Te Ture Whenua Maori Act 1993
Maori Land Act 1993

125A Alteration to land appellation

(1)

The court may, on application under subsection (2), make an order amending the name given to the whole or part of a block of Maori freehold land in—

(a)

the title to that land; and

(b)

if necessary, the cadastral record map, produced under section 11(1)(c) of the Survey Act 1986, of the relevant land district.

(2)

A legal or beneficial owner of Maori freehold land may apply to the court for an order under subsection (1) for Maori freehold land in which the legal or beneficial owner has an interest and must pay, with the application, the amount necessary (if any) to enable the Registrar to make the payment (if any) required by subsection (7)(c).

(3)

On receiving an application under subsection (1), the Registrar must, as soon as practicable,—

(a)

notify every person with a beneficial interest in the Maori freehold land, whose identity and address is known to the court, of the application; and

(b)

notify the Registrar-General of Land and Chief Surveyor of the application; and

(c)

invite submissions on the application from the persons notified.

(4)

The Registrar must specify a date by which submissions on the application must be received.

(5)

The court must not make an order under this section affecting the whole or part of a block of Maori freehold land unless it is satisfied—

(a)

that the owners of the land have had sufficient notice of the application and sufficient opportunity to discuss and consider it; and

(b)

that there is a sufficient degree of support for the application among the owners; and

(c)

that the format of the appellation, as amended, conforms with the requirements specified by the Surveyor-General under section 11(1)(g) of the Survey Act 1986.

(6)

The court must not make an order under this section affecting the whole or part of a block of Maori freehold land vested in a Maori incorporation unless it is satisfied—

(a)

that the shareholders of the incorporation have been given sufficient notice of the application; and

(b)

that the shareholders have passed a special resolution supporting the application.

(7)

If the court makes an order under subsection (1), the Registrar must forward—

(a)

a copy of the order to the land registry office for the land registration district in which the land is situated, and the Registrar-General of Land must register the order; and

(b)

any documentation required by the Surveyor-General, to the Surveyor-General, for updating the cadastral record map of the relevant land district; and

(c)

payment of a fee (if any) prescribed, for registration or updating under paragraphs (a) and (b).

Section 125A: inserted, on 1 July 2002, by section 18 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).