Marine and Coastal Area (Takutai Moana) Act 2011

Administrative and miscellaneous matters - Recognition by order of Court

99: Court may refer to Māori Appellate Court or pūkenga for opinion or advice on tikanga

You could also call this:

"Asking for help to understand Māori customs and traditions in court"

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

You can ask the Māori Appellate Court for its opinion on tikanga if you have a question about it. This can be done in accordance with section 61 of Te Ture Whenua Maori Act 1993. You can also get advice from a pūkenga who knows about tikanga, and they are appointed in accordance with the High Court Rules 2016. The Māori Appellate Court's opinion is binding, which means you have to follow it. The pūkenga's advice is not binding, so you do not have to follow it. The court can use this information to help make a decision. Tikanga refers to Māori customs and traditions, and a pūkenga is a court expert who has knowledge and experience of tikanga. You can use these resources to get a better understanding of tikanga and how it applies to your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213437.

This page was last updated on 9 February 2026 — View changes

Topics:

Māori affairs > Treaty of WaitangiMāori affairs > Māori landCrime and justice > Courts and legal help

98: Court may recognise protected customary right or customary marine title, or

"The Court can approve your customary rights to the coast or sea if you meet the requirements."

100: Who may apply, or

"Who can ask the Court for a recognition order?"

Part 4Administrative and miscellaneous matters
Recognition by order of Court

99Court may refer to Māori Appellate Court or pūkenga for opinion or advice on tikanga

If an application for a recognition order raises a question of tikanga, the court may—
refer that question in accordance with section 61 of Te Ture Whenua Maori Act 1993 to the Māori Appellate Court for its opinion; or
obtain the advice of a court expert (a pūkenga) appointed in accordance with the High Court Rules 2016 who has knowledge and experience of tikanga.

The opinion of the Māori Appellate Court is binding on the Court but the advice of a pūkenga is not.

Notes

Section 99(1)(b): amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).