Te Ture Whenua Maori Amendment Act 2006

1: Title
This Act is—
a: Te Ture Whenua Maori Amendment Act 2006; or
b: the Maori Land Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends Te Ture Whenua Maori Act 1993
4: Appointment of Judges
Section 7(2) 8 14
5: Chief Judge and Deputy Chief Judge
The following section is inserted after section 8
8A: Delegation to Deputy Chief Judge
1: The Chief Judge may delegate to the Deputy Chief Judge, either generally or particularly, any power, function, or duty conferred on the Chief Judge by or under this Act.
2: Subject to general or particular directions given by the Chief Judge, the Deputy Chief Judge has and may exercise and perform all the powers, functions, or duties delegated by the Chief Judge in the same manner and with the same effect as if they had been conferred on the Deputy Chief Judge directly by this Act and not by delegation.
3: A delegation—
a: must be in writing; and
b: is revocable in writing at any time; and
c: may be made subject to any restrictions or conditions that the Chief Judge thinks fit; and
d: does not prevent the exercise or performance of a power, function, or duty by the Chief Judge; but
e: must not include a power of delegation.
4: In the absence of proof to the contrary, the Deputy Chief Judge, when purporting to act under a delegation, is presumed to be acting in accordance with the terms of the delegation.
5: Powers exercised, functions performed, or decisions made by the Deputy Chief Judge acting as the Chief Judge may not be questioned in any proceeding on the ground that the occasion for the Deputy Chief Judge so acting had not arisen or had ceased.
6: Procedure of Court in making determinations
Section 26F(3)(a) without a full or any hearing issue
7: Procedure for applications referred to Court
1: The heading to section 26G Powers of Court if application referred under section 26F(3)(b)
2: Section 26G subsection (1)
1: If a matter is referred to the Court for hearing and determination under section 26F(3)(b)
1A: However, despite subsection (1)
a: if subsection (2)
b: exercise the powers in section 67
c: if subsection (3)
d: request a report from Te Ohu Kai Moana Trustee Limited on any matter the Court considers appropriate.
8: Procedure of Court in making determinations
Section 26T(3)(a) without a full or any hearing issue
9: Procedure for applications referred to Court
1: The heading to section 26U Powers of Court if application referred under section 26T(3)(b)
2: Section 26U subsection (1)
1: If a matter is referred to the Court for hearing and determination under section 26T(3)(b)
1A: However, despite subsection (1)
a: if subsection (2)
b: exercise the powers in section 67
c: if subsection (3)
d: request a report from Te Ohu Kai Moana Trustee Limited on any matter the Court considers appropriate.
10: New heading and section 48A inserted
The following heading and section are inserted after section 48 Exercise of powers by Deputy Chief Judge
48A: Deputy Chief Judge may exercise special powers of Chief Judge
The Deputy Chief Judge has and may exercise, subject to the direction of the Chief Judge, the powers, functions, and duties of the Chief Judge under sections 44 to 48
11: Heading inserted above section 49
The heading Right of appeal against exercise of special powers is inserted above section 49
12: Appeal
1: Section 49(1) or the Deputy Chief Judge Chief Judge
2: Section 49(2) to the Chief Judge under this section under section 45
13: Validations
1: Subsection (2)
a: under sections 44 to 48
b: under section 452 of the Maori Affairs Act 1953
2: If subsection (1)
a: as if it had been done by the Chief Judge; and
b: as having, from the time when it was done, the same effect as if it had been done by the Chief Judge.
3: Any action taken by His Honour Judge Norman F Smith, in exercising or purporting to exercise his jurisdiction as an acting Judge of the Maori Land Court at any time in the period beginning on 1 November 2000 and ending on 30 November 2000, must be treated—
a: as if it had been done in accordance with section 10
b: as being as valid and of the same effect as if His Honour had been entitled to exercise the jurisdiction of an acting Judge throughout that period.
14: Accounts and balance sheet
Sections 276(2) (3) (4) 277(6) 281(1)(c) profit and loss account statement of financial performance