Te Ture Whenua Maori Act 1993
Maori Land Act 1993

30C Powers of Judge in addressing applications for determination

(1)

The jurisdiction in section 30(1)(b) is exercised on written application to the Chief Judge.

(2)

Within 20 working days of receiving an application under subsection (1), the Chief Judge must allocate the application either to him 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 things:

(a)

determine the most appropriate representatives of a class or group of Maori, and order accordingly, if subsection (5) applies:

(b)

refer the application to the Maori Land Court for hearing and determination:

(c)

exercise the powers in section 67 for the purpose expressed in that section:

(d)

refer some or all of the issues arising from the application to a mediator for mediation:

(e)

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

(4)

The Judge may choose not to address an application if the Judge is satisfied that the issues it presents are governed by another enactment, or another part of this Act, or are more appropriately addressed in another forum.

(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 those persons affected by the application of the application; and

(b)

those persons do not oppose the application.

(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 Maori Land Court, or fails to satisfy rules of court; or

(b)

it does not present serious issues for determination; or

(c)

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

Section 30C: inserted, on 1 July 2002, by section 11 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).

Section 30C(2): substituted, on 26 September 2004, by section 5(4) of Te Ture Whenua Maori Amendment Act (No 2) 2004 (2004 No 79).