Māori Land Court Fees Regulations 2013

Reprint as at 12 May 2017

Coat of Arms of New Zealand

Māori Land Court Fees Regulations 2013

(SR 2013/219)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by Te Puni Kōkiri.

Pursuant to section 96 of Te Ture Whenua Maori Act 1993, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Māori Land Court Fees Regulations 2013.

2 Commencement

These regulations come into force on 1 July 2013.

3 Interpretation

In these regulations, unless the context otherwise requires,—

applicant means the person by whom or on whose behalf a proceeding is brought

proceeding means any proceeding in the court, and includes—

(a)

any application made to the court or the Registrar under Te Ture Whenua Maori Act 1993 for any purpose:

(b)

any action or matter referred to in the Schedule.

4 Application

These regulations apply to all proceedings.

5 Fees

(1)

The fees specified in the Schedule are payable for proceedings to which these regulations apply.

(2)

The court must not accept an application initiating a proceeding unless the fee prescribed for that proceeding has been paid.

(3)

This regulation is subject to regulations 6 and 7(1).

6 No fee payable by Registrar

No fee is payable for a proceeding initiated by the Registrar.

7 Power to refund, remit, or reduce fees

(1)

A Judge or Registrar of the court may, if he or she is satisfied that 1 or more of the grounds in subclause (2) apply,—

(a)

remit, refund, or reduce any fee payable under these regulations in respect of a proceeding; or

(b)

remit (in whole or in part) any outstanding fee incurred before the commencement of these regulations in respect of a proceeding.

(2)

The power in subclause (1) may be exercised on the following grounds:

(a)

the applicant is unable to pay; or

(b)

the applicant should not be called on to pay; or

(c)

due to lapse of time, or for any other reason, the fee is not recoverable.

(3)

The court or any Judge or Registrar may decline to hear or consider any proceeding in respect of which there are outstanding fees, whether the fees were incurred by the applicant or by any other person and whether the fees were incurred before the commencement of these regulations or not.

8 GST included

The fees prescribed by these regulations are inclusive of goods and services tax.

9 Revocation

The Maori Land Court Fees Regulations 1993 (SR 1993/175) are revoked.

Schedule Fees payable for proceedings in Māori Land Court

r 5

Part 1 General jurisdiction of court

Section of Te Ture Whenua Maori Act 1993Fee ($)
1Filing an application in respect of the following:
(a) hearing and determining any claim to recover damages from trespass or any other injury to Māori freehold land18(1)(c)200
(b) hearing and determining any proceeding founded on contract or tort where debt, demand, or damage relates to Māori freehold land18(1)(d)200
(c)any other determination under section 18 of Te Ture Whenua Maori Act 199318(1)(a), (b), (e) to (i)60
(d)hearing and determining any proceeding for recovery of Māori freehold land20200
(e)exercise of powers under the Property Law Act 2007 in relation to Māori freehold land21, 22, 23, 24200
(f)exercise of powers under the Fencing Act 1978 in relation to Māori freehold land26200
(g) directing the holding of a conference67(1)60

Part 2 Māori fisheries and aquaculture

Section of Te Ture Whenua Maori Act 1993Fee ($)
2Filing an application in respect of the following: 200
(a)advice on disputes referred under the Maori Fisheries Act 200426B
(b)hearing and determining disputes referred under the Maori Fisheries Act 2004 26C
(c)advice on disputes referred under the Maori Commercial Aquaculture Claims Settlement Act 200426P
3Lodging an objection to proposed taiapure-local fishery under section 180(1) of the Fisheries Act 1996200
4Filing an application for referral of dispute under section 54 of the Māori Commercial Aquaculture Claims Settlement Act 2004200

Part 3 Succession

Section of Te Ture Whenua Maori Act 1993Fee ($)
Administration of estates
5Filing an application in respect of the following:60
(a)succession to an occupation order109A
(b) interests in General land of deceased Māori111
(c) transmission of Māori land to administrator112
(d) determination of beneficial entitlements to Māori land113
(e) succession to Māori land on intestacy where no person primarily entitled114
(f) determination in relation to recognition or entitlements of whāngai115
(g)conferral of right to income from beneficial interest in Māori freehold land116
(h)vesting in beneficiaries following grant of administration117
(i) vesting in beneficiaries where no grant of administration118(1)
(j)vesting of occupation order119A
(k) determination of legal entitlement to shares in Māori incorporation121(2)
Other applications relating to succession
6Filing an application in respect of the following:20
(a)succession to Titi Islands interests under the Maori Purposes Act 1983
(b)any application brought under the Maori Affairs Amendment Act 1967 or the Maori Affairs Act 1953100(2)
(c)vesting of Māori freehold land if Part 4 of Te Ture Whenua Maori Act 1993 does not apply100(2)(e)
(d)vesting of additional interests in Māori freehold land118(6)
(e)Registrar noting extinguishment or surrender of interest for life or until remarriage127(2)
(f)vesting interests held in representative capacity165

