New Zealand Legislation: Acts

288 Matters to be considered

• (1) In addition to the requirements of subsections (2) to (4) of this section, in deciding whether or not to exercise its jurisdiction to make any partition order, amalgamation order, or aggregation order, the Court shall have regard to—

  • (a) The opinion of the owners or shareholders as a whole; and

  • (b) The effect of the proposal on the interests of the owners of the land or the shareholders of the incorporation, as the case may be; and

  • (c) The best overall use and development of the land.

  (2) The Court shall not make any partition order, amalgamation order, or aggregation order affecting any land, other than land vested in a Maori incorporation, unless it is satisfied—

  • (a) That the owners of the land to which the application relates 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, having regard to the nature and importance of the matter.

  (3) The Court shall not make any partition order, amalgamation order, or aggregation order affecting any land vested in a Maori incorporation unless it is satisfied—

  • (a) That the shareholders of the incorporation to which the application relates have been given express notice of the application; and

  • (b) That the shareholders have passed a special resolution supporting the application.

  (4) The Court must not make a partition order unless it is satisfied that the partition order—

  • (a) is necessary to facilitate the effective operation, development, and utilisation of the land; or

  • (b) effects an alienation of land, by gift, to a member of the donor's whanau, being a member who is within the preferred classes of alienees.

  Compare: 1953 No 94 ss 173(1), 174

  Subsection (1) was amended, as from 1 July 2002, by section 43(2) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16) by substituting the words “In addition to the requirements of” for the words “Subject to”.

  Subsection (4) was substituted, as from 1 July 2002, by section 43(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).