Benefits Descendants are involved as owners of the land and exercise their voting rights sooner. Dispute resolution Before 6 February 2021 In many cases the only option for owners to resolve disputes over their land is through the Court.
...trustees may appoint subcommittees to oversee any aspect of Marae business. 6.4 At the time of appointing a subcommittee, the trustees shall set out in writing the terms of reference. 6.5 At least one trustee shall sit on any subcommittee. 7. Dispute resolution 7.1 If disputes or disagreements arise about: 7.1.1 Conflicts of interest; 7.1.2 Allegations about trustee misconduct; 7.1.3 The performance of a trustees or trustees; 7.1.4 The practice of tikanga and/or kawa at t...
Documents/Guides-Templates-Factsheets/05-08-2025-Marae-Charter-Template.pdf (632 kb)
If not, there are still steps we can take to help resolve the dispute.
A key area of change is dispute resolution. Amendments made to Te Ture Whenua Māori Act 1993 in 2020 , allow ed certain disputes within the Court’s jurisdiction to be resolved through mediation.
...holding of a conference (a) $220 (b) $228 (c) $66 (d) $220 (e) $220 (f) $220 (g) $66 (a) $228 (b) $228 (c) $68 (d) $228 (e) $228 (f) $228 (g) $68 Filing an application in respect of the following: (a) advice on disputes referred under the Māori Fisheries Act 2004 (b) hearing and determining disputes referred under the Māori Fisheries Act 2004 (c) advice on disputes referred under the Māori Commercial Aquaculture Claims Settlem...
Documents/Articles/Detailed-list-of-fee-changes.pdf (287 kb)
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.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
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)
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.
Documents/Guides-Templates-Factsheets/Maori-Land-Court-Recusal-Guidelines.pdf (226 kb)
Other disputes may also arise if the issue of who may be buried in the urupā has not been carefully considered.
