There shall continue to be a court of record called the Maori Land Court, which shall be the same court as that existing under the same name immediately before the commencement of this Act.

In addition to the jurisdiction and powers expressly conferred on it by this or any other Act, the Maori Land Court shall have all the powers that are inherent in a court of record.

The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Judges of the Maori Land Court.

The number of Judges appointed under this section must not at any time exceed 14.

For the purposes of subsection (2),—

A person must not be appointed a Judge unless the person is suitable, having regard to the person’s knowledge and experience of te reo Maori, tikanga Maori, and the Treaty of Waitangi.

A person may be appointed a Judge only if—

No person shall be appointed a Judge after attaining the age of 70 years.

Every Judge shall, by virtue of that office, be a Justice of the Peace for New Zealand.

The Attorney-General must publish information explaining his or her process for—

If the Attorney-General is not for the time being responsible for recommending the appointment of Judges of the court, he or she must publish information explaining the responsible Minister’s process for doing the things referred to in subsection (6).

A Judge must not practise as a lawyer.

A Judge of the court must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Judge.

An approval under subsection (1) may be given only if the Chief Judge is satisfied that undertaking the employment or holding the office is consistent with the Judge’s judicial office.

However, subsection (1) does not apply to another office if an enactment permits or requires the office to be held by a Judge.

The Chief Justice must develop and publish a protocol containing guidance on—

The Chief Justice may develop and publish a protocol under subsection (1) only after consultation with the Chief Judge.

A person acts as a Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.

The Attorney-General may, in accordance with subsection (4), authorise a Judge appointed under section 7 or section 8 to act on a part-time basis for any specified period.

To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge’s appointment or at any other time, and may be made more than once in respect of the same Judge.

The Attorney-General may authorise a Judge to act on a part-time basis only—

In considering whether to concur under subsection (4), the Chief Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.

A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.

The basis on which a Judge acts must not be altered during the term of the Judge’s appointment without the Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

The Governor-General shall from time to time, by warrant, appoint a Chief Judge of the Maori Land Court and a Deputy Chief Judge of the Maori Land Court.

Subject to subsection (3), every person appointed as Chief Judge or as Deputy Chief Judge shall hold that office so long as that person holds office as a Judge.

With the prior approval of the Governor-General, the Chief Judge and the Deputy Chief Judge may resign that office without resigning the office of Judge.

Whenever by reason of illness, absence from New Zealand, or any other cause the Chief Judge is prevented from exercising the duties of office, or during any vacancy in the office of Chief Judge, the Deputy Chief Judge shall, until the Chief Judge resumes or takes up the duties of office, have and may perform and exercise all the functions, duties, and powers of the Chief Judge.

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.

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.

A delegation—

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.

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.

Subject to section 11, the Governor-General may, whenever in his or her opinion it is necessary or expedient to make a temporary appointment, appoint 1 or more temporary Judges of the Māori Land Court to hold office for such period as is specified in the warrant of appointment.

The period specified must not exceed 2 years.

However, a person appointed under this section may be reappointed.

A person may not be appointed as a temporary Judge under this section unless that person is eligible for appointment as a Judge under section 7.

However, a person otherwise qualified who has attained the age of 70 years (including a Judge who has retired after attaining that age) may be appointed as a temporary Judge under this section.

Subsection (2) applies to an appointment made under subsection (5).

The power conferred by this section may be exercised at any time, even though there may be 1 or more persons holding the office of Judge under section 7 or section 10.

A person appointed under this section is to be paid, during the term of the appointment, the salary and allowances payable under section 13 to a Judge other than the Chief Judge and the Deputy Chief Judge.

A superannuation subsidy must not be paid to a person who is appointed as a temporary Judge under this section.

Subsection (9) does not apply to a compulsory employer contribution within the meaning of section 101A of the KiwiSaver Act 2006.

Subject to section 11, the Governor-General may, by warrant, appoint any former Judge to be an acting Judge for such term not exceeding 2 years or, if the former Judge has attained the age of 72 years, not exceeding one year, as the Governor-General may specify.

During the term of the appointment, the former Judge may act as a Judge during such period or periods only, and in such place or places only, as the Chief Judge may determine.

Every former Judge appointed under this section shall, during each period when the former Judge acts as a Judge, but not otherwise, be paid a salary at the rate for the time being payable by law to a Judge other than the Chief Judge and the Deputy Chief Judge, and shall also be paid such travelling allowances or other incidental or minor allowances as may be fixed from time to time by the Governor-General.

A superannuation subsidy must not be paid to a person who is appointed as an acting Judge under this section.

