made, or setting forth any particulars relating to the performance or non-performance by any person of the requirements of that order, shall, unless the contrary is proved, be accepted by the District Court, and by all officers of that court, as sufficient evidence of the facts so certified.

(4) The filing in the District Court under this section of a copy of an order made by the Maori Land Court or the Maori Appellate Court shall not limit or affect any right or power of rehearing, appeal, amendment, or cancellation existing in respect of that order.

(1) Without limiting anything in section 81, for the purpose of enforcing any order made by the court for the payment of money, a Judge may, on the application of any party or of the Judge’s own motion, order that the money payable or to become payable under the order shall be a charge on—

• (a) any Maori land; or

• (b) any legal or equitable interest in any Maori land; or

• (c) any revenues derived from any Maori land; or

• (d) the proceeds of the alienation of any Maori land,—

to which the person liable to pay the money is entitled.

(2) Subject in the case of any interest in land to registration under subsection (6), the property shall become subject to a charge accordingly in favour of the person to whom for the time being and from time to time the money is or becomes payable.

(3) A charging order shall specify, in such manner as to identify it, the property on which the charge is imposed.

(4) A charging order may at any time be varied or discharged by the court.

(5) Nothing in section 123 of the Accident Compensation Act 2001 applies to any charge constituted under this section.

(6) Where a charging order is made in respect of a registered estate or interest in any land, a duplicate or copy of the order under the seal of the court may be delivered for registration to the appropriate District Land Registrar if the title to the land is under the Land Transfer Act 1952, or to the appropriate Registrar of Deeds if the title to the land is not under that Act, or, in the case of a mining privilege within the meaning of the Mining Act 1971, may be delivered for recording to the District Land Registrar in whose office the mining privilege is recorded.

(7) The Registrar to whom the duplicate or copy is delivered shall, without fee, record it in the register against the appropriate folium of the register book and against any relevant instrument of title, or record it and note its particulars on the filed copy of the mining privilege to which it relates, as the case may require.

(8) An order discharging or varying a charging order may be registered or recorded in the same manner as the charging order.

(1) When, by or pursuant to this Act or any other enactment, any charge has been imposed upon—

• (a) any Maori land; or

• (b) any legal or equitable interest in any Maori land; or

• (c) the revenue derived from any Maori land; or

• (d) the proceeds of the alienation of any Maori land,—

the court may at any time and from time to time, for the purpose of enforcing that charge, appoint the Māori Trustee or any other fit person to be a receiver in respect of the property so charged.

(2) The court shall not appoint the Māori Trustee as a receiver under subsection (1) unless it is satisfied that the Māori Trustee consents to the appointment.

(3) If, in any proceeding before the court, the title to any property that is the subject matter of that proceeding is in dispute, the court may, pending the determination by it of the dispute, appoint the Māori Trustee or any other fit person to be a receiver in respect of that property.

(4) Subject to subsection (5), a receiver appointed under this section shall have all such rights, powers, duties, and liabilities as may be expressly conferred or imposed on the receiver by the court, and such other incidental powers as may be reasonably necessary for the exercise of the powers so conferred.

(5) No receiver appointed under this section shall have power to sell any Maori land, or to lease any such land otherwise than as provided in subsection (6).

(6) Notwithstanding any of the provisions of this Act as to the alienation of Maori land, a receiver appointed under this section for the purpose of enforcing a charge may, in the receiver’s own name and with the leave of the court, grant leases of any land so charged, or licences to remove timber, flax, kauri gum, minerals, or other substances from the land, for any term not exceeding 21 years (including any term or terms of renewal), on such conditions and for such rent or other consideration as the receiver thinks fit.

(7) Any lease or licence so granted in respect of land subject to the Land Transfer Act 1952 may be registered under that Act, and the District Land Registrar may register the same accordingly without requiring the production of any certificate of title.

