Proceedings on foot or not As noted above, one of the benefits of the proposed mediation process is that mediation is not only available where there are proceedings on foot, but also where there are no formal proceedings or applications before the Court. A simple application by the Registrar and the consent of the parties to the dispute is all that is required.
The main priorities for the Court now are first, to remedy errors in the lists, using s 86 of TTWMA, and second, to update the list of successors based on previous and new evidence, the latter of which requires hearings to be held so evidence can be heard. An application form based on the existing form for successions has been modified for the purposes of SILNA determinations, and individual applications are linked to a central file to ensure consistency.
If the trustees do not convene a special meeting for this purpose within 2 months of receiving
the written notice, the aggrieved person may file in court an application under section 238 of
the Act asking the court to:
(a) review the trustees’ response or failure to respond to the aggrieved person’s notice;
(b) give directions to the trustees; and/or
(c) put in place an injunction to prevent the trustees from taking any further steps in relation
to the subject of the grievance...
It sets out how Judge Reeves dealt with an application for accretion and for determination of ownership, where ownership records had not been maintained for over 100 years.
Any member of the preferred class of alienees who wishes to be considered by the owners as
a prospective purchaser of the land must give written notice of his or her intention to pursue
the right of refusal at the hearing of the application. That written notice must be filed in the
Māori Land Court not later than 4pm, Thursday 8 September 2026.
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TE KOOTI WHENUA MĀORI / MĀORI LAND COURT
Place: Gisborne
Present: C L Fox, Chief Judge
D Kennedy, Court Taker
Date: 5 August 2024
Application No: AP-20240000008262
Subject: RESCHEDULING OF GISBORNE COURT SITTING
Legislation: Rule 3.8(1)(b), Māori Land Court Rules 2011
The Court: I have considered the 2024 October Tairawhiti District Court sitting date for
Gisborne that has been gazetted by the Chief Registrar in accordance with the Schedule
published under the a...