Subsection (3A) does not apply to a compulsory employer contribution within the meaning of section 101A of the KiwiSaver Act 2006.

Every former Judge appointed under this section shall, during each period when the former Judge acts as a Judge, have all the jurisdiction, powers, protections, privileges, and immunities of a Judge.

No appointment may be made under section 9 or section 10 otherwise than on a certificate signed by the Chief Judge and at least 1 other permanent Judge to the effect that, in their opinion, it is necessary for the due conduct of the business of the court that 1 or more temporary Judges, or (as the case may require) 1 or more acting Judges, be appointed.

The Governor-General may remove a Judge for inability or misbehaviour.

Every Judge shall retire from office on attaining the age of 70 years.

The Judges have all the immunities of a Judge of the High Court.

There shall be paid to the Chief Judge, to the Deputy Chief Judge, and to the other Judges, out of public money, without further appropriation than this section,—

The salary of a Judge shall not be diminished during the continuance of the Judge’s appointment.

The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position.

For the purpose of subsection (2), the payment of salary and allowances on a pro-rata basis under subsection (2A) is not a diminution of salary.

Subject to the Remuneration Authority Act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.

Every such determination, and every provision of any such determination, in respect of which no date is so specified shall come into force on the date of the making of the determination.

The Ministry of Justice shall be responsible for all matters relating to the administration of the court, including the appointment of a Chief Registrar and such other Registrars, Deputy Registrars, and officers of the court (being officers of the Ministry of Justice) as may from time to time be required.

The Governor-General may from time to time, by Order in Council,—

The Chief Judge shall from time to time assign a Judge to each district, or to 2 or more districts, as the Chief Judge thinks fit.

There shall be a Registrar for each district, but the same person may hold office as Registrar for any 2 or more districts.

The court shall have, in the custody of each Judge and each Registrar, a seal, which shall be the seal of the court and shall be used for sealing documents that require to be sealed.

The seal may be applied to a document physically or electronically.

The form of the seal shall be such as the Governor-General from time to time determines.

The seal in use at the commencement of this Act shall continue to be the seal of the court unless and until a new seal is duly prescribed by the Governor-General.

In exercising its jurisdiction and powers under this Act, the primary objective of the court shall be to promote and assist in—

In applying subsection (1), the court shall seek to achieve the following further objectives:

In addition to any jurisdiction specifically conferred on the court otherwise than by this section, the court shall have the following jurisdiction:

Any proceedings commenced in the Maori Land Court may, if the Judge thinks fit, be removed for hearing into any other court of competent jurisdiction.

The court, on application made by any person interested or by the Registrar of the court, or of its own motion, may at any time issue an order by way of injunction—

Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the court under this section may be expressed to be binding on the Māori Trustee.

Any injunction made by the court under this section may be expressed to be of interim effect only.

Every injunction made by the court under this section that is not expressed to be of interim effect only shall be of final effect.

Notwithstanding anything to the contrary in the District Court Act 2016, the court shall have jurisdiction to hear and determine any proceeding for the recovery of Maori freehold land in the following cases:

An application for a court order under Part 3 of the Property Law Act 2007 (mortgages) must be made to—

The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to another court described in subsection (1) if it considers that the proceedings or question would be more appropriately dealt with by the other court.

The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.

The Maori Land Court has jurisdiction under, and must apply, Part 3 of the Property Law Act 2007 in relation to any application made to it, or any proceedings or question referred to it, in accordance with this section.

For those purposes, Part 3 of the Property Law Act 2007 applies as if—

Any appeal from an order of the Maori Land Court made under Part 3 of the Property Law Act 2007 must be made to the High Court.

The court may exercise with respect to Maori freehold land all of the powers conferred on the High Court by sections 253 to 260 of the Property Law Act 2007.

The court may exercise with respect to Maori freehold land all of the powers conferred on the High Court by section 264 of the Property Law Act 2007.

The court has the same jurisdiction as that of the High Court to grant and enforce specific performance or to award damages in addition to, or in substitution for, specific performance, in respect of leases of Maori freehold land or leases of General land owned by Maori that ceased to be Maori land under Part 1 of the Maori Affairs Amendment Act 1967.

This section applies to any application for a court order to be made, or a direction to be given, under section 313, 317, or 318(3) of the Property Law Act 2007 that relates to Maori freehold land, even if it also relates to other land.

The application may be made to the Maori Land Court or the District Court.

The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (2) if it considers that the proceedings or question would be more appropriately dealt with by the other court.

The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.

The Maori Land Court has jurisdiction under sections 313, 314, 317, and 318(3) of the Property Law Act 2007 in relation to any application made to it, or any proceedings or question referred to it, in accordance with this section.

