Maori Land Court Rules 1994

  • revoked
  • Maori Land Court Rules 1994: revoked, on 1 December 2011, by rule 17.1 of the Māori Land Court Rules 2011 (SR 2011/374).
93 Case stated for High Court by Maori Appellate Court
  • (1) Where, upon the application of one only of the parties, the Maori Appellate Court decides to state a case for the opinion of the High Court under section 72 of the Act, it shall be the duty of that party to prepare the case and to submit it to all other parties for approval before submitting it to the court for its approval.

    (2) Where the court decides to state a case for the opinion of the High Court upon its own motion or with the consent of the parties, it shall be the duty of the appellant to prepare the case and submit it to all other parties for approval before submitting it to the court for its approval.

    (3) Every such case shall be divided into paragraphs numbered consecutively and shall state concisely such facts and documents as may be necessary to decide the questions raised thereby and shall state the questions of law so raised.

    (4) In case of dispute between the parties as to the matters to be set out in the case or the questions of law to be determined, the dispute shall be settled by the presiding Judge, in chambers.

    (5) The case, when settled, shall be filed in the court in triplicate, and 1 copy thereof shall be transmitted by the Registrar to the Registrar of the High Court nearest to which the subject matter of the application is situated.

    (6) The fee, if any, payable to the High Court upon the filing of the case stated shall be payable by the party whose duty it is under this rule to prepare the case.

    (7) The case stated shall be in form 12.

    Compare: SR 1958/162 r 53