Māori Land Court Rules 2011

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Māori Land Court Rules 2011

(SR 2011/374)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 10th day of October 2011

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by Te Puni Kōkiri.

Pursuant to section 95 of Te Ture Whenua Maori Act 1993, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Chief Judge of the Māori Land Court and at least 2 of the other members of the Rules Committee, makes the following rules.

Contents

Part 1
Title and commencement
1.1Title
1.2Commencement
Part 2
Using these rules
2.1What these rules do
2.2Objectives of these rules
2.3What happens when there is doubt about how these rules apply
2.4Complying with these rules
2.5Interpreting these rules
Part 3
How Court works
Court offices, hours, and sittings
3.1Court offices
3.2Office hours
3.3Chief Judge must decide when and where Court sits
3.4Schedule of sittings: all districts
3.5Court must sit in accordance with schedule
3.6Deputy Chief Judge may exercise powers and perform functions of Chief Judge under this Part
3.7Special sittings
3.8Adjournment, rescheduling, or cancellation of sitting
Panui
3.9Māori Land Court Panui
3.10Form of Panui
3.11Compilation and publication of Panui
3.12General information
3.13Information required for sittings in month to which Panui relates
3.14Information relating to applications without notice
3.15Other information
3.16Special Panui for special sittings
3.17Special Panui for scheduled sitting omitted from monthly Panui
3.18Chief Registrar must arrange for notification in Panui
3.19Registrar’s schedule of details of sitting
3.20Distribution of Panui
Part 4
Making an application
4.1How proceedings begin
4.2Form of application or other proceeding
4.3How forms may be used
4.4Valuation
4.5Details or evidence of whakapapa must be filed in certain cases
4.6Plan of land must be filed in certain cases
4.7How proceeding must be filed
4.8Time when document filed
4.9Filing fees
4.10Registrar may refuse to accept proceeding or other document for filing
4.11Proceeding brought by minor
Notice and service
4.12Interpreting rules relating to notice
4.13Application must be notified to other parties and persons materially affected
4.14Exceptions to requirement of notice
4.15What documents must be served
4.16Directions as to notice or service
4.17Examples of directions by Judge as to notice or service
4.18Notice to objecting owner of Māori land
4.19Specific applications that do not require notification to other parties, notification in Panui, nor appearance by applicant
4.20Proceedings in which general rules as to service and notice excluded or modified
4.21Responsibility of applicant as to sufficiency of notice, etc
4.22Method of service
Part 5
Setting applications down for hearing
5.1Registrar must set application down for hearing
5.2Rules that apply to setting down in certain cases
5.3Notification of application filed in office of Chief Registrar
5.4Registrar must fix time, date, and place of hearing
5.5Direction of Chief Judge required for setting down certain proceedings
5.6Registrar must assemble file to assist Court
5.7Registrar’s duty to advance application
5.8Notice of hearing
5.9Notice of intention to appear
5.10Notice and service
5.11Outstanding applications
5.12Judge’s powers in relation to file forwarded under rule 5.11(3)
Part 6
Conduct of hearing
6.1Presiding Judge
6.2Conduct of hearing
6.3Court staff
6.4Court may sit without formal notice
6.5When Court may determine application for which no appearance is required
6.6Notification in Panui of application made without notice
6.7Form of notification in Panui
6.8Directions following notification of application made without notice
Adjournments
6.9Court may adjourn hearing
6.10Notification of adjournment in Panui and notice of hearing
6.11Adjournment to another district
Registrar’s jurisdiction and powers
6.12Specified classes of case in which designated Registrar may exercise jurisdiction and powers of Court
6.13Registrar’s ancillary powers
Parties
6.14Court may strike out or add parties to application
6.15Court may make directions for representation of person or class of persons
6.16Guardian ad litem
Evidence
6.17Form of evidence
6.18Further evidence
6.19Who may take affidavit, declaration, or affirmation
6.20Discovery
6.21Exhibit notes
6.22Summons to witness
6.23Witness summoned must comply with summons
6.24Taking evidence in another district
6.25Power of Registrar to take evidence
Reference to Registrar for inquiry and report
6.26Judge may make reference to Registrar
6.27Conduct of Registrar’s inquiry
Dismissal
6.28Court may dismiss application
