1: Title
1: This Act is Te Ture Whenua Maori Amendment Act (No 3) 2004.
2: In this Act, Te Ture Whenua Maori Act 1993 the principal Act
2: Commencement
This Act comes into force on 1 January 2005.
3: New heading and
sections 26O to 26ZB The principal Act is amended by inserting, after section 26N Jurisdiction of Court under Maori Commercial Aquaculture Claims Settlement Act 2004
26O: Interpretation
In sections 26P to 26ZB iwi aquaculture organisation settlement assets trustee sections 4 and 5 of the Maori Commercial Aquaculture Claims Settlement Act 2004
26P: Advisory jurisdiction of Court
The Court has exclusive jurisdiction to advise on disputes referred to it under a dispute resolution process referred to in section 53 of the Maori Commercial Aquaculture Claims Settlement Act 2004
26Q: Jurisdiction of Court to make determinations
The Court has exclusive jurisdiction to hear and determine, and make orders accordingly, in relation to disputes referred to it under section 54 of the Maori Commercial Aquaculture Claims Settlement Act 2004
26R: Principles applying to exercise of jurisdiction in relation to
Maori Commercial Aquaculture Claims Settlement Act 2004
1: Any person who is a party to a matter referred to in section 26P or section 26Q sections 26P to 26ZB
2: A request for advice under section 26P section 26Q
a: a proceeding for the purposes of this Act; and
b: an application within the ordinary jurisdiction of the Court.
3: The Court has the power and authority to give advice or make determinations as it thinks proper.
4: The Court must determine an application or matter referred to it for advice or determination under section 26P or section 26Q Maori Commercial Aquaculture Claims Settlement Act 2004
5: Sections 26P and 26Q
6: The Court does not have jurisdiction under this section unless it is satisfied that section 53 of the Maori Commercial Aquaculture Claims Settlement Act 2004
7: Where a dispute resolution process contemplated by section 53 of the Maori Commercial Aquaculture Claims Settlement Act 2004
8: Nothing in this section or in section 26P or section 26Q
26S: Procedure of Court in its advisory jurisdiction
1: The jurisdiction conferred by section 26P
2: Within 20 working days of receiving a request under section 26P
3: Before supplying the advice sought, the Judge addressing a request for advice may (but is not obliged to)—
a: exercise the powers in section 67
b: consult with the requestor and parties affected by the advice:
c: refer some or all of the issues arising from the request to a mediator for mediation.
4: The Chief Judge may appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise for the purpose of assisting the Judge with the request for advice.
26T: Procedure of Court in making determinations
1: The jurisdiction conferred by section 26Q
2: Within 20 working days of receiving an application under section 26Q
3: The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following:
a: if subsection (5)
b: refer the application to the Court for hearing and determination:
c: exercise the powers in section 67
d: refer issues arising from the application to a mediator for mediation:
e: if subsection (6)
4: The Chief Judge may appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise for the purpose of providing advice on the application.
5: The Judge may make a determination under subsection (3)(a)
a: the applicant has taken reasonable steps to notify affected parties of the application, and those parties do not oppose the application; or
b: the parties have taken reasonable steps to resolve their dispute, as provided for in section 54(3) of the Maori Commercial Aquaculture Claims Settlement Act 2004
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 Court, or fails to satisfy rules of court; or
b: it does not present serious issues for determination; or
c: the Judge considers it is appropriate to dismiss or defer consideration of the application for another reason.
7: The Judge may choose not to address an application if the Judge is satisfied that the issues presented by the application are governed by another enactment or are more appropriately addressed in another forum.
26U: Procedure for applications referred to Court
1: If a matter is referred to the Court for hearing and determination under section 26T(3)(b)
a: if subsection (2)
b: exercise the powers in section 67
c: if subsection (3)
d: request a report from the trustee on any matter the Court considers appropriate.
2: The Court may make a determination under subsection (1)(a)
a: the applicant has taken reasonable steps to notify affected parties of the application; and
b: those parties do not oppose the application.
3: The Court may dismiss or defer consideration of an application under subsection (1)(c)
a: it is vexatious, frivolous, or an abuse of the Court, or fails to satisfy rules of court; or
b: it does not present serious issues for determination; or
c: the Court considers it is appropriate to dismiss or defer consideration of the application for another reason.
4: The Court may choose not to address an application if it is satisfied that the issues presented by the application are governed by another enactment or are more appropriately addressed in another forum.
