Te Ture Whenua Maori Act 1993
Maori Land Act 1993

95 Rules of court

(1)

The Governor-General, with the concurrence of the Chief Judge and any 2 or more of the other members of the Rules Committee, may from time to time, by Order in Council, make rules of court for the purposes of facilitating the prompt, inexpensive, and just dispatch of the business of the court.

(2)

The power of making rules under this section shall extend to all matters of practice or procedure and matters relating to or concerning the effect or operation in law of any practice or procedure in any case within the jurisdiction of the court; but shall not extend to the prescribing of fees.

(3)

Without limiting the generality of the foregoing provisions of this section, rules of court may be made in respect of all or any of the following matters:

(a)

prescribing forms to be used for the purposes of any proceedings before the court:

(b)

prescribing the district or office in which proceedings are to be commenced, and the procedure to be adopted where proceedings are commenced in one district or office but should, under this Act or any other enactment or the rules, have been commenced in another district or office:

(c)

prescribing the circumstances in which proceedings may be transferred from one district to another, and the procedure consequent on such transfer:

(d)

prescribing the form of the records of the court and providing for the custody of such records:

(e)

providing for the receipt of and accounts for all money paid into or out of court:

(f)

providing for the appointment and public notification of sitting days of the court, empowering any Judge to appoint special sittings of the court at such places and times as the Judge thinks fit, and authorising any Judge to hold a sitting of the court at any place where the court does not usually sit:

(g)

providing for the public notification of applications to the court, and prescribing the circumstances in which any application or class of applications may be disposed of without public notification and without a hearing:

(h)

prescribing the manner in which and the procedure by which witnesses are to be summoned to appear before the court:

(i)

prescribing the circumstances and manner in which and the procedure by which any Registrar may take evidence for use in any proceedings before the court:

(j)

authorising a Registrar to hear and determine any uncontested proceedings, or to conduct and report upon any inquiry:

(k)

prescribing the class or classes of proceedings in which the jurisdiction and powers of the court may be exercised by a Registrar in accordance with section 39:

(l)

prescribing, according to the nature of the proceedings and the amount involved, the costs and charges to be paid by any party in any proceedings before the court to any other party, in addition to the money paid out of pocket:

(m)

providing for the drawing up in writing, sealing, and signing of orders of the court, or the minuting and other evidencing of any such orders or class of order, and the issuing of duplicate orders for evidentiary and registration purposes; and prohibiting the formal issuing of any order until the time for appeal has expired and any conditions attached to the order have been fulfilled or security for the performance of any such conditions has been given to the satisfaction of the court, or until any necessary plan sufficient for the purposes of registration under the Land Transfer Act 1952 has been prepared:

(n)

prescribing the terms and conditions on which appeals to the Maori Appellate Court may be brought, prosecuted, or withdrawn:

(o)

requiring any appellant to give security for the costs of the appeal, and providing for the dismissal of an appeal by the Maori Land Court or by a Judge of that court on the ground of the failure of the appellant to conform to any such requirement, or to prosecute the appeal in accordance with the rules:

(p)

prescribing the classes of person before whom affidavits, declarations, or affirmations to be used in any proceedings before the court may be sworn or made within or outside New Zealand.

(4)

Rules of court made under this section shall take effect from the date specified in that behalf by the Order in Council by which the rules are made.

Compare: 1953 No 94 ss 25, 40; 1980 No 67 s 3(2), (3)

Section 95(3)(b): substituted, on 25 November 2004, by section 103(1) of the Foreshore and Seabed Act 2004 (2004 No 93).

Section 95(3)(b): amended, on 16 September 2011, by section 12 of Te Ture Whenua Maori Amendment Act 2011 (2011 No 76).

Section 95(3)(m): amended, on 20 May 1999, by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).