Treaty of Waitangi Act 1975

1: Short Title
This Act may be cited as the Treaty of Waitangi Act 1975.
2: Interpretation
In this Act, unless the context otherwise requires,— historical Treaty claim section 6(1) section 6(1)﻿(a) or (b) Maori private land
a: the Crown; or
b: a Crown entity within the meaning of the Public Finance Act 1989 submit clause 5(10) Treaty Treaty of Waitangi Schedule 1 Tribunal Section 2 historical Treaty claim inserted 13 December 2006 section 4 Treaty of Waitangi Amendment Act 2006 Section 2 private land inserted 20 August 1993 Treaty of Waitangi Amendment Act 1993 Section 2 submit inserted 13 December 2006 section 4 Treaty of Waitangi Amendment Act 2006
3: Act to bind Crown
This Act shall bind the Crown.
4: Waitangi Tribunal
1: There is hereby established a tribunal to be known as the Waitangi Tribunal.
2: The Tribunal shall consist of—
a: a Judge or retired Judge of the High Court or the Chief Judge of the Maori Land Court; and the Judge is both a member of the Tribunal and its Chairperson, and is appointed by the Governor-General on the recommendation of the Minister of Maori Affairs made after consultation with the Minister of Justice:
b: not less than 2 other members and not more than 20
2A: In considering the suitability of persons for appointment to the Tribunal, the Minister of Maori Affairs—
a: shall have regard to the partnership between the 2 parties to the Treaty; and
b: shall have regard not only to a person's personal attributes but also to a person's knowledge of and experience in the different aspects of matters likely to come before the Tribunal.
2B: The Chairperson of the Tribunal appointed under subsection (2)﻿(a) holds office for such term not exceeding 5 years as the Governor-General specifies in the instrument appointing that Chairperson, and the Chairperson may from time to time be reappointed.
2C: Where the Chairperson of the Tribunal is the Chief Judge of the Maori Land Court and he or she ceases to hold office as Chief Judge during the term of his or her appointment as Chairperson, that person's appointment as Chairperson also ceases at that time.
3: Every member of the Tribunal appointed under subsection (2)﻿(b) shall hold office for such term as the Governor-General shall specify in his or her appointment, being a term not exceeding 3 years, but may from time to time be reappointed.
4: No person shall be deemed to be employed in the service of Her Majesty for the purposes of the Public Service Act 2020 the Government Superannuation Fund Act 1956
5: The Ministry of Justice shall furnish such secretarial, recording, and other services as may be necessary to enable the Tribunal to exercise its functions and powers.
6: The provisions of Schedule 2 Section 4(2) replaced 1 January 1989 Treaty of Waitangi Amendment Act 1988 Section 4(2)﻿(a) replaced 11 December 1998 section 2(1) Treaty of Waitangi Amendment Act 1998 Section 4(2)﻿(b) amended 23 May 2008 section 4 Treaty of Waitangi Amendment Act 2008 Section 4(2A) replaced 1 January 1989 Treaty of Waitangi Amendment Act 1988 Section 4(2B) inserted 11 December 1998 section 2(2) Treaty of Waitangi Amendment Act 1998 Section 4(2C) inserted 11 December 1998 section 2(2) Treaty of Waitangi Amendment Act 1998 Section 4(3) replaced 1 January 1989 Treaty of Waitangi Amendment Act 1988 Section 4(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 4(4) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 4(5) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003
4A: Deputy Chairperson
1: The Chairperson of the Tribunal may from time to time appoint a Judge (including the Chief Judge)
2: In any case in which the Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause or during any vacancy in the office of Chairperson, the deputy of the Chairperson of the Tribunal shall have and may exercise all the powers, functions, and duties of the Chairperson.
3: No acts done by a person holding office as the deputy of the Chairperson of the Tribunal in that person's capacity as such deputy, and no act done by the Tribunal while a deputy of the Chairperson of the Tribunal is acting as such deputy, shall in any proceedings be questioned on the ground that the occasion for the deputy's so acting had not arisen or had ceased. Section 4A inserted 1 January 1989 Treaty of Waitangi Amendment Act 1988 Section 4A(1) amended 11 December 1998 section 3 Treaty of Waitangi Amendment Act 1998
4B: Appointment of Judge not to affect tenure, etc
The appointment of a Judge as Chairperson, the deputy of the Chairperson, or as a member of the Tribunal, or service by that Judge as Chairperson, the deputy of the Chairperson, or a member of the Tribunal, does not affect the Judge's tenure of the judicial office or the Judge's rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, the Judge's service as a member is service as a Judge. Section 4B replaced 11 December 1998 section 4 Treaty of Waitangi Amendment Act 1998
5: Functions of Tribunal
1: The functions of the Tribunal shall be—
a: to inquire into and make recommendations upon, in accordance with this Act, any claim submitted to the Tribunal under section 6
aa: to make recommendations, in accordance with section 8D section 27B or section 569
ab: to make any recommendation or determination that the Tribunal is required or empowered to make under Schedule 1
ac: to make recommendations in accordance with section 8HE Crown Forest Assets Act 1989 section 36
ad: to make recommendations in accordance with section 8D section 8HJ section 6 section 39
b: to examine and report on, in accordance with section 8
2: In exercising any of its functions under this section the Tribunal shall have regard to the 2 texts of the Treaty set out in Schedule 1 Section 5(1)﻿(a) replaced (with effect on 9 December 1987) 30 June 1988 section 3 Treaty of Waitangi (State Enterprises) Act 1988 Section 5(1)﻿(aa) replaced (with effect on 9 December 1987) 30 June 1988 section 3 Treaty of Waitangi (State Enterprises) Act 1988 Section 5(1)﻿(aa) amended 1 August 2020 section 668 Education and Training Act 2020 Section 5(1)﻿(aa) amended 23 July 1990 section 50(1) Education Amendment Act 1990 Section 5(1)﻿(ab) inserted 25 October 1989 section 39 Crown Forest Assets Act 1989 Section 5(1)﻿(ac) inserted 25 October 1989 section 39 Crown Forest Assets Act 1989 Section 5(1)﻿(ad) inserted 28 August 1990 section 42 New Zealand Railways Corporation Restructuring Act 1990
6: Jurisdiction of Tribunal to consider claims
1: Where any Maori claims that he or she, or any group of Maoris of which he or she is a member, is or is likely to be prejudicially affected—
a: by any ordinance of the General Legislative Council of New Zealand, or any ordinance of the Provincial Legislative Council of New Munster, or any provincial ordinance, or any Act (whether or not still in force), passed at any time on or after 6 February 1840; or
b: by any regulations, order, proclamation, notice, or other statutory instrument made, issued, or given at any time on or after 6 February 1840 under any ordinance or Act referred to in paragraph (a); or
c: by any policy or practice (whether or not still in force) adopted by or on behalf of the Crown, or by any policy or practice proposed to be adopted by or on behalf of the Crown; or
d: by any act done or omitted at any time on or after 6 February 1840, or proposed to be done or omitted, by or on behalf of the Crown,— and that the ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission, was or is inconsistent with the principles of the Treaty, he or she may submit that claim to the Tribunal under this section.
2: The Tribunal must inquire into every claim submitted to it under subsection (1), unless—
a: the claim is submitted contrary to section 6AA(1)
b: section 7
3: If the Tribunal finds that any claim submitted to it under this section is well-founded it may, if it thinks fit having regard to all the circumstances of the case, recommend to the Crown that action be taken to compensate for or remove the prejudice or to prevent other persons from being similarly affected in the future.
4: A recommendation under subsection (3) may be in general terms or may indicate in specific terms the action which, in the opinion of the Tribunal, the Crown should take.
4A: Subject to sections 8A to 8I
a: the return to Maori ownership of any private land; or
b: the acquisition by the Crown of any private land.
5: The Tribunal shall cause a sealed copy of its findings and recommendation (if any) with regard to any claim to be served on—
a: the claimant:
b: the Minister of Maori Affairs and such other Ministers of the Crown as in the opinion of the Tribunal have an interest in the claim:
c: such other persons as the Tribunal thinks fit.
6: Nothing in this section shall confer any jurisdiction on the Tribunal in respect of any Bill that has been introduced into the House of Representatives unless the Bill has been referred to the Tribunal pursuant to section 8
7: Notwithstanding anything in this Act or any other Act or rule of law, on and from the commencement of this subsection the Tribunal shall not have jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,—
a: commercial fishing or commercial fisheries (within the meaning of the Fisheries Act 1983
b: the Deed of Settlement between the Crown and Maori dated 23 September 1992; or
c: any enactment, to the extent that it relates to such commercial fishing or commercial fisheries.
8: Despite anything in this Act or in any other Act or rule of law,—
a: the jurisdiction of the Tribunal is subject to the enactments listed in Schedule 3
b: without limiting paragraph (a), the Tribunal does not have jurisdiction, in relation to licensed land (within the meaning of the Crown Forest Assets Act 1989
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32: 1998 No 97 s 462; 1999 No 118 s 10 Section 6(1) replaced 6 January 1986 Treaty of Waitangi Amendment Act 1985 Section 6(2) replaced 13 December 2006 section 5 Treaty of Waitangi Amendment Act 2006 Section 6(4A) inserted 20 August 1993 Treaty of Waitangi Amendment Act 1993 Section 6(6) replaced 6 January 1986 Treaty of Waitangi Amendment Act 1985 Section 6(7) inserted 23 December 1992 section 40 Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 Section 6(8) replaced 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(9) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(10) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(11) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(12) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(13) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(14) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(15) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(16) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(17) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(18) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(19) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(20) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(21) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(22) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(23) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(24) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(25) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(26) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(27) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(28) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(29) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(30) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(31) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6(32) repealed 23 May 2008 section 5 Treaty of Waitangi Amendment Act 2008 Section 6 compare note inserted 1 March 2001 section 13 Pouakani Claims Settlement Act 2000
6AA: Limitation of Tribunal's jurisdiction in relation to historical Treaty claims
1: Despite section 6(1)
a: submit a claim to the Tribunal that is, or includes, a historical Treaty claim; or
b: amend a claim already submitted to the Tribunal that is not, or does not include, a historical Treaty claim by including a historical Treaty claim.
2: However, subsection (1) does not prevent a historical Treaty claim submitted to the Tribunal on or before 1 September 2008 from being amended in any way after 1 September 2008.
3: The Tribunal does not have jurisdiction (including, but not limited to, the jurisdiction to inquire or further inquire into, or to make any finding or recommendation) in respect of a historical Treaty claim that is—
a: submitted contrary to subsection (1)﻿(a); or
b: included in a claim contrary to subsection (1)﻿(b).
4: To avoid doubt, if a claim is submitted to the Tribunal contrary to subsection (1), it must be treated for all purposes (including, for example, for the purposes of sections 8A(2) 8C(1) 8HB(1) 8HD(1) 8HJ Section 6AA inserted 13 December 2006 section 6 Treaty of Waitangi Amendment Act 2006
6A: Power of Tribunal to state case for Maori Appellate Court or Maori Land Court
1: Where a question of fact,—
a: concerning Maori custom or usage; and
b: relating to the rights of ownership by Maori of any particular land or fisheries according to customary law principles of take
c: calling for the determination, to the extent practicable, of Maori tribal boundaries, whether of land or fisheries,— arises in proceedings before the Tribunal, the Tribunal may refer that question to the Maori Appellate Court for decision.
2: Where a question relating to the Maori or group of Maori to whom any land or any part of any land or any interest in land is to be returned pursuant to a recommendation under section 8A(2)﻿(a)
3: Any question referred to the Maori Appellate Court under subsection (1) or to the Maori Land Court under subsection (2) shall be in the form of a special case to be drawn up by the parties (if any) to the proceedings and, if the parties do not agree, or if there are no parties, to be settled by the Tribunal.
4: The Maori Appellate Court shall have jurisdiction—
a: to decide any question referred to it under subsection (1); and
b: to hear and determine any appeal against any decision of the Maori Land Court on any question referred to that court under subsection (2).
5: The Maori Land Court shall have jurisdiction to decide any question referred to it under subsection (2).
6: The decision of the Maori Appellate Court on any question referred to it under subsection (1) and on any appeal determined by it pursuant to subsection (4)﻿(b) shall be binding on the Tribunal.
7: Subject to subsection (8), the decision of the Maori Land Court on any question referred to it under subsection (2) shall be binding on the Tribunal.
8: An appeal may be brought under section 58 section 58 of Te Ture Whenua Maori Act 1993
9: The Maori Appellate Court shall inform the Waitangi Tribunal of the decision of the Maori Appellate Court on—
a: any question referred to it under subsection (1); and
b: any appeal brought against any decision made by the Maori Land Court on any question referred to it under subsection (2).
