Te Ture Whenua Maori Act 1993
Maori Land Act 1993

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

Section 26R: inserted, on 1 January 2005, by section 3 of Te Ture Whenua Maori Amendment Act (No 3) 2004 (2004 No 108).