Judges Corner Article by Judge Aidan Warren on Dispute Resolution2
The new Mediation regime establishes a dispute resolution process based on tikanga Māori to assist owners of Māori Land to resolve disagreements and conflict about their land.
The new Mediation regime establishes a dispute resolution process based on tikanga Māori to assist owners of Māori Land to resolve disagreements and conflict about their land.
OCCUPATION ORDER: An occupation order provides the right to build on a piece of land owned by multiple owners (but does not grant a title of ownership over that piece of land).
The Local Government (Water Services) Act 2025 introduces new provisions that allow owners of Māori land and water service providers to appeal to the Māori Land Court over decisions about access to Māori land for water infrastructure.
The Local Government (Water Services) Act 2025 introduces new provisions that allow owners of Māori land and water service providers to appeal to the Māori Land Court over decisions about access to Māori land for water infrastructure.
This is the position that the Māori Land Court took in Tautari v Mahanga41 where Judge Ambler stated; “Clearly many owners feel whanaungatanga to both owners. The Act 42 promotes owners resolving such disputes themselves but, where they are unable to do so, the Court must resolve the dispute.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
And so ends my words of encouragement to all branches of our justice system, to search for the pathway that is best suited for your Court.
When the land has many owners, it’s important that the costs are shared fairly among everyone.
They may also call an owner hui where, if necessary, trustees will be replaced or elected.
Trustee responsibilities can include: researching options for the whenua on behalf of owners attending regular trustee meetings to discuss and debate plans for the trust communicating with owners and organising hui for owners or trustees to discuss plans for the whenua visiting the whenua regularly to check on the wellbeing of the land, and working with people involved in the whenua or trust, such as a lessee, accountant, or management team.
General powers of Trustees 1.3 The Trustees have the following general powers: (a) all the powers necessary to manage the Trust Property including, in relation to the Trust Property, all the powers of an absolute owner of the property; and (b) all the powers necessary to carry out the terms of the Trust, including powers incidental to those in paragraph (a).