Te Ture Whenua Maori Amendment Act 2002

1: Title
1: This Act is—
a: Te Ture Whenua Maori Amendment Act 2002; or
b: the Maori Land Amendment Act 2002.
2: In this Act, Te Ture Whenua Maori Act 1993 principal Act
2: Commencement
This Act comes into force on 1 July 2002.
1: Amendments to principal Act
Amendments relating to preamble and interpretation
3: Preamble of principal Act amended
1: The first paragraph of the preamble of the principal Act is amended—
a: by inserting, after the words hapu hoki, a, a ki te whakangungu i nga wahi tapu
b: by omitting the word Koti Te Kooti
2: The second paragraph of the preamble of the principal Act is amended by inserting, after the words and their hapu , and to protect wahi tapu
4: Interpretation of Act generally
Section 2(2) , and that protects wahi tapu
5: Interpretation
1: Section 4 Ahi ka forestry right section 2 of the Forestry Rights Registration Act 1983 kaitiaki long-term lease
a: for a term of more than 52 years; or
b: for a term that would be more than 52 years if 1 or more rights of renewal were exercised tikanga Maori tipuna wahi tapu section 338(1)﻿(b) whanaunga whangai
2: Section 4 alienation
vii: the granting, renewal, variation, transfer, assignment, or mortgage of a forestry right over Maori land; and .
3: The definition of General land owned by Maori section 4 more than 4 a Maori or by a group of
4: The section heading of section 4 of English terms Amendments relating to Maori Land Court
6: Appointment of Judges
Section 7 subsection (2)
2A: A person must not be appointed a Judge unless the person is suitable, having regard to the person's knowledge and experience of te reo Maori, tikanga Maori, and the Treaty of Waitangi.
7: Jurisdiction in respect of injunctions
Section 19(1)﻿(a) land , Maori reservation, or wahi tapu
8: New
section 22A The principal Act is amended by inserting, after section 22
22A: Power of Court to grant specific performance of leases of Maori freehold land
The Court has the same jurisdiction as that of the High Court to grant and enforce specific performance or to award damages in addition to, or in substitution for, specific performance, in respect of leases of Maori freehold land or leases of General land owned by Maori that ceased to be Maori land under Part I of the Maori Affairs Amendment Act 1967
9: Power of Court to make order to restore effect of lost instruments of alienation
Section 25(1)
a: by omitting from paragraph (b) ; and
b: by repealing paragraph (c)
10: New
section 30 The principal Act is amended by repealing section 30
30: Maori Land Court's jurisdiction to advise on or determine representation of Maori groups
1: The Maori Land Court may do either of the following things:
a: advise other courts, commissions, or tribunals as to who are the most appropriate representatives of a class or group of Maori:
b: determine, by order, who are the most appropriate representatives of a class or group of Maori.
2: The jurisdiction of the Maori Land Court in subsection (1)
3: A request for advice or an application for an order under subsection (1)
11: New sections 30A to 30J inserted
The principal Act is amended by inserting, after section 30
30A: Intent of sections
The intent of section 30 and sections 30B to 30I
a: to enable and encourage applicants and persons affected by an application under section 30
b: to enable the Chief Judge to facilitate, as far as possible, successful resolution of differences surrounding an application by the persons affected, without adjudication.
30B: Powers of Judge in addressing requests for advice
1: The jurisdiction in section 30(1)﻿(a)
2: The Chief Judge may address the request or may allocate the request to another Judge, and must do 1 or the other within 20 working days of receiving the request.
3: The Judge addressing a request for advice may (but is not obliged to) do 1 or more of the following things, before supplying the advice sought:
a: exercise the powers in section 67
b: consult with the requestor and persons affected by the advice:
c: refer some or all of the issues arising from the request to a mediator for mediation.
30C: Powers of Judge in addressing applications for determination
1: The jurisdiction in section 30(1)﻿(b)
2: The Chief Judge may address the application or may allocate the application to another Judge and must do 1 or the other within 20 working days of receiving the application.
3: The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following things:
a: determine the most appropriate representatives of a class or group of Maori, and order accordingly, if subsection (5)
b: refer the application to the Maori Land Court for hearing and determination:
c: exercise the powers in section 67
d: refer some or all of the issues arising from the application to a mediator for mediation:
e: dismiss or defer consideration of the application, if subsection (6)
4: The Judge may choose not to address an application if the Judge is satisfied that the issues it presents are governed by another enactment, or another part of this Act, or are more appropriately addressed in another forum.
5: The Judge may make a determination under subsection (3)﻿(a)
a: the applicant has taken reasonable steps to notify those persons affected by the application of the application; and
b: those persons do not oppose the application.