(8) Where a receiver has performed the functions for which he or she was appointed, or where the court is satisfied for any other reason that the receiver should be discharged, the court may make an order for the discharge of the receiver, and may, if necessary, appoint some other person to be a receiver in place of the receiver so discharged.

(9) Where the receiver applies for discharge, the receiver shall file final accounts with the application, and, except where the receiver is the Māori Trustee, shall pay into court any money held by the receiver in respect of the receivership.

If, in any case to which paragraph (a) or paragraph (b) of subsection (1) of section 83 applies, the Māori Trustee or any other person is holding or is entitled to receive, on trust for the owners or any of the owners of the land upon which the charge has been imposed, any money derived from the land, the court may, whether or not it appoints a receiver under that section, cause notice of the charge to be given to the Māori Trustee or that other person, and, by order, may require the Māori Trustee or that other person to apply that money, in accordance with the terms of the order, in or towards the repayment of the amount secured by the charge.

(1) For the purpose of enforcing any injunction issued by the court, the Chief Judge may, on the application of any party or of the Chief Judge’s own motion, transmit a copy of the injunction, under the hand of the Chief Judge and the seal of the court by which the injunction was issued, to any Registrar of the High Court, who shall file it as of record in that court.

(2) On the filing of a copy of any such injunction, the injunction shall be deemed to have been issued by the High Court, and may be enforced by writ of attachment or otherwise in accordance with the practice of that court.

(3) For the purposes of this section, a certificate under the hand of a Judge of the Maori Land Court, with reference to any proceedings of that court or of the Maori Appellate Court in the matter in which the injunction was issued, or setting forth any particulars relating to the performance or non-performance by any person of the requirements of that injunction, shall, unless the contrary is proved, be accepted by the High Court and by all officers of that court as sufficient evidence of the facts so certified.

(4) The filing in the High Court under this section of a copy of an injunction issued by the Maori Land Court or the Maori Appellate Court shall not limit or affect any right or power of rehearing, appeal, amendment, or cancellation existing in respect of that order.

(1) The court or any Judge of the court may at any time make or authorise to be made in any order, warrant, record, or other document made, issued, or kept by the court all such amendments as are considered necessary to give effect to the true intention of any decision or determination of the court, or to record the actual course and nature of any proceedings in the court.

(2) Every such amendment shall take effect as of the date of commencement of the order, warrant, record, or other document so amended.

(3) Without limiting the foregoing provisions of this section, the court may at any time during any proceedings direct the Registrar to make any amendment of any entry in the records of the court that the Registrar is authorised to make under section 87.

On the application of an owner of Maori freehold land, the Registrar may by order amend any entry in the records of the court, or in any certificate or other instrument of title relating to the interest of the applicant in the land, if the Registrar is satisfied that an amendment is necessary to show correctly the name or description of the applicant, or the name by which the applicant is or desires to be commonly known, including, where the applicant is a married woman, her married name, or to distinguish between 2 or more persons having the same or similar names.

(1) Where, whether pursuant to any provision of section 86 or section 87 or otherwise, any order, warrant, record, or other document is amended or cancelled, the amendment or cancellation shall not take away or affect any right or interest acquired in good faith and for value before the making of the amendment or cancellation.

(2) If any order or other document so amended or cancelled has previously been registered by a District Land Registrar, the order of amendment or cancellation shall be transmitted to that Registrar, who shall make all necessary consequential amendments in the registration of the title to any land affected by the amendment or cancellation.

(1) Every person commits an offence who, after being summoned to attend to give evidence before the court or to produce to the court any papers, documents, records, or things, without sufficient cause—

• (a) fails to attend in accordance with the summons; or

• (b) refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is lawfully required by the court to answer; or

• (c) fails to produce any such paper, document, record, or thing.

(2) Every person who commits an offence against this section is liable on summary conviction to a fine not exceeding $300.

(3) No person summoned to attend the court shall be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which that person was required to attend, there was made to that person a payment or tender of the amount fixed by the rules of court.