10: The Maori Land Court shall inform the Waitangi Tribunal of—
a: the decision of the Maori Land Court on any question referred to it under subsection (2); and
b: the bringing of any appeal under subsection (8). Section 6A inserted 1 January 1989 Treaty of Waitangi Amendment Act 1988 Section 6A(8) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
7: Tribunal may refuse to inquire into claim
1: The Tribunal may in its discretion decide not to inquire into, or, as the case may require, not to inquire further into, any claim made under section 6
a: the subject matter of the claim is trivial; or
b: the claim is frivolous or vexatious or is not made in good faith; or
c: there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives
1A: The Tribunal may, from time to time, for sufficient reason, defer, for such period or periods as it thinks fit, its inquiry into any claim made under section 6
2: In any case where the Tribunal decides not to inquire into or further inquire into a claim or to defer its inquiry into any claim Section 7(1)﻿(c) amended 1 January 1987 section 27 Constitution Act 1986 Section 7(1A) inserted 1 January 1989 Treaty of Waitangi Amendment Act 1988 Section 7(2) amended 1 January 1989 Treaty of Waitangi Amendment Act 1988
8: Jurisdiction of Tribunal to consider proposed legislation
1: The Tribunal shall examine any proposed legislation referred to it under subsection (2) and shall report whether, in its opinion, the provisions of the proposed legislation or any of them are contrary to the principles of the Treaty.
2: Proposed legislation may be referred to the Tribunal—
a: in the case of a Bill before the House of Representatives, by resolution of the House:
b: in the case of any proposed regulations or Order in Council, by any Minister of the Crown.
3: The Tribunal's report shall be given—
a: in the case of a Bill, to the Speaker of the House:
b: in every other case, to the person or body who referred the proposed regulations or Order in Council to the Tribunal.
4: A copy of every report made by the Tribunal under this section shall be given by the Tribunal to the Minister of Maori Affairs and shall be laid before the House of Representatives Section 8(4) amended 1 January 1987 section 27 Constitution Act 1986
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 Gazette section 24 section 28
b: any land or interest in land transferred to an institution within the meaning of section 10(1) section 564 section 572
2: Subject to section 8B section 6
a: if it finds—
i: that the claim is well-founded; and
ii: that the action to be taken under section 6(3) include in its recommendation under section 6(3)
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 section 27B or section 569
c: if it finds that the claim is not well-founded, recommend to the Minister within the meaning of section 4 section 27B or section 569
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)
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) sections 40 41
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 Gazette section 24 section 28
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) section 564 section 572 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) 30 June 1988 section 4 Treaty of Waitangi (State Enterprises) Act 1988 Section 8A(1) replaced 10 April 1992 section 12(1) State-Owned Enterprises Amendment Act 1992 Section 8A(1)﻿(b) amended 1 August 2020 section 668 Education and Training Act 2020 Section 8A(2)﻿(b) amended 1 August 2020 section 668 Education and Training Act 2020 Section 8A(2)﻿(b) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8A(2)﻿(b) amended 1 July 1996 Survey Amendment Act 1996 Section 8A(2)﻿(b) amended 23 July 1990 section 50(1) Education Amendment Act 1990 Section 8A(2)﻿(c) amended 1 August 2020 section 668 Education and Training Act 2020 Section 8A(2)﻿(c) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8A(2)﻿(c) amended 1 July 1996 Survey Amendment Act 1996 Section 8A(2)﻿(c) amended 23 July 1990 section 50(1) Education Amendment Act 1990 Section 8A(3) amended 1 August 2020 section 668 Education and Training Act 2020 Section 8A(3) amended 23 July 1990 section 50(1) Education Amendment Act 1990 Section 8A(6) replaced 10 April 1992 section 12(2) State-Owned Enterprises Amendment Act 1992 Section 8A(6)﻿(b) amended 1 August 2020 section 668 Education and Training Act 2020
8B: Interim recommendations in respect of land transferred to or vested in State enterprise
1: Where the recommendations made by the Tribunal include a recommendation made under section 8A(2)﻿(a)
2: The Tribunal shall cause copies of its interim findings and interim recommendations to be served on the parties to the inquiry.
3: Subject to subsection (5), the Tribunal shall not, without the written consent of the parties, confirm any interim recommendations that include a recommendation made under section 8A(2)﻿(a)
4: Where any party to the inquiry is served with a copy of any interim recommendations that include a recommendation made under section 8A(2)﻿(a)
a: may, within 90 days after the date of the making of the interim recommendations, offer to enter into negotiations with the other party for the settlement of the claim; and
b: shall, within 90 days after the date of the making of the interim recommendations, inform the Tribunal—
i: whether the party accepts or has implemented the interim recommendations; and
ii: if the party has made an offer under paragraph (a), the result of that offer.
