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Marine and Coastal Area (Takutai Moana) Act 2011

Administrative and miscellaneous matters - Recognition by order of Court - Application for recognition order

107: Court's flexibility in dealing with application

You could also call this:

"The Court can be flexible when dealing with your application"

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

You can apply to the Court for a recognition order. The Court can decide to treat your application differently if it thinks that would be better. The Court has the power to stop an application if it is not a good case or if it will cause problems. You can find more information about notices of appearance in section 104. The Court can also dismiss an application if it has already stopped it. Instead of stopping an application, the Court can put it on hold with some conditions. This does not change the Court's usual powers. The Court can make these decisions to help deal with your application in a fair way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213447.

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Topics:
Crime and justice > Courts and legal help
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106: Burden of proof, or

"You must prove your group's connection to the coastal area to get a recognition order"

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108: Rules governing procedure, or

"Rules to Help Courts Make Decisions"

Part 4Administrative and miscellaneous matters
Recognition by order of Court: Application for recognition order

107Court's flexibility in dealing with application

  1. The Court may, if it considers that an application for recognition of a protected customary right is more appropriately decided as an application for recognition of customary marine title, treat it as the latter.

  2. The Court may, if it considers that an application for recognition of customary marine title is more appropriately decided as an application for recognition of a protected customary right, treat it as the latter.

  3. The Court may strike out all or part of an application for a recognition order or a notice of appearance filed under section 104 if it—

  4. discloses no reasonably arguable case; or
    1. is likely to cause prejudice or delay; or
      1. is frivolous or vexatious; or
        1. is otherwise an abuse of the Court.

          1. If the Court strikes out an application under subsection (3), it may by the same or a subsequent order dismiss the application.

          2. Instead of striking out all or part of an application under subsection (3), the Court may stay all or part of the application on such conditions as are considered just.

          3. This section does not affect the Court's inherent jurisdiction.