If any person—

• (a) wilfully insults the court or any member of it or any officer of the court, during a sitting of the court, or in going to or returning from any sitting; or

• (b) wilfully interrupts the proceedings of the court or otherwise misbehaves while the court is sitting; or

• (c) wilfully and without lawful excuse disobeys any order or direction of the Judge in the course of any proceedings before the court,—

any officer of the court, with or without the assistance of any constable or other person, may, by order of the Judge, take the offender into custody and detain the offender until the rising of the court.

Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $1,000 who wilfully obstructs or interferes with any Judge, Registrar, Receiver, or other officer of the court in the execution of his or her powers or duties.

(1) For the purposes of section 95, there shall be a Rules Committee, to consist of—

• (a) the Chief Judge:

• (b) 1 other Judge appointed by the Chief Judge:

• (c) a person nominated by the New Zealand Maori Council and appointed by the Chief Judge:

• (d) the chief executive of the Ministry of Justice or a person nominated by that chief executive:

• (e) the chief executive or a person nominated by the chief executive:

• (f) a person appointed by the Minister of Maori Affairs and the Minister of the Crown who is responsible for the Ministry of Justice:

• (g) a barrister or solicitor of the High Court nominated by the Council of the New Zealand Law Society and appointed by the Chief Judge:

• (h) not more than 2 other persons appointed by the Minister.

(2) Each appointed member shall hold office for such term, not exceeding 3 years, as may be specified in his or her instrument of appointment, but may from time to time be reappointed.

(3) Any appointed member may resign by notice in writing to the Chief Judge or the Minister, as the case may require.

(4) Without limiting section 8(4), whenever the Chief Judge is unable to attend any meeting of the Rules Committee or to perform any other function of a member of that Committee, the Deputy Chief Judge may attend that meeting or perform that function in place of the Chief Judge.

(1) The Rules Committee is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951.

(2) There shall be paid out of money appropriated by Parliament for the purpose to the members of the Rules Committee such fees, allowances, travelling allowances, and expenses as may be fixed in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

The principal function of the Rules Committee shall be to review and keep under review the rules of court, and from time to time to make such recommendations to the Minister as it thinks fit for the amendment or revocation of any rules or the making of any new rules, to ensure that the rules are such as to facilitate the prompt, inexpensive, and just dispatch of the business of the court and the administration of justice in the court.

(1) The Governor-General, with the concurrence of the Chief Judge and any 2 or more of the other members of the Rules Committee, may from time to time, by Order in Council, make rules of court for the purposes of facilitating the prompt, inexpensive, and just dispatch of the business of the court.

(2) The power of making rules under this section shall extend to all matters of practice or procedure and matters relating to or concerning the effect or operation in law of any practice or procedure in any case within the jurisdiction of the court; but shall not extend to the prescribing of fees.

(3) Without limiting the generality of the foregoing provisions of this section, rules of court may be made in respect of all or any of the following matters:

• (a) prescribing forms to be used for the purposes of any proceedings before the court:

• (b) prescribing the district or office in which proceedings are to be commenced, and the procedure to be adopted where proceedings are commenced in one district or office but should, under this Act or any other enactment or the rules, have been commenced in another district or office:

• (c) prescribing the circumstances in which proceedings may be transferred from one district to another, and the procedure consequent on such transfer:

• (d) prescribing the form of the records of the court and providing for the custody of such records:

• (e) providing for the receipt of and accounts for all money paid into or out of court:

• (f) providing for the appointment and public notification of sitting days of the court, empowering any Judge to appoint special sittings of the court at such places and times as the Judge thinks fit, and authorising any Judge to hold a sitting of the court at any place where the court does not usually sit:

• (g) providing for the public notification of applications to the court, and prescribing the circumstances in which any application or class of applications may be disposed of without public notification and without a hearing:

• (h) prescribing the manner in which and the procedure by which witnesses are to be summoned to appear before the court:

• (i) prescribing the circumstances and manner in which and the procedure by which any Registrar may take evidence for use in any proceedings before the court:

• (j) authorising a Registrar to hear and determine any uncontested proceedings, or to conduct and report upon any inquiry:

• (k) prescribing the class or classes of proceedings in which the jurisdiction and powers of the court may be exercised by a Registrar in accordance with section 39:

• (l) prescribing, according to the nature of the proceedings and the amount involved, the costs and charges to be paid by any party in any proceedings before the court to any other party, in addition to the money paid out of pocket:

• (m) providing for the drawing up in writing, sealing, and signing of orders of the court, or the minuting and other evidencing of any such orders or class of order, and the issuing of duplicate orders for evidentiary and registration purposes; and prohibiting the formal issuing of any order until the time for appeal has expired and any conditions attached to the order have been fulfilled or security for the performance of any such conditions has been given to the satisfaction of the court, or until any necessary plan sufficient for the purposes of registration under the Land Transfer Act 1952 has been prepared:

• (n) prescribing the terms and conditions on which appeals to the Maori Appellate Court may be brought, prosecuted, or withdrawn:

• (o) requiring any appellant to give security for the costs of the appeal, and providing for the dismissal of an appeal by the Maori Land Court or by a Judge of that court on the ground of the failure of the appellant to conform to any such requirement, or to prosecute the appeal in accordance with the rules:

• (p) prescribing the classes of person before whom affidavits, declarations, or affirmations to be used in any proceedings before the court may be sworn or made within or outside New Zealand.

(4) Rules of court made under this section shall take effect from the date specified in that behalf by the Order in Council by which the rules are made.

Notwithstanding anything in section 95, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) prescribing the matters in respect of which fees are payable under this Act:

• (b) prescribing scales of fees for the purposes of this Act and for the purposes of any proceedings before the Maori Land Court or the Maori Appellate Court, whether under this Act or any other enactment:

• (c) prescribing the fees, travelling allowances, and expenses payable to interpreters and to persons giving evidence in proceedings to which this Act applies:

• (d) conferring on a Judge, a Registrar, a Deputy Registrar, or any other person the power to determine the amount of the fee payable in a particular case and whether any fees should be refunded, remitted, or reduced.

The Chief Judge, with the concurrence of at least 2 other Judges, may from time to time, for the guidance of parties to any class or classes of proceedings and their advisers, issue such instructions or suggestions (not being inconsistent with this Act or the rules of court) by way of practice notes as may be necessary or desirable for the proper conduct of such proceedings.

(1) There shall be paid out of public money into a fund to be known as the Maori Land Court Special Aid Fund (in this section referred to as the Fund) such amounts as are from time to time appropriated by Parliament for the purpose.

(2) The Fund shall be held by the Chief Registrar of the Maori Land Court.

(3) The court may from time to time make orders for the payment from the Fund of the reasonable legal costs or the reasonable out-of-pocket expenses or both of—

• (a) any person or class of person heard or represented in any proceedings before the court:

• (b) any barrister or solicitor appointed to assist the court under section 70(3)(a).

• (c) [Repealed]

(3A) [Repealed]

(4) A duplicate of any order made by the court under subsection (3) shall be forwarded by post to the Legal Services Commissioner as soon as practicable after the making of the order.

(5) No person in whose favour an order has been made under subsection (3) may apply for or be granted assistance under the Legal Services Act 2000 in respect of the same matter.

(6) Where an order is made under subsection (3), the court may also make an order charging any real or personal property of the person or class of person in whose favour the first order is made, or of any other owners whose interests are or could have been affected by any order made in the proceedings to which the grant of aid relates, with the whole or any part of the amount so ordered to be paid out of the Fund, and fixing the terms and conditions on which the amount charged is to be repaid.

(7) Every charge created by an order of the court under subsection (6) shall be in favour of the Māori Trustee on behalf of the Crown.

