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).

Reprint
as at 1 December 2011

Coat of Arms of New Zealand

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

  • Maori Land Court Rules 1994: revoked, on 1 December 2011, by rule 17.1 of the Māori Land Court Rules 2011 (SR 2011/374).


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


Rules

Part 1
Preliminary provisions

1 Title and commencement
  • (1) These rules may be cited as the Maori Land Court Rules 1994.

    (2) These rules shall come into force on 18 March 1994.

2 Application of rules
  • (1) These rules shall apply to any proceedings in the Maori Land Court or the Maori Appellate Court, as the case may be.

    (2) If any case arises for which no form of procedure is prescribed by any Act, rule, or regulation, the court shall dispose of the case as nearly as may be practicable in accordance with the provisions of the Act or these rules affecting any similar case, or, if there are no such provisions, in such manner as the court thinks best calculated to promote the ends of justice.

    (3) Non-compliance with any of these rules shall not render any proceedings or interlocutory application or document void unless the court so directs; but any such proceedings, interlocutory application, or document may be set aside, either wholly or in part, as irregular, or may be amended or otherwise dealt with in such manner and upon such terms as the court thinks fit.

    Compare: SR 1958/162 rr 4(1), 5, 36

3 Interpretation
  • (1) In these rules, unless the context otherwise requires,—

    chief executive means the chief executive of Te Puni Kokiri

    Chief Judge means the Chief Judge of the Maori Land Court

    court means, as the case may require, the Maori Land Court or the Maori Appellate Court, or both

    district means a Maori Land Court District constituted under section 15 of the Act

    Judge means a Judge of the Maori Land Court; and includes the Chief Judge and the Deputy Chief Judge

    Maori authorities includes—

    • (a) all the trusts constituted under the Act; and

    • (b) all Maori incorporations

    Minister means the Minister of Maori Affairs

    Panui means a notice of a sitting of the court together with a schedule of particulars of applications set down for hearing at that sitting

    party means any person who has made an application to the court and any person whose rights or interests are or might be affected by the application or any order made pursuant to the application; and includes a trustee in respect of any such person

    permanent record of the court means the collection of records described in rule 165

    Registrar means a Registrar of the Maori Land Court; and includes a Deputy Registrar.

    (2) Where any word or expression in any rule or form in these rules is not defined in these rules but is defined in an Act dealing with the subject matter of that rule or form, that word or expression shall, unless the context otherwise requires, bear in that rule or form the meaning given to it by that Act.

    (3) In these rules, unless the context otherwise requires, a reference to a numbered form is a reference to the form so numbered in Schedule 1.

    Compare: SR 1958/162 r 3

4 Construction
  • These rules shall be so construed as to ensure the prompt, inexpensive, and just dispatch of the business of the court and the administration of justice in the court.

5 Forms
  • Where, by these rules, any form is directed or authorised to be used, such variation may be made therein as the circumstances of any particular case may require.

    Compare: SR 1977/140 r 2

6 Directions in case of doubt
  • Where any party or intended party is in doubt regarding any matter of procedure under these rules, that party may apply to the Registrar for directions from the court.

7 Court offices
  • (1) There shall be an office of the court for each district.

    (2) Each office of the court shall be situated at such place as the Minister determines.

    (3) The permanent records and other documents of the Maori Land Court and the Maori Appellate Court shall be deposited and kept, and the administrative work of those courts shall be carried on, at the office of the court for the appropriate district.

    (4) In the case of the absence, illness, or incapacity of the Registrar and the Deputy Registrar for any district, or when there is no such Registrar or Deputy Registrar, any other Registrar may exercise in or in respect of that district any or all of the powers conferred upon a Registrar of the Maori Land Court or Maori Appellate Court by the Act or by these rules.

    Compare: SR 1958/162 r 8

8 Office hours and holidays
  • The offices of the court shall be open from 10 am to 4 pm on every day that is not a Saturday, a Sunday, or a public holiday.

    Compare: SR 1958/162 r 9

9 Sittings
  • (1) The Maori Land Court shall hold its sittings in a district at such times and places as may be decided on, in consultation with the Registrar, by a Judge authorised in that behalf in respect of the district by the Chief Judge.

    (2) Before 1 January in each year the times and places at which sittings of the Maori Land Court in a district are to commence during the ensuing year (in these rules referred to as ordinary sittings), and the schedule of ordinary sittings, together with closing dates for the Panui, shall be—

    • (a) settled by the Judge authorised in that behalf by the Chief Judge in respect of that district; and

    • (b) published in the Gazette.

    (3) The times and places of ordinary sittings in each district shall, subject to the powers of adjournment contained in rule 10, be determined in accordance with the schedule published in the Gazette in accordance with subclause (2) of this rule.

    (4) The Maori Appellate Court shall hold its sittings in each district at such times and places as may be appointed by the Chief Judge.

    (5) A Judge may at any time appoint a time and place for a special sitting of the Maori Land Court (in these rules referred to as a special sitting) at which only such matters may be taken as the Judge who is to preside at the sitting shall direct.

    Compare: SR 1958/162 r 10; SR 1977/140 r 3

10 Adjournments
  • (1) A Judge may at any time before the commencement of any sitting of the Maori Land Court or the Maori Appellate Court,—

    • (a) adjourn the sitting either sine die or to some specified time or place; or

    • (b) cancel the sitting.

    (2) Any person authorised in that behalf by the Chief Judge or the Judge presiding may open or adjourn any sitting of the Maori Land Court.

    (3) After the commencement of any sitting of the Maori Land Court or Maori Appellate Court, the presiding Judge, or in the absence of the presiding Judge any person authorised by the presiding Judge, may adjourn the sitting either sine die or to some specified time or place, or may so adjourn any part or parts of the business notified to be dealt with at the sitting.

    (4) The Registrar shall give notice of any adjournment or cancellation made under this rule in such manner as the Chief Judge or any other Judge may direct.

    (5) Any matter adjourned sine die may be heard at such time and place and upon such notice to the parties as the court may direct.

    (6) The Maori Land Court in any district may adjourn any matter to be heard and determined wholly or in part in any other district, subject to the consent of the court in that other district to hear and determine the same.

    (7) Where the hearing of the whole or part of any matter is adjourned under subclause (6), the Registrar of the court in which the matter is pending shall send to the Registrar of the other district in which the whole or part of that matter is to be heard and determined all the documents relating to that matter. The Registrar of the court in the district in which the whole or part of the matter is to be heard and determined shall, after entering the matter in the records of the court, notify it in terms of rule 26, and all subsequent proceedings in relation to that matter or that part of that matter shall be taken in that court.

    Compare: SR 1958/162 r 11; SR 1977/140 r 4

11 Sittings without formal notice
  • Notwithstanding anything in these rules, a sitting of the Maori Land Court may be held at any time and place appointed by a Judge, without formal notice being given by the Registrar, but no matter shall be heard or determined at any such sitting other than a matter of which due notice has been given to the parties, or which, in accordance with the Act or these rules, may be heard and determined ex parte.

    Compare: SR 1958/162 r 12

Part 2
Commencement of proceedings

12 General form of application
  • (1) Unless otherwise prescribed, every proceeding in the court shall be commenced by lodging an application in writing with the Registrar.

    (2) Every application to the court shall be in form 1 unless these rules provide otherwise.

    (3) Except where an application is made by the Minister, the chief executive, or a Registrar, or some person acting pursuant to a stated statutory authority, every application shall be signed—

    • (a) by the applicant in person; or

    • (b) by the applicant's statutory delegate; or

    • (c) by counsel for the applicant.

    (4) Every application shall include the applicant's full postal address for service of notices, pleadings, and correspondence in respect of the proceeding.

    (5) Any application may be lodged by delivery through the post and shall be deemed to be lodged upon receipt thereof by the Registrar.

    (6) Subject to subclause (7), no application shall be deemed to be lodged unless that application is accompanied by the prescribed fee.

    (7) Notwithstanding anything provided in this rule, the court shall have power to accept an application which is not in the prescribed form or which is not accompanied by the prescribed fee.

    Compare: SR 1958/162 r 13; SR 1977/140 r 5

13 Power of Registrar to refuse application
  • The Registrar, if in his or her opinion an application is not properly made, may refuse to accept the same, unless directed otherwise by a Judge.

    Compare: SR 1958/162 r 15

14 Applications claiming payment of money
  • (1) Every application by which payment of a sum of money is claimed shall be accompanied by a statement of claim in accordance with this rule.

    (2) The statement of claim—

    • (a) shall specify the general nature of the claim that the applicant seeks to establish; and

    • (b) shall include such particulars of time, place, amounts, names of persons, dates of instruments, and other circumstances as are sufficient to ensure that the court and the party or parties against whom relief is sought are fully and fairly informed of the nature and grounds of the claim; and

    • (c) shall, in any case in which special damages are claimed, set out particulars of those special damages; and

    • (d) shall conclude by specifying the relief or remedy sought.

    Compare: SR 1958/162 r 37

15 Application in the Maori language
  • (1) An application may be made in either Maori or English.

    (2) Where an applicant intends to speak Maori in the proceedings, the applicant shall, at the time of filing the application, so inform the Registrar.

    (3) Where the applicant informs the Registrar that the applicant intends to speak Maori in the proceedings, the Registrar shall arrange for the attendance at the hearing of the proceedings of a competent interpreter.

    (4) The Judge may at any time give directions that any notice or document to be served be translated into Maori or English.

    (5) Nothing in this rule limits the provisions of section 4 of the Maori Language Act 1987.

16 Place where application to be made
  • An application may be filed in any court in any district and, upon receipt, shall be transferred, if necessary, to a court in the district in which the land or personal property is situated or in which the cause of action arose.

    Compare: SR 1958/162 r 14

17 Register of applications
  • (1) The Registrar shall keep a register in which shall be recorded all applications properly made, and shall record in the register and upon the application itself, the date upon which the application is lodged.

    (2) The Registrar shall cause to be endorsed upon or attached to each application such particulars from the records of the court and the Land Registry Office as may be necessary for the information of the court when hearing the application.

    Rule 17(2): amended, on 10 September 1998, by rule 2 of the Maori Land Court Amendment Rules 1998 (SR 1998/227).

18 Application by minor
  • (1) Where a minor desires to commence proceedings, the application shall be in the name of the minor by his or her next friend.

    (2) The next friend to a minor shall complete and file with the application an undertaking in form 2.

    (3) The next friend, on completing and filing an undertaking in form 2, shall be liable for costs in the same manner and to the same extent as if the next friend were an applicant, and, if the application fails or is withdrawn, an order for payment of costs may be made against the next friend whether an order for costs is or is not made against the minor.

    (4) Where a proceeding is commenced by an application made in the name of a minor who has not attained the age of 18 years and that person, upon attaining the age of 18 years, elects to proceed with the application, all subsequent proceedings shall be carried on in that person's own name and that person shall be liable for the costs of the proceedings in the same manner as if the proceedings had been commenced after the person attained the age of 18 years.

    (5) Any person who wishes to elect, under subclause (4), to proceed with an application shall give to the court a notice of election in writing and shall serve a copy of the notice of election on all other parties to the proceedings.

    Compare: SR 1958/162 r 19

19 Guardian ad litem and kai tiaki trust
  • (1) The court may at any time appoint a guardian ad litem in respect of any minor or person under disability whose interests are affected by an application.

    (2) A guardian ad litem shall not be personally liable for costs unless they are occasioned by his or her personal negligence or misconduct.

    (3) Nothing in this rule limits the power of the court to constitute, in accordance with section 217 of the Act, a kai tiaki trust in respect of any interests in Maori land or General land, or any shares in a Maori incorporation, or any personal property to which any person under disability is beneficially entitled.

    Compare: SR 1958/162 r 20

Part 3
Notification of applications

20 Notices
  • All notices and other documents required by these rules to be sent or given to any person by the Registrar may, except where personal service is expressly provided for, be sent by post, addressed to the usual or last known residence or place of business of that person, and shall thereupon be deemed to have been duly sent to that person whether actually received by that person or not.

    Compare: SR 1958/162 r 6

21 Panui
  • (1) In each district there shall be published a schedule of applications received by the court or courts in that district.

    (2) That schedule of applications shall be called a Panui.

    (3) Subject to subclause (4), particulars of every application received by a court shall be published by the Registrar in the Panui for the district in which the court is situated.

    (4) The Registrar shall not notify in the Panui any interlocutory application made ex parte.

    (5) Every application to the Chief Judge shall be notified as provided in rule 86.

    (6) Every notice of appeal shall be notified as provided in rule 171.

22 Contents of Panui
  • (1) The Panui shall list the applications received by the court or courts in the district.

    (2) The entry in the Panui in respect of each application shall be accompanied—

    • (a) by a narrative sufficient to describe the land and the major purpose or effect of the application; and

    • (b) by a brief summary of the statutory provisions under which the application is filed.

23 Applications for which no fixture has been made
  • (1) Where no fixture has been made in respect of an application that is listed in a Panui, the note Not ready to proceed shall be included in the Panui in relation to that application.

    (2) Where the note Not ready to proceed has, in relation to an application, been included in the Panui, that application shall not be listed in the Panui again until a fixture has been made.

24 Listing of applications set down for hearing
  • The Panui shall, in addition to listing the applications received, list every application set down for hearing at the sitting being advertised by that Panui.

25 Duty of Registrar to set applications down for hearing
  • Subject to compliance with any directions given by the court, the Registrar shall set each application down for hearing by fixing, in respect of that application, a date and place of hearing.

26 Notice of fixture
  • Where the Registrar sets an application down for hearing, the Registrar shall send written notice of the date and place of hearing—

    • (a) to each applicant; and

    • (b) to any person who has notified an intention to be heard as provided in rule 36; and

    • (c) in the discretion of the Registrar, but subject to any direction of the Judge, to any person appearing on the face of the application to be affected by it; and

    • (d) to each solicitor on the record for any party to the proceeding.

27 Notice to other persons
  • The court may, before hearing or proceeding further with the hearing of an application, require the applicant or the Registrar to give such notice or copies of any paper or plans filed in court as the court considers necessary to any person who may appear to the court to be affected by the application.

28 Notice of further particulars
  • The court may at any time on the application of any party or of its own motion direct any party to file and deliver any particulars or further particulars that the court thinks necessary to define the issues in the proceedings.

29 Time and place of sittings
  • (1) The Panui shall specify the time and place at which the sitting of the court will commence and that time and place shall be notified in the Gazette in accordance with rule 9(2).

    (2) Where all matters set down for a sitting of the court have been disposed of, the court shall adjourn to such other places and at such other times as the Judge shall direct to dispose of other applications for which fixtures have been made.

30 Closing date of Panui
  • (1) The Registrar shall determine, in respect of each Panui, a closing date for the inclusion of particulars of any application in that Panui.

    (2) The Registrar shall not include in a Panui particulars of any application filed after the closing date for that Panui.

31 Issue of Panui
  • The Panui must be issued within 14 days after its closing date.

    Rule 31: substituted, on 10 September 1998, by rule 3 of the Maori Land Court Amendment Rules 1998 (SR 1998/227).

32 Commencement of sitting notified in the Gazette
  • Unless the court otherwise directs, no sitting of the court that has been notified in the Gazette shall commence less than 14 days after the issue of the Panui.

33 Panui for special sittings
  • Where there is to be a special sitting of the court, the presiding Judge shall direct that notice of that sitting and of the matters to be heard at that sitting shall be published forthwith in a special Panui in such manner as the presiding Judge shall determine.

34 Further advertising of application
  • A Judge may, for the purpose of bringing an application to the notice of persons who may be affected by it, direct that that application, in addition to being listed in the Panui, shall be notified through the media.

35 Distribution of Panui
  • (1) Each Registrar shall compile a Panui mailing list and shall update it regularly.

    (2) The Registrar shall send the Panui to—

    • (a) the applicants whose applications are listed in the Panui; and

    • (b) the solicitors on the record for the parties to the applications listed in the Panui; and

    • (c) those persons who, at their own request, are on the Panui mailing list.

36 Notice of intention to appear
  • (1) Any person who is interested in or who may be affected by any application shall be entitled to appear and be heard on the application.

    (2) Where a person who is not named as a party to an application wishes to appear and be heard, under subclause (1), on that application, that person shall, at least 5 days before the date fixed for the hearing of the application, file a notice of intention to appear in form 3, which notice—

    • (a) shall state whether that person supports or opposes the application; and

    • (b) shall set out the grounds on which that person supports or opposes the application.

    (3) No person shall be debarred from appearing in support of or appearing in opposition to any application by reason only of that person's failure to file a notice in accordance with subclause (2).

    (4) Every person who files a notice under subclause (2) shall serve a copy of that notice on the applicant at least 5 days before the date appointed for the hearing of the application.

    Compare: SR 1958/162 r 24(3), (4)

37 Ex parte applications
  • (1) Notwithstanding anything contained in these rules, where—

    • (a) an ex parte application is authorised by the Act or these rules; or

    • (b) a Judge is satisfied that—

      • (i) there are special or urgent circumstances that require notice to be dispensed with; or

      • (ii) service of notice would cause undue delay or other serious detriment to the party applying; or

      • (iii) the application affects the party applying only, or is a matter of routine, or the interests of no other party can be affected thereby; or

      • (iv) the party in respect of whom the order is sought cannot be found,—

    the court may, on an ex parte application, make an order without prior notification of the proceedings by way of Panui or written notice.

    (2) An ex parte application shall be supported by an affidavit by the applicant setting out the grounds relied upon.

    (3) Any application which, by the Act or by these rules, may be made ex parte may be heard and determined by the court, without notification, at any time or place which a Judge thinks fit.

    (4) Any order issued by a Judge may in the Judge's discretion be accompanied by a direction that notice of the order be served on any person.

38 Disposal of outstanding applications
  • (1) The Registrar shall, at intervals of not less than 6 months, prepare a schedule of applications that, without proper cause,—

    • (a) have not been prosecuted; or

    • (b) have not been finally disposed of.

    (2) The Registrar shall send a copy of every schedule prepared in accordance with subclause (1) to the parties to the applications listed in that schedule and shall inform those parties that the applications will be referred to the court for dismissal unless extensions of time are sought and obtained from the court.

    (3) Any dismissal of an application that has been referred to the court under subclause (1) shall be without prejudice to the right of the applicant to make another application in respect of the matter or to the power of the court to reinstate the application dismissed.

Part 4
Procedure at hearing

39 Preliminary procedure
  • Where applications have been notified to be heard at any sitting of the court, the Registrar shall, before those applications are heard, place before the Judge—

    • (a) those applications; and

    • (b) all files, plans, and documents relating to those applications; and

    • (c) a copy of the Panui of the sitting.

40 Attendance of clerk of court and interpreter
  • The Registrar shall arrange for the attendance at every sitting of the court of—

    • (a) a clerk of the court; and

    • (b) if necessary, a competent interpreter.

41 Presiding Judge
  • If more than 1 Judge is present at a sitting of the court, the senior Judge shall preside.

    Compare: SR 1958/162 r 24(1)

42 Conduct of hearing
  • (1) In accordance with section 66 of the Act, the presiding Judge shall determine the manner in which proceedings are to be conducted and the order in which the parties are to be heard.

    (2) The court shall hear any person who is interested in or who may be affected by any application and may in its absolute discretion hear any other person on any application.

    (3) The court may, if it considers necessary, in the interests of justice and for the proper hearing of any proceedings at any time before or during the hearing of the proceedings, join as a party thereto any person or class of persons.

    (4) Where any person or class of persons is joined as a party under subclause (3), the court may, under section 70(3)(b) of the Act, appoint a barrister or solicitor to represent that person or class of persons where the court considers that the interests of that person or class of persons could be affected by any order that may be made in the proceedings.

    (5) The court may in its discretion, deal with the subject matter of any application wholly or in part or parts and make separate orders in respect of each such part or parts or make any other order under section 37(3) of the Act or dismiss any application wholly or in part, upon such terms as the court thinks fit.

43 Evidence to be on oath or affirmation
  • Unless the court otherwise directs, the evidence of witnesses at the hearing shall be taken orally on oath or affirmation.

44 Evidence by affidavit or declaration or other form
  • (1) Subject to any express provision in these rules, the court may, in its discretion, determine whether or not it will accept evidence by affidavit or declaration or any other form and may require the attendance of any person at the court for the purpose of cross-examination on any evidence.

    (2) An affidavit, declaration, or affirmation to be used in any proceedings before the court may be sworn or made in New Zealand before a Judge or a Registrar or before a solicitor of the High Court or a Justice of the Peace.

    Compare: SR 1958/162 r 30

    Rule 44(2): added, on 10 September 1998, by rule 4 of the Maori Land Court Amendment Rules 1998 (SR 1998/227).

45 Further evidence
  • (1) If, in any case, the court requires further evidence, or thinks that notice of any application should be given to any person or class of persons, or that any such person or class of persons should be heard or represented in any proceedings, it may make such order and give such directions as it thinks fit for the purpose of obtaining the evidence, giving any such notice, or allowing any such person or class of persons to be heard or represented.