Part 4 Alienations

Section of Te Ture Whenua Maori Act 1993Fee ($)
7Filing an application in respect of the following:
(a)alienation by trustees 150A20
(b) alienation by Māori incorporation150B20
(c) alienation by other owners150C20
(d) certificate of confirmation of alienation issued by Registrar16020
(e)confirmation of alienation by court151200
(f)restoration of effect of lost instrument of alienation25200
Vesting orders
8Filing an application in respect of the following:
(a) vesting land on change of ownership and declaring that land as Māori freehold land134200
(b) exemption from providing special valuation of Māori freehold land 15820
(c)vesting order for transfer of Māori freehold land or any interest in Māori freehold land16460
(d)revesting of land vested in Māori Trustee under section 70(1) of the Maori Vested Lands Administration Act 195460
(e)vesting of township land in owners under section 87(1) of the Maori Reserved Land Act 195560

Part 5 Assembled owners or agents

Section of Te Ture Whenua Maori Act 1993Fee ($)
9Filing an application in respect of the following:
(a)calling a meeting of owners173200
(b)confirmation of resolution passed at informal family gathering176200
(c)review of meeting of assembled owners178200
(d)notice to owners of Māori land served on Registrar181200
(e)appointment of agent183, 18560
(f)call for account from agent18960
(g)calling for meeting of assembled owners to consider execution of renewal of lease196(3)200
(h) termination of appointment of agent191(1A)60

Part 6 Trusts

Section of Te Ture Whenua Maori Act 1993Fee ($)
Constitution of trusts
10Filing an application in respect of the following:
(a)constituting a trust (putea, whānau, ahu whenua, or whenua topu)212, 214 to 21660
(b)constituting a kai tiaki trust21720
(c)empowering whānau or ahu whenua trust to apply trust income for Māori community purposes214(4), 215(6)20
(d) specifying the Māori community purposes for which land, money, and other assets of whenua topu trusts are to be held 216(5)20
(e) order deeming specified interests vested in whenua topu trustees to be held for persons named in order 216(7)60
(f)vesting of land and assets in trustees22060
(g)amalgamation of trusts22160
11Registration of land in the name of a trust or tipuna 220A(6)20
Other applications relating to trusts
12Filing an application in respect of the following:
(a)directions on appointment of advisory trustees22460
(b)directions on jurisdiction in respect of custodian trusteeship22560
(c)authorisation of new ventures of trust 22960
(d)review of trust 23160
(e)review of kai tiaki trust 23420
(f)enforcement of obligations of trust238(2)60
(g)addition, reduction, or replacement of trustees23960
(h)removal of trustee24060
(i)termination of trust24160
(j)order for payment of money held in trust24220
(k)order declaring land acquired by trustees to form corpus of trust 24360
(l)variation of trust 24460
(m)approval to apply trust income for charitable purposes24520
(n)review of trust constituted under section 438 of the Maori Affairs Act 195335120
(o)any application under the Trustee Act 195660

Part 7 Māori incorporations

Section of Te Ture Whenua Maori Act 1993Fee ($)
13Filing an application in respect of the following:
(a) order incorporating owners of Māori freehold land as Māori incorporation 247200
(b) inclusion of owners of additional Māori land in incorporation251200
(c)amalgamation of incorporations252200
(d)acquisition of land by incorporation256(2)60
(e)determination relating to land held as an investment 256(4)60
(f)removal of member of committee of management269(4)200
(g)investigation of conduct of election of member of committee of management269(6)200
(h)order directing special general meeting of shareholders275(2)200
(i)appointment of persons to investigate incorporation’s affairs 280200
(j)requiring officers to explain non-compliance with statutory requirements 281200
(k)winding up of incorporation 282200
(l)directions for liquidator in relation to winding up 282(6)60
(m)leave to grant lease of land vested in incorporation 283(2)60

Part 8 Title reconstruction and improvement

Section of Te Ture Whenua Maori Act 1993Fee ($)
Partitions
14Filing an application in respect of the following:
(a) partition order 289200
(b) apportionment of rights and obligations upon partition29560
(c)dwelling site on Māori freehold land 29660
(d)partition of combined areas of land 298200
(e)cancellation of partition order306200
Amalgamation, aggregation, and exchange orders
15Filing an application in respect of the following:200
(a)amalgamation order307
(b)aggregation order 308
(c)exchange order 310
Easements and roadways, landlocked land
16Filing an application in respect of the following: 200
(a)creation, cancellation, or variation of easement315, 315A
(b)order laying out a roadway 316
(c)compensation in respect of roadway319
(d)recommendation that roadway be declared road or street 320, 321
(e)variation or cancellation of roadway order322
(f)powers of court on cancellation of roadway323
(g)order closing road324
(h)vesting order for lands comprised in roads or streets325
(i)granting reasonable access to landlocked Māori land326B
Other applications relating to titles
17Filing an application in respect of the following:
(a) order amending name given to land125A60
(b) amendment of existing title to include additional land13860
(c)occupation order32860
(d)amendment or cancellation of occupation order33060
(e)review of occupation order330A60
(f)order requiring a survey33220
(g)charging order for costs of survey 333, 33660

