Foreshore and Seabed Act 2004

  • repealed
  • Foreshore and Seabed Act 2004: repealed, on 1 April 2011, by section 5 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
37 Reference to Ministers under section 36(1)(a)
  • (1) If a finding is referred to the Attorney-General and Minister of Māori Affairs under section 36(1)(a), the Ministers must enter into discussions with the applicant group for the purpose of negotiating an agreement as to the nature and extent of the redress to be given by the Crown in recognition of the finding of the High Court under section 33.

    (2) An agreement entered into under subsection (1) is of no effect unless, on the joint application of the parties to that agreement the High Court confirms the agreement by order made with the consent of the parties.

    (3) The High Court must make an order of the kind described in subsection (2) on being satisfied that the agreement—

    • (a) accurately records the terms agreed between the parties; and

    • (b) if applicable, has been ratified in accordance with its terms.

    (4) If, after making an application under section 36(1)(a), an applicant group wishes, for any reason, to withdraw from discussions referred to in subsection (1), it may apply to the High Court for an order of the kind described in section 36(1)(b).

    (5) If an application is made to the High Court under subsection (4), and the High Court is satisfied that the applicant group has withdrawn from discussions, the High Court must make the order sought by the applicant group.

    (6) An order made by the High Court under this section must be sealed before it takes effect.