Costs
6.29Security for costs
6.30Form of bill of items for taxation of costs
6.31Procedure for taxation of costs
6.32Taxation of costs
6.33Review of taxation of costs
Part 7
Orders and records of Court
Orders
7.1Order must be documented in certain cases
7.2Form of order
7.3Orders in electronic form
7.4Order must be completed as soon as practicable after it is made
7.5Time for completion of order
7.6How order must be signed and sealed
7.7Certain orders must include plans
7.8When Court may modify or dispense with requirement of survey plan
7.9Area of land provisional until definition by full survey
7.10Amendment of orders, warrants, etc
7.11Retention of original order
7.12Duplicate orders
7.13Verification of duplicate order
7.14Duplicate copy of order for payment of money for transmission to District Court
7.15Electronic transmission of orders
Records of Court
7.16Sound recording of proceeding
7.17Minutes of proceeding
7.18Content of minutes
7.19Permanent record
7.20Custody of permanent record
7.21Access to permanent record
7.22Maintenance of permanent record
7.23Electronic form of permanent record
7.24Status of electronic form of permanent record
7.25Storage of permanent record in hard-copy form
Part 8
Reconsideration of decision
Rehearing
8.1Rehearing
Application to Chief Judge to correct mistake or omission
8.2Application to Chief Judge under section 45 of Act
8.3Chief Registrar or Registrar must make preliminary report
8.4Content of preliminary report
8.5Notice to persons affected
8.6Registrar must give notice of decision
8.7Procedure on cancellation or amendment of order
Appeal
8.8Notice of appeal
8.9Filing of notice of appeal
8.10Notification of appeal
8.11Chief Judge must take steps for hearing of appeal
8.12Powers and duties of Deputy Chief Judge in relation to appeals
8.13Leave to appeal from provisional or preliminary determination
8.14Leave to appeal out of time
8.15Notification in Panui
8.16Record on appeal
8.17Preliminary and interlocutory matters
8.18Hearing of further evidence
8.19When Māori Appellate Court may dismiss appeal without hearing
8.20Māori Appellate Court may convene without formal hearing to determine certain matters
8.21Conduct of appeal hearing
8.22Reinstatement of appeal
8.23Withdrawal of appeal
Case stated
8.24Procedure for stating case
8.25Responsibility for preparing case stated
8.26Form of case stated
8.27Case stated for High Court
Part 9
Civil applications, injunctions, and other applications
Civil applications
9.1Types of civil application
9.2Form of civil application
9.3Notification and service of civil application
9.4Respondent may file notice of intention to appear
Injunctions
9.5Application for injunction
9.6Urgent application for injunction
9.7Order of injunction
9.8Enforcement of injunction
9.9Cancellation of injunction
Other applications
9.10Application to restore effect of lost instrument of alienation
9.11Request for advice on, or application for determination of, representation of Māori groups
9.12Application to appoint receiver
Part 10
Succession and related applications
Succession
10.1Application for search of beneficial interest in Māori freehold land
10.2Application for succession under section 113, 117, or 118
10.3Application for succession: steps to be taken by Registrar on filing
10.4Notice of application for succession
10.5Registration of succession order
10.6Application to vest interest of deceased Māori in General land
10.7Procedure in cases excluded from Part 4 of Act
10.8When succession order or determination as to entitlement may be made without notice
Related applications
10.9Order in respect of further land interests
10.10Transmission of Māori land to administrator
10.11Application for transmission of joint tenancy by survivorship or for termination of life interest
Part 11
Applications relating to land: status, alienation, assembled owners, exchange, and representation
Status
11.1Application for change of status from General land to Māori freehold land
11.2Application for change of status from Māori land to General land
Alienation of Māori land
11.3Application for confirmation of instrument of alienation
11.4Application for exemption from providing special valuation
11.5Procedure for notifying preferred classes of alienees as to right of first refusal
11.6Requirement of right of first refusal: when Court may confirm alienation
11.7Exercise of right of first refusal
11.8Confirmation on default by preferred alienee
11.9Application for approval of alienation by long-term lease
11.10How instrument of alienation of interest in Māori freehold land must be signed and witnessed
11.11Registrar’s certificate of confirmation
