Te Ture Whenua Maori Act 1993
Maori Land Act 1993

26ZA Orders and interim orders

(1)

In making orders under sections 26P to 26Z, 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 an iwi aquaculture organisation,—

(i)

require new elections or the appointment of office holders in accordance with the constitutional documents of the iwi aquaculture organisation:

(ii)

require the trustee to suspend recognition of an iwi aquaculture 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 to allocate and transfer settlement assets under the Maori Commercial Aquaculture Claims Settlement 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 iwi aquaculture 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 Commercial Aquaculture Claims Settlement Act 2004, or as the Judge or court considers appropriate.

(2)

The Judge or the court, at the request of any party, may also order, as it considers 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 the trustee in accordance with section 118B.

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