Te Ture Whenua Maori Act 1993
Maori Land Act 1993

Special powers of Chief Judge

44 Chief Judge may correct mistakes and omissions

(1)

On any application made under section 45, the Chief Judge may, if satisfied that an order made by the court or a Registrar (including an order made by a Registrar before the commencement of this Act), or a certificate of confirmation issued by a Registrar under section 160, was erroneous in fact or in law because of any mistake or omission on the part of the court or the Registrar or in the presentation of the facts of the case to the court or the Registrar, cancel or amend the order or certificate of confirmation or make such other order or issue such certificate of confirmation as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission.

(2)

Subject to section 48 but notwithstanding any other provision of this Act, any order under this section may be made to take effect retrospectively to such extent as the Chief Judge thinks necessary for the purpose of giving full effect to that order.

(3)

Notwithstanding anything to the contrary in this Act, the powers conferred on the Chief Judge by this section may be exercised in respect of orders to which the provisions of section 77 would otherwise be applicable.

(4)

The powers conferred on the Chief Judge by this section shall not apply with respect to any vesting order made under Part 6 in respect of Maori customary land.

(5)

The Chief Judge may decline to exercise jurisdiction under this section in respect of any application, and no appeal shall lie to the Maori Appellate Court from the dismissal by the Chief Judge of an application under this section.

Compare: 1953 No 94 s 452(1), (5), (11), (12); 1967 No 124 s 144(a); 1974 No 73 s 64(1); 1981 No 112 s 6(1)

Section 44(1): amended, on 11 April 2001, by section 7(1) of Te Ture Whenua Maori Amendment Act 2001 (2001 No 11).

Section 44(4): amended, on 11 April 2001, by section 7(2) of Te Ture Whenua Maori Amendment Act 2001 (2001 No 11).