Marine and Coastal Area (Takutai Moana) Bill

  • not the latest version
106 Court's flexibility in dealing with application
  • (1) The Court may, if it considers that an application for recognition of a protected customary right is more appropriately decided as an application for recognition of customary marine title, treat it as the latter.

    (2) The Court may, if it considers that an application for recognition of customary marine title is more appropriately decided as an application for recognition of a protected customary right, treat it as the latter.

    (3) The Court may strike out all or part of an application for a recognition order if it—

    • (a) discloses no reasonably arguable case; or

    • (b) is likely to cause prejudice or delay; or

    • (c) is frivolous or vexatious; or

    • (d) is otherwise an abuse of the Court.

    (4) If the Court strikes out an application under subsection (3), it may by the same or a subsequent order dismiss the application.

    (5) Instead of striking out all or part of an application under subsection (3), the Court may stay all or part of the application on such conditions as are considered just.

    (6) This section does not affect the Court's inherent jurisdiction.