Te Ture Whenua Maori Act 1993
Maori Land Act 1993

116 Court may make special provision relating to income


Subject to subsection (2), in the exercise of its powers under this Part in respect of any estate, the court may make an order conferring on any person the right to the whole or any part of the income derived from any beneficial interest in Maori freehold land, or to the whole or any part of the proceeds of sale of any such interest, belonging to the estate, for life or for any shorter period.


The court shall not make an order under this section in favour of any person whose claim, in the opinion of the court, fell or falls within the jurisdiction of the High Court under the Law Reform (Testamentary Promises) Act 1949 or the Family Protection Act 1955.


In enacting this provision, Parliament has in mind particularly the possibility of injustice arising in individual cases from the prohibitions enacted by this Act against the alienation of beneficial interests in Maori freehold land to persons outside defined classes, and is therefore desirous of conferring on the court some flexible, if limited, powers to ameliorate any such injustice.