6: The Judge may dismiss or defer consideration of an application under subsection (3)﻿(e)
a: it is vexatious, frivolous or an abuse of the Maori Land Court, or fails to satisfy rules of court; or
b: it does not present serious issues for determination; or
c: the Judge considers it appropriate to dismiss or defer consideration of the application for another reason.
30D: Appointment of mediator
1: A Judge who decides to refer issues to a mediator under section 30B(3)﻿(c), section 30C(3)﻿(d), section 30G(3)﻿(a), or section 30I(2)
2: The persons affected by the application may, by agreement among them, appoint as mediator a person or persons with the skills and experience to undertake mediation on issues of representation for a class or group of Maori.
3: The Judge must appoint a mediator if a mediator is not appointed by agreement under subsection (2)
4: The Judge must be satisfied, before appointing a mediator, that the mediator has the skills and experience to undertake mediation on issues of representation for a class or group of Maori.
5: A Judge other than the Judge addressing an application may be a mediator; a Judge acting as a mediator is, however, to be treated as acting judicially, and retains the same immunities as when acting as a Judge.
6: Despite subsection (5)
30E: Conduct of mediation
1: A Judge may advise a mediator of the issues that need to be addressed at mediation.
1A: The following persons are entitled to attend and participate in a mediation:
a: persons affected and their representatives:
b: any other person with the leave of the Judge addressing the application.
2: A mediator may—
a: follow those procedures (structured or unstructured) and do those things the mediator considers appropriate to resolve the issues referred to the mediator promptly and effectively; and
b: receive any information, statement, admission, document, or other material, in any way or form the mediator thinks fit, whether or not it would be admissible in judicial proceedings.
3: Written and oral material presented at or for the mediation must be kept confidential by the mediator and those participating in the mediation unless the person who produces the material consents to its disclosure.
4: A person may not be sued for defamation for statements made in mediation.
5: Statements made and material presented at mediation are admissible in a subsequent mediation of the same issues but are not admissible in other proceedings before a person acting judicially unless the parties participating in the mediation consent to the admission of the statement or material.
30F: Successful mediation
1: If some or all of the issues referred to mediation are resolved at mediation, the mediator must—
a: record the terms of that resolution; and
b: deliver them to the Judge.
2: The Judge may include the terms of resolution so delivered in an order signed by the Judge and sealed with the seal of the Maori Land Court.
30G: Unsuccessful mediation
1: If some or all of the issues referred to mediation are not resolved by mediation and the mediator believes that those issues are unlikely to be resolved, the mediator must—
a: report that lack of resolution to the Judge; and
b: state the issues that are unresolved and any issues that have been resolved.
2: The persons affected participating in the mediation may, if mediation fails and they all agree, withdraw and discontinue the application.
3: Subject to subsection (2) subsection (1)
a: refer some or all of the unresolved issues to a mediator for mediation; or
b: refer the unresolved issues to the Maori Land Court for hearing and determination or for the provision of advice, as the case may be.
4: A Judge referring unresolved issues to the Maori Land Court under subsection (3)﻿(b)
30H: Orders
1: In making orders under section 30 and sections 30B to 30I
a: specify the duties and powers of the representatives of a class or group of Maori and impose conditions on the exercise of those powers:
b: incorporate or restate the terms of an agreement reached by the persons participating in an application.
c: incorporate the terms that express the outcome of mediation:
d: specify that the order applies for general or specific purposes:
e: specify the purpose or purposes for which the order is made:
f: specify a date after which the order ceases to have effect.
2: Neither a Judge nor the Court has jurisdiction to make an order that binds the Crown in relation to applications concerning Treaty settlement negotiations unless the Crown agrees to be bound.
30I: Review of advice or determination
1: The Maori Land Court may review any advice or determination supplied by it under section 30(1)
a: in the case of advice, it is requested to do so by the court, commission, or tribunal at whose request that advice was supplied; and
b: in other cases, the Chief Judge is satisfied, on receipt of a written application, that a review is necessary.
