Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Access to land other than for minimum impact activity

80: Access arrangements in respect of Maori land

You could also call this:

"Rules for accessing Māori land and getting compensation"

Illustration for Crown Minerals Act 1991

When you are dealing with Māori land, there are special rules to follow. If the land is owned by many people, the Māori Trustee will make arrangements on their behalf for things like access to the land, as outlined in section 50 or section 60, and for any claims for compensation under section 76. The Māori Trustee will act for the owners of the land.

If the Māori land is owned by one person, or a company or trustee, they can choose to have the Māori Trustee act for them. The Māori Trustee will then have the power to make decisions about access to the land and compensation claims, as outlined in section 50 or section 60, and section 76.

The Māori Trustee will receive any compensation money and distribute it to the people who are entitled to it, after making any necessary deductions. If needed, the Māori Trustee can ask the Māori Land Court to decide how the compensation money should be shared.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246750.


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Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Access to land other than for minimum impact activity

80Access arrangements in respect of Maori land

  1. Except where the land is owned by a single owner in severalty or is vested in trust in a body corporate or a trustee (other than the Māori Trustee), any arrangement for the purposes of section 50 or section 60 with any person having a freehold interest in Maori land or any claim for compensation under section 76 shall be entered into or made by the Māori Trustee on behalf of that person.

  2. If any Maori land is owned by a single owner in severalty or is vested in trust in a body corporate or a trustee (other than the Māori Trustee), the owner or the body corporate or the trustee, as the case may be, may appoint the Māori Trustee as his, her, or its agent to act in respect of any arrangement for the purposes of section 50 or section 60 or any claim for compensation under section 76; and in any such case the Māori Trustee, if he or she accepts the appointment, shall have all the powers and discretions of the person appointing him or her in respect of such an arrangement.

  3. Any compensation agreed upon in any case where the Māori Trustee is acting for the person entitled to it shall be paid to the Māori Trustee; and, subject to subsection (4), the Māori Trustee shall distribute the compensation money, after making any proper deductions, to the persons entitled to it.

  4. If he or she thinks fit to do so, the Māori Trustee may apply to the Maori Land Court to determine to whom, and in what proportions, any compensation money paid to him or her under this section should, according to what the court considers just and equitable in the circumstances, be distributed; and the compensation money shall be distributed in accordance with any order made by the court in that behalf.

  5. Any action or decision of the Māori Trustee under this section shall be binding on all persons whom he or she represents, and anything done or omitted to be done by the Māori Trustee in the exercise of his or her rights and powers under this section shall not be actionable at the suit of any person.

Notes
  • Section 80(1): amended, on , pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).
  • Section 80(2): amended, on , pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).
  • Section 80(3): amended, on , pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).
  • Section 80(4): amended, on , pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).
  • Section 80(5): amended, on , pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).