Te Ture Whenua Maori Act 1993
Maori Land Act 1993

144 Maori customary land deemed Crown land for certain purposes

(1)

Notwithstanding any of the foregoing provisions of this Part, but subject to subsection (4), Maori customary land shall be deemed to be Crown land within the meaning of the Land Act 1948 for the purposes of—

(a)

recovering possession of the land from any person in wrongful occupation of the land; or

(b)

preventing any trespass or other injury to the land or recovering damages for any such trespass or injury.

(2)

Subject to subsection (4), no proceedings, other than proceedings by or on behalf of the Crown, shall be brought in any court by any person for recovery of the possession of Maori customary land, or for damages or an injunction in respect of any trespass or injury to any such land.

(3)

Where proceedings are brought by or on behalf of the Crown pursuant to subsection (2), the Crown shall be deemed to be acting in the place of the beneficial owners of the Maori customary land to which the proceedings relate and for the benefit of those owners.

(4)

Notwithstanding any of the foregoing provisions of this Part, proceedings—

(a)

for the recovery from the Crown of the possession of Maori customary land; or

(b)

for damages from the Crown in respect of any trespass or injury to Maori customary land,—

may be brought in any court by the Māori Trustee on behalf of the beneficial owners of that land and, for the purposes of any such proceedings, the Māori Trustee shall be presumed, in the absence of evidence to the contrary, to be authorised to represent the beneficial owners of that land.

Compare: 1953 No 94 s 159

Section 144(4): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).