5: If, before the confirmation of any interim recommendations that include a recommendation made under section 8A(2)﻿(a) section 8A(2)﻿(a) or section 8A(2)﻿(b)
6: If subsection (5) does not apply in relation to any interim recommendations that include a recommendation made under section 8A(2)﻿(a)
7: Notwithstanding anything in subsections (1) to (6), if any interim recommendations contain a clerical mistake or an error arising from any accidental slip or omission, whether the mistake, error, slip, or omission was made by an officer of the Tribunal or not, or if any interim recommendations are so drawn up as not to express what was actually decided and intended, the interim recommendations may be corrected by the Tribunal, either of its own motion or on the application of any party.
8: Where the interim recommendations are corrected under subsection (7),—
a: the Tribunal shall cause copies of the corrected interim recommendations to be served on the parties to the inquiry as soon as practicable; and
b: the period that applies for the purposes of subsections (3), (4), and (6) shall expire on the 90th day after the date of the making of the corrected interim recommendations. Section 8B inserted (with effect on 9 December 1987) 30 June 1988 section 4 Treaty of Waitangi (State Enterprises) Act 1988
8C: Right to be heard on question in relation to land transferred to or vested in State enterprise
1: Where, in the course of any inquiry into a claim submitted to the Tribunal under section 6 section 8A
a: the claimant:
b: the Minister of Maori Affairs:
c: any other Minister of the Crown who notifies the Tribunal in writing that he or she wishes to appear and be heard:
d: any Maori who satisfies the Tribunal that he or she, or any group of Maori of which he or she is a member, has an interest in the inquiry apart from any interest in common with the public.
2: Notwithstanding anything in clause 7 section 4A clause 8
3: Nothing in subsection (2) affects the right of any person designated in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) of subsection (1) to appear, with the leave of the Tribunal, by—
a: a barrister or solicitor of the High Court; or
b: any other agent or representative authorised in writing. Section 8C inserted (with effect on 9 December 1987) 30 June 1988 section 4 Treaty of Waitangi (State Enterprises) Act 1988
8D: Special power of Tribunal to recommend that land be no longer liable to resumption
1: The Tribunal may, in its discretion, on the application of a State enterprise or other owner of any land or interest in land to which section 8A Minister within the meaning of section 4 section 27B or section 569
a: public notice has been given, in accordance with section 8G
b: either—
i: no claim in relation to that land or interest in land has been submitted to the Tribunal under section 6
ii: all the parties to any claim submitted to the Tribunal under section 6
2: The Tribunal may make a recommendation pursuant to subsection (1)﻿(b)﻿(ii) without being obliged to determine first whether or not the claim is well-founded.
3: The Tribunal may, where it considers it appropriate, consult with a Judge of the Maori Land Court about—
a: the directions to be given under section 8F
b: the public notice to be given under section 8G in relation to any application under this section. Section 8D inserted (with effect on 9 December 1987) 30 June 1988 section 4 Treaty of Waitangi (State Enterprises) Act 1988 Section 8D(1) amended 1 August 2020 section 668 Education and Training Act 2020 Section 8D(1) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8D(1) amended 1 July 1996 Survey Amendment Act 1996 Section 8D(1) amended 23 July 1990 section 50(1) Education Amendment Act 1990
8E: Issue of certificate on recommendation of Tribunal
1: The Minister within the meaning of section 4
a: section 8A(2)﻿(a)
b: section 8D(1) issue a certificate to the effect that the land or interest in land is no longer subject to resumption under section 27B or section 569
2: Where the land or the land in which the interest in land exists is subject to the Land Transfer Act 2017 Minister within the meaning of section 4 Registrar-General of Land
3: The Registrar-General of Land
a: register the certificate against the record of title
b: take all steps necessary to discharge or cancel any memorials or entries showing that the land or interest in land is subject to resumption under section 27B or section 569
4: Where—
a: the land or the land in which the interest in land exists is not subject to the Land Transfer Act 2017
b: instruments relating to the land or the interest in land are not registrable under the Deeds Registration Act 1908 the Minister within the meaning of section 4 Surveyor-General Surveyor-General Section 8E inserted (with effect on 9 December 1987) 30 June 1988 section 4 Treaty of Waitangi (State Enterprises) Act 1988 Section 8E(1) amended 1 August 2020 section 668 Education and Training Act 2020 Section 8E(1) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8E(1) amended 1 July 1996 Survey Amendment Act 1996 Section 8E(1) amended 23 July 1990 section 50(1) Education Amendment Act 1990 Section 8E(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8E(2) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8E(2) amended 1 July 1996 Survey Amendment Act 1996 Section 8E(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8E(3)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8E(3)﻿(b) amended 1 August 2020 section 668 Education and Training Act 2020 Section 8E(3)﻿(b) amended 23 July 1990 section 50(1) Education Amendment Act 1990 Section 8E(4) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8E(4) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 8E(4) amended 1 July 1996 Survey Amendment Act 1996 Section 8E(4)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017
8F: Directions as to service
1: Where an application is made under section 8D ex parte
2: The applicant shall furnish with the application under this section a description of the land or interest in land to which the application under section 8D
a: shall include a full legal description of the land or interest in land; and
b: shall be sufficient to enable the Tribunal to decide which persons may be adversely affected by the making, under section 8D
3: The application under this section—
a: shall specify the directions considered appropriate; and
b: shall be accompanied by a memorandum—
i: by the applicant's solicitor or counsel; or
ii: by any other agent or representative authorised in writing by the applicant,— giving the reasons for the directions considered appropriate.