    (2) Without limiting the generality of subclause (1), in any proceedings in which the court is of the opinion that the production of further evidence is reasonably necessary for the proper exercise of the court's jurisdiction, the court may, on the application of any of the parties or of its own motion, give to any of the parties a direction relating to all or any of the following matters:

    • (a) the giving of additional evidence:

    • (b) the filing of further particulars:

    • (c) the production of any document for inspection:

    • (d) the production of copies of entries in any ledgers or other books of account relating to any business.

    (3) Non-compliance by an applicant with any direction given under subclause (2) within the time specified in the direction may be a ground for the dismissal of the application.

    (4) In addition to the powers conferred by subclauses (1) and (2), the court may, at any time, call on, Te Puni Kokiri and the Māori Trustee or their respective successors to produce such reports, historical or otherwise, and such departmental files or parts thereof as, in the opinion of the court, are reasonably necessary for the exercise of its jurisdiction in any proceedings.

    (5) Where any reports or departmental files or any parts thereof are called for by the court in accordance with subclause (4), an opportunity shall be given to any party or counsel acting to examine such reports or departmental files or parts thereof and to be heard thereon.

    (6) Nothing in this rule prevents Te Puni Kokiri or the Māori Trustee or any Minister of the Crown from claiming privilege for any reports or departmental files or parts thereof and the provisions of rule 55 shall apply.

    Rule 45(4): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

    Rule 45(6): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

46 Powers of designated Registrars to exercise in specified cases jurisdiction and powers of court
  • (1) Any Registrar designated for the purposes of section 39 of the Act may exercise the jurisdiction and powers conferred on the court by the Act in any case where—

    • (a) an application is made for an order under section 18(1)(a) of the Act recording the determination of a life or other limited estate in any Maori freehold land or the fact of survivorship upon the death of a person holding any freehold estate in any Maori freehold land; or

    • (b) an application is made under section 19(1)(d) of the Act (by a person other than the Registrar) for an order by way of injunction prohibiting the distribution by any trustee or agent of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of the Act relates; or

    • (c) an application is made for the discharge under section 82(4) of the Act of a charging order; or

    • (d) the administrator of any Maori who has died possessed of any freehold interest in General land makes, under section 111(1) of the Act, an application for an order vesting that interest in that administrator; or

    • (e) the administrator of any estate to which Part 4 of the Act applies makes, under section 112(1) of the Act, an application for an order vesting in that administrator any beneficial interest in Maori freehold land belonging to that estate; or

    • (f) an application under section 133(3)(c)(i) of the Act for a status order declaring that any land shall cease to be General land and shall become Maori freehold land; or

    • (g) an application is made under section 11(5) or section 11(6) of the Protected Objects Act 1975 for an order recording the ownership of a taonga tūturu.

    (2) In all matters in which jurisdiction is given under these rules to a Registrar, that Registrar shall be entitled to exercise as ancillary to that jurisdiction, all powers that a Judge may exercise in like circumstances.

    (3) If during the hearing of an application by the Registrar a contest arises between the parties, the Registrar shall adjourn the proceedings to the court.

    Rule 46(1)(f): amended, on 1 November 2006, by section 34(1) of the Protected Objects Amendment Act 2006 (2006 No 37).

    Rule 46(1)(g): added, on 1 November 2006, by section 34(1) of the Protected Objects Amendment Act 2006 (2006 No 37).

47 Reference of matter to Registrar for inquiry and report
  • (1) Where, under section 40 of the Act, any proceedings or questions are referred to a Registrar for inquiry and report, the reference shall be in form 4, modified as required by the Judge.

    (2) A reference under section 40 of the Act may be made by a Judge—

    • (a) on an application made before the hearing by any party; or

    • (b) on an application made at the hearing by any party; or

    • (c) before the hearing or at any stage of the proceedings by the Judge of his or her own motion.

48 Conduct of reference for inquiry and report
  • Subject to any direction given by the Judge, where under section 40 of the Act any proceedings or questions are referred to a Registrar for inquiry and report, the Registrar,—

    • (a) shall fix a day and place for holding the inquiry and shall give notice of that day and place to all parties entitled to attend the inquiry; and

    • (b) shall hold the inquiry in court or in the Registrar's office or at any place convenient to the parties; and

    • (c) may, with the consent of the owner or occupier, inspect any land or property in any case where inspection of the land or property is relevant to the inquiry; and

    • (d) may enforce by summons issued in accordance with rule 53, the attendance of any witnesses; and

    • (e) shall conduct the inquiry in the same manner, as nearly as circumstances permit, as if the inquiry were before a Judge; and

    • (f) may submit any question arising in the inquiry for determination by the Judge.

49 Verifying accounts
  • (1) Where, under section 40(3) of the Act, any matter of account is referred to the Registrar, the accounting party shall, unless the court otherwise directs, make out the account and verify it by affidavit.

    (2) The items on each side of the account shall be numbered consecutively and the account shall be referred to by the affidavit as an exhibit and filed in the court.

50 Report by Registrar
  • A report made by the Registrar under section 40 of the Act shall be in writing and shall be filed in the court.

51 Power of Registrar to take evidence
  • (1) Where, because of illness, commitment to work, distance from the court, or any other sufficient reason, any person is unable to attend the court to give evidence in any proceedings, a Judge may direct a Registrar to attend on that person for the purpose of taking that person's evidence.

    (2) Where a Registrar takes evidence pursuant to a direction under subclause (1), the Registrar may, in relation to the taking of that evidence, exercise all the powers of a Judge in like circumstances other than any power of committal.

    (3) Where the evidence of a person is taken pursuant to a direction under subclause (1), that evidence shall be set out in a deposition that shall, on being certified by the Registrar and filed in court, form part of the proceedings.

52 Minute to be placed on documents produced
  • (1) The presiding Judge shall place on every document, plan, or other paper produced in evidence in any proceedings, a minute, setting out—

    • (a) the appropriate application number; and

    • (b) the date of production of the document, plan, or other paper.

    (2) Where any proceedings are conducted before a Registrar, that Registrar shall comply with subclause (1) as if that Registrar were a presiding Judge.

53 Summons to witness
  • (1) Where the court or any party to any proceedings desires a person to be summoned as a witness to give oral evidence at the hearing or to produce at the hearing any document in that person's possession or control, the Registrar shall, at the request of the Judge or party, issue a witness summons in form 5.

    (2) The summons shall be served on the witness personally a reasonable time before the day fixed for the hearing.

    (3) Personal service may be effected by leaving with the witness a copy of the summons, sealed with the seal of the court.

    (4) There shall be paid or tendered to the witness, at the time of the service of the summons, or at a reasonable time before the day on which the witness is ordered to attend, the sum estimated to be payable to that witness for allowances and travelling expenses, but not fees, pursuant to the Witnesses and the Interpreters Fees Regulations 1974.

    (5) Service of the summons may be proved by an affidavit in the form endorsed upon form 5 or upon oath or affirmation at the hearing.

    Compare: SR 1958/162 r 32(1)–(5)

54 Discovery of documents
  • (1) In this rule party means a person who—

    • (a) has filed an application in the proceedings; or

    • (b) has filed a notice of intention to appear; or

    • (c) has been joined as a party to the proceedings in accordance with rule 42(3).

    (2) In any proceedings the court, on the application of any party, may make an order requiring any other party to give discovery of the documents which are or have been in that person's possession or power relating to any matter in question in the proceedings.

    (3) The order shall be in form 6, and shall be signed by the Registrar.

    (4) The order shall be served by the applicant or the Registrar on the party against whom it is issued.

    (5) A party against whom an order for discovery is issued shall, within 14 days after the day on which the order for discovery is served on that party,—

    • (a) file in the court an affidavit of documents in form 7; and

    • (b) serve a copy of the affidavit of documents on the party who applied for the order.

55 Privilege
  • Where, on any application for an order requiring any other party to give discovery of documents, privilege is claimed for any document, the court may inspect the documents for the purpose of deciding whether the claim of privilege is valid.

56 Court may give directions
  • In any proceeding the court may at any time of its own motion or on the application of any party give such directions as it thinks proper.

57 Enlargement or abridgment of time for service
  • The court may, in its discretion, enlarge or abridge the time appointed by these rules, or fixed by any order enlarging time, for the service of any application or notice or proceedings on such terms (if any) as the Judge thinks just.

58 Taking evidence in another district
  • (1) Where, in relation to any application, it is desired to use the evidence of a party to that application, or of any person who is not resident in the district in which the application has been filed, the court, after notification of the application in terms of rule 21, may, upon written or viva voce application of any party, adjourn the application to another district for the purpose of taking and recording that evidence.

    (2) When an application is adjourned to another district, the Registrar of the court in which the application is pending shall send to the Registrar of the other district all the documents relating to that application.

    (3) The Registrar of the district to which the application is adjourned shall enter the application in the records of the court and shall notify it in terms of rule 21.

    (4) The application shall then be referred to a Judge for directions as to the setting down for hearing of the application.

    (5) After the taking of the evidence for which the adjournment was made, the application and all the documents shall be returned by the Registrar to the court in the district in which the application was filed.

Part 5
Disposal of proceedings

59 Form of order
  • (1) An order for which no specific form is prescribed shall be in form 8 unless a Judge or Registrar directs otherwise.

    (2) On the making of any order, the court or the Registrar may require any party to submit a draft of the order for the purpose of having the order drawn up, and the form of the order shall be finally settled by the court or the Registrar.

    (3) As soon as practicable after the pronouncement of an order and the approval by the Judge of any plan required by rule 62, the order shall be drawn up in writing and, subject to section 73(2) of the Act and to any provision of these rules, shall be signed and sealed.

    Compare: SR 1958/162 r 34(1), (2), (3)

60 Signing of orders
  • (1) Where any order of the court or of a Registrar is drawn up, only the original order shall be signed.

    (2) The court may, for the purposes of rule 66, cause duplicates of any order to be signed and sealed.

    (3) Every duplicate of an order shall have the word Duplicate written or stamped on it, and shall have the same evidentiary value as the order of which it is a duplicate.

    (4) An order of the court may be signed by the Judge by whom it was made or by any other Judge of the court, or by a Registrar acting with the authority in writing of the Judge by whom it was made. Where an order is signed by a Registrar, the Registrar's description shall be added.

    (5) Any authority given to a Registrar for the purposes of this rule may be limited to a specific order, or to orders of a specified kind or class, or may be of general application to any orders made by the Judge by whom the authority is given.

    (6) The fact that an order of the court is signed by a Registrar or Deputy Registrar shall be sufficient evidence of that person's authority so to do.

61 Effective date and validity of the order
  • Every order of the court or a Registrar shall be dated as at the date of the minute of the order, and shall relate back to that date. The validity and operation of all intermediate orders, instruments, proceedings, and transactions shall be determined accordingly.

62 Orders requiring plan
  • Every partition order and every freehold order and every other order that requires a plan of the land comprised therein to be endorsed on or annexed to the order shall have endorsed or annexed to it a plan of the land sufficient for the purpose of registration under the Land Transfer Act 1952.

    Compare: SR 1958/162 r 34(3)

63 Survey plan to be approved by Judge
  • Every survey plan from which a plan to be endorsed upon or annexed to an order is to be prepared, shall be approved by a Judge and minuted by the Judge as approved, before the plan prepared from that survey plan is endorsed upon or annexed to the order.

    Compare: SR 1958/162 r 34(4)

64 Amendment of order to comply with plan
  • (1) Where a plan of the land prepared for the purposes of any order to which rule 62 applies discloses any variance with the order as pronounced by the court, whether the variance is in respect of area or boundaries, the court may, subject to such notice being given to such parties as the court thinks necessary, amend the order in such a way as to make it accord with the plan.

    (2) Where an area of accretion is shown on a plan to which subclause (1) applies, the court shall give to the appropriate local authorities 2 months notice of its intention to amend the order.

65 Substitution of new plan
  • Where the court is satisfied that a plan prepared for the purposes of any order contains a mistake or omission, the court may amend the order by substituting a new plan with such amendments to the description of the land in the order as may be necessary to correct any variance between the description and the new plan.

66 Issue of orders
  • (1) The original order is to be retained at all times in the court registry and duplicate orders (as provided in rule 60(2)) shall be issued if necessary.

    (2) Each issue of a duplicate order shall be noted on the face of the original order.

    (3) Except with the leave of the court, no order from which there is a right of appeal to the Maori Appellate Court shall be issued from the office of the court before the time allowed for appeal has expired or, in the event of an appeal, before the appeal has been disposed of.

    (4) No order shall be issued until all court fees, special succession fees, conveyance duties, survey and other charges payable in respect thereof have been paid.

    Compare: SR 1958/162 r 34(5)

67 Production of order
  • Where provision is made in any Act or rule for production of an order of the court to any District Land Registrar or other person, for purposes of registration or otherwise, or where an order is required for production in any court or tribunal proceeding, it shall be sufficient compliance with that provision if a duplicate of the order, or a copy thereof issued under the seal of the court and certified by a Judge or Registrar as a correct copy, is produced.

68 Amendment of orders
  • (1) Every amendment made by the court under section 86 of the Act shall be made by an order of the court and the proceedings thereon shall be recorded in the Minute Book of the court.

    (2) The amendment made shall, where practicable, be endorsed on the order, warrant, record, or other document, with a reference to the order of amendment and any such endorsement shall be signed by the Registrar.

    (3) If any order proposed to be amended has been transmitted to the District Land Registrar or filed in the High Court or District Court, a sealed duplicate of the amending order shall be transmitted to the District Land Registrar, or the Registrar of the High Court or District Court, as the case may be.

    Compare: SR 1958/162 r 35

69 Order without appearance
  • An application in respect of which no appearance is required may be disposed of at any time notwithstanding that the date for hearing shown in the Panui may not have arrived, and the Registrar shall, as soon as possible after such disposal, give notice of any order—

    • (a) to the applicant or the applicant's solicitors; and

    • (b) to any party who has consented in writing to the application or to that party's solicitor; and

    • (c) to such other persons as the court directs.

70 Dismissal
  • (1) The court may dismiss any application on the ground of non-appearance of the applicant or for want of proper prosecution, and, upon any such dismissal being recorded in the Minute Book, the application shall be discharged from further consideration of the court, and shall be noted accordingly in the records of the court.

    (2) Any dismissal under subclause (1) shall be without prejudice to the right of the applicant to make another application in respect of the same matter, or of the court to reinstate the application dismissed.

71 Rehearing
  • (1) An application for rehearing under section 43 of the Act may be made—

    • (a) in open court; or

    • (b) in writing lodged with the clerk of court during the sitting at which the decision in the matter sought to be reheard is given; or

    • (c) in writing lodged with the Registrar.

    (2) The application shall set out the grounds upon which the applicant relies for the grant of a rehearing.

    (3) The court—

    • (a) may require the applicant to supply further particulars in support of the application for rehearing; and

    • (b) may require the applicant or the Registrar to give notice of the application and the further particulars requested by the court and any hearing date fixed by the court in such manner and to such persons as the court thinks fit.

    (4) If the application is granted, the rehearing may take place either before the same or any other Judge, and either at the same sitting or at any other sitting of the court.

    (5) Where the rehearing takes place at any other sitting of the court, the original application shall be notified and dealt with in accordance with these rules.

    Compare: SR 1958/162 r 33(1), (4), (5)

Part 6
Costs and allowances

72 Security for costs
  • (1) Where, under section 79(4) of the Act, any person is required to deposit any sum of money as security for costs, the security shall be given by that person depositing that sum of money in the court office.

    (2) Money deposited as security for costs shall be held by the Registrar in a separate account and shall be disbursed only by order of the court.

73 Taxation of costs
  • (1) Any person, being—

    • (a) a person whose bill of costs is subject to taxation by virtue of an order of the court under section 79 of the Act; or

    • (b) a person whose costs, charges, or expenses have, under section 80(2) of the Act, been referred to the Registrar or any other officer of the court for taxation,—

    may obtain from the Registrar or any such other officer an appointment for the taxation of the costs, charges, or expenses.

    (2) Notice of the time and place fixed by any such appointment shall be served upon such persons, if any, as the Registrar directs.

    (3) The person whose costs, charges, or expenses are to be taxed—

    • (a) shall, at the time of the making of the appointment, lodge with the Registrar or other officer a full and detailed bill, which bill shall show all fees, charges, expenses, and disbursements, with counsel's fees, if any, shown separately from solicitors' charges; and

    • (b) shall serve copies of the full and detailed bill upon such persons and in such manner as the Registrar or other officer of the court directs.

    (4) The full and detailed bill shall be supported, where possible, by vouchers for disbursements.

    (5) If extra expenses that do not appear on the face of the proceedings are claimed, a statutory declaration shall be filed showing that any such extra expenses were necessary and proper under the circumstances.

    (6) The first appointment made by the Registrar or other officer of the court shall be pre-emptory and, unless sufficient cause appears for postponement, the Registrar shall then proceed ex parte on proof that due notice has been given to the party or person liable for payment of the costs.

    (7) The Registrar shall, at the time and place appointed, proceed to tax the costs, charges, or expenses and shall fix what, in the Registrar's opinion, would be a proper account for the costs, charges, or expenses in the circumstances, and shall issue a certificate of any such amount.

    (8) In addition to court costs, the Registrar shall fix all disbursements for—

    • (a) fees of court:

    • (c) agency charges:

    • (d) other necessary payments.

    (9) Where it appears to the court, on application made by any person dissatisfied with the taxation, that the Registrar or other officer of the court has decided erroneously, whether as to amount or principle, the court may refer the taxation back to the Registrar or other officer of the court with directions to review the taxation and make such alterations in it as may be necessary.

    (10) Where, upon an order for costs under section 79 of the Act, taxation is not ordered, the court may fix the amount of the costs payable.

    (11) On the taxation of costs, whether as between party and party or as between solicitor and client, no charge shall be allowed for the preparation or the service of the bill of costs or any copy thereof.

    Compare: SR 1958/162 r 131(2)–(10)

Part 7
Jurisdiction in particular cases

74 Claim to ownership or possession of Maori freehold land or proceeds
  • (1) Every application under section 18(1)(a) of the Act—

    • (a) shall specify the claim; and

    • (b) shall state the basis upon which the applicant seeks to establish the claim; and

    • (c) shall state the basis of the claim and the particulars relating to it in such manner as is sufficient to ensure that the court and all parties affected by the application are fully and fairly informed of the nature and grounds of the claim.

    (2) No fixture for the hearing of an application to which this rule applies shall be allocated unless and until the application has been referred to the court for directions.

    (3) Where an application under section 18(1)(a) of the Act calls into question the integrity of the records of the court, the Registrar shall, in complying with rule 17(2), attach to the application a search note containing a summary of all orders or instruments of alienation that together trace the chain of title or ownership, as the case may be, upon which the title or ownership position, as disclosed by the records of the court, is based.

    Compare: SR 1958/162 r 38

75 Relative interests
  • (1) Every application under section 18(1)(b) of the Act—

    • (a) shall state the basis upon which the applicant seeks a determination of the relative interests of the owners in common, whether at law or in equity, of any Maori freehold land; and

    • (b) shall include such particulars as are sufficient to ensure that the court and all parties affected by the application are fully and fairly informed of the grounds of the application.

    (2) Where an application under section 18(1)(b) of the Act calls into question the integrity of the records of the court, rule 74(3) shall apply in relation to that application.

    (3) Relative interests shall, in all cases where it can conveniently be done, be expressed in shares or decimal parts of a share, the whole interest in the Maori freehold land being for that purpose expressed by the number of shares awarded.

    Compare: SR 1958/162 r 39

76 Claim to recover damages for trespass or other injury
  • (1) The provisions of rule 14 shall apply to every application under section 18(1)(c) of the Act.

    (2) Notice of every application under section 18(1)(c) of the Act shall be given by the claimant to the person against whom the claim is made (in this rule referred to as the defendant) in the manner directed by the court.

    (3) The notice required by subclause (2) shall be given to the defendant not less than 14 days before the day notified in the Gazette for the sitting of the court at which the application is to be heard.

    (4) It shall not be necessary for the defendant to file a statement of defence.

77 Claim founded on tort or contract
  • (1) Every application under section 18(1)(d) of the Act shall be in form 9 and shall be filed in duplicate.

    (2) The provisions of rule 14 shall apply to every application under section 18(1)(d) of the Act.

    (3) Upon the filing of an application under section 18(1)(d) of the Act, the Registrar—

    • (a) shall immediately fix a day for the hearing of the application (which date shall be not less than 1 month after the date of filing of the application); and

    • (b) shall return the duplicate application to the applicant.

    (4) The applicant—

    • (a) shall serve the duplicate application upon the defendant named in the application not less than 14 days before the date fixed for the hearing of the application; and

    • (b) shall at the hearing produce evidence of service.

    (5) Any defendant who wishes to defend the proceedings shall file a notice of intention to appear in accordance with rule 36.

    (6) At any time before the hearing or during the hearing the court may direct any party to file and deliver any particulars or further particulars in accordance with rule 28.

78 Application to determine membership of preferred classes of alienees
  • (1) The provisions of rule 12 shall apply to every application under section 18(1)(f) of the Act.

