Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020

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Coat of Arms of New Zealand

Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020

Public Act
 
2020 No 51
Date of assent
 
6 August 2020
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 4 amended (Interpretation)
5Section 16 amended (Seal of court)
6Section 18 amended (General jurisdiction of court)
7Section 19 amended (Jurisdiction in respect of injunctions)
8New section 20A inserted (Jurisdiction in relation to mortgages)
20AJurisdiction in relation to mortgages
9New section 22B inserted (Power of court in relation to easements and covenants over Maori freehold land)
22BPower of court in relation to easements and covenants over Maori freehold land
10New section 24C inserted (Equitable relief)
24CEquitable relief
11Section 32 amended (Additional members in relation to matter of tikanga Maori)
12New section 32A inserted (Additional members who know relevant tikanga Maori or whakapapa for proceedings about Maori land)
32AAdditional members who know relevant tikanga Maori or whakapapa for proceedings about Maori land
13Section 34 amended (Oath to be taken by additional member)
14Section 35 amended (Fees and allowances)
15Section 36 amended (Quorum and decisions)
16New section 40A inserted (Judge may convene judicial settlement conference)
40AJudge may convene judicial settlement conference
17Section 43 amended (Rehearings)
18Section 53 amended (Seal)
19New section 81A inserted (Enforcement of orders for recovery of land)
81AEnforcement of orders for recovery of land
20Section 95 amended (Rules of court)
21Section 98 amended (Maori Land Court Special Aid Fund)
22New Part 3A inserted
98HMatters to which this Part applies
98IPurpose of this Part
98JMediation is always voluntary
98KPowers of Judge or Registrar subject to rules of court
98LDispute may be referred to mediation
98MAppointment of mediator
98NJudge appointed as mediator
98OConduct of mediation
98PSuccessful mediation
98QUnsuccessful mediation of issues from court proceedings
98RUnsuccessful mediation of other issues
98SOrders
23New section 107A inserted (Succession when class of persons are beneficial owners or beneficiaries)
107ASuccession when class of persons are beneficial owners or beneficiaries
24Section 108 amended (Disposition by will)
25New section 108A inserted (Disposition by will of spouse’s or partner’s rights to occupy and receive income)
108ADisposition by will of spouse’s or partner’s rights to occupy and receive income
26Section 109 amended (Succession to Maori freehold land on intestacy)
27New section 109AA inserted (Succession on intestacy subject to spouse’s or partner’s rights to occupy and receive income)
109AASuccession on intestacy subject to spouse’s or partner’s rights to occupy and receive income
28Section 113 amended (Maori Land Court to determine beneficial entitlements to Maori land)
29New section 113A inserted (Registrar may determine succession to interests in Maori freehold land and make related orders)
113ARegistrar may determine succession to interests in Maori freehold land and make related orders
30New section 114A inserted (Descent relationships for whangai determined by tikanga Maori)
114ADescent relationships for whangai determined by tikanga Maori
31Sections 115 and 116 replaced
115Court may determine whangai and descent relationships of whangai
116Court may provide for person to have rights to occupy and receive income despite no descent relationship of whangai
32Section 125A amended (Alteration to land appellation)
33Section 127 amended (Registrar of court to record ownership)
34Section 128 amended (Court may issue declaratory consolidated order)
35New section 131A inserted (Change from Crown land to Maori customary land by order)
131AChange from Crown land to Maori customary land by order
36Section 132 amended (Change from Maori customary land to Maori freehold land by vesting order)
37Section 134 amended (Change to Maori freehold land by vesting order on change of ownership)
38Section 141 amended (Effect of vesting orders upon registration)
39Section 144 replaced (Maori customary land deemed Crown land for certain purposes)
144Recovery of, or trespass or injury to, Maori customary land
40Section 145 replaced (Maori customary land inalienable)
145Maori customary land cannot be alienated
41Section 147A amended (Right of first refusal for sale or gift)
42Section 150A amended (Alienation by trustees)