2: The Court may refer some or all of the issues arising on a review of advice or a determination under subsection (1)
3: Sections 30D to 30G subsection (2)
4: The Court may, on any review under subsection (1) section 30(1)﻿(a) section 30(1)﻿(b)
5: A review under subsection (1)
6: This section applies to advice given and determinations made under section 30 of the principal Act
30J: Definition of persons affected
In sections 30A to 30G persons affected section 30
12: Consequential changes
1: Section 33 subsection (1)
1: If the Maori Land Court exercises its jurisdiction under section 30(1) or section 30I(1) section 30C(3)﻿(a)
2: Section 36 subsection (2) section 30(1) or where the Court is constituted under section 33 Amendments relating to Maori Land Court Special Aid Fund
13: Maori Land Court Special Aid Fund
Section 98(9) paragraph (a)
aa: the reasonable fees and reasonable expenses of any person the Registrar is directed, by the Judge, to engage to assist with an inquiry and report under section 40
ab: the reasonable fees and reasonable expenses of a mediator to whom a Judge refers matters under section 30B(3)﻿(c), section 30C(3)﻿(d), section 30G(3)﻿(a), or section 30I(2) . Amendments relating to administration of estates
14: Liability of Maori land for payment of debts of estate
Section 104(3) dies on or
15: Disposition by will
Section 108 subsection (2)
2A: A person in whom an occupation order has been vested may leave the occupation order by will to any 1 or more persons who come within subsection (2)
2B: A person is entitled to succeed to an occupation order by will—
a: if the person owns a beneficial interest in the land to which the occupation order applies; and
b: if the Court is satisfied, in the circumstances, that the extent of the person's beneficial interest in the land justifies that person succeeding to the occupation order.
2C: An occupation order that passes by will is cancelled automatically on the date of expiry or termination of the occupation order .
16: New
section 109A The principal Act is amended by inserting, after section 109
109A: Succession to ota whakanoho on intestacy
1: Subject to subsection (2), section 109
2: A person is entitled to succeed to an occupation order—
a: if the person owns a beneficial interest in the land to which the occupation order applies; and
b: if the Court is satisfied, in the circumstances, that the extent of the person's beneficial interest in the land justifies that person succeeding to the occupation order.
3: An occupation order that passes by succession is cancelled automatically on the date of expiry or termination of the occupation order.
17: New
section 119A The principal Act is amended by inserting, after section 119
119A: Vesting of ota whakanoho
Sections 117 to 119 Amendments relating to recording of ownership
18: New
section 125A The principal Act is amended by inserting, after section 125
125A: Alteration to land appellation
1: The Court may, on application under subsection (2)
a: the title to that land; and
b: if necessary, the cadastral record map, produced under section 11(1)﻿(c) of the Survey Act 1986
2: A legal or beneficial owner of Maori freehold land may apply to the Court for an order under subsection (1) subsection (7)﻿(c)
3: On receiving an application under subsection (1)
a: notify every person with a beneficial interest in the Maori freehold land, whose identity and address is known to the Court, of the application; and
b: notify the Registrar-General of Land and Chief Surveyor of the application; and
c: invite submissions on the application from the persons notified.
4: The Registrar must specify a date by which submissions on the application must be received.
5: The Court must not make an order under this section affecting the whole or part of a block of Maori freehold land unless it is satisfied—
a: that the owners of the land have had sufficient notice of the application and sufficient opportunity to discuss and consider it; and
b: that there is a sufficient degree of support for the application among the owners; and
c: that the format of the appellation, as amended, conforms with the requirements specified by the Surveyor-General under section 11(1)﻿(g) of the Survey Act 1986
6: The Court must not make an order under this section affecting the whole or part of a block of Maori freehold land vested in a Maori incorporation unless it is satisfied—
a: that the shareholders of the incorporation have been given sufficient notice of the application; and
b: that the shareholders have passed a special resolution supporting the application.
7: If the Court makes an order under subsection (1)
a: a copy of the order to the land registry office for the land registration district in which the land is situated, and the Registrar-General of Land must register the order; and
b: any documentation required by the Surveyor-General, to the Surveyor-General, for updating the cadastral record map of the relevant land district; and
c: payment of a fee (if any) prescribed, for registration or updating under paragraphs (a) and (b)
19: All land to have particular status for purposes of Act
Section 129(2)﻿(c) more than 4 a Maori or by a group of Amendments relating to status of land
20: Change from General land to Maori freehold land by status order
1: Section 133(1) General land or General land owned by Maori
2: The section heading of section 133 General land or General land owned by Maori Amendments relating to alienation of Maori land
21: Alienation of whole or part of block
Section 147(1) paragraph (c)
c: the owners in common of a block of Maori freehold land have the capacity to alienate the whole or any part of the land in accordance with section 150C
d: the trustees of a trust constituted under Part XII section 150A
e: a Maori incorporation has the capacity to alienate the whole or any part of Maori freehold land vested in it, in accordance with section 150B
22: New
section 147A The principal Act is amended by inserting, after section 147
147A: Right of first refusal for sale or gift
A person referred to in section 147
23: Manner of alienation of undivided interests
Section 150 subsections (3) (4) (5)
24: New
sections 150A to 150D The principal Act is amended by inserting, after section 150
150A: Alienation by trustees
1: The trustees of a trust constituted under Part XII
a: by sale or gift, unless the sale or gift has the consent of—
i: at least three-quarters of the owners, if no owner has a defined share in the land; or
ii: the persons who together own at least 75% of the beneficial freehold interest in the land:
b: by long-term lease, unless the Court, in its discretion, approves and the long-term lease has the consent of—
i: at least half of the owners, if no owner has a defined share in the land; or
ii: the persons who together own at least 50% of the beneficial freehold interest in the land.
