This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on the 28th day after the date of their notification in the Gazette, make various amendments to the Maori Land Court Rules 1994.
Rule 2 amends rule 17 of the principal rules to substitute the correct statutory title for the Land Registry Office.
Rule 3 revokes rule 31 of the principal rules, which relates to the issue of Panui, and substitutes a new rule. The new rule provides that the Panui must be issued within 14 days after its closing date. At present the Panui must be issued no less than 14 days after its closing date.
Rule 4 amends rule 44 of the principal rules, which relates to the form of evidence before the Court. A new subclause is added which provides that an affidavit, declaration, or affirmation may be sworn before a Judge or Registrar of the Court or a solicitor or a Justice of the Peace.
Rule 5 amends rule 114 of the principal rules to reflect terminology now used in section 155 of Te Ture Whenua Maori Act 1993.
Rule 6 inserts a new rule 167A into the principal rules. The new rule provides that where the owner of any Maori freehold land lodges in the Land Registry Office a plan of a subdivision of that land the owner must forward a copy of the lodged plan to the Registrar of the Maori Land Court. Where the Registrar receives a copy of a plan, the Registrar may apply to the Court for a consolidated order under section 128 of the Act.
Rule 7 revokes rule 172, which relates to preliminary matters, and substitutes a new rule. The new rule provides that the Chief Judge (and not the presiding Judge) must fix the time, date, and place for the hearing and fix security for costs.
Rule 8 revokes rule 174 of the principal rules and substitutes a new rule. The new rule differs from the existing rule in 2 respects. Firstly, subclause (1) contains different cross-references as a consequence of the new rule 172. Secondly, the new rule provides that if an appellant fails to lodge security for costs or to comply with directions the Registrar must refer the file to the presiding Judge for a decision as to whether the appeal should be dismissed. Under the existing rule the Registrar may make an application for the appeal to be dismissed. The consequence of this amendment is that there is no application to dismiss the appeal that is required to be publicly notified.
Rule 9 amends form 5 in Schedule 1 of the principal rules, which is the summons to witness form. The amendment makes a correction to the form to make it consistent with rule 53 of the principal rules.
Rule 10 amends form 14 in Schedule 1 of the principal rules, which is the form relating to an application for a Part 4 search. The words No fee are added to make it clear that no fee is payable for such an application.
Rule 11 revokes form 16 in Schedule 1 of the principal rules, which is the form of particulars to be filed with an application to determine beneficial entitlements to Maori freehold land. Paragraph 7 of the existing form has been omitted in the new form. This reflects the fact that because of the enactment of section 3 of Te Ture Whenua Maori Amendment Act 1994 the Court can now make vesting orders regardless of the value of the deceased's interest in freehold land.
Rule 12 amends form 21 in Schedule 1 of the principal rules to reflect terminology now used in section 155 of Te Ture Whenua Maori Act 1993.