Te Ture Whenua Maori Act 1993
Maori Land Act 1993

26U Powers of court if application referred under section 26T(3)(b)

(1)

If a matter is referred to the court for hearing and determination under section 26T(3)(b), the court must proceed to hear and determine the application.

(1A)

However, despite subsection (1), the court may (but is not obliged to) do 1 or more of the following:

(a)

if subsection (2) applies, determine the issue without a full or any hearing and make an order accordingly:

(b)

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

(c)

if subsection (3) applies, dismiss or defer consideration of the application:

(d)

request a report from Te Ohu Kai Moana Trustee Limited on any matter the court considers appropriate.

(2)

The court may make a determination under subsection (1A)(a) if it is satisfied that—

(a)

the applicant has taken reasonable steps to notify affected parties of the application; and

(b)

those parties do not oppose the application.

(3)

The court may dismiss or defer consideration of an application under subsection (1)(c) 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 court considers it is appropriate to dismiss or defer consideration of the application for another reason.

(4)

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

(5)

The court may, of its own motion or at the request of any party to the proceeding, appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise to assist the court.

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

Section 26U heading: substituted, on 13 December 2006, by section 9(1) of Te Ture Whenua Maori Amendment Act 2006 (2006 No 76).

Section 26U(1): substituted, on 13 December 2006, by section 9(2) of Te Ture Whenua Maori Amendment Act 2006 (2006 No 76).

Section 26U(1A): inserted, on 13 December 2006, by section 9(2) of Te Ture Whenua Maori Amendment Act 2006 (2006 No 76).