2: Subsection (1) and section 147A
3: The trustees of a trust constituted under Part XII
a: if the alienation is by way of sale or gift, get the instrument confirmed by the Court under Part VIII
b: if the alienation is by way of lease, licence, or forestry right, for a term of more than 21 years (including any term or terms of renewal), or mortgage, send a copy of the instrument to the Registrar for noting; and the Registrar must note the contents of that instrument.
150B: Alienation by Maori incorporation
1: A Maori incorporation must not alienate Maori freehold land vested in it—
a: by sale or gift, unless the sale or gift is authorised by a special resolution passed by shareholders holding 75% or more of the total shares in the incorporation:
b: by long-term lease, unless the Court, in its discretion, approves and the long-term lease is authorised by a resolution passed by shareholders holding 50% or more of the total shares in the incorporation.
2: Subsection (1) and section 147A
3: A Maori incorporation that executes an instrument of alienation of Maori freehold land must,—
a: if the alienation is by way of sale or gift, get the instrument confirmed by the Court under Part VIII
b: if the alienation is by way of lease, licence, or forestry right, for a term of more than 21 years (including any term or terms of renewal), or mortgage, send a copy of the instrument to the Registrar for noting; and the Registrar must note the contents of that instrument.
150C: Alienation by other owners
1: The owners in common of a block of Maori freehold land must not alienate Maori freehold land owned by them—
a: by sale or gift, unless the sale or gift has the consent of—
i: at least three-quarters of the owners, if no owner has a defined share in the land; or
ii: the persons who together own at least 75% of the beneficial freehold interest in the land; and
b: by long-term lease, unless the Court, in its discretion, approves and the long-term lease has the consent of—
i: at least half of the owners, if no owner has a defined share in the land; or
ii: the persons who together own at least 50% of the beneficial freehold interest in the land; and
c: in any other way except—
i: by agreement of all the owners; or
ii: pursuant to a resolution carried at a meeting of assembled owners held under and in accordance with Part IX
2: Subsection (1) and section 147A
3: A person referred to in section 147(1)﻿(a), (b), or (c)
a: if the alienation is by way of sale or gift, get the instrument confirmed by the Court under Part VIII
b: if the alienation is by way of lease, licence, forestry right, profit, mortgage, charge, or encumbrance, get a certificate of confirmation issued and noted by the Registrar under section 160
150D: Life interests
A person with a life interest or a determinable life interest in Maori freehold land—
a: is not capable of alienating the Maori freehold land in which the life interest is held without the consent of all persons entitled in remainder; and
b: holds that interest as a kaitiaki in accordance with tikanga Maori. Amendments relating to duties and powers of Court in relation to alienations of Maori freehold land
25: New
section 152 The principal Act is amended by repealing section 152
152: Court to grant confirmation if satisfied of certain matters
1: The Court must grant confirmation of an alienation of Maori freehold land if it is satisfied—
a: that,—
i: in the case of an instrument of alienation, the instrument has been executed and attested in the manner required by the rules of court; or
ii: in the case of a resolution of assembled owners, the resolution was passed in accordance with this Act or regulations made under this Act; and
b: that the alienation is not in breach of any trust to which the land is subject; and
c: that the value of all buildings, all fixtures attached to the land, all things growing on the land, all minerals in the land, and all other assets or funds relating to the land, has been properly taken into account in assessing the consideration payable; and
d: that, having regard to the relationship (if any) of the parties and to any other special circumstances of the case, the consideration (if any) is adequate; and
e: that the purchase money (if any) has been paid to, or secured to the satisfaction of, the Maori Trustee or Court appointed agent or trustees in accordance with section 159
f: that, if section 147A
2: Before granting confirmation, the Court may, with the consent of the parties, vary the terms of the instrument of alienation or resolution.
3: In considering an application for confirmation of an alienation to a person who is an overseas person (within the meaning of the Overseas Investment Act 1973
a: must, as far as possible, act in conformity with the relevant provisions of that Act and those regulations; and
b: must have regard to the matters that any person is required by that Act or those regulations to consider in relation to applications under that Act or those regulations.
26: New
section 155 The principal Act is amended by repealing section 155
155: Manner of confirmation
1: If the Court is satisfied that it should grant confirmation, it must,—
a: for an instrument of alienation, endorse the instrument with an appropriate certificate of confirmation; or
b: for a resolution of owners, make an order accordingly.
