Te Ture Whenua Maori Act 1993
Maori Land Act 1993

26M Orders and interim orders

(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.

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