Te Ture Whenua Maori Act 1993
Maori Land Act 1993

98F Procedure and appeals relating to section 98C orders

(1)

A party to any proceeding may apply for a limited order or an extended order.

(2)

A Judge may make an order under section 98C (a section 98C order) either on an application under subsection (1) or on his or her own initiative.

(3)

An application for leave to continue or commence a civil proceeding by a party subject to a section 98C order may be made without notice, but the court may direct that the application for leave be served on any specified person.

(4)

An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.

(5)

A Judge’s determination of an application under subsection (3) for leave is final.

(6)

The party against whom a section 98C order is made may appeal against the order to the Maori Appellate Court.

(7)

The appellant in an appeal under subsection (6) or the applicant for the section 98C order concerned may, with the leave of the Maori Appellate Court, appeal against the determination of that appeal to the Court of Appeal.

(8)

A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be.

Section 98F: inserted, on 1 March 2017, by section 10 of the Te Ture Whenua Maori Amendment Act 2016 (2016 No 69).