2: A certificate or order under subsection (1)
27: Certain instruments require only certificate of confirmation by Registrar
1: Section 160 subsections (1) (2)
1: This section applies to the instruments of alienation specified in section 150C(3)﻿(b)
2: An instrument of alienation to which this section applies has no force or effect (unless confirmed by the Court under subsection (6)
a: has been issued by the Registrar under this section; and
b: has been noted by the Registrar in the records of the Court.
2: Section 160(3)﻿(d) Act or regulations made under this Act
3: Section 160
10: The Registrar may correct accidental clerical errors made in certificates of confirmation under this section, whether or not the relevant certificate of confirmation has become effective.
28: Transfer of land or undivided interest by Court vesting orders
Section 164(3) to 154 Amendments relating to trusts
29: Whenua topu trusts
Section 216(2) that the interests in land to which the application relates constitute the whole or a substantial part of the total interests in land owned by members of any iwi or hapu, and
30: Maori community purposes
Section 218(2)﻿(b)﻿(iii) maraes marae
31: New
section 220A The principal Act is amended by inserting, after section 220
220A: Registration of land in name of trust or tipuna
1: This section applies to land or an interest in land that constitutes the whole or part of the property of a trust.
2: The trustees of a trust may give a direction that land that is registered or registrable under the Land Transfer Act 1952
a: be registered in the name of—
i: the trust applying to that land; or
ii: a tipuna; or
b: No longer be registered in the name of the trust applying to that land, or a tipuna, and instead be registered in the names of the trustees.
3: The Registrar-General of Land must implement a direction under subsection (2)
a: a copy of the direction from the Registrar; and
b: a certificate of the Registrar confirming the direction.
4: To give a direction under subsection (2)
a: a direction in writing, addressed to the Registrar-General of Land, executed by the trustees, saying whether the direction is given under paragraph (a) or (b) of subsection (2)
b: a certificate executed by the trustees identifying the beneficiaries of the trust; and
c: evidence of a resolution of beneficiaries approving the direction.
5: Subsections (2) and (3) Land Transfer Act 1952
6: If the documents received under subsection (4)
a: issue a certificate to the Registrar-General of Land confirming the direction; and
b: forward a copy of the direction and that certificate to the Registrar-General of Land.
7: Trustees who give a direction under subsection (2)
a: retain the rights, duties, and powers of the registered proprietor of the land even though the land may not be registered in their name; and
b: must exercise those rights, duties, and powers in their own names.
8: The Registrar-General of Land—
a: is entitled to rely on the Registrar's certificate issued under subsection (6)﻿(a)
b: must have regard to subsection (7)
9: The Registrar may issue a certificate stating the names of the trustees of land registered in the name of a trust or a tipuna, and the Registrar-General of Land is entitled to rely on that certificate as sufficient evidence that the persons named are those trustees.
10: A certificate under subsection (9)
a: executed by the trustees of land registered in the name of a trust or a tipuna; and
b: lodged for registration with the Registrar-General of Land.
32: Power of Court to amalgamate trusts
Section 221 subsection (1)
1: The Court may order the amalgamation of 2 or more trusts (other than kai tiaki trusts) constituted under this Part, if—
a: all trustees of the trusts to be amalgamated apply for the order; and
b: the Court is satisfied that—
i: the beneficiaries of the trusts to be amalgamated have had sufficient notice of the proposal to amalgamate and sufficient opportunity to discuss and consider it; and
ii: there is a sufficient degree of support for the application among the beneficiaries of the trusts to be amalgamated.
33: New
section 227A The principal Act is amended by inserting, after section 227
227A: Interested trustees
1: A person is not disqualified from being elected or from holding office as a trustee because of that person's employment as a servant or officer of the trust, or interest or concern in any contract made by the trust.
2: A trustee must not vote or participate in the discussion on any matter before the trust that directly or indirectly affects that person's remuneration or the terms of that person's employment as a servant or officer of the trust, or that directly or indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust.
34: New
section 231 The principal Act is amended by repealing section 231
231: Review of trusts
1: The trustees or a beneficiary of a trust (other than a kai tiaki trust) constituted under this Part may apply to the Court to review the terms, operation, or other aspect of the trust.
2: There can be no more than 1 review of a trust within a period of 24 consecutive months.
3: The Court may, on any review,—
a: confirm the trust order for the trust without variation; or
b: exercise its powers under section 244
c: terminate the trust if the Court is satisfied that there is a sufficient degree of support for termination among the beneficiaries.
35: New
section 239 The principal Act is amended by repealing section 239
239: Addition, reduction, and replacement of trustees
1: The Court may at any time, on application, in respect of any trust to which this Part applies, add to or reduce the number of trustees or replace 1 or more of the trustees.
2: The Court may amend the Court's records for a trust if a trustee dies and the Court receives a death certificate for the deceased trustee.