    (2) Every application under section 18(1)(f) of the Act for determination whether, for the purposes of the Act, any person is a member of any of the preferred classes of alienees specified in section 4 of the Act shall be accompanied by a whakapapa establishing the relationship of the applicant to the subject land or subject matter before the court.

79 Determination of status of land
  • (1) Every application for a determination under section 18(1)(h) or section 131 of the Act shall set out the purpose for which the determination is required.

    (2) Every determination made under section 18(1)(h) or section 131 of the Act shall state the purpose for which the determination is made.

80 Determination as to whether land held in fiduciary capacity
  • (1) Every application under section 18(1)(i) of the Act shall specify the grounds upon which the applicant claims that the land specified in the application is or is not held by any person in a fiduciary capacity.

    (2) Where it is claimed that land is held by any person in a fiduciary capacity, and that claim is founded on documentation not in the custody or control of the Registrar, the applicant shall file in court such documentation or duplicate of the documentation and prove the evidentiary value of that documentation to the satisfaction of the court.

81 Injunctions
  • (1) Every application under section 19 of the Act for an order by way of injunction may be made orally during the hearing of any proceedings before the court, but otherwise shall be made by written application accompanied by an affidavit or statutory declaration verifying the facts set out in the application and setting out any circumstances that may require urgent consideration by the court.

    (2) Upon receipt of an application for an order by way of injunction, the Registrar shall forthwith bring the application to the notice of a Judge and seek the directions of the Judge.

    (3) The court may direct that the application be served by the applicant, the Registrar, or any other person.

    (4) Service of the application shall be effected by personal service or in such other manner as the court may direct.

    (5) An application for an order by way of injunction may be heard by the court at any time.

    (6) Where the urgency of the case requires it, the court may make an interim order by way of injunction ex parte.

    (7) A signed and sealed copy of every order by way of injunction shall be served on the person against whom the order has been made as soon as practicable after the making of that order.

    (8) The Chief Judge shall not take any action under section 85 of the Act to enforce an order by way of injunction until the person upon whose application the order has been granted has filed in the court an affidavit of service.

    (9) The court may order that an order by way of injunction shall bind the respondent and the respondent's contractors, agents, servants, workers, or invitees, although the respondent only is named in the application.

    Compare: SR 1958/162 r 40(2)–(6), (10)–(12)

82 Enforcement of order by way of injunction
  • (1) Where, under section 85 of the Act, the Chief Judge transmits to a Registrar of the High Court a copy of an order by way of injunction, that copy shall be accompanied by a memorandum in form 10.

    (2) Every certificate given by a Judge under section 85(3) of the Act shall be addressed to a Registrar of the High Court.

    Compare: SR 1958/162 r 52

83 Cancellation of injunction
  • (1) An order by way of injunction may be cancelled at any time upon application made to the court by the person against whom the order was made or any other interested party or by the Registrar.

    (2) An application under subclause (1) may be heard at any time.

    Compare: SR 1958/162 r 40(7)

84 Restoring effect of lost instrument of alienation
  • (1) Every application under section 25 of the Act shall be accompanied by an affidavit setting out—

    • (a) the circumstances surrounding the loss or destruction of the instrument of alienation; and

    • (b) such other information as is necessary in order for the court to exercise the jurisdiction conferred by that section.

    (2) Where application is made under section 25(3) of the Act for an order vesting any land or interest in land to which the instrument related in any person or persons claiming under or through the first-mentioned persons or persons, the affidavit referred to in subclause (1)—

    • (a) shall cite the grounds for the vesting; and

    • (b) where appropriate, shall have annexed to it a duplicate of the instrument of alienation or other document upon which the claim is founded.

    (3) Upon receipt of an application under section 25 of the Act, the Registrar shall, before fixing a date for the hearing of the application in accordance with rule 25,—

    • (a) attach to the application a report of the relevant transaction disclosed in the court records; and

    • (b) produce to a Judge—

      • (i) the copy of any instrument of alienation already filed as required by the Act or these rules; and

      • (ii) any record of the transaction filed in the court, the existence of which has a bearing on the proceedings; and

    • (c) refer the application to the court for directions.

    (4) No fixture for the hearing of an application under section 25 of the Act shall be allocated unless and until the application has been referred to the court for directions.

    (5) An application under section 25 of the Act may, if the court so directs, be heard and determined ex parte.

85 Power of Chief Judge to correct mistake or omission
  • (1) Every application under section 45 of the Act shall be in form 11.

    (2) The following matters shall be set out in the application:

    • (a) particulars of the order or certificate of confirmation sought to be cancelled or amended, including the nature of the order or certificate of confirmation, the date thereof, the land affected, the names of the owners affected, or, in the case of an order on succession, the name of the deceased:

    • (b) a precise statement of the nature of the mistake or omission upon which it is founded, and by whom any such mistake or omission was made, whether by the court or in the presentation of the facts to the court, or, where it is alleged that the order or certificate of confirmation is erroneous in law, the nature of the error in law:

    • (c) in the case of an order on succession to a deceased person where the whakapapa or genealogy accepted by the court is alleged to be incorrect, the whakapapa or genealogy claimed to be correct shall be set out where practicable:

    • (d) the applicant shall allege that the applicant or the person on whose behalf the application is made has been adversely affected by the order or certificate of confirmation.

    Compare: SR 1958/162 r 119(1), (4)

86 Notification of applications
  • (1) Every application under section 45 of the Act shall be notified in accordance with rule 21(1) as With Chief Judge.

    (2) After an application under section 45 of the Act has been notified in the Panui as With Chief Judge, that application shall not be listed in the Panui again until a formal hearing is directed—

    • (a) by the Chief Judge; or

    • (b) by the court (in any case where the application has, under section 46(1) of the Act, been referred to the court for inquiry and report and the holding of a formal sitting or a hearing of the parties in open court is required).

    Compare: SR 1958/162 r 119(7); SR 1969/144 r 7

87 Registrar's report
  • On receiving an application under section 45 of the Act, the Registrar shall, in complying with rule 17(2), attach to the application a preliminary report containing—

    • (a) a concise history of the order or certificate of confirmation sought to be cancelled or amended:

    • (b) a succinct statement of the mistake or omission alleged by the applicant:

    • (c) identification of any evidence held that may be of assistance in remedying the mistake or omission or evidence that is required to remedy the mistake or omission:

    • (d) details of subsequent orders of the court affecting land to which the application relates:

    • (e) details of any payments made as a result of the order or certificate of confirmation sought to be cancelled or amended, whether by the Māori Trustee or by any other person, together with details of the amount of proceeds currently held by the Māori Trustee or any other person, payment of which would otherwise follow the order sought to be cancelled or amended:

    • (f) reference to areas of difficulty, uncertainty, or conflict encountered by the Registrar in compiling the preliminary report:

    • (g) a consideration of whether the matter need go to a full hearing or whether the mistake or omission is clearly apparent from the court's own record:

    • (h) a recommendation of the course of action to be taken:

    • (i) where any money is held in trust and the payment out of that money is likely to be affected by any order made under section 44 of the Act, full particulars thereof for the purposes of the issue of any injunctions that may be found to be necessary.

    Rule 87(e): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

88 Directions as to notice to be given
  • In the case of an application under section 45 of the Act, the Chief Judge (where the application has, under section 46(1) of the Act, been referred to the court for inquiry and report) may require the applicant to give such notice of the application as the Chief Judge or the court thinks fit to the persons affected by the application, or may direct the Registrar to give such notice.

    Compare: SR 1958/162 r 119(6)

89 Registrar to give notice of decision to persons affected
  • (1) Where the Chief Judge makes a decision on an application made under section 45 of this Act, the Registrar shall, subject to subclause (2), forthwith give notice of the decision to the persons affected or their solicitors or agents.

    (2) Where there are several members of a family who are affected by a decision on an application made under section 45 of this Act, the Registrar may give notice of the decision to such members of the family as the Registrar thinks fit.

    Compare: SR 1958/162 r 119(8)

90 Procedure where order or certificate of confirmation cancelled
  • (1) Where, under section 44 of the Act, an order or certificate of confirmation is cancelled by the Chief Judge, a note of the cancellation shall be endorsed on the order or certificate.

    (2) The note required by subclause (1) shall be authenticated by the signature of the Registrar and shall include a reference to the order effecting the cancellation.

    (3) The Registrar shall also make a similar endorsement in the Minute Book against the minute from which the order originated.

    Compare: SR 1958/162 r 119(10)

91 Procedure where order or certificate of confirmation amended
  • (1) Where, under section 44 of the Act, an order or certificate of confirmation is amended by the Chief Judge, or where, under section 47(4) of the Act a consequential amendment is made to any other order, every amendment so made shall be endorsed upon the order or certificate.

    (2) The endorsement required by subclause (1) shall be authenticated by the signature of the Registrar and shall include a reference to the order effecting the amendment.

    (3) The Registrar shall also make a similar endorsement in the Minute Book against the minute from which the order originated.

    Compare: SR 1958/12 r 119(9)

92 Case stated for Maori Appellate Court
  • (1) In any case where the Maori Land Court decides to state a case for the opinion of the Maori Appellate Court on a question of law, the Maori Land Court shall settle the question of law to be stated.

    (2) Where, upon the application of one only of the parties, the court decides to state any such case, 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.

    (3) Where the court decides to state any such case upon its own motion or with the consent of the parties, it shall be the duty of the applicant under the application before the court to prepare the case and to submit it to all other parties for approval before submitting it to the court for its approval.

    (4) 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.

    (5) 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 Judge.

    Compare: SR 1958/162 r 53(1)–(5)

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

94 Case stated for High Court by Maori Land Court
  • (1) In any case where the Maori Land Court decides to state a case for the opinion of the High Court, the Maori Land Court shall settle the question of law to be stated, and shall submit the same to the Chief Judge, together with a statement of such of the facts as are considered necessary to enable the Chief Judge to determine whether the Chief Judge should give leave under section 72 of the Act for the stating of the case.

    (2) If leave is given by the Chief Judge, 1 copy of the case stated shall be transmitted by the Registrar to the Registrar of the High Court nearest to which the subject matter of the application is situated.

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

    Compare: SR 1958/162 r 53

95 Enforcement of orders for payment of money
  • (1) Where an order is required to be filed in the District Court under section 81 of the Act, a copy of the order shall be drawn up under the hand of the Judge and the seal of the court.

    (2) The order shall be backed with a backing sheet in accordance with the District Courts Rules 1992 and shall be transmitted to the appropriate District Court by the Registrar together with a memorandum in form 13 signed by the Judge.

    (3) Every certificate given by a Judge under section 81(3) of the Act shall be addressed to the Registrar of the District Court.

    Compare: SR 1958/162 r 51

96 Charging order to enforce payment
  • Every application for a charging order under section 82 of the Act shall set out details of the order for the payment of money upon which the application is based.

97 Appointment of receiver to enforce charges, etc.
  • (1) An application under section 83 of the Act for the appointment of a receiver may, in case of urgency, be heard by the court at any time, upon such notice as a Judge directs.

    (2) Every application to which subclause (1) applies must be accompanied by the written consent of the proposed receiver.

    (3) The court may require any person, other than the Māori Trustee, appointed as a receiver to give security for the due execution of that person's duties as a receiver.

    Compare: SR 1958/162 r 46(3)–(5)

    Rule 97(3): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

98 Obligation of receiver to keep accounts
  • Every receiver—

    • (a) shall keep proper accounts; and

    • (b) shall lodge with the court from time to time such statements of account as the court directs; and

    • (c) shall from time to time, as the receiver thinks fit or the court directs, pay into the court any money remaining in the receiver's hands after payment of any sums that the receiver is authorised by the court to pay from money received.

    Compare: SR 1958/162 r 47

99 Amendment of names of land owners in court records and titles
  • An order under section 87 of the Act may be made ex parte and without prior notification of the proceedings by way of Panui.

Part 8
Administration of estates

100 Search for beneficial interests in Maori freehold land
  • (1) Where the Registrar receives, in relation to any deceased person, an application in form 14, the Registrar—

    • (a) shall search all relevant records of the court; and

    • (b) shall complete a schedule listing all beneficial interests in Maori freehold land that are known to have been owned by that person at the date of his or her death.

    (2) The schedule prepared under subclause (1) shall be known as a Part 4 Search.

    (3) The Part 4 Search shall be in form 15.

101 Transmission of Maori land to administrator
  • (1) Every application to the court under section 112 of the Act for an order vesting in the administrator of an estate any beneficial interest in Maori freehold land belonging to that estate shall be accompanied—

    • (a) by a certificate of administration; or

    • (b) the original grant of probate or letters of administration and a copy thereof for noting by the Registrar.

    (2) Unless an administrator, upon filing an application under section 112 of the Act, files, in addition, an application under section 113 or section 117 of the Act, the court may forthwith proceed ex parte to make an order vesting in the administrator any beneficial interest in Maori freehold land belonging to the estate.

102 Application to determine beneficial entitlement
  • (1) Every application to the court under section 113 of the Act may be filed alone or as part of an application under section 117 or section 118 of the Act for a vesting order.

    (2) Where an application under section 113 of the Act is made by the administrator of the estate to which the application relates, that administrator may file in court a certificate certifying that the person or persons named in the certificate are entitled to succeed to the interest or interests to which the application relates or may elect to leave the matter for determination by the court.

    (3) An application under section 113 of the Act shall be supported by a Part 4 Search in form 15 and the particulars set out in form 16.

    (4) The Registrar shall, upon the filing of an application under section 113 of the Act,—

    • (a) place the Part 4 Search on the application file; and

    • (b) prepare a summary of evidence, which summary shall be based on the Part 4 Search and the records of the court and shall include a list of the persons who were legally entitled to succeed; and

    • (c) place before the court the summary of evidence prepared under paragraph (b); and

    • (d) serve on the applicant, or the solicitor for the applicant, a copy of the summary of evidence prepared under paragraph (b).

    (5) The Registrar may, if he or she thinks fit, arrange a pre-hearing conference between the applicant and a Court Titles or Trust officer to verify the particulars contained in the summary of evidence.

    (6) Where a pre-hearing conference is arranged under subclause (5),—

    • (a) the Court Titles or Trust officer shall, at that conference, explain to the applicant—

      • (i) the provisions of section 119 of the Act (which sets out powers of the court in relation to putea trusts and whanau trusts); and

      • (ii) any other matters that would assist the applicant to understand the options available to the applicant or any other person interested in the application; and

    • (b) when any pre-hearing conference so arranged has concluded, the Registrar may either—

      • (i) set the application down for hearing; or

      • (ii) first give the applicant time to confer with other family members or other owners concerning the formation of any trust or arrangement of land or provision for whangai so that when the application is heard the applicant will be fully informed in relation to the application under section 113 of the Act and to any application under section 117 or section 118 of the Act that is filed with the application under section 113 of the Act.

103 Registration of succession orders
  • (1) Where the court makes an order vesting in any person or persons beneficial interests in more than 1 piece of Maori freehold land and any person desires to register that order against only one of those pieces of land, the Registrar may, in issuing the duplicate order under rule 60(2), include only the description of the piece of land against which the duplicate order is to be registered.

    (2) Notwithstanding subclause (1), the original order shall be noted as required in rule 66(2).

    (3) A procedure similar to that prescribed by subclauses (1) and (2) may be followed by the Registrar in relation to the issue of further duplicate orders.

104 Interests in General land of deceased Maori
  • (1) Every application to the court under section 111 of the Act in respect of any freehold interest in General land shall be accompanied by a current search copy of the certificate of title issued under the Land Transfer Act 1952 in respect of the piece of land to which the application relates.

    (2) The applicant may file in court in support of the application a certificate certifying that the person named in the certificate is entitled to succeed to the freehold interest in General land to which the application relates or may adduce evidence at the hearing as to the person entitled to succeed to that interest.

    (3) If the deceased person died intestate, the applicant shall, for the purpose of assisting the court to determine the person entitled to succeed to the interest on the intestacy of the deceased person, file in court a statement—

    • (a) setting out the assets and liabilities of the deceased person; and

    • (b) giving particulars of any distributions made by the administrator.

    (4) An application under this section may be dealt with ex parte or in such manner as the court may direct.

105 Power of court to make special provision relating to income
  • Every application to the court under section 116 of the Act for special income provision, other than an application under section 116 of the Act that arises during the hearing of an application under section 117 or section 118 of the Act, shall be accompanied by an affidavit or declaration setting out the circumstances upon which the applicant relies in support of the application under section 116 of the Act.

106 Special provisions relating to succession to shares in Maori incorporations
  • (1) Every application to the court under section 121(2) of the Act for a determination under section 113 of the Act shall be accompanied—

    • (a) by the same documents and particulars as are required by rule 102 to accompany an application under section 113 of the Act; and

    • (b) by a certificate, given by the secretary of the Maori incorporation, certifying that the Maori incorporation has not, under section 121(1) of the Act, given a direction specifying the persons who are legally entitled to succeed to the shares to which the application relates.

    (2) A copy of any determination made by the court under sections 113 and 121(2) of the Act shall be deposited by the Registrar with the secretary of the Maori incorporation.

    (3) Every appeal made to the court under section 121(3) of the Act against any decision of a Maori incorporation shall be dealt with by the court in the same manner as if the appeal were an appeal against a determination made on an application under sections 113 and 118 of the Act.

107 Procedure in respect of cases excluded from Part 4 of Act
  • Nothing in these rules affects the procedure that, by virtue of section 100(2) of the Act, applies in relation to cases excluded by that section from Part 4 of the Act.

Part 9
Status of land

108 Customary land
  • (1) Where Maori customary land that is the subject of an application under section 132 of the Act to investigate the title to that land has been surveyed, the court shall not proceed with that application until the court has before it a plan of the survey.

    (2) Where Maori customary land that is the subject of an application under section 132 of the Act to investigate the title to that land has not been surveyed, the court may proceed with the application upon any map or sketch plan approved by the Chief Surveyor and accepted by the court as sufficient.

    (3) The court may at any stage of the proceedings require that all claims for inclusion in the title, whether by the applicant or by any other person, shall be made in writing to the court within a time to be fixed by the court, after which time no further claims for inclusion will be admitted except by leave of the court and upon such terms as the court determines.

    (4) The court may require at any time that each applicant shall lodge with the court a statement in writing setting out particulars of the following matters:

    • (a) the boundaries of the portion of the land which the applicant claims; and

    • (b) the material grounds of the claim; and

    • (c) the whakapapa or genealogical table showing descent from the ancestor through whom title is claimed down to and including all persons admitted by the applicant as being entitled with the applicant; and

    • (d) a separate list of all the persons whom the applicant claims are entitled to be included in the title with the applicant; and

    • (e) the names and the approximate location of cultivations, pa, burial places, with the names of relatives of the applicant and persons included in the claim who have been buried there, and any other places or marks of historical interest; and

    • (f) any other proof or signs of the occupation of or connection with the land by the applicant and other persons included in the applicant's claim.

    (5) Every list of names submitted by the applicant for inclusion in the title shall be read and published in open court, and objections to that list shall be called for by the court.

    (6) When calling for objections pursuant to subclause (5), the court shall specify the time within which objections must be lodged.

    (7) If any objections are lodged within the time so specified, the court shall give the objectors an opportunity to be heard in support of their objections.

    (8) If—

    • (a) no objections are lodged within the time so specified; or

    • (b) the court, after giving the objectors an opportunity to be heard, decides not to accept the objections,—

    the court shall declare the list to be passed as to names of persons entitled to be admitted to the title.

    (9) If, after hearing the parties upon any objection, the court is of the opinion that the whole or any of the names in any such list should be rejected, or that other persons have established their right to be included in the list, the court shall either reject the list or pass it with such amendments as shall appear necessary.

    (10) Every list of names settled by the court shall have noted on it a minute showing by whom it was handed in, and the date upon which it was settled by the court.

    (11) The minute shall be signed by the Judge.

    (12) After the minute has been signed by the Judge, the list may be altered only in open court and, where the list is so altered, the alteration shall be initialled by the Judge.

    (13) Unless the parties agree among themselves as to the relative interests of the several persons found by the court to be the owners, the court shall proceed to determine the relative interests.

    Compare: SR 1958/162 r 80(2)–(8)

109 Change from General land to Maori freehold land by status order
  • Every application for a status order under section 133 of the Act shall be accompanied by an up-to-date search of the title to the land under the Land Transfer Act 1952, which search shall include particulars of any titles issued for undivided shares.

Part 10
Alienation of Maori land

110 Applications for confirmation of instruments of alienation
  • Every person who makes an application to the court for confirmation of an alienation of any interest in Maori freehold land under section 151 of the Act—

    • (a) shall satisfy the court as to the matters set out in section 152(1) of the Act; and

    • (b) shall state in the application whether or not the prospective purchaser, donee, or lessee belongs to 1 or more of the preferred classes of alienee (as defined in section 4 of the Act); and

    • (c) shall file in court with the application—

      • (ii) where the land is comprised in a certificate of title under the Land Transfer Act 1952, an up-to-date search of the title to the land; and

      • (iii) the schedule of ownership information and the schedule of title information from the records of the court in respect of the land affected by the application; and

      • (iv) a declaration by the alienors that the alienation is not in breach of any trust to which the land is subject; and

      • (v) the original instrument of alienation (which shall be duly executed, dated, and attested as required by rule 113) together with 2 copies thereof, one for use by the Māori Trustee or court appointed agent (where, under section 159 of the Act, the proceeds derived from the alienation are payable to the Māori Trustee or the court appointed agent) and the other for retention by the Registrar as part of the permanent record of the court.

