Treaty of Waitangi Act 1975

8A Recommendations in respect of land transferred to or vested in State enterprise

(1)

This section applies in relation to—

(a)

any land or interest in land transferred to a State enterprise under section 23 of the State-Owned Enterprises Act 1986 or vested in a State enterprise by a notice in the Gazette under section 24 of that Act or by an Order in Council made under section 28 of that Act, whether or not the land or interest in land is still vested in a State enterprise:

(b)

any land or interest in land transferred to an institution within the meaning of section 10(1) of the Education and Training Act 2020 under section 564 of that Act or vested in such an institution by an Order in Council made under section 572 of that Act, whether or not the land or interest in land is still vested in that institution.

(2)

Subject to section 8B, where a claim submitted to the Tribunal under section 6 relates in whole or in part to land or an interest in land to which this section applies, the Tribunal may,—

(a)

if it finds—

(i)

that the claim is well-founded; and

(ii)

that the action to be taken under section 6(3) to compensate for or remove the prejudice caused by the ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission that was inconsistent with the principles of the Treaty, should include the return to Maori ownership of the whole or part of that land or of that interest in land,—

include in its recommendation under section 6(3), a recommendation that that land or that part of that land or that interest in land be returned to Maori ownership (which recommendation shall be on such terms and conditions as the Tribunal considers appropriate and shall identify the Maori or group of Maori to whom that land or that part of that land or that interest in land is to be returned); or

(b)

if it finds—

(i)

that the claim is well-founded; but

(ii)

that a recommendation for return to Maori ownership is not required, in respect of that land or any part of that land or that interest in land, by paragraph (a)(ii),—

recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that that land or that part of that land or that interest in land be no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 569 of the Education and Training Act 2020; or

(c)

if it finds that the claim is not well-founded, recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that that land or that part of that land or that interest in land be no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 569 of the Education and Training Act 2020.

(3)

In deciding whether to recommend the return to Maori ownership of any land or interest in land to which this section applies, the Tribunal shall not have regard to any changes that, since immediately before the date of the transfer of the land or interest in land from the Crown to a State enterprise, or an institution within the meaning of section 10(1) of the Education and Training Act 2020, have taken place in—

(a)

the condition of the land or of the land in which the interest exists and any improvements to it; or

(b)

its ownership or possession or any other interests in it.

(4)

Nothing in subsection (2) prevents the Tribunal making in respect of any claim that relates in whole or in part to any land or interest in land to which this section applies any other recommendation under subsection (3) or subsection (4) of section 6.

(5)

Notwithstanding section 24(4) of the State-Owned Enterprises Act 1986, on the making of a recommendation for the return of any land or interest in land to Maori ownership under subsection (2), sections 40 and 41 of the Public Works Act 1981 shall cease to apply in relation to that land or that interest in land.

(6)

Where any interest in land exists in respect of any land to which this section applies being—

(a)

an interest in land which was in existence immediately before the land was transferred to the State enterprise under section 23 of the State-Owned Enterprises Act 1986 or vested in the State enterprise by a notice in the Gazette under section 24 of that Act or by an Order in Council made under section 28 of that Act but which was not so transferred to or vested in the State enterprise; or

(b)

an interest in land which was in existence immediately before the land was transferred to an institution within the meaning of section 10(1) of the Education and Training Act 2020 under section 564 of that Act or vested in such an institution by an Order in Council made under section 572 of that Act but which was not so transferred to or vested in the institution,—

as the case may be, no recommendation under this section shall relate to that interest in land.

Section 8A: inserted (with effect on 9 December 1987), on 30 June 1988, by section 4 of the Treaty of Waitangi (State Enterprises) Act 1988 (1988 No 105).

Section 8A(1): replaced, on 10 April 1992, by section 12(1) of the State-Owned Enterprises Amendment Act 1992 (1992 No 27).

Section 8A(1)(b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 8A(2)(b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 8A(2)(b): amended, on 1 June 2002, pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).

Section 8A(2)(b): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

Section 8A(2)(b): amended, on 23 July 1990, by section 50(1) of the Education Amendment Act 1990 (1990 No 60).

Section 8A(2)(c): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 8A(2)(c): amended, on 1 June 2002, pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).

Section 8A(2)(c): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

Section 8A(2)(c): amended, on 23 July 1990, pursuant to section 50(1) of the Education Amendment Act 1990 (1990 No 60).

Section 8A(3): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 8A(3): amended, on 23 July 1990, by section 50(1) of the Education Amendment Act 1990 (1990 No 60).

Section 8A(6): replaced, on 10 April 1992, by section 12(2) of the State-Owned Enterprises Amendment Act 1992 (1992 No 27).

Section 8A(6)(b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).