Māori Language Act 1987

1: Short Title and commencement
1: This Act may be cited as the Māori Language Act 1987.
2: Section 4
3: Except as provided in subsection (2), this Act shall come into force on 1 August 1987.
2: Interpretation
In this Act, unless the context otherwise requires,— certificate of competency Commission section 6 interpretation legal proceedings
a: proceedings before any court or tribunal named in Schedule 1
b: proceedings before any Coroner; and
c: proceedings to inquire into and report on any matter of particular interest to the Māori people or any tribe or group of Māori people before—
i: a commission of inquiry under the Commissions of Inquiry Act 1908
ii: a tribunal or other body having any of the powers of a commission of inquiry under any other enactment; or
iii: an inquiry to which section 6 Minister presiding officer translation Section 2 Commission substituted 20 June 1991 Maori Language Amendment Act 1991 Section 2 legal proceedings replaced 27 August 2013 section 39 Inquiries Act 2013 Recognition of Māori language
3: Māori language to be an official language of New Zealand
The Māori language is hereby declared to be an official language of New Zealand.
4: Right to speak Māori in legal proceedings
1: In any legal proceedings, the following persons may speak Māori, whether or not they are able to understand or communicate in English or any other language:
a: any member of the court, tribunal, or other body before which the proceedings are being conducted:
b: any party or witness:
c: any counsel:
d: any other person with leave of the presiding officer.
2: The right conferred by subsection (1) to speak Māori does not—
a: entitle any person referred to in that subsection to insist on being addressed or answered in Māori; or
b: entitle any such person other than the presiding officer to require that the proceedings or any part of them be recorded in Māori.
3: Where any person intends to speak Māori in any legal proceedings, the presiding officer shall ensure that a competent interpreter is available.
4: Where, in any proceedings, any question arises as to the accuracy of any interpreting from Māori into English or from English into Māori, the question shall be determined by the presiding officer in such manner as the presiding officer thinks fit.
5: Rules of court or other appropriate rules of procedure may be made requiring any person intending to speak Māori in any legal proceedings to give reasonable notice of that intention, and generally regulating the procedure to be followed where Māori is, or is to be, spoken in such proceedings.
6: Any such rules of court or other appropriate rules of procedure may make failure to give the required notice a relevant consideration in relation to an award of costs, but no person shall be denied the right to speak Māori in any legal proceedings because of any such failure. Welsh Language Act 1967 s 1(1) (UK)
5: Effect of recognition
Nothing in section 3 section 4
a: affect any right that any person has, otherwise than by virtue of that section, to receive or impart any communication in Māori; or
b: affect the right of any other linguistic community in New Zealand to use the language of that community. Māori Language Commission
6: Establishment of Commission
1: There is hereby established a commission, to be called Te Taura Whiri i te Reo Māori
2: The Commission is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Bord Na Gaeilge Act 1978 s 2 (Eire) Section 6(1) amended 20 June 1991 Maori Language Amendment Act 1991 Section 6(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(3) added 25 January 2005 section 200 Crown Entities Act 2004
7: Functions of Commission
The functions of the Commission shall be as follows:
a: to initiate, develop, co-ordinate, review, advise upon, and assist in the implementation of policies, procedures, measures, and practices designed to give effect to the declaration in section 3
b: generally to promote the Māori language, and, in particular, its use as a living language and as an ordinary means of communication:
c: the functions conferred on the Commission by sections 15 to 20
d: to consider and report to the Minister upon any matter relating to the Māori language that the Minister may from time to time refer to the Commission for its advice:
e: such other functions as may be conferred upon the Commission by any other enactment. Bord Na Gaeilge Act 1978 s 3(1), (3), (4) (Eire)
8: Powers of Commission
1:
2: Without limiting sections 16 17
a: conduct, hold, or attend all such inquiries, hearings, or meetings as the Commission thinks desirable to enable it to determine the views and wishes of the Māori community in relation to the promotion and use of the Māori language; and
b: undertake or commission research into the use of the Māori language; and
c: consult with and receive reports from government departments and other bodies on the use of Māori language in the course of the conduct of the business of those departments or other bodies, whether by their staff or by people with whom they have official dealings; and
d: publish information relating to the use of the Māori language; and
e: report to the Minister on any matter relating to the Māori language that the Commission considers should be drawn to the Minister's attention. Bord Na Gaeilge Act 1978 s 3(2), (4) (Eire) Section 8(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 8(2) amended 25 January 2005 section 200 Crown Entities Act 2004
9: Commission to have regard to Government policy
Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004
10: Annual report
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004
11: Responsibilities of other persons and bodies unaffected
Nothing in any of the foregoing provisions of this Act shall affect any responsibility that any Minister of the Crown or other person, or any government department or other body, had immediately before the passing of this Act for any matter relating to the Māori language. Bord Na Gaeilge Act 1978 s 3(5) (Eire)
12: Membership of Commission
1: The board of the Commission consists of not more than 5 members.
2:
3: In considering the suitability of any person for appointment to the Commission, the Minister shall have regard not only to that person's personal attributes but also to that person's knowledge of and experience in the use of the Māori language and other matters likely to come before the Commission.
4: Subsection (3) does not limit section 29 Bord Na Gaeilge Act 1978 s 4(1), (2) (Eire) 1975 No 114 s 4(2A) 1985 No 148 s 2(1) Section 12(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 12(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 12(4) added 25 January 2005 section 200 Crown Entities Act 2004
13: Further provisions relating to Commission
The provisions of Schedule 2
14: Money to be appropriated by Parliament for purposes of this Act
Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004 Certificates of competency
15: Commission to grant certificates of competency in the Māori language
1: The Commission shall grant a certificate of competency in the Māori language to any person who applies to the Commission for such a certificate and satisfies the Commission that he or she is qualified to be the holder of such a certificate.
