Maori Occupation Orders Regulations 1994

Reprint
as at 16 September 1994

Crest

Maori Occupation Orders Regulations 1994

(SR 1994/201)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 12th day of September 1994

Present:
Her Excellency the Governor-General in Council


Note

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

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

These regulations are administered by Te Puni Kōkiri.


Pursuant to section 331 of Te Ture Whenua Maori Act 1993, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Maori Occupation Orders Regulations 1994.

    (2) These regulations shall come into force on the 28th day after the date of their notification in the Gazette.

2 Interpretation
  • In these regulations, unless the context otherwise requires,—

    Maori incorporation means a body corporate that is established under Part 13 of the Act, or that was established under or continued in existence by the provisions of Part 4 of the Maori Affairs Amendment Act 1967 and is still in existence

    occupation order means an order made by the court under section 328 of the Act

    parent block means, in relation to any land to which an application for an occupation order relates, land for which there is separate title or administration and of which the land to which the application relates forms part.

3 Application for occupation order
  • (1) Every application for an occupation order shall include,—

    • (a) the full name of the applicant; and

    • (b) particulars of the applicant's beneficial interest, or entitlement to succeed to the beneficial interest, in the land to which the application relates; and

    • (c) where the application relates to the site of an existing house, the names and addresses of the persons who occupied the house immediately before the making of the application; and

    • (d) the names and addresses of any mortgagee or other chargeholder in relation to the land to which the application relates; and

    • (e) the names and addresses of any lessees or other occupiers of the land to which the application relates.

    (2) Every application for an occupation order in relation to any land shall be accompanied by—

    • (a) a sketch plan giving full details of the parent block and showing the location and boundaries of the land to which the application relates and the location of the house or the proposed house; and

    • (b) where the land to which the application relates is land in respect of which a trust is constituted under Part 12 of the Act or land vested in a Maori incorporation, the written consent of the trustees or the written consent of the management committee of the Maori incorporation, as the case may require; and

    • (c) particulars of the title to the land to which the application relates and, where that land is subject to the Land Transfer Act 1952, a current copy of the certificate of title.

4 Directions
  • (1) Where an application is made for an occupation order, the Maori Land Court shall give such directions as to the further conduct of the application as the Maori Land Court thinks fit.

    (2) Nothing in this regulation limits the provisions of Part 3 of the Maori Land Court Rules 1994 (SR 1994/35).

5 Notice of application
  • (1) The applicant shall—

    • (a) where the land to which the application relates is land in respect of which a trust is constituted under Part 12 of the Act, send a copy of the application to the trustees; and

    • (b) where the land to which the application relates is land vested in a Maori incorporation send a copy of the application to the Maori incorporation; and

    • (c) give to the owners of the land to which the application relates such notice of the application, whether by way of public notice in a newspaper or otherwise, as the Maori Land Court directs; and

    • (d) comply with any other directions given to the applicant by the Maori Land Court.

    (2) Nothing in this regulation limits the provisions of Part 3 of the Maori Land Court Rules 1994 (SR 1994/35).

6 Requirements in relation to making of occupation order
  • The Maori Land Court, in making an occupation order, shall—

    • (a) specify the date upon which the occupation order shall take effect:

    • (b) specify the area of the land to which the occupation order relates:

    • (c) specify any consideration payable, and the time and manner of payment of such consideration, in relation to the occupation order.

Marie Shroff,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations prescribe requirements in relation to the making of occupation orders under Part 15 of Te Ture Whenua Maori Act 1993.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 15 September 1994.


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 Occupation Orders Regulations 1994. The reprint incorporates all the amendments to the regulations as at 16 September 1994, 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)