    Rule 110(c)(v): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

111 Requirement for special valuation
  • (1) Unless application is made to the court for exemption from the requirements of section 158 of the Act, the applicant for confirmation of an alienation of any interest in Maori freehold land shall, forthwith after making the application for confirmation, arrange for a registered valuer to make a valuation of the land or interests in the land to which the application for confirmation relates.

    (2) The valuation in respect of proposed leases shall include a fair market rental having regard to the use proposed.

    Rule 111(1): amended, on 1 July 1998, by section 54(2) of the Rating Valuations Act 1998 (1998 No 69).

112 Provision for preferred classes of alienee
  • (1) Where any application to which section 152(1)(f) of the Act relates is filed in the court, that application shall be referred to a Judge for directions as to the hearing date and for directions to the applicant on procedures to be taken and notice to be given by the applicant to the preferred classes of alienee (as set out in section 4 of the Act).

    (2) For the purpose of determining whether there are any prospective purchasers, donees, or lessees within the preferred classes of alienee, the alienating owners or the proposed alienee—

    • (a) shall insert at least twice, at intervals of not less than 7 days, a public notice in form 20 in a newspaper circulating in the district in which the land is situated; and

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

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

    (3) Any person who belongs to 1 or more of the preferred classes of alienee, and who desires to be considered by the alienating owners as a prospective purchaser, donee, or lessee must file in the court, within the time fixed by the public notice, a written notice of that person's intention to make an offer to the owners at the hearing of the application.

    (4) Notwithstanding the provisions of subclause (3), the court may in its discretion extend, until a date not later than the date of the first hearing, the time within which a person who belongs to 1 or more of the preferred classes of alienee may make an offer to the owners.

    (5) The court may, at the hearing of the confirmation application, 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.

113 Execution and attestation of instruments
  • (1) Every instrument of alienation of any interest in Maori freehold land shall be executed by the parties to be bound by it.

    (2) The date of execution of any instrument of alienation of, or interest in, Maori freehold land shall be stated in the instrument.

    (3) Where such an instrument is executed on different dates by several alienors,—

    • (a) the date of execution by each alienor shall be stated in the instrument; and

    • (b) for the purposes of section 151(2)(a) of the Act, the date on which the instrument was executed by the alienor shall be the date on which the instrument was first signed by an alienor.

    (4) Where such an instrument is executed in New Zealand, the signature of each alienor shall be attested by—

    • (a) a notary public; or

    • (b) a solicitor of the High Court; or

    • (c) a Justice of the Peace; or

    • (d) an employee of New Zealand Post Limited; or

    • (e) a Registrar or Deputy Registrar of the High Court or of the District Court or of the Maori Land Court; or

    • (f) a registered medical practitioner.

    (5) The attesting witness shall, in addition to his or her signature, set down the capacity in which the witness attests the document and shall also set out the witness's residential address.

    (6) Where such an instrument is executed outside New Zealand, the signature of each alienor shall be attested by or before—

    • (a) a notary public; or

    • (b) a Commissioner of Oaths; or

    • (c) a Commonwealth Representative; or

    • (d) a solicitor of the High Court of New Zealand.

114 Instruments to be produced to Registrar
  • (1) A certificate of confirmation under section 155(1)(a) of the Act shall be in form 21.

    (2) On production to the Registrar of any instrument of alienation to which section 160 of the Act applies, the Registrar shall, subject to the provisions of that section, issue and seal in respect of that instrument a certificate of confirmation in form 22.

    (3) On production to the Registrar, under section 160 of the Act, of the original instrument of alienation, the applicant shall file 2 copies of that instrument as required by rule 110(c)(v).

    (4) Every instrument of alienation to which section 160 of the Act applies shall be accompanied by a declaration by the alienors that the alienation is not in breach of any trust to which the land is subject.

    Rule 114(1): amended, on 10 September 1998, by rule 5 of the Maori Land Court Amendment Rules 1998 (SR 1998/227).

115 Transfer by vesting order
  • (1) An application for a vesting order under section 164 of the Act—

    • (a) shall state the relationship of the parties; and

    • (b) shall be accompanied by whakapapa or other documentary evidence necessary to establish that the transferee belongs to 1 or more of the preferred classes of alienee (as defined in section 4 of the Act).

    (2) Where the application for a vesting order is made by a party to a contract or arrangement relating to the proposed transfer, the applicant shall file with the application an agreement in writing between the parties in form 23, which agreement shall be executed and attested in the manner required by rule 113.

    (3) Unless otherwise directed by the court, the applicant shall furnish—

    • (a) in relation to the land or interest in land in respect of which the application for a vesting order is being made,—

      • (i) a certified copy of the entry in the district valuation roll; or

      • (ii) a valuation by a registered public valuer; and

    • (b) a valuation of all or any other assets attaching to the land or interest in land.

    (4) Where any money is payable by way of consideration for a proposed transfer, a certificate under the hand of—

    • (a) the Māori Trustee; or

    • (b) the court appointed agent; or

    • (c) a trustee appointed under the Act and authorised to so certify; or

    • (d) the alienor—

    that the money has been paid may be accepted as evidence sufficient for the purpose of section 164(5) of the Act.

    (5) Where a vesting order is sought to effect a gift of any land or interest in land having a value in excess of $2,000, evidence in support of the application from the alienor, if not given in person, shall be by way of affidavit or declaration or evidence taken by a Registrar acting pursuant to rule 51.

    Compare: SR 1958/162 r 93(2)–(6); SR 1971/78 r 2(1); SR 1977/140 r 14

    Rule 115(4)(a): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Part 11
Assembled owners

116 Application to call meeting of assembled owners
  • (1) Every application under section 173 of the Act for the calling of a meeting of assembled owners shall be in form 24.

    (2) Where the applicant intends to submit a resolution for the alienation of the land or any part of it, the applicant shall, in addition to the requirements of section 173 of the Act, file—

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

    • (b) 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; and

    • (c) where the land proposed to be alienated is comprised in a certificate of title under the Land Transfer Act 1952, an up-to-date search of the title to the land.

    (3) Unless application is made to the court for an exemption from the requirements of section 158 of the Act, the applicant making the application for the calling of a meeting of assembled owners shall, forthwith after making that application, arrange for a registered valuer to make a valuation of the land proposed to be alienated.

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

    (5) In all cases where a special valuation is required, the notice calling the meeting of assembled owners shall not be issued by the court until that valuation has been received by the Registrar.

    (6) If the proposed resolution is for the alienation of the land or any part of it, the application for the calling of a meeting of assembled owners 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).

    Compare: SR 1958/162 r 103; SR 1971/78 r 3; SR 1977/140 r 14

    Rule 116(3): amended, on 1 July 1998, by section 54(2) of the Rating Valuations Act 1998 (1998 No 69).

117 Direction to summon meeting and notice to preferred classes of alienee
  • (1) Where an application is filed under section 173 of the Act, the Registrar shall refer that application to the court.

    (2) The court shall then consider the application and if it is satisfied, without calling upon the applicant or the owners to appear, that the meeting should be called, it shall direct accordingly. If the court is not so satisfied, the court shall give the applicant or the owners the opportunity to be heard before determining the matter.

    (3) Where the proposed 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, upon being given by the Registrar notice of the time and place of the meeting of assembled owners,—

    • (a) insert at least twice, at intervals of not less than 7 days, a public notice in form 20 (as modified by subclause (4)) 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.

    (4) 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 meeting of assembled owners and make an offer for that land and the notice in form 20 shall, for all purposes of subclause (3), be modified accordingly.

    (5) Where a meeting of assembled owners has been called to consider a proposed resolution for the alienation of the land or any part of it, any person who belongs to 1 or more of the preferred classes of alienee and who wishes to make an offer for the land proposed to be alienated shall make that offer at the meeting of assembled owners.

    (6) The court may direct—

    • (a) that any report or document which it considers relevant to owners' interests—

      • (i) be despatched with the notice summoning the meeting of assembled owners; or

      • (ii) be produced and read at the meeting of assembled owners; or

    • (b) that an explanatory statement given by the court be brought to the owners' attention.

118 Notice of and procedure at meeting of assembled owners
  • The notice to be given for any meeting of assembled owners, the provisions for proxies, the procedure and conduct of the meeting, and the powers and duties of recording officers shall be in accordance with the regulations made pursuant to section 179 of the Act.

119 Application for confirmation of resolution passed by assembled owners
  • (1) Where an application is made under section 175 of the Act for the confirmation of a resolution passed by the assembled owners in accordance with Part 9 of the Act, the applicant—

    • (a) shall be required to satisfy the court as to the matters set out in section 152(1) of the Act; and

    (2) Where an application under section 175 of the Act is for the confirmation of a resolution relating to a proposal under section 172(c) of the Act, the Registrar shall not set the application down for hearing unless and until the consent in writing of the person proposed to be appointed or reappointed is lodged with the Registrar.

    (3) Where the resolution in respect of which confirmation is sought under section 175 of the Act is a resolution in respect of which there is a memorial of dissent, the applicant shall be required to satisfy the court that the dissentient has been given reasonable notice of the time and place at which the applicant under section 175 of the Act is proposed to be heard by the court. The court may decline to proceed with the confirmation of any such resolution if it is not so satisfied.

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).

121 Contents of minutes of informal family gathering or statement of pertinent issues
  • (1) The minutes of any informal family gathering or the statement of pertinent issues shall contain—

    • (a) a list of the owners present at the gathering:

    • (b) every proposal put to the gathering:

    • (c) information as to the manner in which voting was conducted:

    • (d) the result of the vote on any resolution:

    • (e) a list of all owners present who voted for or against any resolution.

    (2) The minutes or statement of pertinent issues, as the case may be, shall be signed by the person who acted as the chairperson at the gathering and countersigned by at least 1 other person present at the gathering.

    (3) The court may dispense with strict compliance with subclause (1) or subclause (2) if it is satisfied that the meeting was conducted fairly.

    (4) In the case of a resolution passed by a majority, the applicant shall be required to satisfy the court that those owners who voted against the resolution have been given reasonable notice of the time and place at which the application for confirmation is proposed to be heard by the court. The court may decline to proceed with confirmation of any such resolution if it is not so satisfied.

Part 12
Representation of owners of Maori land

122 Contents and service of notice
  • (1) Every notice served on the Registrar under section 181(3) of the Act—

    • (a) shall comply with the Act, by-law, or other enactment under which the notice is given; and

    • (b) shall show the Act, by-law, or other enactment under which the notice is required to be given to the owners of the Maori land to which that notice relates; and

    • (c) shall show the piece or pieces of Maori land to which the notice relates; and

    • (d) shall be addressed either to the owners of the pieces of Maori land to which the notice relates or to the Registrar of the Maori Land Court for the district in which the land is situated; and

    • (e) shall be served on the Registrar by personal service or by post.

    (2) The Registrar shall, on receiving a notice under section 181 of the Act, refer that notice to the court so that the court may, if it thinks fit, require the person by whom the notice was given to deposit a sum of money as security for costs before the matter proceeds further.

123 Notice in respect of Maori land beneficially owned by not more than 10 persons
  • Every application to the court for a certificate under section 183(2) of the Act or to the Registrar for a certificate under section 181(2) of the Act—

    • (a) shall set out the grounds on which the application is made; and

    • (b) shall be accompanied by evidence establishing those grounds.

124 Notice to be dealt with as application to the court
  • A notice served on the Registrar pursuant to section 181 of the Act—

    • (a) shall be dealt with as if it were an application filed in court; and

    • (b) may be dealt with ex parte and without advertisement in the Panui.

125 Consent of agent required
  • The consent of a person to be appointed as an agent under Part 10 of the Act shall be obtained before that person is appointed as such an agent.

Part 13
Trusts

126 Application to constitute putea trust
  • Every application under section 212 of the Act for the constitution of a putea trust—

    • (b) shall include—

      • (i) a schedule of the interests in land or shares in a Maori incorporation in respect of which the trust is to be constituted:

      • (ii) the names of the persons or body of persons to be appointed as trustees of the putea trust and particulars of the manner in which they have been selected:

      • (iii) a statement of the purposes for which, in accordance with section 212(6) of the Act, the land, money, and other assets of the proposed putea trust are to be held; and

    • (c) shall be accompanied by—

      • (i) evidence that the persons or body of persons who have been selected to act as trustees of the putea trust have consented to act as such trustees:

      • (ii) where the interests or shares in respect of which the trust is to be constituted include interests or shares of any person whose whereabouts are unknown, a statement setting out the searches or inquiries conducted to locate that person:

      • (iii) where all persons beneficially entitled to the interests or shares agree to the constitution of the trust, the written agreement of those persons:

      • (iv) where the application is made by or on behalf of the trustees of the land or a Maori incorporation, a statement by the applicant setting out both the steps taken by the applicant to inform the beneficial owners of the interests of the intention to make the application and the opportunity given to the beneficial owners to consider the matter.

127 Application to constitute whanau trust
  • Every application under section 214 of the Act for the constitution of a whanau trust—

    • (a) shall include—

      • (i) details of the interests in or shares in a Maori incorporation in respect of which the trust is to be constituted:

      • (ii) details of any other assets to be vested in the trustees:

      • (iii) where the trustees are to be empowered, under section 214(4) of the Act, to apply part of the trust income in accordance with section 218 of the Act, details of the beneficiaries of the trust:

      • (iv) the names of the persons or body of persons to be appointed as trustees of the whanau trust and particulars of the manner in which they have been selected; and

    • (b) shall be accompanied by—

      • (i) evidence that the persons or body of persons who have been selected to act as trustees of the whanau trust have consented to act as such trustees:

      • (ii) a schedule of the interests in land or shares in a Maori incorporation in respect of which the trust is to be constituted:

      • (iii) where the whole of any block or blocks of land are to be vested in the trustees of the whanau trust, a schedule of ownership information for each block showing the addresses of as many of those owners as can conveniently be obtained together with a schedule of title information for each block:

      • (iv) where the application is being made with the consent of the owner or all of the owners of the interests or shares to which the application relates, the consent of that owner or of all of those owners:

      • (v) where the application is being made by the administrator of an estate to give effect to a testamentary disposition, a certified copy of probate of the will of the deceased or, where probate has not been obtained, a certified copy of the will.

128 Application to constitute ahu whenua trust
  • Every application under section 215 of the Act for the constitution of an ahu whenua trust—

    • (a) shall include—

      • (i) a full and detailed description of the land in respect of which the trust is to be constituted:

      • (ii) the names of the persons or body of persons to be appointed as trustees of the ahu whenua trust and particulars of the manner in which they have been selected:

      • (iii) the grounds on which the application is made:

      • (iv) the purposes (if any) for which, in accordance with section 215(6) of the Act, the trustees should be empowered to apply the whole or part of any specified portion of the trust income; and

    • (b) shall be accompanied by—

      • (i) evidence that the persons or body of persons who have been selected to act as trustees of the ahu whenua trust have consented to act as such trustees:

      • (ii) a schedule of ownership information for the land in respect of which the trust is to be constituted:

      • (iii) a schedule of title information and, where appropriate, a copy of the certificates of title issued under the Land Transfer Act 1952 for the land in respect of which the trust is to be constituted:

      • (iv) particulars of the notice given to the owners of the applicant's intention to make the application:

      • (v) where the application is made pursuant to a resolution of the owners, a copy of the minutes of the meeting.

129 Application to constitute whenua topu trust
  • Every application under section 216 of the Act for the constitution of a whenua topu trust—

    • (a) shall include—

      • (i) particulars of the land in respect of which the trust is to be constituted:

      • (ii) the names of the persons or body of persons to be appointed as trustees of the whenua topu trust and particulars of the manner in which they have been selected:

      • (iii) the Maori community purposes for which, in accordance with section 216(5) of the Act, the land, money, and other assets of the proposed whenua topu trust are to be applied:

      • (iv) the persons (if any) for which, in accordance with section 216(7) of the Act, any specified interests vested in the trustees for the purposes of the trust are to be held:

      • (v) the grounds on which the application is made; and

    • (b) shall be accompanied by—

      • (i) evidence that the persons or body of persons to be appointed as trustees of the whenua topu trust have consented to act as such trustees:

      • (ii) a schedule of ownership information for the land in respect of which the trust is to be constituted:

      • (iii) a schedule of title information and, where appropriate, a copy of the certificates of title issued under the Land Transfer Act 1952 for the land in respect of which the trust is to be constituted:

      • (iv) particulars of the notice given to the owners of the applicant's intention to make the application:

      • (v) a copy of the minutes of any meeting at which a resolution to vest the land in trustees for the purposes of a whenua topu trust was carried.

130 Application to constitute kai tiaki trust
  • Every application under section 217 of the Act for the constitution of a kai tiaki trust—

    • (a) shall include—

      • (i) particulars of the property (being interests in land, shares, or personal property) in respect of which the trust is to be constituted:

      • (ii) particulars of the disability of the person beneficially entitled to the property and, where the disability is the minority of that person, the date of birth of that person:

      • (iii) the name of the persons or body of persons to be appointed as trustees of the kai tiaki trust and particulars of the manner in which they have been selected:

      • (iv) details of any particular powers that the trustee or trustees may seek to exercise in respect of the trust property:

    • (b) shall be accompanied by evidence that the persons or body of persons who have been selected to act as trustees of the kai tiaki trust have consented to act as such trustees.

131 Remuneration of advisory trustees
  • Every application to the court under section 224(1)(h)(iii) of the Act for an order determining the remuneration or commission payable to advisory trustees shall be accompanied by a copy of the latest financial accounts of the trust or such other evidence as may be necessary to determine whether the trust has proper means with which to pay the proposed remuneration.

132 Payment of money held in trust
  • An application under section 242 of the Act for an order for the payment of money held in trust may be dealt with ex parte.

133 Declaration of charitable trust
  • Every application for an order under section 245 of the Act shall be accompanied by—

    • (a) the minutes of the general meeting of the beneficiaries of the trust at which the resolution approving the proposal to apply for the order was carried:

    • (b) details of the persons attending the meeting and of the voting at the meeting:

    • (c) a copy of the notice calling the meeting and details of the method of service and the date of service of that notice.

Part 14
Maori incorporations

134 Application for order of incorporation
  • (1) Every application for an order under section 247 of the Act incorporating the owners of 1 or more areas of Maori freehold land shall be accompanied by—

    • (a) a schedule setting out a full description of the land in respect of which the order is to be made:

    • (b) a valuation of each of the areas of land in respect of which the order is to be made, which valuation shall be that fixed, for the purpose of the application, by the owners of each area:

    • (c) a schedule of ownership information listing the full names and addresses of the persons who, under section 248(2) of the Act, are to be the initial shareholders in the incorporation, together with the further information required for the purposes of section 248(3) of the Act:

    • (d) where any of the land in respect of which the order is to be made is comprised in a certificate of title under the Land Transfer Act 1952, an up-to-date search of the title to that land:

    • (e) details of any assets (other than land) that are to be vested in the incorporation, together with an up-to-date valuation of those assets by a properly qualified valuer:

    • (f) particulars of any improvements on the land that are to be vested in the incorporation and their value, if applicable:

    • (g) where the application is made under section 247(2)(b) of the Act, a schedule listing the full names of the owners who consent to the making of the order, together with their signatures and a statement of the shares that each of those owners holds in each area of land.

    (2) The signature of every shareholder who signs the schedule required by subclause (1)(g) shall be attested in the same manner as an instrument of alienation to which rule 113 applies.

    Compare: SR 1958/162 r 101(1), (2)

135 Inclusion in incorporation of owners of additional Maori land
  • Every application to the court for an amending order under section 251 of the Act—

    • (a) shall, in respect of the land to be vested in the incorporation by the amending order, comply with the requirements of rule 134; and

    • (b) shall be accompanied by an up-to-date certificate from a share valuer setting out the equity value of the incorporation.

    Compare: SR 1958/162 r 101(7)

136 Amalgamation of incorporations
  • Every application to the court for an order under section 252 of the Act amalgamating 2 or more Maori incorporations shall be accompanied by—

    • (a) a consent in writing under seal from each of the incorporations to their amalgamation under section 252 of the Act; and

    • (b) an up to-date certificate from a share valuer setting out the equity value of each incorporation.

    Compare: SR 1958/162 r 101(6)

137 Removal from office of member of committee of management
  • Every application to the court under section 269(4) of the Act for the removal from office of a member of committee of management shall set out full particulars of the grounds on which the application is made.

138 Power of court to require officers to attend to explain non-compliance with statutory requirements
  • (1) Where, pursuant to section 281 of the Act, the court requires any officer of a Maori incorporation to attend before the court and to explain any act or omission which has been brought to the notice of the court, the Registrar shall, when so directed by the court, issue a witness summons to that officer in the manner provided by rule 53.

