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.
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.
Indeed, the owners all accept that I must resolve the issue in this instance” Tikanga Māori is defined in Te Ture Whenua Māori Act 1993 (the Māori Land Act) as “Māori Customary rights and values”.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
This trust will hold the land for the beneficial owners, hapū, iwi, or Whenua Tōpū trust.
Māori trustees and committee of management members are responsible for caring for and managing whenua on behalf of landowners (beneficial owners and beneficiaries).
The drafters of the Act clearly understood the dynamics of Māori land and Māori land owners. Accordingly, under the Act the engaged owners presently make decisions about their land through the legal structures of trusts and incorporations.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
If an owner of Māori freehold land with many owners has paid more than their share of water services charges, they can apply to the Māori Land Court for a ‘charging order’ under section 99 to recover the excess amount paid.
For more information, please contact your local Mäori Land Court office.
Documents/Panui/1105523-Ministry-of-Justice_Panui-December-2023-web.pdf (985 kb)
If an owner with Māori Land interests is deceased, and a succession has not previously been dealt with by the Court or a Registrar, you can use this form to seek a determination from the Court as to those persons entitled to a deceased’s Māori Land interests and an order transferring the interests to those entitled.
Documents/Forms/MLC-Form-22-Application-for-succession2F.pdf (512 kb)
For more information, please contact your local Mäori Land Court office.
Documents/Panui/0108423-Ministry-of-Justice-National-Panui-March-2023-FINAL1.pdf (714 kb)