4: On an application under this section the Tribunal shall give such directions for service as it deems proper. Section 8F inserted (with effect on 9 December 1987) 30 June 1988 section 4 Treaty of Waitangi (State Enterprises) Act 1988
8G: Public notice
1: Where an application is made under section 8D section 8F(4)
2: The public notice shall be published both—
a: in the Gazette
b: in such newspapers circulating in the district in which the land or interest in land is situated as the Tribunal directs.
3: The public notice shall—
a: describe the land or interest in land and its location; and
b: state that an application has been made under section 8D
c: indicate that—
i: the land or interest in land has been or was transferred to a State enterprise under section 23 Gazette section 24 section 28
ii: the land or interest in land has been or was transferred to an institution within the meaning of section 10(1) section 564 section 572 as the case may be; and
d: invite any Maori who considers that he or she, or any group of Maori of which he or she is a member, has grounds for a claim under section 6 Gazette
e: describe briefly any claims already submitted under section 6
f: where no claim has been submitted under section 6 section 27B or section 569
g: contain such other information as the Tribunal directs. Section 8G inserted (with effect on 9 December 1987) 30 June 1988 section 4 Treaty of Waitangi (State Enterprises) Act 1988 Section 8G(3)﻿(c) replaced 10 April 1992 section 12(3) State-Owned Enterprises Amendment Act 1992 Section 8G(3)﻿(c)﻿(ii) amended 1 August 2020 section 668 Education and Training Act 2020 Section 8G(3)﻿(f) amended 1 August 2020 section 668 Education and Training Act 2020 Section 8G(3)﻿(f) amended 23 July 1990 section 50(1) Education Amendment Act 1990
8H: Service of decision
The Tribunal shall cause a sealed copy of its decision and recommendation (if any) with regard to any application under section 8D
a: the applicant; and
b: the Minister within the meaning of section 4
c: the Minister of Maori Affairs; and
d: such other persons as the Tribunal thinks fit. Section 8H inserted (with effect on 9 December 1987) 30 June 1988 section 4 Treaty of Waitangi (State Enterprises) Act 1988 Section 8H(b) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8H(b) amended 1 July 1996 Survey Amendment Act 1996 Recommendations in relation to Crown forest land Heading inserted 25 October 1989 section 40 Crown Forest Assets Act 1989
8HA: Interpretation of certain terms
For the purposes of sections 8HB to 8HI Crown forestry assets Crown forest land Crown forestry licence licensed land section 2 Section 8HA inserted 25 October 1989 section 40 Crown Forest Assets Act 1989
8HB: Recommendations of Tribunal in respect of Crown forest land
1: Subject to section 8HC section 6
a: if it finds—
i: that the claim is well-founded; and
ii: that the action to be taken under section 6(3) Treaty of Waitangi include in its recommendation under section 6(3)
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 by paragraph (a)﻿(ii),— recommend to the Minister within the meaning of section 4
c: if it finds that the claim is not well-founded, recommend to the Minister within the meaning of section 4
2: In deciding whether to recommend the return to Maori ownership of any licensed land, the Tribunal shall not have regard to any changes that have taken place in—
a: the condition of the land and any improvements to it; or
b: its ownership or possession or any other interests in it— that have occurred after or by virtue of the granting of any Crown forestry licence in respect of that land.