    (2) Every witness summons issued under subclause (1)—

    • (a) shall be served on the officer either personally or by post; and

    • (b) shall be accompanied by a written statement under the hand of the Registrar setting out the act or omission in respect of which an explanation is required.

139 Winding up of incorporation
  • (1) Every application for an order under section 282 of the Act for the winding up of a Maori incorporation shall be in form 25.

    (2) Every order under section 282 of the Act for the winding up of a Maori incorporation shall be in form 26 and shall be made upon such notice, if any, to the parties as the court thinks fit.

    (3) Every order under section 283(3) of the Act vesting in the persons beneficially entitled any or all of the land vested in a Maori incorporation shall be in form 27 and shall be made upon such notice, if any, to the parties as the court thinks fit.

    (4) Every order under section 282(5)(b) of the Act dissolving a Maori incorporation shall be in form 28 and shall be made upon such notice, if any, to the parties as the court thinks fit.

    (5) Every order made pursuant to an order for the winding up of a Maori incorporation shall be made upon such notice, if any, to the parties as the court thinks fit.

    Compare: SR 1958/162 r 102

Part 15
Title reconstruction and improvement

Partition

140 Application for partition order
  • (1) Every application for a partition order under section 289 or section 298 of the Act shall state the reason why the partition is sought.

    (2) The application shall be accompanied by—

    • (a) a schedule of ownership information listing the names and addresses of the owners of the Maori freehold land in respect of which the partition order is sought:

    • (b) a schedule of title information, which information shall include a plan of the land in respect of which the partition order is sought:

    • (c) where the land in respect of which the partition order is sought is comprised in a certificate of title issued under the Land Transfer Act 1952, an up-to-date search of the title to that land:

    • (d) a valuation of the land in respect of which the partition is sought, which valuation shall be either—

      • (i) a certified copy of the entry in the district valuation roll; or

      • (ii) a valuation by a registered public valuer:

    • (e) a full list of any improvements that the applicant has effected on the land in respect of which the partition order is sought:

    • (f) a sketch plan or diagram showing, in sufficient detail to satisfy the court,—

      • (i) the area or size of the portion to be partitioned out; and

      • (ii) the position or locality of the partition relative to the whole block; and

      • (iii) any river, lake, or seashore boundaries of the whole block.

    (3) The court may refuse to proceed with any partition until the survey of any former partition has been completed and a plan thereof furnished to the court.

    Compare: SR 1958/162 r 82(2), (3), (6); SR 1977/140 r 11

141 Directions
  • Where an application for a partition order under section 289 or section 298 of the Act is filed in the court, that application shall be referred to a Judge forthwith for directions as to notice and other matters including the fixing of a preliminary hearing date and any need to require a meeting of owners.

    Compare: SR 1958/162 r 82(4); SR 1977/140 r 11

142 Power of court to require meeting of owners
  • (1) Where an application for a partition order, amalgamation order, or aggregation order affects land that is not vested in a Maori incorporation and the owners support for the application is not evidenced—

    • (a) by minutes of a meeting of assembled owners; or

    • (b) by consents that satisfy the court, as required by section 288(2) of the Act, that there is a sufficient degree of support for the application among the owners,—

    the court may, under section 173 of the Act, call, or direct the Registrar to call, a meeting of owners to consider, and, where appropriate, pass a resolution concerning, the application.

    (2) Where, pursuant to subclause (1), a meeting of owners is called under section 173 of the Act, the notice summoning the meeting shall, unless the court otherwise directs,—

    • (a) include brief details of the application; and

    • (b) in the case of an application for a partition order, be accompanied by a copy of the sketch plan or diagram that, under rule 140(2)(f), accompanied the partition order.

    (3) The court may direct that the meeting of owners shall be held immediately before the court's preliminary hearing or during any adjournment thereof.

    (4) The Judge may attend the meeting of owners.

143 Preliminary hearing
  • (1) Subject to the directions of the court, the Registrar shall give notice of the date, time, and place of the preliminary hearing to all owners whose addresses are known.

    (2) The court shall, at the preliminary hearing, consider the issues that arise, under sections 287 and 288 of the Act, in relation to the application.

    (3) The court shall, at the conclusion of the preliminary hearing, give its provisional decision in relation to the application.

144 Direction that plan be submitted to territorial authority
  • (1) Where the land is not to be partitioned into parcels to be held by owners who are members of the same hapu, the court may direct the applicant to prepare (if necessary) a preliminary plan and to submit that plan to the appropriate territorial authority for its approval under Part 10 of the Resource Management Act 1991.

    (2) Where the court gives a direction under subclause (1), the Registrar shall forward to the territorial authority—

    • (a) a copy of the minutes of the preliminary hearing; and

    • (b) a list of the names and addresses of any owners who may wish to be heard at any hearings held by the territorial authority.

    (3) When a subdivision consent in respect of the partition is granted by the territorial authority, the applicant shall file in court—

    • (a) a letter from the local authority stating that the subdivision consent has been granted; and

    • (b) the approved preliminary plan; and

    • (c) such valuation or valuations as the court may direct.

145 Partition order
  • (1) Where the land is not to be partitioned into parcels to be held by owners who are members of the same hapu and the letter and plan required by rule 144(3) are filed in court, the Registrar shall refer the file to a Judge, who shall either make a decision on the application or give such directions with regard to the application as the Judge thinks fit.

    (2) Where the land is to be partitioned into parcels to be held by owners who are members of the same hapu and no subdivision consent has been granted under the Resource Management Act 1991 in respect of the partition, the court shall include in the partition order the restriction required by section 304(2) of the Act, which restriction is that the land shall not be alienated under the Act otherwise than in accordance with section 304 of the Act.

146 Vesting of dwelling site
  • (1) Every application for an order under section 296 of the Act shall be in form 29.

    (2) Every order under section 296 of the Act shall be in form 30.

    (3) Where the vesting order sought is in respect of an undivided interest in Maori freehold land, the applicant shall file with the application a plan showing precisely the location and boundaries of the area to be used as a site for a dwelling.

    (4) The applicant shall, in accordance with the directions of the court, give notice of the application to the other owners of the land.

    Compare: SR 1958/162 r 112

Amalgamation and aggregation

147 Amalgamation orders
  • Every application for an amalgamation order under section 307 of the Act shall be accompanied by—

    • (a) a schedule of ownership information for each of the areas of land, which schedule shall set out, in accordance with the valuations supplied pursuant to paragraph (c), the values of the owners' shares in each of the areas:

    • (b) a schedule of title information for each of the areas of land:

    • (c) a valuation of each of the areas of land, which valuation shall be either—

      • (i) a certified copy of the entry in the district valuation roll; or

      • (ii) a valuation by a registered public valuer:

    • (d) particulars of any improvements which any owner has effected on the land and for which the owner could be recompensed or compensated, under section 293 of the Act, on any subsequent partition of the land:

    • (e) a statement setting out the relative interests of the several owners calculated by reference either to the relative values of the interests to which they were entitled under the titles to be cancelled or to such values as have been agreed upon by the several groups of owners as the basis for the amalgamation, which statement shall make due allowance for any improvements which any owner has effected on the land and for which the owner could be recompensed or compensated, under section 293 of the Act, on any subsequent partition of the land:

    • (f) a statement as to the manner in which it is proposed that any lease, licence, mortgage, or other encumbrance affecting any of the titles is to be apportioned or adjusted:

    • (g) the consent of every lessee, licensee, mortgagee, or other person entitled to the benefit of the encumbrance to the making of the order applied for and to the proposed method of apportionment or adjustment of that person's rights:

    • (h) a plan of the proposed amalgamation showing the areas and boundaries of all the lands affected by the application.

    Compare: SR 1958/162 r 109

148 Aggregation orders
  • Every application for an aggregation order under section 308 of the Act shall be accompanied by—

    • (a) a schedule of ownership information listing the names and addresses of the owners of the areas of land in respect of which the aggregation order is sought:

    • (b) a schedule of title information, which information shall include a plan of the land in respect of which the aggregation order is sought:

    • (c) where any area of land in respect of which the aggregation order is sought is comprised in a certificate of title issued under the Land Transfer Act 1952, an up-to-date search of the title to that land:

    • (d) a valuation of the land in respect of which the aggregation order is sought, which valuation shall be either—

      • (i) a certified copy of the entry in the district valuation roll; or

      • (ii) a valuation by a registered public valuer:

    • (e) a full list of any improvements that the applicant has effected on the land in respect of which the aggregation order is sought:

    • (f) a sketch plan or diagram showing, in sufficient detail to satisfy the court,—

      • (i) the area or size of the land in respect of which the aggregation order is sought; and

      • (ii) the position or locality of the land in respect of which the aggregation order is sought; and

      • (iii) any river, lake, or seashore boundaries of the land in respect of which the aggregation order is sought:

    • (g) where any area of land in respect of which the aggregation order is sought is subject to a mortgage or other encumbrance, the written consent of the mortgagee or person entitled to the benefit of the encumbrance.

Exchange orders

149 Exchange orders
  • (1) Every application for the making of an exchange order in accordance with sections 311 to 314 of the Act shall be accompanied by—

    • (a) an agreement in writing between the parties in form 23 (duly modified), which shall be executed and attested in the manner prescribed by rule 113:

    • (b) a schedule of ownership information listing the names and addresses of the owners of every piece of land and interest in land to which the application relates:

    • (c) a valuation of the land to which the application relates, which valuation shall be either—

      • (i) a certified copy of the entry in the district valuation roll; or

      • (ii) a valuation by a registered public valuer:

    • (d) where Crown land or any interest in Crown land is to be exchanged, a description of that Crown land or interest together with particulars of all encumbrances:

    • (e) where General land or any interest in General land is to be exchanged, a copy of the certificate of title issued under the Land Transfer Act 1952 in respect of that land:

    • (f) where any piece of the land to be exchanged is only part of the land comprised in a title, a plan defining the piece to be exchanged:

    • (g) where the consent to the exchange has been given by a resolution passed under Part 9 of the Act by the assembled owners, a copy of that resolution authenticated by the recording officer:

    • (h) a valuation of the parties respective interests in property other than land where that property is attached to land that is the subject of the exchange.

    (2) On the filing of an application to which subclause (1) applies, the Registrar shall refer that application to the court so that the court may, in relation to the exchange, give directions to the parties as to the action to be taken by them for the purpose of satisfying the court in relation to the matters specified in section 312 of the Act.

    (3) Every exchange order shall be drawn up in 2 parts, each one of such parts vesting 1 piece of land the subject of the exchange order.

    Compare: SR 1958/162 r 91

Easements and roadways

150 Easements
  • (1) Every application for the creation of an easement under section 315 of the Act—

    • (a) shall state clearly both the type of easement required and the reason why the easement is required; and

    • (b) shall be accompanied by—

      • (i) a plan showing the location and line of the proposed easement and the position of the piece of land that the easement is to cross (the servient tenement) and, where appropriate, the position of the piece of land that the easement is to serve (the dominant tenement):

      • (ii) all consents to the easement that are held by the applicant:

      • (iii) a schedule of ownership information in respect of all the pieces of land affected:

      • (iv) a schedule of title information in respect of all the pieces of land affected:

      • (v) an up-to-date search of the titles issued under the Land Transfer Act 1952 in respect of the pieces of land affected.

    (2) The Registrar shall, on the filing of an application to which subclause (1) applies, forthwith prepare a schedule of all the pieces of land affected, which schedule shall show the status of each such piece of land.

    Compare: SR 1958/162 r 44

151 Application for order to lay out roadway
  • (1) Every application for an order under section 316 of the Act laying out a roadway—

    • (a) shall describe the proposed roadway with such particularity as to enable the boundaries of the roadway to be determined; and

    • (b) shall, where the proposed roadway is not to be treated as if it were a public road—

      • (i) identify, for the purposes of section 318(2) of the Act, the persons or classes of persons who are to be entitled to use the roadway; and

      • (ii) specify, for the purposes of section 318(2) of the Act, the manner in which the rights of user of the persons or classes of persons entitled to use the road are to be defined or restricted.

    (2) The application shall be accompanied by—

    • (a) a plan of the proposed roadway, which plan shall—

      • (i) define the land over which it is proposed to lay out the roadway; and

      • (ii) define the proposed roadway in accordance with the description contained in the application; and

      • (iii) define all existing subdivisions affected by the proposed roadway, and, if any such subdivisions have not been surveyed, show the approximate boundaries of those subdivisions:

    • (b) where the proposed roadway is to be laid out over Maori land,—

      • (i) a schedule of ownership information for each block of land, showing, where practicable, the addresses of the owners; and

      • (ii) a schedule of title information for each block of land:

    • (c) where the proposed roadway is to be laid out over General land,—

      • (i) an up-to-date search of the titles issued under the Land Transfer Act 1952 in respect of that General land; and

      • (ii) the written consent of each owner of that General land.

152 Power of court to require meeting of owners to be called or notice of hearing to be given
  • (1) Where an application for an order under section 316 of the Act for the laying out of a roadway—

    • (a) is in respect of Maori freehold land; and

    • (b) the degree of support for the application by the owners of the Maori freehold land is not evidenced—

      • (i) by minutes of a meeting of assembled owners; or

      • (ii) by consents that satisfy the court, as required by section 317(1) of the Act, that there is a sufficient degree of support for the application among the owners,—

    the court may, under section 173 of the Act call, or direct the Registrar to call, a meeting of owners to consider, and, where appropriate, pass, a resolution concerning, the application, or may direct the applicant to notify each of the owners of the time, date, and place at which the application is to be heard by the court.

    (2) Where, pursuant to subclause (1), a meeting of owners is called under section 173 of the Act or the applicant notifies each of the owners of the time, date, and place at which the application will be heard by the court, the notice summoning the meeting or the notice given to the owners by the applicant, as the case may be, shall include brief details of the application, which brief details shall be sufficient to explain the purpose of the application to the owners.

    (3) The court may direct that the meeting of owners shall be held immediately before the court hearing or during any adjournment thereof.

    (4) The Judge may attend the meeting of owners.

153 Hearing
  • (1) Subject to the directions of the court, notice of the date, time, and place of the hearing shall be given to all owners whose addresses are known.

    (2) The court shall, at the hearing, consider the issues that arise under sections 316 to 319 of the Act in relation to the application.

    (3) If the court is satisfied that the requirements of section 317 of the Act have been met, the applicant will be required to produce to the court the consents required by that section.

    (4) The court may adjourn the hearing to allow the consents required by section 317 of the Act to be obtained.

    (5) Where the hearing is adjourned under subclause (4), the court shall, either at the resumed hearing or later, address the question of the compensation payable under section 319 of the Act together with questions of user and other matters relevant to the application.

154 Order to lay out roadway
  • Upon the pronouncement of the order, or before any such pronouncement, if the court so requires, the applicant shall submit a draft order for the approval of the court together with a plan of the roadway (in duplicate) to be attached to the order; and any such plan shall be of such a nature as, together with the description of the roadway contained in the order, to enable the order to be registered under the Land Transfer Act 1952.

    Compare: SR 1958/162 r 108

155 Application for order vesting closed road in adjoining owners
  • Every application for an order under section 325 of the Act vesting the whole or any portion of land comprised in a road or portion of a road that has been closed in the owner for the time being of any adjoining land shall be accompanied by an up-to-date search of the titles to the land that adjoins the land in respect of which the vesting order is proposed, which search shall show the persons who, at the date of the search, are the owners of that adjoining land.

Part 16
Occupation orders

156 Application for occupation order
  • (1) Every application for an occupation order under section 328 of the Act shall be in form 1.

    (2) Every occupation order under section 328 of the Act shall be in form 8 and shall contain such particulars as are required by regulations made under section 331 of the Act.

Part 17
Surveys of Maori land

157 Surveys
  • (1) Every requisition under section 332 of the Act for a survey of any Maori land—

    • (b) shall be accompanied by a certificate in form 32 for completion by the Chief Surveyor.

    (2) Every application for a charging order under section 333 of the Act shall be in form 33, and every such charging order shall be in form 34.

    (3) Every certificate signed under section 334(2) of the Act by the Chief Surveyor shall be in form 35.

    (4) Every order which is made under section 333(3) of the Act and which varies a former charging order shall be in form 36.

    (5) Every application for a charging order under section 336 of the Act shall be in form 33 and every such charging order shall be in form 37.

    Compare: SR 1958/162 r 107; SR 1977/140 r 15

Part 18
Jurisdiction under miscellaneous Acts

158 Charging order for rates
  • (1) Every application by which a territorial authority applies, under section 99 of the Local Government (Rating) Act 2002, for an order charging a rate against any Maori freehold land shall give full particulars of the rates in respect of which the charging order is sought, which particulars shall include—

    • (a) the rating information database number; and

    • (b) the year or years for which the rates were assessed; and

    • (c) the final date on which the rates became due; and

    • (d) the manner in which the amount claimed was calculated; and

    • (e) any other matters that are specified for the court to have regard to in section 100 of the Local Government (Rating) Act 2002.

    (2) The application shall be accompanied by an affidavit or declaration showing—

    • (a) where land is vested in a trustee, that all reasonable steps have been taken by the local authority to obtain payment of the rates from the trustee:

    • (b) where any person is liable for payment of the rates under section 96 of the Local Government (Rating) Act 2002, whether proceedings to recover judgment for the amount of the rates or an appropriate part thereof have been taken against that person in accordance with section 101 of that Act:

    • (c) the area or location of the land:

    • (d) the name of any person in actual occupation of the land or any part thereof (whether or not that person has any interest in the land), and the purpose for which that person used the land during the rating period:

    • (e) details of the value of the land as appearing in the latest district valuation roll made under the Rating Valuations Act 1998, and the date at which that value was determined:

    • (f) the names and addresses of the persons to whom rates assessments and rates invoices in respect of the land have been delivered at any time in the period in respect of which the rates were levied.

    (3) The Registrar shall attach to the file for the information of the court,—

    • (a) a schedule of ownership information; and

    • (b) a schedule of title information; and

    Compare: SR 1958/162 r 129(1)–(3)

    Rule 158(1): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Rule 158(1)(a): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Rule 158(1)(b): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Rule 158(1)(c): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Rule 158(1)(d): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Rule 158(1)(e): added, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Rule 158(2)(b): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Rule 158(2)(e): substituted, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Rule 158(2)(f): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

159 Power of court to require meeting of owners to be called or notice of hearing to be given
  • Where an application is made under section 99 of the Local Government (Rating) Act 2002 for an order charging a rate against any Maori freehold land, the court—

    • (a) may, under section 173 of the Act, call or direct the Registrar to call a meeting of the owners of the land to consider, and, where appropriate pass, a resolution concerning the application; or

    • (b) may direct the applicant to notify each of the owners of the land of the time, date, and place at which the application is to be heard by the court.

    Rule 159: amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

160 Hearing
  • At the hearing of an application, under section 99 of the Local Government (Rating) Act 2002, for an order charging a rate against Maori freehold land, the court may adjourn the hearing for the purpose of allowing the owners to consider the future use of the land and any other matters concerning recovery of rates and future rates.

    Rule 160: amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

161 Memorial of assignment by way of security over vested land or reserved land
  • (1) A memorial of assignment by way of security under section 4B of the Maori Vested Lands Administration Act 1954 or under section 10A of the Maori Reserved Land Act 1955 of an equitable and beneficial freehold interest in Maori vested land or Maori reserved land, shall be in form 38.

    (2) The fee payable for the registration of a memorial of assignment by way of security shall be the fee prescribed by the Maori Land Court Fees Regulations 1993 (SR 1993/175).

    Compare: SR 1958/162 r 130A; SR 1969/144 r 8

162 Claims under Fencing Act 1978
  • Upon any application to the court under section 26 of the Act for the exercise of the jurisdiction of the court under the Fencing Act 1978, the forms prescribed by that Act and any regulations made under that Act shall be used with such modifications as may be necessary.

    Compare: SR 1958/162 r 113

163 Proceedings under Protected Objects Act 1975
  • (1) All proceedings in relation to any application or other matter that is before the court under the Protected Objects Act 1975 shall be made and conducted in accordance with these rules.

    (2) Where an application under the Protected Objects Act 1975 is filed in the court, that application shall immediately be referred to a Judge for directions.

    Rule 163 heading: amended, on 1 November 2006, by section 34(2) of the Protected Objects Amendment Act 2006 (2006 No 37).

    Rule 163(1): amended, on 1 November 2006, by section 34(3) of the Protected Objects Amendment Act 2006 (2006 No 37).

    Rule 163(2): amended, on 1 November 2006, by section 34(4) of the Protected Objects Amendment Act 2006 (2006 No 37).

Part 19
Records of court

164 Record of proceedings of court
  • (1) The Judge, or one of the Judges if more than 1 is present, shall make or cause to be made a note of the proceedings of each application before the court.

    (2) The proceedings may be recorded in a Judge's note or minute book, or may be recorded by a stenographer or mechanical recorder.

    (3) As soon as practicable after the conclusion of the sitting at which the application is heard, the Registrar shall cause a typewritten transcript to be prepared from the recorded notes, and checked.

    (4) The typed and checked transcript shall be copied on to good quality paper and the original copy thereof shall be inserted by the Registrar in a binder and shall form part of the permanent record of the court as provided in this Part.

