Te Ture Whenua Maori Act 1993
Maori Land Act 1993

19 Jurisdiction in respect of injunctions

(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.

Compare: 1953 No 94 ss 30(1)(d), (f), 449, 452(14); 1961 No 129 s 10; 1974 No 73 s 62; 1982 No 124 s 6(3)

Section 19(1)(a): amended, on 1 July 2002, by section 7 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).

Section 19(2): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).