Maori Land Court Rules 1994

  • not the latest version

Reprint as at 1 July 2009

Maori Land Court Rules 1994

(SR 1994/35)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 7th day of March 1994

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These rules are administered by Te Puni Kōkiri.

Pursuant to section 95 of Te Ture Whenua Maori Act 1993, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, and with the concurrence of the Chief Judge of the Maori Land Court and at least 2 of the other members of the Rules Committee, hereby makes the following rules.

Contents

Part 1
Preliminary provisions

1 Title and commencement

2 Application of rules

3 Interpretation

4 Construction

5 Forms

6 Directions in case of doubt

7 Court offices

8 Office hours and holidays

9 Sittings

10 Adjournments

11 Sittings without formal notice

Part 2
Commencement of proceedings

12 General form of application

13 Power of Registrar to refuse application

14 Applications claiming payment of money

15 Application in the Maori language

16 Place where application to be made

17 Register of applications

18 Application by minor

19 Guardian ad litem and kai tiaki trust

Part 3
Notification of applications

20 Notices

21 Panui

22 Contents of Panui

23 Applications for which no fixture has been made

24 Listing of applications set down for hearing

25 Duty of Registrar to set applications down for hearing

26 Notice of fixture

27 Notice to other persons

28 Notice of further particulars

29 Time and place of sittings

30 Closing date of Panui

31 Issue of Panui

32 Commencement of sitting notified in the Gazette

33 Panui for special sittings

34 Further advertising of application

35 Distribution of Panui

36 Notice of intention to appear

37 Ex parte applications

38 Disposal of outstanding applications

Part 4
Procedure at hearing

39 Preliminary procedure

40 Attendance of clerk of court and interpreter

41 Presiding Judge

42 Conduct of hearing

43 Evidence to be on oath or affirmation

44 Evidence by affidavit or declaration or other form

45 Further evidence

46 Powers of designated Registrars to exercise in specified cases jurisdiction and powers of court

47 Reference of matter to Registrar for inquiry and report

48 Conduct of reference for inquiry and report

49 Verifying accounts

50 Report by Registrar

51 Power of Registrar to take evidence

52 Minute to be placed on documents produced

53 Summons to witness

54 Discovery of documents

55 Privilege

56 Court may give directions

57 Enlargement or abridgment of time for service

58 Taking evidence in another district

Part 5
Disposal of proceedings

59 Form of order

60 Signing of orders

61 Effective date and validity of the order

62 Orders requiring plan

63 Survey plan to be approved by Judge

64 Amendment of order to comply with plan

65 Substitution of new plan

66 Issue of orders

67 Production of order

68 Amendment of orders

69 Order without appearance

70 Dismissal

71 Rehearing

Part 6
Costs and allowances

72 Security for costs

73 Taxation of costs

Part 7
Jurisdiction in particular cases

74 Claim to ownership or possession of Maori freehold land or proceeds

75 Relative interests

76 Claim to recover damages for trespass or other injury

77 Claim founded on tort or contract

78 Application to determine membership of preferred classes of alienees

79 Determination of status of land

80 Determination as to whether land held in fiduciary capacity

81 Injunctions

82 Enforcement of order by way of injunction

83 Cancellation of injunction

84 Restoring effect of lost instrument of alienation

85 Power of Chief Judge to correct mistake or omission

86 Notification of applications

87 Registrar's report

88 Directions as to notice to be given

89 Registrar to give notice of decision to persons affected

90 Procedure where order or certificate of confirmation cancelled

91 Procedure where order or certificate of confirmation amended

92 Case stated for Maori Appellate Court

93 Case stated for High Court by Maori Appellate Court

94 Case stated for High Court by Maori Land Court

95 Enforcement of orders for payment of money

96 Charging order to enforce payment

97 Appointment of receiver to enforce charges, etc.

98 Obligation of receiver to keep accounts

99 Amendment of names of land owners in court records and titles

Part 8
Administration of estates

100 Search for beneficial interests in Maori freehold land

101 Transmission of Maori land to administrator

102 Application to determine beneficial entitlement

103 Registration of succession orders

104 Interests in General land of deceased Maori

105 Power of court to make special provision relating to income

106 Special provisions relating to succession to shares in Maori incorporations

107 Procedure in respect of cases excluded from Part 4 of Act

Part 9
Status of land

108 Customary land

109 Change from General land to Maori freehold land by status order

Part 10
Alienation of Maori land

110 Applications for confirmation of instruments of alienation

111 Requirement for special valuation

112 Provision for preferred classes of alienee

113 Execution and attestation of instruments

114 Instruments to be produced to Registrar

115 Transfer by vesting order

Part 11
Assembled owners

116 Application to call meeting of assembled owners

117 Direction to summon meeting and notice to preferred classes of alienee

118 Notice of and procedure at meeting of assembled owners

119 Application for confirmation of resolution passed by assembled owners

120 Application for confirmation of resolution passed at informal family gathering

121 Contents of minutes of informal family gathering or statement of pertinent issues

Part 12
Representation of owners of Maori land

122 Contents and service of notice

123 Notice in respect of Maori land beneficially owned by not more than 10 persons

124 Notice to be dealt with as application to the court

125 Consent of agent required

Part 13
Trusts

126 Application to constitute putea trust

127 Application to constitute whanau trust

128 Application to constitute ahu whenua trust

129 Application to constitute whenua topu trust

130 Application to constitute kai tiaki trust

131 Remuneration of advisory trustees

132 Payment of money held in trust

133 Declaration of charitable trust

Part 14
Maori incorporations

134 Application for order of incorporation

135 Inclusion in incorporation of owners of additional Maori land

136 Amalgamation of incorporations

137 Removal from office of member of committee of management

138 Power of court to require officers to attend to explain non-compliance with statutory requirements

139 Winding up of incorporation

Part 15
Title reconstruction and improvement

Partition

140 Application for partition order

141 Directions

142 Power of court to require meeting of owners

143 Preliminary hearing

144 Direction that plan be submitted to territorial authority

145 Partition order

146 Vesting of dwelling site

Amalgamation and aggregation

147 Amalgamation orders

148 Aggregation orders

Exchange orders

149 Exchange orders

Easements and roadways

150 Easements

151 Application for order to lay out roadway

152 Power of court to require meeting of owners to be called or notice of hearing to be given

153 Hearing

154 Order to lay out roadway

155 Application for order vesting closed road in adjoining owners

Part 16
Occupation orders

156 Application for occupation order

Part 17
Surveys of Maori land

157 Surveys

Part 18
Jurisdiction under miscellaneous Acts

158 Charging order for rates

159 Power of court to require meeting of owners to be called or notice of hearing to be given

160 Hearing

161 Memorial of assignment by way of security over vested land or reserved land

162 Claims under Fencing Act 1978

163 Proceedings under Protected Objects Act 1975

Part 19
Records of court

164 Record of proceedings of court

165 Permanent record of the court

166 Custody of permanent record of the court

167 Availability of permanent record of the court

167A Plan of subdivision of Maori freehold land to be forwarded to Registrar

Part 20
Miscellaneous provision

168 Application to define relative interests

Part 21
Maori Appellate Court

169 Leave to appeal from provisional or preliminary determination

170 Notice of appeal

171 Notification to be given by Registrar

172 Preliminary matters

173 Hearing

174 Dismissal of appeal

175 Withdrawal of appeal

Part 22
Revocations and transitional provision

176 Revocations

177 Transitional provision

Schedule 1
Maori Land Court and Maori Appellate Court forms

Schedule 2
Rules revoked

Gazette information

Local Government (Rating) Act 2002

Reprint notes

Rules