    (5) A second copy of the transcript on good quality paper shall be kept in a binder for the purposes of searching by the public and for further copying purposes if so required.

    (6) Every decision or order of the court shall be recorded by a proper minute on good quality paper and shall be inserted in the minute binder and shall become part of the Minute Book as defined in rule 165(a).

165 Permanent record of the court
  • The permanent record of the court shall include—

    • (a) books in which are bound the handwritten or typewritten record of the proceedings of the court, to be referred to as Minute Books:

    • (b) files on which are held the original of every application and all original material relevant to the hearing thereto, to be referred to as Application Files:

    • (c) the original of every order or recommendation issued by the court or a Registrar, to be referred to and known as Orders:

    • (d) any instrument of alienation, statement of account, or other plan or document or a copy thereof which, by any court order, statute, rule, or regulation, is required to be deposited in the court:

    • (e) any other record required to be kept or maintained under the Act:

    • (f) any other record, notice, or document that the court or a Registrar considers necessary to enable the court to function effectively as a court of record and to preserve the court's existing historical record of title and ownership.

166 Custody of permanent record of the court
  • The permanent record of the court shall be held in the safe custody of the Registrar of the district to which it relates, and shall leave such custody only with the prior consent of that Registrar or in accordance with a direction of the court.

167 Availability of permanent record of the court
  • (1) Subject to subclause (2), all documents forming part of the permanent record of the court shall be available for inspection and copying.

    (2) In the case of the Minute Books, copies of the originals of those books shall be kept and made available for inspection and copying.

    (3) A copy of any order may be supplied to any person upon request upon payment of the prescribed fee (if any). The copy shall have written across its face the words copy only.

    (4) A copy of any other document in the court may be supplied to any person upon payment of the prescribed fee (if any).

167A Plan of subdivision of Maori freehold land to be forwarded to Registrar
  • (1) Where the owner of any Maori freehold land lodges in the Land Registry Office a plan of a subdivision of that land or any part of that land, the owner must, as soon as practicable after lodging the plan, forward a copy of the plan to the Registrar for the Maori Land Court district in which the land is situated.

    (2) The copy of the plan is required for the purposes of sections 127 and 128 of the Act.

    (3) Where the Registrar receives a copy of a plan under subclause (1), the Registrar may, by an application in form 1, apply to the court for a consolidated order under section 128 of the Act.

    Rule 167A: inserted, on 10 September 1998, by rule 6 of the Maori Land Court Amendment Rules 1998 (SR 1998/227).

Part 20
Miscellaneous provision

168 Application to define relative interests
  • (1) Every application under section 345(2) of the Act—

    • (a) shall state the basis upon which the application is made; and

    • (b) shall include such particulars as are sufficient to ensure that the court and all parties affected by the application are fully and fairly informed of the grounds of the application.

    (2) Where a search note in accordance with rule 74(3) is required in relation to an application under section 345(2) of the Act, a copy of that search note shall be attached to the application.

    (3) Relative interests shall, in all cases where it can conveniently be done, be expressed in shares or decimal parts of a share, the whole interest in the Maori freehold land being for that purpose expressed by the number of shares awarded.

Part 21
Maori Appellate Court

169 Leave to appeal from provisional or preliminary determination
  • (1) An application for leave to appeal under section 59 of the Act may be made in open court or lodged with the Registrar or lodged with the clerk of the court at the sitting at which the provisional or preliminary determination was pronounced.

    (2) Any such application shall be made within 14 days after the date of the pronouncement of the determination.

    (3) The applicant shall forthwith serve notice of the application upon the parties affected or such of them as the court may direct.

    (4) It shall not be necessary for any such application to be advertised in the Panui.

    (5) The court may hear and dispose of the application at any time with such notice to parties as it thinks fit.

    (6) The application for leave to appeal shall be in form 39.

    (7) Leave to appeal may be granted subject to such terms as to costs as the court may think fit.

    (8) When leave to appeal has been granted, notice of appeal shall be filed within 2 months after the date of the minute of the provisional or preliminary determination appealed from or within any extended time allowed under rule 170(3), and all further proceedings shall be taken as in the case of an appeal from a final order.

    Compare: SR 1958/162 r 135

170 Notice of appeal
  • (1) Every notice of appeal—

    • (b) shall contain or have attached to it a statement setting forth the grounds of appeal.

    (2) The notice and statement—

    • (a) shall be signed by the appellant or by the appellant's solicitor; and

    • (b) subject to subclause (3), shall be lodged with the Registrar within 2 months after the date of the minute or determination appealed from, whichever is the later.

    (3) On an application made to it in form 1, the court may, if it thinks fit, grant an extension of the time specified in subclause (2) within which a notice of appeal shall be filed.

    (4) Every notice of appeal that is signed by the appellant personally shall be attested.

    (5) Except as provided in subclause (6), a separate notice of appeal shall be filed in respect of each final order appealed against.

    (6) Where several orders under any one of the provisions of Part 4 of the Act relating to succession have been made at the same time or at the same sitting of the court in respect of the interests of 1 deceased person in several blocks, and some or all of such orders have been made in favour of the same person or persons, appeals from any such orders made in favour of the same persons may be included in 1 notice of appeal and the whole shall be treated as 1 appeal.

    (7) After a notice of appeal has been filed all subsequent proceedings in the matter shall be deemed to be in the Maori Appellate Court.

    Compare: SR 1958/162 r 136(1)–(5); SR 1969/144 r 9

171 Notification to be given by Registrar
  • (1) Upon the filing of a notice of appeal, the Registrar shall, subject to subclause (2), forthwith give notice of the same to the parties affected by it.

    (2) Where it appears to the Registrar that there are several persons having the same interest, such as the members of one family, it shall be sufficient to give notice to such persons as the Registrar in his or her discretion thinks fit, as representatives of the persons affected.

    (3) Where a party has been represented in the lower court by a solicitor, notice shall also be given to that solicitor.

    (4) A copy of every notice issued by the Registrar in accordance with this rule shall be filed with the notice of appeal before the notice of appeal is transmitted to the Chief Judge in accordance with subclause (5).

    (5) After recording the notice of appeal and giving the notices as provided in subclause (1), the Registrar shall forward the notice of appeal to the Chief Judge.

    Compare: SR 1958/162 r 136(6)–(9); SR 1969/144 r 9

172 Preliminary matters
  • (1) On receipt of a notice of appeal, the Chief Judge must—

    • (a) appoint a presiding Judge and 2 or more other Judges to hear the appeal with the presiding Judge; and

    • (b) fix the time, date, and place for the hearing of the appeal; and

    • (c) give directions on the sum of money, if any, to be lodged with the Registrar by the appellant as security for costs, and the time within which any such sum must be lodged.

    (2) The presiding Judge must, in consultation with the Chief Judge, attend to all other interlocutory matters that arise before the hearing, including—

    • (a) setting the record of the case on appeal; and

    • (b) giving directions on any matters the presiding Judge may think fit including—

      • (i) the filing of any further particulars or the filing and exchange of any other written submissions required of the parties by the court:

      • (ii) requests for adjournment:

      • (iii) conferences of parties or intended parties under section 67 of the Act:

      • (iv) any request for leave to amend the grounds for appeal if that request is filed before the date fixed for the hearing of the appeal, and a copy of that request is served on all other parties to the appeal.

    (3) The Registrar must forthwith notify the appellant by letter of—

    • (a) the decision made by the Chief Judge with regard to the time, date and place for the hearing of the appeal; and

    • (b) any other decision or any directions given by the Chief Judge or the presiding Judge in accordance with subclause (1) or subclause (2).

    (4) The presiding Judge may, on application made by the appellant within the time fixed by the Chief Judge in accordance with subclause (1)(b), extend the time for lodging any security for costs, and may, if the presiding Judge thinks fit, reduce the amount of security for costs.

    (5) If a notice of appeal has been filed against any order or orders, the presiding Judge may reduce or remit the fee payable in respect of any notice of appeal that may be filed against any other order or orders made in the same proceeding on the same day as the first-mentioned order or orders.

    Rule 172: substituted, on 10 September 1998, by rule 7 of the Maori Land Court Amendment Rules 1998 (SR 1998/227).

173 Hearing
  • (1) Except with the leave of the Chief Judge or the presiding Judge, no appeal shall be heard until after the expiration of 2 months after the date of the order or determination appealed from.

    (2) On the hearing of the appeal no person other than the appellant or any person appearing on behalf of the appellant shall be entitled to be heard in support thereof or to put forward any claim contrary to the order or determination appealed from.

    (3) On the hearing of the appeal the parties shall, subject to subclauses (4) to (8), be restricted to the evidence adduced at the hearing upon which the order or determination appealed against was made.

    (4) The Maori Appellate Court may in its discretion allow such further evidence to be adduced as may in its opinion be necessary to come to a just decision upon the matters in issue.

    (5) Any party to the appeal seeking to adduce further evidence shall file with the Maori Appellate Court, before the date fixed for the hearing of the appeal, an application for the admission of further evidence.

    (6) The application shall be supported by an affidavit setting out the evidence sought to be adduced.

    (7) A copy of the application and supporting affidavit shall be served by the applicant on the other parties to the appeal.

    (8) The Maori Appellate Court may refer to any record or other document filed or held in the records of the court even though the record or document may not have been produced or referred to at the hearing in the Maori Land Court.

    (9) The evidence adduced at the hearing upon which the order or determination appealed from was made shall be proved by the records of the Maori Land Court, and no other evidence thereof, except by leave of the Maori Appellate Court, shall be admitted other than in accordance with subclauses (4) to (8).

    (10) The appellant shall not be entitled to put forward any ground of appeal other than those set out in the notices of appeal or the amended statement of grounds of appeal.

    (11) The powers conferred on the Maori Appellate Court by section 56 of the Act may be exercised notwithstanding that the notice of appeal requests that part only of the decision be reversed or varied, and may be exercised in favour of all of the respondents or parties although they may not have appealed from the decision or contended that it be varied.

174 Dismissal of appeal
  • (1) If the appellant—

    within the time specified by the court, the Registrar must refer the file to the presiding Judge.

    (2) The presiding Judge may, where the file is referred in accordance with subclause (1), upon such notice (if any) to the appellant as the presiding Judge directs,—

    • (a) extend, for a period not exceeding 14 days, the time within which the appellant is required to take the required action; or

    • (b) make an order dismissing the appeal.

    (3) On the making of an order dismissing the appeal, the appeal is deemed to have been finally disposed of.

    (4) If the appellant fails to prosecute the appeal at the time fixed for the hearing of the appeal, the Maori Appellate Court may dismiss the appeal with such order as to costs as it thinks fit, and that court may, in its discretion, allow the appeal to be reinstated at any time during the same sitting upon such terms as it thinks fit.

    (5) When an order is made under subclause (2) or subclause (4), the Registrar must give notice of the order to the persons to whom notice was given under subclause (1) or subclause (2) of rule 171.

    Rule 174: substituted, on 10 September 1998, by rule 8 of the Maori Land Court Amendment Rules 1998 (SR 1998/227).

175 Withdrawal of appeal
  • (1) The appellant may at any time before the hearing, by notice in writing to the Registrar, withdraw the appeal.

    (2) Upon the notice being given, the Maori Land Court or a Judge may, upon such notice to the persons affected by the appeal as it or the Judge thinks fit, make such order as the court or the Judge thinks fit—

    • (a) as to the payment of any costs relating to—

      • (i) the notice of appeal; or

      • (ii) any proceedings; or

      • (iii) any incidental matters (including the preparation of the record of the earlier proceedings); and

    • (b) as to the disposal of the sum lodged as security for costs.

    (3) The appellant may at the hearing withdraw the appeal in whole or in part and, upon any such withdrawal, the Maori Appellate Court may make such order it thinks fit as to costs.

    Compare: SR 1958/162 r 139; SR 1977/140 r 18

Part 22
Revocations and transitional provision

176 Revocations
  • The rules specified in Schedule 2 are hereby revoked.

177 Transitional provision
  • (1) Subject to the provisions of subclauses (2) and (3), it is hereby declared that the revocation of any provision by rule 176 shall not affect any document or thing whatsoever done under the provision so revoked or under any corresponding form of provision, and every such document or thing, so far as it is subsisting or in force at the time of the revocation and could have been made or done under these rules, shall continue to have effect as if it had been made or done under the corresponding provision of these rules and as if that provision had been in force when the document was made or the thing was done.

    (2) All proceedings in the Maori Land Court or the Maori Appellate Court commenced before and pending or in progress on the commencement of these rules may be continued, completed, and enforced under these rules, and accordingly these rules shall, so far as practicable, apply to those proceedings. In so far as it is not practicable for any provision of these rules to be applied to any such proceedings, the rules hereby revoked shall, to such extent as may be necessary, continue to apply to those proceedings.

    (3) If, in any proceedings to which subclause (2) applies, any question arises as to the application of any provision of these rules or of the rules hereby revoked, the court or the Registrar may, either on the application of any party to the proceedings or of its own motion, determine the question and make such order thereon as the court or the Registrar thinks fit.


Schedule 1
Maori Land Court and Maori Appellate Court forms

r 3(3)

Contents

1
General form of application

2
Undertaking by next friend of minor

3
Notice of intention to appear upon an application

4
Order of reference for inquiry and report

5
Summons to witness

6
Order for discovery of documents

7
Affidavit of documents

8
General form of order

9
Application claiming damages founded on tort or contract

10
Memorandum transmitting order by way of injunction to High Court for enforcement

11
Application to the Chief Judge

12
Case stated for the opinion of the High Court

13
Memorandum transmitting order to District Court

14
Application for a Part 4 search

15
Part 4 search

16
Particulars to be filed with application to determine beneficial entitlements to Maori freehold land

17
Declaration in support of application by individual for confirmation of alienation (where no other land held)

18
Declaration in support of application by individual for confirmation of alienation (where other land held)

19
Declaration in support of application by company for confirmation of alienation

20
Public notice of application for confirmation of alienation of Maori freehold land

21
Certificate of confirmation of Maori freehold land

22
Certificate of confirmation by Registrar of alienation of Maori freehold land

23
Agreement between the parties to vest an interest in Maori freehold land

24
Application to summon a meeting of assembled owners

25
Application for order winding up Maori incorporation

26
Order winding up Maori incorporation

27
Order vesting land of a Maori incorporation in the beneficial owners

28
Order dissolving Maori incorporation

29
Application to vest a dwelling site

30
Order vesting a dwelling site

31
Requisition for survey

32
Certificate of Chief Surveyor

33
Application for charging order for costs of survey

34
Charging order for costs of survey

35
Certificate of Chief Surveyor

36
Order varying former charging order

37
Charging order for contribution to cost of survey

38
Memorial of assignment of equitable and beneficial interest in Maori vested land (or Maori reserved land)

39
Application for leave to appeal

40
Notice of appeal

41
Notice of appeal from provisional or preliminary determination


Form 1
General form of application

r 12(2)

Section [number], Te Ture Whenua Maori Act 1993 (or other Act conferring jurisdiction)

Application for [specify]

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of [state name and block number of land, Maori incorporation, person, or other matter in respect of which the application is made]

Application is hereby made for an order (or recommendation) under section [number] of the [name and date of Act] that [state the precise nature of the order or recommendation sought].

Upon the grounds that [state the grounds, statutory or otherwise, and the relevant facts of the application, following the wording of the relevant Act].

Date:

Signature:

(Applicant/Statutory Delegate/Counsel for Applicant)


This application is made by [full name of applicant] of [full residential address], [occupation], whose postal address for service of notices, pleadings, and correspondence in respect of the application is [specify].

Form 2
Undertaking by next friend of minor

r 18(2)

Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of an application by [full name], a minor, in the name of [full name], as next friend, for [state nature of application]

I, [full name], of [address] being next friend of [full name], a minor who has not attained the age of 18 years, the applicant in the above-mentioned application, hereby undertake to be responsible for the costs of any other party to the proceedings under the application, in the manner following, namely,—

  •   If the said minor fails to pay to any such other party when and in such manner as the court orders, all such costs of such proceedings as the court orders the minor to pay to such other party, I will forthwith, after notice of such default, pay the same to the Registrar of the court.

and, in giving such undertaking, I hereby confirm that I am not under disability nor are my interests adverse to those of the minor.

Date:

Signature of next friend:


Signed by the above named, [full name], in the presence of:

Witness:

Occupation:

Address:


Form 3
Notice of intention to appear upon an application

r 36(2)

Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of an application by [full name] for [state nature of application]

I, [full name], claiming to be interested in or affected by the above-mentioned application hereby give notice that I intend to appear at the hearing in support of (or in opposition to) that application.

The grounds upon which I support (or oppose) the application are as follows:

Date:

Signature:

Address:


Form 4
Order of reference for inquiry and report

r 47(1)

Section 40, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the manner of an application to the court under section [number] of Te Ture Whenua Maori Act 1993

At a sitting of the Maori Land Court held at [place] on [date] before [name], Judge.

Pursuant to section 40 of Te Ture Whenua Maori Act 1993, it is hereby ordered that the proceedings, question, or matter specified below be referred to the Registrar of this court (or to the Registrar of this court and [name], of [address]) for inquiry and report.

(Proceedings or question or matter referred)

[Specify].

*This order is made with the consent of the parties to the proceedings.

*It is hereby directed that the inquiry be completed and the report filed not later than [date].

*It is further directed that the inquiry shall be conducted in such manner as the Registrar of this court (or the Registrar of this court and [name], of [address] think(s) fit or in the following manner [specify].

As witness the hand of the Judge and the seal of the court.

Signature:

(Judge)


* Delete if inapplicable

Form 5
Summons to witness

r 53(1)

Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of an application by [full name] for [state nature of application]

To [name]

You are hereby summoned to attend the Maori Land Court at [place] on [date] at [time] and from day to day until required, to give evidence in the above matter [if the production of documents is required, add], and you are hereby required then and there to have and to produce to the court [specify the documents required], and all other books, deeds, statements of account, papers, and writings relating to the said matter in your possession or under your control.

If you fail to obey this summons you will be liable to a fine not exceeding $300, if there was paid or tendered to you, at the time of the service of this summons or at some other reasonable time before the date on which you are required to appear before the court, your travelling allowances and expenses according to the prescribed scale.

This summons was issued on behalf of:

As witness the hand of the Registrar and the seal of the court this [date].

Signature:

((Deputy) Registrar)


Endorsement on summons

Affidavit of service

I, [name], of [address], do hereby swear that I served the within-named [name] with a summons, of which the copy of summons upon which this affidavit is endorsed is a true copy, by delivering the same to him (or her) personally at [place] on [date] at [time] and that at the same time I tendered to (or paid to) the said [name] the sum of $[amount] for his (or her) travelling allowances and expenses.

Sworn at [place, date].

Before me:

Signature:

(a Justice of the Peace/a solicitor of the High Court of New Zealand/a Registrar of the Maori Land Court)


  • Form 5: amended, on 10 September 1998, by rule 9 of the Maori Land Court Amendment Rules 1998 (SR 1998/227).

Form 6
Order for discovery of documents

r 54(3)

Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of an application to the court under section [number] of Te Ture Whenua Maori Act 1993

It is hereby ordered that the applicant (respondent, or as the case may be) do within 14 days after the day on which this order is served upon him (or her) answer by affidavit stating what documents are or have been in [specify] possession or power relating to the matters in question in these proceedings, and return such affidavit for filing, and deliver a copy thereof to the respondent (or as the case may be), and the costs of and incidental to this order be reserved.

Date:

Signature:

((Deputy) Registrar)

To: [name of person against whom order is issued]


Form 7
Affidavit of documents

r 54(5)(a)

Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of an application to the court under section [number] of Te Ture Whenua Maori Act 1993

I, [full name], of [place of residence], [occupation], the applicant (or as the case may be) in this proceeding make oath and say as follows:

  • 1 I have in my possession or power the documents relating to the matters in question in these proceedings set forth in parts 1 and 2 of Schedule 1 of this affidavit.

  • 2 I object to produce the said documents set forth in part 2 of Schedule 1 of this affidavit.

  • 3 That [here state upon what grounds the objection is made and verify the facts as far as may be].

  • 4 I have had, but have not now, in my possession or power the documents relating to the matters in question in these proceedings set forth in Schedule 2 of this affidavit.

  • 5 The last-mentioned documents were last in may possession or power on [date].

  • 6 That [here state what has become of the last-mentioned documents, and in whose possession they now are].

  • 7 According to the best of my knowledge, information, and belief, I have not now and never have had in may possession custody, or power, or in the possession, custody, or power of my solicitor or agent, or of any other person on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract from any such document, or any other document whatsoever relating to the matters in question in this proceeding, or any of them, or wherein any entry has been made relative to such matters or any of them, except the documents set forth in Schedules 1 and 2 hereto.

Schedule 1

Part 1

Part 2

Schedule 2

Signature of Deponent:

Sworn at [place, date] before me:

Signature:

((Deputy) Registrar/Justice of the Peace/solicitor of the High Court of New Zealand)


Form 8
General form of order

r 59(1)

Section [number], Te Ture Whenua Maori Act 1993 (or other Act under which the order is made)

Order [set out nature of order]

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of [state name and block number of land, Maori incorporation, person, or matter in respect of which the order is made]

At a sitting of the Maori Land Court held at [place] on [date], before [name], Judge.