3: Nothing in subsection (1) prevents the Tribunal making in respect of any claim that relates in whole or in part to licensed land any other recommendation under subsection (3) or subsection (4) of section 6 section 36 Schedule 1
4: On the making of a recommendation for the return of any land to Maori ownership under subsection (1), sections 40 to 42 Section 8HB inserted 25 October 1989 section 40 Crown Forest Assets Act 1989 Section 8HB(1)﻿(b) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8HB(1)﻿(b) amended 1 July 1996 Survey Amendment Act 1996 Section 8HB(1)﻿(c) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8HB(1)﻿(c) amended 1 July 1996 Survey Amendment Act 1996
8HC: Interim recommendations in respect of Crown forest land
1: Where the recommendations made by the Tribunal include a recommendation made under section 8HB(1)﻿(a)
2: The Tribunal shall cause copies of its interim findings and interim recommendations to be served on the parties to the inquiry.
3: Subject to subsection (5), the Tribunal shall not, without the written consent of the parties, confirm any interim recommendations that include a recommendation made under section 8HB(1)﻿(a)
4: Where any party to the inquiry is served with a copy of any interim recommendations that include a recommendation made under section 8HB(1)﻿(a)
a: may, within 90 days after the date of the making of the interim recommendations, offer to enter into negotiations with the other party for the settlement of the claim; and
b: shall, within 90 days after the date of the making of the interim recommendations, inform the Tribunal—
i: whether the party accepts or has implemented the interim recommendations; and
ii: if the party has made an offer under paragraph (a), the result of that offer.
5: If, before the confirmation of any interim recommendations that include a recommendation made under section 8HB(1)﻿(a)
6: If subsection (5) does not apply in relation to any interim recommendations that include a recommendation made under section 8HB(1)﻿(a)
7: Notwithstanding anything in subsections (1) to (6), if any interim recommendations contain a clerical mistake or an error arising from any accidental slip or omission, whether the mistake, error, slip, or omission was made by an officer of the Tribunal or not, or if any interim recommendations are so drawn up as not to express what was actually decided and intended, the interim recommendations may be corrected by the Tribunal, either of its own motion or on the application of any party.
8: Where the interim recommendations are corrected under subsection (7),—
a: the Tribunal shall cause copies of the corrected interim recommendations to be served on the parties to the inquiry as soon as practicable; and
b: the period that applies for the purposes of subsections (3), (4), and (6) shall expire on the 90th day after the date of the making of the corrected interim recommendations. Section 8HC inserted 25 October 1989 section 40 Crown Forest Assets Act 1989
8HD: Right to be heard on question in relation to Crown forest land
1: Where, in the course of any inquiry into a claim submitted to the Tribunal under section 6
a: the claimant:
b: the Minister of Maori Affairs:
c: any other Minister of the Crown who notifies the Tribunal in writing that he or she wishes to appear and be heard:
d: any Maori who satisfies the Tribunal that he or she, or any group of Maori of which he or she is a member, has an interest in the inquiry apart from any interest in common with the public.
2: Notwithstanding anything in clause 7 section 4A clause 8
3: Nothing in subsection (2) affects the right of any person designated in any of paragraphs (a) to (d) of subsection (1) to appear, with the leave of the Tribunal, by—
a: a barrister or solicitor of the High Court; or
b: any other agent or representative authorised in writing. Section 8HD inserted 25 October 1989 section 40 Crown Forest Assets Act 1989
8HE: Special power of Tribunal to recommend that land not be liable to be returned to Maori ownership
1: The Tribunal may, in its discretion, on the application of any Minister of the Crown or any licensee of Crown forest land, recommend to the Minister within the meaning of section 4
a: public notice has been given, in accordance with section 8HH
b: either—
i: no claim in relation to that land has been submitted to the Tribunal under section 6
ii: all the parties to any claim submitted to the Tribunal under section 6
2: The Tribunal may make a recommendation pursuant to subsection (1)﻿(b)﻿(ii) without being obliged to determine first whether or not the claim is well-founded.