3: In exercising the powers in subsections (1) and (2)
36: New
section 244 The principal Act is amended by repealing section 244
244: Variation of trust
1: The trustees of a trust to which this Part applies may apply to the Court to vary the trust.
2: The Court may vary the trust by varying or replacing the order constituting the trust, or in any other manner the Court considers appropriate.
3: The Court may not exercise its powers under this section unless it is satisfied—
a: that the beneficiaries of the trust have had sufficient notice of the application by the trustees to vary the trust and sufficient opportunity to discuss and consider it; and
b: that there is a sufficient degree of support for the variation among the beneficiaries. Amendments relating to Maori incorporations
37: Qualification, disqualification, and removal of members
Section 272(2)﻿(b) fufilled fulfilled
38: New
section 274A The principal Act is amended by inserting, after section 274
274A: Interested members
1: A person is not disqualified from being elected or from holding office as a member of the committee of management because of that person's employment as a servant or officer of the incorporation, or interest or concern in any contract made by the incorporation.
2: A member of a committee of management must not vote or participate in the discussion on any matter before the committee that directly or indirectly affects that person's remuneration or the terms of that person's employment as a servant or officer of the incorporation, or that directly or indirectly affects any contract in which that person may be interested or concerned other than as a member of another committee of management.
39: Accounts and balance sheet
Section 276 subsection (7)
7: The committee of management of a Maori incorporation must ensure that copies of the statement of financial position, statement of financial performance, and other documents are filed with the Registrar in whose court district the land is situated, for the purpose of public inspection, within 14 days after their submission to a general meeting of shareholders.
8: Copies filed under subsection (7)
40: Appointment and duties of auditor
1: Section 277(1) Maori incorporation (except the Maori incorporations referred to in subsection (1A)
2: Section 227 subsection (1)
1A: This section does not apply to a Maori incorporation that had gross revenue of $25,000 or less for its most recently completed financial year unless the shareholders of that Maori incorporation resolve by special resolution that the accounts of the Maori incorporation should be audited under this section.
41: Investigation of incorporation's affairs
Section 280(3)
a: by omitting from paragraph (b) ; or
b: by repealing paragraph (c)
42: Power of Court to require officers to attend to explain non-compliance with statutory requirements
Section 281(1) paragraph (a)
aa: failure to comply with section 274A(2) . Amendments relating to title reconstruction and improvement
43: Matters to be considered
1: Section 288 subsection (4)
4: The Court must not make a partition order unless it is satisfied that the partition order—
a: is necessary to facilitate the effective operation, development, and utilisation of the land; or
b: effects an alienation of land, by gift, to a member of the donor's whanau, being a member who is within the preferred classes of alienees.
2: Section 288(1) Subject to In addition to the requirements of
44: Dwelling sites
Section 296 subsections (5) (6)
5: On cancelling a vesting order under subsection (4)
a: that the land be held again under the former instrument of title as if the vesting order had not been made; or
b: that the land is vested in any other person whom the Court considers to be justly entitled to it.
6: If an order under subsection (5)﻿(a)
7: On cancelling a vesting order under subsection (4) section 128
45: Compliance with provisions of
Resource Management Act 1991 Section 301(3)﻿(b) Planning Tribunal Environment Court
46: Contributions for reserve purposes
1: Section 302(2) paragraphs (a) (b)
a: the Court must not impose any condition requiring a contribution of land for reserve purposes or in lieu of reserves from land that is of special historical significance or spiritual or emotional association with the Maori people or any group or section of the Maori people, which includes all land that is a wahi tapu; and
b: the Registrar-General of Land and Registrar of Deeds must not require, under Part X of the Resource Management Act 1991
2: Section 302 subsection (3)
47: Subdivision consent and conditions of subdivision consent
1: Section 303 subsections (2) to (5)
2: The Court must—
a: make such orders as it considers necessary, having regard to Part X of the Resource Management Act 1991
b: have regard to sections 229 to 237H of the Resource Management Act 1991 section 301
3: Any land that would be required to be set apart, reserved, or vested in another person, because of subsection (2) Resource Management Act 1991
4: Land to which subsection (3)
a: as if it were land set apart under section 338(1) and section 340(1)
b: As if the procedural requirements of those subsections had been satisfied.
5: The Court may declare that any land set apart under subsection (3)
2: Section 303 subsection (8)
3: Section 303 subsection (9)
9: On the completion of any vesting order made by the Court for the purposes of this section, the Registrar must forward the order to the Registrar-General of Land who must register the order.
