New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint as at 1 December 2011
(SR 1994/35)
Catherine A Tizard, Governor-General
At Wellington this 7th day of March 1994
Present:
Her Excellency the Governor-General in Council
Maori Land Court Rules 1994: revoked, on 1 December 2011, by rule 17.1 of the Māori Land Court Rules 2011 (SR 2011/374).
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.
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
19 Guardian ad litem and kai tiaki trust
Part 3
Notification of applications
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
28 Notice of further particulars
32 Commencement of sitting notified in the Gazette
34 Further advertising of application
36 Notice of intention to appear
38 Disposal of outstanding applications
40 Attendance of clerk of court and interpreter
43 Evidence to be on oath or affirmation
44 Evidence by affidavit or declaration or other form
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
51 Power of Registrar to take evidence
52 Minute to be placed on documents produced
57 Enlargement or abridgment of time for service
58 Taking evidence in another district
61 Effective date and validity of the order
63 Survey plan to be approved by Judge
64 Amendment of order to comply with plan
Part 7
Jurisdiction in particular cases
74 Claim to ownership or possession of Maori freehold land or proceeds
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
82 Enforcement of order by way of injunction
84 Restoring effect of lost instrument of alienation
85 Power of Chief Judge to correct mistake or omission
86 Notification of applications
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
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
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
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
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
140 Application for partition order
142 Power of court to require meeting of owners
144 Direction that plan be submitted to territorial authority
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
155 Application for order vesting closed road in adjoining owners
156 Application for occupation order
Part 18
Jurisdiction under miscellaneous Acts
159 Power of court to require meeting of owners to be called or notice of hearing to be given
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
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
169 Leave to appeal from provisional or preliminary determination
171 Notification to be given by Registrar
Part 22
Revocations and transitional provision
Schedule 1
Maori Land Court and Maori Appellate Court forms
