Te Ture Whenua Maori Act 1993
Maori Land Act 1993

26T Procedure of court in making determinations

(1)

The jurisdiction conferred by section 26Q is exercised on written application to the Chief Judge by a party seeking the determination.

(2)

Within 20 working days of receiving an application under section 26Q, the Chief Judge must allocate the application either to himself or herself or to another Judge to address.

(3)

The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following:

(a)

if subsection (5) applies, determine the issue without a full or any hearing and make an order accordingly:

(b)

refer the application to the court for hearing and determination:

(c)

exercise the powers in section 67 for the purpose stated there:

(d)

refer issues arising from the application to a mediator for mediation:

(e)

if subsection (6) applies, dismiss or defer consideration of the application.

(4)

The Chief Judge may appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise for the purpose of providing advice on the application.

(5)

The Judge may make a determination under subsection (3)(a) if the Judge is satisfied that—

(a)

the applicant has taken reasonable steps to notify affected parties of the application, and those parties do not oppose the application; or

(b)

the parties have taken reasonable steps to resolve their dispute, as provided for in section 54(3) of the Maori Commercial Aquaculture Claims Settlement Act 2004.

(6)

The Judge may dismiss or defer consideration of an application under subsection (3)(e) if—

(a)

it is vexatious, frivolous, or an abuse of the court, or fails to satisfy rules of court; or

(b)

it does not present serious issues for determination; or

(c)

the Judge considers it is appropriate to dismiss or defer consideration of the application for another reason.

(7)

The Judge may choose not to address an application if the Judge is satisfied that the issues presented by the application are governed by another enactment or are more appropriately addressed in another forum.

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

Section 26T(3)(a): amended, on 13 December 2006, by section 8 of Te Ture Whenua Maori Amendment Act 2006 (2006 No 76).