Upon reading the application of [specify] and the other material filed in support thereof:

And upon hearing the applicant (or Mr/Ms [name], counsel for the applicant in support and Mr/Ms [name], in opposition; or otherwise, following the actual course of the proceedings):

Now therefore the court, being satisfied upon all matters and things upon which it is required to be satisfied, hereby orders [insert the words by consent if appropriate] that [set out the terms of the order, following the wording of the Act or Rule under which the order is made.]

[If, in the course of the proceedings on the application, the court, pursuant to section 53(3) of the Act, has proceeded to exercise any other part of its jurisdiction, state the fact and circumstance with reference to that enactment.]

[If the court has exercised jurisdiction under rule 66(3) of the Maori Land Court Rules 1994 state accordingly, giving precisely the words employed, eg, immediately, forthwith, or the precise period of time.]

As witness the hand of the Judge and the seal of the court.

Signature:

(Judge)


Form 9
Application claiming damages founded on tort or contract

r 77(1)

Section 18(1)(d), Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of a claim for damages in respect of [state name and block number of Maori freehold land] Between [full name], applicant And [full name], defendant

Application is hereby made for an order under section 18(1)(d) of Te Ture Whenua Maori Act 1993 awarding to the applicant the sum of $[state amount claimed] upon the grounds set out in the accompanying statement of claim.

Date:

Signature:

(Applicant or Statutory Delegate or Counsel for Applicant)

This application is made by [full name of applicant] of [full residential address], [occupation], whose postal address for service of notices, pleadings, and correspondence in respect of the application is [specify].


Court use only

This application will be heard at the Maori Land Court sitting at [place] at [time] on [day of the week, date].

Signature:

((Deputy) Registrar)


Form 10
Memorandum transmitting order by way of injunction to High Court for enforcement

r 82(1)

Section 85, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of section 85 of the Maori Land Act 1993

and

In the matter of an order of the Maori Land Court by way of injunction in respect of [specify]

To the Registrar, High Court, [place]:

Pursuant to section 85 of Te Ture Whenua Maori Act 1993, I herewith transmit to you, for filing as of record in the High Court, a copy of an order by way of injunction made by the Maori Land Court on [date].

The solicitors acting in the matter are:

Given under the hand of the Chief Judge and the seal of the court this [date].

Signature:

(Chief Judge)


Form 11
Application to the Chief Judge

r 85(1)

Section 45, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

To the Chief Judge, Maori Land Court of New Zealand.

I, [name], hereby apply under section 45 of Te Ture Whenua Maori Act 1993 for amendment or cancellation of an order (or certificate of confirmation) made on [date] determining the persons legally entitled to succeed and vesting orders in pursuance thereof made on [date], in respect of the interest of [specify] or [if other order, state nature and date] in the lands known as [specify] upon the following grounds:

  • 1 That I have been adversely affected by the said order(s) (or certificate of confirmation).

  • *2 That the said order(s) (or certificate of confirmation) is (or are) erroneous in fact or in law because of a mistake or omission on the part of the court or the Registrar

or

  • *2 That the said order(s) is (or are) erroneous in fact or in law because of a mistake or omission in the presentation of the facts of the case to the court or the Registrar.

  • 3 [State the nature of the mistake, or omission, and by whom it was made.]

  • *4 [State the nature of the error in law.]

  • *5 [In the case of an order on succession where the Whakapapa or genealogy accepted by the court is alleged to be incorrect, state the names of those persons wrongly included or omitted and attach the correct Whakapapa.]

Date:

Applicant:

Address:


*Delete if inapplicable.

Form 12
Case stated for the opinion of the High Court

rr 93(7), 94(3)

Section 72, Te Ture Whenua Maori Act 1993

In the High Court of New Zealand,

[Name of registry] Registry

In the matter of section [number] of Te Ture Whenua Maori Act 1993

and

In the matter of

Case stated by the Maori Land Court, with the leave of the Chief Judge thereof (or by the Maori Appellate Court) for the opinion of this honourable court upon a question of law [set out in numbered paragraphs the facts upon which the question of law arises].

The question for the opinion of this honourable court is [set out the question of law].

As witness the seal of the Maori Land Court (or Maori Appellate Court) and the hand of [name], a Judge thereof, this [date].

Signature:

(Judge)


*I, [name], Chief Judge of the Maori Land Court, in pursuance of the provisions of section 72 of Te Ture Whenua Maori Act 1993, do hereby grant leave for the Maori Land Court to state the foregoing case for the opinion of the High Court.

As witness my hand this [date].

Signature:

(Chief Judge)


*Delete if inapplicable.

Form 13
Memorandum transmitting order to District Court

r 95(2)

Section 81, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of section 81 of Te Ture Whenua Maori Act 1993

and

In the matter of an order of the Maori Land Court for the payment of money

To the Registrar of the District Court at [place].

Pursuant to section 81 of Te Ture Whenua Maori Act 1993, I herewith transmit to you, for filing as of record in the District Court, a copy of an order which was made by the Maori Land Court on [date] and which orders [full name] of [address] to pay the sum of $[amount].

The solicitors acting in the matter are:

Given under the hand of [name], a Judge of the Maori Land Court and seal of the court this [date].

Signature:

(Judge)


Form 14
Application for a Part 4 search

r 100(1)

Te Ture Whenua Maori Act 1993

To the Registrar, Maori Land Court,

[Name of district] District

In the Estate of [show all names by which the deceased was known], deceased

I/We [full name(s)] of [postal address(es)] request a search of the beneficial interests in Maori freehold land owned by the above-named deceased at the date of his (or her) death.

Please complete the following as far as possible

  • 1 The above-named deceased lived at [last known address] and died on [date] or thereabouts.

  • 2 The full name of the father of the above-named deceased is:

  • 3 The full name of the mother of the above-named deceased is:

  • 4 The full names of the brothers and sisters of the above-named deceased are:

  • 5 The full names of other persons from whom the above-named deceased may have derived interests in Maori freehold land are as follows:

  • 6 Particulars of the beneficial interests in Maori freehold land that may have been held by the above-named deceased are as follows:

  • 7 The beneficiary account No of the above-named deceased is:

  • 8 The above-named deceased is the person named in the full death certificate (or in the copy of the full death certificate) filed with this request.

Date:

Signature of Applicant:


No fee

  • Schedule 1 form 14: amended, on 10 September 1998, by rule 10 of the Maori Land Court Amendment Rules 1998 (SR 1998/227).

Form 15
Part 4 search

r 100(3)

Te Ture Whenua Maori Act 1993

Schedule of beneficial interests in Maori freehold land

of [show all names by which the deceased was known], deceased[Name of district] District
Date of death: 
 Searched by:
 Date:
File No Description of block Alienations Owner number and name and derivation of interest Total shares in block Government valuation Value of owner's interest
  Area:
hectares/sqm
   List No ..... Pg .... As No
Sole/Part Succ'r to:
 Owner's share: CV
LV
VI
OE
As at .../.../...
 $
  Area:
hectares/sqm
   List No ..... Pg .... As No
Sole/Part Succ'r to:
 Owner's share: CV
LV
VI
OE
As at .../.../...
 $
  Area:
hectares/sqm
   List No ..... Pg .... As No
Sole/Part Succ'r to:
 Owner's share: CV
LV
VI
OE
As at .../.../...
 $

Form 16
Particulars to be filed with application to determine beneficial entitlements to Maori freehold land

r 102(3)

Section 113, Te Ture Whenua Maori Act 1993

Name by which deceased was commonly known:

Name of applicant:

Relationship of applicant to deceased:

  • 1 The deceased was also known by the following names:

  • 2 The deceased was male (or female) and was aged [age] or thereabouts.

  • 3 The deceased died at [place] on [date] and attached is a copy of the full death certificate or a photocopy thereof.

  • 4 The deceased was, at the time of death, legally married to [name of spouse].

    or

  • 4 The deceased was, at the time of death, a widower (or widow).

  • 5 The spouse of the deceased survived the deceased but has since died.

    or

  • 5 The spouse of the deceased survived the deceased but has since remarried.

    or

  • 5 The spouse of the deceased survived the deceased and desires to take his (or her) entitlement to an interest for life or until remarriage.

    or

  • 5 The spouse of the deceased survived the deceased and desires to surrender his (or her) entitlement to an interest for life or until remarriage and attached is his (or her) written surrender of that entitlement.

    or

  • 5 The spouse of the deceased survived the deceased but at the date of the death of the deceased there was a separation order (or a separation agreement made by deed or other writing) in force in respect of the marriage between the surviving spouse and the deceased.

    [Where there has been no formal grant of administration, paragraphs 6 to 8 must be completed]

  • 6 The deceased left no will and the person (or persons) entitled to obtain a grant of administration does not (or do not) intend to seek any such grant.

    or

  • 6 The deceased left a will and the person (or persons) entitled to obtain probate does not (or do not) intend to seek such probate. [If this option applies, the original will must be produced at the hearing]

  • 7 The estate of the deceased otherwise consisted of assets of a nature that did not (or do not) require to be formally administered.

  • 8 The deceased's funeral account and all other estate debts have been paid in full.

    [Paragraphs 9 to 20 must be completed in all cases]

  • 9 The deceased left the following natural children living at his (or her) death:

    NameSexAgePostal address
     
     
       
  • 10 The deceased left the following legally adopted children living at his (or her) death:

    NameSexAgePostal address
     
     
       
  • 11 The following children of the deceased died, during the lifetime of the deceased, without leaving issue:

    Name of deceased childDate of death
     
     
  • 12 The following children died, during the lifetime of the deceased, leaving issue:

    Name of deceased child Name of issue SexAgePostal address:
     
     
      
  • 13 The deceased left no issue, but left the following brothers and sisters living at his (or her) death, including brothers and sisters of the half blood:

    Name of brother or sister SexAgePostal address Parentage if of the half blood
     
     
          
  • 14 The following brothers and sisters died, during the lifetime of the deceased, without leaving issue:

    Name of brother or sisterDate of death
     
     
     
  • 15 The following brothers and sisters died, during the lifetime of the deceased, leaving issue:

    Name of brother or sister Name of issue SexAgePostal address
     
     
          
  • 16 The deceased left no issue and no brothers or sisters, and attached is a whakapapa showing the person nearest in the chain of title to the deceased who had issue living at the deceased's death and the names, sex, ages, and postal addresses of that issue.

  • 17 The deceased left the following whangai living at his (or her) death:

    NameSexAgePostal address Parentage
     
     
         
  • 18 Has the whanau of the deceased conferred, and does the whanau accept that the person or persons described in paragraph 17 above should be recognised by the court as having been whangai of the deceased? [Yes/No]

  • 19 The persons legally entitled to succeed to the beneficial freehold interests in the Maori freehold land (to which this form relates) have agreed on a family arrangement, details and evidence of which including written consents will be produced at the hearing.

  • 20 Have the beneficiaries considered a whanau trust? [Yes/No]

    If not, do they wish to discuss this matter with a Trust Officer of the court? [Yes/No]

Signed by the Applicant on [date].

Signature of Applicant:


Notes:

  • 1 Strike out words or paragraphs which do not apply.

  • 2 Add further details on a separate sheet if necessary.

  • 3 Check that any material or documentation required to be attached to these particulars in accordance with paragraphs 3 and 16 above (if applicable) is attached.

  • Schedule 1 form 16: substituted, on 10 September 1998, by rule 11 of the Maori Land Court Amendment Rules 1998 (SR 1998/227).

Form 17
Declaration in support of application by individual for confirmation of alienation (where no other land held)

rr 110(c)(i), 119(1)(b)

Section 152(1), Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of the [name of block]

and

In the matter of an application for confirmation of an instrument of alienation by way of [state type of alienation] made between [full name(s)] and [full name(s)] executed on [date]

or

In the matter of an application for confirmation of a resolution of assembled owners for an alienation by way of [state type of alienation] to [full name(s)]

I, [full name], of [place of residence], [occupation], do solemnly and sincerely declare:

  • 1 That I am one of the purchasers (or lessees) under the above-mentioned alienation.

  • 2 In this declaration the expression farm land means land that is used exclusively or principally for the cultivation of the soil for the production of food products or other useful products of the soil, including horticultural or pastoral purposes; or for the keeping of pigs, bees, or poultry, other than any interest owned by me, a Maori within the meaning of Te Ture Whenua Maori Act 1993, in any Maori land, where such interest has not been partitioned so as to be owned solely by me.

  • 3 That I do not and my wife (or husband) does not own, lease, hold, or occupy in fee simple or under any tenure of more than 1 year's duration either severally, jointly, or in common with any person any farm land situate outside a city.

  • 4 That I have not, since 16 October 1952, transferred, granted, leased, or otherwise disposed of any estate or interest in farm land to any person as a trustee for any person, or created any trust in respect of any estate or interest in farm land.

  • 5 That there is not upon the land comprised in the instrument of alienation any millable timber, mineral, or other valuable thing (or details known of any such millable timber, etc).

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Oaths and Declarations Act 1957.

Declared at [place, date], before me:

Signature:

(a Justice of the Peace/a solicitor of the High Court of New Zealand/a Judge or Registrar of the Maori Land Court)


Form 18
Declaration in support of application by individual for confirmation of alienation (where other land held)

rr 110(c)(i), 119(1)(b)

Section 152(1), Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of the [name of block]

and

In the matter of an application for confirmation of an instrument of alienation by way of [state type of alienation] made between [full name(s)] and [full name(s)] executed on [date]

or

In the matter of an application for confirmation of a resolution of assembled owners for an alienation by way of [state type of alienation] to [full name(s)]

I, [full name], of [place of residence], [occupation], do solemnly and sincerely declare:

  • 1 That I am one of the purchasers (or lessees) under the above-mentioned alienation.

  • 2 That I am not married (or a widower or a widow or married and my wife or husband is dependent upon me (or not dependent upon me)).

  • 3 That I have the following children dependent upon me, their ages being set out after their respective names [set out names and ages of children].

  • 4 In this declaration the expression farm land means land that is used exclusively or principally for the cultivation of the soil for the production of food products or other useful products of the soil, including horticultural or pastoral purposes; or for the keeping of pigs, bees, or poultry, other than any interest owned by me, a Maori within the meaning of Te Ture Whenua Act 1993, in any Maori land, where such interest has not been partitioned so as to be owned solely by me.

  • 5 That set out below are true and full particulars of all farm land owned, leased, held, or occupied by me (otherwise than as a mortgagee, trustee, executor, or administrator only) in fee simple or under any tenure of more than 1 year's duration either severally, jointly, or in common with any other person, and of the farming operations carried on thereon.* (See footnote.)

  • 6 That set out below are true and full particulars of all farm land owned, leased, held, or occupied by my wife (or husband) (otherwise than as a mortgagee, trustee, executor, or administrator only) in fee simple or under any tenure of more than 1 year's duration, either severally, jointly, or in common with any other person, and of the farming operations carried on thereon.* (See footnote.)

  • 7 That set out below are true and full particulars of all farm land owned, leased, held, or occupied (otherwise than as mortgagee or trustee only) by any company the members of which are less than 10 in number, of which either my wife (or husband) or myself is a member, and of the farming operations carried on thereon.* (See footnote.)

  • 8 That set out below are true and full particulars of all farm land which I have, since 16 October 1952, transferred, granted, leased, or otherwise disposed of to any person as trustee for any person, or in respect of which after that date I have created any trust, and of the farming operations carried on thereon.* (See footnote.)

  • 9 That set out below is a true and full statement of the nature of the use to which I propose to devote the land being acquired under the alienation, and the classes and numbers of farming stock, which I propose to carry, and the nature and quantity of crops which I expect to produce on that land.

    [Set out particulars]

  • 10 That I consider that by reason of the facts and circumstances set out in this declaration, I have the ability to devote the land being acquired to the use set out in paragraph 9 of this declaration.

  • 11 That there is not upon the land comprised in the instrument of alienation any millable timber, mineral, or other valuable thing (or details known of any such millable timber, etc).

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Oaths and Declarations Act 1957.

Declared at [place, date], before me:

Signature:

(a Justice of the Peace/a solicitor of the High Court of New Zealand/a Judge or Registrar of the Maori Land Court)


*Footnote:

Paragraphs 5, 6, 7, and 8: Particulars are to include—

  • (a) full description of land according to the title:

  • (b) area and locality:

  • (c) nature of tenure:

  • (d) full particulars of latest Government valuation:

  • (e) the nature of farming carried on, the classes and the numbers of farming stock carried, and the nature and quantity of crops produced.

Paragraph 7: In addition to the foregoing particulars, the following are required—

  • (a) name of company and place of registration:

  • (b) nominal capital and subscribed capital:

  • (c) number of shares held by applicant or wife or husband of applicant.

Form 19
Declaration in support of application by company for confirmation of alienation

rr 110(c)(i), 119(1)(b)

Section 152(1), Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of the [name of block]

and

In the matter of an application for confirmation of an instrument of alienation by way of [state type of alienation] made between [full name(s)] and [full name(s)] executed on [date]

or

In the matter of an application for confirmation of a resolution of assembled owners for an alienation by way of [state type of alienation] to [full name(s)]

I, [full name], of [place of residence], [occupation], do solemnly and sincerely declare:

  • 1 That I am a director (or the secretary) of [name of company] Limited, a company incorporated under the Companies Act 1955 (hereinafter referred to as the company).

  • 2 In this declaration the expression farm landmeans land that is used exclusively or principally for the cultivation of the soil for the production of food products or other useful products of the soil, including horticultural or pastoral purposes; or for the keeping of pigs, bees, or poultry, other than any interest owned by me, a Maori within the meaning of Te Ture Whenua Maori Act 1993, in any Maori land, where such interest has not been partitioned so as to be owned solely by me.

  • 3 That set out below are true and full particulars of all farm land owned, leased, held, or occupied by the company (otherwise than as mortgagee, trustee, executor, or administrator, only) in fee simple or under any tenure of more than 1 year's duration either severally, jointly, or in common with any other person, and of the farming operations carried on thereon.* (See footnote.)

  • 4 That set out below are true and full particulars of all farm land owned, leased, held, or occupied (otherwise than as a mortgagee or trustee only) by any company the members of which are less than 10 in number, of which the company is a member, and of the farming operations carried on thereon.* (See footnote.)

  • 5 That set out below are true and full particulars of all farm land which the company has, since 16 October 1952, transferred, granted, leased, or otherwise disposed of to any person as trustee for any person, or in respect of which after that date the company has created any trust, and of the farming operations carried on thereon.* (See footnote.)

  • 6 That set out below is a true and full statement of the nature of the use to which the company proposes to devote the land being acquired under the said alienation, and the classes and numbers of farming stock which the company proposes to carry, and the nature and quantity of crops which the company expects to produce on such land.

    [Set out particulars]

  • 7 I consider that by reason of the facts and circumstances set out in this declaration, the company has the ability to devote the land being acquired to the use set out in paragraph 6 of this declaration.

  • 8 That there is not upon the land comprised in the instrument of alienation any millable timber, mineral, or other valuable thing (or details known of any such millable timber, etc).

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Oaths and Declarations Act 1957.

Declared at [place, date], before me:

Signature:

(a Justice of the Peace/a solicitor of the High Court of New Zealand/a Judge or Registrar of the Maori Land Court)


*Footnote:

Paragraphs 3, 4, 5: Particulars are to include—

  • (a) full description of land according to the title:

  • (b) area and locality:

  • (c) nature of tenure:

  • (d) full particulars of latest Government valuation:

  • (e) the nature of framing carried on, the classes and the numbers of farming stock carried, and the nature and quantity of crops produced.

Paragraph 4: In addition to the foregoing particulars, the following are required—

  • (a) name of company, place of registration:

  • (b) nominal capital and subscribed capital:

  • (c) number of share held by applicant or wife or husband of applicant.

Form 20
Public notice of application for confirmation of alienation of Maori freehold land

rr 112(2)(a), 117(3)(a), 120(5)(a)

Sections 147 and 152, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

Take notice that [full name(s)] has made application to the Maori Land Court at [place] for confirmation of an alienation by way of [state nature of alienation] of the following interest in Maori freehold land, namely, [here state the land with sufficient description to adequately identify it].

Any person who, in respect of that land,—

  • (a) belongs to 1 or more of the preferred classes of alienees (as defined by section 4 of the Te Ture Whenua Maori Act 1993); and

  • (b) wishes to be considered by the alienating owners as a prospective purchaser, donee, or prospective lessee,—

must file in the Maori Land Court at [place], not later than [date], written notice of that person's intention to make an offer to the owners at the hearing of the application.

Further take notice that if no such notice is filed within the time fixed by this notice, the court may confirm the alienation by way of [state nature of alienation] described above.

Date:

Signature:

((Deputy) Registrar of the Maori Land Court)


Form 21
Certificate of confirmation of Maori freehold land

r 114(1)

Section 155(1)(a), Te Ture Whenua Maori Act 1993

At a sitting of the court held at [place] on [date], before [name], Judge.