(8) Any such charge may be registered against any interest in land to which it relates in accordance with Part 5.

(9) Except as the court may otherwise order, there shall also be paid out of the Fund—

• (a) the reasonable fees and reasonable expenses of any accountant to whom a Judge refers a matter under section 40(3); and

• (aa) the reasonable fees and reasonable expenses of any person the Registrar is directed, by the Judge, to engage to assist with an inquiry and report under section 40; and

• (ab) the reasonable fees and reasonable expenses of a mediator to whom a Judge refers matters under section 30B(3)(c), section 30C(3)(d), section 30G(3)(a), or section 30I(2); and

• (b) all reasonable costs and reasonable out-of-pocket expenses of any person called by the court as a witness under section 69(2); and

• (c) the reasonable fees and reasonable expenses of any barrister or solicitor appointed under section 70(3); and

• (d) the reasonable fees and reasonable expenses of any person appointed as a receiver under section 83; and

• (e) the reasonable fees and reasonable expenses of any person appointed as an examining officer under section 280 to investigate the affairs of a Maori incorporation.

(1) In this Part, unless the context otherwise requires,—

(2) For the purposes of this Part, a beneficial interest in Maori freehold land shall be deemed to include the interest of the freehold owner in all buildings and other fixtures attached to the land, and all things growing on the land.

(3) For the purposes of this Part, a beneficial interest in Maori freehold land shall be deemed to include a leasehold interest in Maori freehold land arising from the registration of a cross lease as defined in section 2 of the Resource Management Act 1991.

(1) Subject to subsection (2), this Part applies to all estates of deceased persons (whether or not Maori) comprising in whole or in part any beneficial interest in Maori freehold land.

(2) This Part does not apply—

• (a) where administration of the estate of the deceased owner has been granted before the commencement of this Act; or

• (b) in respect of any beneficial interest in Maori freehold land, owned by the deceased person at his or her death, that has been vested in the person or persons entitled to the interest before the commencement of this Act; or

• (c) to the estate of a person who dies before 1 July 1994 leaving a will executed before the commencement of this Act;—

and in any such case the law applying immediately before the commencement of this Act shall continue to apply as if—

• (d) this Act had not been passed; and

• (e) the Maori Land Court may make an order vesting in the persons entitled thereto the undivided beneficial freehold interests in common in Maori freehold land regardless of the value of the interests in land affected by the application.

All other enactments and rules of law relating to—

• (a) applications for and grant of administration of estates of deceased persons; and

• (b) the administration of such estates; and

• (c) the bringing and settling of claims against such estates; and

• (d) succession to property owned by deceased persons at their death,—

shall, in relation to estates to which this Part applies, be read subject to this Part.

The High Court shall continue to have jurisdiction and authority in relation to—

• (a) the granting of administration of estates to which this Part applies; and

• (b) the hearing and determining of proceedings in respect of testamentary and other matters relating to such estates.

The High Court may, in respect of any estate of which a grant of administration has previously been made by the Maori Land Court, exercise any jurisdiction that it could have exercised if the grant of administration had been made by the High Court.

(1) No Maori freehold land, and no beneficial interest in any Maori freehold land or in a Maori reserve or in any Maori customary land, owned by any person who died before 1 April 1968 shall be available for the payment of any of that person’s debts or liabilities.

(2) Except as provided in subsection (3), no Maori freehold land, and no beneficial interest in any Maori freehold land or in a Maori reserve or in any Maori customary land, owned by any person who has died or dies on or after 1 April 1968 shall be available for the payment of any of that person’s debts or liabilities.

(3) Where the owner of any Maori freehold land or any beneficial interest in Maori freehold land has died or dies on or after 1 April 1968, all revenue derived from that land or interest in land shall be available for the payment of that person’s debts and liabilities.

