Maori Occupation Orders Regulations 1994 (SR 1994/201) (as at 03 September 2007)

Maori Occupation Orders Regulations 1994

(SR 1994/201)


Note

These regulations are administered in the Ministry of Maori Development.


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.

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 19941.

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 19942.

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.


  • 1 SR 1994/35

  • 2 SR 1994/35