43New section 150E inserted (Exclusion of interests in Maori land founded on adverse possession)
150EExclusion of interests in Maori land founded on adverse possession
44Section 151 amended (Application for confirmation)
45Section 152 amended (Court to grant confirmation if satisfied of certain matters)
46Section 181 amended (Notice to owners of Maori land may be given to Registrar in certain cases)
47Section 201 amended (Valuations for revision of rent)
48Section 204 amended (Service of notices)
49Section 207 amended (Compensation to be ascertained by valuation)
50Section 215 amended (Ahu whenua trusts)
51New section 235A inserted (Registrar may determine simple and uncontested trust matters)
235ARegistrar may determine simple and uncontested trust matters
52Section 240 amended (Removal of trustee)
53Section 241 amended (Termination of trust)
54Section 246 amended (Interpretation)
55Section 247 amended (Owners may be incorporated)
56Section 259 amended (Application of revenues)
57Section 269 amended (Committee of management)
58Section 272 amended (Qualification, disqualification, and removal of members)
59Section 273 amended (Election of chairman of committee and appointment of secretary)
60New sections 274B and 274C inserted
274BMaori incorporation must maintain interests register
274CMembers must make annual declaration for purpose of interests register
61Section 276B amended (Financial statements must be filed)
62Section 279 amended (Register of Maori incorporations)
63Section 290 amended (Modes of partition)
64Section 297 amended (Partition orders may be made in respect of land held in trust)
65Section 301 amended (Compliance with provisions of Resource Management Act 1991 relating to subdivisions)
66Section 307 amended (Amalgamation orders)
67Section 308 amended (Aggregation orders)
68Section 322 amended (Court may cancel roadways)
69Section 326A amended (Meaning of certain terms)
70Section 326B amended (Reasonable access may be granted in cases of landlocked Maori land)
71Section 326D amended (Additional provisions relating to orders under sections 326B or 326C)
72Section 328 amended (Occupation orders)
73Section 332 replaced (Power to require surveys)
332Power to require surveys
74Section 333 repealed (Power of court to make charging orders on land in respect of costs of survey)
75Section 334 amended (Interest on survey charges)
76Section 335 amended (Power of Minister of Lands to remit survey charges)
77Section 336 repealed (Contribution from owners in respect of surveys)
78Section 338 amended (Maori reservations for communal purposes)
79Section 339 amended (Court may consider proposal for Maori reservation on application of Minister)
80Section 340 amended (Maori reservation may be held for common use and benefit of people of New Zealand)
81Section 341 amended (Further provisions relating to Maori reservation for marae or meeting place)
82New section 341A inserted (Orders about Maori reservations to be registered)
341AOrders about Maori reservations to be registered
83Section 342 amended (Protection of Maori land against execution for debt)
84Schedule 1AA amended
85Amendments to Family Protection Act 1955
86Section 3A amended (Courts to have concurrent jurisdiction)
87Amendments to Government Roading Powers Act 1989
88Section 48 amended (Powers of Minister over roads under Minister’s control)
89Section 50 amended (Owner or occupier of land not to cause damage to bridge by removal of stone, etc)
90Section 55 amended (Removal of trees, hedges, etc, that obscure visibility or interfere with public work)
91Section 61 amended (Powers and duties of Agency in relation to State highways)
92Section 74 amended (Land may be temporarily occupied)
93Section 76 amended (Access to land cut off from road or separated by motorway)
94Amendments to Law Reform (Testamentary Promises) Act 1949
95Section 5 amended (Courts to have concurrent jurisdiction)
96Amendments to Local Government Act 1974
97Section 446 amended (Council may cover in watercourse so as to make it a public drain)
98Amendments to Maori Assembled Owners Regulations 1995
99Regulation 2 amended (Interpretation)
100Regulation 32 amended (Quorum at meetings generally)
101Regulation 35 revoked (Quorum for resolution to incorporate)
102Amendment to Maori Incorporations Constitution Regulations 1994
103Schedule 1 amended
104Amendments to Māori Land Court Fees Regulations 2013
105Schedule amended
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: