Maori Reserved Land Amendment Act 1998

1: Short Title and commencement
1: This Act may be cited as the Maori Reserved Land Amendment Act 1998, and is part of the Maori Reserved Land Act 1955
2: This Act comes into force on the date on which this Act receives the Royal assent.
2: Act to bind the Crown
This Act binds the Crown.
3: Right of lessee to elect to have compensation determined by Land Valuation Tribunal
1: The chief executive of Te Puni Kokiri Maori Reserved Land Amendment Act 1997
a: The amount of compensation payable to the lessee under section 16 Maori Reserved Land Amendment Act 1997
b: The amount of the solatium payment payable to the lessee under section 26 Maori Reserved Land Amendment Act 1997
2: The notice must state that the lessee may elect either—
a: To accept both of the amounts specified in the notice; or
b: To have the lessee's compensation determined by the Land Valuation Tribunal in accordance with section 4
3: The notice under subsection (1)
a: In the case of a lease to which the Maori Reserved Land Amendment Act 1997
b: In any case where a lease becomes, after the commencement of this Act, a lease to which the Maori Reserved Land Amendment Act 1997 Maori Reserved Land Amendment Act 1997
4: In any case where a notice under section 17(1) Maori Reserved Land Amendment Act 1997 subsection (1) subsection (2)
a: That—
i: The notice under section 17(1) Maori Reserved Land Amendment Act 1997
ii: Any notice in writing given under section 17(4)(a) Maori Reserved Land Amendment Act 1997
iii: Any application filed under section 17(4)(b) Maori Reserved Land Amendment Act 1997 are all of no effect; and
b: That, if the lessee wishes to make an election of the kind described in the notice under section 17(1) Maori Reserved Land Amendment Act 1997 subsection (5)
5: The lessee may, within 3 months after being given a notice under subsection (1)
a: To inform the chief executive of Te Puni Kokiri
b: To file in the appropriate office of the District Court, in accordance with section 21 Land Valuation Proceedings Act 1948 section 4
6: Where the lessee files an application under subsection (5)(b) Te Puni Kokiri
7: Where the lessee files an application under subsection (5)(b) section 16 Maori Reserved Land Amendment Act 1997 section 26 Maori Reserved Land Amendment Act 1997
8: Where the chief executive of Te Puni Kokiri subsection (5)(a) subsection (1)
9: Where the lessee does not, within the period allowed by subsection (5) Te Puni Kokiri subsection (5)(a)
10: In this section,— Land Valuation Tribunal section 2 Land Valuation Proceedings Act 1948 Lessee section 16(4) Maori Reserved Land Amendment Act 1997
4: Determination of compensation by Land Valuation Tribunal
1: Where a lessee files an application under section 3(5)(b)
a: The change to a more frequent rent review; and
b: The change to a fair annual rent based on the unimproved value of the land; and
c: The conditions imposed by the Maori Reserved Land Amendment Act 1997
2: The Land Valuation Tribunal must, as soon as practicable after 1 January 2001, determine the market value, as at 1 January 2001, of the lessee's interest in the lease.
3: That market value must be determined—
a: First, on the basis of what that market value would have been, as at 1 January 2001, if the Maori Reserved Land Amendment Act 1997
b: Second, on the basis of what that market value is, as at 1 January 2001, in the light of the enactment of the Maori Reserved Land Amendment Act 1997
4: The Land Valuation Tribunal may, in making determinations under this section, take account of relevant valuation evidence arising after the commencement of the Maori Reserved Land Amendment Act 1997
5: The amount of the compensation payable to the lessee under subsection (1) subsection (3)(a) subsection (3)(b)
6: Every application made under section 3(5)(b) Land Valuation Proceedings Act 1948
7: In this section,— Land Valuation Tribunal section 2 Land Valuation Proceedings Act 1948 Lessee section 16(4) Maori Reserved Land Amendment Act 1997
5: Repeals
The Maori Reserved Land Amendment Act 1997 sections 17 18
6: Consequential amendments
The Maori Reserved Land Amendment Act 1997
7: Transitional provisions
1: Every notice given, whether before or after the commencement of this Act, under section 17(1) Maori Reserved Land Amendment Act 1997
2: Every notice in writing given under section 17(4)(a) Maori Reserved Land Amendment Act 1997
3: Every application filed under section 17(4)(b) Maori Reserved Land Amendment Act 1997
4: The chief executive of Te Puni Kokiri section 17(7) Maori Reserved Land Amendment Act 1997 section 17(1)
5: The Land Valuation Tribunal does not have, and is deemed never to have had, jurisdiction to deal with any application filed under section 17(4)(b) Maori Reserved Land Amendment Act 1997