(4) Subject to subsection (5), nothing in subsection (3) shall prevent—

• (a) the vesting of any such interest in Maori freehold land in the persons beneficially entitled to the interest; or

• (b) the making of an assignment vesting in the administrator of the estate of the deceased owner the right to receive revenue from the deceased owner’s Maori freehold land or the deceased owner’s beneficial interest in Maori freehold land.

(5) Where any person is beneficially entitled to a deceased owner’s beneficial interest in Maori freehold land, the vesting of that beneficial interest in that person shall not entitle that person to receive, in priority to any creditor of the deceased person, revenue from that beneficial interest.

(6) When any person has died before 1 April 1968 possessed of a freehold interest in Maori land that is subject to a contract of sale or to any lease or other alienation, the freehold interest of the deceased shall, for the purposes of this section, be deemed to include the deceased’s interest in all purchase money, rent, and other money payable in respect of that alienation and not actually paid before the deceased’s death, whether such money became due and payable before or after that death.

(7) Nothing in subsection (1) or subsection (2) shall limit or affect—

• (a) any mortgage or charge to which any such land is subject at the death of the owner; or

• (b) any liability for the payment of rates or taxes; or

• (c) any provision in any will by which any Maori freehold land or any beneficial interest in it is expressly devised in trust for, or charged with, the payment of debts or liabilities, so long as that provision does not authorise or require the sale of that land or interest in land to meet payment of any debts or liabilities; or

• (d) any valid assignment or charge of any money arising out of the alienation of Maori freehold land or any beneficial interest in Maori freehold land, or the revenue derived from that money, made in favour of a State Loan Department or of the Crown.

(8) For the purposes of this section, an interest in Maori land shall be deemed to include an interest in personal property to which any person is entitled by virtue of an interest in any land that is subject to Part 2 of the Maori Affairs Restructuring Act 1989.

(1) Notwithstanding anything in the Law Reform (Testamentary Promises) Act 1949 but subject to subsection (3), no order may be made under that Act in respect of any estate to which this Part applies having the effect of alienating any beneficial interest in Maori freehold land belonging to the estate to any person to whom that interest could not have been left by the deceased owner by will.

(2) Notwithstanding anything in the Family Protection Act 1955 but subject to subsection (3), no order may be made under that Act in respect of any estate to which this Part applies having the effect of alienating any beneficial interest in Maori freehold land belonging to the estate to any person other than a child or grandchild of the deceased owner.

(3) Nothing in subsection (1) or subsection (2) shall limit the power of the High Court to make an order conferring the right to reside in any dwelling or affecting any income derived from any beneficial interest in Maori freehold land.

(4) For the purposes of the Family Protection Act 1955, a Maori who, before 1 April 1952, was married to another Maori in accordance with tikanga Maori, and whose marriage to the deceased was subsisting at the time of the death of the deceased, shall be deemed to have been the widower or widow of the deceased unless at the time of the death of the deceased either party was legally married to some other person.

(1) In any will of a Maori that was made before 1 January 1970 (being the date of the commencement of the Status of Children Act 1969),—

• (a) the term child, in relation to the person who made the will or any other person referred to in the will, or any term of the same meaning, shall, unless a contrary intention appears from the will, be construed as including any child of that person, whether legitimate or illegitimate, who is capable in accordance with tikanga Maori of taking Maori freehold land by way of intestate succession from that person:

• (b) the term heir, or next of kin, or any similar term used in relation to the person who made the will with reference to any specific property, shall, unless it is expressly stated to the contrary in the will, be construed as referring to the person or persons who, in accordance with the provisions of this Part, would be entitled to succeed to that property on the death of the person who made the will if that person had died intestate with respect to that property.

(2) Where any term referred to in paragraph (a) or paragraph (b) of subsection (1) appears in a will of a Maori who died on or after 1 April 1968 but before 24 October 1969 (being the date of the commencement of subsections (1) to (3) of section 4 of the Maori Purposes Act 1969), that term shall be construed in the same manner as it would have been had the person who made the will not been Maori.