Any appeal from an order of the Maori Land Court made under section 313 or 317 of the Property Law Act 2007 must be made to the High Court.

The court may exercise with respect to Maori freehold land all of the powers conferred on a court by subpart 1 of Part 6 of the Property Law Act 2007.

The court may exercise with respect to Māori freehold land all of the powers conferred on a court by subpart 2 of Part 6 of the Property Law Act 2007.

The court may exercise any power conferred on the High Court—

However, a power conferred on the court by subsection (1) may be exercised only if the occasion for the exercise of that power arises in the course of proceedings (other than an application made for the purposes of section 16(2), 39, or any of sections 43 to 48 of the Contract and Commercial Law Act 2017) properly before the court under section 18(1)(d) of this Act.

The court, in its proceedings, has the same powers to award interest on any debt or damages as the District Court has under Part 1 of the Interest on Money Claims Act 2016 in its own proceedings.

The court may make an order for equitable relief under this section—

The court may make the order if it is satisfied that, in the particular circumstances of the case,—

The court may make the order on the application of a party to a proceeding or of the court’s own motion.

On proof to the satisfaction of the court that any instrument of alienation of Maori freehold land, whether executed before or after the commencement of this Act, has been lost or destroyed, it may make an order under this section if it is satisfied—

By an order under this section, the court may declare the nature and effect of the instrument to which the order relates, and the instrument shall be deemed to have been of the nature and to have had effect according to its tenor, as declared in the order.

Instead of or in addition to making an order declaring the nature and effect of the instrument, the court may, on an application under this section, make an order vesting land or an interest in land to which the instrument related in—

Notwithstanding anything to the contrary in the Fencing Act 1978, the court shall have exclusive jurisdiction to hear and determine all claims, disputes, and questions arising under that Act where every parcel of land to which the claim, dispute, or question relates is Maori freehold land or General land owned by Maori.

In addition to the exclusive jurisdiction conferred on the court by subsection (1), the court shall have jurisdiction, concurrent with that of any other court of competent jurisdiction, to hear and determine any claim, dispute, or question arising under that Act where any parcel of land to which the claim, dispute, or question relates is Maori freehold land or General land owned by Maori.

In the exercise of its jurisdiction under this section, the court may make an order for the payment of any sum in respect of any claim, dispute, or question under the Fencing Act 1978, and by the same or a subsequent order may direct by whom and to whom respectively any such sum shall be paid.

In the exercise of its jurisdiction under this section, the court may order payment to be made in respect of the erection or repair of any fence, notwithstanding that any notice required by the Fencing Act 1978 to be given or served has not been so given or served if the court is satisfied that all reasonable attempts were made to give or serve such notice.

In sections 26B to 26N, unless the context otherwise requires,—

The court has exclusive jurisdiction to advise on disputes referred to it—

The court has exclusive jurisdiction to hear and determine, and make orders accordingly, in relation to—

Any person who is a party to a matter referred to in section 26B or section 26C has standing in relation to the powers provided for in sections 26B to 26N.

A request for advice under section 26B, or an application for a determination under section 26C, is—

The court has the power and authority to give advice or make determinations as it thinks proper.

The court must determine an application or matter referred to it for advice or determination under section 26B or section 26C by applying the same considerations as would be relevant under the Maori Fisheries Act 2004.

Sections 26B and 26C do not limit the right of any person to appeal against any decision of the court.

The court does not have jurisdiction under section 26B or section 26C unless it is satisfied that section 181(1) of the Maori Fisheries Act 2004 has been complied with by the parties.

Subsection (6) does not limit section 182 or section 185 or section 186 of the Maori Fisheries Act 2004.

Where a dispute resolution process contemplated by section 181(1) of the Maori Fisheries Act 2004 has not been agreed or has not been complied with, the court must order the parties to engage in a dispute resolution process on terms it prescribes unless it believes, for specified reasons, that such a process is inappropriate.

Nothing in this section or in section 26B or section 26C restricts any other right of a person to bring proceedings in the court.

The jurisdiction conferred by section 26B is exercised by written request to the Chief Judge by a party seeking advice.

Within 20 working days of receiving a request under section 26B, the Chief Judge must allocate the request either to him or herself or to another Judge to address.

Before supplying the advice sought, the Judge addressing a request for advice may (but is not obliged to)—

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.

The jurisdiction conferred by section 26C is exercised on written application to the Chief Judge by a party seeking the determination.

Within 20 working days of receiving an application under section 26C, the Chief Judge must allocate the application either to him or herself or to another Judge to address.

The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following:

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.

