Te Ture Whenua Maori Act 1993
Maori Land Act 1993

98 Maori Land Court Special Aid Fund

(1)

There shall be paid out of public money into a fund to be known as the Maori Land Court Special Aid Fund (in this section referred to as the Fund) such amounts as are from time to time appropriated by Parliament for the purpose.

(2)

The Fund shall be held by the Chief Registrar of the Maori Land Court.

(3)

The court may from time to time make orders for the payment from the Fund of the reasonable legal costs or the reasonable out-of-pocket expenses or both of—

(a)

any person or class of person heard or represented in any proceedings before the court:

(b)

any barrister or solicitor appointed to assist the court under section 70(3)(a).

(c)
[Repealed]

(3A)

[Repealed]

(4)

A duplicate of any order made by the court under subsection (3) shall be forwarded by post to the Legal Services Commissioner as soon as practicable after the making of the order.

(5)

No person in whose favour an order has been made under subsection (3) may apply for or be granted assistance under the Legal Services Act 2000 in respect of the same matter.

(6)

Where an order is made under subsection (3), the court may also make an order charging any real or personal property of the person or class of person in whose favour the first order is made, or of any other owners whose interests are or could have been affected by any order made in the proceedings to which the grant of aid relates, with the whole or any part of the amount so ordered to be paid out of the Fund, and fixing the terms and conditions on which the amount charged is to be repaid.

(7)

Every charge created by an order of the court under subsection (6) shall be in favour of the Māori Trustee on behalf of the Crown.

(8)

Any such charge may be registered against any interest in land to which it relates in accordance with Part 5.

(9)

Except as the court may otherwise order, there shall also be paid out of the Fund—

(a)

the reasonable fees and reasonable expenses of any accountant to whom a Judge refers a matter under section 40(3); and

(aa)

the reasonable fees and reasonable expenses of any person the Registrar is directed, by the Judge, to engage to assist with an inquiry and report under section 40; and

(ab)

the reasonable fees and reasonable expenses of a mediator to whom a Judge refers matters under section 30B(3)(c), section 30C(3)(d), section 30G(3)(a), or section 30I(2); and

(b)

all reasonable costs and reasonable out-of-pocket expenses of any person called by the court as a witness under section 69(2); and

(c)

the reasonable fees and reasonable expenses of any barrister or solicitor appointed under section 70(3); and

(d)

the reasonable fees and reasonable expenses of any person appointed as a receiver under section 83; and

(e)

the reasonable fees and reasonable expenses of any person appointed as an examining officer under section 280 to investigate the affairs of a Maori incorporation.

Compare: 1953 No 94 s 57A; 1974 No 73 s 50

Section 98(3)(c): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 98(3A): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 98(4): amended, on 1 July 2011, by section 144 of the Legal Services Act 2011 (2011 No 4).

Section 98(5): amended, on 1 February 2001, by section 128 of the Legal Services Act 2000 (2000 No 42).

Section 98(7): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 98(9)(aa): inserted, on 1 July 2002, by section 13 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).

Section 98(9)(ab): inserted, on 1 July 2002, by section 13 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).