Te Ture Whenua Maori Act 1993
Maori Land Act 1993

82 Charging orders

(1)

Without limiting anything in section 81, for the purpose of enforcing any order made by the court for the payment of money, a Judge may, on the application of any party or of the Judge’s own motion, order that the money payable or to become payable under the order shall be a charge on—

(a)

any Maori land; or

(b)

any legal or equitable interest in any Maori land; or

(c)

any revenues derived from any Maori land; or

(d)

the proceeds of the alienation of any Maori land,—

to which the person liable to pay the money is entitled.

(2)

Subject in the case of any interest in land to registration under subsection (6), the property shall become subject to a charge accordingly in favour of the person to whom for the time being and from time to time the money is or becomes payable.

(3)

A charging order shall specify, in such manner as to identify it, the property on which the charge is imposed.

(4)

A charging order may at any time be varied or discharged by the court.

(5)

Nothing in section 123 of the Accident Compensation Act 2001 applies to any charge constituted under this section.

(6)

Where a charging order is made in respect of a registered estate or interest in any land, a duplicate or copy of the order under the seal of the court may be delivered for registration to the appropriate District Land Registrar if the title to the land is under the Land Transfer Act 1952, or to the appropriate Registrar of Deeds if the title to the land is not under that Act, or, in the case of a mining privilege within the meaning of the Mining Act 1971, may be delivered for recording to the District Land Registrar in whose office the mining privilege is recorded.

(7)

The Registrar to whom the duplicate or copy is delivered shall, without fee, record it in the register against the appropriate folium of the register book and against any relevant instrument of title, or record it and note its particulars on the filed copy of the mining privilege to which it relates, as the case may require.

(8)

An order discharging or varying a charging order may be registered or recorded in the same manner as the charging order.

Section 82(5): substituted, on 1 April 2002, by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

Section 82(5): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).