Te Ture mō Te Reo Māori 2016
Māori Language Act 2016

  • This version was replaced on 30 March 2017 to make corrections to Te Āpitihanga 2 under section 25(1)(c) and (m) of the Legislation Act 2012.
7 Right to speak Māori in legal proceedings

(1)

In any legal proceedings, the following persons may speak Māori, whether or not they are able to understand or communicate in English or any other language:

(a)

any member of the court, tribunal, or other body before which the proceedings are being conducted:

(b)

any party or witness:

(c)

any counsel:

(d)

any other person with leave of the presiding officer.

(2)

The right conferred by subsection (1) to speak Māori does not—

(a)

entitle any person referred to in that subsection to insist on being addressed or answered in Māori; or

(b)

entitle any person referred to in that subsection, other than the presiding officer, to require the proceedings or any part of them to be recorded in Māori.

(3)

If a person intends to speak Māori in any legal proceedings, the presiding officer must ensure that a competent interpreter is available.

(4)

If, in any proceedings, any question arises as to the accuracy of any interpreting from Māori into English or from English into Māori, the question must be determined by the presiding officer in any manner that the presiding officer thinks fit.

(5)

Rules of court or other appropriate rules of procedure may be made requiring any person intending to speak Māori in legal proceedings to give reasonable notice of that intention, and generally regulating the procedure to be followed if Māori is, or is to be, spoken in those proceedings.

(6)

Rules of court or other appropriate rules of procedure may make failure to give the required notice a relevant consideration in relation to an award of costs, but no person may be denied the right to speak Māori in any legal proceedings because of that failure.

(7)

In this section and Schedule 6,—

interpreting (whakawhiti reo ā-waha), in relation to the Māori language, means—

(a)

giving oral expression in English of words spoken in Māori:

(b)

giving oral expression in Māori of words spoken in English

legal proceedings (whakahaerenga ā-ture) means—

(a)

proceedings before a court or tribunal named in Schedule 2:

(b)

proceedings before a coroner:

(c)

proceedings to inquire into and report on any matter of particular interest to iwi and Māori before—

(i)

an inquiry to which section 6 of the Inquiries Act 2013 applies:

(ii)

a tribunal or other body that has any of the powers of a commission of inquiry under any other enactment:

(iii)

a commission of inquiry under the Commissions of Inquiry Act 1908

translating (whakawhiti reo ā-tuhi), in relation to the Māori language, means—

(a)

giving written expression in English of words written in Māori; and

(b)

giving written expression in Māori of words written in English.