48: Power to impose restrictions on sales of hapu partitions to non-hapu members
1: Section 304(2) alienated sold
2: Section 304 subsections (3) to (7)
3: If an application is made to the Court to confirm a sale of Maori land to which this section applies, to persons who are not members of the same hapu, the Court—
a: may, if it considers it appropriate, publicly notify the application and invite submissions from the territorial authority and any other person who is likely to be affected by the application; and
b: may confirm or refuse to confirm the sale under section 152 sections 229 to 237H of the Resource Management Act 1991
4: If an application involves the sale of land to persons who are not members of the same hapu, and the Court decides under subsection (3) Resource Management Act 1991
5: Land to which subsection (4)
a: as if it were land set apart under section 338(1) and section 340(1)
b: as if the procedural requirements of those subsections had been satisfied.
6: If the Court confirms the sale of land to persons who are not members of the same hapu,—
a: the Court must not impose any condition requiring a contribution of land for reserve purposes or in lieu of reserves from land that is of special historical significance or spiritual or emotional association with the Maori people or any group or section of the Maori people, which includes all land that is a wahi tapu; and
b: Any condition imposed by the Court requiring a contribution of land for reserve purposes or in lieu of reserves may only require any such land to be set aside from that part of the land that is to be sold.
49: New
section 315A The principal Act is amended by inserting, after section 315
315A: Court may cancel or vary easements
1: The Court may, on application, vary or cancel an easement created under section 315 section 315(3)
2: The Court may vary or cancel an easement under this section even though the land subject to the easement has ceased to be land to which this Part applies.
50: Required consents
Section 317(4) Director-General of Lands Commissioner of Crown Lands
51: New section heading and
sections 326A to 326D The principal Act is amended by inserting, after section 326 Landlocked Maori land
326A: Meaning of certain terms
In this section and sections 326B, 326C, and 326D conservation area section 2(1) of the Conservation Act 1987 national parks section 2 of the National Parks Act 1980 reserves section 2(1) of the Reserves Act 1977 wildlife management reserves, wildlife refuges wildlife sanctuaries section 2(1) of the Wildlife Act 1953 landlocked land
a: Maori freehold land; or
b: general land owned by Maori that ceased to be Maori land under Part I of the Maori Affairs Amendment Act 1967 national park section 2 of the National Parks Act 1980 occupier owners public reserve section 2(1) of the Reserves Act 1977 rail service operator section 2 of the Railway Safety and Corridor Management Act 1992 railway line section 2(1) of the New Zealand Railways Corporation Act 1981 reasonable access
326B: Reasonable access may be granted in cases of landlocked Maori land
1: The owners of landlocked land may apply at any time to the Court for an order in accordance with this section.
2: On an application made under this section,—
a: the owner of land adjoining the landlocked land that will or may be affected by the application must be joined as a party to the application; and
b: every person having an estate or interest in the landlocked land, or in any other piece of land (whether or not that piece of land adjoins the landlocked land), that will or may be affected if the application is granted, or claiming to be a party to or to be entitled to any benefit under any mortgage, lease, easement, contract, or other instrument affecting or relating to any such land, and the local authority concerned, are entitled to be heard in relation to any application for, or proposal to make, any order under this section.
2A: The applicant must, as soon as practicable after filing an application in the Court, send a copy of the application to the local authority concerned.
3: For the purposes of subsection (2)
4: In considering an application under this section, the Court must have regard to—
a: the nature and quality of the access (if any) to the landlocked land that existed when the applicant purchased or otherwise acquired the land; and
b: the circumstances in which the landlocked land became landlocked; and
c: the conduct of the applicant and the other parties, including any attempts that they may have made to negotiate reasonable access to the landlocked land; and
d: the hardship that would be caused to the applicant by the refusal to make an order in relation to the hardship that would be caused to any other person by the making of the order; and
e: the requirements of Part IIIB of the Conservation Act 1987
f: issues of public safety raised by a rail service operator, if the application affects a railway line; and
g: such other matters as the Court considers relevant.
5: If, after taking into consideration the matters specified in subsection (4)
a: vesting in the owners of the legal estate in the landlocked land the legal estate in fee simple in any other piece of land (whether or not that piece of land adjoins the landlocked land) except land that is a national park, public reserve or railway line; or
b: attaching and making appurtenant to the landlocked land an easement over any other piece of land (whether or not that piece of land adjoins the landlocked land), despite section 12 of the Railway Safety and Corridor Management Act 1992
326C: Conditions and other matters
1: Any order under section 326B(5)
a: the payment of compensation by the applicant to any other person; and
b: the exchange of any land by the applicant and any other person; and
c: the fencing of any land and the upkeep and maintenance of any fence; and
d: the upkeep and maintenance of any land over which an easement is to be granted; and
e: the powers of the Court under Part XVI
f: the carrying out of any survey that may be required by the Registrar-General of Land before the Registrar-General of Land will issue, in respect of any piece of land affected by the order, a certificate of title free of any limitations as to title or parcels within the meaning of Part XII of the Land Transfer Act 1952
g: the time in which any work necessary to give effect to the order is to be carried out; and
h: the execution, stamping, and delivery of any instrument; and
i: such other matters as the Court considers relevant.
