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).
120 Application for confirmation of resolution passed at informal family gathering
  • (1) Any person who files an application under section 176 of the Act, shall file with that application the following documents:

    • (a) a true copy of the minutes of the family gathering or, if no minutes were kept, a statement of the pertinent issues discussed at the gathering; and

    • (b) a current search of the Maori Land Court title to the land, commencing with the order constituting title, and listing all particulars contained in the schedule of title information of the Maori Land Court record:

    • (c) a current copy of the schedule of ownership information from the Maori Land Court record, together with the addresses of the owners or of the trustees of those owners under disability.

    (2) Where the application is an application for confirmation of an alienation of any interest in Maori freehold land, then, unless the applicant applies to the court for an exemption from the requirements of section 158 of the Act, the applicant shall, forthwith after making the application for confirmation, arrange for a registered valuer to make a valuation of the land proposed to be alienated.

    (3) Where the resolution is for a lease of the land, the valuation shall include a fair market rental having regard to the use proposed.

    (4) Where the resolution passed is a resolution for the alienation of the land or any part of it, the application shall state whether or not the proposed alienee belongs to 1 or more of the preferred classes of alienee (as defined in section 4 of the Act).

    (5) Where the resolution is for the alienation of the land or any part of it to a person who does not belong to 1 or more of the preferred classes of alienee, the applicant shall, on being given a fixture date for the hearing of the application for the confirmation of the resolution,—

    • (a) insert at least twice, at intervals of not less than 7 days, a public notice in form 20 (as modified by subclause (6)) in a newspaper circulating in the district in which the land proposed to be alienated is situated; and

    • (b) serve a copy of the public notice either personally or by ordinary post on the Registrar of the court; and

    • (c) comply with any direction of the court.

    (6) Any person who belongs to 1 or more of the preferred classes of alienee and who wishes to exercise a right of first refusal in relation to the land proposed to be alienated must file in the court, within the time set out in the public notice, a written notice of that person's intention to appear at the court at the hearing of the application for confirmation and to make at that time to the owners who are in attendance an offer for that land and the notice in form 20 shall, for the purposes of subclause (5), be modified accordingly.

    (7) The court may, at the hearing of the application for confirmation, adjourn the hearing of the application for the purpose of allowing the alienating owners and any person who belongs to 1 or more of the preferred classes of alienee to meet and determine the matter.

    Rule 120(2): amended, on 1 July 1998, by section 54(2) of the Rating Valuations Act 1998 (1998 No 69).