Part 9 Māori reservations

Section of Te Ture Whenua Maori Act 1993Fee ($)
18Filing an application in respect of the following:60
(a)recommendation that land be set aside as Māori reservation 338, 339
(b)power of trustees to make application to the court for directions under regulation 8(c) of the Maori Reservations Regulations 1994
(c)inquiry into the administration of a reservation under regulation 21 of the Maori Reservations Regulations 1994

Part 10 Applications under Māori Land Court Rules 2011

Provision of Māori Land Court Rules 2011Fee ($)
19Filing an application in respect of the following: 20
(a)directions in case of doubtrule 2.3(1)
(b)review of Registrar’s decision to refuse to accept an application for filingrule 4.10(3)
(c)directions from the court as to any aspect of notice or servicerule 4.16(1)
(d)discovery of documents rule 6.20(1)
(e)summons to witness rule 6.22(1)
(f)taking evidence in another district rule 6.24(1)
(g)review of taxation of costsrule 6.33(1)
(h)review of Registrar’s decision in respect of access to the permanent recordrule 7.21(6)
(i)leave to adduce further evidencerule 8.18(3)
(j)search by Registrar of beneficial interests of a deceased person in Māori freehold landrule 10.1
20Filing an application in respect of the following:60
(a)cancelling an injunctionrule 9.9(1)
(b)leave to appeal out of timerule 8.14

Part 11 Rating of Māori freehold land

Section of Local Government (Rating) Act 2002Fee ($)
21Filing an application in respect of the following:
(a)charging order for unpaid rates99200
(b)charging order in favour of owner paying rates10360
(c)enforcement of charging order that remains unsatisfied for 6 months 10860
(d)order for payment of unpaid rates by Māori Trustee or other person entitled to money from land11160
(e)recommendation that Māori freehold land be exempt from some or all liability for rates11660

Part 12 Miscellaneous

Section of Te Ture Whenua Maori Act 1993Fee ($)
Applications to Chief Judge
22Filing an application in respect of the following:
(a)advice on or determination of appropriate representatives of Māori groups30200
(b)correction by Chief Judge of mistake or omission 45200
(c)transmission of injunction to High Court8560
Noting of records and other documents made under Acts
23Filing an application in respect of the noting of any record, certificate, declaration, Order in Council, instrument, permit, consent, or notice under the—20
(a)Forests Act 1949
(b)Land Transfer Act 1952
(c)Government Roading Powers Act 1989
(d)Maori Affairs Restructuring Act 1989
(e)Crown Minerals Act 1991
(f)Resource Management Act 1991
(g)Heritage New Zealand Pouhere Taonga Act 2014
(h)Climate Change Response Act 2002
(i)Building Act 2004
Payment of money
24Filing an application in respect of the following:
(a)transmission of order for payment of money to a District Court8160
(b)charging order for enforcing court order for payment of money8260
(c)appointment of receiver to enforce charges8360
Other
25Filing an application in respect of the following:
(a)determination of status of land 13120
(b)order declaring General land to be Māori freehold land 13320
(c)amendment of order, warrant, record, or other document to give effect to true intention of court8620
(d) amendment of names of land owners in court records and titles 8720
(e)investigation of title to Māori customary land132200
(f)investigation of conduct and result of election under section 53A of the Maori Trust Boards Act 1955200
(g)injunction order19200
(h)ordering a rehearing 4360
(i)establishing ownership of taonga tūturu under Part 2 of the Protected Objects Act 1975200
(j)notice of appeal to Māori Appellate Court 58350
(k)appeal against provisional or preliminary determination of Māori Land Court 59350
(l)enforcement of obligations of trust under section 80(2) of the Maraeroa A and B Blocks Claims Settlement Act 201260
(m)order for name to be included in roll of beneficiaries under section 13(4) of the Orakei Act 199160
(n) order vesting land (or interest in land) acquired by Māori Trustee in persons or body corporate beneficially interested under section 39(5) of the Māori Trustee Act 195360
(o)determination of use of audio-visual links in civil proceeding under section 7 of the Courts (Remote Participation) Act 201020
26Filing an application in relation to the Wi Pere Trust under the Māori Purposes (Wi Pere Trust) Act 199120
27Filing an application under any section of Te Ture Whenua Maori Act 1993 not specifically mentioned in this schedule60
28Filing an application under any legislative provision (not being Te Ture Whenua Maori Act 1993) not specifically mentioned in this schedule200
29Copying any document in the permanent record of the court—
(a)for each black and white page0.20
(b)for each colour page0.40

Schedule Part 12 item 23(g): replaced, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Schedule Part 12 item 26: amended, on 12 May 2017, by section 11(2) of the Māori Purposes Act 2017 (2017 No 18).

 Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 May 2013.

Reprints notes
1 General

This is a reprint of the Māori Land Court Fees Regulations 2013 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Māori Purposes Act 2017 (2017 No 18): section 11

Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26): section 107