2: Every order made under section 326B(5)
3: If the Court makes an order under section 326B(5)
a: declare any estate or interest in any piece of land affected by the order to be free of any mortgage, lease, easement, or other encumbrance affecting that piece of land, or vary, to such extent as it considers necessary in the circumstances, any mortgage, lease, easement, contract, or other instrument affecting or relating to that piece of land; and
b: declare that the legal estate in fee simple in any piece of land to be vested in the owners of the landlocked land is to vest subject to the same terms, conditions, liabilities, and encumbrances as those on and subject to which the owners hold the estate in the landlocked land, and is subject in all respects to any instrument of mortgage, charge, lease, sublease, or other encumbrance affecting that estate in the landlocked land as if the piece of land to be vested had been expressly included in the instrument.
4: If the Court makes an order (in this subsection referred to as the principal order section 326B(5)
a: an order authorising any person named in the order, or the agents, employees, and contractors of the named person, with or without animals, vehicles, aircraft, hovercraft, and any mode of conveyance and any equipment, to enter upon any piece of land specified in the order for the purpose of carrying out any work necessary to give effect to the principal order; and
b: such other consequential order as the Court may think necessary or desirable to give full effect to the principal order; and
c: an order requiring the applicant to maintain the land, or meet other obligations affecting the land, failing which the principal order may be revoked.
326D: Additional provisions relating to orders under
sections 326B or 326C
1: Any order made under section 326B(5) Land Transfer Act 1952 Deeds Registration Act 1908 Part I of the Crown Minerals Act 1991
2: This section and sections 326A to 326C
3: The High Court, and not the Maori Appellate Court, has jurisdiction to hear and determine appeals from any order made under sections 326B or 326C
4: Every appeal to the High Court under subsection (3)
5: Nothing in Part X of the Resource Management Act 1991 sections 326B or 326C
6: The Court's powers under this section and sections 326A to 326C sections 315 to 317
7: The Court may appoint expert assessors or valuers, as additional members of the Court, to assist it to determine issues of valuation or compensation under sections 326A to 326D Amendments relating to occupation orders
52: Occupation orders
1: Section 328(1) (including a house that has already been built and is located on that land when the order is made)
2: Section 328
4: In making an order under subsection (1)
a: that the occupation order is for a specified period; or
b: that the occupation order ends on the occurrence of a defined event.
53: Matters to be considered
1: Section 329(2) paragraph (a)
aa: that the owners of the land to which the application relates understand that an occupation order—
i: may pass by succession; and
ii: may be for a specified term or until the occurrence of a defined event: .
2: Section 329(2)
c: that, in the circumstances, the extent of the beneficial interest in the land held by the person in whose favour the occupation order is to be made, or to which that person is entitled to succeed, justifies the occupation order.
54: New
section 330A The principal Act is amended by inserting, after section 330
330A: Review of occupation orders
1: The Maori Land Court may review an occupation order made before this section comes into force, on application by an owner of a beneficial interest in the land over which the occupation order has been made, or by the person in whom the occupation order is vested.
2: The Maori Land Court may conduct a review under subsection (1) Amendments relating to wahi rahui
55: Maori reservations
Section 338 subsection (1)
1: The Chief Executive may, by notice in the Gazette
a: for the purposes of a village site, marae, meeting place, recreation ground, sports ground, bathing place, church site, building site, burial ground, landing place, fishing ground, spring, well, timber reserve, catchment area or other source of water supply, or place of cultural, historical, or scenic interest, or for any other specified purpose; or
b: that is a wahi tapu, being a place of special significance according to tikanga Maori.
56: Maori reservation (not wahi tapu) may be held for common use and benefit of people of New Zealand
1: Section 340(1)
a: by inserting, after the words Maori reservation (that is not a wahi tapu)
b: by inserting, after the word reservation (that is not a wahi tapu)
2: Section 340(2) Maori reservation (that is not a wahi tapu)
3: Section 340(3) Maori reservation that is not a wahi tapu
57: Further provisions relating to Maori reservation for marae or meeting place
Section 341(1) marae or meeting place or as wahi tapu
2: Consequential repeals and amendment
58: Repeals
The following provisions of the principal Act are repealed:
a: section 3
b: section 147(2) (3)
c: section 153
d: section 154
e: section 161
f: section 199(3) (4)
g: section 228
h: section 254
i: section 255
j: section 305
59: Consequential amendment
1: Section 129B(14) Property Law Act 1952 section 316 or sections 326A to 326D
2: Section 6 Te Ture Whenua Maori Amendment Act 2001