New Zealand Legislation: Regulations
Regulations are laws made under Acts
(SR 1993/175)
These regulations are administered in the Department of Justice.
PURSUANT to section 96 of Te Ture Whenua Maori Act 1993, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
(1) These regulations may be cited as the Maori Land Court Fees Regulations 1993.
(2) These regulations shall come into force on the 1st day of July 1993.
In these regulations, unless the context otherwise requires,—
Applicant means the person by whom or on whose behalf a proceeding is brought
Court means, as the case may require, the Maori Land Court or the Maori Appellate Court or both
Proceeding means any proceeding in the Court; and includes—
(a) Any application made under Te Ture Whenua Maori Act 1993 to the Court or to the Registrar for any purpose; and
(b) Any action or matter referred to in any of Parts 1 to 4 of the Schedule to these regulations:
Registrar includes a Deputy Registrar.
These regulations apply to all proceedings.
(1) The fees specified in Parts I to III of the Schedule to these regulations are the fees to be paid in respect of the proceedings specified in those Parts of that Schedule.
(1) No fee is payable in respect of the inspection, by any member of the public, of any register kept by the Court in relation to a Maori incorporation or of any documents required to be filed with the Court by any Maori incorporation.
(2) No fee is payable in respect of the proceedings referred to in Part 4 of the Schedule to these regulations.
(1) A Judge or Registrar of the Court may, in respect of any proceeding,—
(a) Remit, refund, or reduce any fee payable under these regulations in respect of that proceeding; or
(b) Remit (in whole or in part) any outstanding fee incurred before the commencement of these regulations in respect of that proceeding,—
if the Judge or Registrar is satisfied that the applicant is unable to pay or ought not be called upon to pay, the fee or by reason of lapse of time or for any other reason the fee has become irrecoverable.
(2) Any exercise of the power given by subclause (1) of this regulation shall be noted in the minute book, or upon the application or other document affected.
(3) The Court or any Judge or Registrar may decline to hear or consider any proceeding in respect of which there are outstanding fees, whether such fees were incurred by the applicant or by any other person and whether such fees were incurred before the commencement of these regulations or not.
Every person attending the Court upon a witness summons and every other person attending the Court and giving evidence in any proceeding shall be entitled, as against the party summoning him or her or calling him or her as a witness, to payment of allowances and expenses in accordance with the Witnesses and Interpreters Fees Regulations 19741.
The fees fixed by these regulations are inclusive of any goods and services tax payable under the Goods and Services Tax Act 1985.
(1) Rules 132 and 133 of, and Schedule 2 to, the Maori Land Court Rules 19582 are hereby revoked.
(2) The Maori Land Court Rules 1958, Amendment No 5 and the Maori Land Court Rules 1958, Amendment No 7 are hereby consequentially revoked.
No further fee shall be payable under the Maori Land Court Rules 1958 in respect of any proceeding commenced before the 1st day of July 1993 and the appropriate fees, if any, specified in the Parts 1 to 3 of the Schedule to these regulations shall be payable in respect of any step in any such proceeding taken on or after that date.
Schedule |
A fee of $25 is payable in respect of each of the following proceedings:
| Nature of Proceeding | Section of Te Ture Whenua Maori Act 1993 |
|---|---|
| Determination of whether any person is a Maori or the descendant of a Maori | 18(1)(e) |
| Amendment of Court ownership records | 87 |
| Confirmation or noting by Registrar | 160, 161, 255 |
| Empowering whanau trustees to apply trust income for Maori community purposes | 214(4) |
| Empowering ahu whenua trustees to apply trust income for Maori community purposes | 215(6) |
| Empowering whenua topu trustees to hold land, money, and other assets for Maori community purposes specified by Court | 216(5) |
| Order deeming specified interests vested in whenua topu trustees to be held for the persons named in the order | 216(7) |
| Constitution of a kai tiaki trust | 217 |
| Approval for trustees to apply funds for specified purpose | 218(2)(d) |
| Order for payment of money held in trust | 242 |
| Vesting order to provide dwelling site — Registration of memorial of assignment under the Maori Vested Lands Administration Act 1954 or the Maori Reserved Land Act 1955 | 296 |
| Any certificate, other than a certificate of confirmation, given by a Judge or Registrar. | 105(5),181(2), 183(2) |
A fee of $122 is payable in respect of each of the following proceedings:
| Nature of Proceeding | Section of Te Ture Whenua Maori Act 1993 |
|---|---|
| Claim for damages for trespass or other injury to Maori freehold land | 18(1)(c) |
| Proceeding founded on contract or on tort where the debt, demand, or damage relates to Maori freehold land | 18(1)(d) |
| Application for issue of order by way of injunction | 19 |
| Proceeding for recovery of Maori freehold land | 20 |
| Relief against forfeiture | 21 |
| Relief against refusal to grant renewal | 22 |
| Authority to enter Maori freehold land to erect or repair buildings | 23 |
| Relief in cases of encroachment | 24 |
| Order to restore effect of lost instrument of alienation | 25 |
| Proceeding under the Fencing Act 1978 | 26 |
| Application for a rehearing | 43 |
| Application to Chief Judge to correct mistake or omission in Court Order | 44, 45 |
| Appeal from Maori Land Court to Maori Appellate Court | 58 |
| Appointment of a receiver | 83 |
| Investigation of title to Maori customary land. | 132 |
| Vesting order declaring that land shall become Maori freehold land | 134 |
| Application to Court for confirmation of alienation | 151 |
| Application to Court for calling of meeting of assembled owners | 173, 196(3) |
| Application to Court for confirmation of resolution of assembled owners | 175, 176 |
| Application to Registrar for certificate | 181(2) |
| Application to Court for appointment of an agent for owners | 183, 184, 185 |
| Establishment of a Maori incorporation | 247 |
| Inclusion in Maori incorporation of owners of additional land | 251 |
| Amalgamation of Maori incorporations | 252 |
| Removal from office of member of committee of management | 269(4) |
| Investigation of conduct of election of any member of committee of management | 269(6) |
| Order directing special general meeting of shareholders | 275(2) |
| Appointment of examining officer | 280 |
| Winding up of Maori incorporation | 282 |
| Application by liquidator to Court for directions | 282(6) |
| Partition order | 289 |
| Partition of combined areas | 298 |
| Cancellation of partition order | 306 |
| Amalgamation order | 307 |
| Aggregation order | 308 |
| Exchange order | 310 |
| Easement | 315 |
| Laying out of roadway | 316 |
| Variation or cancellation of a roadway order | 322 |
A fee of $61 is payable in respect of any proceeding not mentioned in Part 1 or Part 2 or Part 4 of this Schedule.
No fee is payable in respect of the following proceedings:
| Nature of Proceeding | Section of Te Ture Whenua Maori Act 1993 |
|---|---|
| Reference of matter to Court for inquiry and report | 29 |
| Request to Maori Land Court for advice or determination as to persons who are the most appropriate representatives of class or group of Maori | 30 |
| Status order | 133 |
| Discharge of agent | 191(1)(c) |
| Review of trust | 231 |
| Review of kai tiaki trust | 234 |
| Lease of land by liquidator | 283(2) |
| Cancellation of vesting order | 296(4) |
| Survey order | 332(1)(b) |
| Application for a Maori reservation | 339 |
| Review of section 438 trust | 351 |
BOB MACFARLANE,
Acting for Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 July 1993, prescribe a new scale of Court fees in respect of matters before the Maori Land Court or the Maori Appellate Court.
Date of notification in Gazette: 17 June 1993.
1 SR 1974/124
2 SR 1958/162