Te Ture Whenua Maori Act 1993
Maori Land Act 1993

  • This version includes corrections to section 68 under section 25(1)(j)(i) and (iv) of the Legislation Act 2012.
61 High Court may state case for Maori Appellate Court

(1)

Where—

(a)

any question of fact relating to the interests or rights of Maori in any land or in any personal property arises in the High Court; or

(b)

any question of tikanga Maori arises in the High Court,—

that court may state a case and refer the same to the Maori Appellate Court.

(2)

The Maori Appellate Court shall—

(a)

consider any case referred to it under subsection (1); and

(b)

transmit a certificate of its opinion on the matter to the High Court.

(3)

The High Court may refer back any case to the Maori Appellate Court for further consideration.

(4)

Subject to subsection (3), where the High Court has stated a case for the opinion of the Maori Appellate Court on any question of tikanga Maori, the opinion of the Maori Appellate Court on that question shall be binding on the High Court.