New Zealand Legislation: Acts

328 Occupation orders

• (1) The Maori Land Court may, in its discretion, make, in relation to any Maori freehold land or any general land owned by Maori, an order vesting in—

  • (a) The owner of any beneficial interest in that land; or

  • (b) Any person who is entitled to succeed to the beneficial interests of any deceased person, in that land,—

  exclusive use and occupation of the whole or any part of that land as a site for a house (including a house that has already been built and is located on that land when the order is made).

  (2) Where the land that will be affected by the order is—

  • (a) Land in respect of which a trust is constituted under Part 12 of this Act; or

  • (b) Land vested in a Maori incorporation,—

  the Court shall not make the order without the consent of the trustees or of the management committee of the incorporation, as the case may require.

  (3) Notwithstanding any rule of law, an order under subsection (1) of this section shall not be deemed to be a partition, development, or subdivision of the land to which the order relates.

  (4) In making an order under subsection (1), the Maori Land Court may specify—

  • (a) that the occupation order is for a specified period; or

  • (b) that the occupation order ends on the occurrence of a defined event.

  Subsection (1) was amended, as from 1 July 2002, by section 52(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16) by inserting the words “(including a house that has already been built and is located on that land when the order is made)”.

  Subsection (4) was inserted, as from 1 July 2002, by section 52(2) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).