2: Every certificate of competency in the Māori language shall be one of the following 3 kinds:
a: a certificate of competency in the interpretation of the Māori language:
b: a certificate of competency in the translation of the Māori language:
c: a certificate of competency in the interpretation and translation of the Māori language.
3: Every person who, immediately before the date of the commencement of this Act, was licensed as an Interpreter of the Māori language under Part 7 of the Maori Affairs Act 1953 1953 No 94 s 71
16: Qualifications for certificates of competency
For the purposes of determining whether or not an applicant for a certificate of competency in the Māori language is qualified to hold such a certificate, the Commission shall prepare, and publish in such manner as it thinks fit, criteria by which competence in the interpretation or translation of the Māori language is to be assessed.
17: Commission may delegate power to issue certificates of competency
1: Notwithstanding anything in section 15
2: The Commission may make a delegation under subsection (1) only if the delegation also complies with section 73
3:
4: Section 17(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 17(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 17(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
18: Endorsement for purposes of legal proceedings
1: The Commission may endorse any certificate of competency to the effect that the holder is competent to interpret the Māori language or (as the case may require) to translate the Māori language or both for the purposes of any legal proceedings if the Commission is satisfied that the holder of the certificate—
a: has a sufficient degree of competency in the interpretation or (as the case may require) the translation or both of the Māori language; and
b: has undergone an appropriate course of training or instruction in the duties of an interpreter or translator or both in legal proceedings.
2: Every holder of a certificate of competency endorsed under this section shall, on production of the certificate, be recognised as competent to interpret the Māori language or (as the case may require) to translate the Māori language or both for the purposes of any legal proceedings; but no such holder shall have the right to insist on acting, and no party, witness, or other person shall have the right to insist on that holder acting, as an interpreter or a translator or both in any particular proceedings.
3: Where, in respect of any legal proceedings, the presiding officer considers that the holder of any certificate of competency in the Māori language (whether or not endorsed under this section)—
a: has failed to interpret or translate adequately for the purposes of the proceedings; or
b: has acted in a manner that is inconsistent with the duties of an interpreter or a translator in legal proceedings,— the presiding officer may cause a report of the matter to be referred to the Commission, who shall deal with it under section 19 1953 No 94 s 73
19: Complaints against holders of certificates of competency
1: Any person may lodge with the Commission a complaint against the holder of any certificate of competency in the Māori language on the ground that—
a: the holder has, in the course of any interpretation or translation of the Māori language, exhibited such incompetence as to call into question the holder's qualification to hold the certificate; or
b: the holder has, while acting as an interpreter or a translator of the Māori language in any legal proceedings, acted in a manner that is inconsistent with the duties of an interpreter or a translator in legal proceedings.
2: Except where the Commission is satisfied that the complaint is frivolous or vexatious, the Commission shall cause a copy of the complaint to be given or sent to the person to whom it relates, and shall give that person a reasonable opportunity to appear before the Commission, or (at that person's option) to make written submissions to the Commission, in answer to the complaint.
3: If, after investigating any complaint under subsection (1)﻿(a), the Commission is satisfied that the person to whom the complaint relates is not qualified to hold the certificate of competency in the Māori language that the person is then holding, it may—
a: cancel the certificate of competency; or
b: suspend the certificate of competency until such time as the Commission is satisfied that the person is qualified to hold the certificate.
4: If, after investigating any complaint under subsection (1)﻿(b), the Commission is satisfied that the person to whom the complaint relates has, while acting as an interpreter or a translator of the Māori language in any legal proceedings, acted in a manner that is inconsistent with the duties of an interpreter or a translator in legal proceedings, it may—
a: cancel any endorsement of the certificate of competency made under section 18
b: if no such endorsement has been made, endorse the certificate of competency to the effect that the holder shall not be recognised as competent to interpret Māori or (as the case may require) to translate Māori or both for the purposes of any legal proceedings.
5: The Commission shall, as soon as practicable after deciding to take any action under subsection (3) or subsection (4), give to the person concerned notice in writing of its decision and of the reasons for it.
6: Where the Commission decides to cancel, suspend, or endorse a certificate of competency in the Māori language, it shall, in the notice given under subsection (5), require the holder to surrender the certificate of competency to the Commission for appropriate administrative action. 1953 No 94 s 74
20: Rules
Section 20 repealed 20 June 1991 Maori Language Amendment Act 1991
21: Offence
Every person commits an offence and is liable on $500 section 19(6) 1953 No 94 s 75 Section 21 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 21 amended 20 June 1991 Maori Language Amendment Act 1991 Miscellaneous provisions Heading inserted 20 June 1991 Maori Language Amendment Act 1991
21A: Rules
The Governor-General may from time to time, by Order in Council made on the advice of the Minister tendered on the recommendation of the Commission, make rules for any of the following purposes:
a: prescribing fees in respect of—
i: the conducting of examinations for certificates of competency in the Māori language; and
ii: applications for, and the issuing of, certificates of competency in the Māori language; and
iii: any other service provided by the Commission:
b: prescribing the procedures to be followed in respect of such applications. Section 21A inserted 20 June 1991 Maori Language Amendment Act 1991
22: Ombudsmen Act 1975 amended
Section 22 repealed 20 June 1991 Maori Language Amendment Act 1991
23: Higher Salaries Commission Act 1977 amended
Section 23 repealed 1 April 1988 Higher Salaries Commission Amendment Act 1988
24: Repeals
(1)–(2): Amendment(s) incorporated in the Act(s)