(3) Section 65 of the Property Law Act 2007 shall be read subject to the provisions of this section.

(1) Except as provided by subsections (2) and (3), no owner of any beneficial interest in any Maori freehold land has the capacity to dispose of that interest by will.

(2) An owner of a beneficial interest in Maori freehold land may leave that interest by will to any person who belongs to any 1 or more of the following classes:

• (a) children and remoter issue of the testator:

• (b) any other persons who would be entitled under section 109(1) to succeed to the interest if the testator died intestate:

• (c) any other persons who are related by blood to the testator and are members of the hapu associated with the land:

• (d) other owners of the land who are members of the hapu associated with the land:

• (e) whangai of the testator:

• (f) trustees of persons referred to in any of paragraphs (a) to (e).

(2A) A person in whom an occupation order has been vested may leave the occupation order by will to any 1 or more persons who come within subsection (2).

(2B) A person is entitled to succeed to an occupation order by will—

• (a) if the person owns a beneficial interest in the land to which the occupation order applies; and

• (b) if the court is satisfied, in the circumstances, that the extent of the person’s beneficial interest in the land justifies that person succeeding to the occupation order.

(2C) An occupation order that passes by will is cancelled automatically on the date of expiry or termination of the occupation order.

(3) Subsection (2)(e) shall have effect notwithstanding anything in section 19 of the Adoption Act 1955.

(4) Any owner of a beneficial interest in Maori freehold land may by will leave that interest to the owner’s spouse, civil union partner, or de facto partner for life or for any shorter period.

(5) Any provision in a will purporting to leave a beneficial interest in Maori freehold land to any person otherwise than in accordance with subsection (2) or subsection (4) shall be void and of no effect; and that interest shall, unless disposed of in accordance with either of those subsections by some other provision of the will, pass to the persons entitled on intestacy.

(6) Where any beneficial interest in Maori freehold land is left by will to any trustee, the trustee shall not have power under the will or under any Act to sell the interest; and any provision in the will purporting to confer such power shall be void and of no effect.

(1) Subject to subsection (2), on the death intestate of the owner of any beneficial interest in Maori freehold land, the persons primarily entitled to succeed to that interest, and the proportions in which they are so entitled, shall be determined in accordance with the following provisions:

• (a) where the deceased leaves issue, the persons entitled shall be the child or children of the deceased living at his or her death, in equal portions if more than 1, together with the issue living at the death of the deceased of any child of the deceased who died before the deceased, that issue to take through all degrees, according to their stocks, in equal portions if more than 1, the portion to which their parent would have been entitled if living at the death of the deceased:

• (b) where the deceased leaves no issue, but leaves brothers and sisters, the persons entitled shall be the deceased’s brothers and sisters living at the death of the deceased (including brothers and sisters of the half blood descended from the parent or other ascendant through whom the deceased received his or her entitlement to that interest), in equal portions if more than 1, together with the issue living at the death of the deceased of any such brother or sister of the deceased who died before the deceased, that issue to take through all degrees, according to their stocks, in equal portions if more than 1, the portion to which their parent would have been entitled if living at the death of the deceased:

• (c) where the deceased leaves no issue and no brothers and sisters, the persons entitled to succeed shall be ascertained always by reference to the derivation of entitlement by the deceased and shall be the issue, living at the deceased’s death, of the person nearest in the chain of title to the deceased who has issue living at the deceased’s death, that issue to take through all degrees, according to their stocks, in equal shares if more than 1.

(2) Where the owner of a beneficial interest in any Maori freehold land dies intestate leaving a person who is the owner’s surviving spouse or civil union partner, that person is, subject to subsection (4), entitled as of right to an interest in that interest for life, or until he or she remarries or enters into a civil union or a de facto relationship.

(3) Such a surviving spouse or civil union partner may, on the death of the deceased or at any time thereafter, surrender in writing his or her entitlement under subsection (2), whereupon the court shall vest the interest absolutely in the persons entitled to succeed to the interest.

