New Zealand Legislation: Acts

329 Matters to be considered

• (1) In deciding whether or not to exercise its jurisdiction to make any occupation order, the Maori Land Court shall have regard to—

  • (a) the opinions of the owners as a whole; and

  • (b) the effect of the proposal on the interests of the owners of the land; and

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

  (2) Notwithstanding subsection (1), the Maori Land Court shall not make any order, 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

  • (aa) that the owners of the land to which the application relates understand that an occupation order—

    • (i) may pass by succession; and

    • (ii) may be for a specified term or until the occurrence of a defined event:

  • (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:

  • (c) that, in the circumstances, the extent of the beneficial interest in the land held by the person in whose favour the occupation order is to be made, or to which that person is entitled to succeed, justifies the occupation order.

  Section 329(2)(aa): inserted, on 1 July 2002, by section 53(1) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).

  Section 329(2)(c): added, on 1 July 2002, by section 53(2) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).