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First, it
recommends that the Act be amended to provide for mediation in the first instance in
relation to disputes. Second, it recommends that the law contain “clear and
straightforward provisions and rules” to ensure that the Court remains an accessible
forum for resolving disputes that cannot be resolved by mediation and to hold
governance entities to account for breaches of duty.
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.
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.
He has specialised in
Māori legal issues including
Māori land law, Treaty settle-
ments, post-settlement gov-
ernance advice for iwi groups,
Waitangi Tribunal, and general
public law disputes and legis-
lative developments.
Judge Milner is well-
versed in the work of both
the Māori Land Court and
Waitangi Tribunal through
his extensive work represent-
ing landowners and claimant
groups in both jurisdictions,
alongside his work in Treaty
settlement negotiations and
experience i...
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.
The diagram below represents
this kaupapa.
Māori Land Court dispute resolution service
1
He rauemi tēnei, kia tuhia e koe, ōu whakaaro, i mua i te hui kia tika ai to whakatakoto i ōu kōrero i te hui.