(4) A surviving spouse or civil union partner shall not be entitled under subsection (2) if, at the date of the death of the owner, a separation order, or a separation agreement made by deed or other writing, is in force in respect of the marriage or civil union between the surviving spouse or civil union partner and the owner.

(1) Subject to subsection (2), section 109 applies, with all necessary modifications, to an occupation order as if it were a beneficial interest in Maori freehold land.

(2) A person is entitled to succeed to an occupation order—

• (a) if the person owns a beneficial interest in the land to which the occupation order applies; and

• (b) if the court is satisfied, in the circumstances, that the extent of the person’s beneficial interest in the land justifies that person succeeding to the occupation order.

(3) An occupation order that passes by succession is cancelled automatically on the date of expiry or termination of the occupation order.

(1) Except as otherwise expressly provided in this Act, the persons entitled on the complete or partial intestacy of a Maori to succeed to that person’s estate, so far as it comprises property that is not a beneficial interest in Maori freehold land, shall be determined in accordance with the law governing succession to the estates of persons who are not Maori.

(2) The right of any person to succeed to any property in accordance with subsection (1) shall not be affected by the fact that the claimant or any person through whom his or her claim is derived is or was illegitimate.

(1) On application by the administrator of any Maori who has died possessed of any freehold interest in General land, the court may make an order vesting that interest in the administrator or in the person entitled to succeed to the interest under the will or on the intestacy of the deceased.

(2) For the purposes of an application under subsection (1), the court may, without further inquiry, accept the certificate of the applicant that the person named in the certificate is entitled to succeed to the interest.

(3) The making of a vesting order under this section shall not absolve the administrator from any liability incurred by the administrator in respect of his or her duties; and, for the purposes of determining any such liability, the making of the vesting order shall be regarded as if it had been a conveyance of the interest by the administrator to the person in whom the interest is vested by the court.

(1) On application by the administrator of any estate to which this Part applies, the Maori Land Court may make an order vesting any beneficial interest in Maori freehold land belonging to the estate in the administrator.

(2) An application under subsection (1) may be dealt with by the court on such conditions as to notice as the court thinks fit, and the court may dispense with the appearance of any party.

(3) An order made by the court under subsection (1) may be registered under the Land Transfer Act 1952.

(1) On an application by the administrator or by any person interested or by the Registrar, the court shall determine the persons (in this section referred to as the beneficiaries) who are legally entitled to succeed to any beneficial freehold interest in Maori freehold land belonging to any estate to which this Part applies, and shall define the proportions of the several beneficiaries.

(2) Every determination made for the purposes of this section shall be recorded in the minutes of the court, but it shall not be necessary for the court to draw up in writing any order with respect to its determination.

(3) Where any freehold interest in land has been devised by will to a trustee other than a bare trustee, the trustee shall be deemed for the purposes of this section to be the beneficiary.

(4) In considering any application under this section, the court may require such evidence as it thinks fit, but may, without further inquiry, accept the certificate of the administrator that the person named in the certificate is entitled to succeed to the interest to which the application relates.

(5) Until the court has made a determination under this section in respect of any beneficial freehold interest in Maori freehold land belonging to any estate, no vesting order may be made in respect of that interest under section 117 or section 118.

(6) The making of a determination under this section shall not absolve the executor or administrator from any liability incurred by the executor or administrator in respect of his or her duties.

(1) If, in respect of any estate to which this Part applies, the court is of the opinion that no person is primarily entitled to succeed to any beneficial freehold interest in Maori freehold land in accordance with section 109, it shall determine the persons entitled to succeed in accordance with tikanga Maori.

(2) In any case where customary links with the land have been severed or cannot for any reason be ascertained, the court may determine who is entitled to succeed by taking into account tikanga Maori applicable to the situation, and, in doing so, the court may consider—

• (a) the means by which the interest was acquired; and