The Judge may make a determination under subsection (3)(a) if the Judge is satisfied that—

The Judge may dismiss or defer consideration of an application under subsection (3)(e) if—

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.

If a matter is referred to the court for hearing and determination under section 26F(3)(b), the court must proceed to hear and determine the application.

However, despite subsection (1), the court may (but is not obliged to) do 1 or more of the following:

The court may make a determination under subsection (1A)(a) if it is satisfied that—

The court may dismiss or defer consideration of an application under subsection (1)(c) if—

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.

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.

A Judge who decides to refer issues to a mediator under section 26E(3)(c) or section 26F(3)(d) or section 26L(3)(a) must consult the parties affected by the application about who to appoint as mediator.

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 Fisheries Act 2004.

If a mediator is not appointed by agreement under subsection (2), the Judge must—

A Judge other than the Judge addressing an application may be a mediator.

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.

Despite subsection (2), a Judge who acts as a mediator must not sit as a Judge of the court on any of the same issues.

A Judge may advise a mediator of the issues that need to be addressed at mediation.

The following persons are entitled to attend and participate in a mediation:

A mediator may—

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.

No person may be sued for defamation for statements made in mediation.

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.

If some or all of the issues referred to mediation are resolved at mediation, the mediator must—

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.

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—

Affected parties who participate in the mediation may, if mediation fails and they all agree, withdraw and discontinue the application.

Subject to subsection (2), the Judge must, on receiving a report under subsection (1), either—

A Judge who refers unresolved issues to the court under subsection (3)(b) may be the Judge who hears the matter or provides advice.

In making orders under sections 26B to 26L, the Judge or the court, as the case may be, may do 1 or more of the following:

The Judge or the court, at the request of any party, may also order, as considered appropriate, that an action referred to in subsection (1)(f)(iii) be subject to an interim injunction until—

If the court makes an order under subsection (1)(f)(iii) or subsection (2) that an action be prevented or be subject to an interim injunction, as the case may be, the affected assets must be held in trust by Te Ohu Kai Moana Trustee Limited in accordance with section 118A.

If additional members are appointed under section 26E(4) or section 26F(4) or section 26G(5), the proceedings and processes of the court cannot be challenged on appeal or in any other proceedings on the grounds that an additional member had a tribal affiliation or other relationship with any of the parties unless it is shown that the additional member acted in bad faith.

In sections 26P to 26ZB, unless the context otherwise requires, iwi aquaculture organisation, settlement assets, and trustee have the same meaning as in sections 4 and 5 of the Maori Commercial Aquaculture Claims Settlement Act 2004.

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.

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.

Any person who is a party to a matter referred to in section 26P or section 26Q has standing in relation to the powers provided for in sections 26P to 26ZB.

A request for advice under section 26P, or an application for a determination under section 26Q, is—

The court has the power and authority to give advice or make determinations as it thinks proper.

The court must determine an application or matter referred to it for advice or determination under section 26P or section 26Q by applying the same criteria as would be applied under the Maori Commercial Aquaculture Claims Settlement Act 2004.

Sections 26P and 26Q do not limit the right of any person to appeal against any decision of the court.

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 has been complied with by the parties.

Where a dispute resolution process contemplated by section 53 of the Maori Commercial Aquaculture Claims Settlement Act 2004 has not been agreed or has not been complied with, the court must order the parties to engage in a dispute resolution process on terms it prescribes unless it believes, for specified reasons, that such a process is inappropriate.

Nothing in this section or in section 26P or section 26Q restricts any other right of a person to bring proceedings in the court.

The jurisdiction conferred by section 26P is exercised by written request to the Chief Judge by a party seeking advice.

Within 20 working days of receiving a request under section 26P, the Chief Judge must allocate the request either to himself or herself or to another Judge to address.

Before supplying the advice sought, the Judge addressing a request for advice may (but is not obliged to)—

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.

The jurisdiction conferred by section 26Q is exercised on written application to the Chief Judge by a party seeking the determination.

Within 20 working days of receiving an application under section 26Q, the Chief Judge must allocate the application either to himself or herself or to another Judge to address.

The Judge addressing an application for a determination may (but is not obliged to) do 1 or more of the following:

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.

The Judge may make a determination under subsection (3)(a) if the Judge is satisfied that—

The Judge may dismiss or defer consideration of an application under subsection (3)(e) if—

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.

If a matter is referred to the court for hearing and determination under section 26T(3)(b), the court must proceed to hear and determine the application.

However, despite subsection (1), the court may (but is not obliged to) do 1 or more of the following:

The court may make a determination under subsection (1A)(a) if it is satisfied that—

The court may dismiss or defer consideration of an application under subsection (1)(c) if—

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.

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.