Whereas the court is satisfied that the within written instrument of alienation is an instrument of alienation to which section 151 of Te Ture Whenua Maori Act 1993 applies:

And whereas the court, after due inquiry, is satisfied that the alienation purporting to be effected by that instrument has been effected in all respects in accordance with the law in force at the time of the execution of that instrument:

*And whereas the court has, with the consent of the parties, varied that instrument of alienation in the manner set out in Schedule 1 hereto:

The court hereby confirms the alienation purporting to be effected by the instrument (*as so varied) (*subject to the terms and conditions set out in Schedule 2 hereto).

As witness the hand of the Judge and the seal of the court.

Signature:

(Judge)


*Schedule 1

*Schedule 2

*Delete if inapplicable.
  • Schedule 1 form 21 heading: amended, on 10 September 1998, by rule 12 of the Maori Land Court Amendment Rules 1998 (SR 1998/227).

Form 22
Certificate of confirmation by Registrar of alienation of Maori freehold land

r 114(2)

Section 160, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

Whereas the Registrar of the Maori Land Court, [name of district] District, is satisfied that the within written instrument of alienation is an instrument of alienation to which section 160 of Te Ture Whenua Maori Act 1993 applies:

And whereas the Registrar after due enquiry is satisfied as to the matters referred to in paragraphs (b) to (d) of section 160(3) of Te Ture Whenua Maori Act 1993:

The Registrar hereby confirms the alienation purporting to be effected by the instrument.

As witness the hand of the Registrar and the seal of the court this [date].

Signature:

((Deputy) Registrar)


Form 23
Agreement between the parties to vest an interest in Maori freehold land

r 115(2)

Section 164, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of [state block number of land] and an agreement between [full name of transferor] and [full name of transferee]

I, [full name of transferor] hereby agree to transfer to [full name of transferee] the whole (or part) of my interest amounting to [number] shares (or [number] shares out of the total of [number] shares owned by me) in the Maori freehold land known as [insert section number] at or for the price of $[amount] (or by way of gift) and I [full name of transferee] agree to accept the transfer (except where the transfer is by way of gift and to pay the said price of $[amount]).

I, the above-named transferee, state that I am a member of one of the preferred classes of alienees defined in section 4 of Te Ture Whenua Maori Act 1993 in that I am [state the relationship or status by virtue of which the transferee is a member of one of the preferred classes of alienees].

Date:

Signature:

(Transferor)

Witness:

Occupation:

Residential address:


Signature:

(Transferee)

Witness:

Occupation:

Residential address:


Notes
  • (1) Where the agreement is executed in New Zealand, the signature of the transferor must be attested by:

    • (a) a notary public; or

    • (b) a solicitor of the High Court; or

    • (c) a Justice of the Peace; or

    • (d) an employee of New Zealand Post Limited; or

    • (e) a Registrar or Deputy Registrar of the High Court or of the District Court or of the Maori Land Court; or

    • (f) a registered medical practitioner.

  • (2) Where the agreement is executed outside New Zealand, the signature of the transferor must be attested by:

    • (a) a notary public; or

    • (b) a Commissioner of Oaths; or

    • (c) a Commonwealth Representative; or

    • (d) a solicitor of the High Court of New Zealand.

Form 24
Application to summon a meeting of assembled owners

r 116(1)

Section 173, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

Block [state block number]

Application is hereby made to the court for a meeting of the assembled owners of the land known as [insert description] to be summoned by the Registrar.

The meeting is sought for the following purpose(s):

[Set out purpose(s) for which meeting is sought].

*The resolution (or the several resolutions) proposed to be submitted to the meeting is (or are) as follows:

[Set out in full the text of the proposed resolution(s)]

*The proposed alienee is (or is not) a member of one of the preferred classes of alienees.

Date:

Name of Applicant:

Address of Applicant:

Signature of Applicant:


Note: Where proposed resolution is one to which section 172(e) or (g) of Te Ture Whenua Maori Act 1993 applies, the application must be made by or on behalf of the proposed alienee.

*Delete if inapplicable.

Form 25
Application for order winding up Maori incorporation

r 139(1)

Section 282, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of the body corporate known as the [full name of Maori incorporation]

Application is hereby made for an order winding up the body corporate known as [name of Maori incorporation] upon the following grounds:

[Set out grounds for application].

Date:

Name of Applicant:

Address of Applicant:

Signature of Applicant:


Form 26
Order winding up Maori incorporation

r 139(2)

Section 282, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of the body corporate known as the [full name of Maori incorporation]

At a sitting of the Maori Land Court held at [place] on [date], before [name], Judge.

Upon hearing the application of [full name of applicant] for an order winding up the body corporate established under Part 13 of Te Ture Whenua Maori Act 1993 known as the [full name of Maori incorporation], and the court being satisfied that it is expedient that such order be made upon the ground that [state ground], it is hereby ordered that the [full name of Maori incorporation] be wound up, and that [full name] of [place of residence], [occupation] be appointed liquidator for the purpose of the winding up.

As witness the hand of the Judge and the seal of the court.

Signature:

(Judge)


Form 27
Order vesting land of a Maori incorporation in the beneficial owners

r 139(3)

Section 283(3), Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of the body corporate known as the [full name of Maori incorporation]

At a sitting of the Maori Land Court held at [place] on [date], before [name], Judge.

Whereas on [date] the court made an order for the winding up of the body corporate established under Part 13 of Te Ture Whenua Maori Act 1993 known as the [full name of Maori incorporation]:

And whereas the land known as [insert description of land] was, at the making of the order vested in the [full name of Maori incorporation], it is hereby ordered that the land be and the same is hereby vested for an estate in fee simple in the persons whose names are set out in the Schedule of this order, being the persons beneficially entitled to the land, as tenants in common in equal shares (or in the shares set opposite their names respectively).

As witness the hand of the Judge and the seal of the court.

Signature:

(Judge)


Schedule

[For each person beneficially entitled set out—

  • (a) full name:

  • (b) place of residence and occupation:

  • (c) sex and (if a minor) age:

  • (d) share in land.]

Form 28
Order dissolving Maori incorporation

r 139(4)

Section 282(5)(b), Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of the body corporate known as the [full name of Maori incorporation]

At a sitting of the Maori Land Court held at [place] on [date], before [name], Judge.

Whereas on [date] the court made an order for the winding up of the body corporate established under Part 13 of Te Ture Whenua Maori Act 1993 known as the [full name of Maori incorporation]:

And whereas the winding up has been completed, it is hereby ordered that the said body corporate be and is hereby dissolved.

As witness the hand of the Judge and the seal of the court.

Signature:

(Judge)


Form 29
Application to vest a dwelling site

r 146(1)

Section 296, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

[Description of block]

I, [full name of applicant] of [place of residence], being the owner of [state number of shares] shares out of a total of [state total number of shares in block] shares in [description of block], apply for an order under section 296 of Te Ture Whenua Maori Act 1993 vesting in me (and [full name of spouse], my wife (or husband) as joint tenants (or as tenants in common in equal shares)), as a site for a dwelling that portion of the land comprising [area], more or less, and being more particularly described in the plan annexed to this application.

I am (or my wife (or husband) is) a person to whom the land to be vested may be alienated in accordance with Part 7 of Te Ture Whenua Maori Act 1993.

The land to be vested comprises the whole of my interest in the block or part of my interest, amounting to [number of shares] shares in the block.

Date:

Signature of Applicant:

Address of Applicant:

Signed by the above-named applicant in the presence of:

Witness:

Capacity of witness:

Address:


Form 30
Order vesting a dwelling site

r 146(2)

Section 296, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

[Description of block]

At a sitting of the Maori Land Court held at [place] on [date], before [name], Judge.

Upon hearing the application of [full name of applicant] of [place of residence], being the sole owner (or the owner of an undivided interest amounting to [state fraction or shares]) in the land known as [specify], being Maori freehold land, it is hereby ordered that the whole of the interest (or [state fraction]) of the interest of the applicant (or part of the interest of the applicant) amounting to [number of shares] shares in the land, as further described in the Schedule of this order, be and is hereby vested in the applicant in order to provide the applicant with a site for a dwelling (or is hereby vested in the applicant and [name of spouse of applicant], the applicant's spouse, as tenants in common in equal shares (or as joint tenants) in order to provide them with a site for a dwelling).

Schedule
Site for a dwelling

The land comprising [area], more or less, and more particularly defined on ML No:

As witness the hand of the Judge and the seal of the court.

Signature:

(Judge)


Form 31
Requisition for survey

r 157(1)(a)

Section 332, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

In the matter of [state full description of land(s), and nature and date of title or other order].

On the application of [specify] (or on its own motion), the court being of the opinion that the survey of the above-described Maori land(s) is necessary or expedient for the completion of an [state nature of order] order of the court dated [date]

or

for the exercise of some power or jurisdiction of the court in relation to the land(s), namely, [state precisely the power or jurisdiction and the facts and circumstances relied upon.]

The court now transmits to the Chief Surveyor at [place] this requisition for the survey in terms of Te Ture Whenua Maori Act 1993 and the Survey Regulations 1972 of the land(s) but no other. Descriptions of boundaries are attached.

I nominate [specify], authorised surveyors, to make the required survey.

Date:

Signature:

(Judge)


Form 32
Certificate of Chief Surveyor

r 157(1)(b)

Section 332(4), Te Ture Whenua Maori Act 1993

In the matter of a survey or subdivisional survey of [description of land]

I hereby certify to the Maori Land Court that, in accordance with the requisition transmitted to me, the survey of the above-mentioned land has been properly performed.

The plan of the above-mentioned land numbered [specify] has been approved by me.

*The only modifications required, for the purposes of completing the survey, were as follows: [set out any modifications]

Date:

Signature:

(Chief Surveyor, [name of district] District)

*Delete if inapplicable.

Form 33
Application for charging order for costs of survey

r 157(2), (5)

Section 333 or 336, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

[Description of block]

Application is hereby made to the court under section 333 or section 336 of Te Ture Whenua Maori Act 1993 for an order charging the land known as [insert section number] (or the interest of [full name] in the land known as [insert section number]) to secure payment of the sum of $[amount] to [name] of [address], such sum being the costs incurred by the Crown in respect of the survey of the said land or such sum being part of the costs of survey incurred by me for the survey of the land being [specify], which survey involved the survey of the land first above-mentioned being Maori freehold land.

Date:

Applicant:

Address:


Form 34
Charging order for costs of survey

r 157(2)

Section 333, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

[Description of block]

At a sitting of the Maori Land Court held at [place] on [date], before [name], Judge.

Whereas, upon application made on behalf of the Crown, the court is satisfied that the sum of $[amount] is now due and owing for the costs incurred by the Crown in respect of the survey of the land known as [insert section number]:

Now therefore it is hereby ordered that the land be and the same is hereby charged with the payment to the Surveyor-General on behalf of Her Majesty of the sum of $[amount], together with interest thereon in accordance with section 334 of Te Ture Whenua Maori Act 1993 as from [date].

As witness the hand of the Judge and the seal of the court.

Signature:

(Judge)


Form 35
Certificate of Chief Surveyor

r 157(3)

Section 334(2), Te Ture Whenua Maori Act 1993

In the matter of a survey or subdivisional survey of [description of land]

I hereby certify to the Maori Land Court—

  • (a) that the survey of the above-mentioned land has been properly performed; and

  • (b) that the plan of the above-mentioned land numbered [specify] has been duly approved by me; and

  • (c) that the date of the completion of the survey was [date].

Date:

Signature:

(Chief Surveyor, [name of district] District)


Form 36
Order varying former charging order

r 157(4)

Section 333(3), Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

[Description of block]

At a sitting of the Maori Land Court held at [place] on [date], before [name], Judge.

Whereas on [date] the court made an order charging the land known as [insert description of land] with payment of the sum of $[amount] to the Surveyor-General on behalf of Her Majesty, for the cost of survey of the same:

And whereas since the making of that order there has been a partition or other disposition of the land, and it is proper that the order should be varied and the charge apportioned, it is hereby ordered that each of the several parcels of land described in the first column of the Schedule of this order be and each of them is hereby respectively charged with payment to the Surveyor-General on behalf of Her Majesty of the respective sums of money (being parts of the above-mentioned sum of $[amount]) set out in the second column of that schedule opposite the description of each of the parcels of land, together with interest on those sums of money respectively in accordance with section 334 of Te Ture Whenua Maori Act 1993 from [date].

As witness the hand of the Judge and the seal of the court.

Signature:

(Judge)


Schedule

 
Description of parcel Amount charged
 
 
 
  
   

Form 37
Charging order for contribution to cost of survey

r 157(5)

Section 336, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

At a sitting of the Maori Land Court held at [place] on [date], before me [name], Judge.

Whereas a survey required for the particular purposes of the land known as [insert description of land], being Crown land (or General land or Maori freehold land), has involved the survey of the Maori freehold land known as [insert description of land]:

And whereas, upon hearing the application of [full name], the owner of the land first above-mentioned, for a charging order under section 336 of Te Ture Whenua Maori Act 1993, the court is of the opinion that it is just and equitable that the said [name] should be reimbursed in respect of the costs incurred in respect of such survey to the extent of $[amount] and that such reimbursement should be secured by a charging order, it is hereby ordered that the said Maori freehold land known as [specify] be and the same is hereby charged with payment of the sum of $[amount] to the said [name].

As witness the hand of the Judge and the seal of the court.

Signature:

(Judge)


Form 38
Memorial of assignment of equitable and beneficial interest in Maori vested land (or Maori reserved land)

r 161(1)

Maori Vested Lands Administration Act 1954 (or Maori Reserved Land Act 1955)

I, [name] of [address] being the owner of the equitable and beneficial freehold interest(s) in the vested (or reserved) land mentioned in the Schedule hereto, in consideration of the sum of $[amount] (hereinafter referred to as the principal sum) lent and advanced to me by [name] of [address] (hereinafter referred to as the assignee) do, pursuant to section 4B of the Maori Vested Lands Administration Act 1954 (or section 10A of the Maori Reserved Land Act 1955) hereby assign and transfer such interest(s) to the assignee by way of security

To secure the repayment of the principal sum on [date], with interest thereon in the meantime, and so long as the principal sum or any part thereof remains unpaid, at the rate of $[amount] percentum per annum, by half-yearly (or yearly) payments of such interest on the [specify] days of the month(s) of [specify] in each year, the first of such payments of interest to be made on [date].

(or To secure the repayment of the principal sum together with interest thereon or on so much thereof as shall not for the time being have been repaid at the rate of $[amount] percentum per annum by equal monthly (or quarterly) (or half-yearly) (or yearly) instalments of $[amount] each, on account of principal and interest, on the [specify] days of the months of [specify] in every year until [date], and the repayment on that day of the balance of the principal sum and interest then remaining unpaid, the first of such instalments to be paid on [date].)

As Witness my hand this [date].

Schedule

Signature:

Signed by the above-named [specify] as assignor in the presence of:

Witness:

Occupation:

Address:


Form 39
Application for leave to appeal

r 169(6)

Section 59, Te Ture Whenua Maori Act 1993

In the Maori Land Court of New Zealand,

[Name of district] District

Application is hereby made for leave to appeal from the provisional or preliminary determination of the court made on [date] upon the hearing of an application for [state nature of application in relation to which the determination was made] upon the following grounds: [set out grounds]

Date:

Applicant:

Address:


Form 40
Notice of appeal

r 170(1)(a)

Section 58, Te Ture Whenua Maori Act 1993

To the Registrar,

Maori Appellate Court,

[Name of district] District

Take notice that I/we hereby appeal from a final order of the court made at [place] on [date], being [description of order, including name of any land affected], or from a decision of the court given at [place] on [date] to grant (or refuse) confirmation of [specify] upon the following grounds: [state grounds, or if statement of grounds attached, refer thereto]

Signature:

Signed by [name] on [date] presence of:

Signature:

(a solicitor of the High Court of New Zealand/a Justice of the Peace/a Registrar or Deputy Registrar of the Maori Land Court/an employee of New Zealand Post Limited)


My (or Our) address for service is:

Note: If a statement of grounds is attached, the appellant or the attesting witness should sign his or her name thereon to identify it.

Form 41
Notice of appeal from provisional or preliminary determination

r 170(1)(a)

Section 59, Te Ture Whenua Maori Act 1993

To the Registrar,

Maori Appellate Court,

[Name of district] District

Take notice that I/we hereby appeal from a provisional or preliminary determination of the court made at [place] on [date], upon the hearing of an application for [description of application, including name of any land affected, in relation to which provisional or preliminary determination was made] upon the following grounds: [state grounds or, if statement of grounds attached, refer thereto]

Signature:

Signed by [name] on [date] in the presence of:

Signature:

(a solicitor of the High Court of New Zealand/a Justice of the Peace/a Registrar or Deputy Registrar of the Maori Land Court/an employee of New Zealand Post Limited)


My (or Our) address for service is:

Note: If a statement of grounds is attached, the appellant or the attesting witness should sign his or her name thereon to identify it.

Schedule 2
Rules revoked

r 176

Maori Land Court Rules 1958 (SR 1958/162)
Maori Land Court Rules 1958, Amendment No 1 (SR 1969/144)
Maori Land Court Rules 1958, Amendment No 2 (SR 1971/78)
Maori Land Court Rules 1958, Amendment No 4 (SR 1977/140)
Maori Land Court Rules 1958, Amendment No 5 (SR 1982/124)
Maori Land Court Rules 1958, Amendment No 7 (SR 1985/36)

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 10 March 1994.


Local Government (Rating) Act 2002

Public Act2002 No 6
Date of assent30 March 2002
Commencementsee section 2
1 Title

Part 1
Preliminary and key provisions

Subpart 1Preliminary provisions

2 Commencement
  • (1) Section 137(1), so far as it relates to the item relating to section 122ZAA of the Local Government Act 1974 in Schedule 5, comes into force on the day after the date on which this Act receives the Royal assent.

    (2) The following provisions come into force on the day after the date on which this Act receives the Royal assent, but only for the purpose of rating in a financial year that begins on or after 1 July 2003:

    • (a) section 11, so far as it relates to district valuation rolls; and

    • (b) section 137(1), so far as it relates to—

      • (i) Schedule 4; and

      • (ii) items relating to the Rating Valuations Regulations 1998 in Schedule 5.

    (3) The following provisions come into force on 30 April 2003:

    • (a) section 11, so far as it relates to rating information databases; and

    • (b) sections 27 to 36.

    (4) The rest of this Act comes into force on 1 July 2003.

3 Purpose
  • The purpose of this Act is to promote the purpose of local government set out in the Local Government Act 2002 by—

    • (a) providing local authorities with flexible powers to set, assess, and collect rates to fund local government activities:

    • (b) ensuring that rates are set in accordance with decisions that are made in a transparent and consultative manner:

    • (c) providing for processes and information to enable ratepayers to identify and understand their liability for rates.

    Section 3: amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Part 5
Replacement of rates and miscellaneous matters

Subpart 2Miscellaneous matters

Amendments, savings, repeals of other enactments, and transitional provisions

137 Amendments to other enactments
  • (1) The Acts and regulations specified in Schedules 4 and 5 are amended in the manner indicated in those schedules.

    (2) However, those Acts and regulations continue in force as if they had not been amended to the extent necessary for the levying and collection of rates made or levied for the financial year ending on 30 June 2003 or a previous financial year.


Māori Land Court Rules 2011

(SR 2011/374)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 10th day of October 2011  

Present:
His Excellency the Governor-General in Council

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

Part 1
Title and commencement

1.1 Title
  • (1) These rules are the Māori Land Court Rules 2011.

    (2) These rules are also known as Nga Ture O Te Kooti Whenua Māori 2011.

    Compare: SR 1994/35 r 1

1.2 Commencement
  • These rules come into force on 1 December 2011.

Part 17
Revocation and transitional provisions

17.2 Transitional provisions
  • (1) Subject to rule 17.2(2) and (3),—

    • (a) the revocation of the Maori Land Court Rules 1994 (the 1994 Rules) does not affect any document or thing done under those rules or under any corresponding rules; and

    • (b) every such document or thing, in so far as it is subsisting or in force immediately before revocation of the 1994 Rules and could have been made or done under these rules, continues to have effect as if it had been made or done under the corresponding provision of these rules and as if that provision had been in force when the document was made or the thing was done.

    (2) All proceedings in the Māori Land Court or the Māori Appellate Court commenced before and pending or in progress on the commencement of these rules may be continued, completed, and enforced under these rules, and accordingly these rules, so far as practicable, apply to those proceedings. In so far as it is not practicable for any provision of these rules to be applied to any of those proceedings, the 1994 Rules continue to apply to those proceedings to the extent necessary.

    (3) If, in any proceeding to which rule 17.2(2) applies, any question arises as to the application of any provision of these rules or of the 1994 Rules, the Court or the Registrar may, either on the application of any party to the proceedings or of the Court's or Registrar's own motion, determine the question and make the order or orders that the Court or the Registrar thinks fit.

Rebecca Kitteridge,
Clerk of the Executive Council.


Date of notification in Gazette: 13 October 2011.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Maori Land Court Rules 1994. The reprint incorporates all the amendments to the rules as at 1 December 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)