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

Hon Nanaia Mahuta

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

Government Bill

179—1

Contents

Explanatory note
1Title
2Commencement
3Principal Act
4Section 4 amended (Interpretation)
5Section 18 amended (General jurisdiction of court)
6Section 19 amended (Jurisdiction in respect of injunctions)
7New section 20A inserted (Jurisdiction in relation to mortgages)
20AJurisdiction in relation to mortgages
8New 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
9New section 24C inserted (Equitable relief)
24CEquitable relief
10Section 32 amended (Additional members in relation to matter of tikanga Maori)
11New section 32A inserted (Additional members who know tikanga Maori or whakapapa for proceedings about Maori land)
32AAdditional members who know tikanga Maori or whakapapa for proceedings about Maori land
12Section 34 amended (Oath to be taken by additional member)
13Section 35 amended (Fees and allowances)
14Section 36 amended (Quorum and decisions)
15New section 40A inserted (Judge may convene judicial settlement conference)
40AJudge may convene judicial settlement conference
16New section 81A inserted (Enforcement of orders for recovery of land)
81AEnforcement of orders for recovery of land
17Section 95 amended (Rules of court)
18Section 98 amended (Maori Land Court Special Aid Fund)
19New 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
20New section 107A inserted
107ASuccession when class of persons are beneficial owners or beneficiaries
21Section 108 amended (Disposition by will)
22New 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
23Section 109 amended (Succession to Maori freehold land on intestacy)
24New 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
25Section 113 amended (Maori Land Court to determine beneficial entitlements to Maori land)
26New 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
27New section 114A inserted (Descent relationships for whangai determined by tikanga Maori)
114ADescent relationships for whangai determined by tikanga Maori
28Sections 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
29Section 127 amended (Registrar of court to record ownership)
30Section 128 amended (Court may issue declaratory consolidated order)
31New section 131A inserted (Change from Crown land to Maori customary land by order)
131AChange from Crown land to Maori customary land by order
32Section 132 amended (Change from Maori customary land to Maori freehold land by vesting order)
33Section 141 amended (Effect of vesting orders upon registration)
34Section 144 replaced (Maori customary land deemed Crown land for certain purposes)
144Recovery of, or trespass or injury to, Maori customary land
35Section 145 replaced (Maori customary land inalienable)
145Maori customary land cannot be alienated
36Section 147A amended (Right of first refusal for sale or gift)
37Section 150A amended (Alienation by trustees)
38New section 150E inserted (Exclusion of interests in Maori land founded on adverse possession)
150EExclusion of interests in Maori land founded on adverse possession
39Section 152 amended (Court to grant confirmation if satisfied of certain matters)
40Section 215 amended (Ahu whenua trusts)
41New section 235A inserted (Registrar may determine simple and uncontested trust matters)
235ARegistrar may determine simple and uncontested trust matters
42Section 240 amended (Removal of trustee)
43Section 241 amended (Termination of trust)
44Section 247 amended (Owners may be incorporated)
45Section 259 amended (Application of revenues)
46Section 269 amended (Committee of management)
47Section 272 amended (Qualification, disqualification, and removal of members)
48New sections 274B and 274C inserted
274BMaori incorporation must maintain interests register
274CMembers must make annual declaration for purpose of interests register
49Section 290 amended (Modes of partition)
50Section 297 amended (Partition orders may be made in respect of land held in trust)
51Section 301 amended (Compliance with provisions of Resource Management Act 1991 relating to subdivisions)
52Section 307 amended (Amalgamation orders)
53Section 308 amended (Aggregation orders)
54Section 326A amended (Meaning of certain terms)
55Section 326B amended (Reasonable access may be granted in cases of landlocked Maori land)
56Section 326D amended (Additional provisions relating to orders under sections 326B or 326C)
57Section 328 amended (Occupation orders)
58Sections 332, 333, and 336 repealed
59Section 334 amended (Interest on survey charges)
60Section 338 amended (Maori reservations for communal purposes)
61Section 339 amended (Court may consider proposal for Maori reservation on application of Minister)
62Section 340 amended (Maori reservation may be held for common use and benefit of people of New Zealand)
63Section 341 amended (Further provisions relating to Maori reservation for marae or meeting place)
64New section 341A inserted (Orders about Maori reservations to be registered)
341AOrders about Maori reservations to be registered
65Section 342 amended (Protection of Maori land against execution for debt)
66Schedule 1AA amended
67Amendments to Family Protection Act 1955
68Section 3A amended (Courts to have concurrent jurisdiction)
69Amendments to Government Roading Powers Act 1989
70Section 48 amended (Powers of Minister over roads under Minister’s control)
71Section 50 amended (Owner or occupier of land not to cause damage to bridge by removal of stone, etc)
72Section 55 amended (Removal of trees, hedges, etc, that obscure visibility or interfere with public work)
73Section 61 amended (Powers and duties of Agency in relation to State highways)
74Section 74 amended (Land may be temporarily occupied)
75Section 76 amended (Access to land cut off from road or separated by motorway)
76Amendments to Law Reform (Testamentary Promises) Act 1949
77Section 5 amended (Courts to have concurrent jurisdiction)
78Amendments to Local Government Act 1974
79Section 446 amended (Council may cover in watercourse so as to make it a public drain)

The Parliament of New Zealand enacts as follows: