Te Ture Whenua Maori Act 1993
Maori Land Act 1993

26L Unsuccessful mediation

(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.

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