Te Ture Whenua Maori Act 1993
Maori Land Act 1993

123 Orders affecting title to Maori freehold land to be registered

(1)

Subject to subsection (7A), every order to which this Part applies shall, in accordance with the succeeding provisions of this Part, be registered against the title to that land under the Land Transfer Act 1952 or (as the case may require) the Deeds Registration Act 1908.

(2)

For the purposes of registration, the order shall be transmitted by the Registrar of the court to the District Land Registrar or (as the case may require) the Registrar of Deeds; and the District Land Registrar or the Registrar of Deeds shall, except as otherwise provided in this Act, register the same accordingly.

(3)

Notwithstanding anything in section 99 of the Land Transfer Act 1952, the production of the outstanding instrument of title shall not be necessary for the purposes of any such registration under that Act.

(4)

No fee shall be payable under this Act or the Land Transfer Act 1952 in respect of any order to which this Part applies.

(5)

Until registration has been effected, an order of the court in respect of land subject to the Land Transfer Act 1952 shall affect only the equitable title to the land.

(6)

Notwithstanding anything in this section or in the Land Transfer Act 1952, no separate certificate of title shall be issued under that Act in respect of any undivided interest in any Maori freehold land.

(6A)

Nothing in subsection (6) shall prevent the issue of a separate certificate of title in respect of any cross lease within the meaning of section 2 of the Resource Management Act 1991.

(7)

In the case of an aggregation order made under section 308, the District Land Registrar shall enter on each instrument of title affected by the order a memorial to the effect that alienation of the interests comprised in that instrument is restricted by section 148(4).

(7A)

Where an order to which this Part applies has not been registered in accordance with subsection (1), the registration of that order against the title to the land may, if its effect has been incorporated into a consolidated order, be effected by registering the consolidated order against the title to the land; and subsections (2) to (4) shall, with all necessary modifications, apply in relation to the registration of the consolidated order.

(8)

Nothing in this section shall limit or affect any special provisions made elsewhere in this Act or in any other Act for the registration of any such order.

Compare: 1953 No 94 s 36; 1983 No 146 s 3(1)

Section 123(1): amended, on 24 June 1996, by section 2(1) of Te Ture Whenua Maori Amendment Act 1996 (1996 No 35).

Section 123(6A): inserted, on 1 July 1994, by section 4 of Te Ture Whenua Maori Amendment Act 1994 (1994 No 69).

Section 123(7A): inserted, on 24 June 1996, by section 2(2) of Te Ture Whenua Maori Amendment Act 1996 (1996 No 35).

Section 123(7A): amended, on 2 September 1996, by section 2 of Te Ture Whenua Maori Amendment Act (No 2) 1996 (1996 No 153).