11.12Form of certificate of confirmation by Court or Registrar
11.13Application for vesting order
11.14Valuation in support of application for vesting order
11.15Notice of application for vesting order
11.16Alienation of Māori freehold land must be entered in Māori Land Court title record or entered against memorial schedule
Assembled owners
11.17Application to call meeting of owners
11.18Direction to summon meeting and notice to preferred classes of alienees
11.19Notice of meeting and procedure
11.20Application for confirmation of resolution of assembled owners
11.21Application for confirmation of resolution passed at family gathering
11.22Minutes of informal family gathering
11.23Court may cancel order confirming resolution
Exchange orders
11.24Application for exchange order
Representation of owners of Māori land
11.25Application for certificate under section 181(2) or 183(2) of Act
11.26Form of notice under section 181(3) of Act
11.27Notice under section 181(3) of Act must be dealt with as application
Part 12
Trusts and incorporations
Trusts
12.1Application to constitute trust
12.2Application to constitute putea trust
12.3Application to constitute whānau trust
12.4Application to constitute ahu whenua trust
12.5Application to constitute whenua topu trust
12.6Application to constitute kai tiaki trust
12.7Remuneration of trustees
12.8Application to appoint, remove, or replace trustees
12.9Application for payment of monies held on trust
Incorporations
12.10Application for incorporation
12.11Application for inclusion of owners of additional Māori freehold land in incorporation
12.12Application for amalgamation of incorporations
12.13Application for removal from office of member of committee of management
12.14Application for winding up
Part 13
Applications that create or affect title to land
Partition
13.1Application for partition order
13.2Application for partition order: directions and notice
13.3Preliminary hearing
13.4Court may direct applicant for partition order to obtain subdivision consent
13.5Documents that applicant must file on grant of subdivision consent
Amalgamation and aggregation
13.6Application for amalgamation order
13.7Application for aggregation order
Easements and roadways
13.8Application for easement
13.9Application for order laying out roadway
13.10Application for easement or roadway: directions and notice
13.11Applicant may be required to submit draft order
13.12Application for order vesting closed road in adjoining owner
Access to landlocked Māori land
13.13Application for access to landlocked Māori land
13.14Registrar must refer application to Judge for directions
Occupation orders
13.15Application for occupation order
Survey of Māori land
13.16Application for requisition of survey of Māori land
13.17Requisition for survey of Māori land
13.18Charging order for costs of survey
Part 14
Title registration and improvement
14.1Maintenance of ownership list
14.2Registrar may apply to Court for order to determine status of land
14.3Application for declaratory consolidated order
Part 15
Jurisdiction under miscellaneous Acts
Protected Objects Act 1975
15.1Proceeding under Protected Objects Act 1975
Fencing Act 1978
15.2Claim, dispute, or question arising under Fencing Act 1978
Local Government (Rating) Act 2002
15.3Application for charging order for unpaid rates
Maori Commercial Aquaculture Claims Settlement Act 2004
15.4Request for advice or non-binding ruling in relation to aquaculture dispute
15.5Application for determination of aquaculture dispute
Maori Fisheries Act 2004
15.6Request for advice or non-binding ruling in relation to fisheries dispute
15.7Application for determination of fisheries dispute
15.8Application by Te Ohu Kai Moana Trustee Limited to deny or suspend recognition of mandated iwi organisation
Maori Vested Lands Administration Act 1954 and Maori Reserved Land Act 1955
15.9Memorial of assignment by way of security over vested land or reserved land
Part 16
Special Aid Fund
16.1Appointment, etc, of persons to be paid from Special Aid Fund
16.2Court appointment of barrister or solicitor
16.3Court appointment of other persons
16.4Provisional appointment
16.5Role of Registrar in finalising appointment
16.6Application for order for payment from Special Aid Fund
16.7Request by person specified in section 98(9) for payment from Special Aid Fund
16.8Court may issue practice note as guide to reasonable fees and expenses
16.9Registrar must forward orders and applications for payment to Chief Registrar
Part 17
Revocation and transitional provisions
17.1Maori Land Court Rules 1994 revoked
17.2Transitional provisions
Schedule
Forms
Gazette Information
Reprint notes