5: The Court may, of its own motion or at the request of any party to the proceeding, appoint 1 or more additional members (not being Judges of the Maori Land Court) who have knowledge of relevant tikanga Maori or other expertise to assist the Court.
26V: Appointment of mediator
1: A Judge who decides to refer issues to a mediator under section 26S(3)(c) or section 26T(3)(d) or section 26Z(3)(a)
2: The parties affected by the application may, by agreement among them, appoint as the mediator 1 or more persons with the skills and experience to undertake mediation on issues arising under the Maori Commercial Aquaculture Claims Settlement Act 2004
3: If a mediator is not appointed by agreement under subsection (2)
a: appoint a mediator; and
b: before doing so, be satisfied that the mediator has the skills and experience to undertake mediation on issues arising under the Maori Commercial Aquaculture Claims Settlement Act 2004
26W: Judge appointed as mediator
1: A Judge other than the Judge addressing an application may be a mediator.
2: However, a Judge acting as a mediator is to be treated as acting judicially and retains the same immunities as he or she has when acting as a Judge.
3: Despite subsection (2)
26X: Conduct of mediation
1: A Judge may advise a mediator of the issues that need to be addressed at mediation.
2: The following persons are entitled to attend and participate in a mediation:
a: parties affected and their representatives; and
b: any other person with the leave of the Judge addressing the application.
3: 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.
4: 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 party who produces the material consents to its disclosure.
5: No person may be sued for defamation for statements made in mediation.
6: Statements made and material presented at a 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.
26Y: 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 Court.
26Z: 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: Affected parties who participate 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 Court for hearing and determination or for the provision of advice, as the case may be.
4: A Judge who refers unresolved issues to the Court under subsection (3)(b)
26ZA: Orders and interim orders
1: In making orders under sections 26P to 26Z
a: incorporate or restate the terms of an agreement reached by the persons participating in an application:
b: incorporate the terms that express the outcome of mediation:
c: specify that the order applies for general or specific purposes:
d: specify the purpose or purposes for which the order is made:
e: specify a date after which the order ceases to have effect:
f: in relation to an iwi aquaculture organisation,—
i: require new elections or the appointment of office holders in accordance with the constitutional documents of the iwi aquaculture organisation:
ii: require the trustee to suspend recognition of an iwi aquaculture organisation until specified changes are made to its constitutional documents:
iii: until the Judge or the Court is satisfied that the dispute has been satisfactorily resolved, prevent an action to allocate and transfer settlement assets under the Maori Commercial Aquaculture Claims Settlement Act 2004
iv: specify additional conditions or requirements necessary—
A: to assist in the timely resolution of the dispute; or
B: to prevent prejudice to the interests of the iwi aquaculture organisation or the members of its iwi:
g: make orders as to costs under section 79
h: make other orders not inconsistent with the Maori Commercial Aquaculture Claims Settlement Act 2004
2: The Judge or the Court, at the request of any party, may also order, as it considers appropriate, that an action referred to in subsection (1)(f)(iii)
a: the date specified in the order; or
b: the conditions specified in the order are met; or
c: a further order is made by the Court; or
d: the order ceases to have effect.
3: If the Court makes an order under subsection (1)(f)(iii) or subsection (2) section 118B
26ZB: Proceedings where additional members appointed
If additional members are appointed under section 26S(4) or section 26T(4) or section 26U(5)
4: New
section 118B The principal Act is amended by inserting, after section 118A
118B: Circumstances when certain transfers and payments must be held in trust
1: If the Court makes an order under section 26ZA(1)(f)(iii) or (2)
a: the trustee must hold the assets that are subject to the order in trust for that iwi aquaculture organisation until—
i: the date specified in the order; or
ii: the conditions specified in the order are met; or
iii: the order ceases to have effect; and
b: the iwi aquaculture organisation is entitled to receive any income earned from those assets for the period that they are held in trust, except that the trustee is entitled to deduct the reasonable costs of administering the assets.
2: In this section, iwi aquaculture organisation and trustee have the meaning set out in section 26O
5: Consequential amendments
1: Section 4 paragraph (a)(iv) 26M 26ZB
2: Section 34 section 26G(5) section 26S(4) or section 26T(4) or section 26U(5)
3: Section 35 section 26G(5) section 26S(4) or section 26T(4) or section 26U(5)
4: Section 36(1) section 26G(5) section 26S(4) or section 26T(4) or section 26U(5)