3: The Tribunal may, where it considers it appropriate, consult with a Judge of the Maori Land Court about—
a: the directions to be given under section 8HG
b: the public notice to be given under section 8HH in relation to any application under this section. Section 8HE inserted 25 October 1989 section 40 Crown Forest Assets Act 1989 Section 8HE(1) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8HE(1) amended 1 July 1996 Survey Amendment Act 1996
8HF: Issue of certificate on recommendation of Tribunal
1: The Minister within the meaning of section 4 section 8HB section 8HE
2: Where the licensed land is subject to the Land Transfer Act 2017 section 30 Minister within the meaning of section 4 Registrar-General of Land
3: The Registrar-General of Land record of title
4: Where—
a: the land is not subject to the Land Transfer Act 2017
b: a copy of the Crown forestry licence has not been registered pursuant to section 30
c: instruments relating to the land are not registrable under the Deeds Registration Act 1908 the Minister within the meaning of section 4 Surveyor-General Surveyor-General Section 8HF inserted 25 October 1989 section 40 Crown Forest Assets Act 1989 Section 8HF(1) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8HF(1) amended 1 July 1996 Survey Amendment Act 1996 Section 8HF(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8HF(2) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8HF(2) amended 1 July 1996 Survey Amendment Act 1996 Section 8HF(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8HF(4) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8HF(4) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 8HF(4) amended 1 July 1996 Survey Amendment Act 1996 Section 8HF(4)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017
8HG: Directions as to service
1: Where an application is made under section 8HE ex parte
2: The applicant shall furnish with the application under this section a description of the land to which the application under section 8HE
a: shall include a full legal description of the land; and
b: shall be sufficient to enable the Tribunal to decide which persons may be adversely affected by the making, under section 8HE
3: The application under this section—
a: shall specify the directions considered appropriate; and
b: shall be accompanied by a memorandum by or on behalf of the applicant giving the reasons for the directions considered appropriate.
4: On an application being made under this section the Tribunal shall give such directions for service as it deems proper. Section 8HG inserted 25 October 1989 section 40 Crown Forest Assets Act 1989
8HH: Public notice
1: Where an application is made under section 8HE section 8HG
2: The public notice shall be published both—
a: in the Gazette
b: in such newspapers circulating in the district in which the land is situated as the Tribunal directs.
3: The public notice shall—
a: describe the land and its location; and
b: state that an application has been made under section 8HE
c: indicate the land is Crown forest land that is subject to a Crown forestry licence; and
d: invite any Maori who considers that he or she, or any group of Maori of which he or she is a member, has grounds for a claim under section 6 Gazette
e: describe briefly any claims already submitted under section 6
f: where no claim has been submitted under section 6
g: contain such other information as the Tribunal directs. Section 8HH inserted 25 October 1989 section 40 Crown Forest Assets Act 1989
8HI: Service of decision
The Tribunal shall cause a sealed copy of its decision and recommendations (if any) with regard to any application under section 8HE
a: the applicant; and
b: the Minister within the meaning of section 4
c: the Minister of Maori Affairs; and
d: the Minister for State Owned Enterprises and the Minister of Finance; and
e: such other persons as the Tribunal thinks fit. Section 8HI inserted 25 October 1989 section 40 Crown Forest Assets Act 1989 Section 8HI(b) amended 1 June 2002 section 68(2) Cadastral Survey Act 2002 Section 8HI(b) amended 1 July 1996 Survey Amendment Act 1996 Recommendations in relation to land vested under New Zealand Railways Corporation Restructuring Act 1990 Heading inserted 28 August 1990 section 43 New Zealand Railways Corporation Restructuring Act 1990
8HJ: Claims relating to land vested under New Zealand Railways Corporation Restructuring Act 1990
In respect of every claim submitted to the Tribunal under section 6 section 6 sections 8A to 8H
a: the reference in section 8A(1) section 6
b: the reference in section 8A(6) section 6
c: the references in sections 8A(2)﻿(b) and (c) 8D(1) 8E(1) and (3)﻿(b) 8G(3)﻿(f) section 27B section 39
d: the reference in section 8G(3)﻿(c) New Zealand Railways Corporation Restructuring Act 1990 Section 8HJ inserted 28 August 1990 section 43 New Zealand Railways Corporation Restructuring Act 1990
8I: Annual report on implementation of recommendations
The Minister of Maori Affairs shall in each year prepare and lay before the House of Representatives a report on the progress being made in the implementation of recommendations made to the Crown by the Tribunal. Section 8I inserted (with effect on 9 December 1987) 30 June 1988 section 4 Treaty of Waitangi (State Enterprises) Act 1988
9: Right to petition House of Representatives unaffected
Nothing in this Act shall affect in any way the right of any person to petition the House of Representatives for the redress of any grievance, or the jurisdiction of any committee or other body set up by the House of Representatives to deal with a petition to the House of Representatives. Section 9 replaced 1 January 1987 section 27 Constitution Act 1986