Te Ture Whenua Maori Act 1993
Maori Land Act 1993

26D Principles applying to exercise of jurisdiction in relation to 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.

Section 26D: inserted, on 26 September 2004, by section 3 of Te Ture Whenua Maori Amendment Act (No 2) 2004 (2004 No 79).