In that situation an Alternative Dispute Resolution process had been agreed, that process was required, and it was undertaken with findings ultimately made.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
Partitioning was also used during the process of land-purchasing, particularly by the government.
Documents/Guides-Templates-Factsheets/MLC-150-years-of-the-Maori-Land-Court.pdf (11 mb)
CONTEST (A WILL) To dispute or challenge a will through the High Court.
Documents/Guides-Templates-Factsheets/MLC-2023-Glossary-of-terms.pdf (278 kb)
One of the interesting sessions was on alternative dispute resolution. The thread of discussions from presenters and conference attendees is that arbitration is the preferred form of dispute resolution in many overseas jurisdictions.
Māori Fisheries Act 2004 The Māori Fisheries Act 2004 enables a Judge of the Māori Land Court to give advice about or determine disputes regarding entitlements. Māori Commercial Aquaculture Claims Settlement Act 2004 The Māori Commercial Aquaculture Claims Settlement Act 2004 enables a Judge of the Māori Land Court to give advice about disputes regarding entitlements.
Conflict of interest generally Judges should recuse themselves wherever they have personal knowledge of disputed facts in proceedings, or wherever they have a personal view concerning a party or witness of disputed fact in the litigation.
Documents/Guides-Templates-Factsheets/Maori-Land-Court-Recusal-Guidelines.pdf (226 kb)
Records of Appeal and Review Processes 32 6.8. Maintaining the Title Record 34 6.9.
Documents/Guides-Templates-Factsheets/MLC-2017-03-03-RDS-Report.pdf (1.1 mb)
Judge Wainwright frequently mediates disputes in the Māori Land Court and the Waitangi Tribunal.
If the problems cannot be resolved, the landowners can apply to the MLC to: • try and resolve issues through mediation using the Court’s dispute resolution service • review the terms, operation or other aspects of the trust • add, replace or remove trustees • investigate the trust • enforce the terms of the trust • vary the terms of the trust • terminate the trust.
Documents/Guides-Templates-Factsheets/MOJ0217.1E-OCT21-Maori-Land-Trusts.pdf (341 kb)
Those people are called successors 2 and the process is called succession. Successors are then entitled to make decisions about the use of that land for their benefit and for the benefit of future generations.
